HomeMy WebLinkAboutContract 36039 (2) CITY SECRETARY--.�j „ �
CONTRACT NO. (��
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 1 (Downtown)
This MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
("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 Karen L. Montgomery, its duly authorized Assistant City Manager and Chief
Financial Officer, 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 July 20,
2004, the City Council of the City of Fort Worth adopted Resolution No. 3105 creating Fort
Worth Public Improvement District No. 1 (the "District"); and
WHEREAS, the City is authorized to utilize the District to undertake improvements
and/or services that confer special benefits on the part of the City within the District; and
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/or
services, to pay the cost of such improvements and services; and
WHEREAS, the City desires to enter into a written agreement with Contractor for
provision of certain improvements and services in the District, as more specifically set forth in
this Agreement; and
WHEREAS, such improvements and services constitute a supplement to standard City
services and an added. increment of service to provide other special benefits and services which
will enhance the vitality and quality of the District; and
WHEREAS, Contractor wishes to assist the City by providing, furnishing, or performing
such improvements and services;
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:
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AGREEMENT
1. ENGAGEMENT OF CONTRACTOR.
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/or services
set forth in Section 2.
2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT.
2.1. Scone of Contractor's Duties.
Contractor shall provide or cause to be provided the following improvements and
services (the "Improvements and Services"), as set forth and subject to the Service Plan
and Budget for the District approved by the City Council for the fiscal year covered by
this Agreement (the "Service Plan and Budget") (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):
(a) Landscaping and maintenance;
(b) Supplementary security services;
(c) Transportation and parking;
(d) Marketing costs related to such Improvements and Services;
(e) Provide any related Improvements and Services as directed or approved in
advance and in writing by the Administrator;
(f) Oversee the bidding and awarding of any third party contracts for the
above-referenced Improvements and Services;
(g) Monitor work performed by any subcontractors for any of the above-
referenced Improvements and Services to ascertain that all such work is
performed completely, professionally, and with the appropriate level of
quality and to make whatever changes are necessary to achieve these
objectives;
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(h) Obtain, maintain and pay for insurance necessitated by the above-
referenced Improvements and Services, as may be directed or reviewed by
the City's Risk Manager;
(i) In accordance with Section 372.013 of the Texas Local Government Code,
]prepare a Service Plan and Budget for the first five (5) years following the
fiscal year covered by this Agreement, to be adopted by the advisory body
for the District or other entity designated by the City and approved by the
City Council; and
(j) Maintain a full and accurate accounting of disbursements for
reimbursement from District revenues.
2.2. Contractor Compensation.
As full compensation for the provision of all Improvements and Services during
the Term of this Agreement, the City shall pay Contractor the sum of$308,550.00, which
amount is reflected in the Service Plan and Budget as "Operations," which amount shall
be paid in prorated installments in accordance with Section 6 hereof. Such amount shall
be in addition to the actual costs of the Improvements and Services, which costs shall be
reimbursed pursuant to and in accordance with Section 6.
2.3. Standard of Care; Nature of Relationship.
Contractor shall commence, carry on, and provide the 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. Contractor shall ensure
that any work on the Improvements and Services is properly coordinated with related
work being performed by the City. Contractor represents that it has, or will secure at its
own expense, all materials, supplies, machinery, equipment, accessories, and services
necessary to provide the Improvements and Services. Unless otherwise specifically
provided herein, all of the Improvements and Services will be performed by the
Contractor or under the Contractor's supervision. All personnel engaged by the Contractor
shall be fully qualified to perform those Improvements and Services delegated to them.
3. CITY'S DUTIES AND RESPONSIBILITIES.
The City shall provide the following services in connection with operation of the District
and the Contractor's performance under this Agreement:
(a) Levying and collecting assessments and recording the same in a separate revenue
account:;
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(b) Making payments to Contractor from special assessment revenues and other
District revenues;
(c) Maintaining the same level of services in the District as that which the City
provides in comparable areas of the City;
(d) Maintaining complete and detailed records concerning any expenditure of special
assessment revenues and other District revenues, which are made through City
departments, boards, or agencies;
(e) Retaining and expending revenues from special assessments, penalties, interest,
and investment income thereon solely in the District;
(f) Preparing an annual report of delinquent property assessments and liens thereon to
be assigned to the City's delinquent tax collection attorney;
(g) Making regular reports to Contractor concerning delinquent assessments and
making billings thereon as necessary; and
(h) Producing an annual assessment roll of property owners and property within the
District,
The City shall have no financial obligation to the District other than levying and
collecting the assessments levied by the District, except as provided in Section 3(c) above, and,
pursuant to and in accordance with this Agreement, paying for Improvements and Services that
Contractor performs in the District.
4. AMENDMENTS.
This Agreement may not be amended unless executed in writing by both parties.
5. TERM.
This Agreement shall commence October 1, 2007 (the "Effective Date") and, unless
terminated earlier in accordance with this Agreement, expire September 30, 2008 (the "Term").
6. RELEASE OF FUNDS TO CONTRACTOR.
6.1. Procedure.
Periodically, but not more frequently than once per month, Contractor shall
present to the individual or individuals designated by the City to oversee and administer
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the District (the "Administrator") a report of the Improvements and Services provided
by Contractor since (i) for the first report under this Agreement, the Effective Date and
(ii) for all subsequent reports, the date of the previous report. All such reports must
include documentation sufficient demonstrating to the Administrator that any sums paid
or incurred by Contractor have been paid or are due. Provided that all such necessary
reports and supporting documentation have been provided to the Administrator, the City
shall pay the Contractor for all lawful expenses made or incurred by Contractor within
fifteen (15) business days of receipt of all such reports and supporting documentation.
Notwithstanding anything to the contrary herein, the City shall not be required to pay
Contractor any amount that exceeds the then-current balance of District revenues or that
is not in accordance with the Service Plan and Budget for the then-current fiscal year.
6.2. Work Reports.
Contractor shall also submit a periodic work report, no less than quarterly, to the
Administrator. This work report shall detail all of the Contractor's significant work
activities in the District. The format of the report shall be mutually agreed upon by the
Contractor and. the Administrator. Notwithstanding anything to the contrary herein,
payments to Contractor may be withheld if any such report is not received. The
Administrator shall have the right to verify that the report is complete and accurate.
6.3. Insufficient District Funds.
In the event that District revenues are not available or are insufficient for the City
to make any payment to Contractor hereunder, the City will promptly notify Contractor.
At Contractor's request, the City and the Contractor shall meet and attempt to negotiate
an amendment to this Agreement so that the scope of Improvements and Services may be
reduced to correspond to the amount of District funds that are available or are anticipated
to become available. If such an amendment cannot be successfully negotiated, Contractor
shall have the right to pay the deficit (on a non-reimbursable basis), in which case this
Agreement shall continue in effect. If such an amendment cannot be successfully
negotiated and Contractor does not elect to fund the deficit, either party may terminate
this Agreement upon thirty (30) days' advance written notice to the other party.
7. DISCRIMINATION PROHIBITED.
Contractor, in the execution, performance, or attempted performance of this Agreement,
will not discriminate against any person or persons because of sex, race, religion, color, national
origin, sexual orientation or familial status, nor will the Contractor permit its officers, agents,
employees or subcontractors to engage in such discrimination. This Agreement is made and
entered into with reference specifically to the ordinances codified at Chapter 17, Article III,
Division 3 (Employment Practices) of the Code of the City of Fort Worth, and Contractor hereby
covenants and agrees that Contractor, its officers, agents, employees and subcontractors, have
fully complied with all provisions of same and that no employee or applicant for employment has
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been discriminated against under the terms of such ordinances by either Contractor, its officers,
agents, employees or subcontractors.
8. DISADVANTAGED BUSINESS ENTERPRISE POLICY.
The City has adopted goals for the participation of minority/women business enterprises
(M/WBE) in City contracts through Ordinance No. 11923, as amended. Compliance by
Contractor with the terms of this ordinance and any amendments thereof is mandatory; failure by
the Contractor to comply with such policies shall constitute a breach of this Agreement and
grounds for termination of this Agreement by the City. Any subcontracts to be performed
hereunder shall also be subject to provisions of the City policies concerning goals for M/WBE
participation in City contracts.
9. CONTRACTOR LIABILITY.
Contractor hereby assumes full liability for any damages to any public or private property
due to the negligence of Contractor, its subcontractors, agents, permitees or assigns.
10. LIABILITY OF CITY; PERSONAL LIABILITY OF PUBLIC OFFICIALS.
No employee of the City, nor any other agent of the City, shall be personally liable for
any damages caused by Contractor, its officers, agents, servants, employees, contractors and
subcontractors or any other liabilities of Contractor under this Agreement or otherwise related to
this Agreement. It is further expressly agreed that the City shall not be liable or responsible for
any damages caused by Contractor, its officers, agents, servants, employees, contractors and
subcontractors or any other liabilities of Contractor under this Agreement or otherwise related to
this Agreement, nor shall the City be liable or responsible to Contractor or any other person for
or on account of any stoppage or delay in the work herein provided for by injunction or other
legal or equitable proceedings, or from or by or on account of any delay for any cause over which
the City has no control.
11. INDEMNIFICATION.
CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR CLAIMS FOR
DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR
PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ANY NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE
PART OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES
OR SUBCONTRACTORS, AND THE CONTRACTOR DOES HEREBY ASSUME ALL
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LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE
DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE
PERFORMANCE OF THIS CONTRACT AS A RESULT OF ANY NEGLIGENT ACT OR
NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS. SUCH
INDEMNIFICATION SHALL INCLUDE WORKERS' COMPENSATION CLAIMS OF OR
BY ANYONE WHOMSOEVER IN ANY WAY RESULTING FROM OR ARISING OUT OF
CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION
HEREWITH, INCLUDING OPERATIONS OF SUBCONTRACTORS.
CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH ANY AND ALL NEGLIGENT ACTS OR NEGLIGENT
OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES.
Insurance coverage specified herein constitutes the minimum requirements and such
requirements shall in no way lessen or limit the liability of Contractor under the terms of this
Agreement.
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall perform all work and services
described herein as an independent contractor and not as an officer, agent, servant or employee of
the City; that Contractor shall have exclusive control of the details of the services and work
performed hereunder, and all persons performing the same; and shall be solely responsible for the
negligent acts and negligent omissions of its officers, agents, employees, contractors and
subcontractors; that the doctrine of respondeat superior shall not apply as between City and
Contractor, its officers, agents, employees, contractors and subcontractors; and that nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Contractor. No person performing any of the work and services described hereunder shall be
considered an officer, agent, servant or employee of the City.
13. INSURANCE.
Contractor shall not commence work under this Agreement until it has obtained and
received approval from the City of all insurance coverage required hereunder. Contractor shall
be responsible for delivering to the Administrator a certificate or certificates of insurance
demonstrating that Contractor has obtained the coverage required under this Agreement, that all
insurance policies provided pursuant to this Agreement are endorsed to name the City as an
additional insured, and that all such insurance policies cover not only Contractor, but also
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Contractor's contractors and subcontractors. The minimum insurance required of Contractor is
as follows:
WORKER'S COMPENSATION INSURANCE: Contractor shall maintain throughout
the Term of this Agreement statutory Worker's Compensation Insurance on all of its
employees to be engaged in undertaking any Improvements or Services hereunder. In
case any class of employees engaged in hazardous work under this Agreement is not
protected under the state's Worker's Compensation statutes, Contractor shall provide
adequate employer's general liability insurance for the protection of such employees not
so protected.
COMPREHENSIVE GENERAL LIABILITY INSURANCE: Contractor shall maintain
throughout the Term of this Agreement a commercial general liability insurance policy in
an amount of not less than $1,000,000 covering each occurrence with an aggregate limit
of not less than $2,000,000.
AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE:
Contractor shall maintain throughout the Term of this Agreement comprehensive
automobile liability coverage in an amount not less than $1,000,000 for each accident.
This policy shall cover any automobile used in the provision of Improvements and
Services under this Agreement.
The insurance company with whom Contractor's insurance is written shall be represented
by an agent or agents having an office located within the Dallas-Fort Worth metropolitan area.
Each such agent shall be duly qualified, upon whom service of process may be had, and must
have authority and power to act on behalf of the insurance company to negotiate and settle with
the City, or any other claimant, any claims that the City, or any other claimant, or any property
owner who has been damaged may have against the Contractor or insurance company. The name
of the agent or agents shall be set forth on all certificates of insurance. All policies must provide
that they may not be changed or canceled by the insurer in less than five (5) days after the City
had received written notice of such change or cancellation. Such insurance amounts may be
revised upward at City's request, and Contractor shall revise such amounts within thirty(30) days
after receipt of such request.
14. TAXES.
Contractor shall pay all federal, state and local taxes that may be chargeable on any
Improvements and Services provided hereunder or otherwise in relation to Contractor's duties
and obligations hereunder.
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15. PERMITS.
Contractor shall and shall cause any of its contractors and subcontractors to obtain and
pay for any necessary permits and licenses, whether issued by the state, county or City, before
proceeding with any work hereunder that requires any such permits.
16. CHARACTER OF WORK AND OPERATIONS.
Contractor and Contractor's employees, contractors and subcontractors shall be competent
and careful workmen skilled in their respective trades. Contractor shall not employ any person
who repeatedly engages in misconduct or is incompetent or negligent in the due and proper
performance of his duties or has been convicted of any crime of moral turpitude. The City shall
retain the right to require the Contractor to remove any employee who is guilty of misconduct
toward the public or is in any way discourteous to the public. This work is being performed for
the public benefit and it is necessary that it be performed in an acceptable manner and at a
satisfactory rate of progress. Contractor shall at all times maintain its equipment in a clean,
serviceable condition. All equipment shall be properly licensed and inspected and clearly
marked with the Contractor's name and telephone number.
17. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall have the right to subcontract for the provision of any Improvements and
Services authorized hereunder so long as the subcontract is in writing and the Administrator
approves such subcontract in writing prior to provision of the subcontracted Improvements and
Services. The existence of a subcontract shall not relieve Contractor of any responsibility or
liability to the City under this Agreement. Otherwise, Contractor may not assign, transfer or
convey any of its duties and responsibilities under this Agreement to another party without the
advance written approval of the City and execution by such party of a written agreement with the
City under which such party agrees to be bound by the duties and obligations of Contractor under
this Agreement.
18. DEFAULT.
All terms, conditions and provisions of this Agreement shall be considered material, and
Contractor's failure to perform any part of this Agreement shall constitute an event of default
hereunder. Should the Contractor fail to fully cure any default hereunder within fourteen (14)
calendar days after receipt from the City of written notice of the default (or, provided that
Contractor has diligently commenced and continuously attempted cure within such time, such
additional time as may be reasonably necessary to fully cure the default), the City may, at its
option and in addition to any other remedies available to it under law or in equity, terminate this
Agreement by providing written notice to Contractor. Notwithstanding the foregoing, City may
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terminate this Agreement for any reason upon thirty (30) calendar days' prior written notice to
Contractor. In the event of any termination, any work in progress will continue to completion
unless specified otherwise in the City's termination notice. The City shall pay for any such work
in progress that is completed by Contractor and accepted by the City.
19. COOPERATION WITH CITY.
Contractor shall, at such time and in such form as City may require, furnish periodic
information concerning the status of the project and such other statements, certificates and
approvals relative to the project as may be requested by the City. Contractor shall meet with the
Administrator or other City officials as may be requested to discuss any aspect of this
Agreement.
20. BOOKS AND RECORDS; AUDITING RIGHTS.
Contractor shall maintain complete and accurate records with respect to all expenditures
and costs incurred for all Improvements and Services provided hereunder. All such records shall
be maintained on a generally accepted accounting basis and shall be clearly identified and readily
accessible to the City. Contractor shall provide representatives of City or its appointees free
access to such books and records, at all proper times, in order that they may examine and audit
the same and make copies thereof. Contractor shall further allow the City and its representatives
to make inspections of all work data, documents, proceedings and activities related to this
Agreement. Such right of access and audit shall continue for a period of three (3) years from the
date of final payment under this Agreement. The City shall also have the right to conduct a
performance audit and evaluation of Contractor at such times as the City deems necessary.
Contractor shall fully cooperate with any such performance audit. The City may employ
consultants at the City's expense to assist City in such performance audit. Contractor agrees to
give the City and its consultants access to all reports, data, schedules and other relevant
information which may be required to conduct such performance audit.
21. NOTICES.
Any notices, bills, invoices or reports required by this Agreement shall 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:
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City: Contractor:
City of Fort Worth Downtown Fort Worth, Inc.
Attn: PID Administrator Attn: Andy Taft, President
Finance Department 777 Taylor St., Suite 100
1000 Throckmorton Street Fort Worth, TX 76102
Fort Worth, Texas 76 1 02-63 1 1
22. COMPLIANC'E WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
This Agreement will be subject to all applicable federal, state and local laws, ordinances,
rules and regulations, including, but not limited to, all provisions of the City's Charter and
ordinances, as amended.
23. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of it governmental powers or immunities.
24. NO WAIVER.
The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's
right to insist upon appropriate performance or to assert any such right on any future occasion.
25. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas—Fort Worth
Division. This Agreement shall be construed in accordance with the laws of the State of Texas.
26. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the City and
Contractor and are not intended to create any rights, contractual or otherwise, to any other person
or entity.
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27. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly
for or against any party, regardless of the actual drafter of this Agreement.
28. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
29. ENTIRETY OF AGREEMENT.
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.
30. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original,but all of which shall constitute one instrument.
EXECUTED as of the last date indicated below:
CITY OF FORT WORTH: DOWNTOWN FORT WORTH, INC.,
a Texas nonprofit corporation:
By: By:
Karen L. Montgomery Andy Taft
Assistant City Manager/CFO President
Date: l a �/ Date:
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ATTEST: ATTEST:
By: fv-\
By:
Marty Hendrix Name:
City Secretary Title:
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: G-15837 8-21-07
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I
EXHIBITS
"A"—Service Plan and Budget for the District
Management and Improvement Services Agreement
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City of Fort Worth
FIVE YEAR SERVICE PLAN
Public Improvement District No. 1 - Downtown
FY07/08 FY08/09 FY09/10 FY10/11 FY11/12
REVENUES
Private Assessment Revenues 1,735,000 1,773,105 2,228,000 2,318,000 2,388,000
CFW Assessment Revenues 193,750 200,700 215,000 224,400 228,800
City Payment in-lieu of Services 130,165 132,765 180,000 183,600 187,270
PID Generated Revenue 155,565 156,000 158,555 158,000 161,160
Interest 25,000 26,000 30,000 33,000 35,000
Prior Year's Assessment 70,360 100,000 60,000 60,000 60,000
Total Revenues 2,309,840 2,388,570 2,871,555 2,977,000 3,060,230
EXPENSES
Operations 308,550 324,200 337,530 349,387 359,090
Maintenance& Landscaping 1,126,820 1,171,618 1,599,015 1,669,342 1,716,224
Security Enhancement 85,000 85,713 104,399 98,084 104,383
Marketing 427,170 434,909 440,969 458,643 467,435
Transportation & Planning 327,600 336,670 345,082 355,184 365,338
City Administration 34,700 35,460 44,560 46,360 47,760
Total Expenses 2,309,840 2,388,570 2,871,555 2,977,000 3,060,230
BALANCE $0 $0 $0 $0 $0
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/21/2007 - Ord. No. 17720-08-2007 & 17721-08-2007
DATE: Tuesday, August 21, 2007
LOG NAME: 13PID01 PUBHEAR REFERENCE NO.: G-15837
SUBJECT:
Approve Fiscal Year 2007-08 Budget and Five-Year Service Plan for Fort Worth Public
Improvement District No. 1 (DOWNTOWN); Authorize Transfer of City's Payment In-Lieu of Service;
Authorize Transfer of City Payment In-lieu of Assessments; Adopt Proposed 2007 Assessment Roll;
Set Benefit Hearing; Authorize Transfer for Administrative Fees and Authorize Execution of a
Contract with Downtown Fort Worth, Inc., to Provide Management Services for the District; and
Adopt Related Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the budget and five-year service plan for Fort Worth Public
Improvement District No. 1 (Downtown) (PID 1) for fiscal year 2007-08;
2. Approve the attached budget and five-year service plan for FY2007-08 as recommended by the Advisory
Board of PID 1 and approve adding to the FY2007-08 budget, as contingency, any unencumbered
revenues from PID 1 assessments from prior years;
3. Authorize the transfer of $130,165 for City's payment in-lieu of services, from the General Fund to the
Special Assessment District Fund (PID 1, FY2007-08 Project account);
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$130,165 in the Special Assessment District Fund from available funds;
5. Authorize the transfer of $193,750 for the City's payment in-lieu of assessments from the General Fund
to the Special Assessment District Fund (PID 1 Project account for FY2007-08);
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$193,750 in the Special Assessment District Fund (PID 1 Project account from available funds);
7. Adopt the proposed 2007 assessment roll for PID 1;
8. Set a public Benefit Hearing for Tuesday, September 11, 2007, at 7:00 p.m. in the City Council Chamber;
9. Authorize the transfer of $34,700 for administrative fees from the Special Assessment District Fund (PID
1, FY2007-08 Project account to the General Fund); and
10. Authorize the City Manager to execute a contract with Downtown Fort Worth, Inc., to provide
management and improvement services for PID 1 during FY2007-08 for the sum of$2,309,840.
DISCUSSION:
Logname: 13PID01PUBHEAR Page 1 of 3
On July 20, 2004, (M&C G-14435) the City Council adopted Resolution No. 3105 re-establishing Fort Worth
Public Improvement District No.1 (PID 1).
State law requires an annual report on the proposed budget and five-year service plan, which is attached to
this Mayor and Council Communication.
The general nature of the improvements and/or services to be provided by the PID shall include:
• An Improvement District Maintenance and Landscaping Program consisting of supplemental street
sweeping, sidewalk cleaning, bus shelter cleaning, planting and landscape maintenance, streetscape
improvements and trash receptacle pickup;
• An Improvement District Promotions Program consisting of recreational and cultural enhancements and
activities, a promotional program and the staging or monitoring of special recreational and cultural events;
• An Improvement District Marketing and Communications Program consisting of website development,
Downtown Co-Op marketing program, marketing research surveys, and marketing campaign to promote the
use of properties in the PID;
• An Improvement District Security Program consisting of a public relations crime prevention campaign,
private security force coordination campaign, parking garage and a parking lot security program;
• An Improvement District Transportation and Parking Program consisting of a campaign to promote Fort
Worth Transit Authority bus service and ridesharing, the development of a plan concerning better utilization
-of short-term parking facilities, and the improvement of traffic signs; and
• An Improvement District Management Program to provide for the administration and operation of the PID
activities and programs.
Three line items listed on the five-year service plan, which requires transfer of City funds are City Payment
In-lieu of Services, City Payment In-lieu of Assessments and City Administration Fee.
1. City Payment In-lieu of Services is a supplement to the PID budget funding the level of improvements or
services that would be provided by the City of Fort Worth to the taxpayers in the PID;
2. City Payment In-lieu of Assessments is an allocation to the PID budget for assessments the City would
pay on City-owned properties in the PID if the City were not considered absolute, exempt tax payer; and
3. On July 27, 2004, (M&C G-14443) the City Council adopted guidelines for setting an Administrative Fee
Structure. The City shall assess an annual administration fee for all districts equal to two percent of the
district's annual assessments, or$2,000, whichever is greater.
PID 1 is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies; that upon approval and completion of the above recommendations, funds will
be available in the FY2007-2008 operating budget, as appropriated, of the Special Assessment District
Fund.
TO Fund/Account/Centers, FROM Fund/Account/Centers,
GS87 472001 002501002000 $193,750.00 GG01 538070 0905800 $193,750.00
GS87 472001 002501002000 $130,165.00 GG01 538070 0905800 $130,165.00
GS87 539120 002501002000 $130,165.00 GS87 539120 002501002000 $2,309,840.00
Logname: 13PID01PUBHEAR Page 2 of 3
GG01 481306 134010 $34,700.00 GS87 539120 002501002000 $34,700.00
GS87 539120 002501002000 $193,750.00
Submitted for Citv Mana a 's Office b : Karen Montgomery (6222)
Ori i nating Department He d: Lena H. Ellis (8517)
Additional Information Con ct: Becky Wood (8550)
I
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