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HomeMy WebLinkAboutContract 45305 (";iTy sEcRETARY CONTRACT NO.' 3 MANAGEMENTANDIMPROVEMENT SERVICES AGREEMENT Fort Worth Public Irn rovement District No. 8 (Camp Bowie) This MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT EEMENT ("Agreement") is made and entered into by and between the CITY 01F FORT WORTH (the 44cotyll), a horns rule municipal corporation organized under the laws of the State of Texas acting by and through. Fernando Costa, its duly authorized assistant City Manager, and CAMP BOWIE DISTRICT, INC., a Texas nonprofit corporation (''Contractor:"') acting by and through Lisa .dowers, its duly authorized President, RECITALS The following statements are true and correct and constitute the basis upon which the City and Contractor,have entered int o this greement-. WHEREAS,, pursuant to Chapter 372 of'' the Texas Local Government Code, on ecember, 16, 2 8 the City Council of the City of Foil Worth adopted. Resolution No. 3697-12 2,0!08 re-establishing Fort Worth Public Improvement District loo. the "District"); and WHEREAS, the City is authorized to utilize the District to undertake improvements d'or services that confer special benefits, on the pail of the City within the District'; and WHEREAS, the City Council, is authorized to levy and collect special assessments on ropey in the District, based on the special services conferred by the improvements and/fir services, to pay the cost of such improvements 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 more specifically set forth in this Agreement-, and 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 which will enhance the vitality and quality of the District and!. WHEREAS, Contractor wishes to assist the City by providing, furnishing, or performing such improvements and services,, NOW, THEREFORE, for and in consideration of the rnutual covenants, premises, and agreements contained herein, the City and Contractor do hereby covenant and agree as follows: s: RECEIVED OFFICIAL RECORD Page 1 CITY SECRETARY Management and Improvement Services Agreement with Camp Bowie District,Inc. no WORTHjU PILE►8(Camp Bowie) AGREEMENT 1, ENGAGEMENT OF CONTRACTOR. The City hereby engages the Contractor, and the Conti-actor hereby agrees to rovidc, furnish, oversee or perform in accordance with this Agreement the improvements and/or services set forth in Section 2. 2. IMPROVEMENTS AND SERVICES FOR THE IS ICT& 2.1. Scope of C'on rac r''s Duties, Contractor shall provide or cause to he provided those mpro ven-ants and service (the "Im rove ens and Services") set forth. in and subject to the Service Plan and Budget for the District approved by the City Council for the fisca l year covered by this Agreement (the "Service Plan and :Budgets) (which 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 for such Improvements and Services (which ordinance is a public document on fie in the City Secretary's Office and is hereby incorporated for all purposes). Contractor shah also comply with the following related duties and responsibilities,: (a) Oversee the bidding and awarding of any third party contracts for the above-referenced Improvements ents and Services in accordance with the guidelines set forth in the Policy and Guidelines for Public tmprovement Districts adopted by the City Council pursuant to Resolution no. 711 2 (the "PID Policy"), a copy of which Contractor hereby certifies it has received any which is incorporated herein by reference for all purposes, (b) Monitor work performed by any subcontractors for any of the above- referenced Improvements and Services to ascertain that all such 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; Page Management and Improvement Services Agreement with Camp Bowie District,Inc, P ,8(Camp Bowie) In accordance with Section 372.013 of the Texas, Local Government Code and the PID1 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 District or other entity designated by the City and approved by the Cit y I 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; (t) Comply with all other duties and responsibifities set forth in the guidelines of the PID Policy; and (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 respons i il i ties set forth in Exhibit "'B"', attached hereto and hereby made a part of this Agreement for all purposes., A 0 2.2. Contractor Compensation. As full compensation for the provision of all Improvements and Services during the Term of t. ors Agreement, the City shall pay Contractor the sum of$78,,000.00, which amount is reflected in the Service Plan and Budget as "Management Fee," which amount shall be plaid in prorated installments in accordance with Section 6 hereof. 2.3 Standard of Care; Nature of Relationship. Contractor shall commence, carry on, and provide the Improvements, and Services I I economical and efficient manner, in accordance with all practicable dispatch in a Sound, 9 with this Agreement and its attachments and all applicable laws. Contractor shall ensure that any work on the Improvements and Services is properly coolrd mated 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 .1nip rove rntints, and Services will be perfortned 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. Security Personnel# In the event Contractor employs security personnel as a part of providing Improvements and Services under the Agreement, Contractor hereby assumes sole, Page 3 Management and improvement Services,Agreement with Camp Bowie District,Inc. PID 8 are Bowie) responsib�ility 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, security officer, or off-duty Fort Worth Police officer hired by the Contractor to provide Security Services within the District. "Security Services" shall not linclude running radar on drivers, writing parking citations, investigating cremes, or other Job functions normally 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 hitemal 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 esi working for the Contractor shall not answer calls for police service frorn 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 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. 30, CITY'S DUTIES AND RESPONSIBILITIES. 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 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, penalt,ies,, interest., and investment income thereon solely in the Districtl 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 Agreernent with Camp Bowie District,Inc. PID 8(Camp Bowie) 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, within 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* AMENDM ENT S. This Agreement may not be amended unless executed in writing by both parties. 5, TERM. This Agreement shall be effective as of October 1, 2013 (the "Effective Date") and, unless terminated earlier in accordance with this Agreement, expire September 30,,, 2014 the "Ter'm""). 6. 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 "Adfm*nistrator") 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 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 Administrator., the, City shall pay 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. 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. 6.2. Work Reports. Page 5 Management and Improvement Services Agreement with Camp Bowie District,Inc. PID 8(Camp Bowie) 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 activities, in the District. The format of the report shall be 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. Insufricient District Funds. In the event that District revenues are not availawie, or Marc 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 coiTespond 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 t; e 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 (30) days' advance written notice to the other party. 7, DISCRIMINATION PROHIBITED. Contractor I 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 IH, Division 3 (Employment Practi.ces) of the Code of the City offort 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 bi accordance with City of Fort Worth Ordinance No. 20020-12-201 1, effective June 1, 20�12, the City has established goals for the participation of Minority Business Enterprises (11NMEs") and Small Business Enterprises ("SBEs") in City contracts. Contractor all 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 Agreerncnt with Camp Bowie District,Inc. PID 8(Camp Bowie) 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 C1TY,,q,,,,PERS0NAL LIABILITY OF PUBLIC OFFICIALS. No employee of the City, nor any other agent of' th,e 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, e.mployees, 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 or on account of any stoppage or delay in the work herein provided for by injjunction or other legal or equitable proceedings, or from or by or on acc unt 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 DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY AND AIwL PERSONS OR PROPERTY., WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENTACT OR NEGLIGENT OMISSION ON THE' PART OF THE CONTRACTOR, 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 CONTRACT AS A RESULT OF ANY N EGLIGENT ACT OR NEGLIGENT OMISSION ON THE PAR T OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS,, EMPLOYEES OR SUBCONTRACTORS. SUCH INDEMNIFICATION SHALL 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 OPERATIONS OF SUBCONTRACTORS. 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 NEGLIGENT ACTS OR NEGLIGENT OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES., CONTRACTORS', SUBCONTRACTORS, LICENSEES OR INVITEES. Page 7 Management and Improvement Services,Agreement with Camp Bowie District, fn c. PI D 8(Camp Bowie) 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 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 performing the same; and shall be solely responsible for the negligent acts and negligent omissions of its officers, agents, employees, contractors and subcontractors- that the doctrine of respondew superior shall not apply as between City and Contractor, its officers, agents, employees, contractors and subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. No person performing any of the work and services described hereunder shall be considered an officer,, agent, servant or employee of the Ci,txr Y. 13. INSURANCE. Contractor shall not commence work under this Agreement until it has obtained and received, approval from the City of all insurance coverage required hereunder. Contractor shall be responsible for delivering to the Administrator of this Agreement a certificate or certificates of insurance demonstrating Contractor has obtained the coverage required under this Agreement. All insurance policies provided pursuant to this Agreement shall be endorsed to name the City as an additional 'insured, and shall cover not only Contractor, but also Contractor's contractors and subcontractors. The minimum 'insurance required ofContractor is as follows-, WORKER'S COMPENSATION INSURANCE: Contractor shall maintain throughout the Term of' this Agreement statutory Worker's, Compensation Insurance on all of its employees to be engaged in undertaking any Improvements or Services hereunder. M case any class of employees engaged in hazard is work under this Agreement is not protected Linder 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., CO,,MPRE HENS FVE 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 Bruit of not less than $2,000,000. AUTOMOBILE NSURANCE - BODILY INJURY AND PROPERTY DAMAGE: Contractor shall maintain throughout the Term of this Agreement comprehensive automobile liability coverage in an amount not less than $1, 00,00�O for each. accident. Page 8 Management and Improvement Services Agreement with Canip Bowie District,Inc., PID 8(Canip Bowie) t, 'T This policy shall cover any automobile used in the provision of mprovements, 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 whom service of process may be had, and must have authority and over 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 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 OPERA rrIONS. 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 the public benefit and it is necessary that it be performed in an acceptable manner and at a satisfactory rate of progress. Conti-actor 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 91 Management and Improvement Services Agreement w th Camp Bo�wie District,Inc. i PID 8(Camp Bowie) 'ASSIGNMENT U'B CONTRA ".. "I Gtr Contractor shall have the right to subcontract for the provislon of any 'Improvements, are Services, uthoriz hereunder so long as the subcontract is in writing. Contractor shall provide the AdMinistrator with a nnat executed copy of all Subcontracts. The existence of a subcontract shall not relieve Contractor of any responsibility r liability to the City under this Agreement. Otherwise, Contractor m not assign, transfer or convey any of' its duties and responsibilities nder, this Agreement to another party Without the advance written approval of the City a execution by such party of a written agreement with the City nder which such party agrees to be bound y the duties and obligations of Contractor under this Agreement. 1.8, DEFAULT. All tares, conditions and provisions of this Agreement shall. be cons,idered material, and Contractor's failure to perform any part of this Agreement shall constitute an event of default hereunder. Bard the Contractor fail to ul.ly cure any of t t hereunder within re (1.4) calendar da �� r � ty of written notice ce o he default (or, provided that Cointractor has diligently con-irrienced and corm r uous y attempted ure within such time, such additional time as may be reasonably necesisary to fully cure the defiault), the City may, at its option and in addition to any other remedies available to it Linder law or in, equity, terminate this Agreement b r v .r g 'written notice to Contractor. Notwithstanding the foregoing, City may terminate ate this Agreement for any reason upon thirty (30) calendar days' prier written not,ice to Contractor. In the event of any termination,, n work in progress ress ll continue to' completion unless s ecifi otherwise in the City's termination notice. The City shall pay for any such work in, progress th t is completed y Contractor and accepted by the City. COOPERATION WITH CITY. Contractor shall, at such time and in such fort. as City may require, furnish periodic information concerning true st atus of the project and such 'other statements, certificates a approvals 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 200 BOOKS AND RECORDS,*' AUDITING RIGHTS,I WIN Contractor shall maintain complete and accurate records with respect to all expenditures and! osts 'incurred for all, Irnprovements d Services provided hereunder. All Such records shat be maintained on a generally accepted acco nt ng b s s and shall be clear y de ti:r ed 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 ri.iay examine and audit the same and make copies thereof. Contractor shall further allow the City and its representatives Page M nagem nt and Improvemerit Services AA r emeM with Camp Bowie.District,Inc. PID 8(Camp Bowie) orate inspections of all work data, documents, proceedings and activities, related to this Agreement. Such right of'access and audit shall continue for a peri,od of three (3) years from the date of final 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 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. 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-. city* Contractor. City of Fort, Worth Camp Bowie District, Inc. Attn.- PID Administrator Attn: Lisa Powers Housing &Econormic Development Dept. 16 100 Camp Bowie, Suite 23 1 `hrockmorton Street Fort Worth, TX 76116 Fort Worth, Texas 761012-63 1,1. 22, COMPLIANCE W11"H LAWS d-I&RDINANCES., RULES AND REGULATIONS. loom 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. 2,3. 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. 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 shall not constitute a waiver of that party's right, to insist upon appropriate performance or to assert any such right on any future occasion. Page, I I Management and Improvement Services Agreement with(--'amp Bowie District,Inc. P:ID "anip Bowie) 25• VENUE,AND JURISDICTION. 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 shall 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 shall be construed, in accordance with the laws of the State of Texas. 26. NO THIRD PARTY RIGHTS, 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., INTE,RPRETA"flON. In the event of any dispute over the inearing or application of any provision of this Agreement,, this Agreement shall be interpreted fairly and reasonably, and neither moire strongly III 'for or against any party, regardless "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 OF 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 c ral or written agreement is hereby declared null and vold to the extent in conflict with any provision of this Agreement. 30, COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be dered an original, but all of which shall constitute one instrument. consi Page 12 Management and Improvement Set-vices Agreement with Camp Bowie District,Inc. PID 8(Camp Bowie) EXECUTED to be effective October 1, O 13 0 CITY OF FORT WORTH, CAMP BOWIE DISTRICT, ING, a Texas nonprofit coq.)orat'1011 By: /7ft4:w44 Fernando Costa Rob Sell Assistant City Manager airman *mews --p.0 00 ATTEST: 0-0 00000000001"* AS By@ j. Y* aty Kayse N(mie.-' City Secretary Title.- ,APPROVED AS TO FORM AND LEGALITY, -*A* B Maleshia B. Farmer' Senior Assistant City Attorney m&C*- B14-303 9-10-13 OFFICIAL RECORD CITY SECRETARY Page 13 FT.WORTH,TX Management and Improvenient Services Agreement with Camp Bowie Diistric,t, Ine. PID 8(Camp Bowie)l -W-,Ixr EM11BITS ''A"—Service Plan and Budget for the District "B"—Additional Services to be Provided by Contractor Management and Improvenient Services Agreernent with Camp Bowie District, Inc. SID 8(Camp Bowie) Exhibit"A"' City,of Fort Worth PROPOSED FIVE YEAR S-ERVICEI PLAN Public Improvement Dstrict,No.8,-Camp,Bowie FY1 3,114 FY1 415 FY15:'16 FY1 617 FY1 T18 REVENUES P[D A-cssessments S 403,5 tO S412,000 S 420, 00 $430 000 S 440,000 Ci4r Payment in-keu ofServices $ 39,761 S 39,761 S 39,761 S 3917611 S 39,761 Pd or Years Assessment $ 81,000 S 10,640 S 13,000 S "14,100 S 17f900 Total Revenues $ 524,2 71 $4,62,401 $ 472,761 $483,8611 $ 4$7w,661 EXPENSES toltanagement Fee S 78,,000 S 80,000 S 84,000 S 86,000 S 88,000 Weater $ '10,000 S 10,OOG S n0 0 S 10,000; S IUM Utilities S 800 $ 900 $ 1,000 S 11,100 $ 1,20-0 Landscape Management Fee S, 38P000 S 38,000 S 38,000 S 38,000 $ 38r1 0o MediantROW 1n in 3 47,261 S, 47,261 S 47.261 S 47.261 S 47,26 t Beautification $ -101,500 S 70,000 S 75,1000 S 80,000 S 85,CGO Capital Improvements 38l,000 S - $ - $ - 17 Economic Devel opment '15t000 S 15,L1 0 15lloco $ '15,000 '15,000 C ommuntcations/Newsi letters 10,000 S 10,010 '10,000 S 10,000 S 10. 1 0 Marketing 78,1000 S, 80,000 S 80,000 S 80,000 S &0,000 Public Events 71,000 S 71,000 S x'1,000 S 71,000: S l71 x,000 Insurance S 4,,0,00 4,000 4,000 $ 4,000 $ 4,G G,,0 Annual Review(Audit) $ 14,000 S 15,000 5 ll0010 $ 15,000 S City Administrative Fee S 8�,070 S 8,240 S 814,00 S 8,60G S 8,8010 Budget Expenses $ 513631 $449,1.4,01 S 458.661 465,961 S 47 3..261 Estimated Operating Reserve S 10,640 S 13,000 S 14,100 '17,900 S 24,4GO Total Expenses S 524,271 $,462,4011 $ 472.761 $483,861 S 497 661 Management and Improvement Services Agreement with Camp Bowie District,Inc. PID 8(Camp Bowie) Exhibit "B"' Additional Services to be Provided by (','ontractor �a) Contractor shall assign one of its employees to manage the PID and, unless otherwise agreed b the City, in writing, Conti-actor agrees tha m en t the anagemt of the PID shall Zn y 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 depart: en.tws of Housing and Economic Development, Parks, Transportation and Public Works, Internal Audit, and Budget to coordinate PfD activities; (c) Participate in meetings of the PID advisory body or other entity selected by the City for assistance in the preparation of the Service an and Budget for the Di'strict, and update members of any such entity as to authorized PID projects and other pertinent matters. At the request of the PfD advisory body or other entity selected by the City, arrange for guest presenters to attend such 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 PID revenues, providing the PED advisory body or other entity selected by the City with a monthly accounting statement# I (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 .Y selected by the City of trends and unusual or excessive expenses; (g) Maintain complete set of historical, records of all Ply activity to include P,ID charter, minutes of meetings, and agreem.ent-s/contracts with other entities, grant applications, Z:� 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, in accordance with this contract and its attachments and all applicable laws. Management and improvement Set-vices Agreement with Camp Bowie District,bic. PID 8(Camp Bowie)