HomeMy WebLinkAboutContract 29467 CITY SECRETARY
CONTRACT No. •q W(t 7
AMENDMENT TO AND EXTENSION OF
CONTRACT FOR IMPROVEMENTS AND/OR SERVICES
IN THE FORT WORTH IMPROVEMENT DISTRICT NO. 10
(FY 2003-2004)
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, on October 16, 2001, the City of Fort Worth (the "City") and
Downtown Fort Worth, Incorporated (the "Contractor"), entered into City Secretary
Contract No. 27190, which provides for certain improvements and services to be
provided in the Fort Worth Improvement District No. 10, 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, 2003,
and ending September 30, 2004, 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
Andy Taft, its duly authorized President, do hereby covenant and agree as follows:
1) That the aforesaid contract for improvements and/or services in the Fort Worth
Improvement District No. 10, between the City and Contractor, dated October 16,
2001, referred to as City Secretary Contract No. 27190, be and is hereby extended for
the period beginning October 1, 2003, and terminating on September 30, 2004, 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, 2003, and terminating September 30, 2004."
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: i
Total To Be
Cost Assessed
2003-04 FY
(1) a maintenance and landscaping program $94,832 $34,300
(2) City administration fee 2.000 0
Totals $96,832 $36,300
* The $60,532 difference between costs and assessments reflects a subsidy of$51,132
from other S.I.D. activities generated by P.I.D. No. l; $7,600 from "The T" for contract
services; and $2,460 from the City for City owned properties in the district. There will be
a $660 revenue balance over expenses generated by 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
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
PEC04KD
CITY R-IfillUff
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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.
WITNESS the following signatures and seals this day of �( 2004.
CITY OF FORT WORTH DOWNTOWN FORT WORTH, INC.
By: 6Z By:
Charles R. Boswell And aft
Assistant City Manager Pre dent
APPROVED AS TO FORM ATTEST:
AND LEG LITY:
By: By:
Assista&City Attorney 61oria Pear n
City Secretary
Date: (� _ ) 4014 --.
Contract Authorization
Date
City of Fort Worth, Texas
aveigor And Council 4:0mmuniceltion
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 G-14074 13PID10PUBHEAR 1 of 3
SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 10, (EAST
DOWNTOWN AREA), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED
ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2003-2004,
ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT, AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT 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 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. 10; and
4. Authorize the transfer of $2,460 from the General Fund to the Special Assessment District Fund,
PID No. 10, FY 2003-2004 project account; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$2,460 in the Special Assessment District Fund from available funds; and
6. Authorize the transfer of $2,000 for administrative fees from the Special Assessment District Fund,
PID No. 10, FY 2003-2004 project account to the General Fund; and
7. Authorize the City Manager to execute a contract with Downtown Fort Worth, Inc. to provide
management services to the district for FY 2003-2004 in the amount of $96,832; and
8. 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
9. Direct the City Secretary to give notice of the September 9, 2003, meeting in accordance with State
law; and
10.Approve adding to the 2003-2004 budget, as contingency, any unencumbered revenues from PID
No. 10 assessments from prior years.
DISCUSSION:
On October 16, 2001, (M&C G-13407), the City Council approved Resolution No. 2786 establishing
Fort Worth PID No. 10.
City of Fort Worth, Texas
410agor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 G-14074 13PID10PUBHEAR 2 of 3
SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 10, (EAST
DOWNTOWN AREA), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED
ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2003-2004,
ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT, AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT 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:
• A maintenance and landscaping program consisting of street sweeping, sidewalk sweeping,
sidewalk cleaning and supplemental trash receptacle pickup; and
• A promotions program consisting of recreational and cultural activities; a promotional program;
and the staging or monitoring of special recreational and cultural events; and *
• A marketing and communications program consisting of an advertising, marketing and
communications program; market events and cooperative merchandizing of DFWI logos, etc. in
cooperation with other Fort Worth non-profits. *
* Much of this work is presently being conducted in the PID No. 1, for no additional cost to the proposed
expansion area of the district; these existing programs will benefit the proposed district.
• A security program consisting of monitoring the existing bicycle, cruiser and mounted police
officers to insure adequate coverage of the proposed district; a public relations crime prevention
campaign, when necessary; a public/private security force coordination program; and other
security related projects on an as needed basis, when funds are available; and
• A transportation and parking planning program consisting of a transportation management
organization; parking coordination and management where ever feasible; way finding planning
and projects; interface planning between various transportation modes and land uses; and
grantsmanship to develop and implement transportation and parking related programs which
solve identified problems in the proposed expansion area of the district; and
• A management program to provide for the establishment, administration and operation of the
proposed expansion area of the district.
PID No. 10 is located in COUNCIL DISTRICT 9.
City of Fort Worth, Texas
"(1.4or And Council 4:ommu"icntio"
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 G-14074 13PID10PUBHEAR 3 of 3
SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 10, (EAST
DOWNTOWN AREA), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED
ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2003-2004,
ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT, AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DOWIVTOWN
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
the adoption of the attached appropriation ordinance, 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 ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
(4)(5)GS87 472001 002510002000 $ 2,460.00
Richard Zavala(Acting) 6183 (6)GG01 481306 0134010 $ 2,000.00
Originating Department Head: (5)GS87 539120 002510002000 $ 2,460.00
Jim Keyes 8517 (from) APPROVED 08/26/03
(4)GG01 538070 0905800 $ 2,460.00 ORD.# 15661
Additional Information Contact: (7)GS87 539120 002510002000 $96,832.00
(6)GS87 539120 002510002000 $ 2,000.00
Judy Walton 8334