HomeMy WebLinkAboutContract 41020i
Page 1
Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
CITY SECRETARY'I,�,.,
CONTRACT NO.�S�.m�
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 6 (Park Glen)
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 Tom Higgins, its duly authorized Assistant City Manager, and PCMC,
INC., a Texas corporation doing business as PREMIER COMMUNITIES MANAGEMENT
COMPANY ("Contractor") 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 22, 1998, the City Council of the City of Fort Worth adopted Resolution No. 2453
creating Fort Worth Public Improvement District No. 6 (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:
= iCIA. RECORD
CITY s t , ETARY
FT. 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. 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 first five (5)
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Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
(e)
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;
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 "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 $100,246.00, 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;
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Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
(b) Making payments to Contractor from special assessment revenues and other
District revenues;
(c) Maintaining the same level of services in the District as that which the City
provides in comparable areas of the City;
(d) Maintaining complete and detailed records concerning any expenditure of special
assessment revenues and other District revenues, which are made through City
departments, boards, or agencies;
(e) Retaining and expending revenues from special assessments, penalties, interest,
and investment income thereon solely in the District;
(f) Preparing an annual report of delinquent property assessments and liens thereon
to be assigned to the City's delinquent tax collection attorney;
(g) Making regular reports to Contractor concerning delinquent assessments and
making billings thereon as necessary; and
(h) Producing an annual assessment roll of property owners and property within the
District.
The City shall have no financial obligation to the District other than levying and
collecting the assessments levied by the District, except as provided in Section 3(c) above, and,
pursuant to and in accordance with this Agreement, paying for Improvements and Services that
Contractor performs in the District.
4. AMENDMENTS.
This Agreement may not be amended unless executed in writing by both parties.
5. TERM.
This Agreement shall commence October 1, 2010 (the "Effective Date ) and, unless
ten ninated earlier in accordance with this Agreement, expire September 30, 2011 (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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Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
the District (the "Administrator") a report of the Improvements and Services provided
by Contractor since (i) for the first report under this Agreement, the Effective Date and
(ii) for all subsequent reports, the date of the previous report. All such reports must
include documentation sufficient demonstrating to the Administrator that any sums paid
or incurred by Contractor have been paid or are due. Provided that all such necessary
reports and supporting documentation have been provided to the Administrator, the City
shall pay the Contractor for all lawful expenses made or incurred by Contractor within
fifteen (15) business days of receipt of all such reports and supporting documentation.
Notwithstanding anything to the contrary herein, the City shall not be required to pay
Contractor any amount that exceeds the then -current balance of District revenues or that
is not in accordance with the Service Plan and Budget for the then -current fiscal year.
6.2. Work Reports.
Contractor shall also submit a periodic work report, no less than quarterly, to the
Administrator. This work report shall detail all of the Contractor's significant work
activities in the District. The format of the report shall be mutually agreed upon by the
Contractor and the Administrator. Notwithstanding anything to the contrary herein,
payments to Contractor may be withheld if any such report is not received. The
Administrator shall have the right to verify that the report is complete and accurate.
6.3. Insufficient District Funds.
In the event that District revenues are not available or are insufficient for the City
to make any payment to Contractor hereunder the City will promptly notify Contractor.
At Contractor's request, the City and the Contractor shall meet and attempt to negotiate
an amendment to this Agreement so that the scope of Improvements and Services may be
reduced to correspond to the amount of District funds that are available or are anticipated
to become available. If such an amendment cannot be successfully negotiated,
Contractor shall have the right to pay the deficit (on a non -reimbursable basis), in which
case this Agreement shall continue in effect. If such an amendment cannot be
successfully negotiated and Contractor does not elect to fund the deficit, either party may
terminate this Agreement upon thirty (30) days advance written notice to the other party.
7. DISCRIMINATION PROHIBITED.
Contractor, in the execution, perfoiinance, 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
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Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
has 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 teiinination 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, pennitees 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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Management and Improvement Services Agreement
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PID 6 (Park Glen)
LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE
DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE
PERFORMANCE OF THIS CONTRACT AS A RESULT OF ANY NEGLIGENT ACT OR
NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS. SUCH
INDEMNIFICATION SHALL INCLUDE WORKERS' COMPENSATION CLAIMS OF OR
BY ANYONE WHOMSOEVER IN ANY WAY RESULTING FROM OR ARISING OUT OF
CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION
HEREWITH, INCLUDING OPERATIONS OF SUBCONTRACTORS.
CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH ANY AND ALL NEGLIGENT ACTS OR NEGLIGENT
OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES.
Insurance coverage specified herein constitutes the minimum requirements and such
requirements shall in no way lessen or limit the liability of Contractor under the terms of this
Agreement.
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall perform all work and services
described herein as an independent contractor and not as an officer, agent, servant or employee
of the City; that Contractor shall have exclusive control of the details of the services and work
performed hereunder, and all persons perfoiuiing the same; and shall be solely responsible for
the negligent acts and negligent omissions of its officers, agents employees, contractors and
subcontractors; that the doctrine of respondeat superior shall not apply as between City and
Contractor, its officers, agents, employees contractors and subcontractors and that nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Contractor. No person performing any of the work and services described hereunder shall be
considered an officer, agent, servant or employee of the City.
13. INSURANCE.
Contractor shall not commence work under this Agreement until it has obtained and
received approval from the City of all insurance coverage required hereunder. Contractor shall
be responsible for delivering to the Administrator a certificate or certificates of insurance
demonstrating that Contractor has obtained the coverage required under this Agreement that all
insurance policies provided pursuant to this Agreement are endorsed to name the City as an
additional insured, and that all such insurance policies cover not only Contractor, but also
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Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
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 Te►iii of this Agreement comprehensive
automobile liability coverage in an amount not less than $1,000,000 for each accident.
This policy shall cover any automobile used in the provision of Improvements and
Services under this Agreement.
The insurance company with whom Contractor's insurance is written shall be represented
by an agent or agents having an office located within the Dallas -Fort Worth metropolitan area.
Each such agent shall be duly qualified, upon whom service of process may be had, and must
have authority and power to act on behalf of the insurance company to negotiate and settle with
the City, or any other claimant, any claims that the City, or any other claimant, or any property
owner who has been damaged may have against the Contractor or insurance company. The
name of the agent or agents shall be set forth on all certificates of insurance. All policies must
provide that they may not be changed or canceled by the insurer in less than five (5) days after
the City had received written notice of such change or cancellation. Such insurance amounts
may be revised upward at City's request, and Contractor shall revise such amounts within thirty
(30) days after receipt of such request.
14. TAXES.
Contractor shall pay all federal, state and local taxes that may be chargeable on any
Improvements and Services provided hereunder or otherwise in relation to Contractor's duties
and obligations hereunder.
15. PERMITS.
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Management and Improvement Services Agreement
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PID 6 (Park Glen)
Contractor shall and shall cause any of its contractors and subcontractors to obtain and
pay for any necessary permits and licenses, whether issued by the state, county or City, before
proceeding with any work hereunder that requires any such permits.
16. CHARACTER OF WORK AND OPERATIONS.
Contractor and Contractor's employees, contractors and subcontractors shall be
competent and careful workmen skilled in their respective trades. Contractor shall not employ
any person who repeatedly engages In misconduct or is incompetent or negligent in the due and
proper performance of his duties or has been convicted of any crime of moral turpitude. The
City shall retain the right to require the Contractor to remove any employee who is guilty of
misconduct toward the public or is in any way discourteous to the public. This work is being
performed for the public benefit and it is necessary that it be performed in an acceptable manner
and at a satisfactory rate of progress. Contractor shall at all times maintain its equipment in a
clean, serviceable condition. All equipment shall be properly licensed and inspected and clearly
marked with the Contractor's name and telephone number.
17. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall have the right to subcontract for the provision of any Improvements and
Services authorized hereunder so long as the subcontract is in writing and the Administrator
approves such subcontract in writing prior to provision of the subcontracted Improvements and
Services. The existence of a subcontract shall not relieve Contractor of any responsibility or
liability to the City under this Agreement. Otherwise, Contractor may not assign, transfer or
convey any of its duties and responsibilities under this Agreement to another party without the
advance written approval of the City and execution by such party of a written agreement with the
City under which such party agrees to be bound by the duties and obligations of Contractor
under this Agreement.
18. DEFAULT.
All terms, conditions and provisions of this Agreement shall be considered material, and
Contractor's failure to perform any part of this Agreement shall constitute an event of default
hereunder. Should the Contractor fail to fully cure any default hereunder within fourteen (14)
calendar days after receipt from the City of written notice of the default (or, provided that
Contractor has diligently commenced and continuously attempted cure within such time, such
additional time as may be reasonably necessary to fully cure the default), the City may, at its
option and in addition to any other remedies available to it under law or in equity, terminate this
Agreement by providing written notice to Contractor. Notwithstanding the foregoing, City may
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
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Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
unless specified otherwise in the City's termination notice. The City shall pay for any such work
in progress that is completed by Contractor and accepted by the City.
19. COOPERATION WITH CITY.
Contractor shall, at such time and in such form as City may require, furnish periodic
information concerning the status of the project and such other statements, certificates and
approvals relative to the project as may be requested by the City. Contractor shall meet with the
Administrator or other City officials as may be requested to discuss any aspect of this
Agreement
20. BOOKS AND RECORDS; AUDITING RIGHTS.
Contractor shall maintain complete and accurate records with respect to all expenditures
and costs incurred for all Improvements and Services provided hereunder All such records shall
be maintained on a generally accepted accounting basis and shall be clearly identified and
readily accessible to the City. Contractor shall provide representatives of City or its appointees
free access to such books and records, at all proper times, in order that they may examine and
audit the same and make copies thereof. Contractor shall further allow the City and its
representatives to make inspections of all work data, documents, proceedings and activities
related to this Agreement. Such right of access and audit shall continue for a period of three (3)
years from the date of final payment under this Agreement. The City shall also have the right to
conduct a performance audit and evaluation of Contractor at such times as the City deems
necessary. Contractor shall fully cooperate with any such perfoiinance 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 perfoiinance audit.
21. NOTICES.
Any notices bills, invoices or reports required by this Agreement shall be conclusively
determined to have been delivered three (3) business days after deposit in the United States mail,
in a sealed envelope with sufficient postage attached, to the addresses listed below or such other
addresses as may from time to time be provided to the other party:
City:
City of Fort Worth
Attn: PID Administrator
Housing and Economic Development
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
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Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
Contractor:
Premier Communities Management Company
Attn. Cindy Huey, President
The Centrum
3102 Oak Lawn Avenue, Suite 202
Dallas, TX, 75219-4241
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.
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Management and Improvement Services Agreement
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PID 6 (Park Glen)
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.
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Management and Improvement Services Agreement
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PID 6 (Park Glen)
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:
B
Assistant City Manager
PCMC, INC., a Texas corporation d/b/a
PREMIER COMMUNITIES PROPERTY
MANAGEMENT:
By:
Cindy C
Presiden
Date: Date: 719/ -5//V
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Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
h.3AL
CITY SECRETARY
FT WORM, ., TX
ATTEST:
By: By:
Marty Hendrix ' Name:
City Secretary Title:
APPROVED AS TO FORM AND LEGALITY:
Peter Vaky
Assistant City Attorney
M&C: BH-255 9-14-10
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Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
OFFICIAL & ORD
CITY SECRETARY
Ft WORTH, TX
EXHIBITS
"A" — Service Plan and Budget for the District
"B" — Additional Services to be Provided by Contractor
Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
Exhibit "A"
City of Fort Worth
FIVE YEAR SERVICE PLAN
Public Improvement District No. 6 - Park Glen
REVENUES
Assessment Revenues
City Reimbursement
Prior Years' Assessments
Total Revenues
EXPENSES
Management Fee
Water
Utilities
Landscape/Tree Maintenance
Trash Removal
Fence Maintenance
Holiday Lighting
Security Patrols
Communications\Newsletters
Public Events
Capital Improvements
Replacements
Insurance
Annual Review (Audit)
City Administration Fee
Budget Expenses
Estimated Operating Reserve
Total Expense
FY 10/11
Budget
1 158,683
136,558
436,636
$1 731,877
100,246
230,368
15,570
578,438
19,471
118,250
15,532
126,038
18,853
25,000
89,432
10,000
19,693
2,001
23,174
$1,392,066
339,811
$1,731,877
FY 11/12 FY 12/13
Budget Budget
1,170,270
139,289
339,811
$1,649,370
104,256
234,975
15 882
579,605
19,471
94,183
15,572
127,298
19,041
26,000
20,416
10,000
19,890
2,021
23,405
1,181,973
132 797
337 354
$1,652,124
108,426
239,675
16,199
581,188
19,471
94,183
15,728
128,571
19,232
26,000
12,303
10,000
20,089
2,041
23,639
FY 13/14
Budget
1,193,792
135,453
335,379
$1,664,624
112,763
244,468
16 523
583,554
19,471
94,183
15,885
129,857
19,424
26,000
10,376
10,000
20,290
2,062
23,876
$1,312,016 $1,316,745 $1,328,731
337 354 335,379 335,893
$1,649,370 $1,652,124 $1,664,624
FY 14/15
Budget
1 205,730
138,162
335,893
$1,679,785
117,274
249,358
16,854
585,951
19,471
94,183
16,044
131,156
19,618
26,000
10,671
10,000
20,493
2 082
24,115
$1,343,268
336,517
$1,679,785
Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
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 Housing and Economic
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;
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;
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
(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.
(f)
(g)
Management and Improvement Services Agreement
with Premier Communities Management Company
PID 6 (Park Glen)
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/14/2010 - Ord Nos. 19313-09-2010, 19314-09-2010,
19315-09-2010
DATE: Tuesday, September 14 2010 REFERENCE NO.: BH-255
LOG NAME: 17PIDO6BENHEAR2010
SUBJECT:
Conduct a Public Benefit Hearing for Fort Worth Public Improvement District 6 Concerning the Proposed
Budget and Five —Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special
Assessments for 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 Premier Communities Management Company to Manage the District (Park
Glen) (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public benefit hearing concerning the proposed special assessments on property located in Public
Improvement District 6 (Park Glen PID) for Fiscal Year 2010-2011;
2. Approve the attached Fiscal Year 2010-2011 budget and five—year service plan for the Park Glen PID;
3. Adopt the attached ordinance levying special assessments on property located in the Park Glen PID subject
to assessment for the 2010 tax year;
4. Authorize the transfer of $136,558 00 from the General Fund to the Special Assessment District Fund
(Public Improvement District 6 Fiscal Year 2010-2011 Project Account) for the City's payment in —lieu of
services;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$1,295,241.00 in the Special Assessment District Fund (Public Improvement District 6 Fiscal Year
2010-2011 Project Account) from available funds;
6. Authorize the transfer of $23,174.00 for administrative fees from the Special Assessment District Fund
(Public Improvement District 6 Fiscal Year 2010-2011 Project Account) to the Special Trust Fund
contingent upon the adoption of the proposed ordinance levying assessments;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special
Trust Fund by $23,174 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 Park Glen PID during Fiscal Year 2010-2011 for the
sum of $100,246.00.
DISCUSSION:
On September 22, 1998, the City Council adopted Resolution No. 2453 establishing Public Improvement
District No 6 (Park Glen PID)
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 Park Glen PID's fund.
On August 24, 2010, (M&C BH-248) the City Council conducted a public hearing to receive comments on
the proposed 2010-2011 Fiscal Year budget and five—year service plan and budget for the PID Notice of
this benefit hearing was published in the newspaper and mailed to all record owners of property in the Park
Glen 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
$100,246.00
Management
Fee
Water
$230,368.00
Utilities
$15,570.00
$578,438.00
Landscape/Tree
Maintenance
$19,471.00
Trash
Removal
$118,250.00
Fence
Maintenance
Holiday
Lighting
$15,532.00
Security
Patrols
$126,038.00
$18,
853.00
Communications/Newsletters
Public
Events
$25,000.00
Capital
Improvements
$89,432.00
Replacements
$10,000.00
Insurance
$19,693.00
Annual
Review (Audit)
$2,001.00
City
Administration
Fee
$23,174.00
Budget
Expenses
$1,392,
066.00
$339,811.00
Estimated
Operating
Reserve
$1,731,877.00
Total
Expenses
The total budgeted costs of the improvements and services are $1,731,877.00. Of this amount, $1,158,683.00
will be funded by assessments collected on privately owned parcels located in the district by applying a rate
of $0.175 cents to each $100 00 of property value for residential property and $.035 cents to each $100.00 of
property value for commercial property. The remainder of the costs, $573,193.00 will be funded by other
revenue sources, including $136,558.00 in a direct payment from the City for payment in lieu of services; and
$436,636.00 from prior years' assessments and revenues.
The Park Glen PID is located in COUNCIL DISTRICT 4.
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
7)FE72 511010 017587001000
6) 7) FE72 481306 017587001000
4)5) GS87 488010 002506002000
5) GS87 488342 002506002000
5) GS87 539120 002506002000
$23,174.00
$23,174.00
$136,558.00
$1,158,683.00
$1,295,241.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 17PIDO6BENHEAR 2010 Rec5 doc
2. 17PIDO6BENHEAR 2010 Rec7.doc
3. 17PID6—FY 11 Budget. xls
4. PID6 2010 benefit Hearing Ordl.rtf
FROM Fund/Account/Centers
6) GS87 539120 002506002000
8) GS87 539120 002506002000
4) GG01 539120 0801000
Thomas Higgins (6192)
Jay Chapa (5804)
Sylvia Flores (8550)
$23.174.00
$100,246.00
$136.558.00