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HomeMy WebLinkAbout064970 - General - Contract - Tarrant Regional Water District (TRWD)CSC No. 64970 MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 23 (PID No. 23 or Panther Island PID) This MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT ("Agreement") is by and between the CITY OF FORT WORTH ("City"), a Texas home -rule municipal corporation, and TARRANT REGIONAL WATER DISTRICT ("TRWD"), a Texas statutory water control and improvement district. RECITALS The following statements are true and correct and constitute the basis upon which the City and TRWD have entered into this Agreement: WHEREAS, pursuant to Chapter 372, Texas Local Government Code ("PID Act"), on February 24, 2026, the City Council of the City of Fort Worth adopted Resolution No. 6271-02- 2026 ("PID Resolution;" attached as Exhibit "A" and incorporated herein for all purposes) establishing Fort Worth Public Improvement District No. 23 ("District"); WHEREAS, the City is authorized to utilize the District to undertake improvements and services that confer special benefits to the part of the City within the District; WHEREAS, the City Council is authorized to levy and collect special assessments on property in the District, based on the special services conferred by the improvements and services, to pay the cost of such improvements and services; WHEREAS, the City Council is authorized to receive, and is not prohibited from receiving, non -assessment revenue from tax-exempt entities and private property owners located within the District to undertake improvements and services that confer special benefits to the part of the City within the District; WHEREAS, due to the timing of when the District was established, the first levy and collection of special assessments will not occur until FY2027; WHEREAS, certain tax-exempt entities and private property owners located within the District have agreed to make voluntary, non -assessment, and non-refundable financial contributions to the City prior to City Council's levy and collection of the FY2027 special assessments, so the District can begin improvements and services in the District which will confer special benefits on, and increase the valuation of, all property located in the District; WHEREAS, the City has entered, or will enter, into voluntary contribution agreements with certain tax-exempt entities and private property owners located within the District prior to the City Council's levy and collection of the FY2027 special assessments to allow for improvements and services to begin in the District; OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Management and Improvement Services Agreement (PID 23; TRWD) Pagel of 29 WHEREAS, TRWD, being one of the largest owners of real property in the District and having agreed to pay special assessments on its real property through a contract with the City under Section 372.014(b), Texas Local Government Code, has agreed to manage the District for nominal consideration prior to the levy and collection of the FY2027 special assessments; WHEREAS, the City desires to enter into a written agreement with TRWD for management and provision of certain improvements and services in the District, as more specifically set forth in this Agreement; 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; WHEREAS, TRWD desires to assist the City by providing, furnishing, or performing such improvements and services; WHEREAS, payment for the performance of governmental functions or services under this agreement must be made from current revenues available to the paying party; and NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and agreements contained herein, the City and TRWD do covenant and agree as follows: AGREEMENT 1. ENGAGEMENT OF TRWD. The City engages TRWD, and TRWD agrees to provide, furnish, oversee, or perform in accordance with this Agreement, the Improvements and Services set forth herein for the City's 2026 fiscal year (October 1, 2025 — September 30, 2026) ("Fiscal Year"). 2. DISTRICT NOT A SEPARATE LEGAL ENTITY. TRWD understands and acknowledges that the District is not a separate legal entity; therefore, TRWD agrees that it will not create ownership of anything under the name of the District, including, but not limited to, assets, bank accounts, and insurance policies. 3. IMPROVEMENTS AND SERVICES FOR THE DISTRICT. A. Scope of TRWD's Duties. TRWD will provide, or cause to be provided, the improvements and services ("Improvements and Services;" set forth in the attached Exhibit "B""), subject to the Budget and Service Plan for the District, as presented to, and approved by, the City Council for establishment of the District this Fiscal Year ("Budget and Service Plan;" set forth in the attached Exhibit "C"), and as may subsequently be amended. Additionally, TRWD will also comply with the following related duties and responsibilities: i. Oversee the bidding and awarding of any third -party contracts for the above -referenced Improvements and Services in accordance with all Management and Improvement Services Agreement (PID 23; TRWD) Page 2 of 29 applicable laws and the policy and guidelines set forth in the Policy for Operating Public Improvement Districts adopted by the City Council pursuant to Resolution No. 5312-12-2020 ("PID Policy"), a copy of which TRWD certifies it has received, and which is incorporated herein by reference for all purposes. ii. 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. iii. Obtain, maintain, and pay for insurance necessitated by the above - referenced Improvements and Services, as mutually agreed by the City's Risk Manager and TRWD's Risk Manager. IV. In accordance with Section 372.013 of the Texas Local Government Code and the PID Policy, prepare a Budget and Service Plan for the first five (5) years following the fiscal year covered by this Agreement, to be adopted by the informal advisory board for the District, or other entity designated by the City, and approved by the City Council, with any proposed Budget and Service Plan to include, at the very least, the following: a. Summary of Improvements and Services provided in the prior year and highlights of accomplishments; b. Plans for Improvements and Services over the next five years with highlights of major investments and expenditures; C. If the plan calls for major investments and expenditures to include capital improvements as defined by the City's Capital Asset Policy, a project plan associated with the acquisition, design, and construction, of the project is also required. d. Projections of assessment rates; including providing the City with written information necessary to support any recommended increase of the assessment rate based on the assessment rate requirements set forth in the PID Resolution related to either TRWD's canal contract or new private improvements. V. Maintain a full and accurate accounting of disbursements for reimbursement of District revenues and all other financial reporting requirements set forth in the PID Policy, including, but not limited to, maintaining and providing original receipts for services performed under the Budget and Service Plan. Policy. vi. Comply with all other duties and responsibilities set forth in the PID vii. Coordinate with the City's appropriate staff person (hereinafter Management and Improvement Services Agreement (PID 23; TRWD) Page 3 of 29 referred to as "the PID Administrator") to receive advance written approval by the Director of the City's Park and Recreation Department or his/her designee prior to any authorized construction or maintenance of capital improvements in any dedicated City park. Adherence to the City's capital improvements application process, as set forth by the City's Park and Recreation Department must be followed. The City, within its reasonable discretion, reserves the right to require the District, at its sole expense, to relocate, repair and/or remove any PID funded improvements for purpose of carrying out a public service. viii. Publish a newsletter (once per quarter in a month that does not contain a quarterly meeting set out below) for property owners within the District, informing them of news that is pertinent to the District, including, without limitation, upcoming meetings and events, project updates, future projects, and the like. Options for publishing may be allowed to be presented on the official PID district website or may be mailed. ix. Conduct, no less than quarterly, public meetings of the informal advisory board, established in accordance with PID Policy, and not under the PID Act, which will include, at a minimum: a published agenda; updates on activities occurring within the District including landscaping, City coordination issues, an overview of upcoming events and activities within District; financial updates (i.e., budget and year-to-date revenues and expenditures); and educational topics that benefit people within the District. In conducting these meetings, TRWD shall: a. Arrange for guest presenters to attend meetings as appropriate. b. Publish the advisory board agendas on the official District website C. Take minutes at each advisory board meeting and provide those minutes to the PID Administrator. d. TRWD must ensure that informal advisory board meetings are open and accessible to the public, where members of the public will be allowed to attend and record such meetings. e. Maintain a list of the members of the informal advisory board, along with the documented process for appointing members, in the manner shown in the attached hereto as Exhibit "D". TRWD will notify the PID Administrator, in writing, if membership changes during the term of this Agreement. X. Create and maintain a District website that includes specific information about the District, including, without limitation, the following: a. Resolutions passed by the City of Fort Worth Mayor and City Management and Improvement Services Agreement (PID 23; TRWD) Page 4 of 29 Council establishing the District; b. Map of the District; C. Contact information for TRWD and the PID Administrator, including e-mail addresses and phone numbers; d. Updates on major activities and events occurring within the District; e. District meeting, including advisory board meetings scheduled for the fiscal year, including times, locations, and agendas; f. Meeting minutes; g. Current budget of the District; h. Current Budget and Service Plan (also known as the "Five - Year Service and Assessment Plan"; and i. Current year's assessment ordinance. Xi. Ensure that a live person is available to answer phone calls from property owners, residents, and occupants of the District and emails regarding services, activities, and general PID questions between normal or posted business hours (Monday through Friday from 8:00 am to 5:00 pm). TRWD must return any phone calls and messages within 48 hours. xii. If Contactor receives any non -assessment revenue generated from the District, including, but not limited to, voluntary contributions, event sponsorships, and advertisements, then TRWD is responsible for ensuring that any such revenue is provided to the City to be receipted into the respective District fund. a. TRWD must submit such revenue on a monthly basis with the required report set forth herein. b. TRWD must pay the City all such non -assessment revenue generated from the District on or before September 30, 2026. xiii. As part of the annual external audit or annual review set out in the Budget and Service Plan, TRWD must timely respond to inquiries and requests for information and provide all relevant documents, data, and information that relate to District's business and activities that enable the external audit engagement to be completed. External audits will only be required where District assessment revenue exceeds $150,000.00; however, pursuant to the PID Policy, all records Management and Improvement Services Agreement (PID 23; TRWD) Page 5 of 29 maintained by TRWD are subject to review and audit by the city personnel and external auditors at any time. Where District assessment revenue is $150,000.00 or less, TRWD will be subject to an Agreed Upon Procedure engagement by an outside auditor, where a sample of the expenses will be selected and tested for inclusion in the budget and service plan. For external audits, the external auditor will be selected by the City and will be engaged to provide, at a minimum, an opinion of TRWD on the following activities: a Financial statements; b. All expenses paid by TRWD were compliant with this Agreement, including, but not limited to, all applicable federal and state laws and City ordinances (i.e., Chapters 252 and 372 of the Texas Local Government Code); C. Compliance with all applicable procurement laws, rules, and regulations, including, but not limited to, state laws and City ordinances; d. Compliance with the PID Policy, as amended; and e. TRWD's delivery of the Improvements and Services outlined within the Budget and Service Plan. xiv. Review the monthly financial reports to ensure compliance with the City's standards on budgetary controls and month -to -date and year-to-date expenditures. TRWD will not overspend any annual appropriation or end the year with expenditures exceeding available resources (revenue plus spendable fund balance). xv. Complete a fiscal review at mid -year, in conjunction with the PID Administrator, of the District's revenue and expenditure activity and project year- end spend to ensure compliance with City's Fiscal Policies such that expenditures will not exceed appropriations and expenditures will not exceed available resources (revenue plus spendable fund balance). xvi. Identify, apply, receive, monitor, and comply with external grant opportunities that facilitate the furtherance of the activities and goals of the District in accordance with the City's Grant Management Policies and Procedures. All grants must be approved by the City prior to being accepted by TRWD. xvii. Designate one of its employees as the manager of the District. xviii. Participate in meetings of City of Fort Worth departments to coordinate District activities. xix. Maintain a full and accurate accounting of disbursements for reimbursement from District revenues, providing the informal advisory board and Management and Improvement Services Agreement (PID 23; TRWD) Page 6 of 29 PID Administrator with a monthly accounting statement. xx. Maintain complete set of all available historical records of all District activity to include resolutions, minutes of meetings, and agreements/contracts with other entities, grant applications, etc. from the beginning of the District to present. xxi. Work with all District committees to coordinate and handle all details associated with public events that are sponsored by District. xxii. Comply with all duties and responsibilities set forth in the following exhibits, all of which are attached hereto and made a part of this Agreement for all purposes: a. Improvements and Services (Exhibit "B"); b. Budget and Service Plan (Exhibit "C"); C. Informal Advisory Board Appointment Process and Member Information (Exhibit "D"); B. Standard of Care; Nature of Relationship. TRWD will commence, carry on, and provide the Improvements and Services with all practicable dispatch, in a sound, economical, and efficient manner, in accordance with this Agreement and its attachments and all applicable federal and state laws and City ordinances. TRWD must ensure that any work on the Improvements and Services is properly coordinated with related work being performed by the City. TRWD 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 TRWD or under TRWD's supervision. All personnel engaged by TRWD must be fully qualified to perform those Improvements and Services delegated to them. C. Security Personnel. i. In the event TRWD employs, or engages a subcontractor to employ, security personnel as a part of providing Improvements and Services under this Agreement, TRWD assumes sole responsibility for any and all acts or omissions of security personnel in the performance of their responsibilities hereunder. Security personnel include, but are not limited to, any employee, agent, subcontractor, representative, or security officer hired by TRWD to provide Security Services within the District. "Security Services" does not include any duties or responsibilities related to running radar on drivers, writing parking citations, investigating crimes, or other job functions normally performed by on -duty police officers. TRWD bears sole responsibility, if any, for reporting its payment for each security personnel's services as taxable income to the Internal Revenue Service. 4. CITY'S DUTIES AND RESPONSIBILITIES. The City will provide the following Management and Improvement Services Agreement (PID 23; TRWD) Page 7 of 29 services in connection with the operation of the District and TRWD's performance under this Agreement: A. Levying and collecting special assessments and collecting non - assessment revenues, which includes, but is not limited to, voluntary contributions; B. Making payments to TRWD from special assessment revenues and other District revenues; C. Maintaining a standard level of services in the District comparable to what would be provided for the taxpayers generally; D. Maintaining complete and detailed records concerning any expenditure of special assessment revenues and other District revenues, which are made through City departments, boards, or agencies; E. Retaining and expending revenues from special assessments, penalties, interest, and investment income thereon solely in the District; F. Producing an annual assessment roll of property owners and property within the District; G. Adopting the annual budget of the District; H. Providing monthly budget to actual reports to TRWD to facilitate a review of month -to -date and year-to-date financial activity; and I. Reporting and publishing the financial activity of the District in the City's audited financial statements. J. City's Park and Recreation Department ("PARD") will coordinate with the PID Administrator and District's manager over the District (as hereinafter defined) to conduct a mandatory pre -work coordination meeting prior to commencing any work in park areas within the District. This meeting must be held to review and agree on the project scope and expected outcomes. ii. Discuss and resolve any concerns related to project logistics, timelines, and potential impacts on park users and amenities. PARD will notify TRWD immediately if there is any change in the scope of work during the execution of the project. Both parties must: L Review and approve any changes in scope before any further work is carried out, and; ii. Document all changes, including the nature of the changes, the reasons for the changes, and any agreed -upon modifications to timelines or budget. Management and Improvement Services Agreement (PID 23; TRWD) Page 8 of 29 5. EFFECTIVE DATE; TERM. This Agreement is effective upon execution by the last party ("Effective Date") and, unless terminated earlier in accordance with this Agreement, expires on the later of September 30, 2026, or the date that all obligations of the City and TRWD have been met in accordance with the terms herein ("Term"). 6. FUNDING. A. Management Fee. As full compensation for the provision of all Improvements and Services during the term of this Agreement, the management fee for the current term is hereby waived, and not payment shall be due to TRWD for such services. B. Improvements and Services. City will reimburse TRWD all actual and necessary expenses incurred to perform the Improvements and Services up to the amount of each respective line item in the Budget and Service Plan. C. Process for Payment. i. To receive payment under this Agreement, on or before the tenth (101h) day of each month that this Agreement is in effect, beginning in May of 2026, TRWD must submit a written report to the Director of the City's Financial Management Department and the PID Administrator detailing the Improvements and Services provided by TRWD for the prior month, and any non -assessment revenue received by TRWD. If the tenth (10th) of the month falls on a weekend or City holiday, then the deadline will be extended to the next day that the City is open for regular business. ii. The written report must include documentation sufficiently demonstrating to the PID Administrator any sums paid by TRWD, a summary of any amounts awarded to vendors for contracts, year-to-date payments, original invoices, check register/bank statement demonstrating invoices have been paid, any revenues received from non -assessment revenue, and any other documentation requested by the PID Administrator. Provided that all such necessary reports and supporting documentation have been provided to the PID Administrator, the City will pay TRWD for all lawful expenses paid by TRWD within thirty (30) calendar days of receipt of all such written reports and supporting documentation. iii. Notwithstanding anything to the contrary herein, the City will not be required to pay TRWD any amount that exceeds the then -current balance of District revenues or that is not in accordance with the Budget and Service Plan for the then -current fiscal year. TRWD must pay or reimburse the City for any unauthorized expenses incurred that are not in accordance with the Budget and Service Plan for the then -current fiscal year, unless otherwise approved by the PID Administrator. TRWD will be responsible for all Internal Revenue Service reporting and administration requirements associated with paying vendors for services provided under the Budget and Service Plan. TRWD will not be reimbursed for any Management and Improvement Services Agreement (PID 23; TRWD) Page 9 of 29 late fees or interest that accrued as a result of a late payment by TRWD to a vendor or subcontractor. D. Work Reports. TRWD must also submit a quarterly work report to the PID Administrator. This work report must detail all of TRWD's significant work activities in the District. The format of the report must be mutually agreed upon by TRWD and the PID Administrator. Notwithstanding anything to the contrary , payments to TRWD may be withheld if the PID Administrator does not receive a report in a timely manner. The PID Administrator reserves the right to verify that the report is complete and accurate. E. Insufficient District Funds. In the event that District revenues are not available or are insufficient for the City to make any payment to TRWD hereunder, the City will promptly notify TRWD. At TRWD's request, the City and TRWD will meet and attempt to negotiate an amendment to this Agreement so that the scope of Improvements and Services may be reduced to correspond to the amount of District funds that are available or are anticipated to become available. If such an amendment cannot be successfully negotiated, TRWD will have the right to pay the deficit (on a non -reimbursable basis), in which case this Agreement will continue in effect. If such an amendment cannot be successfully negotiated and TRWD does not elect to fund the deficit, either party may terminate this Agreement upon thirty (30) days' advance written notice to the other party. 8. TRWD LIABILITY. TRWD assumes full liability for any damages to any public or private property due to the gross negligence or willful misconduct of TRWD, its contractors, subcontractors, agents, permittees, or assigns except to the extent caused by the negligence or willful misconduct of the City. 9. LIABILITY OF CITY; PERSONAL LIABILITY OF PUBLIC OFFICIALS. No employee of the City, nor any other agent or representative of the City, will be personally liable for any damages caused by TRWD, its officers, agents, servants, employees, contractors and subcontractors or any other liabilities of TRWD under this Agreement or otherwise related to this Agreement. It is further expressly agreed that the City will not be liable or responsible for any damages caused by TRWD, its officers, agents, servants, employees, contractors and subcontractors or any other liabilities of TRWD under this Agreement or otherwise related to this Agreement, nor will the City be liable or responsible to TRWD or any other person for or on account of any stoppage or delay in the work herein provided for by injunction or other legal or equitable proceedings, or from or by or on account of any delay for any cause over which the City has no control. 10. INDEMNIFICATION. A. TRWD, TO THE EXTENT ALLOWED BY APPLICABLE LAW, COVENANTS AND AGREES TO, AND DOES, INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANYAND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION ON THE PART OF TRWD, ITS Management and Improvement Services Agreement (PID 23; TRWD) Page 10 of 29 OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS, AND TRWD DOES ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS, OR SUITS FOR DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT AS A RESULT OFANYACT OR OMISSION ON THE PART OF TRWD, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, OR SUBCONTRACTORS EXCEPT TO THE EXTENT THAT THE SAME IS CAUSED BY THE NEGLIGENCE OR WILFULL MISCONDUCT OF THE CITY. SUCH INDEMNIFICATION MUST INCLUDE WORKERS' COMPENSATION CLAIMS OF OR BYANYONE WHOMSOEVER IN ANY WAY RESULTING FROM OR ARISING OUT OF TRWD'S WORK, SERVICES AND OPERATIONS IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, OPERATIONS OF CONTRACTORS AND SUBCONTRACTORS EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OR WILFULL MISCONDUCT OF THE CITY. B. TRWD MUST LIKEWISE INDEMNIFYAND HOLD HARMLESS, TO THE EXTENT ALLOWED BYAPPLICABLE LAW, THE CITY FOR ANYAND ALL INJURY OR DAMAGE TO CITY PROPERTYARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF TRWD, ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. C. Insurance coverage specified herein constitutes the minimum requirements and such requirements will in no way lessen or limit the liability of TRWD under the terms of this Agreement. 11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that TRWD and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers will operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, TRWD will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. TRWD acknowledges that the doctrine of respondeat superior will not apply as between the City and its officers, representatives, agents, servants, and employees, and TRWD and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. TRWD further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the City will in no way be considered a Co -employer or a Joint employer of TRWD or any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of TRWD. Neither TRWD, nor any officers, agents, servants, employees, contractors, or subcontractors of TRWD will be entitled to any wages or employment benefits from the City. TRWD will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. 12. INSURANCE. Each party shall, at its own expense, maintain insurance or self - Management and Improvement Services Agreement (PID 23; TRWD) Page 11 of 29 insurance coverage of such types and in such amounts as are reasonable and customary for entities of similar size and function, and as necessary to adequately protect against liabilities arising from the performance of this Agreement. Such coverage shall include, but not be limited to, protection for bodily injury, property damage, and professional liability arising from acts or omissions under this Agreement. Each party shall, upon reasonable request, provide evidence of such coverage to the other party. Nothing in this section shall be construed as a waiver of any immunity or defense available to either party under Texas laws, including the Texas Tort Claims Act. 13. TAXES. TRWD must pay all federal, state, and local taxes that may be chargeable on any Improvements and Services provided hereunder or otherwise in relation to TRWD's duties and obligations hereunder. 14. PERMITS AND LICENSES. TRWD must obtain or cause any of its contractors and subcontractors to obtain and pay for any necessary permits and licenses, whether issued by the state, county or City, before proceeding with any work hereunder that requires any such permits. 15. SUBCONTRACTING; ASSIGNMENT. A. Subcontracting. i. TRWD may enter into agreements with subcontractors to undertake all or any portion of the Improvements and Services ("Subcontractor Contracts"), provided that all such agreements are in writing and executed after the Effective Date of this Agreement contain (i) a provision, similar in form to this section, pursuant to which TRWD and any subcontractors involved in the Improvements and Services agree to release, indemnify, defend and hold harmless, to the extent allowed by applicable law as to TRWD only, the City from any and all damages arising as a result of or in relation to the Improvements and Services and any work thereunder and for any negligent acts or omissions or intentional misconduct of TRWD and any subcontractors, and their respective officers, agents, servants and employees; (ii) a requirement that TRWD provide City with a bond or bonds, which TRWD shall forward to the City, that guarantees the faithful performance and completion of any construction work covered by the subcontractor Contracts and full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the performance of the same; and (iii) a requirement that the subcontractor provide insurance in accordance with the minimum requirements set forth in this Agreement. All of the requirements contained in this section shall hereinafter be referred to as the "Subcontractor Contract Provisions." ii. IF TRWD ENTERS INTO ANY SUBCONTRACTOR CONTRACT THAT DOES NOT CONTAIN ALL OF THE ABOVE SUBCONTRACTOR CONTRACT PROVISIONS, REGARDLESS OF WHETHER TRWD ENTERED INTO THE SUBCONTRACTOR CONRACT PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT, AND TO THE EXTENT THAT ANY CLAIMS, DEMANDS, Management and Improvement Services Agreement (PID 23; TRWD) Page 12 of 29 LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF ANY KIND (COLLECTIVELY, "CLAIMS"), INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL ORASSERTED, ARISE UNDER, ON ACCOUNT OF OR IN RELATION TO THE SUBCONTRACTOR CONTRACT FOR WHICH TRWD THEREUNDER WOULD HAVE BEEN REQUIRED TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE EXTENT ALLOWED BY LAW, THE CITY IF THE SUBCONTRACTOR CONTRACT PROVISIONS HAD BEEN INCLUDED IN THE SUBCONTRACTOR CONTRACT ("SUBCONTRACTOR CONTRACT DAMAGES"), THEN TRWD, AT TRWD'S OWN EXPENSE, SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE CITY, THEIR OFFICERS, MEMBERS, AGENTS, SERVANTS, EMPLOYEES AND VOLUNTEERS, FROM AND AGAINST ANY SUCH SUBCONTRACTOR CONTRACT DAMAGES. iii. The existence of a subcontract will not relieve TRWD of any responsibility or liability to the City under this Agreement. iv. TRWD must provide the PID Administrator with a final executed copy of all subcontracts. B. Assignment Prohibited. TRWD may not assign, transfer, or convey any of its duties and responsibilities under this Agreement to another 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 be bound by the duties and obligations of TRWD under this Agreement. 16. TERMINATION. A. All terms, conditions, and provisions of this Agreement are considered material, and TRWD's failure to perform any part of this Agreement constitutes an event of default hereunder. Should TRWD fail to fully cure any default hereunder within fourteen (14) calendar days after receipt from the City of written notice of the default (or, provided that TRWD has diligently commenced and continuously attempted cure within such time, such additional time as may be reasonably necessary to fully cure the default), the City may, at its option and in addition to any other remedies available to it under law or in equity, terminate this Agreement by providing written notice to TRWD. B. Notwithstanding the foregoing, City may terminate this Agreement for any reason upon thirty (30) calendar days' prior written notice to TRWD. In the event of any termination, any work in progress will continue to be completed unless specified otherwise in the City's termination notice. The City will pay for any such work in progress that is completed by TRWD and accepted by the City. 17. COOPERATION WITH CITY. TRWD must, at such time and in such form as City may require, furnish periodic information concerning the status of the Improvements and Services Management and Improvement Services Agreement (PID 23; TRWD) Page 13 of 29 and such other statements, certificates, and approvals relative to the same as may be requested by the City. TRWD must meet with the PID Administrator or other City officials as may be requested to discuss any aspect of this Agreement. 18. BOOKS AND RECORDS; AUDITING RIGHTS. A. TRWD must maintain complete and accurate records with respect to all expenditures and costs incurred for all Improvements and Services provided hereunder. All such records must be clearly identified and readily accessible to the City. TRWD must provide representatives of City or its appointees free access to such records, at all proper times, in order that they may examine and audit the same and make copies thereof. TRWD must 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 will continue for a period of three (3) years from the expiration or termination under this Agreement. The City will also have the right to conduct a performance audit and evaluation of TRWD at such times as the City deems necessary. TRWD must fully cooperate with any such performance audit. The City may employ consultants at the City's expense to assist City in such performance audit. TRWD agrees to give the City and its consultants access to all reports, data, schedules and other relevant information that may be required to conduct such performance audit. B. TRWD further agrees to include in any contractor and subcontractor agreements hereunder a provision to the effect that the contractor and subcontractors agree that the City will, until the expiration of three (3) years after the expiration or termination of the contract or subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such contractor or subcontractor involving transactions of the contract or subcontract, and further that City will have access during normal working hours to all contractor and subcontractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City will give the contractor and subcontractor reasonable advance notice of intended audits. 19. NOTICES. Any notices, bills, invoices, or reports required by this Agreement will be conclusively determined to have been delivered three (3) business days after deposit in the United States mail or by electronic mail to the addresses listed below or such other addresses as may from time to time be provided to the other party: City: City of Fort Worth Attn: PID Administrator The FW Lab 100 Fort Worth Trail Fort Worth, Texas 76102 TRWD: Tarrant Regional Water District Attn: Panther Island Program Director 800 E. Northside Drive Fort Worth, TX 76102 Crystal.Hinojosa@fortworthtexas.gov Susan.Alanis@trwd.com & Bob.magness@trwd.com All notices shall be copied to both separately: Management and Improvement Services Agreement (PID 23; TRWD) Page 14 of 29 City Manager and City Attorney 100 Fort Worth Trail Fort Worth, Texas 76102 20. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. A. This Agreement is subject to all applicable federal, state, and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. B. TRWD is also subject to the City's Donations Policy and Records Retention Schedule, which the City will make available upon request, which includes, but is not limited to, the requirement that all records subject to any litigation, claim, negotiation, audit, public information request, administrative review or other action involving such records not be destroyed until the completion of the action and the resolution of all issues arising from the action (including any seed money received by TRWD from the City for the benefit of the District). Furthermore, fiscal records must be retained based on final date of repayment, if the repayment date is beyond the end of the Term. 21. DISCRIMINATION PROHIBITED. TRWD, 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 TRWD permit its officers, agents, employees, contractors, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 (Employment Practices), Code of the City of Fort Worth, and TRWD covenants and agrees that TRWD, its officers, agents, employees, contractors, 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 TRWD, its officers, agents, employees, contractors, or subcontractors. 22. AMENDMENTS. This Agreement may not be amended unless executed in writing by both parties. 23. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 24. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder does not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 25. VENUE AND CHOICE OF LAW. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement will be construed in accordance with the laws of the State of Texas. Management and Improvement Services Agreement (PID 23; TRWD) Page 15 of 29 26. NO THIRD -PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the City and TRWD 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 will be interpreted fairly and reasonably, and neither more strongly for nor 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 will not be deemed a part of this Agreement. 29. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which will be considered an original, but all of which will constitute one instrument. 30. 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 TRWD as to the matters contained herein. Any prior or contemporaneous oral or written agreement is declared null and void to the extent in conflict with any provision of this Agreement. 31. AUTHORITY TO EXECUTE. City and TRWD each warrant and represent that the party signing this Agreement on behalf of each has authority to enter into this Agreement and to bind them, respectively, to the terms, covenants and conditions contained herein. Each party shall deliver to the other, upon request, all documents reasonably requested by the other evidencing such authority, including, but not limited to, a copy of all resolutions, consents or minutes reflecting the authority of persons or parties to enter into agreements on behalf of such party. EXECUTED in Fort Worth, Tarrant County, Texas as of the dates indicated below: ---------- This space left intentionally blank. ---------- •-------- Signature pages and exhibits follow. ---------- Management and Improvement Services Agreement (PID 23; TRWD) Page 16 of 29 Management and Improvement Services Agreement (PID 23; TRWD) Page 17 of 29 0 CITY OF FORT WORTH Dam &��ff Dana BurghdoR (Aor 1, 026 17 2 0 CDT) Signature Dana Burghdoff Printed Name Assistant City Manager Title Signed on the date: 04/01 /2026 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: APPROVAL RECOMMENDED: C,W.:. Christianne Simmons (Mar 28, 2026 09:59:19 CDT) Signature Christianne Simmons By: Printed Name Chief Transformation Officer Title APPROVED AS TO FORM AND LEGALITY: By: Asst. City Atty. Contract Authorization M&C:_26-0155 Form 1295: N/A CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this c6ntra/I c,t,�, including all performance and reporting requirements. SignDa_ture_ 0 By: Crystal Hinojosa Printed Name Economic Development Manager Title pO! Fpgt�aa ado °s°o 0 -0d CITY SECRET}AQRN By: QanIln�p6544 Jannette S. Goodall, City Secretary Management and Improvement Services Agreement (PID 23; TRWD) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 18 of 29 TARRONAL WATER DISTRICT: By: Daniel Buhman (Mar 27, 2026 16:16:06 CDT) Dan Buhman, General Manager Signed on the date: 03/27/2026 Management and Improvement Services Agreement (PID 23; TRWD) Page 19 of 29 Exhibit "A" PID Resolution A Resolution NO. 6271102-2D26 Ai-THORIZENG _X-ND EST ABLISHP;G FORT I'VORTH PUBLIC UNIPROIT-1EENT DISTRICT NO, -13 (P-ANTHER I-SLA-N-1) O-P III) --LND TAKING C E RTAIN OTHER ACTIONS CONCERNIIG THE DISTRICT WHEREAS, the Public Improvement District Act, Chapter 372, Texas Local GO-,'e2tlrlellE C Od-, ("ACC), allows for the establishment of public improvement districts ("PID--)-. ANUERFAS. the City of Fort Worth (-City ") received a petition ("Petition") requesting the establishment of a public improvement district on L-ffid within the CitV to be known as Fort Worth Public Improvement District No- 23 (--Panther Island 0-PID-) and it is on file in the office of the City Secretary for public inspection: WHEREAS_ pursuant to Section 372-009 of the Act- the City provided notice and publication of a public hearing to be conducted on Febnhu-y 24, 2026, to consider the. establishment of the Panther Island O-PID ("Public Hearing"), which notice and publication included the following- (i) time and place of the public bearing; (n), general nature of the proposed improvements and sen.-ices,- (iii) estimated costs of the improvements and services,- (iv) boundaries of the proposed Panther Island O-PID.-. (v) proposed method of assessment; and (vi) proposed apportionment of costs benveen the Panther Island 0 -PID and the City; XVIIERE-A3, notice of the Public Hearing was published on February 6. 2026 in the Fort Worth Star -Telegrams a newspaper of general -circulation in the City� and was mailed on February 6, 202,6- to all record owners of real property subject to assessment under the proposal set forth in the Petition for the Panther Island O-PID -1 and A17HIEREAS_ on Febniary 24. 2 026- the Cityy Cotmcil conducted a Public Hearing on the establishment of the Panther Island O-PH)_ following receipt of all public comments conocerning the above -referenced matters, and adopted this Resolution- making the findings set forth herein aad authorizing and establishing the Panther Island 0-PID_ NOW.. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Of FORTWORTH,TEXAS TIELAX: 1. Recitals. The findik(gs set forth above in the recitals of this Resolution are found to be true and correct. 2. Findin2s, The City Council-, after duly considering the evidence and testimony presented at the Public Hearing, and based on all in -formation known by the Management and Improvement Services Agreement (PID 23; TRWD) Page 20 of 29 City Council- makes the following findings: 2.1. Petition. The Petition was filed with the City Secretar-. , complies with both Section 371.005 of the Act and the City-s Policy for Operating Public Improvement Districts (--O-PID Policy)_ and has been signed by record owners of taxable real property liable for assessment under 'the proposal who constitute: (a) 70.05 % of the .appraised value of taxable real pfcperty liable for asses anent_ as determined by the current roll of the Tarrant Appraisal District, and (b) 57-75 % of the area of all taxable real property that is liable for assessment. 12 Advisabil:itr- of the Improvements and Seiizres- It is advisable that the City exercise the powers granted by the :act in connection with the establishment of the Panther Islanud -PID. including undertaking the improvements and services set forth herein because they are intended to promote the interests of the City by conferring special benefits_ on the real property -%!thin the Panther Island O-PID related to economic vitality, public safety, community engagement. community enhancement. and certain improvements related thereto, all of which :are anticipated to contribute to, and create and maintain a sense of- individual and comimuniri, pride within the Panther Island O-PID. 2.3. Nature of the ImprGvements and Seiwices. 2.3.1. The general mature of the proposed improvements and services to be provided in flue Panther Island O-PID include, without limitation_ the following: 2.3.1.1. Enhancements to improve operations and mamteriance for greeEa spaces_ public areas: and the canal public realm; ensure clean and safe functions; and address potential ongoing or capital maintenance needs related to infrastructure and water recreation- 2.3.1.2. Improvements to enhance the community including- without limitation- litter abatement, illegal dumping. landscaping- promotional sign and banner programs, lighting- andvarious other streetscape and capital improvements, including streets, sides , alks, roadways, and rights-o#-way- 2.3.1.3. Improvements that promote safety and security, including, without limitation_ security lighting, security camera nstallation, additional security patrol-s. safety technologies. street calming measures and capital improvemenn. to improve pedestrian_ bile, and transit shelter safety - Management and Improvement Services Agreement (PID 23; TRWD) Page 21 of 29 2.3.1.4. Additional special supplemental services for improvement and promotion- including services relating to advertising_ promotion_ health anal sanitation- water and wastewater, public safety, security- business development, and cultural enh.:aucements- 2.3.1.5. Payment of expenses incurred in the establishment, adnuai.rtration- and operation. 2.3.1.6. Any other improvements and services as allowed pur&uanr to the Code for a home -rule municipal corporation. 2.3.2. The improvements :and services will be a supplement to the .standard level of improvements and sere. -ices provided by the City- The City will furnish or pay for the standard level of improvements and services in the Panther Island O-PID comparable to what would be provided for the taxpayers generally_ 2.4. Estimated Cost of the Improvements and Seti-ices. 2.4.1. The estimated cost of the Proposed Improvements for the initial five (5) year service and assessment plan is $2,246.000- The initial five (5) year sin -ice plan proposed for the Panther Island O-PILE is attached hereto as Exhibit A (-:Sffv. ice Plan") and incorporated herein for all purposes- These casts are both reasonable and appropriate for the Improvements and Services- These costs are subject to future annual budget and service and assessment plans adopted by the City Council in accordance with the Pict 2.4.2. The estimated costs of improvements and services to be provided in subsequent fiscal years will be subject to future annual budget and service and assessm ent glans adapted by the City Council in accordance with the Act. The annual budget- service and assessment plans and assessment rate are subject to armi ai review, and approval by the City Council. The costs for all improvements and ser-vices will be paid in accordance with 'Section 2-7 of this l olution- 2.5. Boundaries of the Panther Island O-PED. The boundaries of the Panther Island ,Ct-PID include approximately 406-56 acres of real property generally bounded by the Fork Worth and Western Railroad tracks to the west (also variously identified as Burlington Nort11era or Union Pacific tracks), Northside Drive to the north- the West Fork and Gear Fork of the Trinity River to the east, and Seventh Street to the south. A map depicting the boundaries, along with a specific written boundary description- are attached hereto as Exhibits B and C- respectively- and incorporated herein for all purposes- Such Management and Improvement Services Agreement (PID 23; TRWD) Page 22 of 29 boundanes. are appropriate and the proposed improvements and services provided to real property,within such boundaries will promote the interests of the City- The Panther Island O-PID's boundaries may be expanded in accordance with the Act. 2.6. Method of Assessment- The method of assessment is proposed to be as follows: 2.6.1. The maximum. assessment rate shall at no time exceed SO . 16 5 per $ 100 valuation- 2.6.2. From the date this Resolution was approved by the City7s Council ("O-PID Establishment Date") and continuing until the date that the governing body of the Tarrant Regional Water District has authorized contract(s) for the construction of Canal C_ Phase I C'Canal Contract Date'-) the assessment rate shall not exceed $0-02 per SIN- valuation- A diagram illustrating -Canal C, Phase 1 is attached as ExWbit D and incorporated heroin. 2.6.3. During the period from the Canal Contract Date and continuing until the date that there has been a total of $50,000-000 in new private impro %rements to real property situated in the P-anthes Island O-PE:) ("New Private Improvements Date") the assessment rate shall not exceed S0.05 per $100 valuation- 'Nex Private hiaprovements- are those improvements made to real property situated in the Panther Island O-PID for which a certificate of occupancy or a limited certificate of occupancy have been issued. Calculating the $50.1000..000 in New Private Improvements will be based on the valuation of the improvements as shown on the building permit application(s) received by the City or a development agreernent(s) between a developer and the City after the 0- PID Establishment Date- 2.6.4. If TRIA7D has authorized contract(s) for the construction -of Canal C_ Phase 1 before the O-PID Establishment Date then the assessment rate shaU not exceed SO.05 per $100 until there is S50,OW.000 in Neiv Private Improvements as set -forth in Section-2.6.3. 2.C5. From the New Private Improvements Date and continuing through the last year of assessments under the term of the Panther Island O-PID the assesment rate shall at no time exceed SO. 165 per valuation. 2.6.6. An annual budget and service and assessment plan "-M be presented to the City Council for review and approval prior to the beginning of each fiscal year for the term of the Panther Island O-PID in accordance with the Act_ Managementand Improvement Services Agreement (PID 23; TRWD) Page 23 of 29 2.6.7. Prior to presenting each annul budget and service and assessment plan to the City Council, the Panther Island p-PID-s manager will submit the same to any informal advisory boards, for the Panther Island i7-PDD and will conduct at leash one public hearing within the Panther Island O-PH) at which time the proposed annual budget and service and assessment plan_ including any comments from the informal advisory board's review, will be presented and real property owners within the Panther Island Ci-PID given an opportunity for public comment. The Panther -Island O-PID-s manager will give individual written notice to the affrce of the City- Nfanager and to each real property owner within the Panther Island Ct-PH) not less than fifteen (15) days before the date of each hearing- which notice will be accompanied by an outline of the proposed annual service plan and budget, or revisions thereto. This public Bearing is in addition to the public hearing that mill be lreld by the City Council as required by the .act before approving and adopting an annual service plan and budget for the Panther Island Cif-PID_ 2.6.8. Only those properties within the boundaries of the Panther Island C-PID 1NIll be subject to assessment in accordance with the Act and applicable state late. 2.6.9. The City tiv 11 participate in the assessments, and Cityowaed real prop", within the Panther bland O-PID will be assessed as suet forth herein and City will be. obligated to pay any assessments invoiced by the City as provided by City Council authorization and applicable law- :additionally_ and as provided by City Council authorization and applicable law, the City will contribute to the Panther Island Cl-PIII each year an amount equal to the costs that the City would h.r, e paid or incurred for the maintenance of any City-oi;med real property within the Panther Island O-PID for which the Panther Island O-PID pro%rides maintenance_ Further participation. if any. by the City in the costs of the Panther Island Ci-PID will be at the discretion of the City Council. 2.6.10. Assessment of real property within the Panther Island O-PIID owned by public entities or exempt jurisdictions other than the City is subject to assessments and the payment of assessments provided the same has been established by contract in accordance with the Act_ Otherwise, those properties will not be subject to assessments_ 2.6.11. Based on the improvements and services to be undertaken in the Panther Island O-PID_ as outlined herein, and in the service plan. the City Council finds that the proposed method of assessment is reasonable and necessary_ 2.0 12. The first assessment for the Pay then Island O-PID will, be for FYI 7. Management and Improvement Services Agreement (PID 23; TRWD) Page 24 of 29 27, Appoilionment of Costs Between the Panther Island O-PID and the City as a 11-hole. The apportionment of costs between the Panther Island O-PID and the City is as follows: 2.7.1. Except as set forth in subsection 2-7-2, the entire cost of each improvement and service will be paid from assessments levied in accordance with Chapter 372 of the Act (including any interest accrued thereon) and from ocher sources of funds, if any- available to the Panther Island O­PID_ 2.7.2. Except as set forth in 2-6-9, no City funds will be used to pay any portion of the cost of any improvement or service- unless such funding is approved by the City Coimcil or other appropriate municipal authority on a case - by -case basis. 3. Establishment of Fort 'Worth Public Imps-ovement District No. 23 (Pauther Island O-PID): Term 3.1. Based on the findings set forth above, the Panther Island O-PID comprising the boundaries, set forth in Section 2.5 above is authorized to be established and will be known as Fort Worth Public Improvement District No- 23 (Panther Island 0- PID). The Panther Island O-PID will take effect on the date of the City Council's adoption of this Resolution (­PID Effective Date—) and will expire on the earlier of (i) the effective date of a resolution dissolving the Panther Island O-PID adopted by the City Council following receipt of a petition requesting dissolution and the holding of a public hearing to consider such dissolution in accordance with Section 372-011 of the Act-, or (h) aiK,, other lawful method provided for dissolution of a pursuant to the Act. as it may be amended- 3.2. Nohvithstanding anMing to the contrary herein- the Panther Island O-PI1D will continue in effect until all obligations of indebtedness for all prei�iously authorized improvement projects and ser.-ices in the Panther Island O-PID have been fully satisfied and dischwged- The Panther Island O-PID will be sub,e t to all conditions, limitations, and reservations set forth ba the findings in Section 4. Adilsory Body. The City Council declines to appoint an advisory body for the Panther island O-PID pursimnt to Section 372.008 of the Act- The City Council does direct the CiteManager-or his designee- to forn-i an informal advisory board in accordmce with the O-PID Policy- 5. Restriction on Construction of Improi-L-mews. In accordance with Section 372.010(c) of the Act- actual construction of any improvement may not begin until after the twentieth ( 2 Offi) day following the Panther Island O-PID Effective Date. Management and Improvement Services Agreement (PID 23; TRWD) Page 25 of 29 4DOPTED thL the 24" clay of FebnLuy 2026- ATTEST: Janette S _ Goodall_ City Seexetary Exhibit "B" Management and Improvement Services Agreement (PID 23; TRWD) Page 26 of 29 IMPROVEMENT AND SERVICES The general nature of the proposed improvements and services to be provided in the district, include, without limitation, the following: Enhancements to improve District operations and maintenance for green spaces, public areas, and the canal public realm; ensure clean and safe functions across the District; and address potential ongoing or capital maintenance needs related to the District's infrastructure and water recreation. 2. Improvements to enhance the District's community including, without limitation, litter abatement, illegal dumping, landscaping, promotional sign and banner programs, lighting, and various other streetscape and capital improvements, including streets, sidewalks, roadways, and rights -of -way. Improvements that promote safety and security within the District, without limitation, security lighting, security camera installation, additional security patrols, safety technologies, street calming measures and capital improvements to improve pedestrian, bike, and transit shelter safety. 4. Additional special supplemental services for improvement and promotion of the District, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business development, and cultural enhancements. 5. Payment of expenses incurred in the establishment, administration, and operation of the District. 6. Any other improvements and services to the District as allowed pursuant to the Code for a home - rule municipal corporation. Exhibit "C" Management and Improvement Services Agreement (PID 23; TRWD) Page 27 of 29 Budget and Service Plan Five -Year Itemized Estimate of Revenues and Expenses Pre - B UIDG EF FOR€CAST Assumed Rate for Private Property Assessment SD.05 'I 50.D5 1 : �D.05 2D29 S0.165 2D30 59.165 21131 S0.165 Revenues PRfVATEASSE SSMENTSICDNTRIBUTIONS 0 52,04S 54,649 286,875 308.W 422r359 PUBLIC ASSESSMENTSICDNTRIBUTIONS 124,103 1,43,864 146,741 243,676 248,549 253520 Tutzt Revenues AvarIahLefgr Use 124,103 1951916 201,39D 52d 551 557,512 675,379 Use of Fund Balance 0 0 0 0 0 27,141 TofalRevenuesAvailableforUse 124,143 195,910 2101„M 524,551 557,512 703,020 Expertses Management Fee 0 0 0 11)D,D00 1114,0DO 1D8,16D Operation &Maintenance 32,1103 65,000 55,D00 243,DDO 290,0D0 375,DDD Security D 30,000 31,200 40,000 41,600 70,001) Marketing 10,0013 20,000 21,000 30,090 31,500 33.075 PublicEvents 51),DDD 50,1300 50,000 75,000 75,000 10D,OD0 City Audit 0 3,DD0 3:000 3,000 3,000 3,000. Ck,Ardministrative Fee (2.D%) 1,840 3,360 3,204 9.820 10,9132 13,785 TotaL8udgeted Expenses 93A43 171,360 163,404 500,,820 5%,002 703,020 Contribution to Fund Balance 3D,260 24,55D 37,986 23,731 1,510 0 Total.Expenses 124.1W 195,910 201.390 524,551 557,512 703.020 Net Change in Fund Balance 30,260 24,550 37,98E 23,731 1,510 _27,141 Estimated Fund Balance (EOY) 3D,28D 54,819 92,796 116,526 1187036 118.036 Reserve Requirement (16.67% of FY BE) 28,5611 27,234 83,4N 92,667 117,170 117,169 Over(Under)Re-serve 1,700 27,576 9,376 23,859 866 347 Management and Improvement Services Agreement (PID 23; TRWD) Page 28 of 29 Exhibit "D" ADVISORY BOARD MEMBER APPOINTMENT PROCESS The advisory board will be established at a future date, consistent with the City of Fort Worth PID Policy. Management and Improvement Services Agreement (PID 23; TRWD) Page 29 of 29 3/25/26, 12:56 PM M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORTH Create New From This M&C DATE: 3/10/2026 REFERENCE **M&C 26- LOG NAME: 03PID23 VOLUNTARY NO.: 0155 CONTRIBUTIONS CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (CD 2 and CD 9) Accept Voluntary Contribution of $124,103.00 from the Tarrant Regional Water District for Public Improvement District No. 23 - Panther Island for Fiscal Year 2026, Authorize Execution of a Management Agreement with the Tarrant Regional Water District for the Improvement District, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Accept a voluntary contribution from Tarrant Regional Water District in the amount of $124,103.00, in accordance with its participation agreement for Public Improvement District No. 23 - Panther Island for Fiscal Year 2026; 2. Authorize execution of a management agreement with Tarrant Regional Water District for the management of Public Improvement District No. 23 - Panther Island during Fiscal Year 2025- 2026; and 3. Adopt the attached appropriation ordinance, increasing receipts and appropriations in the Public Improvement District No. 23 - Panther Island Fund by $124,103.00, subject to receipt of payment from Tarrant Regional Water District, for administration and operation of Public Improvement District No. 23 - Panther Island during Fiscal Year 2026. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize actions associated with the initial operation of Public Improvement District No. 23 - Panther Island (PID 23) during Fiscal Year (FY) 2026. On February 24, 2026, the City Council held a public hearing regarding a petition to create PID 23, authorized a participation agreement for the Tarrant Regional Water District (TRWD) to pay assessments on its property throughout the life of PID 23, made certain findings, and approved the PID's creation, all in accordance with Chapter 372 of the Texas Local Government Code. In accordance with the petition, PID 23 will not impose assessments or have a formally approved Service and Assessment Plan (SAP) until FY2027. However, as laid out in the petition, TRWD has agreed to make voluntary pre -assessment contributions to commence PID-related work during the current FY2026. Approval of this M&C formally authorizes acceptance of and appropriates TRWD's voluntary contribution to enable the start-up and ongoing operations of the district during the current FY. The improvements and services to be provided in PID 23 during the 2025-2026 Fiscal Year and the associated costs are outlined below: Fiscal Year 2026 Budget Improvements Operations & Maintenance Marketing Public Events City Administrative Fee 3udgeted Costs $32,003.00 $10,000.00 $50,000.00 $1,840.00 apps.cfwnet.org/council_packet/mc_review.asp?ID=34198&counciWate=3/10/2026 1 /2 3/25/26, 12:56 PM Contribution to Fund Balance M&C Review $30,260.00 Total Expenses $124,103.00 This M&C is limited to the TRWD's voluntary contribution being utilized in a manner consistent with the proposed services included in the petition for the PID's creation and does not levy assessments. Formal adoption of the SAP, the assessment rate and levy for PID 23 for FY2027 will be considered under a separate M&C and ordinance during the standard August/September assessment cycle. As noted in the PID 23-creation M&C, it is anticipated that other tax-exempt entities may also elect to provide voluntary contributions to the Panther Island PID during FY2026. Should additional contributions be received, staff will return to City Council with separate M&C actions to accept those funds and adjust appropriations accordingly. The Panther Island PID is located in COUNCIL DISTRICT 2 and 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2025-2026 Budget by the City Council, funds will be available in the Fiscal Year 2026 operating budget, as appropriated, in the FWPID #23 — Panther Island PID Fund. Prior to any expenditure being incurred, the FWLab Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Dianna Giordano (7783) Christianne Simmons (6222) Brady Kirk (8712) ORD.APP 03PID23 VOLUNTARY CONTRIBUTIONS AO.docx (Public) PID 23 FID Table 20260204.xlsx (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=34198&counciWate=3/10/2026 2/2 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant Regional Water District Subject of the Agreement: MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 23 (PID No. 23 or Panther Island PID) M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 02/24/2026 If different from the approval date. Expiration Date: 09/30/2026 If applicable. Is a 1295 Form required? * Yes ❑ No 0 *Ifso, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.