HomeMy WebLinkAboutContract 41024CITY SECRETARY
CONTRACTNOE 9-I aLiss
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 agree as follows:
Page 1
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
v Lr _ww j
t r t.• 4J s; � t
Cii a E @ I is
FT. WORTH, TX
.I 1 -0 2- 1
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;
Comply with all other duties and responsibilities set forth in the guidelines
of the PID Policy; and
Comply with all duties and responsibilities set forth in Exhibit
attached hereto and hereby made a part of this Agreement for all purposes.
2.2. Contractor Compensation.
«B»
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 $5,000.00, 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.
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;
Page 3
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
include documentation sufficient demonstrating to the Administrator that any sums paid
or incurred by Contractor have been paid or are due. Provided that all such necessary
reports and supporting documentation have been provided to the Administrator, the City
shall pay the Contractor for all lawful expenses made or incurred by Contractor within
fifteen (15) business days of receipt of all such reports and supporting documentation.
Notwithstanding anything to the contrary herein, the City shall not be required to pay
Contractor any amount that exceeds the then -current balance of District revenues or that
is not in accordance with the Service Plan and Budget for the then -current fiscal year.
6.2. Work Reports.
Contractor shall also submit a periodic work report, no less than quarterly, to the
Administrator. This work report shall detail all of the Contractor's significant work
activities in the District. The format of the report shall be mutually agreed upon by the
Contractor and the Administrator. Notwithstanding anything to the contrary herein,
payments to Contractor may be withheld if any such report is not received. The
Administrator shall have the right to verify that the report is complete and accurate.
6.3. Insufficient District Funds.
In the event that District revenues are not available or are insufficient for the City
to make any payment to Contractor hereunder, the City will promptly notify Contractor.
At Contractor s request, the City and the Contractor shall meet and attempt to negotiate
an amendment to this Agreement so that the scope of Improvements and Services may be
reduced to correspond to the amount of District funds that are available or are anticipated
to become available If such an amendment cannot be successfully negotiated, Contractor
shall have the right to pay the deficit (on a non -reimbursable basis), in which case this
Agreement shall continue in effect. If such an amendment cannot be successfully
negotiated and Contractor does not elect to fund the deficit, either party may terminate
this Agreement upon thirty (30) days' advance written notice to the other party.
7. DISCRIMINATION PROHIBITED.
Contractor, in the execution, performance, or attempted performance of this Agreement,
will not discriminate against any person or persons because of sex, race, religion, color, national
origin, sexual orientation or familial status, nor will the Contractor penult 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.
Page 5
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
PERFORMANCE OF THIS CONTRACT AS A RESULT OF ANY NEGLIGENT ACT OR
NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS. SUCH
INDEMNIFICATION SHALL INCLUDE WORKERS' COMPENSATION CLAIMS OF OR
BY ANYONE WHOMSOEVER IN ANY WAY RESULTING FROM OR ARISING OUT OF
CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION
HEREWITH, INCLUDING OPERATIONS OF SUBCONTRACTORS.
CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH ANY AND ALL NEGLIGENT ACTS OR NEGLIGENT
OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES.
Insurance coverage specified herein constitutes the minimum requirements and such
requirements shall in no way lessen or limit the liability of Contractor under the teinis of this
Agreement.
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall perfotin 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 puisuant 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 Contractoi is
as follows:
Page 7
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
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
perfoimance of his duties or has been convicted of any crime of moral turpitude. The City shall
retain the right to require the Contractor to remove any employee who is guilty of misconduct
toward the public or is in any way discourteous to the public This work is being performed for
the public benefit and it is necessary that it be performed in an acceptable manner and at a
satisfactory rate of progress. Contractor shall at all times maintain its equipment in a clean,
serviceable condition. All equipment shall be properly licensed and inspected and clearly
marked with the Contractor s name and telephone number.
17. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall have the right to subcontract for the provision of any Improvements and
Services authorized hereunder so long as the subcontract is in writing and the Administrator
approves such subcontract in writing prior to provision of the subcontracted Improvements and
Services. The existence of a subcontract shall not relieve Contractor of any responsibility or
liability to the City under this Agreement. Otherwise, Contractor may not assign, transfer or
convey any of its duties and responsibilities under this Agreement to another party without the
advance written approval of the City and execution by such party of a written agreement with the
City under which such party agrees to be bound by the duties and obligations of Contractor under
this Agreement
18. DEFAULT.
All terms, conditions and provisions of this Agreement shall be considered material, and
Contractor's failure to perform any part of this Agreement shall constitute an event of default
hereunder. Should the Contractor fail to fully cure any default hereunder within fourteen (14)
calendar days after receipt from the City of written notice of the default (or, provided that
Contractor has diligently commenced and continuously attempted cure within such time, such
additional time as may be reasonably necessary to fully cure the default), the City may, at its
option and in addition to any other remedies available to it under law or in equity, terminate this
Agreement by providing written notice to Contractor. Notwithstanding the foregoing, City may
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.
Page 9
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
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 party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's
right to insist upon appropriate performance or to assert any such right on any future occasion.
25. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas — Fort Worth
Division. This Agreement shall be construed in accordance with the laws of the State of Texas.
26. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the City and
Contractor and are not intended to create any rights, contractual or otherwise, to any other person
or entity.
27. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpieted fairly and reasonably, and neither more strongly
for or against any party, regardless of the actual drafter of this Agreement
Page 11
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
ATTEST:
By
Marty Hendri
City Secretary
ATTEST:
By:
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C:
BH-259 9-14-10
Page 13
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
4.10
Name: /aA� �� mnEt
Title: �-
•
•
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
a
•
Exhibit "A"
City of Fort Worth
PROPOSED FIVE YEAR SERVICE PLAN
Public Improvement District #12 - Chapel Hill
REVENUE
PID Assessments
Prior Year's Assessments
Total Revenues
EXPENSES
Management Fee
Water
Utilities
Landscape Maintenance Program
Fence Maintenance
Security/Code Blue Programs
Communications/Newsletters
Marketing
Social Programs/Holiday Lighting
Capital Improvements
Replacements
Insurance
Annual Review (Audit)
City Administration Fee
Budget Expenses
Estimated Operating Reserve
Total Expense
FY10/11
50,500
2,500
$ 53,000
5,000
4,000
4,500
30,000
200
500
500
2,500
800
2,000
$ 50,000
3,000
53,000
Management and Improvement Services Agreement
with CMA for PID 12 (Chapel Hill)
FY11/12
60,000
3,000
$ 63,000
8,000
4,500
5,000
32,000
500
200
500
2,500
800
2,000
$ 56,000
7,000
63,000
FY12/13
68,000
7,000
$ 75,000
8,500
5,000
5,500
33,000
2,000
800
600
100
600
3,000
900
2,000
$ 62,000
13,000
75,000
FY13/14
80,000
13,000
$ 93,000
10,000
7,000
6,500
35,000
3,000
1,000
800
200
1,000
3,500
1,000
3,000
1,000
2,000
$ 75,000
18,000
93,000
FY14/15
100,000
18,000
$ 118,000
10,000
8,000
8,000
40,000
4,000
1,500
800
200
3,000
12,000
6,000
4,500
1,000
2,000
$ 101,000
17,000
118,000
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/14/2010 - Ord Nos. 19325-09-2010,19326-09-2010,
19327-09-2010
DATE: Tuesday, September 14, 2010 REFERENCE NO.: BH-259
LOG NAME: 17PID12BENHEAR2010
SUBJECT:
Conduct a Public Benefit Hearing for Fort Worth Public Improvement District 12 Concerning the Proposed
Budget and Five Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special
Assessments for the 2010 Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the
Special Assessment District Fund and Special Trust Fund for Fiscal Year 2010-2011, and Authorize
Execution of Agreement with Chapel Hill of Fort Worth Community Association Inc , and RTI/Communities
Management Associates, Inc , d/b/a CMA to Manage the District (Chapel Hill) (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public benefit hearing concerning the proposed special assessments on property located in Fort
Worth Public Improvement District 12 (Chapel Hill PM) for Fiscal Year 2010-2011
2. Approve the attached 2010-2011 budget and five—year service plan for the Chapel Hill PID;
3. Adopt the attached ordinance levying special assessment on property located in the Chapel Hill PID
subject to assessment for the 2010 tax year;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $50,500.00
in the Special Assessment District Fund (Public Improvement District 12 Fiscal Year 2010-2011 Project
Account) from available funds;
5. Authorize the transfer of $2,000.00 for administrative fees from the Special Assessment District Fund
(Public Improvement District 12 Fiscal Year 2010-2011 Project Account) to the Special Trust Fund
contingent upon the adoption of the proposed ordinance levying assessments;
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special
Trust Fund by $2,000.00 from available funds; and
7. Authorize the City Manager to execute an agreement with Chapel Hill of Fort Worth Community
Association, Inc , and RTI/Communities Management Associates, Inc. d/b/a CMA, to provide management
and improvement services for the Chapel Hill PID during Fiscal Year 2010-2011 for the sum of $5,000.00.
DISCUSSION:
On March 23, 2004, the City Council adopted Resolution No. 3060 establishing Fort Worth Public
Improvement District No. 12 (Chapel Hill P1D)
The purpose of this benefit hearing is to receive comments from the public regarding the 2010-2011 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 2010 tax year. Following the public hearing, it is recommended that the 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 District's fund.
On August 24, 2010, (M&C BH-252) the City Council conducted a public hearing to receive comments on
the proposed 2010-2011 Fiscal Year budget and five—year service plan. Notice of this benefit hearing was
published in the newspaper and mailed to all record owners of property in the Chapel Hill PID in accordance
with State law.
The improvements and services to be provided in the PID during the 2010-2011 Fiscal Year, and the costs
thereof are:
Improvements
Total Budgeted
Costs
Management
Fee
$5,000.00
Water
$4,000.00
Utilities
$4,500.00
Landscape
Maintenance
$30,000.00
Program
Security/Code
Blue
Programs
$200.00
Communications/Newsletters
$500.00
Social
Programs/Holiday
Lighting
$500.00
Insurance
$2,500.00
Annual
Review (Audit)
$800.00
City
Administration
Fee
$2,000.00
Budget Expenses
$50,
000.00
Estimated
Operating
Reserve
$3,000.00
Total
Expense
$53,000.00
he improvements
are $53,000.00.
Of
this
amount,$50
The total budgeted costs oft p $ ,500.00 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. The remainder of the costs, $2,500.00, will be funded from prior year's
assessments
The Chapel Hill PID is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION:
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 2010-2011
operating budget as appropriated, of the Special Assessment District Fund and the Special Trust Fund.
FUND CENTERS:
TO Fund/Account/Centers
5)6)11E72 481306 017587001000
6)FE72 511010 017587001000
4) GS87 488342 002512003000
41 GS87 539120 002512003000
CERTIFICATIONS:
,Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
$2,000.00 5) GS87 539120 002512003000
$2,000.00 7) GS87 539120 002512003000
$50,500.00
$50,500.00
1. 17PID012BENHEAR2010 Rec4.doc
2. 17PID012BENHEAR2010 Rec6.doc
3 PID 12 2010 Benefit Hearing Ordl.rtf
4 PID12—FY11Budget.xls
Thomas Higgins (6192)
Jay Chapa (5804)
Sylvia Flores (8550)
$2,000.00
$5,000.00