HomeMy WebLinkAboutContract 39022CITY SECRETARI/
CONTRACT NO.
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 12 (Chapel Hill)
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 Thomas Higgins, its duly authorized Assistant City Manager, and RTI
COMMUNITY MANAGEMENT ASSOCIATES, INC., a Texas corporation doing business
as CMA ("Contractor") acting by and through Judi Phares, 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 March
23, 2004, the City Council of the City of Fort Worth adopted Resolution No. 3060 creating Fort
Worth Public Improvement District No. 12 (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 agre�as._follows:
OFFICIAL
08-25-0 9 P1f22
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Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
RECORD
OITI� SECRETARI(
T. WORTH, TX
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, including irrigation of plantings;
(b) Public events consisting of recreational activities, special events and
holiday lighting;
(c) Construction and maintenance of public capital improvements, as
individually approved in writing by the Administrator;
(d) Pay any utility costs necessitated by the above -referenced Improvements
and Services;
(e) Provide any related Improvements and Services as directed or approved in
advance and in writing by the Administrator;
(f) Pay marketing costs related to such Improvements and Services, as
approved in advance and in writing by the Administrator;
(g) Oversee the bidding and awarding of any third party contracts for the
above -referenced Improvements and Services;
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Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
1T
(h) 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
obj ectives;
(i) 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;
(j) 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;
(k) Maintain a full and accurate accounting of disbursements for
reimbursement from District revenues; and
(1) Comply with all duties and responsibilities set forth in Exhibit `B",
attached hereto and hereby made a part of this Agreement for all purposes.
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 $10,000,00, which
amount is reflected in the Service Plan and Budget as "Management Fee," which amount
shall be paid in prorated installments in accordance with Section 6 hereof.
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.
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Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
t°
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;
(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.
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Management and Improvement Services Agreement
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5. TERM.
This Agreement shall commence October 1, 2008 (the "Effective Date") and, unless
terminated earlier in accordance with this Agreement, expire September 30, 2009 (the "Term").
6. RELEASE OF FUNDS TO CONTRACTOR.
6.1. Procedure.
Periodically, but not more fiequently than once per month, Contractor shall
present to the individual or individuals designated by the City to oversee and administer
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
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Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
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
been discriminated against under the terms of such ordinances by either Contractor, its officers,
agents, employees or subcontractors.
S. 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
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Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
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
LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE
DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER FIND 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
BYANYONE WHOMSOEVER INANY WAY -RESULTING FROM OR ARISING OUT OF
CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION
HEREWITH, INCL UDING OPERATIONS OF SUBCONTRACTORS.
CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTYARISING 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 respondent 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
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Management and Improvement Services Agreement
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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.
For purposes of this Section 13, the City agrees that Chapel Hill Community Association,
Inc. may cause some or all of the insurance coverage required by this Section 13 to be provided,
subject to the written approval by the City's Risk Manager and so long as any policies provided
by Chapel Hill Community Association, Inc. cover Contractor's duties and responsibilities under
this Agreement and are endorsed to name the City as an additional insured. 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 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
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Management and Improvement Services Agreement
with CMA for P1D 12 (Chapel Hill)
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.
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 parry 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.
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Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
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
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.
Z0. 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.
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Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
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 fiom time to time be provided to the other party:
City:
City of Fort Worth
Attn: PID Administrator
Economic & Community Development
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
Contractor:
CMA
Attn: Judi Phares, President
1500 N. Norwood Dr., Bldg. C, Suite 300
Hurst, TX 76054
22. COMPLIANCE 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 surl•ender
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.
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Management and Improvement Services Agreement
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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.
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:
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Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
CITY OF FORT WORTH:
By:
Thomas Higgins
Assistant City Manager
Date: 8/Z5�09
ATTEST:
City Secretary
RTI COMMUNITY MANAGEMENT
ASSOCIATES, INC., a Texas corporation
d/ Va
AA*
Judi Judi Phares
President
Date: �9� Z/
ATTEST:
By:
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: -Du -239 9-9-08
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Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
Name:
Title:
OFFICIAL R��:�k�
CITY S cCR�TARY'
FT. WORTH, TX
EXHIBITS
"A" — Service Plan and Budget for the District
—Additional Services to be Provided by Contractor
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
Exhibit "A"
Budget and Service Plan
City of Fort Worth
FIVE YEAR SERVICE PLAN
Public Improvement District #12 - Chapel Hill
REVENUE
Assessment Revenues
Chapel Hill Venture LLLP Subsidy
Prior Year's Assessments
Total Revenues
EXPENSES
Management Fee
Utilities
Landscape Maintenance Program
Communications/Newsletters
Marketing
Social Programs/Holiday Lighting
Capital Improvements
Replacements
Insurance
Annual Review
City Administration
56, 000
1, 000
21,000
78,000
10, 000
6,500
36,000
500
1,200
4,000
41000
7,000
6,000
800
2,000
FY09/010
65,000
2,000
8,000
75,000
12,000
7,000
38,000
700
1,400
1,600
2,000
3,000
61500
800
2,000
Total Expenses 78,000 75,000
FY10/11 FY11/12 FY12/13
80, 000
1,000
13.000
94,000
14,000
7,500
48,000
1, 000
1,500
4,000
4,000
4,000
7, )00
1, )00
2, )00
100,000
6,500
106,500
15,000
8,000
58,000
11000
2,000
4,000
3,500
4,500
7,500
1, 000
21000
94,000 106,500
120,000
6,500
126,500
16,000
9,000
72,000
1,500
2,000,
53000
5,000
5,000
8,000
11000
2,000
126,500
Exhibit "B"
Additional Services to be Provided by Contractor
(a) Contractor shall assign one of its employees to manage the PID and, unless otherwise agreed
by the City in writing, Contractor agrees that the management of the PID shall be the sole
activity for the assigned employee and such employee shall not manage any other properties
for Contractor;
(b) Participate in meetings of City of Fort Worth departments of Economic and Community
Development, Parks, Transportation and Public Works, Internal Audit, and Budget to
coordinate PID activities;
(c) Participate in monthly PID Advisory Board meetings and update Advisory Board members on
budget, security patrols, landscaping, City coordination issues, and other matters. At the
request of the Board president, arrange for guest presenters to attend meetings;
(d) Establish means of communication for citizen input to report problems and make suggestions
to the PID. Coordinate responses to citizen input with the PID advisory body or other entity
selected by the City;
(e) Maintain a full and accurate accounting of disbursements for reimbursement from PID
revenues, providing the PID advisory body or other entity selected by the City with a monthly
accounting statement;
(f) Monitor recurring expenses and perform comparative analysis to identify emerging trends and
real or potential problems. Notify the PID advisory body or other entity selected by the City of
trends and unusual or excessive expenses;
(g) Assist in the preparation of a five-year Service Plan and Budget for the forthcoming fiscal
year, to be approved by the City Council;
(h) Maintain complete set of historical records of all PID activity to include PID charter, minutes of
meetings, and agreements/contracts with other entities, grant applications, etc. from the
beginning of PID to present; and
(i) Work with all PID Committees to coordinate and handle all details associated with public
events that are sponsored by PID.
The Contractor shall commence, carry on, and provide such improvements and/or services with all
practicable dispatch, in a sound, economical, and efficient manner, in accordance with this contract and its
attachments and all applicable laws.
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
COUNCIL ACTIONP Approved on 919/2008 � Ord. No. 18271�09=2008,18272wil)9w2008, and
18273w0w2008
DATEP Tuesday, 192008
LOG NAMEw 17PID12BENHEAR REFERENCE NO..
SUBJECT:
Benefit Hearing for Fort Worth Public Improvement District 12 (Chapel Hill) Concerning Proposed
Budget and Five Year Service Plan, Adoption of the 2008 Assessment Roll, Adoption of Ordinance
Levying Assessments, and Adoption of Appropriation Ordinances to Increase Estimated Receipts in
the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2008-2009; and
Authorize Execution of an Agreement with Chapel Hill of Fort Worth Community Association, Inc.,
and RTI/Communities Management Associates, Inc., to Manage the District
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a benefit hearing concerning the proposed special assessments on property located in Fort Worth
Public Improvement District 12 for Fiscal Year 2008-2009;
2. Approve the attached Public Improvement District 12 budget and five-year service plan for Fiscal Year
2008-2009;
3. Adopt the proposed 2008 assessment If for Public Improvement District 12;
4. Adopt the attached ordinance which levies the proposed assessment for property located in Public
Improvement District 12 for Fiscal Year 2008-2009;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$561000.00 in the Special Assessment District Fund (Public Improvement District 12 Fiscal Year 2008-2009
Project Account) from available funds;
6. Authorize the transfer of $2,000.00 for administrative fees from the Special Assessment District Fund
(Public Improvement District 12 Fiscal Year 2008-2009 Project Account) to the Special Trust Fund
contingent upon the adoption of the proposed 2008 assessment roll;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $2,000.00 from available funds; and
8. Authorize the City Manager to execute an agreement with Chapel Hill of Fort Worth Community
Association, Inc., and RTI/Communities Management Associates, Inc., to provide management and
improvement services for Public Improvement District 12 during Fiscal Year 2008-2009 for the sum of
$10,0000009
DISCUSSION:
Logname: 17PID 12BENHEAR Page 1 of 3
On March 23, 2004, the City Council adopted Resolution No. 3060 establishing Fort Worth Public
Improvement District No. 12 (PID 12).
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2008-
2009 proposed assessments to be levied on each property in PID 12, to adopt an ordinance levying the
proposed assessments and to adopt an appropriation ordinance allocating estimated receipts to the
District's fund.
On August 19, 2008, (M&C G-16246) the City Council conducted a public hearing to receive comments on
the proposed Fiscal Year 2008-2009 five-year service plan and budget (attached), and provided notice of
this benefit hearing.
The improvements and services to be provided and the costs thereof are:
Improvement
Management Fee
Utilities
Landscape Maintenance Program
Communications/Newsletters
Marketing
Social Programs/Holiday Lighting
Capital Improvements
Replacements
Insurance
Annual Review
City Administration
Total
Total Budgeted Costs
$10,000600
$6,500.00
$36,000000
$500.00
$1,200.00
$4,000000
$4,000.00
$7,000.00
$6,000000
$800.00
2 000.00
$78,000.00
The total budgeted costs of the improvements are $78,000.00. Of this amount, $56,000.00 will be funded
by assessments collected on privately owned parcels located in the district by applying a rate of $0.19
cents to each $100.00 of property value for residential property.
The remainder of the costs, $22,000.00, will be funded by other revenue sources, including:
$1,000.00 from the Chapel Hill Venture LLLP Subsidy
$21,000.00 from prior year's assessments
Based on the appraised value of the property and considering the benefits to be received from the
proposed improvements, it is the opinion of the City staff that an amount equal to or more than the
proposed assessments, upon completion of the improvements will enhance each parcel of property in
value.
PID 12 is commonly known as the "Chapel Hill PID" and is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the Fiscal Year 2008-2009 operating budget,
as appropriated, of the Special Assessment District Fund, and the Special Trust Fund.
Logname: 17PID12BENHEAR Page 2 of 3
TO Fund/AccountlCenters
6) 7) FE72 481305 017587001000 $2,000mOD
5) GS87 488342 002512003000 $56.000.00
5 GS87 539120 002512003000 $56.000.00
0 FE72 511010 017587001000 2 000.00
FROM FundlAccountlCenters
6) 3S87 539120 002512003000
8) GS87 539120 002512003000
Submitted for CiYr Manager's Office bar. Tom Higgins (6140)
Originating Department Head: Jay Chapa (6192)
Additional Information Contact: Sylvia Flores (8550)
2 000.00
$10.000000
Logname: 17PID 12BENHEAR
Page 3 of 3
Ordinance No. 18272-09-2008
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE SPECIAL ASSESSMENT DISTRICT FUND IN THE AMOUNT OF $56,000.00 FROM
AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING IMPROVEMENTS AND
SERVICES (N PUBLIC IMPROVEMENT DISTRICT NO. 12 (CHAPEL HILL); PROVIDING
FOR A SEVERABILIiY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2008-2009 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Special Assessment District Fund in the amount of $56,000.00 from available funds for the purpose of
funding improvements and services in Public Improvement District No. 12 (Chapel Hill).
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be incorporated into the ordinance effecting the budget of the municipal
government of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2008, and ending
September 30, 2009, and all other ordinances and appropriations amending the same except in those
instances where the provisions of this ordinance are in direct conflict with such other ordinances and
appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are
hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City AtEorne
ADOPTED AND EFFECTIVE: September 9. 2008
Ordinance No. 18273-09-2008
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
SPECIAL TRUST FUND IN THE AMOUNT OF $2,000.00 FROM AVAILABLE FUNDS
CONTINGENT UPON THE ADOPTION OF THE FISCAL YEAR 2008-2009 BUDGET FOR THE
PURPOSE OF FUNDING THE FY08-09 PUBLIC IMPROVEMENT DISTRICT ADMINISTRATION
BY THE ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2008-
2009 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Special Trust Fund in the amount of $2,000.00 from available funds
contingent upon adoption of the Fiscal Year 2008-2009 budget for the purpose of funding the
FY08-09 PID Administration by the Economic and Community Development Department.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be incorporated into the ordinance effecting the budget of the municipal
government of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2008, and
ending September 30, 2009, and all other ordinances and appropriations amending the same
except in those instances where the provisions of this ordinance are in direct conflict with such
other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
.SECTION 4.
This ordinance shalt take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City
ADOPTED AND EFFECTIVE: September 9. 2008
ORDINANCE NO. 18271-09-2008
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IlVIPROVEMENT DISTRICT NO. 12 DURING FISCAL YEAR 2008-09; SETTING CHARGES
AND LIENS AGAINST PROPERTY ]Tt THE DISTRICT AND AGAINST THE OWNERS
THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; RESERVING
UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE
AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT
GRANTED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore directed that certain
improvements and/or services (the "Improvements") shall be provided in the Fort Worth Public Improvement District No.
12 during Fiscal Year 2008-09; and
WHEREAS, the boundaries of the improvement district are along the major streets of West Bonds Ranch Road
on the North, Business Highway 287 North on the East, the extended Boat Club Road on the West and the City limits on
the South.
WHEREAS, the improvements to be provided are as follows:
1. an improvement district landscaping, construction and maintenance program consisting of the planting and
maintenance of special supplemental landscaping, the maintenance of supplemental irrigation systems, park,
lake and fountain maintenance, and special fencing in and along boulevards, parks and open spaces;
2. public events program consisting of special events and holiday lighting;
3. a management program to provide for the administration, management, communications and operation of
the district;
4. city administration fee; and
WHEREAS, the cost of such improvements is as follows:
Total Budseted Costs
Management Fee 10,000
Utilities 6,500
Landscape Maintenance Program 36,000
Communications/Newsletters 500
Marketing 1,200
Social Programs/Holiday Lighting 4,000
Capital Improvements 4,000
Replacements 7,000
Insurance 6,000
Annual Review 800
City Administration 2,000
Total 8 00
The total budgeted costs of the improvements are $78,000. Of this amount, $56,000 will be funded by assessments
collected on privately owned parcels located in the district. The remainder of the costs, $22,000 will be funded by other
revenue sources, including:
® $21,000 from prior year's assessments
e $1,000 paid by the Chapel Hill Venture LLLP Subsidy:
WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was
considered by the City Council on August 19, 2008 (M&C G-16246) and is on file in the office of the City Secretary; and
WHEREAS, the improvements shall be provided by Community Management Associates, Inc. under a contract
with the City of Fort Worth; and
WHEREAS, $56,000 of the cost of the improvements shall be assessed against property located in the District
and the owners of property, and the balance of the difference between the amount to be assessed and the total cost of the
project will be paid by a direct payment from the City of Fort Worth for park maintenance and a subsidy paid by the
developer; and
WHEREAS, the assessments shall be based on the value of each parcel on January 1, 2008, as determined by
the City Council, including the value of the structures on other improvements, with the assessment on each parcel to be
determined by applying no more than $0.19 rate per each $100 of residential or commercial property value; and
WHEREAS, such proposed assessment roll was approved and adopted by the City Council of the City of Fort
Worth, and a time and place was set for a hearing, and the proper notice of the time, place and purpose of said hearing
was given and said hearing was held at the time and place fixed therefore, to -wit, on the 9th day of September, 2008, at
7:00 p.m. in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing various protests
and objections were made, and all desiring to be heard were given a full and fair opportunity to be heard, and the City
Council, having fully considered all proper matters, is of the opinion that the said hearing should be closed and
assessments should be made and levied as herein ordered.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
Said hearing be, and the same is hereby, closed and the said protest and objections, and any and all other
protests and objections, whether herein enumerated or not, be and the same are hereby overruled.
SECTION 2.
The City Council, from the evidence, finds that the assessments herein described should be made and levied
against the respective parcels of property in the District and against the owners of such property. Such assessments and
charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property by
means of the improvements in the District for which such assessments are levied and establish substantial justice and
equality and uniformity between all parties concerned, considering the benefits received and burdens imposed. The City
Council further fmds that in each case the property assessed is specially benefited in enhanced value to the said property
by means of the said improvements in the District and for which assessment is levied and charge made, in a sum in excess
of said assessment and charge made against the same by this ordinance, and further finds that the apportionment of the
cost of the improvements is in accordance with the law in force in this City, and the proceedings of the City heretofore
had with reference to said improvements, and is in all respects valid and regular. The City Council, from the evidence,
further fmds that the values of the respective parcels of property on January 1, 2008, are true and correct.
SECTION 3.
There shall be, and are hereby, levied and assessed against the parcels of property in the District and against the
fr7
real and true owners thereof (whether such owners be correctly named herein or not), the sums of money itemized per
parcel of property, and the owners thereof, as far as such owners are known.
SECTION 4.
Where more than one person, firm or corporation owns an interest in any property described herein, each said
person, firm or corporation shall be personally liable only for its, her or his pro rata share of the total assessment against
such property in proportion to its, his or her respective interest to the total ownership such property, and its, his or her
respective interest in such property may be released from the assessment lien upon payment of a proportionate sum.
SECTION 5.
The several sums above mentioned and assessed against the said parcels of property, and owners thereof, and
penalty and interest thereon at the rate prescribed by Chapter 372, Subchapter A, Sections 372.018(b) et seq., of the Local
Government Code (the Public Improvements District Assessment Act), together with reasonable attorney's fees and cost
of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of properly against
which the same are assessed, and a personal liability and charge against the real and true owners of such property,
whether such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable lien
and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon,
superior to all other liens and claims, except state, county, school district and city ad valorem taxes. A copy of this
ordinance may be filed with the County Clerk of Tarrant County, Texas, and when so filed shall constitute complete and
adequate legal notice to the public concerning the liens hereby assessed against the respective parcels of property and the
owners thereof.
The sums so assessed against the respective parcels of property and the owners thereof shall be and become due
and payable as follows, to -wit: The assessments shall be payable on or before January 31, 2009, and shall become
delinquent if not paid by February 1, 2009. The entire amount assessed against each parcel of property shall bear penalty
and interest, from and after February 1, 2009 at the same rate as prescribed by law for any delinquent ad valorem tax until
paid.
SECTION 6.
If default shall be made in the payment of any assessments, collection thereof shall be enforced by suit in any
court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the enforcement and
collection of said assessments.
SECTION 7.
The total amount assessed against the respective parcels of property, and the owners thereof, is in accordance
with the proceedings of the City relating to said improvements and assessments thereof and is less than the proportion of
the cost allowed and permitted by the law in force in the City.
SECTION 8.
Although the aforementioned charges have been fixed, levied and assessed in the respective amounts herein
stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing
credits to certain property owners where deemed appropriate. Notwithstanding the City Council has herein reserved the
right to issue credits, it shall not be required to issue credits, and will not do so, if same would result in any inequity
and/or unjust discrimin anation.
The principal amount of each of the several assessments levied by the City of Fort Worth, Texas, as hereinafter
provided, shall be fixed and determined by deducting from the amount of any assessment herein levied such amount or
amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments.
3
SECTION 9.
Full power to make and levy reassessments and to correct mistakes, errors, invalidates or irregularities in the
assessments are, in accordance with the law in force in this City, vested in the City.
SECTION 10.
All assessments levied are a personal liability and charge against the real and true owners of the property
described, notwithstanding such owners may not be named, or may be incorrectly named.
SECTION 11.
In any suit upon any assessment or reassessment, it shall be sufficient to allege the substance of the provision
recited in this ordinance and that such recitals are in fact true, and further allegations with reference to the proceedings
relating to such assessment and reassessment shall not be necessary.
SECTION 12.
The assessments levied are made and levied under and by virtue of the terms, powers and provisions of Chapter
372, Subchapter A, Sections 372.001 et seq., of the Texas Local Government Code (the Public Improvements District
Assessment Act).
SECTION 13.
Should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any
reason by a court of competent jurisdiction, such decision, opinion or judgment shall m no way impair the remaining
portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force
and effect.
SECTION 14.
That this ordinance shall be cumulative of Ordinance No. 15673 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other
ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations
are hereby expressly repealed.
SECTION 15.
This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
Date: 9- /4 - D ?
0
September 9, 2008
Adopted
September 9, 2008
Effective