HomeMy WebLinkAboutContract 62273CSC No. 62273
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 19 (Historic Camp Bowie)
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 CAMP BOWIE DISTRICT, INC., a Texas nonprofit corporation,
("Contractor") acting by and through 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 August 14, 2018,
the City Council of the City of Fort Worth adopted Resolution No. 4966-08-2018 establishing Fort Worth
Public Improvement District No. 19 (the "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, such improvements and services constitute a supplement to standard City services
and an added increment of service to provide other special benefits and services that 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 of this Agreement for the City's 2024-2025 fiscal year (October 1, 2024 — September 30, 2025)
("Fiscal Year").
2. IMPROVEMENTS AND SERVICES FOR THE DISTRICT.
2.1. Scope 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
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
Management and Improvement Services Agreement OFFICIAL RECORD
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FT. WORTH, TX
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 related duties and responsibilities:
(a) Oversee the bidding and awarding of any third -party contracts for the 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. 5312-12-2020 (the "PID Policy"), a copy of which Contractor
hereby certifies it has received and which is incorporated herein by reference for all
purposes.
(b) Monitor work performed by any subcontractors for any of the 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 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.
(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.
The City within its reasonable discretion, reserves the right to require the PID, at its sole
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expense, to re -locate, repair and/or remove any PID funded improvements for purpose of
carrying out a public service.
(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. Options for publishing may be allowed to be
presented on the official PID district website or may be mailed.
(i) Conduct, at minimum, quarterly advisory board meetings open to the public, which will
include, at a minimum: a published agenda; updates on activities occurring within the
District, including security updates, landscaping, City coordination issues, an 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. At the request of the Contractor's president, arrange for guest presenters to attend
meetings.
i. Contractor will be required to publish the advisory board agendas on the
official PID district website, take minutes at each advisory board meeting
and provide those minutes to the Director of the Economic Development
Department of that person's authorized designee ("Administrator") upon
request.
I Contractor must ensure that advisory board meetings are open and accessible
to the public, where members of the public will be allowed to attend and
record such meetings.
iii. A list of the informal advisory board members, along with the documented
process for appointing the informal advisory boards is attached hereto as
Exhibit "C" and incorporated herein. The Contractor will notify the
Administrator, in writing, if membership on the board changes during the
term of this Agreement.
(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, including advisory board meeting schedules for the fiscal year,
including times, locations, and agendas
vi. Current budget of the District;
vii. Meeting Minutes;
viii Current Five -Year Service and Assessment Plan; and
ix. Current year's assessment ordinance.
(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 District
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.
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(1) If Contactor receives any non -assessment revenue generated from the PID, including, but
not limited to, event sponsorships, 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. Funding generated from programs of Camp Bowie District Inc. would not be
provided to the City.
i. Contractor must provide the City with monthly reports (in accordance with Section
6.3) detailing any and all revenue received by Contractor from non -assessment revenue
generated from the District.
ii. Contractor must pay the City all such non -assessment revenue generated from the
District on or before September 30, 2025.
(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 the 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
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
Administrator prior to being accepted by the Contractor.
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(q) Designate one of its employees to be the primary District Manager. This individual shall
serve as primary point of contact for the Contractor and be responsible for ensuring all
work in the approved Service Plan and budget is completed — either by subcontractors or
through self -performance in accordance with subsection (z) and Section 6.2.
(r ) Participate in meetings of City of Fort Worth departments of Economic Development,
Financial Management Services, Park and Recreation, Transportation and Public Works,
and Internal Audit to coordinate District activities.
(s) 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.
(t) Maintain complete set of all available historical records of all District activity to include
District charter, minutes of meetings, and agreements/contracts with other entities, grant
applications, etc. from the beginning of the District to present.
(u) Work with all District committees to coordinate and handle all details associated with
public events that are sponsored by District.
(v) 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).
(w) Contractor will work with the City's Park and Recreation Department 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) The PILOS shall be adjusted year over year effective fiscal year 2026 by adding
an amount equal to a flat 3%, to the PILOS amount paid during the previous fiscal
year.
(ii) 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
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I. Repair backstops
J. Repair tennis nets or replace nets and fence repair
K. Restripe parking lots
(x) Comply with all duties and responsibilities set forth in Exhibit "B" . "C" and "D", which
are attached hereto and made a part of this Agreement for all purposes; and
(y) In addition to performing district administrative functions outlined under Section 2.1 (a)-
(x) of this Agreement, the District Manager designated under subsection (q) may, with
Administrator's advance written approval, directly provide or perform District
Improvements and Services in accordance with Section 6.2, the adopted Service Plan, and
Exhibit D "Additional Scope of Work." Costs for directly provided services will not be
considered administrative expenses subject to the 20% limitation on the Management Fee,
but costs therefore may not cause the District to exceed its currently approved budget —
either for the categories of services being directly provided or overall. The Administrator
reserves the right, in that person's sole reasonable discretion, to prohibit the designated
primary District Manager from performing or charging for any job functions outside of this
Agreement on behalf of or for the Contractor.
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
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, or engages a subcontractor to employ, 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 includes, but not be
limited to, any employee, agent, subcontractor, representative, security officer, or off -duty
Fort Worth Police officer hired by the Contractor to provide Security Services within the
District. "Security Services" does not include any duties or responsibilities related to the
Ambassador Program, running radar on drivers, writing parking citations, investigating
crimes, or other job functions normally performed by on -duty police officers. Contractor
bears 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, or engages a subcontractor to employ, off -duty Fort Worth police
officers to provide Security Services, the parties understand, acknowledge, and agree that,
while performing Security Services for the Contractor or subcontractor, as applicable,
under this Agreement, the off -duty officers are not considered employees of the City of
Fort Worth, except as provided herein. Contractor must direct or ensure that the
subcontractor directs residents to call 911 in the case of an emergency. Off -duty Fort Worth
police officers working for the Contractor or subcontractor, as applicable may 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 -
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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. If the Contractor employs, or engages a subcontractor to employ, off -duty
Fort Worth police officers to provide Security Services, then the Contractor or
subcontractor, as applicable, must use a City -prescribed and approved form for
reimbursement.
(c) The Contractor may request the use of on -duty Fort Worth police officers working on an
overtime basis to provide services within the PID boundaries. Such use must receive prior
approval from the City and be coordinated with the Fort Worth Police Department to ensure
compliance with departmental policies and procedures. While performing their duties
within the PIDs, these officers shall operate under the supervision and direction of the City,
in coordination with PID managers, and carry out their standard responsibilities, including
but not limited to responding to calls for service, patrolling, and enforcing laws. The City
shall cover all associated costs using PID funds, and the Contractor shall not be responsible
for any direct payment or compensation to the officers.
(d) 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;
(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;
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(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.
(1) City's Park and Recreation Department ("PARD") will coordinate with the Administrator
and PID Manager over the PID District (as hereinafter defined) to conduct a mandatory
pre -work coordination meeting prior to commencing any work in park areas within the
District. This meeting must be held to:
i. Review and agree on the project scope and expected outcomes.
ii. Discuss and resolve any concerns related to project logistics, timelines, and
potential impacts on park users and amenities.
(m) PARD will notify the Contractor immediately if there is any change in the scope of work
during the execution of the project. Both parties must:
i. Review and approve any changes in scope before any further work is carried out.
ii. Document all changes, including the nature of the changes, the reasons for the
changes, and any agreed -upon modifications to timelines or budget.
3.2 The City will 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.
3.3 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, personal property, real property, 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, 2024 ("Effective Date") and, unless
terminated earlier in accordance with this Agreement, expires on the later of September 30, 2025 or the date
that all obligations of the City and Contractor have been met in accordance with the terms herein ("Term").
6. FUNDING.
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 Ninetv-Eight
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Thousand. One hundred and Fiftv-Two Dollars and No Cents ($98.152.00) in equal monthly installments
("Management Fee"). This amount is reflected in the Budget and Service Plan as the "Management Fee".
The term Management Fee includes any and all administrative costs incurred by the Contractor to perform
its duties and responsibilities under this Agreement, including, but not limited to, the insurance requirements
set forth in Section 13, rent, office space, telephone charges (wired and wireless), office and general supplies,
salaries, clerical costs, project management fees and costs, staff expenses, professional development,
training, education, and the like. Exhibit A also contains a separate line item for "Insurance", which includes
the costs of insurance for any policies not required under Section 13.
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. To the extent Improvements and
Services are directly performed by the primary District Manager designated in Section 2. l (q), the time spent
and costs associated with such self -performance must be documented in writing. The documentation shall
clearly outline the scope of work, including specific tasks, responsibilities, and deliverables associated with
the additional job functions and the dollar amount associated with each additional job function and must
document how such self -performed service differs from services provided by a subcontractor. This
documentation must be provided by the Contractor to the City for review and approval prior to any billing
or payment for self -performed work. All Improvements and Services must comply with the terms of the
adopted budget and Service Plan. Self -performed work may not be billed or paid for unless such work is
reflected in Exhibit D, "Additional Scope of Work," and performed in compliance with adopted Service
Plan and the terms of this Agreement. The scope and costs of the additional job functions must be reflected
in Exhibit D, which shall require approval of the Administrator and may require approval by the Advisory
Board before implementation.
6.3 Process for Pavment. 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 2024, Contractor must
submit a written report to the Administrator detailing the Improvement 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, any amount paid for contract work that is self -
performed, a summary of any amounts awarded to vendors for contracts, year-to-date
payments, original invoices, check register/bank statement demonstrating invoices have
been paid, 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
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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.
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' advanced 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. 24534-11-2020, as amended, the
City has established goals for the participation of Business Equity Firms 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.
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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 assignees,
except to the extent caused by the negligence or willful misconduct of the City.
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
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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.
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 DOES HEREBYASSUME ALL LIABILITYAND
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 EXCEPT
TO THE EXTENT THAT THE SAME IS CAUSED BY THE NEGLIGENCE OR WILFULL
MISCONDUCT OF THE CITY. 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, BUT NOT LIMITED TO, OPERATIONS OF
SUBCONTRACTORS EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OR WILFULL
lu/ICYKU��/Z/I�U1CU�1►; /a[�►i�Y
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,
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 11 of 23
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.
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.
(d) LAW ENFORCEMENT LIABILITY INSURANCE - If the Contractor hires off -duty police
officers to act as security personnel as part of the Services herein, then Contractor must
maintain law enforcement liability insurance in an amount not less than $1,000,000.00
covering each occurrence with an aggregate limit of not less than $2,000,000.00. This
insurance may be obtained as an endorsement to Contractor's comprehensive general
liability insurance, if available.
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.
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 12 of 23
(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.
(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.
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 13 of 23
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
discourteous to the public. The 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 or direct hire 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 advanced 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.
fG��KIZ1] 9 3:1XI I C1]\kL"/ I Y. [y 1101
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
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 14 of 23
inspections of all work data, documents, proceedings, and activities related to this Agreement. Such right
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 advanced 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:
City of Fort Worth
Attn: PID Administrator
Economic Development Dept.
100 Fort Worth Trail, 14t' Floor
Fort Worth, Texas 76104
Copy to:
City Manager and
City Attorney
100 Fort Worth Trail, 14' Floor
Fort Worth, TX 76102
Contractor:
Camp Bowie District, Inc.
Attn: Lydia Guaj ardo Rickard
4731 Camp Bowie Boulevard, Suite
Fort Worth, Texas 76102
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 Contractor is also subject to the City's Donations Policy and Records Retention Schedule,
which the City will make available upon request, which includes, but is not limited to, the requirement that
all records subject to any litigation, claim, negotiation, audit, public information request, administrative
review or other action involving such records not be destroyed until the completion of the action and the
resolution of all issues arising from the action (including any seed money received by the Contractor from
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 15 of 23
the City for the benefit of the District). Furthermore, fiscal records must be retained based on final date of
repayment, if the repayment date is beyond the end of the Term.
23. GOVERNMENTAL POWERS.
23.1 It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
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. NO BOYCOTT OF ISRAEL
30.1 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 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services 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" has
the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor:
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 16 of 23
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
31.1 Contractor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a written
verification from the Contractor that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms "boycott energy company" and "company"
have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature
provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
32. PROHIBITION ON DISCRIMINATION AGAINST FIREARMS AND
AMMUNITION INDUSTRIES
32.1 Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly
from public funds of the City with a company with 10 or more full-time employees unless the contract
contains a written verification from the Contractor that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity", and "firearm trade association" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Contractor certifies that Contractor's signature provides written verification to the City that
Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
33. ENTIRETY OF AGREEMENT.
33.1 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.
[Signature Page Follows]
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 17 of 23
EXECUTED in Fort Worth, Tarrant County, Texas as of the last date indicated below:
City: Camp Bowie District, Inc.:
1�.17�� C.c�rii,>z �cutia��7o�- Ric%a�r%
By: William Johnson( v3,202407:51GMT+1) By: Lydia Guajardo ickar (Oct 31, 202412:59 CDT)
Name: William M. Johnson Name: Lydia Guajardo Rickard
Title: Assistant City Manager Title: Executive Director
Date: 11 /03/2024 Date: 10/31 /2024
lei UV9410TO.14 &Vd[IIJ:41081►1Yswe/:Ia-1101 I11►to9:1810i=5
Approval Recommended:
By: Robert Sturns (Oct 31, 202414:34 CDT)
Name: Robert Sturns
Title: Economic Development Director
Approved as to Form and Legality:
By: �f
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0777(September 17, 2024)
Form 1295: 2024-1180097
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.
By: Lacey. @fY—thtexa.ov Lacey. Ruiz@fortworthtexas.gov (Oct 31, 202414:09 CDT)
Name: Lacey Ruiz
Title: Sr. Contract Compliance Specialist
City Secretary: P� FOR>°oaad
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By:
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 18 of 23
Exhibit "A"
Budget and Service Plan
City of Fort Worth
Five Year Service Plan - FY 2025 - FY 2029
Public Improvement District No. 19 - Historic Camp Bowie
REVENUES
PID Assessments
CCFW Payment in lieu of Services
Budget Wevenues
Use of Fund Balance
Total Revenues
EXPENSES
Management Fee
Beautification
Sated+ & Security
Economic Development
Marttetrig & Communications
Audit
City Administrative Fee
City Administrative Audit
Total Budget Expenses
Contribution to Fund Balance
Total Expenses
Net Change in Fund Balance
Estimated Fund Balance, Beginning of Year
Estimated Fund Balance, End of Year
Reserve Requirement
Over (Under) Reserve
`FY2025 Assessment Rate = $.10
FY 24J75
FY 25126
FY 2W27
FY 2712B
4 49D,76D
5
510,391
5
530,806
5
552.039
38,887
38,887
39.665
39,665
S 529,647
S
549,278
$
570,471
S
591,703
25,098
7,867
14,926
16,060
3 554,745
S
557.145
$
595,397
$
6117,763
$ 98,152
5
98,152
5
114,094
5
113,341
$ 2113,00D
S
208.0D0
$
208,000
5
263,01XI
$ 63,000
5
63.000
$
56.150
5
72,755
$ 7B,o0D
5
B0,0D0
S
84,000
S
85,(86
$ 84,009
5
84,00
5
98,20,11
5
97,Q2o
$ 10,000
$
10.400
$
10,816
5
11,249
$ 10,593
$
10.593
$
11,017
5
11,457
3 3,00D
5
3,OD0
5
3,12C
5
3,245
S 554,745
S
557.145
$
585,397
$
507,763
-
5
-
$
-
$ 554.745
S
557,145
$
595,397
S
W7,763
3 (25,098)
$
{7,a67)
$
(14,926)
$
(16,(159)
171,689
146.592
138.724
123.799
14B,592
138,724
123.799
107,740
92,876
97.586
191,314
103.174
3 53,716
$
41.139
$
22,485
$
4,565
FY 28f29
$574r120
40,458
S 614,578
4,344
S 618,923
5 122.916
S 208,000
$ B0,042
5 74.255
5 106.722
S 11,599
$ 11,916
$ 3,375
S 610.923
S 618,923
$ (4,344)
107,740
103,395
103,174
S 221
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 19 of 23
EXHIBIT `B"
ALLOCATION
METHODOLOGY
This concerns the allocation methodology for shared expenses related to Contractor's management of
Public Improvement Districts 19 — Historic Camp Bowie ("PID") as well as its own private operations.
Contractor is a private, non-profit organization dedicated to revitalizing Camp Bowie Boulevard 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 office rent,
accounting, bookkeeping, tax preparation, and audits.
Contractor contracts with the City to manage the annual improvements and services for the PID
.. As part of that agreement, 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 the 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:
Board Lunches:
50% PID 19 - Historic Camp Bowie
50% Member Funded
*Roughly half of the discussions pertain to each category
Office Snace Rent:
90% PID 19 - Historic Camp Bowie
10% Camp Bowie District
*CBD administrative oversight of marketing and promotional activities take place in shared office space;
all other activities pertain to PID 19
Accounting/Bookkeeuine/Tax Pren/Financial Audit:
80% PID 19 - Historic Camp Bowie
20% Camp Bowie District
*The majority of time spent on PID 19 activity per The Walton Group (PID 19 Bookkeeper/Tax Prep
group)
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 20 of 23
EXHIBIT "C"
ADVISORY BOARD MEMBER INFORMATION AND APPOINTMENT PROCESS
ADVISORY BOARD MEMBERS
No.
Board Member
Property/Business
1
Mary Ho
Tokyo Caf6
2
Edward Schaefer
Stepp Investments LLC
3
Dan Custer
Custer Properties
4
Shelby Nelson
Custom Peridontics
6
Jackie Read
4650 Camp Bowie
7
Jared Cox
6201 Camp Bowie
• The above stated board members will chanize to the below defined anointment Drocess
be2innin2 in October 2025, and will be uDdated thereafter in a midvear adjustment.
APPOINTMENT PROCESS
The Camp Bowie District Inc Board of Directors at -large appoints such an advisory body the composition
and membership thereof will be determined by Camp Bowie District Inc in accordance with Section 372.008
of the Act. The City Council hereby reserves the right to assign responsibility for preparation of the ongoing
Service Plan for the Historic Camp Bowie PID to another entity in the absence of such an advisory body, as
authorized by Section 372.013( a) of the Act.
The Advisory board shall be made up of seven (7) total members and will meet quarterly. The Advisory
Board will include four (4) members denoted as property owners from the Camp Bowie District Inc Board
of Directors and three (3) members identified as property owners with no required affiliation to the Camp
Bowie Inc Board of Directors. Members can be nominated and considered for Advisory Board Members.
No membership is required.
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 21 of 23
EXHIBIT "D"
ADDITIONAL SCOPE OF WORK
Executive Director/PID Manager
Additional Scope of Work
COMPENSATION:
Total Compensation: Executive Director will be paid $120,000 total compensation for management and
associated PID management and additional work as detailed below and accounting for each subcategory of
the approved service and assessment plan Exhibit A.
Compensation Review: Total compensation is subject to annual and midyear reviews for performance
increases or cost -of -living adjustments. The Executive Director may qualify for an increase based on the
Board of Directors' review, depending on the timing of the Executive Director's entry, and requires majority
support from the Board. Any changes to compensation shall require approval of the PID Administrator,
following the same process as outlined in Section 6.2 of the agreement.
BREAKOUT OF SALARY:
Management Fee — 20% of salary associated with PID management
Manage budget, collect RFPs for vendors. Work with accounting group each month to assemble monthly
invoice, downloading of all billing items for backup. Handle all HR issues. Other duties as listed in Section
2 of the Management Agreement.
Beautification — 20% of salary associated with PID responsibilities
Identify annual priorities as beautification projects. Responsible for solidifying funding for projects,
developing timelines and implementation of the plans. Identify grant opportunities for application. Work
with City of Fort Worth departments and TxDot to develop timeline, feasibility, and implementation of
annual projects. Projects could include arbor plantings and replacements, light pole refurbishment and
replacement, triangle/pork chop improvements, median improvements. Work completed by the PID
Manager that is billed to the City and justified as Beautification must not duplicate the responsibilities of an
existing subcontract or the responsibilities of what a typical subcontract for Beautification would achieve for
the Public Improvement District. Upon request, the PID Manager must show how the work billed to the City
as Beautification is different than an existing subcontract for Beautification.
Safety & Security — 20% of salary associated with PID responsibilities
Identify new programs creating a safer environment for Camp Bowie District. Work with FWPD West
Division to create and implement community safety programs. Identify funding opportunities for new
programs that do not have budgeted funding in PID budget. Continue programs such as Safety
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 22 of 23
Conversations and meeting individually with businesses in partnership with NPOs to provide evaluations
and analysis of properties for safer environments. Continue to focus efforts on reducing the presence of
homelessness in the area. Work completed by the PID Manager that is billed to the City and justified as
Safety and Security must not duplicate the responsibilities of an existing subcontract or the responsibilities
of what a typical subcontract for Safety and Security would achieve for the Public Improvement District.
Upon request, the PID Manager must show how the work billed to the City as Safety and Security is
different than an existing subcontract for Safety and Security.
Economic Development — 20% of salary associated with PID responsibilities
Coordinate all efforts with Design Review Committee. Work with Development Services to evaluate all
UDC, BOA and Zoning cases to determine variances to existing code. Work with developers to find
compromises and create the most beneficial design and development to best suit the vision of Camp Bowie
District. Work with City staff members to identify incentive opportunities for future development. Identify
blighted areas for redevelopment. Conduct market research to provide brokers and developers with strong
reasoning for doing business on the Boulevard. Work completed by the PID Manager that is billed to the
City and justified as Economic Development must not duplicate the responsibilities of an existing
subcontract or the responsibilities of what a typical subcontract for Economic Development would achieve
for the Public Improvement District. Upon request, the PID Manager must show how the work billed to the
City as Economic Development is different than an existing subcontract for Economic Development.
Marketing & Communications — 20% of salary associated with PID responsibilities
Provide support to marketing manager. Develop marketing and communications strategies that position
Camp Bowie among varied audiences. Develop visibility and awareness campaigns positioning Camp
Bowie District among consumer markets. Continue to support staff member in the implementation of CBDI
events such as Holidays on the Boulevard, Camp Bowie Cleanup, and other in -person events. Work
completed by the PID Manager that is billed to the City and justified as Marketing and Communication must
not duplicate the responsibilities of an existing subcontract or the responsibilities of what a typical
subcontract for Marketing and Communications would achieve for the Public Improvement District. Upon
request, the PID Manager must show how the work billed to the City as Marketing and Communications is
different than an existing subcontract for Marketing and Communications.
Subject to Board Approval:
Signatures:
i
Executive Director/PID Manager: Lydia Gua;ardo [g2k Cura-L Racka,Nd
ickar (Oct 31, 202412:59 CDT)
Board of Directors Representative: e� Schaefer (Oct 28,202412:04 CDT)
Date:10/28/2024
Management and Improvement Services Agreement
with Camp Bowie District, Inc., for PID 19 (Historic Camp Bowie) 23 of 23
M&C Review Page 1 of 3
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA F 'T4 iI
Create New From This M&C
DATE: 9/17/2024 REFERENCE NO.: M&C 24-0777 LOG NAME: 17ED PID19FY25
CODE: B TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 3 and CD 7) Conduct Public Benefit Hearing for Fort Worth Public Improvement
District 19 - Historic Camp Bowie, Adopt the Ordinance (1) Approving and Adopting the
Fiscal Year 2024-2025 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year
2024 Assessment Roll, and (2) Levying Special Assessments for the 2024 Tax Year at a
Rate of $0.10 Per Each $100.00 of Property Value for Commercial Property; Authorize
Execution of an Agreement with Camp Bowie District, Inc., in the Amount of $98,152.00 to
Manage the Public Improvement District; and Adopt Appropriation Ordinance
(PUBLIC HEARING - a. Report of City Staff: Lacey Ruiz; 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 19 - Historic Camp Bowie for the
2024 tax year;
2. Adopt the attached ordinance (1) approving and adopting the Fiscal Year 2024-2025 budget
in the amount of $554,745.00, five-year service plan, assessment plan, and tax year
2024 assessment roll (on file with the City Secretary) for the Camp Bowie Public
Improvement District; and (2) levying special assessments on the commercial property
located in the Camp Bowie Public Improvement District for the 2024 tax year at the rate of
$0.10 per each $100.00 of property value (Service Assessment Plan and Assessment
Ordinance);
3. Direct the City Secretary to record a copy of the Service Assessment Plan and Assessment
Ordinance in the real property records of Tarrant County, Texas no later than the seventh
(7th) day after adoption by the City Council;
4. Authorize the execution of an agreement with Camp Bowie District, Inc., in the amount of
$98,152.00 to provide management of the improvements and services for the Camp Bowie
Public Improvement District during Fiscal Year 2024-2025; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Fort Worth Public Improvement District 19 - Historic Camp Bowie Fund in the amount
of $554,745.00, of which (1) $529,647.00 is from available funds and (2) $25,098.00 is from
available unreserved fund balance.
DISCUSSION:
On August 14, 2018, the City Council adopted Resolution No. 4966-08-2018, establishing the Fort
Worth Public Improvement District 19 - Historic Camp Bowie (Camp Bowie PID).
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year
2024-2025 budget and five-year service plan for the Camp Bowie PID and the proposed assessments
to be levied on each property in the Camp Bowie PID for the 2024 tax year. Following the public
hearing, it is recommended that the City Council take the following actions: adopt the attached
ordinances (1) approving and adopting the budget, five-year service plan, assessment plan, and
assessment roll; (2) levying the proposed assessments; and (3) appropriating funds.
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M&C Review
Page 2 of 3
The improvements and services to be provided in the Camp Bowie PID during the Fiscal Year 2024-
2025 and the costs thereof are as follows:
Fiscal Year 2025 Budget
I Improvements II Total Budgeted Cost I
Management Fee II $98,152.001
Beautification II $208,000.001
Safety & Security II $63,000.001
JEconomic Development $78,000.001
Marketing & Communications $84,000.001
Audit II $10,000.001
City Administrative Audit $3,000.001
City Administrative Fee $10,593.001
Total Expenses II $554,745.001
The total budgeted costs of the improvements and services are in the amount of $554,745.00. Of this
amount, $490,760.00, will be funded by assessments collected on privately owned parcels located in
the Camp Bowie PID by applying a rate of $0.10 per each $100.00 of property value for commercial
property. The remainder of the costs in the amount of $63,985.00 will be funded by other revenue
sources including: (a) $38,887.00 in direct payments from the City for Payment In -Lieu of Services,
and (b) $25,098.00 transferred from the unaudited, unassigned fund balance.
On August 27, 2024, the City Council conducted a public hearing to receive comments on the
proposed 2024-2025 Fiscal Year budget, five-year service plan, and 2024 assessments for the Camp
Bowie PID. Notice of the August 27, 2024, benefit hearing and this hearing were published in the Fort
Worth Star- Telegram and mailed to all owners of property on record in the Camp Bowie PID on
August 9, 2024, in accordance with state law.
Funding will be budgeted within the FWPID #19 — Hist Camp Bowie Fund for Fiscal Year 2025.
The Camp Bowie PID is located in COUNCIL DISTRICTS 3 & 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption
of the Fiscal Year 2024-2025 Budget by the City Council, funds will be available in the Fiscal Year
2025 operating budget, as appropriated, in the FWPID #19 - Hist Camp Bowie Fund. Prior to any
expenditure being incurred, the Economic Development Department has the responsibility to validate
the availability of funds.
TO
Fund Department Account Project Program Activity ' Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
I I ID Year (Chartfield 2)
Submitted for Citv Manaaer's Office bv: William Johnson (5806)
Oriainatinci Department Head: Robert Sturns (2663)
Additional Information Contact: Lacey Ruiz (2608)
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M&C Review
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ATTACHMENTS
FY25 Form 1295 - PID 19.pdf (CFW Internal)
ORD. PID 19 - HISTORIC CAMP BOWIE SAP AND ASSESSMENT FY25 vFINAL.docx (Public)
ORD.APP 17ED PID19FY25 AO(r5).docx (Public)
PID 19 FID TABLE FY25.xlsx (CFW Internal)
PID 19 HISTORIC CAMP BOWIE (removed CD).ndf (Public)
PID 19 FY2025 Budaet vFinal 08052024.pdf (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=32484&councildate=9/17/2O24 10/24/2024