HomeMy WebLinkAboutContract 43003 (';ITY SECRETARY
CONTRACT NO.
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth P b c Improvement .District No.12 Cba el Hill)
'his, MANAGEMENT AND IMPROVEMENT SE VICES AGREEMENT
ENT""
("'Agreement") is made and entered into by and between the CITY OF FORT WORTH (the
"City"), a Boma rule municipal corporation rat on c rganized under the laws of the State of Texas acting
by and through Fernando Costa, its duly authorized :assistant City Manager, and R I
COMMUNITY MANAGEMENT ASSOCIATES, INC., a Texas corporation doing business
as C A ("Contractor") acting by and t rou h Judi p ar s, its duly authorized President.
RECITALS
The following statements are true and correct and constitute the 'basis upon which the
City and Contractor r have entered into th s Agreement,,,
WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code on March
3, 20 4, the City Council of the City of Fort Worth adopted Resolution No. 3060 creating Fort
Worth Public Improvement Di strict No. 12 (the "District"); and
WHEREAS, the City is authorized to utilize the District to undertake e improvements
and/or services that confer special ► ne is on,the pert of the City with-in 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 jmprovements and services; and
WHEREAS, the City desires to enter into a written agreement with Contractor for
provision of certain improvements and services es the District, as more specifically set forth in
this A reement and
H S, such improvements an services constitute a supplement to standard City,
services and an added increment of service to provide,c other special benefits, and services which
will enhance the vitality and duality 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 Merely covenant and agree as follows:
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Management and Improvement Services Agreement �m
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AGREEMENT
1, ENGAGEMENT OF CONTRACTOR,
The City hereby engages the Contractor, and the Contractor hereby agrees to provide,
furnish,, oversee or perform in accordance with this Agreement the "improvements and/or services,
set forth in Section 2.
2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT.
2.1. Scope of Contractor's Dutieso
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
ptirposes):
(a) Oversee the bidding and awarding of any third party contracts for the
above-referenced Improvements and Services in accordance with the
g *delm" es set forth in the Policy and Guidelines for Public Improvement
ui
Districts adopted by the City Council pursuant to Resolution No. 3711-02-
2009 (the 11PID Poficy"), a copy of which or 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-
19
referenced Improvements and Services to ascertain. that nat all such work is
performed completely, professionally, and with the appropriate level of
quality and to make whatever changes are necessary to achieve these
obj ectives
(c) Obtain, maintain and pay for 'insurance necessitated by the above-
referenced Improvements, and Serv' I I
ices, 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 Po:licy, prepare a Service Plan and Budget for the first five (5)
years following the fiscal year covered by this Agreement, to be adopted
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Management and Improvement Services Agreement
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by the advisory body for theDistrict or other entity designated by, the City
and approved by the City Council,
(e) Maintain a, full and accurate accounting of disbursements for
reimbursement 1.'rom District revenues and all other financial reporting
cy.
requirements set forth in the PID Poll ,
(f) Comply with ill other,duties and responsibilities set forth in the guidelines
of the PID Policy; and
(g) Comply with all duties and responsibilities set forth in Exhibit "B",
attached hereto and, hereby made a part,of this Agreement for all purposes.
2.2. Contractor Compensation.
As full compensation for the provision of all Improvements and Services during
the Tern'i of'this Agreement, the City shall pay Contractor the sum of$8,000.00, which
amount is reflected in the Service Plan and Budget as "Management Fee,"' which amount
shall be paid in prorated 'installments in accordance with Section 6 hereof
2.3. Standard of Care; Nature of Relationsh' .
Contractor shall commence, carry on, and provide the Improvements and Services
with al,l practicable dispatch, in a sound economicat, and efficient manner, in moordance
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 specitically
provid-ed 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 t o t hem.
3. CITY'S DETIES AND, "S,PIONS,IBILITIES.
' i
The City shall provide the following services n connection with operation of the District
and the Contractor's,performance under this Agreement:
(a) Levying, and collecting assessments and recording the same in a separate revenue
account;
(b) Making payments to Contractor from special assessment revenues and other
District revenues;
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Management and Improv erg ient Services Agreenietat
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(0 Maintaining the same level of services in the District, as that which, the City
rov'des in comparable areas of-the City*
pi
(d) Maintaining complete and detailed records concerning any expenditure of special
assessment revenues and other District revenues, which are made tlu-ough 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
0
be assigned to the CI*ty's delinquent tax collection attorney,I,
(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., 2011 the "Effective Date") and, unless
terminated earlier in accordance with this Agreement, expire September 30, 20,12 (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
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
(11) for all subsequent reports, the date of the previous report. All such reports must
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Management and Improvement Services Agreemietit,
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ti
include dOCLImentation, sufficient demonstrating to the Administrator that any surns 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) blus,iness 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 Re oats.
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 tothl's 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 doles not elect to and the deficit, either party may terminate
this Agreement upon thirty (30) days" advance written notice to the other party.
7, DISCRIMINATION PROHIBITED,
Contractor, in the execution, performance, or attempted performance of this Agreement,
will not discriminate against any person or persons 'because of sex, race, religion, color, national
origin, sexual orientation or familial status, nor will the Contractor permit its officers, agents,,
employees or subcontractors to engage in such discrimination. This Agreement is made and
entered into with reference specifically to the ordinances codified at Chapter 17, Article 111,
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.
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Management and Improvement Services Agreement
with CMA for P'ID 12(Chapel Hill)
8, DISADVANTAGED BUSINESS ENTERPRISE POLICY,
In order to remedy the historic underutifization of Minority and Women Business
Enterprises (11M/WBEs") and to enhance the utilization of MJWBEs, the City, has adopted goals
for the participation of M/WBEs in City contracts through Ordinance 'No. 15330, as amended
(which will be replaced by Ordinance No., 20020-122011 effective June 1, 2012). Contractor
shall comply with, and require -that its contractors comply with, the terms of these ordinances and
any amendments thereto. Failure by the Contractor to comply with, or to require its contractors
to comply with, such ordinances shall constitute a breach of this Agreement and be grounds for
termination of this Agreement by the City.
9, CONTRACTOR LIABILITY.
Contractor hereby assumes full liability for any damages to any public or private property
due to the negligence of Contractor,, its subcontractors, agents, permitees or assigns.
10, LIABILITY OF CITY- PERSONAL LIABILITY OF PUBLIC OFFICIALS.
2
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 fiaoie 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.
11,0 INDEMNIFICATION,
CONTRACTOR COVENANTS AN AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD, HARMLESS AND DEFEND THE CITY
,v ITS OFFICERS AND,
EMPLOYEES, FROM AND AGA INS TANY 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
L]ABILITY 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
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Management and Improvement Services Agreement
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PERFO"ANCE OF THIS' CONTRA CT AS RE UL T O A. Y EGLIGE T A CT R
NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS,
AGENTS S VAN , EMPLOYEES SUBCONTRACTORS, SUCH
INDEMNIFICA TION SHA L L, I CL UDE WOR KE `S' COMPENSA TION CIA S OF OR
BY ANYONE WHOMSOEVER IN ANY WA Y RESULTING FROM OR ARISING OUT OF
C NT CT RW WORK, SERVICES AND OPERATIONS IN CONNECTION
HEREWITH,INCLUDING OPERA,TIONS OF SUBCONTRA CTORS,
CONTRACTOR SHALL .LIKEWISE INDEMNIFY AND HOLD HARMLESS THE
CITY FOR ANY AND ALL INJUR Y DA GE TO CITY P PER TY ARISING 0 U
F OR IN CONNECTION WITH ANY AND ALL NEGLIGENT ACTS OR, NEGLIGENT
OMISSIONS OF CONTRACTOR) ITS 'F�".�CER , AGENTS, EMPLOYEES,
CONTRA CTO , S B CO T I C ORS, l CENSEE Riw INVITEES.
TEES+.
Insurance coverage specified herein constitutes the minimum requirements and such
requirements shall in no way lessen or limit the liability of Contractor under the terms of this.
Agreement.
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall perform all work and services
described herein as an independent contractor and not as an officer, agent,, servant or employee of
the City; that Contractor shall have exclusive control of the details of the services and work
performed hereunder, and all persons performing the same- and shall he solely responsible for the
negligent acts and negligent omissions of its officers, agents, employees, contractors and
subcontractors; that the doctrine of respondent superior stall 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 he
considered an officer,, agent, servant or employee of the City.
13. INSURANCE.
Contractor shall not commence word under this Agreement until it has obtained and
received approval from the City of al] insurance coverage required hereunder. Contractor shall
be responsible for delivering to the Administrator a certificate or certificates of insurance
demonstrating Contractor has obtained the coverage required under this Agreement. All.
insurance policies provided pursuant to, this Agreement shall be endorsed to nar e the City as an
additional insured, and shall cover not only Contractor, but also Contractor's contractors and
subcontractors. The minimum insurance required of Contractor 'is as follows
WORKER'S COMPENSATION INSURANCE—, Contractor shall maintain throughout
the Term of this Agreement statutory Worker's Compensation Insurance on all of its
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Management and Improvement Services Agreement
with for PID 12 e1 Hill)
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
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protected under the state's Worker's Compensation statutes, Contractor shall p e
rovi
adequate employer's general liability insurance for the protection of such employees not
so protected.
COMP' HENSIVE 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 $2,0010,0001.
AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE:
Contractor shall Maintain throughout the Term of this Agreement comprehensive
automobile liability coverage in an amount not less than $1,000,000 for each accident.
This policy shall cover any automobile used 'in the provision of Improvements and
Services under this Agreement.,
The insurance company with whom Contractor's insurance is written shall be represented,
by an agent or agents having an office located within the Dallas-Fort Worth metropolitan area.
Each such agent shall be duly qualified, upon whom service of process may be had, and must
have authority and power to act on behalf of the insurance company to, negotiate and settle with
the City, or any other claimant, any claims that the C"t , I
I Y, or any other clai mant, 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,
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.
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Management and Improvement Services Agreement
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1 r . CHARACTER OF WORK AND OPERATIONS,
Contractor and Co tractor
"s employees, contractors, and subcontractors ,hall be competent
and careful work-men skilled in their respective trades. Contractor shall not employ any person
who repeatedly engages in misconduct or is incompetent or negligent iu 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 d.sc ourtecus 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 eats 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 o f 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 to s, conditions and provisions o f this Agreement shall be considered material, and
Contractor's failure to perform any part o f this Agreement shall constitute are event of default
hereunder. Should the Contractor bail to filly cure any default hereunder within fourteen (14)
calendar days aver 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 bully curd the default)li the City, ay, at its
option and in addition to any other remedies available to it under law or in equity, terminate this
rec eat by prov ding written .notice to Contractor. Notwithstanding the foregoing, City may
terminate this Agreement for any reason upon thirty (3 ' calendar days' prior written notice to
Contractor. In the event of any termination, any wort ire progress will co ntinue to co mpletion
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.
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Mmage rent and Improvement`services Agreement
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I9. COOPERATION WITH CITY.
Contractor shall, at such time and in such form as City may require, furnish periodic
and
.1
information concerning the status of the project and such other statements,, ce rtificates,
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,i 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
accessi
Ne to the City. Contractor shall provide representatives of City o its ts appointees free
access to such books and records, at all proper times, in order that they may examine and audit
the sarn.e and make copies thereof Contractor shall further allow the City and its representatives
to make inspections of all work data, documents, proceedings and activities related to this
Agreement. Such right of access and audit shall continue for a period of three (3) years from the
date of final payment under this Agreement. The City shall also have the right to conduct a
performance audit and evaluation of' Contractor at such times as the City deems necessary.
Contractor shall fully cooperate with any such performance audit. The City may employ
consultants at the City's expense to assist City in such performance audit. Contractor agrees to
give the City and its consultants access to all reports, data, schedules and other relevant
information which may be required to conduct such performance audit.
2 1. NOTICESO
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:
C*,Ityo
I # Contractor,
City of Fort Worth CMA
Attn: PID Administrator Attn-. Judi Phares, President
Housing& Economic Dev. Dept, 1500 N. Norwood Dr., Bldg. C, Suite 300
1000, Throckmorton Street Hurst, TX 76054
Fort Worth, Texas 7610,2-6311
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Management and improvement Services Agreement
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22. COMPLIANCE WITH LAWS ORD INANC ES
..2 , 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.
230 GOVERNMENTAL POWERS.
It is understood that 'by execution of this Agreement, the City does not wa-i*ve or surrender
any of'it governmental powers or immunities.
24, NO WAIVER.
The failure of either party to insist upon the performance of any to 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 perfon-nance 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
Divis'ion. This Agreement shal I be construed in accordance with the laws of the State of Texas.
26, NO THIRII) 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 other person
any,
or entity.
27. INTERPRETATION.
ispute over t eaning or appiication any provision of this
in the event of any d." he m 1 1 Is
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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28, CAPTIONS.
Captions and, headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
290 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.
3 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 to be effective as of October 1,9 2011
CITY OF FORT WORTH. RTI COMMUNITY MANAGEMENT
ASSOCIATES, INC., a Texas corporation
0
da CMAS
By: (40,4WL'., 10
- By:-
Fernando Costar. Pharos
Assistant C"t,, 4anager President
100901111
'000,
SO
00�
100110
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Management and Improvement Services Agreement
with CMA for PID 1 2(Chapel Hill)
ATTESTS 0
r
0
0
f ,
0 00000 Y:�
0 06;111)
Mary Kays ' me: 000.k,5,
City Secretary� e.- 9;(ce u v ve � !;%AAA
APPROVED AS TO FORM AND LEGALITY
Peter Vaky
Deputy City Attorney
'. C -273 1
OFFICIAL RECORD,
Page 1�3
Management and Improvement Services Agreement
wit h CMA for PID 12(Chapel Hill)
YEAHIBITS
"A" —Service Plan and Budget for the District
"B"—Additional Services to be Provided by Contractor
Management and Iniprovement Services Agreement
w ith CMA for PID 12(Chapel Hill)
I
Exhibit "A"
City of Fort Word
BUDGET AND FIVE-YEAR SERVICE PLAN
P u bi ic Improvement District No. 12 -C hap e I Hull
FY1 1/12 FY 1 2/13 FY 13/14 FY14115 FYI 5/16
REVENUE
PICA Assessments 501,000 55,000 63,000 70v000 85,000
Prior Year's Assessments 21000 3,000 71,000 10,000 10,000
to 0~
'Total Revenues $ 52,000 $ 581 00�O $ 70,000 $ 80,OW $ 9510W
EXPENSES
Management Fee 8,000 8,,0100 8,000 10,000 1 OYOOO
Water 51000 5,300 6,000 7,000 9,000,
Utilities 4,5,00 51000 55,„+5 71500
Landscape Maintenance Program 2 ,0100 26,000 281000 31,000 33,0100
Fence Ma,intenance - - 2,00.0 21000 3,000
Security/Code Blue Programs, - 500 11000 1,200
Communications/Newsletters 600 800 !0 111000 800
Marketing - 100 200 300,
Social Prolgrams/Holiday Lighting 500 500 60101 800 3,000
Capital Improvements - - - 3,500 4,000
Replacements - - 3,000 11000 5,000
Insurance 2,600 2,600 2,800 3,000 3,200,
Annual,Review(Audit) 800 800, 900 1,000 1,000
it Administration Fee 2,00!0 2,000 2100000 2,000 21000
B ud get Expen ses $ 49,000 $ 510000 $ 60;000 $ 70,000 $ 83o 000,
Estimated Operating Reserve $ 31 0!00 $ 73000 $ 10,000 $ 10,000, $ 12,000
Total Expense $1 521000 $ 58,:0010 $ 70,000 $ 80,000 $ 915,000
Management and Improvement Services Agreement
with CMA for PID 1 2(Chapel Hill)
K.
Exhibit
Additional Services to be Provided by Contractor
(a) Contractor shall assign one of its employees to manage the PID and, unless otherwise
d-A
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 Budge for the District
and update members of any such entity as to authorized PID projects and other
pertinent matters. At the request of the Board president, arrange for guest presenters
to attend meetings-,
(d) Establish means of communication, for citizen input to report problems and make
suggestions to the PID. Coordinate responses to citizen 'input with the PID advisory
body or other entity selected by the City;
(e " Maintain a full and accurate accounting of disbursements for reimbursement from
PID revenues, providing the PID advisory body or other entity selected by the City
with a monthly accounting statement,*
(f) Monitor recurring expenses and perform comparative analysis, to 'Identify emerging
trends and real or potential problems. Notify the PID advisory body or other entity
selected by the City of trends and unusual or excessive expenses;
(g) Maintain complete set of historical records of all PID activity to include PID charter,
minutes, olf'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.
Management and Improvement Services Agreement
with AMA for PID 1 2(Chapel Hill))
t y or o rt worth, T xd b
Mav, nl.. r and Council Com unication
P
✓
.......
DATE. Tuesday, September 13, 2011 REFERENCE NO.: BH-273
LOG NAME: 17 P I D 12 B E,N H EAR20 11
SUBJECT:
,Conduct a Public, Benefit Hearing for Pub:liic Improvement District 12, Chapel Hill PIDI, Concerning the
Proposed 2011-2012 Budget and Five Year Service Plan and Proposed Assessment Roll,, Adopt
Ordinance Levying Special Assessments for the 2011 Tax Year, Adopt Appropriation Ordinances to
Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for, Fiscal
Year 2011-2012, and Authorize Execution of an Agreement with RTI/Corr munities Management
Associates, Inc. id/b/a CMA to Manage the District (COUNCIL, DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public, benefit hearing concerning the proposed special assessments on property located in
Public Improvement District 12, Chapel Hill Public Improvement District, for the 2011 tax year;
2. Approve the attached Fiscal Year 2011-2012 budget and five-year service plan for the Chapel Hill
Public Improvement District �;,
3. Adopt the attached ordinance levying special assessment on property located in the Chapel Hill Pubilic
Improvement District subject to assessment for the 2011 tax year;
4. Adopt the attached, a�ppropriation, ordinance increasing estimated receipts and ap prop riations by
$50,000.00 in the Special Assessment, District Fund, Public Improvement District 12 Fiscal Year 2011-
2012 Project Account, from available funds;
5. Authorize the transfer of $2,000.00 for administrative fees from the Special Assessment District Fund,,
Public Improvement District 1,2 Fiscal Year 2011-2012 Project Account, to the Special Trust Fund
contingent upon the adoption of the proposed ordinance levying assessments-,
6. Adopt, the attached appropriation ordinance increasing estimated receipts and appropriations, in the
Special Trust Fund by $2,000.00 from available funds; and
7. Authorize the execution of an agreement with DTI/Communities Management Associates, Inc. d/b/a
CMA, to provide management and improvement services for the Chapel Hill Public Improvement District
during Fiscal Year 2011-2012 for the sum of$,8,1000.00.
DIIIS:CUISSION.
On March 23, 2004, the City Council adopted Resolution No. 3060 establishing Fort Worth Public
Improvement District 12 (Ch�apel Hill PID).
Logname.- 17PID12BENHEAR2011 Page I of 3
I
The purpose of this benefit hearing is to receive comments from the public regarding the 210111-2012 Fiscal
Year budget and five-year service plan for the PI D, and the proposed assessments to be levied on each
property in the PID for the 2011 tax year. Following the public hearing, it is recommended -that the it
Council approve the attached budget and five-year service plan of the PID, a,dopit the attached ordinance
levying the proposed assessments and adopt the attached appropriation ordinances allocating estimated,
receipts to the District's fund,
On August 23, 2011� (M&C BH-266) the City Council conducted a public hearing to receive comments on
the proposed 2011-22 12 Fiscal Year budget and five-year service plan. Notice of'this benefit hearing was
published in the newspaper and mailed to all record owners of property in the Chapel Mill PID in
accordance with State law.
The improvements and services to be provided in the PI D during the 2011-2012 Fiscal Year, and the costs
thereof are-.
...�.�..�.w� �w�rv..w���� .rr..y�.�����.��n��.m,.�.��� w_�.�� � .�.w�.�.ro�� .m.e� Total
I�
llm ements Budgeted,
Costs
Management Fee 8,0001.001
,'W'ate r 5,0001.00
.11JItilities 41500.0G
........................
....................................*.............................................................. .................................*....... mm
Landscape Maintenance
$251000.001
Program
Cow .��� �� .w�r o��Social Prolgrams/Holiday
$ 500.0G
Lighting
................................................................ .............
I �....n s*u" rance A $ 21600.001
,Annual Review (Audit) 800-100"
ICit Administration Fee 21,000.100;
...............
n t Expenses $49,00,01001,0101,
Est,*mated Operafi ng $ 3oOOO.00:,
'Reserve
Total Expenses $52,000.0uftj
..................
The total budgeted costs of the it are $52,000.00. Of this amount, $50,000.00 will be funded
by assessments collected on privately owned parcels located in the District by applying a rate of $0.,19
cents to each $100.00 of property value. The remainder of the costs, $2,0001.00 will be funded by prior
year's assessments.
The Chapel Hill PID is located in COUNCIL DISTRIC,T' 71.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Dlirect,or certifies that upon approval of the above recommendations,
and upon the adoption of' the Fiscal Year 2011-2012 budget by the City Council to include the above
recommended item(s), funds will be available in the Fiscal Year 2012 operating budget, as appropriated,
of the Special Assessment District Fund and the Special Trust Fund.,
Logname: 17PID12BENHEAR2011 Page 2 of 31
0
TO Fundd/Accouint/Centers FROM F'und/Account/Centers
5.)o EE72 481306 017587001000 $21000.00 87 539120 002512003000 $2,00 .00
6) FE,72 511010 0175870011000 $22000-00 7) GS87 539,120 00125120103000 $8,000.00,
488342 002512003000 $501000.00
4) GS87 539120 002512003000 $50,1000.010
CERTIFICATIONSm-
Submitted for Cjty Managpf's Office Susan Alanis (8180)
Ori 0 Jay Chapa (58 04)
De,partment Headm
AdWit'lonal Informati"lon Contact Sylvia Flores (8550)
..........
ATTACHMENTS
1 17PID12BENHEAR2011 REC4.d c (Public)
2. 17PID12BE,NHEAR2011 REC6.doc (Public)
I PI D ,122011.,Ass::essmentOrd.doc (Publ:ic)
4. PAD 12 Balance Sheet FY 1.x1s, (CFW Internal)
5. PM 12 Proposed FY12 Budget.xis (Public)
Logname: 17PID I 2BENHEAR20 1. 1 Page 3 of 3
ORDINANCE N0 1 -09-20 I
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST of CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN T'OR'E" WORTH PUBLIC
IMPROVEMENT MST , 12 DURING FISCAL YEAR 2011-I2 SETTING
CHARGES, D L,IENSI AGAINST PROPERTY IN THE DISTRICT AND AGAINST
THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS RESERVING UNTO THE CITY COUNCIL THE RIGHT TO
ALLOW CREDITS REDUCING THE AMOUNT OF TILL R.ESPECTIVE
ASSESSMENT TO THE XT NT OF Y CREDIT IT NTL I- AND PROVIDING
AN EFFECTIVE A'TL.
WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore directed that certain.
improvements ve rnents and or services the"Improvements"'' shall be provided in the:Fort Worth Public Improvement
District o. 12 (the,`I istr ct"'); and
E A S, the boundaries es of the District are along the major streets of West Bonds Ranch Road on
the North, Business Highway 287 North on the East, the extended boat Club Road on the West and the City
limits on the South; and
WHEREAS, the Improvements to be provided in Fiscal Year 20 11-2012 and their estimated costs are
as follows:
Expenses
Management Pee $ 81000
Water 57000
Utilities 41500
Landscape Maintenance Program 25,000
Conimunications/News letters $ 600
Social Programs/Holiday Lighting 500
Insurance 2,6010
Annual Review(Audit), 800
City Administration Fee 2100
Budget Expenses 491000
Estimated Operating Reserve $ 39000
Total Expenses $ 52 000
The total budgeted costs of the improvements are $52,000.00, Of this amount, $50,000.00 will be funded by
assessments collected on privately owned parcels located in the district. The remainder of the costs, ?,!0 + .0!
will be funded from prior years; assessments and
WHEREAS, it is proposed that property subject to assessment in the District he assessed at a rate of
$0.19 per each $100 of value, as of January 1, 2011 and determined by the appraisal district with jurisdiction
over property in the District; and
WHEREAS, the Improvements and proposed assessment roll were previously presented in a public
hearing conducted by the City Council on August 23, 2011 (M&C BH-266)and have been on file in the office
of the City Secretary for public inspection; and
WHEREAS, the Improvements and proposed assessment roll were once again presented to the City
Council of in a public hearing conducted on the 13th day of September, 2011, at 7.-,00 p.m. in the Council
Chamber in the City Hall in the City of Fort Worth, Texas (the "Public Hearing"), notice of which was
published and mailed to all record owners of property in the District, and at such hearing all desiring to be
heard were given a full and fair opportunity to be heard-,
NO THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS.
SECTION 1.
rhe Public Hearing is hereby closed and any and all protests and objections, whether herein
enurnerated or not,are hereby overruled.
SECTION 2.
The City Council, from all evidence before it, including all information provided to it and considered
in the Public Hearing, finds that the assessments herein described should be made and levied against the
respective parcels of property in the District and against the owners of such property. Such assessments and
charges, are right and proper and are substantially in proportion to the benefits to the respective parcels of
property by means of the Improvements in the District for which such assessments are levied and establish
substantial justice and equality and uniformity between all parties concerned, considering the benefits,received
and burdens imposed. The City Council further finds that in each case the property assessed is specially
benefited in enhanced value t o t he said property by means of the Improvements in the District and for which
assessment is levied and charge made, and her finds, that the apportionment of the cost of the
Improvements is in accordance with applicable law. The City Council, fTom the evidence, ftirther finds that
the values of the respective parcels of property on January 1, 2011,are true and correct.
SECTION 3.
There shall be, and are hereby, levied and assessed against the parcels of property subject to
assessment in the District and against the real and true owners thereof (whether such owners be correctly
named herein or not), the sums of money itemized per parcel of property,, and the owners thereof, as far as
such owners,are know ri, at the following rate.- $0M 19 per each$100 of value.
SECTION 4.
Where more than one person or entity owns an interest in any property described herein, each such
0 R D I N A N C F N 0, 1 9X0 1-09-201 1
person or entity shall be personally liable only for its, her or his pro rata share of'the total assessment against
such property in proportion to its, his or her respective interest to the total ownership such property, and its, his
or her respective interest in such property may be released from the assessment lien upon payment of a
proportionate sum.
SECTION 5.
The several sums above mentioned and assessed against the said parcels of property, and owners
thereof, and penalty and interest thereon at the rate prescribed by Chapter 372,Texas Local Govenunent Code
(the Public Improvements District Assessment Act), together with reasonable attorney's fees and cost of
collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property
against which the same are assessed, and a personal liability and charge against the real and true owners of
such property,whether such owners be correctly named herein or not,and such liens shall be and constitute the
first enforceable lien and claim against the property on which such assessments are levied, and shall be a first
and paramount lien thereon, superior to all other liens,and claims,, except state, county, school district and city
ad valorem taxes. A copy of this ordinance may be filed with the County Clerk of Tarrant County,Texas, and
when so filed shall constitute complete and adequate legal notice, to the public concerning the liens hereby
assessed against the respective parcels of property and the owners thereof.
The sums so assessed against the respective parcels, of property and the owners thereof shall be and
become due and payable on or before January 31,2O 12,and shall become delinquent if not paid by February 1,
2012.The entire amount assessed against each parcel of property shall bear penalty and interest, from and after
February 1, 2012 at the same rate as prescribed by law for any delinquent ad valorem to until paid.
SECTION 6.
If default shall be made in the payment of any assessments,collection thereof shall be enforced by suit
in any court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the
enforcement and collection of said assessments.
SECTIO,N'7.
The total amount assessed against the respective parcels of property, and the owners thereof, is in
accordance with the proceedings of the City hereto, and is less than the proportion of the cost allowed and
permitted by applicable law.
SECTION 8.
Although the aforementioned charges have been fixed, levied and assessed in the respective amounts
herein stated, the City Council does hereby reserve the right to reduce the aforementioned assessments by
allowing, credits to certain property owners where deemed appropriate and provided that such any such
allowance does not result in any inequity and/or unjust discrimination.
ORDINANCE NO 19891-09-2011
SECTION 9.
Full power to make and levy reassessments and to correct mistakes, errors, invalidates or irregularities
in the assessments.are, in accordance with the law in force in this City,vested in the City.,
SECTION 10.
In any suit upon any assessment or reassessment, it shall be sufficient to allege the substance of the
provision recited in this ordinance and that such recitals are in fact true, and her allegations,with reference
to the proceedings relating to such assessment and reassessment shall not be necessary.
SECTION 11,
Should any portion, section or part of a section of this Ordinance be declared invalid, inoperative or
void for any reason by a court of competent,jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining,portions, sections, or parts of sections of this Ordinance, which shall remain in full force
and effect.
SECTION 12.
This Ordinance shall be cumulative of all other ordinances and appropriations amending the same
except in those instances where the provisions of this Ordinance are in direct conflict with such other
ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and
appropriations are hereby expressly repealed.
SECTION 13.
This Ordinance shall take effect and be in full force and effect from and after the date of its passage.
AND IT IS SO ORDAINED.
APPROVED AS TO FORM AND LEGALITY.
A
Deputy C'ity Attorney
M&C-.BH-273
Adopted and Effective. September 13, 10 11
4 ORDIN ANC ENth 19891-09-2011
City of Fort Worth
PROPOSED BUDGET AND F'IVE-YEAR SERVICE PLAN
Pu blic Improvement District No. 12-Chapel Hill
FY1'1/12 FY12/13 FYI 3114 F'Y 14/15 FY15/16
REVENUE
PID Assessments, 50,000 55,000 6 709000 85,000
Prior Year's Assessments 2,000 3,0100! 7,000 10,000 100000
Total lRevenues $ 52yO001 $ 58,000 70,000 $ sot000 95,000,
EXPENSES
Management Fee 8,000 8,000 81000 10,000 10,000
i
Water 51,000 5Y300 6,OOiO 7POOO 91000
Utilities. 4,500, 5tOOO 5 500 6,500 7,500
Landscape Maintenance Program 251,0001 26,000 28,000 31,000 33,000
Fence Maintenance - - 2,000 2JO00 31000
Security/Code Blue Programs - - 500 11000 1121,00
Co m m u n icatio ns/Newslette rs 600 800 600 1,000 8100
Marketing - - 100, 200 300
Sociia l Programs/Ho,liday Li hting 500 500 600 800 31000
Capital Improvements - - - 31500 41000
Replacements - - 31000 1,000 5,000
Insurance 21600 21 00 21800 3,000 31200
Annual Review(Audit) 800 800 900 11000 11000
City Administration Fee 2,0;00 2,000 2,000 21000 . 2,1,000
Budget Expenses $ 499000 $ 519000 $ 60,000 $ 7'090010 $ 83oOOO
Estimated Operating Reserve $ 31000 $ 7110010 $ 101,000 $ 107000 $ 12,000
Total Expense $ 52,000 $ 58,90010 $ 70,000 $ 80,000 $ 95,000