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HomeMy WebLinkAboutContract 51798 -74�� x@ .F::. 5i 7a S BRIDGE AGREEMENT FOR MANAGEMENT AND IMPROVEMENT SERVICES Fort Worth Public Improvement District No.6(Park Glen) 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 FIRSTSERVICE RESIDENTIAL TEXAS, INC., a Texas for profit corporation,("Contractor")acting by and through Cindy C. Huey, 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 September 22, 1998, the City Council of the City of Fort Worth adopted Resolution No. 2453 establishing Fort Worth Public Improvement District No.6(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. FNUAL RECORD `� ent and Improvement Services Agreement C07Y SECRETARY 'tService Residential Texas,Inc.for PID 6(Park Glen) 1 of 7 c����s FT WORTH, Tk (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 Council 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 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 49785, 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. Management and Improvement Services Agreement with FirstService Residential Texas,Inc.for PID 6(Park Glen) 2 o1`7 (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, 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 49785 as set forth herein. 3. INCORPORATION OF ADDITIONAL TERMS FROM CSC 49785. 3.1 The parties agree to comply with the following sections contained in CSC No. 49785, 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 21 —Notices (t) Section 22—Compliance with Laws, Ordinances, Rules, and Regulations (u) Section 23 —Governmental Powers (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 Management and Improvement Services Agreement with FirstService Residential Texas,Inc.for PID 6(Park Glen) 3 of7 (aa)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. 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. 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: FIRSTSERVICE RESIDENTIAL TEXAS, INC.,a Texas for profit co or tion: By: By: 0j%*— Susa lams Cindy C. HLU Assistant City"Manager President Date: ( J c Date: January 3, 2019 ATTEST: { .. �... �,�� TTEST: ZX By: /// J. Kayser Name: ity Secretary :4 Title:7EX p,5 APPROVAL RECOMMENDED: By: evin G Acting Direct6r of Finance EFT. CIAL RECORD Management and Improvement Services Agreement ��tS/ECRETARY with FirstService Residential Texas,Inc.for PID 6(Park Glen) vY Ohjh''�X APPROVED AS TO FORM AND LEGALITY: By: Tyler F. Wa ach Assistant ttorney M&C: BH-388 Date: August 21,2018 Form 1295: EO Lt 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. Name of Employee Title EFT. AL RECORD ECRETARY Management and Improvement Services Agreement �p X with FirstService Residential Texas,Inc.for PID 6(Park Glen) df RT H,Tei Exhibit"A" Budget and Service Plan qty of Fort Worth Five Year Service Plan Public Improvement District No.6-Fort Worth FYI all FY!9120 FY20/21 FY21122 FY22123 REVENUES PID Assessments $1,575,043 $1,542,810 $1,542.810 $1,542,810 $1,542,810 COFW Payment in lieu of Services 199,556 199,556 199.556 199,556 199,556 Budget Revenues $1,774,599 $1,742,366 $1,742,366 $1,742,366 $1,742,366 Use of Fund Balance 137,058 - - - - Total Revenues $1,911,657 $1,742,366 $1,742,366 $1,742,366 $1,742,366 EXPENSES Management Fee 127,924 127,924 127,924 127,924 127,924 Utilities 193,000 193,000 193,000 193,000 193,000 Landscaping 756,172 695,700 695,700 695,700 695,700 Common Area Maintenance 255,160 200,000 200,000 200,000 200,000 Holiday Decoration 19,000 20,000 20.000 20,000 20,000 Security Enhancements 161,000 161,000 161,000 161,000 161,000 Communications 6,909 6,909 6,909 6,909 6,909 Public Events 32,200 32,200 32,200 32,200 32.200 Capital Improvements 295,700 241,041 241,041 241,041 241,041 Insurance 24,000 24,000 24,000 24,000 24,000 Annual Review 5,100 5.100 5,100 5,100 5.100 City Administrative Fee 35,492 35.492 35,492 35,492 35.492 Budget Expenses 1,911,657 1,742,366 1,742,366 1,742,366 1,742,366 Contribution to Fund Balance - - - - - Total Expenses $1,911,657 $1,742,366 $1,742,366 $1,742,366 $1,742,366 $.165 Residential $.035 Commercial Management and Improvement Services Agreement with FirstService Residential Texas,Inc.for PID 6(Park Glen) 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 FirstService Residential Texas,Inc.for PID 6(Park Glen) 7 of 7 City of Fort Worth, Texas Mayor and Council Communication COUNCtCACTIQN» Approved on 8/Z'{i2©18 :=tJcdRnance Nos, 23330-08 2018&2333149 2Q'f 8 DATE: Tuesday, August 21, 2018 REFERENCE NO.: BH-388 LOG NAME: 13FMS PID06FY19 SUBJECT: Conduct Public Benefit Hearing for Public Improvement District 6 - Park Glen, Approve Fiscal Year 2018- 2019 Budget and Five-Year Service Plan in the Amount of$1,911,657.00, Approve Tax Year 2018 Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2018 Tax Year at a Rate of $0.165 Per Each $100.00 of Residential Property Value and $0.035 Per Each $100.00 of Commercial Property Value, Adopt Ordinance (1) Increasing Estimated Receipts and Appropriations in the Fort Worth Public Improvement District 6 - Park Glen Fund in the Amount of$1,774,599.00, from Available Funds, and (2) Increasing Appropriations in that Fund in the Amount of$137,058.00 and Reducing Fund Balance by the same Amount, and Authorize Execution of Agreement with FirstService Residential Texas, Inc. in the Amount of$127,924.00 to Manage the District (COUNCIL DISTRICT 4) 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 6 - Park Glen for the 2018 tax year; 2. Approve the attached Fiscal Year 2018-2019 Budget and Five-Year Service Plan for Public Improvement District 6 - Park Glen in the amount of$1,911,657.00; 3. Approve the Tax Year 2018 Assessment Roll for Public Improvement District 6 - Park Glen, on file with the City Secretary; 4. Adopt the attached ordinance levying special assessments on the property located in Public Improvement District 6 - Park Glen for the 2018 tax year at the rates of$0.165 per each $100.00 of residential property value and $0.035 per each $100.00 of commercial property value; 5. Adopt the attached ordinance (1) increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 6— Park Glen Fund ("Fund") in the amount of$1,774,599.00, from available funds, and (2) increasing appropriations in the Fund in the amount of$137,058.00 and reducing fund balance by the same amount; and 6. Authorize the execution of an Agreement with FirstService Residential Texas, Inc., in the amount of $127,924.00 to provide management of the improvements and services for Public Improvement District 6 - Park Glen during Fiscal Year 2018-2019. DISCUSSION: On September 29, 1998, the City Council adopted Resolution No. 2453 establishing Public Improvement Logname: 13FMS PID06FY19 Page 1 of 3 District 6 - Park Glen (Park Glen PID). 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 Park Glen PID and the proposed assessments to be levied on each property in the Park Glen 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 Tax Roll that is on file with the City Secretary, and (c) adopt the attached ordinances levying the special assessments and appropriating funds. The improvements and services to be provided in the Park Glen PID during the 2018-2019 Fiscal Year and the costs thereof are as follows: Improvements !Total udgeted Costs (Management Fee $ 127,924.00, Utilities $ 193,000.001 Landscape Maintenance [ $ 756,172.001 1Common Area Maintenance ��e 255,160.001 Holiday Decorations $ 19,000.001 [Security Enhancements—I'- $ -- 161,000.001 Communications/Newsletters $� _ 6,909.001 Public Events ^$ 32,200.00 Capital Improvements -- $ 295,700.00 ;Insurance $ 24,000.00 ?�4nnual Review $ 5,100.00 City Administration Fee $ 35,492.001 [Total Expenses $ 1,911,657.001 The total budgeted costs of the improvements and services are in the amount of$1,911,657.00. Of this amount, $1,575,043.00 will be funded by assessments collected on privately owned parcels located in the Park Glen PID by applying a rate of$0.165 cents to each $100.00 of property value for residential property and $0.035 cents to each $100.00 of property value for commercial property. The remainder of the costs in the amount of$336,614.00 will be funded by other revenue sources including: (a) $199,556.00 in direct payments from the City for Payment-in-Lieu of Services and (b) $137,058.00 transferred from the unaudited, unassigned fund balance. For Fiscal Year 2018 (tax year 2017) the City Council levied an assessment rate of$0.175 cents for each $100.00 of property value for residential property and $0.035 cents for each $100.00 of property value for commercial property. The Park Glen PID experienced growth in net taxable value equal to 9.9%, or $88,702,233.00 allowing the residential assessment rate to be reduced by $0.01. Thus, the recommended Fiscal Year 2019 (tax year 2018) assessment rate is $0.165 for resAential and $0.035 for commercial per each $100.00 of property value. Even with the lower assessment rate, revenue growth year-over-year is $30,933.00 or 2.0%. On August 14, 2018, the City Council conducted a public hearing tc receive comments on the proposed 2018-2019 Fiscal Year Budget, Five-Year Service Plan, and 2018 Assessments for the Park Glen PID (M&C BH 383). 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 Park Glen PID on July 20, 2018, in accordance with state law. Included within those notices was a draft of the Fiscal Year 2019 budget of$1,906,917.00. 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 PID 6 and as Logname: 13FMS PID06FY19 Page 2 of 3 such, has finalized the Fiscal Year 2018-2019 budget in the amounts shown. The Park Glen PID is located in COUNCIL DISTRICT 4. 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 6 - Park Glen Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfeld 2 FROM FunDepartment 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. 13FMS PID6FY19 AO (rev).docx (Public) 2. 13FMS PID6FY19 Assessment Ordinance (rev).docx (Public) 3. Form 1295 CertificatePID6.pdf (Public) 4. PID 6 Five Year Service Plan AE.pdf (Public) 5. PID-6 Park Glen orthos.pdf (Public) 6. PID6 FID Table Updated.xlsx (CFW Internal) Logname: 13FMS PID06FY19 Page 3 of 3