HomeMy WebLinkAboutContract 52908 CITY SECRETARY
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"rwp9 MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 19(Historic Camp Bowie)
�. /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 its duly
authorized Assistant City Manager,and CAMP BOWIE DISTRICT,INC.,a Texas nonprofit corporation,
("Contractor")acting by and through Wade Chappell, 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 August 14, 2018,
the City Council of the City of Fort Worth adopted Resolution No. 4966-08-2018 establishing Fort Worth
Public Improvement District No. 19(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, such improvements and services constitute a supplement to standard City services
and an added increment of service to provide other special benefits and services that will enhance the vitality
and quality of the District;
WHEREAS, Contractor wishes to assist the City by providing, furnishing, or performing such
improvements and services; 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
Section 2 of this Agreement for the City's 2019-2020 fiscal year(October 1, 2019— September 30, 2020)
("Fiscal Year").
2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT.
2.1. Scow of Contractor's Duties. 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 this Fiscal Year("Budget and Service
Plan") (which is attached hereto as Exhibit"A" and hereby made a part of th'
purposes), as may subsequently be amended, and the ordinance adopted by Utv—
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Management and Improvement Services Agreement CITY SECRETARY
with Camp Bowie District,Inc.for PID 19(Historic Camp Bowie) FT WORTH,"M
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). Contractor
will also comply with the related duties and responsibilities:
(a) Oversee the bidding and awarding of any third-party contracts for the 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.
(b) Monitor work performed by any subcontractors for any of the 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.
(c) Obtain,maintain,and pay for insurance necessitated by the Improvements and Services,as
may be directed or reviewed by the City's Risk Manager.
(d) In accordance with Section 372.013 of the Texas Local Government Code and the PID
Policy, prepare a Budget and Service Plan 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, with any proposed
Budget and Service Plan to include, at the very least,the following:
i. Detailed, line item budget of the Management Fee(as defined hereinafter);
ii. Summary of Improvements and Services provided in the prior year and highlights of
accomplishments;
iii. Plans for Improvements and Services over the next five years with highlights of major
investments and expenditures;
iv. If the plan calls for major investments and expenditures to include capital
improvements as defined by the City's Capital Asset Policy, a project plan associated
with the acquisition, design, and construction, of the project is also required.
v. Projections of assessment rates; and
vi. If rates for property types(i.e., commercial versus residential)are different within the
District, the Contractor must compute the benefit/expense ratio ensuring the amount
paid by types of property is relative to the benefit received.
(e) Maintain a full and accurate accounting of disbursements for reimbursement from District
revenues and all other financial reporting requirements set forth in the PID Policy,
including, but not limited to, maintaining and providing original receipts for services
performed under the Budget and Service Plan.
(f) Comply with all other duties and responsibilities set forth in the PID Policy.
(g) Coordinate with the Administrator (as hereinafter defined) to receive advance written
approval by the Director of the City's Park and Recreation Department or his/her designee
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prior to any authorized construction or maintenance of capital improvements in any
dedicated City park.
(h) Publish a newsletter(once per quarter in a month that does not contain a quarterly meeting
set out below) for property owners within the District, informing them of news that is
pertinent to the District, including, without limitation, upcoming meetings and events,
project updates, future projects, and the like.
(i) Conduct quarterly meetings for the property owners within the District,which will include,
at a minimum: a published agenda; updates on activities occurring within the District;
overview of upcoming events and activities within District; financial updates(i.e., budget
and year-to-date revenues and expenditures); and educational topics that benefit people
within the District.
(j) Create and maintain a dedicated District website that includes specific information about
the District, including without limitation,the following:
i. Resolutions passed by the City of Fort Worth Mayor and City Council establishing the
District;
ii. Map of the District;
iii. Contact information for the Contractor and the Administrator, including e-mail
addresses and phone numbers;
iv. Updates on major activities and events occurring within the District;
v. District meeting schedule for the fiscal year, including times and locations;
vi. Current budget of the District;
vii Current Five-Year Service and Assessment Plan;and
viii.Current year's assessment ordinance.
(k) Ensure that a live person is available to answer phone calls from property owners,residents,
and occupants of the District and emails regarding services, activities,and general District
questions between normal or posted business hours(Monday through Friday from 8:00 am
to 5:00 pm). The Contractor must return any phone calls and messages within 48 hours.
(1) To the extent that the City provided the Contractor with a monetary advance of District
assessments at any time, the Contractor agrees to work diligently with the Administrator
to determine the amount of any such advance. If the Administrator determines that the
Contractor received an advance that has not been repaid to the City,then Contractor must
pay all sums due to the City on or before September 30, 2020, unless otherwise agreed by
the Administrator in writing.
(m)If Contactor receives any non-assessment revenue generated from the District, including,
but not limited to, event sponsorships, banner programs, and advertisements, then the
Contractor is responsible for ensuring that any such revenue is provided to the City to be
receipted into the respective District fund. Contractor must submit such revenue on a
monthly basis with the required report set forth in Section 6.3.
(n) As part of the annual external audit or annual review set out in the Budget and Service
Plan,Contractor must timely respond to inquiries and requests for information and provide
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all relevant documents, data, and information that relate to the District's business and
activities that enable the external audit engagement to be completed. External audits will
only be required where District assessment revenue exceeds $150,000.00; however,
pursuant to the PID Policy, all records maintained by the Contractor are subject to review
and audit by the city personnel and external auditors at any time. Where District
assessment revenue is $150,000.00 or less, the Contractor will be subject to an Agreed
Upon Procedure(AUP)engagement by an outside auditor,where a sample of the expenses
will be selected and tested for inclusion in the budget and service plan. For external audits,
the external auditor will be selected by the City and will be engaged to provide, at a
minimum, an opinion of the Contractor on the following activities:
i. Financial statements;
ii. All expenses paid by the Contractor were compliant with this Agreement, including,
but not limited to, all applicable laws (i.e., Chapters 252 and 372 of the Texas Local
Government Code);
iii. Compliance with all procurement laws,rules,and regulation, including,but not limited
to, City and State of Texas;
iv. Compliance with the PID Policy, as amended from time-to-time; and
v. Contractor's delivery of the Improvements and Services outlined within the Budget and
Service Plan.
(o) Review the monthly financial reports to ensure compliance with the City's standards on
budgetary controls and month-to-date and year-to-date expenditures. Contractor will not
overspend any annual appropriation or end the year with expenditures exceeding available
resources(revenue plus spendable fund balance).
(p) Complete a fiscal review at mid-year, in conjunction with the Administrator, of the
District's revenue and expenditure activity and project year-end spend to ensure
compliance with City's Fiscal Policies such that expenditures will not exceed
appropriations and expenditures will not exceed available resources (revenue plus
spendable fund balance).
(q) Identify, apply, receive, monitor, and comply with external grant opportunities that
facilitate the furtherance of the activities and goals of the District in accordance with the
City's Grant Management Policies and Procedures. All grants must be approved by the
Administrator prior to being accepted by the Contractor.
(r) Designate one of its employees to be the primary District manager. Nothing contained in
this subsection is intended to prohibit the designated employee from performing other job
functions on behalf of or for the Contractor.
(s) Participate in meetings of City of Fort Worth departments of Financial Management
Services, Park and Recreation, Transportation and Public Works, and Internal Audit to
coordinate District activities.
(t) 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
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issues, and other matters. At the request of the Contractor's president, arrange for guest
presenters to attend meetings.
(u) 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.
(v) Maintain complete set of all available 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.
(w) Work with all District committees to coordinate and handle all details associated with
public events that are sponsored by District.
2.2. Standard of Care; Nature of Relationship. Contractor will 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 must
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
must be fully qualified to perform those Improvements and Services delegated to them.
2.3. 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 includes, but is not 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 or responsibilities related to running radar on drivers, writing parking
citations,investigating crimes,or other job functions normally performed by on-duty police
officers. Contractor will 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 will 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
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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 proscribed by the City.
(c) Notwithstanding anything to the contrary in this Section 2.3,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, either in whole or in part. 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.
3. CITY'S DUTIES AND RESPONSIBILITIES.
3.1 The City will provide the following services in connection with the 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;
(b) Making payments to Contractor from special assessment revenues and other District
revenues;
(c) Maintaining a standard level of services in the District comparable to what would be
provided for the taxpayers generally;
(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 concerning delinquent assessments and making billings thereon as
necessary;
(h) Producing an annual assessment roll of property owners and property within the District;
(i) Adopting the annual budget of the District;
(j) Providing monthly budget to actual reports to the Contractor to facilitate a review of
month-to-date and year-to-date financial activity;and
(k) Reporting and publishing the financial activity of the District in the City's audited financial
statements.
3.2 The City will 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
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accordance with this Agreement, paying for Improvements and Services that Contractor performs in the
District.
3.3 Contractor understands and acknowledges that the District is not a separate legal entity;
therefore, Contractor agrees that it will not create ownership of anything under the name of the District,
including,but not limited to,assets,bank accounts,personal property,real property,and insurance policies.
4. AMENDMENTS.
4.1 This Agreement may not be amended unless executed in writing by both parties.
5. TERM.
5.1 This Agreement is effective beginning on October 1,2019("Effective Date")and, unless
terminated earlier in accordance with this Agreement, expires on the later of September 30, 2020 or the
date that all obligations of the City and Contractor have been met in accordance with the terms herein
("Term").
6. FUNDING.
6.1. Management Fee. As full compensation for the provision of all Improvements and
Services during the term of this Agreement, City will pay the Contractor a management fee of Ninety-Six
Thousand, Eight Hundred Twelve Dollars and No Cents ($96,812.00) in equal monthly installments
("Management Fee"). This amount is reflected in the Budget and Service Plan as both the"Management
Fee"and"Insurance". The term Management Fee includes any and all administrative costs incurred by the
Contractor to perform its duties and responsibilities under this Agreement, including, but not limited to,
insurance,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.
6.2 Improvements and Services. City will reimburse the Contractor all actual and necessary
expenses incurred to perform the Improvements and Services, exclusive of the Management Fee, up to the
amount of each respective line item in the Budget and Service Plan.
6.3 Process for Payment. To receive payment under this Agreement, on or before the tenth
(1 O'h) day of each month that this Agreement is in effect, beginning in February of 2019, Contractor must
submit a written report to the Director of the City's Financial Management Department or that person's
authorized designee ("Administrator")detailing the Improvement and Services provided by Contractor for
the prior month, inclusive of the monthly Management Fee, and any non-assessment revenue received by
the Contractor. If the tenth (10`h) of the month falls on a weekend or City holiday, then the deadline will
be extended to the next day that the City is open for regular business. By way of example only,November
10, 2019 falls on a Sunday, so the due date would be on Monday,November 11, 2019.
(a) The written report must include documentation sufficiently demonstrating to the
Administrator any sums paid by Contractor,a summary of any amounts awarded to vendors
for contracts,year-to-date payments,any revenues received from non-assessment revenue,
and any other documentation requested by the Administrator. Provided that all such
necessary reports and supporting documentation have been provided to the Administrator,
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the City will pay the Contractor for all lawful expenses paid by Contractor within thirty
(30)calendar days of receipt of all such written reports and supporting documentation.
6.4 Notwithstanding anything to the contrary herein, the City will 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 Budget and Service Plan for the then-current fiscal year.Contractor must pay or reimburse the City
for any unauthorized expenses incurred that are not in accordance with the Budget and Service Plan for the
then-current fiscal year, unless otherwise approved by the Administrator. City may withhold Management
Fee payments due to the Contractor until such unauthorized expenses are reimbursed. Contractor will be
responsible for all Internal Revenue Service reporting and administration requirements associated with
paying vendors for services provided under the Budget and Service Plan. Contractor will not be reimbursed
for any late fees or interest that accrues as a result of a late payment by the Contractor to a vendor or
subcontractor.
6.5 Work Reports. Contractor must also submit a quarterly work report to the Administrator.
This work report must detail all of the Contractor's significant work activities in the District. The format
of the report must be mutually agreed upon by the Contractor and the Administrator. Notwithstanding
anything to the contrary herein, payments to Contractor may be withheld if the Administrator does not
receive a report in a timely manner. The Administrator reserves the right to verify that the report is complete
and accurate.
6.6 Insuflicient 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 will 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 will have the right to pay the deficit(on a non-
reimbursable basis), in which case this Agreement will 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.
7.1 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 I1I, 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 been discriminated against under the terms of such ordinances
by either Contractor, its officers, agents, employees or subcontractors.
8. BUSINESS DIVERSITY ENTERPRISE ORDINANCE
8.1 In accordance with City of Fort Worth Ordinance No. 20020-12-2011, effective June 1,
2012, the City has established goals for the participation of Minority Business Enterprises ("MBEs")and
Small Business Enterprises ("SBEs") in City contracts. Contractor must comply, and require that its
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subcontractors comply, with the terms of this ordinance and any amendments thereto. Failure by the
Contractor to comply, or to require its subcontractors to comply, with such ordinance will constitute a
breach of this Agreement and be grounds for termination of this Agreement by the City.
9. CONTRACTOR LIABILITY.
9.1 Contractor hereby assumes full liability for any damages to any public or private property
due to the negligence or willful misconduct of Contractor, its subcontractors,agents, permitees or assigns.
10. LIABILITY OF CITY; PERSONAL LIABILITY OF PUBLIC OFFICIALS.
10.1 No employee of the City, nor any other agent or representative of the City, will 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 will 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 will
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.
11.1 CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR
CLAIMS FOR DAMAGES OR INJURIES,INCLUDING,BUT NOT LIMITED TO,DEATH, TO ANY
AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED,ARISING OUT OF OR
IN CONNECTION WITH ANY ACT OR OMISSION ON THE PART OF THE CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES, EMPLOYEES, OR
SUBCONTRACTORS,AND THE CONTRACTOR DOES HEREBYASSUME ALL LIABILITYAND
RESPONSIBILITY FOR INJURIES, CLAIMS, OR SUITS FOR DAMAGES TO PERSONS OR
PROPERTY, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
OCCURRING D URING OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT AS
A RESULT OFANYACT OR OMISSION ON THE PART OF THE CONTRACTOR,ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, OR SUBCONTRACTORS. SUCH
INDEMNIFICATION MUST 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,
INCL UDING,B UT NOT LIMITED TO, OPERATIONS OF SUBCONTRACTORS.
11.2 CONTRACTOR MUST LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANYAND ALL INJURY OR DAMAGE TO CITY PROPERTYARISING OUT OF OR IN
CONNECTION WITHANYAND ALL ACTS OR OMISSIONS OF CONTRACTOR,ITS OFFICERS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES.
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11.3 Insurance coverage specified herein constitutes the minimum requirements and such
requirements will in no way lessen or limit the liability of Contractor under the terms of this Agreement.
12. INDEPENDENT CONTRACTOR.
12.1 It is expressly understood and agreed that Contractor and its employees, representative,
agents, servants, officers, contractors, subcontractors, and volunteers will operate as independent
contractors as to all rights and privileges and work performed under this Agreement, and not as agents,
representatives or employees of the City. Subject to and in accordance with the conditions and provisions
of this Agreement, Contractor will have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers. Contractor acknowledges that the doctrine
of respondeat superior will not apply as between the City and its officers,representatives,agents, servants,
and employees, and Contractor and its employees, representative, agents, servants, officers, contractors,
subcontractors, and volunteers. Contractor further agrees that nothing herein will be construed as the
creation of a partnership or joint enterprise between City and Contractor. It is further understood that the
City will in no way be considered a Co-employer or a Joint employer of Contractor or any employees,
representative,agents,servants,officers,contractors, subcontractors,and volunteers of Contractor.Neither
Contractor,nor any officers,agents, servants, employees or subcontractors of Contractor will be entitled to
any wages or employment benefits from the City. Contractor will be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of employees, representative, agents, servants,
officers, contractors, subcontractors, and volunteers
13. INSURANCE.
13.1 Contractor will not commence work under this Agreement until it has obtained and
received approval from the City of all insurance coverage required hereunder. Contractor will be
responsible for delivering to the Administrator a certificate or certificates of insurance demonstrating that
Contractor has obtained the coverages required under this Agreement. The minimum insurance required
of Contractor,throughout the term of this Agreement, is as follows:
(a) WORKER'S COMPENSATION INSURANCE: Contractor must maintain statutory
Worker's Compensation Insurance on all of its employees to be engaged in undertaking
any Improvements and 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 must provide adequate employer's general liability
insurance for the protection of such employees not so protected.
(b) COMPREHENSIVE GENERAL LIABILITY INSURANCE: Contractor must maintain 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.
(c) AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE:
Contractor must maintain comprehensive automobile liability coverage in an amount not
less than$1,000,000 for each accident. This policy must cover any automobile used in the
provision of Improvements and Services under this Agreement.
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13.2 Additional Requirements.
(a) Where applicable, insurance policies required herein must be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties must include
employees,representatives, officers, agents, and volunteers of City.
(b) The Workers' Compensation Insurance policy must be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City. Such
insurance must cover employees performing work on any and all projects. Contractor or
its contractors must maintain coverages, if applicable. In the event the respective
contractors do not maintain coverage, Contractor must maintain the coverage on such
contractor, if applicable, for each applicable contract.
(c) Any failure on the part of City to request certificate(s) of insurance will not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
(d) Insurers of Contractor's insurance policies must be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do
business in the state of Texas. Insurers must be acceptable to City insofar as their financial
strength and solvency and each such company must have a current minimum A.M. Best
Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating
otherwise approved by City.
(e) The insurer be represented by an agent or agents having an office located within the Dallas-
Fort Worth metropolitan area. Each such agent must 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 will be set forth on
all certificates of insurance.
(f) Deductible limits on insurance policies must not exceed $10,000 per occurrence unless
otherwise approved by City.
(g) In the event there are any local, federal, or other regulatory insurance or bonding
requirements for Contractor's operations, and such requirements exceed those specified
herein,the former will prevail.
(h) Contractor must require its contractors and subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor must
require its contractors and subcontractors to provide Contractor and City with certificate(s)
of insurance documenting such coverage. Also,Contractor must require its subcontractors
to have City and Contractor endorsed as additional insureds(as their interest may appear)
on their respective insurance policies.
(i) All policies must provide that they may not be changed or canceled by the insurer in less
than five (5) business days after the City has received written notice of such change or
cancellation. Such insurance amounts may be revised upward at City's request, and
Management and Improvement Services Agreement
with Camp Bowie District,Inc.,for PID 19(Historic Camp Bowie) 11 of 17
Contractor must revise such amounts within thirty(30) calendar days after receipt of such
request.
14. TAXES.
14.1 Contractor must 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.
15. PERMITS AND LICENSES.
15.1 Contractor must obtain or 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.
16.1 Contractor and Contractor's employees,contractors,and subcontractors must be competent
and careful workmen skilled in their respective trades. Contractor will not employ any person who
repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of its
duties or has been convicted of any crime of moral turpitude. The City retains 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. The Improvements and Services are 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.
16.2 Contractor must, at all times,maintain its equipment in a clean and serviceable condition.
All equipment must be properly licensed and inspected and clearly marked with the Contractor's name and
telephone number.
17. ASSIGNMENT AND SUBCONTRACTING.
17.1 Contractor will have the right to subcontract for the provision of any Improvements and
Services authorized hereunder so long as the subcontract is in writing. Contractor must provide the
Administrator with a final executed copy of all subcontracts.The existence of a subcontract will 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. TERMINATION.
18.1 All terms, conditions, and provisions of this Agreement are considered material, and
Contractor's failure to perform any part of this Agreement constitutes 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
Management and Improvement Services Agreement
with Camp Bowie District,Inc.,for PID 19(Historic Camp Bowie) 12 of 17
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.
18.2 Notwithstanding the foregoing, City may 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
will pay for any such work in progress that is completed by Contractor and accepted by the City.
19. COOPERATION WITH CITY.
19.1 Contractor must, at such time and in such form as City may require, furnish periodic
information concerning the status of the Improvements and Services and such other statements,certificates,
and approvals relative to the same as may be requested by the City. Contractor must 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.
20.1 Contractor must maintain complete and accurate records with respect to all expenditures
and costs incurred for all Improvements and Services provided hereunder. All such records must be clearly
identified and readily accessible to the City. Contractor must provide representatives of City or its
appointees free access to such records, at all proper times, in order that they may examine and audit the
same and make copies thereof. Contractor must 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 will continue for a period of three (3)years from the expiration or termination under
this Agreement. The City will also have the right to conduct a performance audit and evaluation of
Contractor at such times as the City deems necessary. Contractor must 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 that may be required to conduct such performance audit.
20.2 Contractor further agrees to include in any contractor and subcontractor agreements
hereunder a provision to the effect that the contractor and subcontractors agree that the City will, until the
expiration of three(3)years after the expiration or termination of the contract or subcontract, have access
to and the right to examine any directly pertinent books, documents,papers, and records of such contractor
or subcontractor involving transactions of the contract or subcontract,and further that City will have access
during normal working hours to all contractor and subcontractor facilities and will be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.
City will give the contractor and subcontractor reasonable advance notice of intended audits.
21. NOTICES.
21.1 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:
Management and Improvement Services Agreement
with Camp Bowie District,Inc.,for PID 19(Historic Camp Bowie) 13 of 17
City: Contractor:
City of Fort Worth Camp Bowie District, Inc.
Attn: PID Administrator Attn: Wade Chappell
Financial Management Services Dept. 4731 Camp Bowie Boulevard, Suite 1
200 Texas Street Fort Worth, Texas 76107
Fort Worth, Texas 76102-6311
Copy to:
City Attorney, at the same address
22. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
22.1 This Agreement is 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.
23.1 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.
24.1 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 does not constitute a waiver of that parry's right to
insist upon appropriate performance or to assert any such right on any future occasion.
25. VENUE AND CHOICE OF LAW.
25.1 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 will 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 will be construed in accordance with the laws of the State of Texas.
26. NO THIRD PARTY RIGHTS.
26.1 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.
27. INTERPRETATION.
27.1 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement will be interpreted fairly and reasonably, and neither more strongly for or
against any party, regardless of the actual drafter of this Agreement.
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28. CAPTIONS.
28.1 Captions and headings used in this Agreement are for reference purposes only and will not
be deemed a part of this Agreement.
29. COUNTERPARTS.
29.1 This Agreement may be executed in multiple counterparts, each of which will be
considered an original, but all of which will constitute one instrument.
30. ENTIRETY OF AGREEMENT.
30.1 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.
31. PROHIBITION AGAINST BOYCOTTING ISRAEL.
31.1 If Contractor has fewer than 10 employees or this Agreement is for less than$100,000,
this section does not apply. 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.
EXECUTED in Fort Worth, Tarrant County,Texas as of the last date indicated below:
CITY OF FORT WORTH: CAMP BOWIE DISTRICT,INC.
� a Texas nonprofit corporat ign:
By: / 7
Kevin Gunn Wade Chappell
Assistant City Manager President
Date: �� Za�y Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Management and Improvement Services Agreement
with Camp Bowie District,Inc.,for PID 19(Historic Camp Bowie) 15 of 17
ATTEST: ,-OR..
�` ATTEST:
By: By:
Mary J. ka-ys&1Name:
City Secretary Title:
APPROVAL RECOMMENDED:
By:
Reginald Zeno
Finance Director
APPROVED AS TO FORM AND L ALITY:
By:
T le allac
Assistant City tt ey
M&C: 19-0102
Date: August 27,2019
Form 1295: 2019-523659
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.
-7;� 62�ix�
Name of Employee
Title
OFFICIAL RE;CORu
CITY S E C IR ETAFR '
FT. WORTH rx
Management and Improvement Services Agreement
with Camp Bowie District,Inc.,for PID 19(Historic Camp Bowie) 16 of 17
Exhibit"A"
Budget and Service Plan
city o1 Fort vvorol
Five Year Service Plan,FY ZMi1"20
F7+"10t mrovement Aiserw No,is-Historic Camp Bowie
FYE WO FYi 9121 FVE SM FYE WM FYE Wid
REVENUER
PIE)Ases"merds $432,771. S454.410 $477,130 SM00,987 $528.038
CDFW Assesement
POM Pwmvm in lieu d'Services.. 17701 17,701 17,791 17,701 47,701
PID Generated Revenue
Budget Revenues SM562 _$47�,101 - t01" -$51877B B27
Use of Funds Safance
TOW Ravaxtes S4MW2 S02,201 f4W,921 $618.774 Sb43,127
EXPENSES
Management Fee: 90,112 94,440 08,284 103,7W 108,785
Profasbnat Fees 0,000 a
Bonu icalia" fte02 77,831 61,0'ii 84?350 118,417
samuff bon-Udlties 20,000 21.000 2ZO50 23,153 24.310
BeauntaWn-Mairwienanme 00,250 94,7W 9IWI 10t,493 1091701
LKWAbatemant •78y72D 82,858 86,789 91.125 95,8w
Sa4alty 24,960 28,208 27,51& 28,894 3%339
Mwkekty 24ADD 25,200 25,400 21JS3 20.172
Adver ieirtg 28,000 27,300 28AW. 30,098 31,6M
fnsur#xe A700 7,MS 71387 7,758 8,144
Audit Blow 0" tt;eis, (I'm 7.293-
C8y AdminWab Om Fee 9,011 9;482 aim 10,432 9,M
Butler Expenses 4K$n .47&291 4At#21 $M771 549.827
:Contribution to Fund 8aiance -
Total Expense* s450,562 $472,201 $494,921 $518,77 55431
Net so So So So $0
Management and Improvement Services Agreement
with Camp Bowie District,Inc,,for PID 19(Historic Camp Bowie) 17 of 17
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0102
LOG NAME: 13FMS PID19FY20
SUBJECT
Conduct Public Benefit Hearing for Public Improvement District 19-Historic Camp Bowie,Approve Fiscal Year 2019-2020 Budget in the Amount
of$450,562 and Five-Year Service Plan,Approve Tax Year 2019 Assessment Roll,Adopt Ordinance Levying Special Assessments for the 2019
Tax Year at a Rate of$0.10 Per Each$100.00 of Property Value for Commercial Property,Authorize Execution of an Agreement with Camp Bowie
District, Inc., in the Amount of$90,112 to Manage the PID;and Adopt Appropriation Ordinance(COUNCIL DISTRICTS 3 and 7)(PUBLIC
HEARING-a. Report of City Staff:Angela Estrada; b.Citizen Presentations;c.Council Action:Close Public Hearing and Approve the M&C)
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 19-
Historic Camp Bowie for the 2019 tax year;
2.Approve the attached Fiscal Year 2019-2020 Budget in the amount of$450,562 and Five-Year Service Plan for Public Improvement District 19-
Historic Camp Bowie;
3.Approve the Tax Year 2019 Assessment Roll for Public Improvement District 19-Historic Camp Bowie,on file with the City Secretary;
4.Adopt the attached ordinance levying special assessments on the commerical property located in Public Improvement District 19-Historic
Camp Bowie for the 2019 tax year at a rate of$0.10 per each$100.00 of property value;
5.Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 19-Historic
Camp Bowie Fund in the amount of$450,562;and
6.Authorize the execution of an Agreement with Camp Bowie District, Inc., in the amount of$90,112 to provide management of the improvements
and services for Public Improvement District 19-Historic Camp Bowie during Fiscal Year 2019-2020.
DISCUSSION:
On August 14,2018,the City Council adopted Resolution No.4966-08-2018,establishing the Fort Worth Public Improvement District 19-Historic
Camp Bowie(Historic Camp Bowie PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2019-2020 Fiscal Year Budget and Five-Year Service
Plan for the Historic Camp Bowie PID and the proposed assessments to be levied on each commercial property in the Historic Camp Bowie PID
for the 2019 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 2019 Assessment Roll;and(c)adopt the attached ordinances levying the proposed
assessments and appropriating funds.
The improvements and services to be provided in the Historic Camp Bowie PID during the 2019-2020 Fiscal Year and the costs thereof are as
follows:
Improvements Total Budgeted Cost
Management Fee $90,112
Professional Fees 1$5,000
Beautification $69,802
Utilities 1$20,000
Maintenance 1$90,256
Litter Abatement $78,720
Security 1$24,960
Marketing 1$24,000
Advertising 1$26,000
Insurance 1$6,700
Audit 1$6,000
City Administrative Fee $9,011
Total _]$450,562
The total budgeted costs of the improvements and services are in the amount of$450,562.Of this amount,$432,771,will be funded by
assessments collected on privately owned parcels located in the Historic Camp Bowie PID by applying a rate of$0.10 per each$100.00 of
property value.The remaining$17,791 will be funded in direct payments from the City for Payment In-Lieu of Services. The 2019 assessment rate
is the same as the prior year.
On August 20,2019,the City Council conducted a public hearing to receive comments on the proposed 2019-2020 Fiscal Year Budget, Five-Year
Service Plan,and 2019 Assessments for the Historic Camp Bowie PID(M&C BH ). Notice of the August 20,2019, benefit hearing and this
hearing were published in the Fort Worth Star-Telegram on August 8,2019 and mailed to all record owners of property in the Historic Camp
Bowie PID on August 7,2019,in accordance with state law.
The Historic Camp Bowie PID is located in COUNCIL DISTRICTS 3 and 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2019-2020 Budget by the
City Council,funds will be available in the Fiscal Year 2020 operating budget,as appropriated,of the Fort Worth Public Improvement District 19-
Historic Camp Bowie Fund.
Submitted for City Manager's Office by. Kevin Gunn 2015
Originating Business Unit Head: Reginald Zeno 8500
Additional Information Contact: Angela Estrada 8511