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HomeMy WebLinkAboutContract 51630 4 CITY CONTRACT NO.YW0 OF�p4� PQ`l BRIDGE AGREEMENT FOR MANAGEMENT AND IMPROVEMENT SERVICES G G��(SESQ Fort Worth Public Improvement District No. 14(Trinity Bluff) This BRIDGE AGREEMENT FOR MANAGEMENT AND IMPROVEMENT SERVICES ("Agreement") is made and entered into by and between the CITY OF FORT WORTH(the "City"), a home-rule municipal corporation organized under the laws of the State of Texas acting by and through its duly authorized Assistant City Manager, and DOWNTOWN FORT WORTH, INC., a Texas nonprofit corporation, ("Contractor")acting by and through Andy Taft, its duly authorized President. RECITALS The following statements are true and correct and constitute the basis upon which the City and Contractor have entered into this Agreement: WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code on June 16, 2009, the City Council of the City of Fort Worth adopted Resolution No. 3748-06-2009 establishing Fort Worth Public Improvement District No. 14(the"District"); WHEREAS, the City is authorized to utilize the District to undertake improvements and services that confer special benefits on the part of the City within the District; WHEREAS,the City Council is authorized to levy and collect special assessments on property in the District, based on the special services conferred by the improvements and services,to pay the cost of such improvements and services; WHEREAS, the City and Contractor are currently negotiating the terms and conditions of a written agreement for the provision of certain improvements and services in the District that will serve through the City's current fiscal year(October 1 —September 30); WHEREAS, the City and Contractor recognize the need to allow the Contractor to perform the improvements and services until such time as a more permanent agreement can be executed; WHEREAS, this Agreement is intended to bridge that gap so that the Contractor can perform, and receive reimbursement for,the improvements and services necessary for the District;and NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and agreements contained herein,the City and Contractor do hereby covenant and agree as follows: AGREEMENT 1. ENGAGEMENT OF CONTRACTOR. 1.1 The City hereby engages the Contractor, and the Contractor hereby agrees to provide, furnish, oversee, or perform in accordance with this Agreement the improvements and services set forth in this Agreement for the Term(as hereinafter defined). 2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT. 2.1. Scope of Contractor's Duties. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Management and Improvement Services Agreement with Downtown Fort Worth,Inc.for PID 14(Trinity Bluff) o (a) Contractor will provide or cause to be provided those improvements and services ("Improvements and Services") set forth and subject to the Budget and Service Plan for the District, as approved by the City Counc 11 for City's 2018-2019 fiscal year ("Budget and Service Plan") (which is attached hereto as Exhibit"A" and hereby made a part of this Agreement'for all purposes), as may subsequently be amended, and the ordinance adopted by the City Council levying assessments on properties in the District for such Improvements and Services (which ordinance is a public document on file in the City Secretary's Office and is hereby incorporated for all purposes). (b) Contractor will also oversee the bidding and awarding of any third-party contracts for the above-referenced Improvements and Services in accordance with all applicable laws and the policy and guidelines set forth in the Policy for Operating Public Improvement Districts adopted by the City Council pursuant to Resolution No. 4905-02-2018 (the "PID Policy"), a copy of which Contractor l^ereby certifies it has received and which is incorporated herein by reference for all purposes. (c) Contractor must comply with all duties and responsibilities set forth in Exhibits "B", "C",and "D",which are attached hereto and incorporated herein for all purposes. (d) Contractor must comply with Section 2.1 (b)-(g) of Fort Worth City Secretary Contract ("CSC") Number 49993, the terms of which are incorporated herein by reference as if stated in full. 2.2. Security Personnel. (a) In the event Contractor employs security personnel as a part of providing Improvements and Services under this Agreement,Contractor hereby assumes sole responsibility for any and all acts or omissions of security personnel in the performance of their responsibilities hereunder. Security personnel shall include, but not be limited to, any employee, agent, representative, security officer, or off-duty Fort Worth Police officer hired by the Contractor to provide Security Services within the District. "Security Services" shall not include any duties or responsibilities related to the Ambassador Program (as defined in Exhibit D), running radar on drivers, writing parking citations, investigating crimes, or other job functions normally performed by on-duty police officers. Contractor shall bear sole responsibility, if any, for reporting its payment for each security personnel's services as taxable income to the Internal Revenue Service. (b) If Contractor employs off-duty Fort Worth police officers to provide Security Services, the parties understand, acknowledge, and agree that, while performing Security Services for the Contractor under this Agreement, -the off-duty officers are not considered employees of the City of Fort Worth, except as provided herein. Contractor shall direct residents to call 911 in the case of an emergency. Off-duty Fort Worth police officers working for the Contractor will not answer calls for police service from Police Department dispatchers except in the event of a life-threatening emergency, in which case the off-duty officer would then be considered "on-duty" and working as an employee of the City of Fort Worth. If the off-duty officer becomes aware of a situation that warrants immediate police action within the District, he or she can take police action while also advising on-duty officers of the situation. Responsibility for the incident will be transferred to an on-duty officer as soon as one reaches the scene. Should off-duty Fort Worth police officers be used by Contractor to provide Security Management and Improvement Services Agreement with Downtown Fort Worth,Inc.for PID 14(Trinity Bluff) 2 of 9 Services, reimbursement by the City for such services shall be done on forms and in a manner prescribed by the City. (c) Notwithstanding anything to the contrary in this Section 2.2, the City reserves the right, at any time and for any reason,to remove the administration of security services from the scope of the Contractor's work. In the event the City exercises this provision, the Administrator will provide the Contractor with written notice at least ten (10) calendar days prior to assuming such administrative obligations. 2.3. Contractor Compensation. Notwithstanding anything to the contrary, payment of any management fee and insurance payments, as those items are reflected the Budget and Service Plan, will be addressed in the permanent agreement to be executed by the parties. The term Management Fee includes any and all insurance costs and administrative costs incurred by the Contractor to perform its duties and responsibilities under this Agreement, including, but not limited to, rent, office space, telephone charges(wired and wireless), office and general supplies, employee insurance, relevant salaries, clerical costs, project management fees and costs, staff expenses, professional development, training, education, and the like. 2.4 Reimbursement for Improvements and Services. Notwithstanding anything to the contrary, any invoices received by the City for reimbursement of any Improvements or Services prior to the date that the City executes this Agreement, as set forth on the signature page of this Agreement, will be deemed to have been received by the City on the date that the City executes this Agreement. The City will reimburse the Contractor in accordance with Section 6 of CSC 49993 as set forth herein. 3. INCORPORATION OF ADDITIONAL TERMS FROM CSC 49993. 3.1 The parties agree to comply with the following sections contained in CSC No. 49993, which are hereby incorporated into this Agreement by reference as if stated in full: (a) Section 2.3 - Standard of Care;Nature of Relationship (b) Section 3 —City's Duties and Responsibilities (c) Section 4—Amendments (d) Section 6—Release of Funds to Contractor (e) Section 7—Discrimination Prohibited (f) Section 8—Business Diversity Enterprise Ordinance (g) Section 9—Contractor Liability (h) Section 10—Liability of City; Personal Liability of Public Officials (i) Section 11 —Indemnification 0) Section 12—Independent Contractor (k) Section 13 —Insurance (1) Section 14—Taxes (m)Section 15 —Permits and Licenses (n) Section 16—Character of Work and Operations (o) Section 17—Assignment and Subcontracting (p) Section 18—Default (q) Section 19—Cooperation with City (r) Section 20—Books and Records; Auditing Rights (s) Section 21 —Notices (t) Section 22—Compliance with Laws,Ordinances, Rules, and Regulations (u) Section 23 —Governmental Powers Management and Improvement Services Agreement with Downtown Fort Worth,Inc.for PID 14(Trinity Bluff) 3 o1`9 (v) Section 24–No Waiver (w)Section 25–Venue and Choice of Law (x) Section 26–No Third Party Rights (y) Section 27–Interpretation (z) Section 28–Captions (aa)Section 30-Counterparts 4. TERM. 4.1 This Agreement is effective beginning on O;,tober 1, 2018 (the "Effective Date") and, unless terminated earlier in accordance with this Agreement,expires on December 31,2018("Term"). 5. BOYCOTT ISRAEL. 5.1 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company tha. it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor. (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 6. ENTIRETY OF AGREEMENT. 6.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Contractor as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. EXECUTED as of the last date indicated below: CITY OF FORT WORTH: DOWNTOWN FORT WORTH,INC., a Texas nonprofit corporation: B B YVus Y•— Alanis An aant City Manager Pfesident Date: �� 2 -.,�, Date:_ ATTEST: � ' ��1TTEST• By. S.rte e:ary Jay �, Na City Secret e: thfes. moi, ' 9 p _. CITY SECRETARY Management and Improvement Services Agreement FT WORTH p TX with Downtown Fort Worth,Inc.for PID 14('Trinity Bluff) APPROVAL RECOMMENDED: By: Z--<7' Kevin n Acting Director of Finance APPROVED AS TO FORM AND LEGALITY: By: Tyler F. W Assistant ity Attorney M&C: BH- 8 3q 3 Date: August 21,20188 Form 1295: ?-01E— V06' 7�( Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. () 14/7 1-k&- Name of ployee Title R CIAL RECORD SECRETARYWORTH, Tk Management and Improvement Services Agreement with Downtown Fort Worth,Inc.for PID 14(Trinity Bluff) 5 of 9 Exhibit"A" Budget and Service Plan FORT WORTH© City of Fort Worth [ Five Year Service Plan FY 2018-19-FY 2022-23 t Public Improvement District No.14-Fort Worth i t FY18/19 FY19120 FY20121 FY21122 FY22123 REVENUES PID Assessments $67,535 $69,561 $71,648 $73,797 $76,011 Budget Revenues $67,535 $69,561 $71,648 $73,797 $76,011 i Use of Fund Balance $2,000 d Total Revenues $69,535 $69,561 $71,648 $73,797 $76,011 C EXPENSES Management Fee 11,125 11,151 11,642 12,630 13,100 Utilities 450 450 450 459 468 Landscaping 28,000 28,000 28,560 29,131 30,276 1 Litter Abatement 3,600 3,600 3,672 3,745 3,820 Security - - - - - Ambassador Program 23,360 23,360 24,324 24,831 25,347 Marketing 1,000 1,000 1,000 1,000 1,000 Holiday Lighting - - - - - Public Events Capital improvements Insurance Annual Review - - - - - City Administrative Fee 2,000 2,000 2,000 2,000 2,000 Budget Expenses 69,535 69,561 71,648 73,797 76,011 Total Expenses $69,535 $69,561 $71,648 $73,797 $76,011 r r F 3 t i 4 1 I Submitted by Downtown Fort Worth,Irc. August 3,2017 Management and Improvement Services Agreement with Downtown Fort Worth,Inc.for PID 14(Trinity Bluff) 6 of 9 Exhibit`B" Additional Services to be Provided by Contractor 1) Contractor shall designate one of its employees to be the primary District manager; 2) Participate in meetings of City of Fort Worth departments of Performance and Budget, Financial Management Services, Park and Recreation, Transportation and Public Works, and Internal Audit to coordinate District activities; 3) Provided that the City has appointed an advisory body pursuant to Section 372.008(b) of the Texas Local Government Code, participate in all District advisory body meetings and update advisory body members on budget, security patrols, landscaping, City coordination issues, and other matters. At the request of the Contractor's president, arrange for guest presenters to attend meetings; 4) Establish means of communication for citizen input to report problems and make suggestions to the District. Coordinate responses to citizen input with the District advisory body or other entity selected by the City; 5) Maintain a full and accurate accounting of disbursements for reimbursement from District revenues, providing the District advisory body or other entity selected by the City with a monthly accounting statement; 6) Monitor recurring expenses and perform comparative analysis to identify emerging trends and real or potential problems. Notify the District advisory body or other entity selected by the City of trends and unusual or excessive expenses; 7) Maintain complete set of historical records of all District activity to include District charter, minutes of meetings, and agreements/contracts with other entities, grant applications, etc. from the beginning of the District to present; and 8) Work with all District committees to coordinate and handle all details associated with public events that are sponsored by District. The Contractor shall commence, carry on, and provide such Improvements and Services with all practicable dispatch, in a sound, economical, and efficient manner, in accordance with this Agreement and its attachments and all applicable laws. Management and Improvement Services Agreement with Downtown Fort Worth,Inc.for PID 14(Trinity Blum 7 of 9 Exhibit"C" Maintenance and Landscaping Program 1) Contractor will provide the following landscaping and ma atenance services in the District: a) Once a week, Sundays,two hours of hand sweeping and debris pick up in the District. b) During the approximately seven month growing season, one day a week — generally on Sundays--three to four hours of landscaping and mowing work in the public right-of-way consisting of: i) Mowing all grass areas in the public right of way including edging and removing of cuttings. ii) Grubbing out all tree wells in the public right of way, removing all foreigrl objects from the tree wells,and trimming ground cover when appropriate. iii) Trimming trees and bushes in the public right of way once or twice a year as appropriate. iv) The landscaping portion of this work shall include repairs to the sprinkler heads and laterals in the planter boxes. No repairs to any irrigation lines that break under sidewalks or streets will be the responsibility of the District. v) The payment of utilities for the water and electricity utilized in the public right of way for the irrigation system shall not be the responsibility of the District. vi) This maintenance and landscaping work will not include replacing any ground cover that has died. Management and Improvement Services Agreement with Downtown Fort Worth,Inc.for PID 14(Trinity Bluff) 8 of 9 Exhibit"D" Ambassador Proaram 1) Contractor will be responsible for implementing and overseeing an ambassador program ("Ambassador Program") within the District. The primary purpose of the Ambassador Program is to provide the following safety and hospitality services in the District: a) Visible Presence — Ambassadors will circulate throughout the District daily to create a highly visible, accessible, outgoing, and inviting presence, with an attitude of friendly professionalism, superior customer service,and hospitality. Ambassadors will be on foot and will be deployed in a manner that ensures resources are placed strategically to address critical issues or needs at key times of day, days of the week, and as needed. b) Improved Public Order and Reduced Crime —Ambassadors will deter aggressive solicitation and other prohibited behaviors, report crimes, and provide information and support to the Fort Worth Police Department, City of Fort Worth Code Compliance, Contractor, and others to help reduce crime, code violations, and public order problems. Ambassadors will promptly call 911 to notify the Fort Worth Police Department of any crimes in progress, and conditions or individuals that may pose immediate risk or danger to persons or property. c) Property and Business Contacts — Ambassadors will interact directly with property and business owners, managers, and security personnel to build a network, provide and receive information relevant to downtown safety and hospitality, and to raise public awareness of the Ambassador Program. d) Social Service Outreach and Referrals —Ambassadors will engage with people that appear to be in need of mental or physical health services, substance abuse treatment, emergency shelter, or housing to provide resource information, make direct referrals to service agencies, or connect service staffs to people on the streets. e) Hospitality and Information—Ambassadors will actively greet pedestrians and provide general assistance, maps or directions, information on historic sites, shops, restaurants, public transportation, other places of interest, and general information that may be helpful and welcoming. f) Public Assistance—Ambassadors will provide help and support to the general public to address a wide range of situations and needs, such as: assistance with the use of parking meter stations, repairing a flat tire, opening a door, escorting employees to parking garages, and by off-setting any potentially negative experience with a positive interaction. g) Events Support—Ambassadors may be needed to provide support for the Contractor and other special events. h) Data,Metrics,and Reporting—Ambassadors will document all interactions and provide weekly, monthly, and annual reports that detail services provided, identify problem areas, identify trends, indicate the type of services or attention needed, and that demonstrate the effectiveness of the program. 2) Notwithstanding anything to the contrary, it is understood between the parties that the Ambassador Program is not intended to provide any Security Services for the District nor are the ambassadors to act as security personnel in any way. 3) In addition to any other requirements set forth in the Agreement, Contractor is responsible for ensuring that the ambassadors have proper, identifiable uniforms signifying their inclusion in the Ambassador Program and that all ambassadors that interact with the public are properly screened and pass a thorough background check. Management and Improvement Services Agreement with Downtown Fort Worth,Inc.for PID 1(Downtown) 9 of 9 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/21/2018 - Ordinance Nos. 23339-08-2018 & 23340-08- 2018 DATE: Tuesday, August 21, 2018 REFERENCE NO.: BH-393 LOG NAME: 13FMS PID14FY19 SUBJECT: Conduct Public Benefit Hearing for Public Improvement District 14 -Trinity Bluff, Approve Fiscal Year 2018-2019 Budget and Five-Year Service Plan in the Amount of$69,535.00, Approve Tax Year 2018 Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2018 Tax Year at a Rate of$0.10 Per Each $100.00 of Property Value, Adopt Ordinance (1) Increasing Estimated Receipts and Appropriations in the Fort Worth Public Improvement District 14 -Trinity Bluff Fund in the Amount of $67,535.00, from Available Funds, and (2) Increasing Appropriations in that Fund in the Amount of $2,000.00 and Reducing Fund Balance by the same Amount, and Authorize Execution of Agreement with Downtown Fort Worth, Inc., in the Amount of$11,125.00 to Manage the District (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public benefit hearing concerning the proposed special assessments on the property located in Public Improvement District 14 -Trinity Bluff for the 2018 tax year; 2. Approve the attached Fiscal Year 2018-2019 Budget and Five-Year Service Plan for Public Improvement District 14-Trinity Bluff in the amount of$69,535.00; 3. Approve the Tax Year 2018 Assessment Roll for Public Improvement District 14 - Trinity Bluff, on file with the City Secretary; 4. Adopt the attached ordinance levying special assessments on the property located in Public Improvement District 14-Trinity Bluff for the 2018 tax year at a rate of$0.10 per each $100 of property value; 5. Adopt the attached ordinance (1) increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 14—Trinity Bluff Fund ("Fund") in the amount of$67,535.00, from available funds, and (2) increasing appropriations in the Fund in the amount of$2,000.00 and reducing fund balance by the same amount; and 6. Authorize the execution of an Agreement with Downtown Fort Worth, Inc., in the amount of$11,125.00 to provide management of the improvements and services for Public Improvement District 14 - Trinity Bluff during Fiscal Year 2018-2019. DISCUSSION: On June 16, 2009, the City Council adopted Resolution No. 3748-06-2009 establishing Fort Worth Public Improvement District 14-Trinity Bluff(Trinity Bluff PID). Logname: 13FMS PID14FY19 Page I of 3 The purpose of this benefit hearing is to receive comments from the public regarding the 2018-2019 Fiscal Year Budget and Five-Year Service Plan for the Trinity Blufl'PID and the proposed assessments to be levied on each property in the Trinity Bluff PID for the 2018 tax year. Following the public hearing, it is recommended that the City Council take the following actions: (a) approve the attached Budget and Five- Year Service Plan; (b) approve the 2018 Assessment Roll; and (c) adopt the attached ordinances levying the proposed assessments and appropriating funds. The improvements and services to be provided in the Trinity Bluff PID and the costs thereof are as follows: Improvements Total Budgeted Costs Management Fee $ 11,125.00 Utilities $ 450.00 Landscaping $ 28,000.00 Litter Abatement $ 3,600.00 Ambassador Program $ 23,360.00 Marketing $ 1,000.00 City Administrative Fee$ 2,000.00 Total Expenses $ 69,535.00 The total budgeted costs of the improvements and services are in the amount of$69,535.00. Of this amount, $67,535.00 will be funded by assessments collected on privately owned parcels located in the District by applying a rate of$0.10 cents per each $100.00 of property value. The remainder of the costs in the amount of$2,000.00 will be funded by a transfer from the unaudited, unassigned fund balance. For Fiscal Year 2018 (tax year 2017) the City Council levied an assessment rate of$0.10 per each $100.00 of property value, and the rate will remain the same in Fiscal Year 2019. The Trinity Bluff PID experienced growth in net taxable value equal to 7.1%, or$4,457,505.00 and revenue growth year-over- year is $2,055.00 or 3.1%. On August 14, 2018, the City Council conducted a public hearing to receive comments on the proposed 2018-2019 Fiscal Year Budget, Five-Year Service Plan, and assessments for the Trinity Bluff PID (M&C BH 379). Notice of the August 14, 2018 benefit hearing and this hearing were published in the Fort Worth Star- Telegram am on July 21, 2018 and mailed to all record owners of property in the Trinity Bluff PID on July 20, 2018, in accordance with state law. Included within those notices was a draft of the Fiscal Year 2019 budget equaling $71,510.00. This amount was estimated based upon non-certified values received from the Tarrant Appraisal District. On July 23, 2018, the City received certified values for Trinity Bluff and, as such, has finalized the Fiscal Year 2019 budget in the amounts shown. The Trinity Bluff PID is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that, upon approval of the above recommendations and the adoption of the Fiscal Year 2018-2019 Budget by the City Council, funds will be available in the Fiscal Year 2019 operating budget, as appropriated, of the Fort Worth Public Improvement District 14 - Trinity Bluff Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccouO Project JProgram ctivilty Budget I Reference # moun ID ID Year Chartfield 2) Logname: 13FMS PID14FY19 Paize 2 of 3 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Angela Estrada (8511) ATTACHMENTS 1. 13FMS PID14FY19 AO (rey).docx (Public) 2. 13FMS PID14FY19 Assess Ord (rev).docx (Public) 3. PID 14 Form 1295-2.pdf (Public) 4. PID 14 5 Yr Final Service Plan FY19 UPDATED.pdf (Public) 5. PID-14 Trinity Bluff orthos.pdf (Public) 6. PID14 FID Table.xlsx (CFW Internal) 7. StarTelegram Notice (rev).pdf (Public) Logname: 13FMS PID14FY19 Page 3 of 3