HomeMy WebLinkAboutContract 51706 CITY SECRETARY
CONTRACT NO. 5 �O
BRIDGE AGREEMENT FOR MANAGEMENT AND IMPROVEMENT SERVICES
Fort Worth Public Improvement District No. 15(Sun Valley)
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 ORASI DEVELOPMENT,LLC.,a Texas limited liability
company,("Contractor")acting by and through Jack Thompson,its duly authorized Member.
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 August 21, 2012,
the City Council of the City of Fort Worth adopted Resolution No. 4120-08-2012 establishing Fort Worth
Public Improvement District No. 15 (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 ofthe 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.
(a) Contractor will provide or cause to be provided those improvements and services
("Improvements and Services") set forth and subject to the Budget and SmviM Ptmrfbr----i
the District, as approved by the City Council for City's 2018-2019 fisc ((*ftd0RO
CITY SECRETARY
Management and Improvement Services Agreement TX
with Orasi Development,LLFC for PID 15(Sun Valley) TI ®RTH i
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 hereby 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 Exhibit"B",which
is 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 49837, 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"does not
include any duties and responsibilities related to 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 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.
Management and Improvement Services Agreement
with Orasi Development,LLC for PID 15(Sun Valley) 2 of 7
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, 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 49837 as set forth herein.
3. INCORPORATION OF ADDITIONAL TERMS FROM CSC 49837.
3.1 The parties agree to comply with the following sections contained in CSC No. 49837,
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
(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 22—Compliance with Laws, Ordinances, Rules,and Regulations
(t) Section 23 —Governmental Powers
(u) Section 24—No Waiver
(v) Section 25 —Venue and Choice of Law
(w) Section 26—No Third Party Rights
(x) Section 27—Interpretation
(y) Section 28—Captions
(z) Section 30 -Counterparts
4. TERM.
4.1 This Agreement is effective beginning on October 1, 2018 (the "Effective Date") and,
unless terminated earlier in accordance with this Agreement,expires on December 31, 2018("Term").
5. BOYCOTT ISRAEL.
Management and Improvement Services Agreement
with Orasi Development,LLC for PID 15(Sim Valley) 3 of 7
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 that 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. NOTICES.
6.1 Any notices, bills, invoices, or reports required by this Agreement will be conclusively
determined to have been delivered three(3)business days after deposit in the United States mail,in a sealed
envelope with sufficient postage attached,to the addresses listed below or such other addresses as may from
time to time be provided to the other party:
City: Contractor:
City of Fort Worth Orasi Development, LLC
Attn: PID Administrator Attn: Jack Thompson,Member
Financial Management Service Dept. P.O. Box 12063
200 Texas Street Fort Worth, TX 76110
Fort Worth, Texas 76102-6311
Copy to:
City Attorney, at the same address
7. ENTIRETY OF AGREEMENT.
7.1 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.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Management and Improvement Services Agreement
with Orasi Development,LLC for PID 15(Sim Valley) 4 of 7
EXECUTED as of the last date indicated below:
CITY OF FORT WORTH: ORASI DEVEOPMENT,LLC
a Texas limited liahility Company:
4�4O�
By: By:
S lanis Jakk T&mpAn
Asslstant City Manager Member
Date: 1420-01% ORT Date: Z /7
ATTEST: ® ': ATTEST:
By: ' * By. X
Mary se t Na4e: -N y G-(r)0 Q,
City SecretajZf j Title:
APPROVAL RPCOMMENDED:
r"
By.
Kevin Gunn
Acting Director of Finance
APPROVED AS TO FORM AND GALITY:
By:
Assistant Oi y ttomey
M&C: BH-
I
Date: August 21. 2018 i
Form 1295:_ 2 0/ F ---I? )
Contract Compliance Manager:
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ens ng all performance and reporting requirements.
ame of Employee
Title
Exhibit"A" OFFICIAL RECORD
CITY SECRETARY
Management and Improvement Services Agreement F7. WORTH,TX
with Orasi Development,LLC for PID 15(Sun valley)
Budget and Service Plan
CRY of Fort Wolff,
"Year swim Plan
Publtc Lilpravemenf OWWkt#*.16.:POMWOM
FY19N9 FYIW20 PY16121 "I= FY2ZP23
REVENUES
PID Assessmer>ts $92,441 $103;321 $103,721 $104;332 $101,429
Budget Revenues 02,441 $103,321 614721 5104,331 $101,429
Use ofFund Balance $10,359
Total Revenues 6102,1100 S1O&M 510$;721 5704,832 $'101,439
EXPOMES
Management free 10;200 10,505 10,747 11,195 11;600
SecWtYE41oncemerts 73,000 73,0oo 73000 73,000 73,OOD
Equtpmerit Rental e,6M 8;500 8;500 9,500 $,500
TFwk Malrtanance 4,000 4;000 4,000 4,000 4;000
lnsurar= 500 550 900 650 700
Professional Services 31600 3;700 3;900 3,900 400
Websft 500 500 500 500 600
RiF ing 500 500 5W 500 600
Glty Adminietrattve Fee 2;000 2,066 2;074 2,087 2,029
Budget E%pamies 107000 103,821 108,721 104;831 101,429
CoriMmoon to FuW Selance
Total Expenses 6f0Y;300 3700.321 $108,721 6904,832 $107,420
rete of$.26 par$100 of assessed value
Management and Improvement Services Agreement
with Orasi Development,LLC for PID 15(Sun Valley) 6 of 7
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 law.
Management and Improvement Services Agreement
with Orasi Development,LLC for PID 15(Sun Valley) 7 of 7
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTlt3N.,App�raved on 812112#}18 C)rdrnance NQs. 23341-08=2018&23342-d8
.�S
DATE: Tuesday, August 21, 2018 REFERENCE NO.: BH-394
LOG NAME: 13FMS PID15FY19
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 15 -Sun Valley, Approve Fiscal Year 2018-
2019 Budget and Five-Year Service Plan in the Amount of$102,800.00, Approve Tax Year 2018
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2018 Tax Year at a Rate of$0.26
Per Each $100 of Property Value, Adopt Ordinance (1) Increasing Estimated Receipts and Appropriations
in the Fort Worth Public Improvement District 15 - Sun Valley Fund in the Amount of$92,441.00, from
Available Funds, and (2) Increasing Appropriations in that Fund in the Amount of$10,359.00 and Reducing
Fund Balance by the Same Amount, and Authorize Execution of an Agreement with Orasi Development,
LLC, in the Amount of$10,200.00 to Manage the District (COUNCIL DISTRICT 5)
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 15 - Sun Valley for the 2018 tax year;
2. Approve the attached Fiscal Year 2018-2019 Budget and Five-Year Service Plan for Public
Improvement District 15 - Sun Valley in the amount of$102,800.00;
3. Approve the Tax Year 2018 Assessment Roll for Public Improvement District 15 - Sun Valley, on file
with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in Public
Improvement District 15 - Sun Valley for the 2018 tax year at a rate of$0.26 per each $100.00 of property
value;
5. Adopt the attached ordinance (1) increasing estimated receipts and appropriations in the Fort Worth
Public Improvement District 15— Sun Valley Fund ("Fund") in the amount of$92,441.00, from available
funds, and (2) increasing appropriations in the Fund in the amount of$10,359.00 and reducing the fund
balance by the same amount; and
6. Authorize the execution of an Agreement with Orasi Development, LLC, in the amount of$10,200.00 to
provide management of the improvements and services for Public Improvement District 15 - Sun Valley
during Fiscal Year 2018-2019.
DISCUSSION:
On August 21, 2012, the City Council adopted Resolution No. 4120-08-2012 establishing Fort Worth
Public Improvement District 15 - Sun Valley (Sun Valley PID).
Logname: 13FMS PID15FY19 Page 1 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 Sun Valley PID and the proposed assessments to be
levied on each property in the Sun Valley 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 Sun Valley PID and the costs thereof are as
follows:
Improvements Total Budgeted Costs
Management Fee $ 10,200.00
Security Enhancements$ 73,000.00
Equipment Rental $ 8,500.00
Truck Maintenance $ 4,000.00
Insurance $ 500.00
Professional Services $ 3,600.00
Website $ 500.00
Printing $ 500.00
City Administration Fee $ 2,000.00
Total Expenses $ 102,800.00
The total budgeted costs of the improvements and services are in the amount of$102,800.00. Of this
amount, $92,441.00 will be funded by assessments collected on privately owned parcels located in the
Sun Valley PID by applying a rate of$0.26 per each $100.00 of property value. The remaining
$10,359.00 will be funded by a transfer from the unaudited, unassigned fund balance.
For Fiscal Year 2018 (tax year 2017) City Council levied an assessment rate of$0.27 per each $100.00 of
property value. The Sun Valley PID experienced growth in net taxable value equal to 20.6%, or
$6,075,965.00, allowing for the assessment rate to be reduced by $0.01. Thus, the recommended Fiscal
Year 2019 (tax year 2018) assessment rate is $0.26 per each $100.00 of property value. Even with the
lower assessment rate, revenue growth year over year is $3,003, or 3.4%.
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 2018 Assessments for the Sun Valley PID
(M&C BH 380). Notice of the August 14, 2018 benefit hearing and this hearing were published in the Fort
Worth Star-Telegram on July 21, 2018 and mailed to all record owners of property in the Sun Valley PID
on July 20, 2018, in accordance with state law. Included within those notices was a draft of the Fiscal Year
2019 budget equaling$102,861.00. 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 the Sun Valley
PID and, as such, has finalized the Fiscal Year 2019 budget in the amounts shown.
The Sun Valley PID is located in COUNCIL DISTRICT 5.
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 15 - Sun Valley Fund.
FUND IDENTIFIERS (FIDs):
TO
Logname: 13FMS PID15FY19 Page 2 of 3
Fund Department ccoun Project ctivity Budget Reference # �mounj
ID ID IProgram
I Year (Chartfield 2)
FROM
Fund Department ccoun Project Program 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. 1295 Placeholder.pdf (Public)
2. 13FMS PID15FY19 AO (rev).docx (Public)
3. 13FMS PID15FY19 Assess Ord (rev).docx (Public)
4. Five Year Service Plan FY19 PID15 AE.pdf (Public)
5. Form 1295 Certificate PID15.pdf (Public)
6. PID-15 Sun Valley orthos.pdf (Public)
7. PID15 FID Table.xlsx (CFW Internal)
8. StarTelegram Notice (rev).pdf (Public)
Logname: 13FMS PID15FY19 Page 3 of 3