HomeMy WebLinkAboutContract 39345G
Fort Worth
7
CITY SECRETARY
�CNTRACT NO. �
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 PCMC, INC.,
a Texas corporation doing business as PREMIER COMMUNITIES MANAGEMENT
COMPANY ("Contractor") and acting by and through Cindy C. Huey, its duly authorized
President.
RECITALS
The following statements are true and correct and constitute the basis upon which the
City and Contractor have entered into this Agreement:
WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code on
September 26, 2000, the City Council of the City of Fort Worth adopted Resolution No. 2675
creating Fort Worth Public Improvement District No. 7 (the "District"); and
WHEREAS, the City is authorized to utilize the District to undertake improvements
and/or services that confer special benefits on the part of the City within the District; and
WHEREAS, the City Council is authorized to levy and collect special assessments on
property in the District, based on the special services conferred by the improvements and/or
services, to pay the cost of such improvements and services; and
WHEREAS, the City desires to enter into a written agreement with Contractor for
provision of certain improvements and services in the District, as more specifically set forth in
this Agreement; and
WHEREAS, such improvements and services constitute a supplement to standard City
services and an added increment of service to provide other special benefits and services which
will enhance the vitality and quality of the District; and
WHEREAS, Contractor wishes to assist the City by providing, furnishing, or performing
such improvements and services;
NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and
agreements contained herein, the City and Contractor do hereby covenant and agree as follows:
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Management and Improvement Services Agreement
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PID 7 (Heritage)
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AGREEMENT
1. ENGAGEMENT OF CONTRACTOR.
The City hereby engages the Contractor, and the Contractor hereby agrees to provide,
furnish, oversee or perform in accordance with this Agreement the improvements and/or services
set forth in Section II.
2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT.
2.1. Scope of Contractor's Duties.
Contractor shall provide or cause to be provided those improvements and services
(the "Improvements and Services") set forth in 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). Contractor shall also comply with the following related duties and
responsibilities:
(a) Oversee the bidding and awarding of any third party contracts for the
above -referenced Improvements and Services in accordance with the
guidelines set forth in the Policy and Guidelines for Public Improvement
Districts adopted by the City Council pursuant to Resolution No. 3711-02-
2009 (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 above -
referenced Improvements and Services to ascertain that all such work is
performed completely, professionally, and with the appropriate level of
quality and to make whatever changes are necessary to achieve these
objectives;
(c) 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;
(d) In accordance with Section 372.013 of the Texas Local Government Code
and the PID Policy, prepare a Service Plan and Budget for the five (5)
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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;
(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;
(f) Comply with all other duties and responsibilities set forth in the guidelines
of the PID Policy; and
(g) 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 $73,006.00, which
amount is reflected in the Service Plan and Budget as "Management Fee", plus
$20,889.00 for maintenance payroll, which amount is reflected in the Service Plan and
Budget as part of the $90,711 budget for "Common Area Maintenance", both of which
amounts 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 contract and its attachments and all applicable laws. Contractor shall ensure that
any work on the Improvements and Services is properly coordinated with related work
being performed by the City. Contractor represents that it has, or will secure at its own
expense, all materials, supplies, machinery, equipment, accessories, and services
necessary to provide the Improvements and Services. Unless otherwise specifically
provided herein, all of the Improvements and Services will be performed by the
Contractor or under the Contractor's supervision. All personnel engaged by the Contractor
shall be fully qualified to perform those Improvements and Services delegated to them.
3. CITY'S DUTIES AND RESPONSIBILITIES.
The City shall provide the following services in connection with operation of the District
and the Contractor's performance under this Agreement:
(a) Levying and collecting assessments and recording the same in a separate revenue
account;
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(b) Making payments to Contractor from special assessment revenues and other
District revenues;
(c) Maintaining the same level of services in the District as that which the City
provides in comparable areas of the City;
(d) Maintaining complete and detailed records concerning any expenditure of special
assessment revenues and other District revenues, which are made through City
departments, boards, or agencies;
(e) Retaining and expending revenues from special assessments, penalties, interest,
and investment income thereon solely in the District;
(f) Preparing an annual report of delinquent property assessments and liens thereon to
be assigned to the City's delinquent tax collection attorney;
(g) Making regular reports to Contractor concerning delinquent assessments and
making billings thereon as necessary; and
(h) Producing an annual assessment roll of property owners and property within the
District.
The City shall have no financial obligation to the District other than levying and
collecting the assessments levied by the District, except as provided in subsection (c) above, and,
pursuant to and in accordance with this Agreement, paying for Improvements and Services that
Contractor performs in the District.
4. AMENDMENTS.
This Agreement may not be amended unless executed in writing by both parties.
5. TERM.
This Agreement shall commence October 1, 2009 (the "Effective Date") and, unless
terminated earlier in accordance with this Agreement, expire September 30, 20010 (the "Term").
6. RELEASE OF FUNDS TO CONTRACTOR.
6.1. Procedure.
Periodically, but not more frequently than once per month, Contractor shall
present to the individual or individuals designated by the City to oversee and administer
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the District (the "Administrator") a report of the Improvements and Services provided
by Contractor since (i) for the first report under this Agreement, the Effective Date and
(ii) for all subsequent reports, the date of the previous report. All such reports must
include documentation sufficient demonstrating to the Administrator that any sums paid
or incurred by Contractor have been paid or are due. Provided that all such necessary
reports and supporting documentation have been provided to the Administrator, the City
shall pay the Contractor for all lawful expenses made or incurred by Contractor within
fifteen (15) business days of receipt of all such reports and supporting documentation.
Notwithstanding anything to the contrary herein, the City shall not be required to pay
Contractor any amount that exceeds the then -current balance of District revenues or that
is not in accordance with the Service Plan and Budget for the then -current fiscal year.
6.2. Work Reports.
Contractor shall also submit a periodic work report, no less than quarterly, to the
Administrator. This work report shall detail all of the Contractor's significant work
activities in the District. The format of the report shall be mutually agreed upon by the
Contractor and the Administrator. Notwithstanding anything to the contrary herein,
payments to Contractor may be withheld if any such report is not received. The
Administrator shall have the right to verify that the report is complete and accurate.
6.3. Insufficient District Funds.
In the event that District revenues are not available or are insufficient for the City
to make any payment to Contractor hereunder, the City will promptly notify Contractor.
At Contractor's request, the City and the Contractor shall meet and attempt to negotiate
an amendment to this Agreement so that the scope of Improvements and Services may be
reduced to correspond to the amount of District funds that are available or are anticipated
to become available. If such an amendment cannot be successfully negotiated, Contractor
shall have the right to pay the deficit (on a non -reimbursable basis), in which case this
Agreement shall continue in effect. If such an amendment cannot be successfully
negotiated and Contractor does not elect to fund the deficit, either parry may terminate
this Agreement upon thirty (30) days' advance written notice to the other parry.
7. DISCRIMINATION PROHIBITED.
Contractor, in the execution, performance, or attempted performance of this Agreement,
will not discriminate against any person or persons because of sex, race, religion, color, national
origin, sexual orientation or familial status, nor will the Contractor permit its officers, agents,
employees or subcontractors to engage in such discrimination. This Agreement is made and
entered into with reference specifically to the ordinances codified at Chapter 17, Article III,
Division 3 (Employment Practices) of the Code of the City of Fort Worth, and Contractor hereby
covenants and agrees that Contractor, its officers, agents, employees and subcontractors, have
fully complied with all provisions of same and that no employee or applicant for employment has
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been discriminated against under the terms of such ordinances by either Contractor, its officers,
agents, employees or subcontractors.
8. DISADVANTAGED BUSINESS ENTERPRISE POLICY.
The City has adopted goals for the participation of minority/women business enterprises
(M/WBE) in City contracts through Ordinance No. 11923, as amended. Compliance by
Contractor with the terms of this ordinance and any amendments thereof is mandatory; failure by
the Contractor to comply with such policies shall constitute a breach of this Agreement and
grounds for termination of this Agreement by the City. Any subcontracts to be performed
hereunder shall also be subject to provisions of the City policies concerning goals for M/WBE
participation in City contracts.
9. CONTRACTOR LIABILITY.
Contractor hereby assumes full liability for any damages to any public or private property
which is due to the negligence of Contractor, its subcontractors, agents, permitees or assigns.
10. LIABILITY OF CITY; PERSONAL LIABILITY OF PUBLIC OFFICIALS.
No employee of the City, nor any other agent of the City, shall be personally liable for
any damages caused by Contractor, its officers, agents, servants, employees, contractors and
subcontractors or any other liabilities of Contractor under this Agreement or otherwise related to
this Agreement. It is further expressly agreed that the City shall not be liable or responsible for
any damages caused by Contractor, its officers, agents, servants, employees, contractors and
subcontractors or any other liabilities of Contractor under this Agreement or otherwise related to
this Agreement, nor shall the City be liable or responsible to Contractor or any other person for
or on account of any stoppage or delay in the work herein provided for by injunction or other
legal or equitable proceedings, or from or by or on account of any delay for any cause over which
the City has no control.
11. INDEMNIFICATION.
CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR CLAIMS FOR
DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR
PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ANY NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE
PART OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES
OR SUBCONTRACTORS, AND THE CONTRACTOR DOES HEREBY ASSUME ALL
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LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE
DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE
PERFORMANCE OF THIS CONTRACT AS A RESULT OF ANY NEGLIGENT ACT OR
NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS, SUCH
INDEMNIFICATION SHALL INCLUDE WORKERS' COMPENSATION CLAIMS OF OR
BYANYONE WHOMSOEVER INANY WAYRESULTING FROM OR ARISING OUT OF
CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION
HEREWITH, INCLUDING OPERATIONS OF SUBCONTRACTORS.
CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH ANY AND ALL NEGLIGENT ACTS OR NEGLIGENT
OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTOR, SUBCONTRACTORS, LICENSEES OR INVITEES.
Insurance coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of Contractor under the terms of this
contract. Contractor shall procure and maintain, at its own cost and expense, any additional
kinds and amounts of insurance that, in its own judgment, may be necessary for proper protection
in the prosecution of its work.
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall perform all work and services
described herein as an independent contractor and not as an officer, agent, servant or employee of
the City; that Contractor shall have exclusive control of the details of the services and work
performed hereunder, and all persons performing the same; and shall be solely responsible for the
negligent acts and negligent omissions of its officers, agents, employees, contractors and
subcontractors; that the doctrine of respondeat superior shall not apply as between City and
Contractor, its officers, agents, employees, contractors and subcontractors; and that nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Contractor. No person performing any of the work and services described hereunder shall be
considered an officer, agent, servant or employee of the City.
13. INSURANCE.
Contractor shall not commence work under this Agreement until it has obtained and
received approval from the City of all insurance coverage required hereunder. Contractor shall
be responsible for delivering to the Administrator a certificate or certificates of insurance
demonstrating that Contractor has obtained the coverage required under this Agreement, that all
insurance policies provided pursuant to this Agreement are endorsed to name the City as an
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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 or process may be had, and must
have authority and power to act on behalf of the insurance company to negotiate and settle with
the City, or any other claimant, any claims that the City, or any other claimant, or any property
owner who has been damaged may have against the Contractor or insurance company. The name
of the agent or agents shall be set forth on all certificates of insurance. All policies must provide
that they may not be changed or canceled by the insurer in less than five (5) days after the City
had received written notice of such change or cancellation. Such insurance amounts may be
revised upward at City's request, and Contractor shall revise such amounts within thirty (30) days
after receipt of such request.
14. TAXES.
Contractor shall pay all federal, state and local taxes that may be chargeable on any
Improvements and Services provided hereunder or otherwise in relation to Contractor's duties
and obligations hereunder.
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15. PERMITS.
Contractor shall and shall cause any of its contractors and subcontractors to obtain and
pay for any necessary permits and licenses, whether issued by the state, county or City, before
proceeding with any work hereunder that requires any such permits.
16. CHARACTER OF WORK AND OPERATIONS.
Contractor and Contractor's employees, contractors and subcontractors shall be competent
and careful workmen skilled in their respective trades. Contractor shall not employ any person
who repeatedly engages in misconduct or is incompetent or negligent in the due and proper
performance of his duties or has been convicted of any crime of moral turpitude. The City shall
retain the right to require the Contractor to remove any employee who is guilty of misconduct
toward the public or is in any way discourteous to the public. This work is being performed for
the public benefit and it is necessary that it be performed in an acceptable manner and at a
satisfactory rate of progress. Contractor shall at all times maintain its equipment in a clean,
serviceable condition. All equipment shall be properly licensed and inspected and clearly
marked with the Contractor's name and telephone number.
17. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall have the right to subcontract for the provision of any Improvements and
Services authorized hereunder so long as the subcontract is in writing and the Administrator
approves such subcontract in writing prior to provision of the subcontracted Improvements and
Services. The existence of a subcontract shall not relieve Contractor of any responsibility or
liability to the City under this Agreement. Otherwise, Contractor may not assign, transfer or
convey any of its duties and responsibilities under this Agreement to another parry without the
advance written approval of the City and execution by such party of a written agreement with the
City under which such parry agrees to be bound by the duties and obligations of Contractor under
this Agreement.
18. DEFAULT.
All terms, conditions and provisions of this Agreement shall be considered material, and
Contractor's failure to perform any part of this Agreement shall constitute an event of default
hereunder. Should the Contractor fail to fully cure any default hereunder within fourteen (14)
calendar days after receipt from the City of written notice of the default (or, provided that
Contractor has diligently commenced and continuously attempted cure within such time, such
additional time as may be reasonably necessary to fully cure the default), the City may, at its
option and in addition to any other remedies available to it under law or in equity, terminate this
Agreement by providing written notice to Contract. Notwithstanding the foregoing, City may
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PID 7 (Heritage)
terminate this Agreement for any reason upon thirty (30) calendar days' prior written notice to
Contractor. In the event of any termination, any work in progress will continue to completion
unless specified otherwise in the City's termination notice. The City shall pay for any such work
in progress that is completed by Contractor and accepted by the City.
19. COOPERATION WITH CITY.
Contractor shall, at such time and in such form as City may require, furnish periodic
information concerning the status of the project and such other statements, certificates and
approvals relative to the project as may be requested by the City. Contractor shall meet with the
Administrator or other City officials as may be requested to discuss any aspect of this
Agreement.
20. BOOKS AND RECORDS; AUDITING RIGHTS.
Contractor shall maintain complete and accurate records with respect to all expenditures
and costs incurred for all Improvements and Services provided hereunder. All such records shall
be maintained on a generally accepted accounting basis and shall be clearly identified and readily
accessible to the City. Contractor shall provide representatives of City or its appointees free
access to such books and records, at all proper times, in order that they may examine and audit
the same and make copies thereof. Contractor shall further allow the City and its representatives
to make inspections of all work data, documents, proceedings and activities related to this
contract. Such right of access and audit shall continue for a period of three (3) years from the
date of final payment under this Agreement. The City shall also have the right to conduct a
performance audit and evaluation of Contractor at such times as the City deems necessary.
Contractor shall fully cooperate with any such performance audit. The City may employ
consultants at the City's expense to assist City in such performance audit. Contractor agrees to
give the City and its consultants access to all reports, data, schedules and other relevant
information which may be required to conduct such performance audit.
21. NOTICES.
Any notices, bills, invoices or reports required by this Agreement shall be conclusively
determined to have been delivered three (3) business days after it is deposited in the United
States mail, in a sealed envelope with sufficient postage attached, to the addresses listed below or
such other addresses as may from time to time be provided to the other party:
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PID 7 (Heritage)
city:
City of Fort Worth
Attn: PID Administrator
Housing and Economic Dev. Dept.
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
Contractor:
Premier Communities Management Company
Attn: Cindy Huey, President
The Centrum
3102 Oak Lawn Avenue, Suite 202
Dallas, TX, 752194241
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 surrender
any of it governmental powers or immunities.
24. NO WAIVER.
The failure of either parry 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 parry's
right to insist upon appropriate performance or to assert any such right on any future occasion.
25. VENUE AND JITRISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas — Fort Worth
Division. This Agreement shall be construed in accordance with the laws of the State of Texas.
26. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the City and
Contractor and are not intended to create any rights, contractual or otherwise, to any other person
or entity.
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27. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly
for or against any parry, regardless of the actual drafter of this Agreement.
28. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
29. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and
Contractor as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any provision of this
Agreement.
30. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
EXECUTED as of the last date indicated below:
CITY OF FORT WORTH:
Tom Higgins C/ Coe
Assistant City Manager
Date: ���ZU/09
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with Premier Communities Management Company
?ID 7 (Heritage)
PCMC, INC., a Texas corporation d/b/a
PREMIER COMMUNITIES PROPERTY
MANAGEMENT:
By:
Cl�lc "y C. Huey
President
f
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Management and Improvement Services Agreement
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PID 7 (Heritage)
ATTEST:
I�
City Secretary
ATTEST:
By:
Name:
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: BH-242 9-8-09
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Title:
OFPICf�XI RECORL'�
ITY SEC
CT: W'^DT�
EXHIBITS
—Service an and Budget for the District
"B" —Additional Services to be Provided by Contractor
Management and Improvement Services Agreement
with Premier Communities Management Company
PID 7 (Heritage)
Exhibit "A"
City of Fort Worth
Five Year Service Plan
Public Improvement District No. 7
REVENUES
Assessment Revenues
City Reimbursement
Initiation Fee
Prior Year Assessment
Total Revenues
M
EXPENSES
anagement Fee
Water
Electric/Maintenance
Irrigation
Landscape/Tree Maintenance
Fence Maintenance
Holiday Lighting
Common Area Maintenance
Security Patrols
Replacements
Insurance
Community Events
Annual Review
City Administration
Surplus Capital Improvements
Subsidy Repayment
Budget Expenses
Estimated Operating Reserve
Total Expenses
FY 09/10 FY 10/11
HERITAGE
-
FY 11/12 FY 12/13 FY 13/14
1,268,913
1,344,513
1,420,113
1,422,633
1,465,312
1211341
127,408
133,778
140,467
1471491
12,000
121000
23800
-
-
540,458
$400,000
$400,000
$400,000
$4003000
Management and Improvement Services Agreement
with Premier Communities Management Company
PID 7 (Heritage)
$11942,712 $1,883,921 $1,956,691 $1,963,100 $2,012,803
73,006 74,834 75,827 78,063 80,366
2211193 2581527 2771623 312,057 3331901
421135 59,384 57,291 49,967 521722
801000 85,600 91,592 98,003 801000
5141227 5351175 5541078 589,998 606,007
653000 55,000 65,000 551000 551000
221000 25,000 271000 27,000 27,000
901711 82,389 77,516 721161 741961
271000 301000 33,000 33,000 33,000
1611122 1381000 1601000 110,000 110,000
51620 51789 51962 61141 61325
151000 30,000 30,000 301000 301000
21000 21060 21122 21185 21251
251378 26,890 28,402 28,453 29,306
75,273 71,278 711072 911963
81320 - - - -
$1,542,712 $1,483,921 $1,556,691 $1,563,100 $1,612,803
400,000 400,000 400,000 400,000
$1,942,712 $1,883,921 $1,956,691 $1,963,100
400000
,
$2,012,803
September 30, 2009
Ms. Carla Felipe
General Manager, Heritage
Premier Communities
9536 Courtright Drive
Keller, Texas 76248
Dear Ms. Felipe:
In accordance with Exhibit B of the Management and Improvement Services
Agreement between the City of Fort Worth (City) and Premier Communities, the
City acknowledges that Ms. Carla Felipe, General Manager, who is responsible
for managing the PID on behalf of Premier, will also be assigned other duties, not
designated as PID activities.
Examples of these other assigned activities include the coordination of various
elements of the Heritage Homeowners Association.
If you need additional information, please do not hesitate to call me.
Sincerely,
1� a
Sylvia A. Flores
PID Administrator
Enclosure
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET *FORT WORTH, TEXAS 76102
017-392-6103 * FAX 817-392-2431
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 all meetings of the PID advisory body or other entity selected by the City for
assistance in the preparation of the Service Plan and Budget for the District, and update
members of any such entity as to authorized PID projects and other pertinent matters. At the
request of the PID advisory body or other entity selected by the City, 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) Maintain complete set of historical records of all PID activity to include PID charter, minutes of
meetingsI and agreements/contracts with other entities, grant applications, etc. from the
beginning of PID to present; and
(h) 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 Premier Communities Management Company
PID 7 (Heritage)
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COUNCIL ACTION: Approved on 9/8/2009 -Ord. Nos. 18792-09-2009, 18793-09-2009 & 18794-09-
2009
_ .
DATE: 9/8/2009 REFERENCE gH-242 LOG NAME: 17PID07BENHEAR2009
NO..
CODE: BH TYPE: CONSENT HEAR NG: YES
SUBJECT: Conduct Benefit Hearing for Fort Worth Public Improvement District 7 (Heritage)
Concerning Proposed 2009-2010 Budget and Five -Year Service Plan and Proposed
Assessment; Adopt Ordinance Levying Special Assessments for the 2009 Tax Year; Adopt
Appropriation Ordinances to Increase Estimated Receipts in the the Special Assessment
District Fund and Special Trust Fund for Fiscal Year 2009-2010 and Authorize Execution of
an Agreement with Premier Communities Management Company to Manage the District
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a benefit hearing concerning the proposed special assessments on property located in Fort
Worth Public Improvement District 7 (Heritage PID) for Fiscal Year 2009-2010;
2. Approve the attached 2009-2010 Fiscal Year budget and five-year service plan for the Heritage PID;
3. Adopt the attached ordinance levying special assessments on property in the Heritage PID subject to
assessment in the 2009 tax year;
4. Authorize the transfer of $121,341.00 from the General Fund to the Special Assessment District Fund
(Public Improvement District 7 Fiscal Year 2009-2010 Project Account) for the City's payment in lieu of
services;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$1,390,254.00 in the Special Assessment District Fund (Public Improvement District 7 Fiscal Year 2009-
2010 Project Account) from available funds;
6. Authorize the transfer of $25,378.00 for administrative fees from the Special Assessment District Fund
(Public Improvement District 7 Fiscal Year 2009-2010 Project Account) to the Special Trust Fund contingent
upon the adoption of the attached ordinance levying assessments;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $25,378.00 from available funds; and
8. Authorize the City Manager to execute an Agreement with Premier Communities Management Company
to provide management and improvement services for the Heritage PID during Fiscal Year 2009-2010 for
the sum of $73,006.00.
DISCUSSION:
On September 26, 2000, the City Council adopted Resolution No. 2675 (M&C G-13021) establishing the
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Fort Worth Public Improvement District 7 (Heritage PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2009-2010 Fiscal
Year budget and five-year service plan for the PID and the proposed assessments to be levied on each
property in the PID for the 2009 tax year..Following the public hearing, it is recommended that he City
Council approve the attached budget and five-year service plan of the PID, adopt the attached ordinance
levying the proposed assessments and adopt the attached appropriation ordinances allocating estimated
receipts to the Heritage PID's fund.
On August 25, 2009, (M&C G-16677) the City Council conducted a public hearing to receive comments on
the proposed 2009-2010 Fiscal Year budget and five-year service plan for the PID. Notice of this benefit
hearing was published in the newspaper and mailed to all record owners of property in the Heritage PID in
accordance with State law.
The improvements and services to be provided in the PID during the 2009-2010 Fiscal Year and the costs
thereof are:
Improvements
Management Fee
Water
Electric/Maintenance
Irrigation
Landscape/Tree Maintenance
Fence Maintenance
Holiday Lighting
Common Area Maintenance
Security Patrols
Replacements
Insurance
Community Events
Annual Review
City Administration
Subsidy Repayment
Budget Expenses
Estimated Operating Reserve
Total Expenses
Total Budgeted Costs
$73,006.00
$221,193.00
$42,135.00
$80,000.00
$514,22700
$65,000.00
$22,000.00
$90,711.00
$27,000.00
$161,122.00
$5,620.00
$15,000.00
$2,000.00
$25,378.00
$198,320.00
$1,542,712.00
$400,000.00
$1,942,712.00
The total budgeted costs of the improvements are $1,942,712.00. Of this amount, $1,268,913.00 will be
funded by assessments collected on privately owned parcels located in the district by applying a rate of
$0.21 to each $100.00 of property value for residential property and $0.11 to each $100.00 of property
value for commercial property. The remainder of the costs $673,799.00 will be funded by other revenue
sources, including $121,341.00 in a direct payment from the City for payment in lieu of services; $12,000.00
from the district' s Builder Assessment of $200.00 per lot and $540,458.00 from prior years assessments.
The Heritage PID is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of.the attached appropriation ordinances, funds will be available in the Fiscal Year 2009-2010
operating budget, as appropriated, of the Special Assessment District Fund and the Special Trust Fund.
TO Fund/Account/Centers
7�
FE72 481306 017587001000
8)) FE72 511010 017587001000
FROM Fund/Account/Centers
$25,378.00 �)) GS87 539120 002507002000
9)) GS87 539120 002507002000
$25,378.00 T
$25,378.00
$73,006.00
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6)) GS87 488342 002507002000 $1,268,913.00
6)) GS87 539120 002507002000 $1,390,254.00
5 6 $121,341.00
GS87 488010 002507002000
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1.7PID07BEN_HEAR R_E_C_6.doc
17PID07BENHEAR REC 8.doc
PID 7 2009-10 Benefit Hearing_Ordinance__doc
PID7-FY10Budget.xls
5)) GG01 539120 0171000
Thomas Higgins (6140)
Jay Chapa (6192)
Sylvia Flores (8550)
$121,341.00
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