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HomeMy WebLinkAboutContract 45178 CITY SECRETA CMUCT"woo MANAGEMENT , IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 6 (Plark Glee This MANAGEMENT AND IMPROVEMENT SERVICES ("Agreement"), ]i s made and entered into by and e WORTH (the "Ci ) a home rule mum 6 cipal corporation organized under the laws of the State of Texas acting by and through Fe a sty, Its duly authorized, Assistant City Manager, n Texas corporation s e as I R IC RESIDENTIAL TEXAS,, INC., ("Contractor") acting by and through Cindy C. Huey, 'Its duly authorized President. RECITALS The following statements are true and correct n constitute the basis upon which the City and.Contractorhave entered into this Agreement: pursuant to Chapter 2 of' the Texas Local Government Code on September 22, 19,98, the City Council of the City of Fob Worth adopted s u n No., 24,5l3 creating '+ r Worth Public Improvement 'District (the "Dike iet") and WHEREAS.) the City is authorized to utilize the District o un .er ale improvements special" of the City thin the i stri WHEREAS,and/or services that confer. the City Council s authorized to and colliect special assessments, property n the Inc . based on the special se ices conferred by the, improvements, an r. services,, to play the cost of such prove tints and services; and WHEREAS, the City desires to enter 'into a written agreement with Contractor for provision of certain improvements and services 'in the District, as dire specifically set f �n this, .ree tint and WHEREAS, such improvements and services constitute a supplement to standard services and an added increment service t provide er special benefits an s ��� which will enhance the vitality and quality of the District, WHEREAS, Contractor wishes to assist the City by providing, furnishing, or performing such improvements and services*, NOW, THEREFORE, for and 'in consi*deratlon e mutual coven a is promises., and agreements,contained herein, the City and Contractor do hereby,covenant agree as follows.- 7 OFFICIAL RECORD ' 0 FF1 W� ORD Page 1, 171 Management and Improvement Services Agreement C17y 3ECRETARY TARY � T with FirstService Residential Texas,Inc. FTa WORTH, NrX, P ark glen) 3 t AGREEMENT 1, ENGAGEMENT OF CONTRACTOR. The City hereby engages the Contractor, and the Contractor hereby agrees to provide, fumish, oversee or perform in accordance with this Agreement the improvements and/or services set forth 'in Section 2., 2. IMPROVEMENTS AND SERVICES FOR THE, DISTRICT., 2.1. Scope of Contractor's Duties. Contractor shall provide or cause to be provided those improvements and services (the "Improvements and Services") set forth in and subject to the Service Plan and Budget for the District approved by the City Council for the fiscal year covered by this Agreement (the "Service Plan and Bu et" (which 'is attached hereto as Exhibit "A" and hereby made a part of this Agreement for all purposes), as may subsequently be amended, and the ordinance adopted by -the City Council levying assessments on properties in the District t'or 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 shall also comply with the following related duties and s- responsi 1 1 bl*l*tie0 (a) Oversee the bidding and awarding, of any third party contracts for the above-referenced Improvements and Services in accordance with the guidelines set forth in the Policy and guidelines for Public Improvement Districts adopted by the City Council pursuant to Resolution No. 3711-012- 2009 (the 11PID Policy"), a copy of which Contractor hereby certifies it has received and which 'is i"'nco:rporated herein by reference, for all purposes, (bi), Monitor work performed by any subcontractors, for any of the above- referenced Improvements and Services to ascertain that all such work is performed completely, professionally, and with the appropriate level of quality and to make whatever changes, are necessary to achieve these objectives; (c) Obtain, maintain and pay for insurance necessitated by the above- referenced Improvements and Services, as may be directed or,reviewed by the City's Risk Manager; (d) In accordance with Section 372.013 of the Texas Local Government Code and the PIID Policy, prepare a Service Plan and Budget for the first five (5) Page 2 Management�tnd Improvement Services,Agreement with First rvice Residential Texas,Inc. PID 6(Park Glen) years following the fiscal year covered by this Agreement, to be adopted .It 19 1 by the advisorybody for the District or other entity designated I by the City and approved by the City Council; (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, (f) Comply with all other duties and responsibilities set forth in the guidelines of the PID Policy; (g) Receive advance written approval by the Director of the City's, Parks and Community Services Department or his/her designee prior to any authorized construction or maintenance of capital improvements in any. dedicated City park; and (h) Comply with all duties and responsibilities set forth in Exhibit "B". attached hereto and hereby made a part of this Agreement for all purposes. A 41 2.2. Contractor CoMpensation. As full compensation for the provision of all Improvements and Services during, the Term of this Agreement, -the City shall pay Contractor the sum of$107,753.00, which amount is reflected in the Service Plan and Budget as "Management Fee," which amount 1 1 i shall be paid in prorated installs in accordance with Section 6 hereof. 2.3. Standard of Care; Nature of Relatio'nshM. Contractor shall commence, carry on, and provide the Improvements and Services with all practicable dispatch, in a sound economical, 51 and efficient man-ner, i , n accordance with this Agreement and its attachments and all applicable laws. Contractor shall ensure that any work on the Improvements and Services, is properly coordinated with related work being performed by the City. Contractor represents that it has, or will secure at its own expense,, all materials, supplies,, machinery, equipment, accessories, and services necessary to provide the Improvements and Services. Unless otherwise specifically prodded herein, all of the Improvements and Serv* I rovi ices will be performed by the Contractor or under the Contractor's supervision. All personnel engaged by the Contractor shall be fully qualified to perform those Improvements and Services delegated to them. 2.4. SecuE±y Peirsoinnelf, In the event Contractor employs, security personnel as a part of providing Improvements and Services under the Agreement, Contractor hereby assumes sole responsibility for any and all acts or omissions of security personnel in the performance of their responsibilities hereunder. Security personnel shall include, but not be limited to, Page 3 Management and Improvement Services Agreement with FirstService Residential Texas, Inc. PID 6(Park Glen) any employee, agent, representative,, security officer, or off-duty Fort Worth Police officer hired by -the Contractor to provide Security Services within the District. "Security Services"' shall not include running radar on drivers, wn6ting parking citations, investigating crimes,, or other job functions normany performed by on-duty police officers. Contractor, shall, bear sole responsibility, if any, for reporting its payment, for each security personnel's services as taxable income to the Internal Revenue Service. If Contractor employs off-duty Fort Worth police officers to provide Security Services, the parties understand, acknowledge, and agree that, while performing Security Services for the Contractor under this Agreement, the off-duty officers are not considered employees of the City of Fort Worth, except as provided herein. Contractor, shall direct residents to call 911 in the case of'an emergency. Off-duty Fort Worth police officers working for the Contractor shall not answer calls for police service from Police Department dispatchers except in the event of a fife-threatening emergency, in which case P I I the off-duty officer would then be considered "on-duty"' and working as an employee of the City of Fort Worth. If the off-duty officer becomes aware of a situation that warrants immediate police action within the District, he or she can take police action while also advising, on-duty officers of the situation. Responsibility for the incident will be transferred to an on-duty officer as soon as one reaches the scene. 3* CITY'S DUTIES AND RESPONSIBILITIES, The City shall provide the following services in connection with operation of the District and the Cointractor's perfon-nance 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 the same level of services in the District as that which the City provides in comparable areas of the City (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 Distn*ct,- (f) Preparing an annual report of delinquent property assessments and liens thereon to be assigned to the City's delinquent tax collection attorney'. Page 4 Management and Improvement Services Agreement with FirstService Residential Texas, Inc. PID 6(Park Glen) (g) Making regular reports, to Contractor concerning delinquent assessments and making billings thereon as necessary; and (h) Producing an annual assessment roll of property owners and property with-in the District. The City shall have no financial obligation to the District other than levying and collecting the assessments levied by the District, except as provided in Section 3(c) above, and, pursuant to and in accordance with this Agreement, paying for Improvements and Services that Contractor performs in the District. 4. AMENDlMENTS�., This Agreement may not be amended unless executed in writing by both parties. 5. TERM. This Agreement shall commence October 1, 2013 (the fective Date") and, unless terminated earlier in accordance with this Agreement, expire September 30, 2014 (the "Term") 60 RELEASE OF FUNDS TO CONTRACTOR, 6.1. Procedure. Periodically, but not more frequently than once, per month, Contractor shall present to the individual or individuals designated by the City to oversee and administer the District (the "Administrator") a report of the Improvements and Services provided by Contractor since (i) for the first report under this Agreement, the Effective Date and (ii) for all, subsequent reports, the date of the previous report. All, such reports must include documentation sufficient demonstrating to the Administrator that any sums plaid or incurred by Contractor have been paid or are due. Provided that all such necessary reports and supporting documentation have been provided to the Administrator, the City shall pay the Contractor f6r all lawful expenses made or incurred by Contractor within fifteen (15) business days of receipt of all such reports and supporting, documentation. Notwithstanding anything to the contrary herein, the City shall not be required to pay Contractor any amount that exceeds the then-current balance, of District revenues or that is not in accordance with, the Service Plan and Budget for the then-current fiscal year. 61.2. Work Reports. Contractor shall also submit a periodic work report, no less than quarterly, to the Administrator. This work report shall detail all of the Contractor's significant work Page 5 Management and Improvement Services Agreement with First Service Residential'I'exas, Inc. III 6(Park Glen): activities in the District. The format of the report shall 'be mutually agreed upon by the Al 0 Contractor and the, Administrator. Notwithstanding, anything to the contrary herein, payments to Contractor may be withheld 'if any such report is not received. The Administrator shall have the fight to ven*fy that the report is complete, and accurate., 6.3. Ins ufficlient Djistrk Funds. In the event that District revenues are not available or are insufficient for the City to make any payment to Contractor hereunder, the City will promptly, notify Contractor. At Contractor's request,, the City and the Contractor shall meet and attempt to negotiate an amendment 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 shall have the right to pay the deficit on a non-reimbursable, basis), in which case this Agreement shall continue in effect. If such an amendment cannot be successfully negotiated and Contractor does not elect to fund the deficit, either party may terminate this Agreement upon thirty (3'0) days' advance written notice to the other party 7, DISCRIMINATION PROHIBITED. Contractor, in the execution, Performance, or attempted performance of this Agreement, will not discriminate agai,nst any person or,persons because of sex,, race, religion, color, national r"o in ion or familial status, nor will 'the Contractor permit its officers, agents, ig sexual orientat' employees or subcontractors to engage in such discri'mination. This Agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article 111, Division 3 (Employment Practices) of the Code of the City of Fort Worth, and Contractor hereby covenants and agrees, that Contractor, its officers,, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee or applicant for employment has been discriminated against under the terms of such ordinances by either Contractor, its officers, agents, employees or subcontractors. 8. BUSINESS DIVERSITY ENTERPRISE ORDINANCE In accordance with City of Fort Worth Ordinance No. 200,20-12-2011, effective June 1, 2012,1 the C,ity as established goals for the participation of Minority Business Enterprises CIMBEsl) and Small Business Enterprises `1S s" in City contracts. Contractor shall 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 shall constitute a breach of this Agreement and be grounds for termination of this Agreement by the City. 9, CONTRACTOR LIABILITY. Page 6 Management and Improvement Services Agreement with FirstService Residential i"exas,Inc. PI '6(Park Glen) Contractor hereby assumes full liability for any damages to any public or private property due to the negligence of Contractor,,, its subcontractors, agents,, permitees or assigns. 10, LIABILITY OF CITY'- PERSONAL LIABILITY OF PUBLIC OFFICIALS, No employee of the City, nor any other agent of the City, shall be personally liable for any damages caused by Contractor, its officers, agents, servants, employees, contractors and subcontractors or any other liabilities of'Contractor under this Agreement or otherwise related to this Agreement. It is further expressly agreed that the City shall not be liable or responsible for any damages caused by Contractor, its officers, agents. ,, servants, employees, contractors and subcontractors or any other liabilities of Contractor under this Agreement or otherwise related to this Agreement, nor shall the City be liable or responsible to Contractor or any other person for sided for by in*unc ' or on account of any stoppage or delay in the work herein pirovi �j tic n 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, CONTRACTOR COVENANTS' AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS AND, EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR CLAIMS FOR DAM,4GES OR INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY ., WHETHER REAL OR ASSERTED., ARISING' OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT OR, NEGLIGENT OMISSION ON THE PART OF THE CONTRA CT"OR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS, AND THE CONTRACTOR DOES HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER., WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE PERFORMANCE OF THIS CONTRACTAS A RESULT OFANY NEGLIGENTACT OR NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE WORKERS' CO PENS CIO N CLAIMS OF OR BY ANYONE WHOMSOEVER IN ANY WA Y RESULTING FROM OR ARISING OUT OF CONTRACTOR"S WORK SERVICES AND OPERATIONS IN CONNECTION HERE WITH, INCL UDING OPERA TIONS OF SUBCONTRA,CTORS. CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE CITY FOR ANY AND ALL INJURY OR DAMAGE TO, CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL NEEL IGENTACTS OR NEGLIGENT OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS,SUBCONTRACTORS, LICENSEES OR INVITEES. Page 7 Management and Improvement Services Agreement with First Service Residential Texas, Inc. PID 6('Park Glen) Insurance coverage specified herein constitutes the minimum requirements and such requirements shall in no way lessen or limit the liability of Contractor under the terms, of this Agreement. 12. INDEPENDENT CONTRACTOR, it is expressly understood and agreed that Contractor shall perforrn all work and services described herein as an independent contractor,and not as an officer,, agent.) servant or employee of the City that Contractor shall have exclusive, controll of the details of the services and work performed hereunder, and all persons performing the same; and shall be solely responsible for the negligent acts and negligent ornissions of its officers, agents", employees,, contractors, and subcontractors-, that the doctrine of respond eat superior shall not apply as between, City and agents, employees, contractors and subcontractors and that nothing Contractor its officers, I herein shall be construed as creating a partnership or Joint enterprise between City and Contractor. No person pe,rform,ing any of the work and services described hereunder shall be considered an officer, it y. consi agent, servant or employee of the C* 13. INSURANCE. Contractor shall not commence work under this Agreement until it has of and received approval fro the City of all insurance coverage required hereunder. Contractor shall be responsible for delivering to the Administrator a certificate or certificates, of insurance demonstrating, that Contractor has obtained the coverage required under this Agreement, that all insurance policies provided pursuant to this Agreement are endorsed to name the City as an additional insured, and that all such insurance policies cover not only Contractor, but also Contractor's contractors and subcontractors. The minimum insurance required of Contractor is as follows.- WORKER'S COMPENSATTON INSURANCE,- Contractor shall maintain throughout the Tenn of this Agreement statutory Worker's Compensation Insurance on all of its employees to be engaged in undertaking any Improvements or Services hereunder. In case any class, of employees engaged in hazardous work under this Agreement is not protected 'under the state's Worker's Compensation statutes, Contractor shall provide adequate employer's general liability insurance for the protection of such employees not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: Contractor shall maintain throughout the Term of this Agreement a commercial, general liability insurance policy in an amount of not less than $1,000,000 covering each occurrence with an aggregate limit of not less, than $2,000,000. Page 8 Management and Improvement Services Agreement with FirstService Residential Texas, Inc. PID 6(Park Glen) OMBILE NSURANCE - BODILN NJURY AND PROPERTY DAMAGE.- Contractor shall maintain throughout the Term of thus Agreement comprehensive automobile liability coverage in an amount not less than $1,000,0010 for each accident. i Ths policy shall cover any automobile used in the provision of Improvements and Services under this Agreement. The 'insurance company with who Contractor's insurance is written shall be represented by an agent or agents, having an office located within the Dallas-Fort Worth metropolitan area. Each such agent shall be duly qualified, upon whom service of process may be had,, and must have authority and plower to act on behalf of the insurance company to negotiate and settle with the City, or any the 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 shall be set forth on all certificates of insurance. All policies must provide that they may not be changed or canceled by the insurer in less than, five (5), days after the City had received written, notice of such change or cancellation. Such insurance amounts may be revised upward at City's request, and Contractor shall revise such amounts, within thirty (30) days after receipt of such request. 14, TAXES,. Contractor shall pay all federal, state and local taxes that may be chargeable on any Improvements and Services provided hereunder or otherwise in relation to Contractor's, duties and obligations hereunder. 15, PERMITS. Contractor shall and shall cause any of 'its contractors and subcontractors to obtain and pay for any necessary permits and licenses, whether 'Issued by the state, county or City,, before proceeding with any work hereunder that requires any such permits. 16, CHARACTER OF WORK AND OPERATIONS. Contractor and Contractor's employees,, contractors and subcontractors shall be competent and careful workmen skilled in -their respective trades. Contractor shall not employ any person who repeatedly engages in misconduct or 'is incompetent or negligent in the due and proper performance of his duties or has been convicted of any crime of moral turpitude. The City shall retain the right to, require the Contractor to remove any employee who is guilty of misconduct toward the public or is in any way discourteous to the public. This work is being. performed, for * V the public benefit and it is necessary that it be performed in an acceptable We manner and at a satisfactory rate of progress. Contractor shall at all times maintain its equipment in a clean, serviceable condition. All equipment shall be properly licensed and inspected and clearly marked with the Contractor's name and telephone number. Page 9 Management and improvement Services Agreement with Fir stService Residential Texas. ,, Inc. PID 6(Park Glen) I7, ASSIGNMENT AND SUBCONTRACTING. Contractor shall have the right to suhcon rat for the provision of any Improvements and Services authorized hereunder so long as the subcontract is in Writing, Contractor shall provide the Administrator with at final executed copy of all subcontracts.,cts. The existence of at subcointrac,t shall not relieve Contractor of any responsibility or liability to the City under this Agreement. Otherwise, Contractor may not assign, transfer or covey any of its duties and responsibilities der this Agreement to other party without the advance written approval of the City and execution by such party of a written agreement with the City under which such party agrees to he hound by the duties and obligations of Contractor under this Agreement. 18'. DEFAULT. All terms, conditions and provisions of this Agreement shall be considered material, and Contractor's failure to perform any part of this Agreement shall constitute an event of default hereunder. Should the Contractor fall to fully curie 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 ate this Agreement by providing written notice to Contractor. Notwithstanding the foire oing, City may terminate this Agreement for any reason upon thirty 3 � calendar days' pin-oir written notice to Contractor. In the evert of any termination, any work in progress will continue to completion unless specified otherwise in the City's termination notice. The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. 19. COOPERATION WITH CITY. Contractor shall., at such time and in such form as City may require,, furnish periodic information eoneern r t e status ' t e re t ec an such�" � other statements, certificates an approvals: relative to the project as may he requested by the City. Contractor shall meet with the Administrator, or tither City officials as may he requested to discuss any aspect of this Agreement. 2 BOOKS AND RECORDS; AUDITING RIGHTS. Contractor shall maintain complete and accurate records with respect to all expenditures and costs incurred for all Improvements and Services provided hereunder. All such records shall he maintained on a generally accepted accounting basis and shall he clearly identified and readily accessible to the City. Contractor shall provide representatives of City or its appointees free Page Management and Improvement Services Agreement with Firstservice Residential`texas, Inc., PID 6 Park Glen) access to such books and records, at all proper times, in order that they may examine and audit the same and make copies thereof Contractor shall further,allow the City and 'Its, representatives to make 'Inspections of all work data, documents,, proceedings and activities related to this Agreement. Such right of access and audit shall continue for a period of three (3) years from -the date offinal payment under this Agreement. The City shall also have the, right to, conduct a performance audit and evaluation of Contractor at such times as the City deems necessary. Contractor shall, ftilly 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 is consultants access to all reports, data, schedules and other relevant information which may be required to conduct such performance audit. 21, NOTICES, Any notices, bills,, invoices or reports required by this Agreement shall be conclusively determined to have been delivered three (3) business days after deposit in the United States mail,, in. a sealed envelope with sufficient postage attached,, to the addresses listed below or such other addresses as may from time to time be provided to the other,party: lt�l Contractor: City of Fort Worth FirstService Residential Texas, Inc. Attn: PID Administrator Attu-, Cindy Huey, President Housing and hconomic Development 3102 O�ak Lawn Avenue, Suite 202 1000 Throckmorton Street Dallas, TX, 75219-4241 Fort Worth,, Texas 76102-63 11 22. COMPLIANCE WITH LAWS., ORDINANCES, RULES AND REGULATIONS. No" This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 23. GOVERNMENTAL POWERS, It 'is, understood that by execution of this Agreement,, the City does not waive or surrender any of it governmental powers or immunities:. 24, NO WAIVER. Page I I Management and improvement Services Agreement with Fir stService Residential Texas,Inc. II D 6(Park Glen) The failure of either party to insist upon the performance of any to or provision of this 0 Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to 'insist upon appro riate performance or to assert any such right on any fu ca future occasion. P 25. VENUE AND:JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis ofany provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort, Worth sion. This Agreement shall be construed in accordance with the laws oft State ofTees. 2661 NO THIRD PARTY RIGHTS,. The provisions and conditions, of-this Agreement are solely for the bene,fit of the City and Contractor and are not intended to create any rights, contractual or otherwise, to any other,person or entity. 27. INTERPRETATION. In the event of any dispute over the, meaning or application of any provision of this Agreement, this Agreement shall be 'Interpreted fairly and reasonably, and neither more strongly for or against any.party, regardless of the actual drafter of this. Agreement. 28. CAPTIONS., Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 29. ENTIRETY 01F AGREEMENT. This Agreement, including any exhibits attached hereto and any documents *incorporated herein by reference, contains the entire understanding and agreement between the City and Contractor as to the matters, contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with n any provision of-this Agreement. Page 12 Management and Improvernent Services Agreement with Fi,rstService Residential Texas,Inc. PID 6(Park G I en) 0a COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be *dred n original, but all of which shall constitute one instrument. consi e a EXECUTED as,of the last date *Indicated below,-, CITY OF' FORT WORTH,* FIRSTSERVICE RESIDENTIAL TEXASI INC** By: (4#A By Ferniando Costa Cindy C. flue3C'.) Assistant Clity Manager 'President Date: Date-.1 ATTEST,: ATTEST'., zliBy . 'Aary tr ame J. Ae�)m City S,ecr itle. APPROVED AS TO FORM AND LEGALITY.- A B AU 06A Maleshia B.'Farmer, Senior Assistant City Attorney. M&C..' BH-3011 9-10-13 ................. Page 13 Management and Improvement Services Agreement OFFICIAL RECORD with First Service Residential'I'exas, Inc. ECORD PID 61(Park Glen) CITY SECRETARY I 'X FTt WORT?fo� TX EXHIBITS 44A19 —Service Plan and Budget for the Distric"t —Additional Services to be Provided by Contractor Management and Improvement Services Agreement w ith Premier Communities Management Company I I PID 6(Park Glen) Exhibit"A" City of Fort Worth Proposed Five Year�rv`ie Plan Public improvement Disqtr No.6-Park Glen FY 13/14 FY 14/15 FY 1S/16 FY 16/17 FY 17/18 REVENUES Budget Budget Budget Budget Budget PI D Assessments $ 1,14 ,5,66 1;1461566 $ 10146756,6 1p1415,566 101464,5,66 City Payment In-Lieu of Services $ 1,74,043 $ 174,043 $ 174,043 174,,043 $ 1740043 Prior Years'Assessments $ 4,0000001 $ 34 ,0o 3400000 340,000 $ 3,400000 Total Revenues 1p720pCWD9 1,,660p,609 $ 1166Oe6O9 1,6 ,6O9 $ 106600,609 EXPENSES Management Fee $ 107,753 $ 111,jm3 $ 111,883 $ 1-16,178 il,50,178 Water $ 2,41,886 $ 241t8ft $ 2-41o886 $ 241,886 $ 241,886 Utilities $ 17,489 $ 17,p4,89, 5 17,489 $ 17JI489 $ 17,489 Landscape,/Tree Maintenance $ 603,11a9 $ 5951,531 $ 601, 25 $ 594,789 $ 594,42 Fence l Maintenance $ 132J9,00 125�,984 $ 122,900 $ 12,21900 $ 122;900 Holidary Lighting $ $ 15,,.532 $ 15,r532 $ 151,5132 15,532 Security Enhancements, $ 137,2 137,,2,81 $ 13,70281 137,281 137,,281 Co,mmun ion5/Newsletters $ 127 1 $ 9,261 $ 91,270 $ 9,,275 V75 Public Events $ 25�000 $ 250000 $ 22,5,81 $ 241517 $ 24,. 4 Capital Improvements 49,536 $ - $ - $ - $ - Insurance 15,750 $ 15,750 $1 15,750 $ 15,750 $ 15,750 Annual Reese w 21,0,81 $ 2-y O81 $ 20 8:L $ 21081 $ 2,,081 City Administration Fee 22,,931 $ 22,,931 $ 220931 $ 22.,931 $ 22,931 Budget Expenses 1F3800609 $ 1,320,,609 $ 1,320,609 $ 10-320,,609 $ 1j3200 609 Estimated Operating,Reserve 340�000 $ 3400,0010 3401,000 $ 3401000 $ 34010*0 Total Expenses $107200609 $1,660,609 $106600609 $1,6601609 $1,6606609 'Managlement and Improvement Services Agreement with FirstService Residential Texas PID 6(Park Glen) T7 r.xhibit"B"' Additional Services to be 'Provided by Co,nt'ractor (a), Contractor shall assign one of its employees to manage the PID and, unless otherwise agreed by the City in writing, Contractor, agrees that the management of the PID shall be the sole activity for the assigned employee and such employee shall not manage any other properties for Contractor- (b) Participate in meetings of City of Fort Worth departments of Housing and Economic Development, Parks, Transportation and Public Works, Internal Audit, and Budget to coordinate PID activities*, (c) Participate in all meetings of the PID advisory body or other entity selected, by the City for assistance in the preparation of the Service Plan and Budget for the District, and update members of' any such entity as to authorized PID projects and other pertinent matters. At the request of the PID advisory body or other entity selected by the City, arrange for guest presenters to attend meetings*, (d) Establish means of communication for citizen input to report problems and make! suggestions to the PID. Coordinate responses to citizen 'Input with the PID advisory body or other entity selected by the City,* (e) Maintain a full and accurate accounting of disbursements for reimbursement from ty, PIID revenues, providing the PID advisory body or other entity selected by the C"I with a monthly accounting statement, (f) Monitor recurring expenses and perform comparative analysis to identify emerging trends and real or potential problems. Notify the PID, advisory body or other entity selected by the City of trends and unusual or excessive expenses-, (g) Maintain complete set of historical records f`all PID activity to include P'ID charter, minutes of meetings, and agreements/contracts with other entities,, grant applications,., etc., from the beginning of PID to present; and (h) Work with all PID committees to coordinate and handle all details associated with public events that are sponsored by PID. The Contractor shall commence, carry on, and provide such improvements and/or, services, with all practicable dispatch, in a sound, economical, and efficient manner I in accordance with this contract and its attachments and all applicable laws. Management and Improvement Services Agreement with Fir stService Residential Texas PID 6(park Glen)