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HomeMy WebLinkAboutContract 45307 CITY COMTRACT NOS ,MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT City,of Fort Worth Imvrovement Distriect.15 (Sun Valley) This MANAGEMENT AND IMPROVEMENT SERVICES AGREEMIENT ("Agreement"') Is made and entered into by and between the CITY OF FORT WORTH "City"), a home rule municipal corporation organized under the laws f the State of Texas acting y and through Fernando Costa its duly authon'zed Assistant 10 A City Manager, d I DEVELOPMENT, LL C, a Texas limited 1 ab y company ("Contractor"), acting by and through Jack Thompson, its duly authorized President., RECITALS The Following statement as true and correct and constitute the bas i's upon which the City and Contractor have entered into this Agreement: W. AS,Pursuant to Chapter 327 of the Texas Local Government Code on August 21, 2 � 2 the City Council of the City o Fort Wow adopted Resolution No. 4120-,08-2012 establishing the City of Fort Worth Pub c Improvement District No. 15 the "District" and WHEREAS,, the City is authorized to utilize the District to dert e improvements and/or services the confer special benefits on the part of the City within the Districts and WHEREAS, the City Council is authorized to lei and collect special assessments or property n the District, bred on the special services conferred by the improvements and/or services,to pay the cost of such improvement and services; and WHEREAS, the City desires to enter Ito *tten agreement with the Contractor for provision of certain i prove ent and services in the District, as more specifically set forth "in this Agreement; and WHEREAS, such * provernents and services constitute a supplement to standard City services and added increment o ,service t+ provi e other special benefits d services which Will enhance the vitality and quality of the Districte, and WMREAS, Contractor Wishes to assist the City by providing, shin managing, or performing such improvement and services; NOW, THEREFORE, for and in consideration olt the mutual covenants, promises and agreements contained herein the City and Contractor do hereby covenant and agree as follows Page Management and Improvement Services Agreement r t .Orasi Development LLB;. OFFICIAL RECORD PID 15(Sun Valley) CITY SECRETARY RECEIVED JAN 21014 FX WORTH, TX AGREEMENT 11 'ENGAGEMENT OF CONTRACTOR. The City herby engages the Contractor, and, the Contractor hereby agrees to p rov i anc"de, furnish, manage or perform 'in accorde with this Agreement the improvements,and/or se rvices set fourth 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 Servi,ces") set fourth in and subject to the Service Plan and Budget for the District approved by the City Council for the fiscal year covered by this Agreement (the "Service Plan And Budget") (Whichis attached to Petition as "Exhibit A" and hereby made part of this Agreement for all Purposes), as may subsequently be amended, and the ordinance adopted by the City Council l,evym" g assessments on properties "in the District for Such Improvements and Services (which ordinance in a public document on file 'in the City Secretary's, Office and is hereby incorporated for all purposes)l. Contractor shall comply with all the following related duties and responsibili ties o (a) Oversee the bidding and awarding of any third party contracts for the above-references Improvements, and Siervices in accordance with the Policy and Guidelines for Public Improvement Districts adopted by the City Council pursuant to Resolution No. 3711-02- 2 9 (the "PIID 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 subcontractor 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 Govenunent Code and the ID Policy, prepare a Service Plan and Budget for the first five (5) years following the fiscal year covered by this Agreement, to be adopted by the advisory body for the Page 2 Management and Improvement Services Agreement with Orasl Development LLC. PID 1 5(Sun Valley) District or other entity designated by the City and approved by the City Council- (e) Maintain a full and accurate accounting of disbursements for reimbursing from District Revenues and all other financial reporting requirements set forth in the PID Policy- 7 (f) Comply with all other duties and responsibilities set forth in the guidelines of the PID Policy; and (g) Comply with all duties and responsibilities set forth 'in ExhiNdt B, attached hereto and hereby made a part of this Agreement for all purpose. 211z* C ntractor 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 $5,°900.00, i which amount s reflected in the Service Plan and Budget as "Management Fee," which amount shall be paid in prorated *installments in accordance with Section 6 hereof 2.3. Standard of Caret Nature of Relations" 11 Contractor shall commencel, carry on, and provide the Improvements and Services with all practicable dispatch, *in sound, economical, and efficient manner, in accordance With this Agreement and its attachments and all applicable laws. Contractor shall ensure that any work o Imp n the p'ro've i vements and Services s 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 shall be fully qualifflied to perform those!Improvements,and Services Delegated to them. 2.4. Securily Personnel. 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, any employee, agent, representative, secunty officer, or off- duty Fort Worth Police officer, hired by the Contractor to provide Security 4, Services within the District. "Security Services" shall not include running radar Page 3 Management and improvement Services Agreement w ith Orasi Development LL,C. i I PID 15(Sun ) Valle.Yy' on drivers,, writing parking citations, investigating ewes, or other job functions normally performed by on--duty police officers. Contractor shall bear sole W A responsibility, if any, for reporting 'Its, payment for each security personnel's responsi I I I services as taxable income to the Internal Revenue Service. If Contractor employs off-duty Fort Worth police officers to provide Sec *ty p un 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 life-threatening emergency, 'in which case the off-duty officer would -then be considered "on-duty' and working, as an employee of the City of Fort Worth. If i the off-duty office,r becomes, aware of a situation that warrants ire edi'ate 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, LITY'S DUTIES SPONSIBILITIES. The City shall provide the following services in connection with operation of the District and the Contractor's performance under this Agreement-,, (a), Levying and collecting assessments and recording the same 'in a separate revenue account; (b) Making payments to Contractor from special assessment revenues and other District revenues; (c) Maintaining the same level of services 'in the District as that which the III City provides in comparable we areas of the City; (d) Maintaining complete and detailed records concerning any expenctiture of special assessment revenues,and other District revenues, which are made through City departments, boards or agencies, (e) Beta' 'n. 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, Page 4 Management and Improvement Services,Agreement with O rasi Development LLC. I I PID 15(Sun Valley) (g) Making regular reports to Contractor concerning delinquent assessments and Hl 1 mak*n ling ing there as necessary; and (h) Producing an annual assessment roll of'property owners and property w itliin the District. i The City shall have no fmancial 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 the Contractor performs in the District. 4. ADMENDMENTS. This Agreement may not be amended unless,executed in writing by both parties. 510 TERM This, agreement shall commence October 1, 20113 (the "Effective Date") and, unless terminated earlier *in accordance with this Agreement, expire September 30, 2 4 (the "Term"). The Agreement shall automatically renew annually for subsequent additional one-year terms unless cancelled in writing by either party before the October I`of each subi see quent year. 6, RELEASE OF F' DS' TO CONTRACTOR, 6.1. Procedure. Periodically, but not more frlequently than once per month, Contractor shall present to the i *Individual or ndividuals designated by the City to oversee and ad ester 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 (1-0 for all subsequent reports,, the date of the previous report. All such reports must clude documentation sufficient demonstrating to the Administrator that any sums paid or incurred by Contractor have been paid or are due. Provided that all such necessary reports and supporting documentation have been provided to the Admim'strator, the City shall play the Contractor for all lawful expenses made or 'incurred by Contractor Within fifteen (15) business, days of receipt of all such reports and supporting documentation. Notwithstandm* g 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. Page 5 Management and Improvement Services Agreement wit h Oras'Development LLC. I PID 15(Sun Valley) 6.2. 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 a . 0 . fficant work activities in the District. The format of the re ort shall be sigiu P mutually agreed upon by the Contractor and the Administrator. Notwithstanding anything to the contrary herein, payments to Contractor may be Withheld if any such report is not received. The Administrator shall have the right to verify that the report is complete and accurate. 6.3. Insufficient District Funds. In the event that District revenues are not available or are insufficient for the City to make any payment to Contractor hereunder, the City Will promptly notify Contractor. At Contractor's request, the City and the Contractor shall meet and attempt to negotiate an amendment 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. I'f such an amendment cannot be successfully negotiated, Contractor shall have the right to pay the deficit on as 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 term]*nate this Agreement upon thirty (30), days' advance written notice to the other party. 7. DISCRIMINATION PRO,MBITED. Contractor, in the execution, performance, or attempted performance of this Agreement, Will not discriminate against any person or persons because of sex, race, 0 nor will the religion, color, national origin, sexual orientation or familial status, Contractor permit its officers, agents, employees or subcontractors to engage in such discrimination. This Agreement is made and entered into With reference specifically to the ordinances codified at Chapter 17, Article 111, Division 3 (Employment Practices) of the Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, agents, employees and subcontractors,, have fully complied with all provisions of same and that no employee or applicant for employment has been =' discn*l ated against under the terms of such ordinances by either Contractor, its officers, agents, employees or subcontractors. 86, BUSINESS DIVERSITY ENTERPRISE ORDINANCE In accordance with City of Fort Worth Ordinance No. 200201-12-2011, effective June 1, 2012, the City has established goals for the participation of Minority Business 4, Enterprises 1` Es" and Small Business Enterprises (11SB Es") in City contracts. Contractor shall comply, and require that its subcontractors comply, with the terms of'this Page 6 Management and improvement Services Agreement with Draw Development LLC. I PID 15(Sun Valley) ordinance and any amendments thereto. Failure by the Contractor to comply, or to i *ts subcontractors to comply, with such ordinance shall constitute a breach of this requ re I p I Agreement and be grounds for termination of this Agreement by the City. 91 CONTRACTOR LIABILITY, Contractor hereby assumes full liability for any damages to any public or private property due to the negligence of Contractor, its subcontractors, agents, p�ermitees or assigns. 10. LIABIL CITY .j PERSONAL LIABILITY O�F 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 daniages 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 respHe to Contractor or any other, person for or ors of any stoppage or ionsi delay M' 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. CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD,HARKLESS A"DEFEND THE CITY, ITS OFFICERS AND EMPL 0 YEES, FR:OM AND A GAINSTANY AND ALL S U11S OR CLAIMS FOR DAMA GES OR INJURIES, INCL UDING DEA TH , TO! ANY AND, ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED,A"SING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT A C'T OR NEGLIGENT OMISSION ON THE PAR T OF THE CONTRA CTOR, ITS OFFICERS, A GENTS, SER VANIS EMPLOYEES OR SUBCONTRACTORS, A1VD THE CONTRACTOR DOES HEREBY ASSUME ALL LiABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE DAMAGES TO PERSONS OR PROPERTY, OF WIL41SOEVER JUND OR C11ARACTER1 WBETHER REAL OR ASSERTED, OCCURRING DURING OR SIN UT OF THE PERFORMANCE OF THIS CONTRACT AS A RESULT' OF AAT NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS. SUCH INDEMNIFICATION SIL4LL INCL UDE WORKERS I COMPENSA TION CLAIMS OF OR B Y AArYONE Page 7 Management and Improvement Services Agreement with !ral Development LLC. PID 15(Sun Valley) JIWOMSOE IN ANY WA Y S TINE FR OM O SING 0 UT OF CONTRA CTOR IS WORK, S'.�R V7CES AND OPERA TIO S IN C HERE R7TH,INCLUDING OPERATIONS OF S UB CONTRACTORS. CONTRACTOR S11ALL LIKEWISE'IAIDEA17VIFY AND HOLD IL4RMLESS THE CITY FOR ANY AND, ALL J?Y OR D CITY ARISING OUT OF OR IN CONNECTION JHTH AAT A ALL NEGLIGENT CTS NEGLIGENT OMISSIONS F CONTRACTOR,, ITS OFFICE , SUBCONTRACTORS LICENSEES OR I TEES, Insurance cover ge specified herein„ constitutes the minimum requirements, such requirements, shall In no way lessen or limit -the liability of Contractor under the terms of this Agreement. 12. INDEPENDENT CONTRACTOR, It is expressly understood and agreed that Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the City; that Contractor shall have exclusive control of the details of the services and work performed hereunder, and all persons perfo *ng the same-, shall he solely responsible for e negligent acts and negligent er t omissions of its officers, agents, employees,ees, c+ ntractors and subcontractors that the doctrine of r espon eat superior shall not apply as between City and Contractor, its officers, agents, employees, contracture and subcontractors; and that nothing herein shall he construed as creating partnership or joint en.terpnse between City and Contractor. No person performing y of the work and services described hereunder shall he considered an officer, agent, servant or employee of the City. 13. INSURAN,CE. Contractor shall not commence work under this Agreement until it has obtained d received approval from the City of all 'insurance coverage required hereunder. Contractor shall he responsible for delivering to the dministrator a certificate or certificates of insurance demonstrating that Contractor.ctor as obtained to coverage required der 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 insur ance required of Contractor is as,follows: WORKER'S COMPENSATION INSURANCE: Contractor shall maintain throughout the Term of this Agreement t statutory Worker's Compensation Insurance on all of its employees to be engaged in undertaking any Improvements Page Management,and Improvement Services Agreement Orasli PID 1 '(Sun Valley) or Se-rvices hereunder. In case any class of employees engaged in hazardous work under this Agreement Is not protected under the! state's, Worker's Compensation 16y V statutes,, Contractor shall provide adequate employer's general lia61t bi i insurance for the protection of such employees not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: Contractor shall m ain ai* t in throughout the Tenn of this Agreement a commercial general liability insurance policy in an amount of not less than $1,000,000 covering each occ ' recce wi th an aggregate lirm"t of not less, than$2,000,000. ur AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: Contractor shall maintam' throughout the Term of this Agreement comprehensive automobile liability coverage in an amount not less than $1,000,000 for each accident. This policy shall cover any automobile used in the provision of Improvements and Services under this Agreement. The insurance company with whom Contractor's 'insurance is written shall be represented by an agent or agents having an office located within the Dallas Fort Worth metropolitan area. Each such agent shall be duly qualified, upon who 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 claim t, or any property owner who has been damaged may have The name of the agent or agents shall be against the Contractor or 'insurance company. set forth on all certificates of insurance. All policies must provide that they may not be chan 0 1 fed or canceled by the 'insurer in less than five (5) days after the C*ty 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 M' 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 proceedi 0 g with any work hereunder that requires any such permits. Page 9 Management and Improvement Services Agreement w' Orasi Development LLC. ith P 15(Sun Valley) 16. LHARA CT: R OF WORK AND OPERATIONS, Contractor and Contractor's employees, contractors and subcontractors shall be competent and careful workmen skilled M` 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 i's guilty of misconduct toward the public car is, any way discourteous to the public. This work is being performed for the public benefit and it is necessary that it be performed in an acceptable manner and at a satisfactory rate of progress. Contractor shall at all times maintain its equipment in a clean, serviceable condition. All equipment shall be properly ficensed and "inspected and clearly marked with the C retract is name and telephone number. 17. ASSIGNMENT'A" SUBCONTRACTING, Contractor shall have the right to subcontract for the provision of any Improvements and Services authorized hereunder so long as the subcontract is in Writing. Contractor shall provide the Admu" Ustrator with a final executed copy of all subcontracts 'The existence of a subcontract shall not relieve Contractor of any responsibility or liability to the City under this Agreement. Otherwise, Contractor may not assign,transfer or convey any of its duties, and responsibilities under this Agreement to another party w'thout the advance *tten approval of the C*ty and exiecut*on by such party of a 'tten I Wrl 1 1 VM agreement with -the City under which such party agrees to be bound by the duties and obligations of Contractor under this Agreement. 18. DEFAULT. All terms,, conditions, and provisions of I 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 fail to fully cure any default hereunder within fourteen (1 4) calendar days after receipt from the City of written notice of the default (or, provided that Contractor has diligently commenced and continuously I 1 118.6 attempted cure Withi i n such tme, such acic-utional 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,, to "hate this Agreement by providm* g written notice to Contractor. Notwithstanding the foregoing, City may terminate this Agreement for any reason upon thirty (301), calendar, days' prior written notice to Contractor., In the event of any to 'nation, any work in progress, will continue to completion unless s *f I peci ied otherwise in the City's termination notioce,. The, City shall pay for any such work in pro' ess that is completed by Contractor and accepted by the City., Page 10 Management and improvement Services Agreement with Orasi Development LL,C. PID 15(Sun Valley) 19, COOPERATION WITH CITY, Contractor shall,, at such time and 'in such form as City may require, furnish periodic infonnation concerning the status of the project and such other statements, certificates and approvals relative to the project as may be requested by the City. Contractor shall meet with the Administrator or other City officials as may be requested to discuss any aspect of this Agreement. 20, BOOKS AND RECORDS,- AUDITING RIGHTS. Contractor shall maintain complete and accurate records nth respect to all expenditures and costs incurred for all Improvements and Services provided hereunder., All such records shall be maintained on a generally accepted accounting basis and shall be clearly 'identified and readily accessible to the City. Contractor shall provide representatives of City or its appointees free 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 ftirther allow the City and its representatives to make M' spections of all work data, documents, proceedings and activities related to this Agreement. Such right of access and audit shall continue for a period of-three (3) years from the date of final payment under this Agreement. The City shall also have the fight to conduct a All performance audit and evaluation of C m ontractor at such times, as e City deems necessary. Contractor shall fully cooperate with any such performance audit. The City may employ consultants at the City's expense to, assist, City in such performance audit. Contractor,agrees to give the City and its consultants access, to all reports, data, schedules and other relevant 'information which may be required to conduct such performance audit. 2 1, NOTICES. Any notices, bills, invoices or reports required by t1us Agreement shall be conclusively determined to have been delivered three (3) business days after deposit M" the United States mail m 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.- Cit Y Contractor: City of Fort Worth Orasi Development, :PLC Attn.-, PID Adnu*m*str,ator Attn: Jack Thompson, President Housing & Economic Dev. Dept. Lance Reordan, P Manager 1000 Throckmorton Street 3012 Bledsoe, St Fort Worth,, Texas,7611012-6311 Fort Worth, TX 761017 Page 11 Management and improvement Services Agreement with Oir asi Development LLC. PID 15(Sun Valley) 22.. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULA IONS, 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 Cloty i 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 Emmmuties. 24o NO WATVER. The failure of either party to insist upon the performance of any term or provision offs Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to 'insist upon appropli ate performance or to assert any such ri ght on any future occasion. 2,5. ENE AND JURISDICTION. f action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts, located Tarrant County, 'Texas or the United States District Court for the Northern District of Texas—Fort Worth Division, This AgTeement shall be construed m' accordance with the laws of the State of Texas. 26. NO THIRD PARTY RIGHTSI. The provisions and conditions of this Agreement a-re solely forte benefit of the City and Contractor,and axe not intended to create any rights, contractual or otherwise, to any other person or entity, 27', INTERPRETATION. .1i 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 0 more strongly for or against any party, regardless of the actual drafter of this Agreement. Page 12 Management and Improvement Services Agreement with O!rasi Development LLC. PID 1 5(sun Valley) 28. LAP TIONS. Captions and headffigs used in this Agreement are for reference purposes, only and shall not be deemed a part of this Agreement. 29. 'ENTIRETY OF AGREEMENT. This Agreement, includi'ng any exhibits attached hereto and any documents incorporated here l*n by reference, contains the entire understandffig and agreement between the Cif and Contractor as to the matters contained here m. Any prior or contemporaneous oral or Written agreement is hereby declared null and void to the extent in conffict,With any provision of this Agreement. 30. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of'which shall be considered an ofiginal, but all of which shall constitute one instrument. Page 13 Management and Improvement Services Agreement with Orasi Development LLC. PID 15(sun Valley) EXECUTED as of the last date indicatedbeilow: CITY OF FORT WORTH. ORASI DEVELOPMENT, LLC; a Texas llml*ted liability company.- '0000 10 /101 "010 By By. Fernando Costa JuA."llh. 17hompson Assistant City Manager P -AsIdent Date- Date: Ol 0' 0 ATTEST. I? N0 0 G 01,0 0 0�'_ 0 , 01 0000 By*- CAS y ary J. �r Name Y. City Sect ary 7 itle APPROVED AS TO FORM AND LEGALITY,* Mal.esfu'5aBC._ armer Senior Assistant City Attorney MI&C-0 BH-307 9-10­13- OFFICIAL ""A ECORD � R 0 F FIC 1AL ID Page 14 CITYSECRETARY F Management and Improvement Services Agreement TWO T with Orasi Development 1_.t.c. P11) 15(Sun Valtley), E-AHIBITS "All—Service Plan and Budget for the DI"strioct "B"—Additional Services to be Provided by Contractor Page 15 Management and Improvement Services Agreement with Orasi Development LLC. PW 15(Sun Valley) Exhibit A City of Fort Worth Propowd FY 2#01.1 44 Budget&FYe2r Sernice Plan Public Lnprovement DizArkt,N o.I&--Sun VAey T17201NIJ FY 17 TY2415)14 FY,201&17 20."113 REVENUTS PID A-zemmew 69.41.5 $ SIX6 82,10475 34J24 -95JO7 Pn'w Yea Asartzmeas k770 $ 7,9&5� S 16,974 1"15 S 13,199 T*t,ARr, ut 732W 39:1240 $ 991 'S M039 INfift Seuxity Patrod Servka, 4 54�00 55 $ 56�,200 a6GO 63,600 SecuAty Patrol Servkn-Vdiide FbaL FUX 3 7,000 7.140, S 7�2-33, 7.423 S 7.577 bMP-MT=R= -$ - - $ 10.000 $ 10.0w Mmagment Cam 3 5,900 15,907 $ 700 $ 7,151 S 7�-94 Admhi=, dive.Cwm-Ai3&tjArcum1tg $ 1.000 I'D20 3 1,040 L051 $ 1,032 Chy Fee 2.000 'I'Dw 21,000 2000 Buftete-d upmes TOAO 723267 $ 831,534 4'240 $ 111S,53 Operzfing Resent $ 7-.9S5 16,974 15.9-15 is,799 13,0:53 TabLExpeases 171 b 89,rUal 10AM9 iu�w' Now" Page 16 Management and Improvement Services Agreement with Orasi Development LLC. P,ID�15(Sun Valley) 1rE x h i bl"t IM r*I 0 Additionat Nervices to be Provided by Contractor (a) Contractor shall designate one of Its employees, to be the primary PID manager; eeti icip- ate 'in (b) Part mngs of City of Fort Worth departments of Housffig and Economic Development, Parks, Transportation and Public Works, Internal Audit, and Budget to coordinate PID activities, (c) Provided that the City has appointed an advisory body pursuant to Section 372.008(b) of the Texas Local Government Code, parficipate M* all PID advisory body meetings and update advisory body members on budget, secunty patrols, landscaping, City coordination, issues, and other matters. At the request of the Board president, arrange for guest presenters to attend meetm- gs-, (d) Establish means of communication for citizen input, to report problems and make suggestions to the PID. Coordinate responses to citizen input with the PID advisory body or other entity selected by the City*, (e) Maintain a full and accurate accounting of disbursements for reimbursement from PID revenues, providing the PID advisory body or other entity selected by the City with a monthly accountmg statements (f) Monitor recum*ng 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,- I (g) Maintain complete set of historical records of'all PID activity to 'include PID charter, minutes of meetings, and agreements contracts With other entities,, grant applications,, etc. from the beg'="ng of P,ID to present; and N Work With all PID conunittees, 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 'th all practicable dispatch, in a s nmica ound, ecool, and efficient manner, in services W1 accordance with this contract and its attachments and all applicable laws. Page 17 Management and improvement Services,Agreement with Oirasi Development LL C. 1 ID 15(Sun Valley)