HomeMy WebLinkAboutContract 54823 CSC No. 54823
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. I(Downtown)
This MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT ("Agreement")
is made and entered into by and between the CITY OF FORT WORTH("City"),a home rule municipal
corporation organized under the laws of the State of Texas acting by and through its duly authorized
Assistant City Manager, and DOWNTOWN FORT WORTH, INC., a Texas nonprofit corporation,
("Contractor")acting by and through Andy Taft,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 June 23,2009,
the City Council of the City of Fort Worth adopted Resolution No.3756-06-2009 reestablishing Fort Worth
Public Improvement District No. 1 ("District");
WHEREAS,the City is authorized to utilize the District to undertake improvements and services
that confer special benefits on the part of the City within the District;
WHEREAS,the City Council is authorized to levy and collect special assessments on property in
the District,based on the special services conferred by the improvements and services,to pay the cost of
such improvements and services;
WHEREAS, 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;
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;
WHEREAS, Contractor wishes to assist the City by providing, furnishing, or performing such
improvements and services; and
NOW,THEREFORE,for and in consideration of the mutual covenants,promises,and agreements
contained herein,the City and Contractor do hereby covenant and agree as follows:
AGREEMENT
1. ENGAGEMENT OF CONTRACTOR.
1.1 The City hereby engages the Contractor, and the Contractor hereby agrees to provide,
furnish,oversee,or perform in accordance with this Agreement the improvements and services set forth in
Section 2 for the City's 2020-2021 fiscal year(October 1,2020—September 30,2021)(-Fiscal Year").
2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT.
2.1. Scone of Contractor's Duties. Contractor will provide or cause to be provided those
improvements and services ("Improvements and Services") set forth and subject to the Budget and
Service Plan for the District, as approved by the City Council for this Fiscal Year("Budget and Service
Management and Improvement Services Agreement OFFICIAL RECORD
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CITY SECRETARY
FT.WORTH, TX
Plan") (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
will 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 all applicable laws and the policy and
guidelines set forth in the Policy for Operating Public Improvement Districts adopted by
the City Council pursuant to Resolution No. 4905-02-2018 ("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 Budget and Service Plan for the first five (5) years following the fiscal
year covered by this Agreement, to be adopted by the advisory body for the District or
other entity designated by the City and approved by the City Council, with any proposed
Budget and Service Plan to include,at the very least,the following:
i. Detailed,line item budget of the Management Fee(as defined hereinafter);
ii. Summary of Improvements and Services provided in the prior year and highlights of
accomplishments;
iii. Plans for Improvements and Services over the next five years with highlights of major
investments and expenditures;
iv. If the plan calls for major investments and expenditures to include capital
improvements as defined by the City's Capital Asset Policy, a project plan associated
with the acquisition, design,and construction,of the project is also required.
v. Projections of assessment rates; and
vi. If rates for property types(i.e., commercial versus residential) are different within the
District, the Contractor must compute the benefit/expense ratio ensuring the amount
paid by types of property is relative to the benefit received.
(e) Maintain a full and accurate accounting of disbursements for reimbursement from District
revenues and all other financial reporting requirements set forth in the PID Policy,
including, but not limited to, maintaining and providing original receipts for services
performed under the Budget and Service Plan.
(f) Comply with all other duties and responsibilities set forth in the PID Policy.
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(g) Coordinate with the Administrator (as hereinafter defined) to receive advance written
approval by the Director of the City's Park and Recreation Department or his/her designee
prior to any authorized construction or maintenance of capital improvements in any
dedicated City park. Adherence to the City's capital improvements application process, as
set forth by the City's Park and Recreation Department must be followed.
(h) Publish a newsletter(once per quarter in a month that does not contain a quarterly meeting
set out below) for property owners within the District, informing them of news that is
pertinent to the District, including, without limitation, upcoming meetings and events,
project updates, future projects,and the like.
(i) Conduct quarterly meetings for the property owners within the District,which will include,
at a minimum: a published agenda; updates on activities occurring within the District;
overview of upcoming events and activities within District; financial updates (i.e.,budget
and year-to-date revenues and expenditures); and educational topics that benefit people
within the District.
(j) Create and maintain a dedicated District website that includes specific information about
the District,including without limitation,the following:
i. Resolutions passed by the City of Fort Worth Mayor and City Council establishing the
District;
ii. Map of the District;
iii. Contact information for the Contractor and the Administrator, including e-mail
addresses and phone numbers;
iv. Updates on major activities and events occurring within the District;
v. District meeting schedule for the fiscal year, including times and locations;
vi. Current budget of the District;
vii Current Five-Year Service and Assessment Plan;
viii.Current year's assessment ordinance; and
(k) Ensure that a live person is available to answer phone calls from property owners,residents,
and occupants of the District and emails regarding services, activities, and general PID
questions between normal or posted business hours(Monday through Friday from 8:00 am
to 5:00 pm). The Contractor must return any phone calls and messages within 48 hours.
(1) If Contactor receives any non-assessment revenue generated from the District, including,
but not limited to, event sponsorships, banner programs, and advertisements, then the
Contractor is responsible for ensuring that any such revenue is provided to the City to be
receipted into the respective District fund. Contractor must submit such revenue on a
monthly basis with the required report set forth in Section 6.3.
(m)As part of the annual external audit or annual review set out in the Budget and Service
Plan,Contractor must timely respond to inquiries and requests for information and provide
all relevant documents,data,and information that relate to District's business and activities
that enable the external audit engagement to be completed. External audits will only be
required where District assessment revenue exceeds$150,000.00;however,pursuant to the
PID Policy,all records maintained by the Contractor are subject to review and audit by the
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city personnel and external auditors at any time. Where District assessment revenue is
$150,000.00 or less, the Contractor will be subject to an Agreed Upon Procedure (AUP)
engagement by an outside auditor, where a sample of the expenses will be selected and
tested for inclusion in the budget and service plan. For external audits,the external auditor
will be selected by the City and will be engaged to provide, at a minimum, an opinion of
the Contractor on the following activities:
i. Financial statements;
ii. All expenses paid by the Contractor were compliant with this Agreement, including,
but not limited to, all applicable laws (i.e., Chapters 252 and 372 of the Texas Local
Government Code);
iii. Compliance with all procurement laws,rules,and regulation,including,but not limited
to,City and State of Texas;
iv. Compliance with the PID Policy, as amended from time-to-time; and
v. Contractor's delivery of the Improvements and Services outlined within the Budget and
Service Plan.
(n) Review the monthly financial reports to ensure compliance with the City's standards on
budgetary controls and month-to-date and year-to-date expenditures. Contractor will not
overspend any annual appropriation or end the year with expenditures exceeding available
resources(revenue plus spendable fund balance).
(o) Complete a fiscal review at mid-year, in conjunction with the Administrator, of the
District's revenue and expenditure activity and project year-end spend to ensure
compliance with City's Fiscal Policies such that expenditures will not exceed
appropriations and expenditures will not exceed available resources (revenue plus
spendable fund balance).
(p) Identify, apply, receive, monitor, and comply with external grant opportunities that
facilitate the furtherance of the activities and goals of the District in accordance with the
City's Grant Management Policies and Procedures. All grants must be approved by the
City prior to being accepted by the Contractor.
(q) Designate one of its employees to be the primary District manager. Nothing contained in
this subsection is intended to prohibit the designated employee from performing other job
functions on behalf of or for the Contractor.
(r) Participate in meetings of City of Fort Worth departments of Financial Management
Services, Park and Recreation, Transportation and Public Works, and Internal Audit to
coordinate District activities.
(s) Provided that the City has appointed an advisory body pursuant to Section 372.008(b) of
the Texas Local Government Code,participate in all District advisory body meetings and
update advisory body members on budget, security patrols,landscaping,City coordination
issues, and other matters. At the request of the Contractor's president, arrange for guest
presenters to attend meetings.
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(t) Maintain a full and accurate accounting of disbursements for reimbursement from District
revenues,providing the District advisory body or other entity selected by the City with a
monthly accounting statement.
(u) Maintain complete set of all available historical records of all District activity to include
resolutions, minutes of meetings, and agreements/contracts with other entities, grant
applications,etc. from the beginning of the District to present.
(v) Work with all District committees to coordinate and handle all details associated with
public events that are sponsored by District.
(w)The payment-in-lieu of services("PILOS")that is set forth in the Budget and Services Plan
is intended to act as supplementary funding to provide for the standard level of
improvements and services within the PID as comparable to what would be provided by
the City for the taxpayers generally. PILOS funding may not be used to fund any
improvements or services that go beyond the standard level provided by the City (i.e.,
enhanced).
(x)_Contractor will work with the City's Park and Recreation Department ("PARD") to
develop a maintenance allocation plan to ensure that the PILOS are used in accordance
with the Budget and Service Plan. Any improvements and services not covered by the
Budget and Service plan will be the responsibility of the City with the understanding that
the City is not obligated to perform any improvements and services not authorized by the
City Council or City Management.
(i) In addition to the PILOS, the PARD may perform the following maintenance
within City-owned parks:
A. Fiber installation
B. Pedestrian bridge repairs—includes addressing erosion around abutments
C. Trail and court repairs — replacing broken concrete panels, addressing
trip hazards or unsafe concrete conditions
D. Routine inspections&repairs to play equipment—includes vandalism
E. Repairs to basketball goals
F. Repairs to shelters(pavilions)
G. Repairing/replacing park signs — only those that have been installed by
PARD or under the direction of PARD
H. Repair lights
1. Repair Backstops
J. Repair tennis nets or replace nets and fence repair
K. Restripe parking lots
(y) Comply with all duties and responsibilities set forth in Exhibits"B","C",and"D",which
are attached hereto and made a part of this Agreement for all purposes; and
2.2. Standard of Care; Nature of Relationship. Contractor will commence, carry on, and
provide the Improvements and Services with all practicable dispatch,in a sound,economical,and efficient
manner, in accordance with this Agreement and its attachments and all applicable laws. Contractor must
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ensure that any work on the Improvements and Services is properly coordinated with related work being
performed by the City. Contractor represents that it has, or will secure, at its own expense, all materials,
supplies, machinery, equipment, accessories, and services necessary to provide the Improvements and
Services. Unless otherwise specifically provided herein, all of the Improvements and Services will be
performed by the Contractor or under the Contractor's supervision.All personnel engaged by the Contractor
must be fully qualified to perform those Improvements and Services delegated to them.
2.3. Security Personnel.
(a) In the event Contractor employs security personnel as a part of providing Improvements
and Services under this Agreement,Contractor hereby assumes sole responsibility for any
and all acts or omissions of security personnel in the performance of their responsibilities
hereunder. Security personnel shall include, but not be limited to, any employee, agent,
representative, security officer, or off-duty Fort Worth Police officer hired by the
Contractor- to provide Security Services within the District. '`Security Services" shall not
include any duties or responsibilities related to the Ambassador Program (as defined in
Exhibit C), running radar on drivers, writing parking citations, investigating crimes, or
other job functions normally performed by on-duty police officers. Contractor shall bear
sole responsibility,if any, for reporting its payment for each security personnel's services
as taxable income to the Internal Revenue Service.
(b) If Contractor employs off-duty Fort Worth police officers to provide Security Services,the
parties understand, acknowledge, and agree that, while performing Security Services for
the Contractor under this Agreement, the off-duty officers are not considered employees
of the City of Fort Worth, except as provided herein. Contractor shall direct residents to
call 911 in the case of an emergency. Off-duty Fort Worth police officers working for the
Contractor shall not answer calls for police service from Police Department dispatchers
except in the event of a life-threatening emergency, in which case the off-duty officer
would then be considered"on-duty"and working as an employee of the City of Fort Worth.
If the off-duty officer becomes aware of a situation that warrants immediate police action
within the District,he or she can take police action while also advising on-duty officers of
the situation. Responsibility for the incident will be transferred to an on-duty officer as
soon as one reaches the scene. Should off-duty Fort Worth police officers be used by
Contractor to provide Security Services,reimbursement by the City for such services shall
be done on forms and in a manner proscribed by the City.
(c) Notwithstanding anything to the contrary in this Section 2.3,the City reserves the right, at
any time and for any reason, to remove the administration of security services from the
scope of the Contractor's work, either in whole or in part. In the event the City exercises
this provision,the Administrator will provide the Contractor with written notice at least ten
(10)calendar days prior to assuming such administrative obligations.
3. CITY'S DUTIES AND RESPONSIBILITIES.
3.1 The City will provide the following services in connection with the operation of the District
and the Contractor's performance under this Agreement:
(a) Levying and collecting assessments and recording the same in a separate revenue account;
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(b) Making payments to Contractor from special assessment revenues and other District
revenues;
(c) Maintaining a standard level of services in the District comparable to what would be
provided for the taxpayers generally;
(d) Maintaining complete and detailed records concerning any expenditure of special
assessment revenues and other District revenues, which are made through City
departments,boards,or agencies;
(e) Retaining and expending revenues from special assessments, penalties, interest, and
investment income thereon solely in the District;
(f) Preparing an annual report of delinquent property assessments and liens thereon to be
assigned to the City's delinquent tax collection attorney;
(g) Making regular reports concerning delinquent assessments and making billings thereon as
necessary;
(h) Producing an annual assessment roll of property owners and property within the District;
(i) Adopting the annual budget of the District;
(j) Providing monthly budget to actual reports to the Contractor to facilitate a review of
month-to-date and year-to-date financial activity; and
(k) Reporting and publishing the financial activity of the District in the City's audited financial
statements.
3.2 Contractor understands and acknowledges that the District is not a separate legal entity;
therefore, Contractor agrees that it will not create ownership of anything under the name of the District,
including,but not limited to, assets,bank accounts, and insurance policies.
4. AMENDMENTS.
4.1 This Agreement may not be amended unless executed in writing by both parties.
5. TERM.
5.1 This Agreement is effective beginning on October 1,2020("Effective Date")and,unless
terminated earlier in accordance with this Agreement, expires on the later of September 30, 2021 or the
date that all obligations of the City and Contractor have been met in accordance with the terms herein
("Term").
6. FUNDING.
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6.1. Management Fee. As full compensation for the provision of all Improvements and
Services during the term of this Agreement, City will pay the Contractor a management fee of Four
Hundred Seventy-Six Thousand Nine Hundred Fifty Dollars and No Cents ($476,950.00) in equal
monthly installments (`Management Fee"). This amount is reflected in the Budget and Service Plan as
the 'Management Fee" and includes any and all insurance costs and administrative costs incurred by the
Contractor to perform its duties and responsibilities under this Agreement, including, but not limited to,
rent,office space,telephone charges(wired and wireless),office and general supplies,employee insurance,
salaries, clerical costs, project management fees and costs, staff expenses, professional development,
training,education, and the like.
6.2 Improvements and Services. City will reimburse the Contractor all actual and necessary
expenses incurred to perform the Improvements and Services, exclusive of the Management Fee,up to the
amount of each respective line item in the Budget and Service Plan.
6.3 Process for Payment. To receive payment under this Agreement, on or before the tenth
(10')day of each month that this Agreement is in effect,beginning in November of 2020,Contractor must
submit a written report to the Director of the City's Financial Management Department or that person's
authorized designee("Administrator")detailing the Improvements and Services provided by Contractor for
the prior month, inclusive of the monthly Management Fee, and any non-assessment revenue received by
the Contractor. If the tenth (10') of the month falls on a weekend or City holiday, then the deadline will
be extended to the next day that the City is open for regular business.
(a) The written report must include documentation sufficiently demonstrating to the
Administrator any sums paid by Contractor,a summary of any amounts awarded to vendors
for contracts,year-to-date payments,any revenues received from non-assessment revenue,
and any other documentation requested by the Administrator. Provided that all such
necessary reports and supporting documentation have been provided to the Administrator,
the City will pay the Contractor for all lawful expenses paid by Contractor within thirty
(30)calendar days of receipt of all such written reports and supporting documentation.
6.4 Notwithstanding anything to the contrary herein, the City will not be required to pay
Contractor any amount that exceeds the then-current balance of District revenues or that is not in accordance
with the Budget and Service Plan for the then-current fiscal year.Contractor must pay or reimburse the City
for any unauthorized expenses incurred that are not in accordance with the Budget and Service Plan for the
then-current fiscal year,unless otherwise approved by the Administrator. City may withhold Management
Fee payments due to the Contractor until such unauthorized expenses are reimbursed. Contractor will be
responsible for all Internal Revenue Service reporting and administration requirements associated with
paying vendors for services provided under the Budget and Service Plan. Contractor will not be reimbursed
for any late fees or interest that accrues as a result of a late payment by the Contractor to a vendor or
subcontractor.
6.5 Work Reports. Contractor must also submit a quarterly work report to the Administrator.
This work report must detail all of the Contractor's significant work activities in the District. The format
of the report must be mutually agreed upon by the Contractor and the Administrator. Notwithstanding
anything to the contrary herein, payments to Contractor may be withheld if the Administrator does not
receive a report in a timely manner. The Administrator reserves the right to verify that the report is complete
and accurate.
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6.6 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 will meet and attempt to negotiate an
amendment to this Agreement so that the scope of Improvements and Services may be reduced to
correspond to the amount of District funds that are available or are anticipated to become available. If such
an amendment cannot be successfully negotiated,Contractor will have the right to pay the deficit(on a non-
reimbursable basis),in which case this Agreement will continue in effect. If such an amendment cannot be
successfully negotiated and Contractor does not elect to fund the deficit, either party may terminate this
Agreement upon thirty(30)days' advance written notice to the other party.
7. DISCRIMINATION PROHIBITED.
7.1 Contractor, in the execution, performance, or attempted performance of this Agreement,
will not discriminate against any person or persons because of sex, race, religion, color, national origin,
sexual orientation or familial status, nor will the Contractor permit its officers, agents, employees or
subcontractors to engage in such discrimination. This Agreement is made and entered into with reference
specifically to the ordinances codified at Chapter 17,Article 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.
8. BUSINESS DIVERSITY ENTERPRISE ORDINANCE
8.1 In accordance with City of Fort Worth Ordinance No. 20020-12-2011, effective June 1,
2012, the City has established goals for the participation of Minority Business Enterprises ("MBEs") and
Small Business Enterprises ("SBEs") in City contracts. Contractor must comply, and require that its
subcontractors comply, with the terms of this ordinance and any amendments thereto. Failure by the
Contractor to comply, or to require its subcontractors to comply, with such ordinance will constitute a
breach of this Agreement and be grounds for termination of this Agreement by the City.
9. CONTRACTOR LIABILITY.
9.1 Contractor hereby assumes full liability for any damages to any public or private property
due to the negligence or willful misconduct of Contractor,its subcontractors,agents,permitees,or assigns.
10. LIABILITY OF CITY; PERSONAL LIABILITY OF PUBLIC OFFICIALS.
10.1 No employee of the City, nor any other agent or representative of the City, will be
personally liable for any damages caused by Contractor, its officers, agents, servants, employees,
contractors and subcontractors or any other liabilities of Contractor under this Agreement or otherwise
related to this Agreement. It is further expressly agreed that the City will not be liable or responsible for
any damages caused by Contractor,its officers,agents,servants,employees,contractors and subcontractors
or any other liabilities of Contractor under this Agreement or otherwise related to this Agreement,nor will
the City be liable or responsible to Contractor or any other person for or on account of any stoppage or
delay in the work herein provided for by injunction or other legal or equitable proceedings, or from or by
or on account of any delay for any cause over which the City has no control.
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11. INDEMNIFICATION.
11.1 CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR
CLAIMS FOR DAMAGES OR INJURIES,INCLUDING,BUT NOT LIMITED TO,DEATH, TO ANY
AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH ANY ACT OR OMISSION ON THE PART OF THE CONTRACTOR,ITS
OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES, EMPLOYEES, OR
SUBCONTRACTORS,AND THE CONTRACTOR D OES HEREB Y ASS UME ALL LIABILITY AND
RESPONSIBILITY FOR INJURIES, CLAIMS, OR SUITS FOR DAMAGES TO PERSONS OR
PROPERTY, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
OCCURRING DURING OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT AS
A RESULT OFANYACT OR OMISSION ON THE PART OF THE CONTRACTOR,ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, OR SUBCONTRACTORS. SUCH
INDEMNIFICATION MUST INCLUDE WORKERS' COMPENSATION CLAIMS OF OR BY
ANYONE WHOMSOEVER IN ANY WAY RESULTING FROM OR ARISING OUT OF
CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION HEREWITH,
INCLUDING,BUTNOTLIMITED TO, OPERATIONS OFSUBCONTRACTORS.
11.2 CONTRACTOR MUST LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANYAND ALL INJURY OR DAMAGE TO CITY PROPERTYARISING OUT OF OR IN
CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF CONTRACTOR,ITS OFFICERS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES.
11.3 Insurance coverage specified herein constitutes the minimum requirements and such
requirements will in no way lessen or limit the liability of Contractor under the terms of this Agreement.
12. INDEPENDENT CONTRACTOR
12.1 It is expressly understood and agreed that Contractor and its employees, representative,
agents, servants, officers, contractors, subcontractors, and volunteers will operate as independent
contractors as to all rights and privileges and work performed under this Agreement, and not as agents,
representatives or employees of the City. Subject to and in accordance with the conditions and provisions
of this Agreement, Contractor will have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers. Contractor acknowledges that the doctrine
of respondeat superior will not apply as between the City and its officers,representatives,agents, servants,
and employees, and Contractor and its employees, representative, agents, servants, officers, contractors,
subcontractors, and volunteers. Contractor further agrees that nothing herein will be construed as the
creation of a partnership or joint enterprise between City and Contractor. It is further understood that the
City will in no way be considered a Co-employer or a Joint employer of Contractor or any employees,
representative,agents, servants,officers,contractors,subcontractors,and volunteers of Contractor.Neither
Contractor,nor any officers,agents, servants,employees or subcontractors of Contractor will be entitled to
any wages or employment benefits from the City. Contractor will be responsible and liable for any and all
payment and reporting of taxes on behalf of itself, and any of employees,representative, agents, servants,
officers,contractors, subcontractors,and volunteers
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13. INSURANCE.
13.1 Contractor will not commence work under this Agreement until it has obtained and
received approval from the City of all insurance coverage required hereunder. Contractor will be
responsible for delivering to the Administrator a certificate or certificates of insurance demonstrating that
Contractor has obtained the coverages required under this Agreement. The minimum insurance required
of Contractor,throughout the term of this Agreement,is as follows:
(a) WORKER'S COMPENSATION INSURANCE: Contractor must maintain statutory
Worker's Compensation Insurance on all of its employees to be engaged in undertaking
any Improvements and Services hereunder. In case any class of employees engaged in
hazardous work under this Agreement is not protected under the state's Worker's
Compensation statutes, Contractor must provide adequate employer's general liability
insurance for the protection of such employees not so protected.
(b) COMPREHENSIVE GENERAL LIABILITY INSURANCE: Contractor must maintain a
commercial general liability insurance policy in an amount of not less than $1,000,000
covering each occurrence with an aggregate limit of not less than $2,000,000.
(c) AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE:
Contractor must maintain comprehensive automobile liability coverage in an amount not
less than$1,000,000 for each accident. This policy must cover any automobile used in the
provision of Improvements and Services under this Agreement.
13.2 Additional Requirements.
(a) Where applicable, insurance policies required herein must be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties must include
employees,representatives,officers, agents,and volunteers of City.
(b) The Workers' Compensation Insurance policy must be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City. Such
insurance must cover employees performing work on any and all projects. Contractor or
its contractors must maintain coverages, if applicable. In the event the respective
contractors do not maintain coverage, Contractor must maintain the coverage on such
contractor, if applicable,for each applicable contract.
(c) Any failure on the part of City to request certificate(s) of insurance will not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
(d) Insurers of Contractor's insurance policies must be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do
business in the state of Texas. Insurers must be acceptable to City insofar as their financial
strength and solvency and each such company must have a current minimum A.M. Best
Key Rating Guide rating of A : VII or other equivalent insurance industry standard rating
otherwise approved by City.
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(e) The insurer be represented by an agent or agents having an office located within the Dallas-
Fort Worth metropolitan area.Each such agent must be duly qualified,upon whom service
of process may be had,and must have authority and power to act on behalf of the insurance
company to negotiate and settle with the City, or any other claimant, any claims that the
City,or any other claimant,or any property owner who has been damaged may have against
the Contractor or insurance company. The name of the agent or agents will be set forth on
all certificates of insurance.
(f) Deductible limits on insurance policies must not exceed $10,000 per occurrence unless
otherwise approved by City.
(g) In the event there are any local, federal or other regulatory insurance or bonding
requirements for Contractor's operations, and such requirements exceed those specified
herein,the former will prevail.
(h) Contractor must require its contractors and subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor must
require its contractors and subcontractors to provide Contractor and City with certificate(s)
of insurance documenting such coverage. Also,Contractor must require its subcontractors
to have City and Contractor endorsed as additional insureds(as their interest may appear)
on their respective insurance policies.
(i) All policies must provide that they may not be changed or canceled by the insurer in less
than five (5) business days after the City has received written notice of such change or
cancellation. Such insurance amounts may be revised upward at City's request, and
Contractor must revise such amounts within thirty(30) calendar days after receipt of such
request.
14. TAXES.
14.1 Contractor must pay all federal, state, and local taxes that may be chargeable on any
Improvements and Services provided hereunder or otherwise in relation to Contractor's duties and
obligations hereunder.
15. PERMITS AND LICENSES.
15.1 Contractor must obtain or cause any of its contractors and subcontractors to obtain and pay
for any necessary permits and licenses,whether issued by the state,county or City,before proceeding with
any work hereunder that requires any such permits.
16. CHARACTER OF WORK AND OPERATIONS.
16.1 Contractor and Contractor's employees,contractors,and subcontractors must be competent
and careful workmen skilled in their respective trades. Contractor will not employ any person who
repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of its
duties or has been convicted of any crime of moral turpitude. The City retains the right to require the
Contractor to remove any employee who is guilty of misconduct toward the public or is in any way
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 12 of 22
discourteous to the public. This Improvements and Services are being performed for the public benefit,
and it is necessary that it be performed in an acceptable manner and at a satisfactory rate of progress.
16.2 Contractor must, at all times,maintain its equipment in a clean and serviceable condition.
All equipment must be properly licensed and inspected and clearly marked with the Contractor's name and
telephone number.
17. ASSIGNMENT AND SUBCONTRACTING.
17.1 Contractor will have the right to subcontract for the provision of any Improvements and
Services authorized hereunder so long as the subcontract is in writing. Contractor must provide the
Administrator with a final executed copy of all subcontracts. The existence of a subcontract will not relieve
Contractor of any responsibility or liability to the City under this Agreement. Otherwise, Contractor may
not assign,transfer, or convey any of its duties and responsibilities under this Agreement to another party
without the advance written approval of the City and execution by such party of a written agreement with
the City under which such party agrees to be bound by the duties and obligations of Contractor under this
Agreement.
18. TERMINATION.
18.1 All terms, conditions, and provisions of this Agreement are considered material, and
Contractor's failure to perform any part of this Agreement constitutes an event of default hereunder. Should
the Contractor fail to fully cure any default hereunder within fourteen(14) calendar days after receipt from
the City of written notice of the default (or, provided that Contractor has diligently commenced and
continuously attempted cure within such time,such additional time as may be reasonably necessary to fully
cure the default),the City may,at its option and in addition to any other remedies available to it under law
or in equity,terminate this Agreement by providing written notice to Contractor.
18.2 Notwithstanding the foregoing, City may terminate this Agreement for any reason upon
thirty(30) calendar days' prior written notice to Contractor. In the event of any termination, any work in
progress will continue to completion unless specified otherwise in the City's termination notice. The City
will pay for any such work in progress that is completed by Contractor and accepted by the City.
19. COOPERATION WITH CITY.
19.1 Contractor must, at such time and in such form as City may require, furnish periodic
information concerning the status of the Improvements and Services and such other statements,certificates,
and approvals relative to the same as may be requested by the City. Contractor must meet with the
Administrator or other City officials as may be requested to discuss any aspect of this Agreement.
20. BOOKS AND RECORDS; AUDITING RIGHTS.
20.1 Contractor must maintain complete and accurate records with respect to all expenditures
and costs incurred for all Improvements and Services provided hereunder. All such records must be clearly
identified and readily accessible to the City. Contractor must provide representatives of City or its
appointees free access to such records, at all proper times, in order that they may examine and audit the
same and make copies thereof. Contractor must further allow the City and its representatives to make
inspections of all work data, documents,proceedings, and activities related to this Agreement. Such right
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 13 of 22
of access and audit will continue for a period of three (3) years from the expiration or termination under
this Agreement. The City will also have the right to conduct a performance audit and evaluation of
Contractor at such times as the City deems necessary. Contractor must fully cooperate with any such
performance audit. The City may employ consultants at the City's expense to assist City in such
performance audit. Contractor agrees to give the City and its consultants access to all reports, data,
schedules and other relevant information that may be required to conduct such performance audit.
20.2 Contractor further agrees to include in any contractor and subcontractor agreements
hereunder a provision to the effect that the contractor and subcontractors agree that the City will,until the
expiration of three (3)years after the expiration or termination of the contract or subcontract,have access
to and the right to examine any directly pertinent books,documents,papers,and records of such contractor
or subcontractor involving transactions of the contract or subcontract,and further that City will have access
during normal working hours to all contractor and subcontractor facilities and will be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.
City will give the contractor and subcontractor reasonable advance notice of intended audits.
21. NOTICES.
21.1 Any notices, bills, invoices, or reports required by this Agreement will be conclusively
determined to have been delivered three(3)business days after deposit in the United States mail,in a sealed
envelope with sufficient postage attached,to the addresses listed below or such other addresses as may from
time to time be provided to the other party:
City: Contractor:
City of Fort Worth Downtown Fort Worth, Inc.
Attn: PID Administrator Attn: Andy Taft,President
Financial Management Services Dept. 777 Taylor St., Suite 100
200 Texas Street Fort Worth,TX 76102
Fort Worth,Texas 76102-6311
Copy to:
City Attorney,at the same address.
22. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
22.1 This Agreement is subject to all applicable federal, state, and local laws,ordinances,rules
and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as
amended.
22.2 Company is also subject to the City's Donations Policy and Records Retention Schedule,
which the City will make available upon request.
23. GOVERNMENTAL POWERS.
23.1 It is understood that by execution of this Agreement,the City does not waive or surrender
any of it governmental powers or immunities.
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 14 of 22
24. NO WAIVER.
24.1 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder does not constitute a waiver of that party's right to
insist upon appropriate performance or to assert any such right on any future occasion.
25. VENUE AND CHOICE OF LAW.
25.1 If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement,venue for such action will lie in state courts located in Tarrant County,Texas
or the United States District Court for the Northern District of Texas — Fort Worth Division. This
Agreement will be construed in accordance with the laws of the State of Texas.
26. NO THIRD PARTY RIGHTS.
26.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
Contractor and are not intended to create any rights,contractual or otherwise,to any other person or entity.
27. INTERPRETATION.
27.1 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement will be interpreted fairly and reasonably, and neither more strongly for or
against any party,regardless of the actual drafter of this Agreement.
28. CAPTIONS.
28.1 Captions and headings used in this Agreement are for reference purposes only and will not
be deemed a part of this Agreement.
29. COUNTERPARTS.
29.1 This Agreement may be executed in multiple counterparts, each of which will be
considered an original,but all of which will constitute one instrument.
30. ENTIRETY OF AGREEMENT.
30.1 This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and Contractor as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
31. PROHIBITION AGAINST BOYCOTTING ISRAEL.
31.1 If Contractor has fewer than 10 employees or this Agreement is for less than$100,000,
this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas
Government Code,the City is prohibited from entering into a contract with a company for goods or services
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 15 of 22
unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and
(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"'company' shall
have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing
this contract, Contractor certifies that Contractor's signature provides written verification to the
City that Contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of
the Agreement.
EXECUTED in Fort Worth,Tarrant County, Texas as of the last date indicated below:
CITY OF FORT WORTH: DOWNTOWN FORT WORTH,INC.,
a Texas nonprofit corporation:
Andrew M. Tafl-
By: s J.Chapa(Nov 02012:39 CST By:Andrew M.Taft(Nov 6,202010:59 CST)
Jay Chapa Andy Taft
Deputy City Manager President
Date: Nov 11, 2020 Date: Nov 6, 2020
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ATTEST: p�o� �R�oo ATTEST:
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By: d By:
Batt nEXASoa�
Mary J.Kayser Name:
City Secretary Title:
APPROVAL RECOMMENDED:
Reginald zBno
By.Reginald zeno(Nov 6,20201s:s3 CST) Nov 6,2020
Reginald Zeno
Director of the Finance
APPROVED AS TO FORM AND LEGALITY:
By: 0
Tyler F.Wallach
Assistant City Attorney
M&C: 20-0570
Date: August 25,2020
Form 1295: 2020-653461
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 16 of 22
Contract Compliance Manager:
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
Name of Employee
PID Administrator
Title
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 17 of 22
Exhibit"A"
Budget and Service Plan
City of Fort Worth
Five Year Service Plan
Public Improvement District No.1-Fort Worth
FY20/21 FY21/22 FY22/23 FY23/24 FY24/25
REVENUES
PID Assessments' $2,616,166 $ 2,800,146 $2,856,149 $2,913,272 $2,971,537
COFW Assessment 207,855 212,012 216,252 220,577 224,989
COFW Payment in lieu of Services 152,948 156.007 159,127 162,310 165,556
PID Generated Revenue 132,785 155,000 145,000 145,000 145,000
Total Budgeted Revenues $3,109,754 $ 3,323,165 $3,376,528 $3,441,159 $3,507,082
Use of Fund Balance 114,153 - - - -
Total Revenues $3,223,907 $ 3,323,165 $3,376,528 $3,441,159 $3,507,082
EXPENSES
Management Fee $ 476,950 $ 480,000 $ 496,221 $ 506,144 $ 516.267
Utilities 15,500 15,500 16,124 16,447 16,776
Landscaping/Maintenance 125,000 95.000 129.969 132,567 135,220
Trash Removal 1,242,380 1,240.000 1,279,923 1.305,522 1,331,633
Holiday LightlDeco 30,000 30,000 43,858 44,736 45,631
Security 11,200 11,200 11.745 11,981 12,220
Ambassador Program 680,000 685,000 707,565 721,717 736,150
CommunicationslNewsletters 9,000 9,000 9,364 9,551 9,742
Marketing&Research 399.600 383,445 415,744 424,059 432,540
Transportation&Planning 167,000 160,000 173,747 177,222 180.766
City Audit 2,500 2,500 2,500 2,500 2,500
City Administrative Fee 64,777 66,463 67,531 68,823 70,143
Total Budgeted Expenses $3,223,907 $ 3,178,108 $3,354,291 $3,421,269 $3,489,588
Contribution to Fund Balance $ - $ 145,057 $ 22,237 $ 19,890 $ 17,494
Net Change in Fund Balance $ (114,153) $ 145,057 $ 22,237 $ 19,890 $ 17,494
Estimated Fund Balance,Beginning of Year 506,414 392.261 537.318 559,555 579,445
Estimated Fund Balance,End of Year 392,261 537,318 559,555 579,445 596,939
Reserve Requirement 520,030 537,318 529,685 559,049 570,212
Over(Under)Reserve $ 1127,769) $ - $ 29,870 $ 20,396 $ 26,727
'FY2021 Assessment Rate=$.105
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 18 of 22
Exhibit`B"
Maintenance and Landscavine Proeram
1) Contractor will provide the following maintenance services in the District:
a) Contractor, either directly or by subcontract,will sweep the streets within the District at least two
days a week.
b) Contractor will sweep or high-pressure hot water wash all sidewalks within the District on a regular
basis as frequently as necessary to keep the sidewalks in a clean,stain-free and trash-free condition.
Sidewalks in the high-use or core area of the District will be swept at least once each day by a hand
crew and once each night by mechanized sweepers,air blowers,or high-pressure water hoses. Core
area sidewalks will also be high-pressure hot water washed or swept once a week by mechanized
equipment. Sidewalks in the District but outside the core area will be cleaned by mechanized
sweepers, air blowers or high-pressure water hoses weekly to ensure a clean,trash-free, stain-free
appearance.
c) Contractor will sweep the area around and within all bus shelters daily to ensure a clean,trash-free
appearance. Bus shelters will be high-pressure,hot water hosed once a day,three days a week,to
remove dirt and stains from the shelter area.
d) In addition to the City's regular once-a-day pickup of trash from receptacles in the District and the
City's once-a-day pickup of trash from receptacles adjacent to bus shelters, Contractor will make
any other pickups that are necessary to ensure that the receptacles in the District have adequate
capacity remaining at all times.
e) Contractor will remove litter from sidewalks and streets in the District in a timely and efficient
manner.
f) Contractor will regularly clean street furniture in the District, including benches, drinking
fountains, street planters,pedestrian lighting,telephones, and kiosks.
g) Contractor will remove ice and snow from sidewalks in the District by applying City-approved
chemical de-icers, as necessary, to maintain free passage of pedestrians on the sidewalks. (City
will continue to be responsible for snow and ice removal on the streets.)
h) Contractor will inspect all street and sidewalk brickwork in the District on a regular basis and report
all damage to the City's Transportation and Public Works Department.
2) Contractor will provide the following landscaping services in the District:
a) Contractor will maintain City-owned landscaping in the District (excluding tree and shrub
replacements and landscaping in City parks)including:
i) Watering
ii) Fertilizing
iii) Inspection
iv) Pruning
v) Treatment of wounds
vi) Disease control
vii)Insect control
b) Contractor's services include caring for and beautifying shrubs,trees,decorations in all public City-
owned planter boxes in the District except in parks. Such services will also include planting blooms
in each of the planter boxes on Houston, Main, and Throckmorton Streets (11,000 square feet of
planter boxes)two times a year. Contractor will replace all dead plants promptly.
c) Contractor will not be responsible for the maintenance and repair of plumbing or electrical
equipment except for electrical equipment pertaining to the tree lights on Houston, Main, and
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 19 of 22
Throckmorton Streets and replacement of any water sprinkler heads that are damaged by the
negligence or willful misconduct of the Contractor,its agents,servants,employees,representatives,
or subcontractors.
d) Contractor must report all electrical and plumbing problems to the City's Transportation and Public
Works Department, which will report the same to the appropriate City department for timely
correction.
e) Contractor must reimburse the City or pay directly for any repairs resulting from negligence or
abuse of City electrical or plumbing facilities by Contractor,its agents,servants,subcontractors,or
employees.
f) Contractor must coordinate supplemental utility usage for landscaped areas and pay for all water
usage for irrigation of planter boxes on Houston,Main,and Throckmorton Streets.
g) City will arrange for a meter to be issued to the Contractor to permit the Contractor to remove water
from fire hydrants in the District. Such meter will be issued by the City under the same terms and
conditions as such meters are customarily issued to other contractors.
h) Contractor will advise the City's Transportation and Public Works Department concerning the need
for capital improvements,replacements,repairs and relocations of street furniture in the District.
i) Contractor will cooperate with those who provide audit and legal services to the District.
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 20 of 22
Exhibit"C"
Ambassador Proeram
1) Contractor will be responsible for implementing and overseeing an ambassador program(-Ambassador
Program") within the District. The primary purpose of the Ambassador Program is to provide the
following safety and hospitality services in the District:
a) Visible Presence — Ambassadors will circulate throughout the District daily to create a highly
visible, accessible, outgoing, and inviting presence, with an attitude of friendly professionalism,
superior customer service, and hospitality. Ambassadors will be on foot and will be deployed in a
manner that ensures resources are placed strategically to address critical issues or needs at key
times of day,days of the week, and as needed.
b) Improved Public Order and Reduced Crime —Ambassadors will deter aggressive solicitation
and other prohibited behaviors, report crimes, and provide information and support to the Fort
Worth Police Department, City of Fort Worth Code Compliance, Contractor, and others to help
reduce crime, code violations, and public order problems. Ambassadors will promptly call 911 to
notify the Fort Worth Police Department of any crimes in progress, and conditions or individuals
that may pose immediate risk or danger to persons or property.
c) Property and Business Contacts—Ambassadors will interact directly with property and business
owners, managers, and security personnel to build a network, provide and receive information
relevant to downtown safety and hospitality, and to raise public awareness of the Ambassador
Program.
d) Social Service Outreach and Referrals—Ambassadors will engage with people that appear to be
in need of mental or physical health services, substance abuse treatment, emergency shelter, or
housing to provide resource information, make direct referrals to service agencies, or connect
service staffs to people on the streets.
e) Hospitality and Information—Ambassadors will actively greet pedestrians and provide general
assistance, maps or directions, information on historic sites, shops, restaurants, public
transportation,other places of interest,and general information that may be helpful and welcoming.
f) Public Assistance—Ambassadors will provide help and support to the general public to address a
wide range of situations and needs, such as: assistance with the use of parking meter stations,
repairing a flat tire,opening a door,escorting employees to parking garages,and by off-setting any
potentially negative experience with a positive interaction.
g) Events Support —Ambassadors may be needed to provide support for the Contractor and other
special events.
h) Data,Metrics, and Reporting—Ambassadors will document all interactions and provide weekly,
monthly, and annual reports that detail services provided, identify problem areas, identify trends,
indicate the type of services or attention needed, and that demonstrate the effectiveness of the
program.
2) Notwithstanding anything to the contrary, it is understood between the parties that the Ambassador
Program is not intended to provide any Security Services for the District nor are the ambassadors to act
as security personnel in any way.
3) In addition to any other requirements set forth in the Agreement,Contractor is responsible for ensuring
that the ambassadors have proper, identifiable uniforms signifying their inclusion in the Ambassador
Program and that all ambassadors that interact with the public are properly screened and pass a thorough
background check.
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 21 of 22
EXHIBIT "D"
ALLOCATION METHODOLOGY
This concerns the allocation methodology for shared expenses related to Contractor's management of
Public Improvement Districts 1 —Downtown and 14 — Trinity Bluff(collectively, "PIDs") as well as its
own private operations.Contractor is a private,non-profit organization dedicated to revitalizing Downtown
Fort Worth and its surrounding streets. Funding for Contractor comes from two sources: (1)members,and
(2)PID assessments. Contractor uses both of these funding sources to carry out its operations,which often
includes sharing expenses between the funds for things that are difficult to parse, including warehouse
expense,uniforms and expense for an ambassador program.
Contractor contracts with the City to manage the annual improvements and services for the PIDs pursuant.
As part of those agreements, the City pays Contractor a monthly management fee, which covers all
administrative costs incurred by Contractor to perform its duties and responsibilities under the agreements,
including insurance,rent,office space,telephone charges,office and general supplies,employee insurance,
salaries, clerical costs, project management fees and costs, staff expenses, professional development,
training,education, and a like.
Because certain common Contractor operations are funded by both member dues and PID funds, it is
important to set forth the allocation methodology for sharing those expenses so that the City can ensure that
the PIDs' funds aren't being expended to subsidize the operations of a private entity.As such,the City and
Contractor have agreed to the following cost allocation methodology:
Warehouse Expense:
3%Downtown Fort Worth,Inc.
16%PID 1 —Downtown
1%PID 14—Trinity Bluff
*Allocated by square footage; 80%allocated to separate entity
(Downtown Fort Worth Initiatives Inc.)
Uniforms(Aramark):
94%PID 1 —Downtown
6%PID 14—Trinity Bluff
*Allocated by acreage covered for each district;PID 1 —33 acres/PID 14—540 acres
Ambassador Program Block By Block):
100%PID 1 —Downtown(Ambassador Program and Homeless outreach)
100%PID 14—Trinity Bluff(1 part-time ambassador)
*Allocated by use
Management and Improvement Services Agreement
with Downtown Fort Worth,Inc.for PID 1(Downtown) 22 of 22
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/25/20 M&C FILE NUMBER: M&C 20-0570
LOG NAME: 13FMS PID01 FY21
SUBJECT
(CD 9)Conduct Public Benefit Hearing for Fort Worth Public Improvement District 1 -Downtown,Approve Fiscal Year 2021 Budget in the amount of
$3,223,907.00 and Five-Year Service Plan,Approve Tax Year 2020 Assessment Roll,Adopt Ordinance Levying Special Assessments for the 2020
Tax Year at a Rate of$0.105 Per Each$100.00 of Property Value,Authorize Execution of an Agreement with Downtown Fort Worth, Inc.,in the
Amount of$476,950.00 to Manage the PID,and Adopt Appropriation Ordinance
(PUBLIC HEARING-a. Report of City Staff:Anthony Rousseau;b. Public Comment;c.Council Action:Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on the property located in Fort Worth Public Improvement
District 1 -Downtown for the 2020 tax year;
2. Approve the attached Fiscal Year 2021 Budget in the amount of$3,223,907.00 and Five-Year Service Plan for Fort Worth Public Improvement
District 1 -Downtown;
3. Approve the Tax Year 2020 Assessment Roll for Fort Worth Public Improvement District 1 -Downtown,on file with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in Fort Worth Public Improvement District 1 -Downtown for
the 2020 tax year at a rate of$0.105 per each$100.00 of property value;
5. Authorize the execution of an Agreement with Downtown Fort Worth, Inc.,in the amount of$476,950.00 to provide management and
improvement services for Fort Worth Public Improvement District 1 -Downtown during Fiscal Year 2021;and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the FWPID#1 -Downtown Fund in the
amount of$3,109,754.00 from available funds;and(2)increasing appropriations in the FWPID#1 -Downtown Fund in the amount of
$114,153.00 and reducing fund balance by the same amount.
DISCUSSION:
On June 23,2009,the Mayor and City Council adopted Resolution No.3756-06-2009 re-establishing Fort Worth Public Improvement District 1 -
Downtown(Downtown PID)
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2021 Budget and Five-Year Service Plan for
the Downtown PID and the proposed assessments to be levied on each property in the Downtown PID for the 2020 tax year. Following the public
hearing,it is recommended that the City Council take the following actions: (a)approve the attached Budget and Five-Year Service Plan; (b)
approve the 2020 Assessment Roll;and(c)adopt the attached ordinances levying the proposed assessments and appropriating funds.
The improvements and services to be provided in the Downtown PID during the Fiscal Year 2021 and the costs thereof are as follows:
Fiscal Year 2021 Budget
Improvements I Total Budgeted Cost
Management Fee 1 $476,950.00
Utilities 1 $15,500.00
Landscaping/Maintenance 1 $125,000.00
Trash Removal $1,242,380.00
Holiday Light/Deco 11 $30,000.00
Security 1 $11,200.00
Ambassador Program 1 $680,000.00
Communications/Newsletters 1 $9,000.00
Marketing&Research 11 $399,600.00
Transportation&Planning $167,000.00
City Audit 1 $2,500.00
City Administrative Fee 1 $64,777.00
Total Expenses $3,223,907.00
The total budgeted costs of the improvements and services are$3,223,907.00. Of this amount,$2,616,166.00 will be funded by assessments
collected on privately owned parcels located in the Downtown PID by applying a rate of$0.105.The remainder of the costs in the amount of
$607,741.00 will be funded by other revenue sources including: (a)$207,855.00 in direct payments from the City for Payment In-Lieu of
Assessments,(b)$152,948.00 in direct payments from the City for Payment In-Lieu of Services,(c)$132,785.00 in revenues generated by
Downtown PID activities,and(d)$114,153.00 transferred from the unaudited,unassigned fund balance.
On August 18,2020,the City Council conducted a public hearing to receive comments on the proposed 2020-2021 Fiscal Year Budget, Five-Year
Service Plan,and 2020 Assessments for the Downtown PID. Notice of the August 18,2020, benefit hearing and this hearing were published in the
Fort Worth Star-Telegram and mailed to all owners of property on record in the Downtown PID on August 7,2020,in accordance with state
Iaw.The Downtown PID advisory board recommended approval of the budget.
The Downtown PID is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2020-2021 Budget by the
City Council,funds will be available in the Fiscal Year 2021 operating budget,as appropriated,of the FWPID#1 -Downtown Fund. Prior to any
expenditure being incurred,the Financial Management Services Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office br. Jay Chapa 5804
Originating Business Unit Head: Reginald Zeno 8517
Additional Information Contact: Crystal Hinojosa 7808