HomeMy WebLinkAboutContract 28162CfiY S�Cf���,�� ��
C�N`�RACT � .
A11�El�TD1V.[E�TT TO A�TD EXTEI�TSION OF
COI�TRACT FOR Il�PROVE1VIEl�TTS A1�TI�IOR SERVICE�
II�T THE FORT W�RTH IIVIPROVEIi�EIiTT DISTRICT NO.10
(FY 2002-2003)
STATE OF TEXAS §
COUNTY OF TARI2ANT §
i7V�IEREAS, on October 16, 2001, the City of Fort Worth (the "Cxty") and
Downtown Fort Worth, Incorparated (the "Contractor"), �nt�red ia�.to City 5ecretary
Contract No. 27190, which provides for cartain irnpravements and sexvices to be
provided in the Fart Worth Improvement Dzstrici No. 10, which improvements and/or
services consist af a maintenance and landscaping program, a�ecurity program and
manage�nent program; and .
WHEREA�, the City and the Contracfor have mutually agreed that the a�oresaid
coniract shall be extended for an additional one-year period beginning October 1, 2002,
and ending Septemhez 30, 2003, but wiih �he aarnen.c�eants hereinafter contai_ned;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENT�:
That, for and in consideration of fi1�e rnntual covenants, prornises and agreements
contained herein, the City of Fort Worth, herein�fter refez�red io as "City", acting by and
through Cha�rles R. Boswell, its du�y authorized Assistant City Manager, anc� Down�own
Fart Worth Incorporated, hereinafter raferred to as "Contractor", acting by and thraugh
Gregg Upp, its duly authorized Chairman, do hereby covenant and agree as �allows:
1} That the a�oresaid contract far improvements andlor services in the Fort Worth
I�nprovement District No. 10, between the City and Contractor, datec� 4ctober 16,
2041, referred to as City Secretary Contrac� No. 2719Q, be and is hereby extended for
t�e period beginning October 1, 2402, and terminating on Septeznber 30, 20�3, but
with the �ollawing amendrnents thereto:
a) Section V, Term, is her�by amended by changing the f rst sentence thereof to read
as follaws {p. 4}: "The te�r.m of this contract will be for a period beginning
October 1, 2002, and terminating September 30, 2003."
b} Secfizon VI, Payz�n.enfs to Contractar, Subsection C, is h�reby changed to read as
follows {p. 4):
To�a1 revenues of the Disixict and payment� to the Contraet shall consist of th,e
following amounts for the following improvements and/�� ���Tjr��z w���h:--_ ,
arnounts are based on twelve (12) months of work: ,' �'
, �
� � , � r
Tota1
Cost
(1) a maintenanc� and landscaping program
(2) Cit� adrninistrataon fee
Totals
$93,750
2,000
$95,750
To Be
Assessed
2002-03 FY
$34,035
�
$3�,035 *
* The $61,715 difference between costs and ass�ssments reflec�s a subsidy of $53,176
from other S.I.D. activ:�ties generated by P.I.D. No. 1; $7,499 �rom "The T" for eontract
services; and $1,040 from the City for City owned properties in the district.
In fhe case af any improvements andlor services which the Contractor does not
provide thraughout the entire (12) month term of the contract, ihe Contractor shall
receive a prorated payment io cover the mont}� w hen such improvements and/or service
were actually provided.
(c) Section VIII, Indemnification, Subsection A and B, are hereby changed to read as
follo�rs:
A. THE CONTRACT�R COVENANTS AND AGREES TO, AND DOES
HERESY, INDEMNIFY AND HOLD �LA1ZMi,ESS AND DEFEND THE
CITY, ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL SUITS OR CLAIMS FOR DAMAGES OR INJ CJRIES,
INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR 1N
CONNECT�ON WITH ANY NEGLIGENT ACT OR NEGLIGENT
OM�SSION ON THE PART OF THE CONTRACTOR, ITS OFFYCERS,
AGENTS, SERVANT5, EMPLOYEES OR SUBCONTRACTORS, AND
THE CONTRACTOR DQES HEREBY ASSUME ALL LIASIIsITY AND
RESPONSIBILITY FOR INJURIES, CLAINIS OR SUITS FOR THE
DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND
OR CHARACTER, WHETHER REAL OR AS�ERTED, OCCURRiNG
DURING OR ARISING OUT OF THE PERFORMANCE OF TAIS
CONTRACT AS A RESULT (3F .ANY NEGLIGENT ACT OR
NEGLYGENT ONIISSION �N THE PART OF THE CONTRACTOR, IT5
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR
SUBCONTRACTORS. SUCH INDEMNIFICATION SHAI.L INCLUDE
WORKERS' COMPENSATIQN CLAIM� OF OR BY ANY�NE
WHOMSOEVER IN ANY WAY RESULTING FROM OR AR�SYNG UUT
OF THE CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN
CONNECTION HEREWITH, INCLUDING OPERATIONS OF
SUBC�NTRACTOR,S.
B. CONTRACTOR SI3ALL LIKEWISE INDEMN�FY AND HOLD
HARMLESS THE CYTY FUR ANY AND ALL INJURY OR DAMAGE TO
CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY
u � .��,tiy �.1�'J
#,�
_ �
AND ALL NEGLIGENT ACTS �R NEGLIGENT OMISSIONS OF
CONTR.ACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTOR, SUBCONTRACTORS, LICENSEE5 OR INVITEES.
2, . That except as hereby extended and amended, the pravXsions of such contract
sha11 rernain unchanged and in fiill force and effect.
WITNESS the following signatures and seals this �+� day of ,��„ , 2002:
CITY OF FORT WORTH
By:1��.�.. � � �'i �^' �[
Charles R. Boswell
Assistant City Mauager
APPROVED AS TO FORM
AND LEGALITY:
By: ..
Assistan City Attorney
Date: r �} � �j -- i� �
DOWNTOWN FORT WORTH, INC.
By: ��
Gregg Upp
Chairman
�1TTEST:
� . �'�
I� ��� �
5�7;��� a. . �c, ���) �
Gloria Pearson -' ���
City Secretary
� � _ _, �
Con� c �hori��a�ior�
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CYiy o, f�`ort` l�o��h, 7'exacs
ya� ��[ ��r���iQ G�����ic�ti��
� DAT� R�FERENCE NUMBER LOG NAM� PAG�
si27ro2 �-1371 � 13P1D-1 a � of 3
SUBJ�CT PUBLIC HEARING FOR F'ORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 10,
(EXPANDED DOWNT�WN AREA), A�OPT A BUDGET AND SERVICE PLAN, AD�PT
A PROPOSED ASSESSMENT ROLL, SET A BENEFfT HEARING DATE FOR FISCAL
YEAR 2002-2D03, ADOPT AN ORDINANCE APPROPRIAT�NG CERTAIN �UNbS FOR
THE DISTRICT, AND AUTHORIZE THE CITY MANAGER TO ENTER kNTO A
CONTRACT EXTENSI�N W[TH DOWNTUWN FORT WORTH, 1NC, TO PROVIDE
MANAGEMENT SERVICES FOR THE �ISTRICT
RECOMMENDAT�ON:
It is recommended #hat the City Cour�cil:
1. Ho1d a public hearing concerning the plan af services and budget for FY2QQ2-2003; and
2. Adjaurn such public hearing; and
3. Appro�e the attached budget ar�d service plan for FY2Q02-2003 as recammended by the Advisory
�aard of Public Impro�ement District {PID} No. 10; and
4. Authorize the iransfer of $1,04a.a� from the General Fund to the Special Assessment District Fund,
Pf D No. 10, FY2002-2003 praject accaunt; and
5. Adapt the attached appropriation ordinance increasing estimated receipts and apprapriations by
$1,Q4Q.OD �n the Special Asses�ment �istrict Fund from a�ailable funds; and
6, A�thorize the transfer of $2,ODO.OQ far administrative fees from the Special Assessment Dis#ricf
Fur�d, PID No. 10, FY20D2-20d3 project accoUnt to the General Fund; and
7. Autharize the City Manager to execute a cor�tract extension wiih Downtown Fort Worth, [nc. ta
pro�ide management services to the district far FY2a02-2003 in the amount of $35,a��.aa; and
8. Adopt the praposed assessment roll an file in the Office of the City 5ecretary and set Tuesday,
September 10, 2002, at 7:OD p.m. in the City Cauncil Chamber as the time and place of the benef�t
hearing; and
9. Direct the City Secretary to gi�e notice of the 5eptember 10, 20a2 meeting in accordance wiih 5tate
law; and
10. Appro�e adding to the 2002-2003 budget, as confingency, any unencumbered revenues from PID
No. 1 a assessments from prior years.
DISCIJSSION:
On Oc#ober 16, 2�01 (M&C G-13�07), the City Council approved Resolutian Na. 2786 establishing Fort
Worth PID No. 10.
�ity of �ort i�orth9 7'exas
ii�la�r�� �� ���i�cis �a����ica�i��
DATE R�F�RENCE NUMBER LOG IVAME PAGE
8127102 ��131'11 I 13PID-10 2 of 3
SUBJECT pUBLIC HEARING FOR FORT WORTH PIJBLiC IMPR4VEMENT DISTRICT NO. 10,
(EXPANDED DOWNTOWN AREA), ADOPT A BUDGET AND SERVICE PLAN, ADOPT
A PROPOSED AS5E5SMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL
YEAR 2002-2003, A�4PT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR
THE D15TR1CT, AN� AUTH�RIZE THE CITY MANAGER TQ ENTER INTO A
CONTRACT EXTEN510N WITH DOWNTOWN FORT WORTH, INC. TO PR�VIDE
MANAGEMENT SERVICES FOR THE DISTR{CT
The general nature of the improvements andlor services of the District si�afl include:
� A maintenance and landscapinp proqram consisting o# street sweeping, s�dewalk sweeping,
sidewal� cleaning and supplemental firash receptacl� pickup; and
o A�romotions proqram cansisting of recreational and culfural activities, a promationa{ program,
and the staging or monitoring of special recreaiional and cultural e�ents; and *
o A marketinn and comm�nications proaram consis#ing of an advertising, mar{�e#ing and
cammunicatians program; market avents and cooperative i-nerchandizing of DF'WI fogos, etc. in
cooperation with ather Fort Warth r�on-profits. *
� A securitv �raqram consisting of monitoring the existing bicycle, cruiser and mounted police
of�icers ta ensure adequate co�erage of the proposed district, a public relations crime pr�r►enfion
campaign, when nec�ssary, a publiclprivate secUrity force coordination program, and other
security related projec#s on an as-needed basis, wh�n funds are available; an�
• A transportation and parkina plannina proqram consisting of a transportation management
arganization, parking eoordinatian and managemenf whereever feasible, way-finding planning
and projects, interface planning between various transportation rnades and Iand uses, and
grantsmanship to deve�op and implement transportaiion and parking �elated programs which
solve identified problems in the prapased expansinn area af the distric�; and
o A manaqement pro�ram to provide for the establishment, administration and aperation of the
proposed expansion area of the District.
�` Much ofi this wark is presently being conducted in PID No. 9, for no additional cast to the proposed
expansion area of the �istrict; these existing �rograms will benefit the proposed district.
�'ity of �ort b�orth, �"exas
ya� ��i �����i� ��r�r���i�atf��
�ATE R�F'�R�NCE NUMBER LOG NAME PAG�
81271Q2 �_� 37� � 13PID-10 3 of 3
� su��ECT pUBLIC HEARING FOR FORT WORTH PUBLIC 1MPROVEMENT DISTRICT N�. 1Q,
(EXPANDED DOWNTOWN AREA), ADOPT A BUDGET AND SERVICE PLAN, ADOPT
A PROPOSED ASSESSMENT ROLL, SET A BENE�IT HEARING DATE FOR FISCAL
YEAR 2002-2003, ADOPT AN ORDINANCE APPR�PRfATING CERTAIN FUNDS FOR
THE DISTRiCT, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A
CONTRACT EXTENSIDN WITH D�WNTOWN FORT WQRTH, INC. TO PROVfDE
MANAGEMEIVT SER1l10ES FOR THE DISTRICT
�'ISCAL fNFORMAT[ONICERTIF�CATION:
The Finance Director certifies that upan approval and completion of the above recommendations and
adoption of the at#ached apprapriation ordinanc�, funds will be a�ailable in the FY2002-2003 aperating
budge#, as apprapriated, of the Special Assessment D�strict Fund.
CB:n
5ubmitted for City Manager's
Oftice by:
Charles Boswell
Originating Department Head
Ji�n Keyes
Additional Tnfarmation Contact:
Linda Brown
FLTND
(to)
j 4} G587
6183 6) GG01
5) GS87
�
$517 I {from)
5) GG01
7) GS87
6} GS87
6030
I ACCOUN'1' f CENTER
472001 002514002400
481306 0134010
sss��o 002510�0200D
AMOUNT
CITY SECRETARY
� APPROVED 08/27/fl2
� ORD.# L5203
1
�
538070 090580a $ 1,p4D.�0
s�s�zo aoz�i0002aoo �s5,o75.00
53912� OQ251D002DD0 $ 2,D00.00
$ 1,040.00
$ 2,aoo.00
$ 1,044.DQ