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Home My WebLink AboutContract 28161 CITY SECRETARY CONTRACT NO. AMENDMENT TO AND EXTENSION OF CONTRACT FOR IMPROVEMENTS AND/OR SERVICES IN THE FORT WORTH IMPROVEMENT DISTRICT NO. 1 (FY 2002-2003) STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, on October 1, 1999, the City of Fort Worth (the "City") and Downtown Fort Worth, Incorporated (the "Contractor"), entered into City Secretary Contract No. 25389, which provides for certain improvements and services to be provided in the Fort Worth Improvement District No. 1, which improvements and/or services consist of a maintenance and landscaping program, a security program and management program; and WHEREAS, the City and the Contractor have mutually agreed that the aforesaid contract shall be extended for an additional one-year period beginning October 1, 2002, and ending September 30, 2003,but with the amendments hereinafter contained; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 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 Downtown Fort Worth Incorporated, hereinafter referred to as "Contractor", acting by and through Gregg Upp, its duly authorized Chairman, do hereby covenant and agree as follows: 1) That the aforesaid contract for improvements and/or services in the Fort Worth Improvement District No. 1, between the City and Contractor, dated October 1, 1999, referred to as City Secretary Contract No. 25389, be and is hereby extended for the period beginning October 1, 2002, and terminating on September 30, 2003, but with the following amendments thereto: a) Section V, Term, is hereby amended by changing the first sentence thereof to read as follows (p. 4): "The term of this contract will be for a period beginning October 1, 2002, and terminating September 30, 2003." b) Section VI, Payments to Contractor, Subsection C, is hereby changed to read as follows (p. 4): Total revenues of the District and payments to the Contract shall consist of the following amounts for the following improvements and/or services, which amounts are based on twelve (12) months of work: �� O p VEORD IMERky Total To be Cost assessed 2002-03 FY (1) a maintenance and landscaping program $590,665 $389,242 (2) a promotions program 40,000 26,360 (3) a marketing program 76,824 50,626 (4) a security program 25,305 16,675 (5) a transportation and parking program 96,656 63,695 (6) a management program 235,819 155,402 (7) excess SID revenues to expansion area 1,032 -0- Totals $1,066,301 $702,000* * The $364,301 difference between costs and assessments reflects receipt of $250,600 from the City for payment in lieu of services, $101,014 in revenue from district activities, and $12,687 from other revenue sources, including the use of district reserve funds if necessary. Note 1 $131,486 is for assessments levied against City property. The remaining $119,114 is for payment from the City to the Contractor for performance of the following services that were previously performed by the City: a) Park Services and Maintenance $45,096 b) Sidewalk cleanup and garbage pickup 38,708 c) Houston/Throckmorton street and sidewalk services 35,310 Note 2 The $113,701 includes revenue to be collected by the Contractor from others and special events. The City is not responsible for payment of the $113,701 to the Contractor. 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 prorated payment to cover the months when such improvements and/or service were actually provided. (c) Section VIII, Indemnification, Subsection A and B, are hereby changed to read as follows: 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 .P 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 HIND 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. 2. That except as hereby extended and amended, the provisions of such contract shall remain unchanged and in full force and effect. O��D�GU TEOED C8w C"' 11REA ty WITNESS the following signatures and seals this l l day of Lev , 2002. ATTEST: CITY OF FORT WORTH By: jam-.-62� %WJA4- loria Pears Charles R. Boswell City Secret Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Date:— / 0 -3 -01 n DOWNTOWN FORT WORTH, INC. "�RdA uthorization —0 � zP 7 9� @ By' oale Greg Upp Chairman CITY _. : .-.'y 7 ry 4 TRo City of Fort Worth, Texas AUyor and 0aliusidd 0oomomsesdeation DATE REFERENCE NUMBER LOG NAME PAGE 8/27/02 G-13710 1 13PID-1 1 of 3 SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1 (DOWNTOWN), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2002- 2003, ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT, AND AUTHORIZE A CONTRACT EXTENSION WITH DOWNTOWN FORT WORTH, INC. TO PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT RECOMMENDATION: It is recommended that the City Council: 1. Hold a public hearing concerning the plan of services and budget for FY2002-2003; and 2. Adjourn such public hearing; and 3. Approve the attached service plan and budget for FY2002-2003 as recommended by the Advisory Board of Public Improvement District (PID) No. 1; and 4. Authorize the transfer of $250,600 from the General Fund to the Special Assessment District Fund, PID No. 1, FY2002-2003 project account; and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $250,600 in the Special Assessment District Fund from available funds; and 6. Authorize the transfer of $2,500 for administrative fees from the Special Assessment District Fund, PID No. 1, FY2002-2003 project account to the General Fund; and 7. Authorize the City Manager to execute a contract extension with Downtown Fort Worth, Inc. to provide improvements and services in PID No. 1 during FY2002-2003 for the sum of $952,600.00; and 8. Adopt the proposed 2002 assessment roll which is on file with the City Secretary and set Tuesday, September 10, 2002, at 7:00 p.m. in the City Council Chambers as the time and place for the benefit hearing; and 9. Direct the City Secretary to give notice of the September 10, 2002, benefit hearing in accordance with State law; and 10.Approve adding to the 2002-2003 budget, as contingency, any unencumbered revenues from PID No. 1 assessments from prior years. DISCUSSION: On September 7, 1999 (M&C G-12655), the City Council approved Resolution No. 2573 re-establishing Fort Worth PID No. 1 for a five year period. This will be the 16th year of operation for PID No. 1. City of Fort Worth, Texas Mayor anal 00tuncid 004"Aftsehication DATE REFERENCE NUMBER LOG NAME PAGE 8/27/02 G-13710 I 13PID-1 2 of 3 SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1 (DOWNTOWN), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2002- 2003, ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT, AND AUTHORIZE A CONTRACT EXTENSION WITH DOWNTOWN FORT WORTH, INC. TO PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT The general nature of the improvements and/or services of the District shall include: • An Improvement District Maintenance and Landscaping Program consisting of supplemental street sweeping, sidewalk cleaning, bus shelter cleaning, planting and landscape maintenance, streetscape improvements, and trash receptacle pickup; and • An Improvement District Promotions Program consisting of recreational and cultural enhancements and activities, a promotional program, and the staging or monitoring of special recreational and cultural events; and • An Improvement District Marketing Program consisting of an advertising and marketing campaign to promote the use of the District to three target populations (primarily), downtown workers, visitors, Fort Worth and Tarrant County residents; and • An Improvement District Security Program consisting of a public relations crime prevention campaign, private security force coordination campaign, parking garage, and a parking lot security program; and • An Improvement District Transportation and Parking Program consisting of a campaign to promote Fort Worth Transit Authority bus service and ridesharing, the development of a plan concerning better utilization of short-term parking facilities, and the improvement of traffic signs; and • An Improvement District Management Program to provide for the establishment, administration and operation of the District/activities and programs. City of Fort Worth, Texas AUyof ANd Ootumeig Oomonsimicatiom DATE REFERENCE NUMBER LOG NAME PAGE 8/27/02 G-13710 13PID-1 3 of 3 SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1 (DOWNTOWN), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2002- 2003, ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT, AND AUTHORIZE A CONTRACT EXTENSION WITH DOWNTOWN FORT WORTH, INC. TO PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the FY2002-2003 operating budget, as appropriated, of the Special Assessment District Fund. CB:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 4&5) GS87 472001 002501002000 $250,600.00 Charles Boswell 6183 6)GG01 481306 0134010 $ 2,500.00 Originating Department Head: 5)GS87 539120 002501002000 $250,600.00 Jim Keyes 8517 (from) APPROVED 08/27/02 4)GG01 538070 0905800 $250,600.00 ORD.# 15202 Additional Information Contact: 7) GS87 539120 002501002000 $952,600.00 6)GS87 539120 002501002000 $ 2,500.00 Linda Brown 6030