HomeMy WebLinkAboutContract 28161 (2)CIT'Y S�CR��A�1�
��N��AG`i I� . �
A1VIEl�TD1VIEI�TT TO AI�D EXTEI�TSIOI�T OF
C�llTTRACT POR II�IPROVEIVIENTS AND/OR �ERVICES
Il� THE FORT WORTH �1VIPROVEI�Ell1T DISTRICT 1�T0. �.
(FY 20D2-2003)
STATE OF TEXAS §
COUNTY �F TARRANT §
WHEREAS, on October 1, 1999, the City of Fort Worth (the "City") and
Downtown Fort 'UV'orth, Incorporated (the "Contractor"), entered 'znto City Secretary
Con�ract No, 25389, which provides for certain irnprovements and services to be
provided in the Fort Worth Improvernent Disirict Nfl. 1, which improvements and/ox
services consi�t of a zn.aintenance and iandscaping prograrn, a security program and
management program; and
WHEREAS, the City and the Contractor �ave mutually agreed that the aforesaid
cantract shall be extended for an additional one-year periad beginning October 1, 2002,
and ending September 30, 2403, but with the amendments hereinaf"ter contained;
NOW TI�REFQRE, KNOW ALL MEN BY THESE PRESENTS:
That, �or and in consideration o� the mutival covenants, pramises and agreem�nts
contained herein, the City of Fort Worth, hereina.fter referred to as "City", acting by and
through Charles R. Boswell, its duly authorized Assist�t City Manager, and Downtown
Foz-� Warth Incarporated, hereinafter refemred �o as "Contracior", acting by and through
Gregg Upp, its duly authorized Cha.irman, do hereby covenani and agree as fallows:
1} That the aforesaid contract for improvements and/or services in the Fort Worth
Improvement District No. 1, between the City and Contractor, dated October 1, 1999,
refer�ed tn as City Secretary Cantract No. 25389, be and is hereby ext�nd�d far the
period beginning October 1, 2002, and terminating on Sept�mber 3p, 2p�3, but wifih
the following amendments thereio:
a} Seetion V, Term, is herehy amended by changing the frst sentence thereof to r�ad
as follaws (p, 4): "The term of this contract will be for a period b�ginning
October 1, 20Q2, and terminating September 30, 2003."
b) �actian VI, Pavrnents io Conl;ractor, Subsection C, is hereby changed to reac� as
fallows (p. 4):
Total revenues of the District and payments�to the Contract shall cansist of the
following amounts for tlie follnwing improvements andlor services, which
atnounts aare based on twelve (12) rnonths of work: - —�
` ;L
E
Total
Cost
(1)
��)
(3)
{4)
(5)
(6)
��)
a maintenance and landscaping program
� pxornatians pxogram
a marketing prc�gram
a security program
a transportation and parking program
a management program
excess SID revenues to expansion area
To�als
$590,665
40,Q00
76,824
25,305
96,656
235,819
1,032
$1,Q66,301
To be
assessed
2002-03 FY
$389,242
26,360
50,b26
16,675
�3,695
155,402
-Q-
$7D2,000*
* The $3&4,301 difference hetween costs and assessments reflects receipt of $25Q,600
fram the City for payment in lieu of services, $101,014 i� revenue from district acti�vifies,
and $12,b87 from other revenue sources, inclu�ing �he use o� districf reserve fiinds if
necessary.
Note I $13I,48b is for assessment� levied against City property. The remaining
$119,114 is for payment from the City to the Contractor for perfonmance of
the following services thai were previously perfarmed by the City:
a} Park Services and Maintenance
b} Sidewalk cleanup and garbag� pickup
c) Haustoz�/Thrackmo�rton st�reet arid
sidewalk services
$45,096
38,708
35,310
Note 2 The $1�13,7�1 includes revenue to be collected by the Contractor from
others and special even�s. The City is not responsible for pay�ment o� the
$113,701 to ihe Contra.ctor.
Tn �he case of any improvements and/or services which the Contractor does not
provide ihroughout the entire (12) month term of the contract, the Cantzactox shall
receive a prorated payrnent tn cover the rnonths when such improvements andlor service
were actualiy provided.
(c) Sectian VIII, Indemnifcation, Subsection A and B, are hereby changed to read as
follows:
A. TI�E CONTRACTOR COVENANT5 AND AGREES TO, AND DOES
AEREBY, INDEMN�FY .AND HOLD HARMLESS AND DEFEND THE
CIT�Y, YTS OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL SU�TS OR CLATIVIS FOR DAMAGES OR IN.TURIES,
INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY,
WHETHER REAL OR ASSERTED, ARISIN� �.UT '�?� `'�� IN
CONNECTION VV�TH .A.NY NEGL�GENT r�a ''�"' �R �,�d; # .IcIENT
�,
,,
DMI5�ION ON THE PART OF THE CONTRACTCiR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS, AND
TAE CONTRACTOR DOES HEREBY ASSUME ALL L�ABILYTY AND
RESPQN�IBILTTY FOR INJURIES, CLAIMS OR SUIT5 FOR THE
DAMAGES TU PERSONS OR PROPERTY, OF WHAT�OEVER HIND
OR CIIARACTER, WHETHER REAL OR ASSERTED, OCCURRiNG
DURTNG OR ARISING OUT OF THE PERFORMANCE OF THIS
CONTRA.CT AS A RESULT OF ANY NEGLIGENT ACT OR
NEGLIGENT OMYSSION ON THE PART UF THE CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR
SUBCONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE
WORKERS' COMPENSATION ' CLAIMS OF OR BY ANYONE
WHOMSOEVER IN ANY WAY RESULTTNG FROM OR .ARISING OUT
OF THE CONTRACTOR'S WORK, SERVICES AND OPERATION5 IN
CONNECTION AEREWITH, INCLUDING OPERATTO�TS OF
SUBCOIVTRA.CTORS.
B. CONTRACTOR SIIALL LIKEWISE INDEMNIFY AND HOLD
HARMLESS THE CITY FQR ANY AND ALL INJURY OR DAMAGE TO
CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY
AND ALL NEGLIGENT ACTS DR NEGLIGENT ONIISSIONS OF
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLQYEES,
CONTRACTOR, SUBCONTRACTORS, LICENSEES OR 1NVITEES.
2. That except as hareby extended and a�nended, the provisian.s of such contract
� sha11 rem�in unchanged and in full force and ef%cfi.
`I l� �
ti
i�
WITNESS the following signatures and seals this ��r 1 day of
t � �lt�vr��1� , 20fl2.
ATTEST: CITY OF FORT WORTH
�/� .� .
_� -
�`zloria 1'ears
� _ -- . :
City Secreia`ry
By: �. G��
Charles R. Boswell
As�istant City Manager
APPRQVED. A5 T4 FORM AND LEGALITY:
Assistaa�t City Attorney
Date: � � r � J � �
� �1���
- _ _ __ �-��_.. , _.._._ . � ., , �.
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DpWNTOWN FORT WaRTH, INC.
By:
Gxeg Upp �
Chairman
��
_ � _� �
,;
C'ity o� 1�'0�� Wo�th, Texas
�ay�� a�� ����ci� �����r�ic��l��
I]ATE REFERENCE NUM6ER 1_.�G [VAME PAG�
8127102 �,.� �'�10 1 � 3PID-9 1 of 3
SUBJECT pUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1
(DOWNT4WN), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED
ASSESSMENT RQLL, S�T A BENEFIT H�ARING �ATE �'�R F'ISCAL YEAR 2Q�2-
2003, A�OPT AN OR�INANCE APPRDPRIATING CERTAlN FIJNDS F(]R THE
D1STRICT, AND AUTHORIZE A CONTRACT EXTENSION WITH DOWNTOWN FORT
WORTH, INC. TO PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT
RECOMMENDATION:
It is recommended that the City Council;
1. Hold a public hearing concerning th� plan of services and budget far FY2002-2003; and
2. Adjourn such pu�iic hearing; and
3. Approve the attached s�rviee plan and budget for FY2002-2003 as recommended by the Advisory
Board of Puhlic Improvement District (PID) No. 'f; and
4_ Authorize the transfer of $250,600 from the General Fund to the Special Assessment Disfirict Fund,
PID No. 1, FY2002-2�Q3 project accaunt; and
5. Adopf the attached appropriation ardinance increasing estimated receipts and apprapriations by
$250,600 in the 5pecia[ Assessment Disfrict Fund fram arrailab[e funds; and
6. AufiF�ar�z� the transfer of $2,50a for administrative fees from the Special Assessment Disfirict Fund,
P1D No. 'I, FY2002-2003 praject accaunt to fihe General Fund; and
7. Authorize the City Manager ta execute a contract extension with Downtown Fort Vllorth, Inc. to
provide impra�ements and services in PID No. 1 during FY2002-2003 for fhe sum of $952,600.00;
and
8. Adopt the proposed 2002 assessm�nt roll which is an fi�e with the City Secretary and set Tuesday,
5eptember 10, 2002, at i:00 p.m. in the City Council Cham�ers as ihe time and place for the
benefif �earing; and
9. Direct the City Secretary ta gi�e notice of the September �Q, 2002, benefit hearing in accardance
with 5tate law; and
10.Approve adding to the 2002-2003 budget, as contingency, any unencumbered revenues from Pf❑
No. 1 assessments from prior years.
DISCUSSION.
On 5eptember 7, 1999 (M&C G�12655}, the City Council approved Resolution No. 2573 re-establishing
Fart Wort� PID No. 9 for a fi�e year �eriod. This will be the 16th year of o�eration for P1D No. 1.
C`ity of �ort d�'o��h, T'exas
J�l�y�r� �� ����ci� ��►�r�e����afj��
�AT� RE�ER�f�ICE NCJMBER L.OG NAME PAGE
8f27102 �o� 3�� 0 � 3P I D-1 2 of 3
sue.��cT PUBL.fC HEARING FOR FDRT WORTH PUBLfC 1MPROVEMENT DISTR[CT N�. 1
(DOWNTOWN), ADOPT A BUDGET AN� SERVIGE PLAN, ADOPT A PI�OPOSED
ASSESSMENT ROLL, SET A BENEF[T HEARING DATE FOR FISCAL YEAR 2002-
2�Q3, ADOPT AN ORDINANCE APPR�PRIATING CERTAIN FUNDS F'OR THE
DISTRICT, AND AUTHORIZE A CONTRACT EXT�NSION WITH DQWNTOWN FORT
WORTH, INC. TO PROVfDE MANAGEMENT SERVICES FOR THE DISTRICT
The ger�eral nature of the improvements andlor services of the District sha[I includ�:
� An Im�ro�emen# Disfrict Maintenance and Landscaninq Proaram consisfiing of supp4emental
stre�t sweeping, sEdewalk cleaning, bus sheiter cleaning, planting and landscape maintenance,
streetscape improuements, and trash receptacle pic{cup; and
� An Improvement Districfi Promotions Proaram consisting of recreational and cultural
enha�cements and ac#iviiies, a promo#iona! program, and the staging or monitor€ng afi special
recreational and cultural events; and
� An Improvemant District Marketina Proaram consisting of an ad�ertising and markefiing
campaign to promote the use of the District ta three target populations (primarily), downtown
work�rs, Wisitors, Fart Worth and Tarrant County residents; and
o An Impro�►ement District 5ecuritrr Pro�ram consisting of a public relafians crime prevention
campaigr�, pri�ate security farce coordination campaign, parking garage, and a parl�ing lot
security program; and
• An Impro�ement District Transportatifln and Parkinq Proqram cansisting of a campaign to
promote Fort Worth Transit Authority bus service and ridesharing, the de�elopment of a plan
concerning better utilization of short-term �arking facilities, and the impro�ement of traffic signs;
and
o An Impro�ement District Manaaement Proaram to provide for �he establishm�nt, adminis�ration
and operaiion of the District/activities and programs.
�`i�`y of Fori T�o�th, Teacas
��r �� G����j� �����i�icafj��
DATE REFEREIVCE NUMHER LOG NAME PAGE
8127102 �'ad13i� 0 � 3P1�-1 3 of 3
sug��cr PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1
(DOWNTOWN), ADOPT A BUDGET AND SERViCE PLAN, ADOPT A PR�PDSED
AS5ES5MENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2002-
2003, ADOPT AN ORDlNANCE APPROPRIATING CERTAIN FUNDS FOR THE
DISTRICT, ANI] AUTHORlZE A CONTRACT EXTENSI�N WITH DOWNTOWN FORT
W�RTH, INC. TO PROVfDE MANAGEMENT SERVECES �'�R THE DISTRfCT
FISCAL INFORMATION/CERTIFiCATION:
The Finance Director certifies that upon approval and completion af the above recommendatians and
adaption of the attached ap�ropriation ordinance, fun�s will b� available in the FY20D2-2�03 aperating
budget, as appropriated, of the Special Assessment District Fund.
CB:n
S�bmitted for City Manager's
Office 6y:
Charles Boswelj
Originating Depart�nent Hend:
dim Keyes
Additional Information Cantac#:
Linda Brown
I FUND
� (t0)
� 4&5) GS87
5183 � 6) GG01
5} GS87
I ACCOUI�IT I C�NTER
472001 002501002000
481306 �134090
��s�zo ooz�a�oozoao
8517 (from)
4) GG01 5380i0
7) GS87 539'�20
� s� �sa� ss9�2o
6030 j
0905800
0025d1402000
002501042000
� AMOUNT
CITY SECRETARY
$250,6D0.00
� z,soo.oa
�2�o,soo.ao
$250,Sp0.04
�s�2,�oo.oa
� 2,500:00
APPROV�D 481271�2
ORD.# 15202