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HomeMy WebLinkAboutContract 29801 ma CITY mv :Vkl CONTRACT FOR IMPROVEMENTS AND/OR SERVICES IN THE FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 11 (STOCKYARDS) FOR FISCAL YEAR 2003 - 2004 STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, on February 25, 2003, the City Council of the City of Fort Worth, Texas, adopted Resolution No. 2925 which established a public improvement district under Chapter 372, Local Government Code, which district is known as the Fort Worth Public Improvement District No. 11 (the "District"); and WHEREAS, the City of Fort Worth (the "City") is authorized to utilize the District to undertake improvements and/or services that confer special benefits on the part of the City within the District; and WHEREAS, the City Council is authorized to levy and collect special assessments on property in the District, based on the special benefits conferred by the improvements and/or services, to pay the cost of such improvements and/or services; and WHEREAS, the City now desires to enter into a contract for certain improvements and/or services in the District for the period from October 1, 2003 to September 30, 2004, which improvements and/or services shall consist of a promotions program, a marketing program; and a management program; and WHEREAS, such improvements and/or services constitute a supplement to standard City services and an added increment of service to ensure the continued high quality of maintenance in the District and to provide other special benefits and services which will enhance the vitality and quality of the Stockyards area; and WHEREAS, Fort Worth Stockyards Preservation Foundation, Inc., (the "Contractor") has offered to assist the City by providing, furnishing or performing the aforesaid improvements and/or services; and WHEREAS, the City and the Contractor mutually desire to enter a contract whereby, for the consideration stated below, the Contractor will provide, furnish or perform such improvements and/or services as further detailed herein; NOW,THEREFORE: That, for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worth, hereinafter referred to as "City" acting by and through Charles R. Boswell, its duly authorized Assistant City Manager, and Fo Preservation Foundation, Inc., a Texas corporation, hereinafter referred to as the "Contractor", acting by and through Steve Murrin, its duly authorized President, do hereby covenant and agree as follows: I. Enp,a2ement of Contractor The City hereby engages the Contractor, and the Contractor hereby agrees, to provide, furnish or perform the improvements and/or services to be provided in the Fort Worth Public Improvement District No. 11 (hereinafter called the "District"), as described in this contract and all attachments hereto. Scope of Services by Contractor The overall scope and approach of the improvements and/or services to be provided, furnished or performed by the Contractor are more fully set forth in the District's 2003-2004 Budget and Service Plan which is on file in the office of the City Secretary of the City of Fort Worth and is incorporated herein by reference for all purposes. Such improvements and/or services shall consist of the following: 1) A promotions program consisting of staging or monitoring of special recreational and cultural events; 2) A marketing program consisting of an advertising, marketing events and management of a street banner program; and 3) A management program to provide for the establishment, administration and operation of the District. 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. In providing such improvements and/or services, the Contractor shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being performed by the City. The Contractor represents that it has or will secure at its own expense all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide such improvements and/or services in accordance with the requirements of the annual Budget and Service Plan. The Contractor's personnel shall not be employees of or considered under any contractual relationship with the City. Unless otherwise specifically provided herein, the Contractor or its subcontractors will perform all of the improvements and/or services required hereunder, and all personnel engaged by the Contractor shall be fully qualified to perform such improvements and/or services. 2 The Cit_V's Duties and Responsibilities A. The City shall provide the following ser-vices in connection with operation of the District and with the performance of this contract: 1. Levying and collecting assessments and recording the same in a separate revenue account; 2. Making payments to the Contractor from special assessment revenues; In 3. Maintaining the existing level of services, which the City currently provides in the District, either directly or by payment(s) in lieu thereof, 4. Maintaining complete and detailed records concerning any expenditures of special assessment revenues, which are made through City departments, boards or agencies; 4D 5. Promulgating rules and regulations pertaining to the use of the public space in the District after receiving the Contractor's advice and assistance; 6. Retaining and expending revenues from special assessments, penalties, interest and investment income thereon in the District; 7. Preparing an annual report of delinquent property assessments thereon to be turned over to the City's delinquent tax collection attorney; 8. Making regular reports to the Contractor concerning delinquent assessments and making billings thereon as necessary; 9. Producing an annual assessment roll of property owners and property within the District. B. 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 Paragraph 3 above, paying the assessments on City property in the District, and paying for improvements and/or services that the Contractor performs in the District, subject, however, to the provisions of Section V1 and V11 hereof. IV. Amendments to Contract This contract shall not be considered to be modified, altered, changed or amended in any respect unless the same is done in writing and is signed by both parties. ................. P, a, Off,f , rwyvf, Qa jlgA W A, 3 go, V. Term The initial term of this contract will be for a period beginning October 1, 2003, and terminating September 30, 2004. This contract may be extended up to two additional one-year terms upon mutual agreement of both parties. The Fort Worth City Council on an annual basis may authorize extensions of this contract. The compensation for contract extensions may be adjusted in accordance with the annual Budget and Service Plan approved by the City Council. The agreement between both parties to exercise the extension option must be completed at least thirty(30) days prior to the end of the current contract term. V1. Payments to Contractor A. The City shall pay the Contractor monthly in advance for performance of the work as hereinafter provided. At the beginning of each month, the Contractor shall send the City an invoice detailing the improvements and/or services to be performed during that month. Upon approval of such invoice and the improvements and/or services to be performed, the City shall, within ten (10) working days, pay the invoice. B. The Contractor shall make a monthly work report to the City Manager or his designated representative. This monthly report shall detail all of the Contractor's significant work activities during the preceding month. The format of the report shall be in a form that is mutually agreed upon by the Contractor and the City Manager. The report shall be due on the fifteenth (15th) working day of the month. Payments to the Contractor may be withheld if the monthly report is not received. The City Manager or his designated representative shall have the right to verify that the report is complete and accurate. C. Total revenues and payments to the Contractor shall consist of the following amounts shown below for the following improvements and/or services, which amounts are based on the cost of twelve (12) months of work: Total Costs FY2003-04 1) Promotions program $15,000 2) Marketing program 17,600 3) General office, administration 2,600 Total $35,200 The entire cost of the District proposed budget would be funded by assessments to property owners. The City will continue to provide the standard level of services in the district. In the case of any improvements and/or services, which the Contractor does not provide throughout the entire (12) month term of the contract," the Contractor shall receive a pro rata 4 payment to cover only the months when such improvements and/or service were actually provided. V11. Availability of Funds If the assessments referred to in Section VI. C. above is not available or is insufficient for the City to make the payments due hereunder, the City will immediately notify the Contractor of such occurrence, and this contract may be ten-ninated by the City on the last day of the month for which funds were available without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds are available from special assessments or sufficient funds are not available, the City and the Contractor may meet and negotiate an amendment to this contract so that the scope of improvements and/or services to be provided by the Contractor will correspond to the amount of available funds. VIII. Public Convenience and Safety A. The Contractor shall observe City ordinances relating to obstructing streets, keeping alleys or other rights-of-way open and protecting same and shall obey all laws and City ordinances controlling or limiting those engaged in the work and shall coordinate with the respective City departments concerning same. B. The Contractor shall perform its duties in a manner that will cause the least inconvenience and annoyance to the general public and the property owners. Contractor will exercise every necessary precaution for the safety of the property and the protection of any and all persons and/or property located adjacent to or making passage through said property. Ix. Right of Ownership All pen-nanent public facilities and equipment owned by City within the Fort Worth Public Improvement District No. 11 shall remain property of City, and Contractor cannot dispose of such property without the express written consent of City. X. Discrimination by Contractor A. The Contractor, in the execution, performance or attempted perfon-nance of this contract, will not discriminate against any person or persons because of sex, race, religion, color, sexual orientation or national origin, nor will the Contractor pen-nit its officers, agents, employees or subcontractors to engage in such discrimination. B. This contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ("Employment Practices"), of tl 1�7,* id Ral 5 14 City of Fort Worth, and the Contractor hereby covenants and agrees that the 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 tinder the terms of such ordinances by either the Contractor, its officers, agents, employees or subcontractors. X1. Compliance with the City's Minority/Women Business Enterprise Ordinance The City has adopted a goal-oriented program for the inclusion of minority and women business enterprises (M/WBE) in City contracts through Ordinance No. 13471, as amended. The Contractor has committed to meeting a 25% M/WBE goal on this project. The total of the dollars budgeted in this contract for will be used to determine the achievement of the percentage goal on the project. Compliance by the Contractor with the goal and/or procedures outlined in the Ordinance is mandatory; failure by the Contractor to comply with such procedures shall constitute a breach of this contract and shall be grounds for termination by the City. X11. Contractor Liability The Contractor shall assume full liability for any damages to any public or private property, which is due to the negligence of Contractor, its subcontractors, agents, permittees or assigns. X111. Personal Liability of Public officials No employee of the City of Fort Worth, nor any other agent of the City, shall be personally responsible for any liability arising under or growing out of the contract or operations of the Contractor under the terms of this contract. XIV. City Not Liable for Delay It is further expressly agreed that in no event shall the City be liable or responsible to the Contractor or any other person for or on account of any stoppage or delay in the work herein provided for by injunction or other legal or equitable proceedings, or from or by or on account of any delay for any cause over which the City has no control. 6 XV. Indemnification A. THE 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 ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE PART OF THE 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 NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE PART 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 THE CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION HEREWITH, INCLUDING OPERATIONS OF SUBCONTRACTORS. B. 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, CONTRACTOR, SUBCONTRACTORS, LICENSEES OR INVITEES. C. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of this Contract. The Contractor shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for proper protection in the prosecution of its work. XVI. 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 and the exclusive right to control the details of the services and work performed hereunder, and all persons performing the same; and shall be solely responsible for the acts and omissions of its officers, agents, employees, 7 contractors and subcontractors; that the doctrine of respondeat 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 City. XVII. Insurance The Contractor shall not commence work under this contract until it has obtained all the insurance required under the contract and the City has approved such insurance. Contractor shall be responsible for delivering to the City the Contractor's certificate of insurance for approval. Contractor shall indicate on the certificate of insurance whether or not its insurance covers subcontractors. The insurance coverage required herein shall include the coverage of all subcontractors; or such subcontractors shall provide to Contractor documentation of insurance reasonably equivalent to that required of the Contractor, according to the liability exposures related to the subcontractors' services and/or materials. A. WORKERS' COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract and any extension period, statutory Workers Compensation Insurance on all, of its employees engaged in work under this contract and for all subcontractors unless such subcontractors maintain their own Workers' Compensation Insurance. B. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and maintain during the life of this contract and any extension period, a commercial general liability insurance policy in the amount of less than $1,000,000.00 covering each occurrence with an aggregate limit of $2,000,000.00. Such policy shall be endorsed to name the City as an additional. insured. C. AUTOMOBILE INSURANCE: The Contractor shall procure and maintain, during the life of this contract and any extensive period, a comprehensive bodily injury and property damage automobile liability policy in the amount not less than $1,000,000.00 for each accident. This policy shall cover any automobile used within the scope of this contract Such policy shall be endorsed to name the City as an additional insured. D. CRIME INSURANCE: The Contractor shall maintain an insurance policy having a minimum limit of$50,000.00 per loss to cover money and securities for which the Contractor is contractually and/or fiscally responsible. The policy shall provide the following changes: 1. Employee Dishonesty. 2. Theft, Disappearance and Destruction of Money and Securities. E. PROFESSIONAL LIABILITY INSURANCE: (for errors and omissions): The Contractor shall maintain an insurance policy to cover professional liability exposures related to 8 Section H (Scope of Services by Contractor), Paragraphs A through F. Such insurance policy shall be maintained at a limit of not less than $250,000.00 for each claim. F. SPECIAL EVENTS LIABILITY INSURANCE: The Contractor shall maintain coverage under a liability insurance policy for events Contractor holds and/or sponsors. This insurance coverage may be included under the Commercial General Liability insurance policy of Contractor if clearly endorsed thereon or under a separate policy. The minimum limit of coverage for special events shall be $1,000,000.00 per occurrence. Contractor shall, as appropriate, require holders of special events for which Contractor is responsible to maintain liability insurance for respective events and require such event holders to provide Contractor with certification of insurance of the aforementioned limit, or, at a minimum of$500,000.00 per each occurrence. G. LIQUOR LIABILITY INSURANCE: Contractor shall maintain an insurance policy at a limit of not less than $500,000.00 for each common cause (claim) as excess and/or primary coverage for events for which the Contractor is responsible. Contractor shall require event holders to maintain such insurance for respective events when event holder(s). Commercial General Liability insurance does not cover this liability exposure, for example, when event holder(s) are in the business of selling, manufacturing or distributing alcoholic beverages. H. INSURANCE REQUIREMENTS: The insurance specified in Section XVII hereof shall comply with the following requirements: I. The named insured on Contractor's insurance policies shall be: Fort Worth Stockyards Preservation Foundation, Inc. 2. Additional insured on the Contractor's insurance policies listed in Section XVII (Insurance), Paragraphs B, C, F and G, shall be the City of Fort Worth. 3. Certificates of insurance documenting coverages required in this contract shall be provided to the City Manager, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102, in a timely manner; and any failure of the City to request same shall not be construed as a waiver of such requirement. 4. A minimum notice of thirty (30) days shall be provided the City (as designated in Item 1.3. above) in the event of cancellation or non-renewal of policy(s) except a ten (10) day notice shall be acceptable in the event of non-payment of insurance premium(s). 5. Insurers of all policies of insurance shall be licensed or otherwise authorized to do business in the State of Texas and be otherwise acceptable to the City in terms of financial strength and solvency. 6. Deductible limits of required insurance policies shall be acceptable to the City. ............ tia A, 9 7. Applicable policies shall be endorsed with waiver(s) of subrogation in favor of the City. 8. The City shall be entitled, upon its request, and without incurring expense, to review the Contractor's insurance policies including endorsements thereto and, at the City's discretion, the Contractor may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy required of the Contractor shall have no exclusions by endorsement unless approved by the City. 10. The City shall not be responsible for the cost of any insurance required of the Contractor. 11. All liability insurance required of the Contractor shall be written on an occurrence basis as such is authorized in the State of Texas by the State Department of Insurance and its respective Board. I. LOCAL AGENT FOR INSURANCE: The insurance company or managing brokerage firm with or through whom the Contractor's insurance is written shall be represented by an agent or agents having an office located within the Fort Worth-Dallas metropolitan area. The name of the agent or agents shall be stated on all certificates of insurance. Contractor shall keep the required insurance in effect at all times during the term of this contract and any extension thereof. Contractor shall furnish to City a certificate of insurance on a form approved by the City, evidencing that Contractor has obtained the required insurance coverage. All policies must provide that they may not be changed or canceled by the insurer in less than thirty (30) days after the City of Fort Worth has received written notice of such change or cancellation except a notice of ten (10) days shall be acceptable if cancellation is due to non-payment of policy premium. The lines of coverage and policy limits of such insurance may be revised upward at City's request with reasonable notice by the City to the Contractor, and Contractor shall revise such lines of coverage and policy limits within thirty(30) days after receipt of such request. XVIII. Laws to be Observed The Contractor at all times shall observe and comply with all applicable federal and state laws, local laws, ordinances, orders and regulations of the federal, state, county or city governments. No pleas of misunderstanding will be considered on account of ignorance thereof. XIX. Taxes The Contractor shall pay all federal, state and local taxes, which may be chargeable against the performance of this work. 10 XX. Permits Before proceeding with the work hereunder, the Contractor shall obtain and pay for any necessary permits and licenses, whether issued by the state, county or city, and furnish proof thereof. XXI. Character of Workers and Work The Contractor and the Contractor's employees, including subcontractors, shall be competent and careful workers skilled in their respective trades. The Contractor shall not employ nor contract with any person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of his duties. 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 perfon-ned for the public benefit and it is necessary that it be perfon-ned in an acceptable manner and at a satisfactory rate of progress, as determined by the City. XXII. Equipment The Contractor shall at all times maintain its equipment in a clean, serviceable condition. All equipment shall be properly licensed and inspected and clearly marked with the Contractor's name. The continued use of unserviceable and improper equipment shall be considered a breach of contract. XXIII. Assigning or Subletting the contract The Contractor shall not assign or sublet the contract or any portion of the contract without written approval of the City Manager. The City's written approval of the Contractor subletting work shall not be considered as making the City a party to such Contractor. No subcontract shall under any circumstances relieve the Contractor of the Contractor's liability and obligations under the contract; all transactions will be made through the Contractor. Such subcontractors will be recognized and dealt with only as workers and representatives who are providing services to the Contractor. Any subcontracts shall be subject to the provisions of Section XI hereof. XXIV. Breach of Contract All terms, conditions and specifications of the contract shall be considered material, and failure to perform any part of the contract shall be considered a breach of contr k", Contractor fail to remedy any breach of contract within fourteen (14) days after written notification to the Contractor of the violation, the City may, at its option and in addition to any other remedies available to it under law, terminate the contract. This contract shall not be terminated, however, if the Contractor has commenced to cure the breach within said fourteen (14) day period, and thereafter pursues such cure with reasonable diligence and in good faith. Notwithstanding the above, City may terminate this Contract with or without cause upon thirty (30) days prior written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. in the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. XXV. Contract Administration The City Manager shall designate a representative to administer this contract. The City assigns to the Contractor the responsibility to perform the administrative, supervisory and management tasks for the District as set forth in this contract and the 2003-2004 Budget and Plan of Services, which is on file in the office of the City Secretary. The Contractor shall be responsible for operation, oversight and supervision of the marketing/promotion program, the communication/information program, the capital improvement program, and the administrative program. XXVI. Information The Contractor shall, at such time and. in such form as City may require, furnish periodic information concerning the status of the project and such other statements, certificates and approvals relative to the project as may be requested by the City. XXVIL Books and Records The Contractor shall maintain complete and accurate records with respect to costs incurred under the contract. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. The Contractor shall provide representatives of City or its appointees free access to such books and records, at all proper times, in order that they may examine and audit the same and make copies thereof The Contractor shall further allow the City and its representatives to make inspections of all work data, documents, proceedings and activities related to this contract. Such night of access and audit shall continue for a period of three (3) years from the date of final payment under this contract. 12 XXVIII. Performance Audit City shall have the tight to conduct a performance audit and evaluation of Contractor at such times, as City deems necessary. The Contractor shall fully cooperate with any such performance audit. The City may employ consultants at the City's expense to assist City in the audit. The Contractor agrees to give the City and its consultants access to all reports, data, schedules, etc., which may be required to conduct said performance audit. XXIX. Notices Any notice, bill, invoice or report required by this contract shall be conclusively determined to have been delivered at the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached, to the address listed below: City of Fort Worth Ft. Worth Stockyards Preservation Foundation, Inc. ATTN:City Manager ATTN: Steve Murrin 1000 Throckmorton Street Cowtown Coliseum Fort Worth, Texas 76102-6311 121 E. Exchange Avenue Fort Worth, TX 76106-8211 XXX. Headinp,s Disregarded The titles of the several sections, subsections and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. XXXI. Venue and Jurisdiction Should any action, whether real or asserted, at law or in equity, anise out of the execution, performance, attempted performance or nonperformance of this contract, venue for said action shall lie in Tarrant County, Texas. This contract and any action in connection herewith shall be governed, construed and enforced by the laws of the State of Texas. XXXII. Severability In case any one or more of the provisions contained in this contract shall, for any reason, be held to be invalid, illegal. or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this contract, which contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 13 XXXIII. Non-waiver The failure of the city to insist upon the performance of any term or provision of this contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. XXXIV. Entirety of Agreement This written instrument and all attachments incorporated herein by reference constitute the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous oral or written agreements which purport to vary from the terms hereof shall be void. XXXV. Effective Date This contract is made and entered as of October 1, 2004 EXECUTED on this the cllxh)day of 2004. CITY OF FORT WORTH FORT WORTH STOCKYARDS PRESERVATION FOUNDATION, INC. By: By: Charles R. Boswell Steve Murri'n Assistant City Manager President APPROVED AS TO FORM ATTEST: AND LEGA Y: By: By: Assifftant City Attorney City Secretary Date: -)ntrac Authorization f. Date W- V 14 '11, 17 City of Fort Worth, Texas 4vagor And Council communicatio" DATE REFERENCE NUMBER LOG NAME PAGE 8/26/03 G-14078 13PID11PUBHEAR 1 of SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 11, (THE STOCKYARDS), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2003-2004, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT FOR MANAGEMENT SERVICES IN THE DISTRICT RECOMMENDATION: It is recommended that the City Council- 1. ouncil:1. Hold a public hearing concerning the plan of services and budget for FY 2003-2004; and 2. Adjourn such public hearing; and 3. Approve the attached budget and service plan for FY 2003-2004, as recommended by the Advisory Board of Public Improvement District (PID) No. 11; and 4. Authorize the transfer of $2,600 for administrative fees from the Special Assessment District Fund, PID No. 11, FY 2003-2004 project account to the General Fund; and "tl' . 5. Authorize the City Manager to execute a contract with the Fort Worth Stockyards Preservation Foundation, Inc. to provide management services to the district for FY 2003-2004 in the amount of $35,200; and 6. Adopt the proposed assessment roll on file in the Office of the City Secretary and set Tuesday, September 9, 2003, at 7:00 p.m. in the City Council Chambers as the time and place of the benefit hearing-, and 7. Direct the City Secretary to give notice of the September 9, 2003, meeting in accordance with State law. DISCUSSION: On February 25, 2003, (M&C G-13894), the City Council approved Resolution No. 2925 establishing Fort Worth Improvement District No. 11. The general nature of the improvements and/or services of the District shall include: a. A promotions program consisting of staging or monitoring of special recreational and cultural events; b. A marketing program consisting of an advertising, marketing events and management of a street banner program; and c. A management program to provide for the establishment, administration and operation of the District. City of Fort Worth, Texas "Agar find jzou"Cil communicatio" DATE REFERENCE NUMBER LOG NAME PAGE AGE 8126/03 G-14078 I 13PID11PUBHEAR 2 of 2 SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 11, (THE STOCKYARDS), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2003-2004, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT FOR MANAGEMENT SERVICES IN THE DISTRICT PID No. 11 is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of the above recommendations, funds will be available in the FY 2003-2004 operating budget, as appropriated, of the Special Assessment District Fund. RZ-.r Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CfTY SECRETARY Office by: (to) (4)GG01 481306 0134010 $ 2,600.00 Richard Zavala(Acting) 6183 Originating Department Head: Jim Keyes 8517 (from) APPROVED 09/26/03 (5)GS87 539120 002511003000 $35,200.00 Additional Information Contact: (4)GS87 539120 002511003000 $ 2,600,00 Linda Brown 6030