HomeMy WebLinkAboutContract 29468 CITY SECRETARY,
CONTRACT No.
AMENDMENT TO AND EXTENSION OF
CONTRACT FOR IMPROVEMENTS AND/OR SERVICES
IN THE FORT WORTH IMPROVEMENT DISTRICT NO. I
(FY 2003-2004)
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, 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. 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, 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:
Total To be
Cost assessed
2003-03 FY4
(1) a maintenance and landscaping program $606,645 $370,795
(2) a promotions program 20,000 8,450
(3) a marketing program 78,520 33,165
(4) a security program 26,265 10,670
(5) a transportation and parking program 98,600 41,650
(6) a management program 270.270 270,270
Totals $1,100,300 $735,000*
* The $365,300 difference between costs and assessments reflects receipt of $252,600
from the City for payment in lieu of services, $87,200 in revenue from district activities,
and $25,500 from other revenue sources, including the use of district reserve funds if
necessary.
Note 1 $133,486 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 $112,700 includes revenue to be collected by the Contractor from
others and special events. The City is not responsible for payment of the
$112,700 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
OMISSION ON THE PART OF THE CONTRACTOR, ITS OF 4CERS,
4 LCL'".1':'
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.
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 `, i` day of
�1 L�
—.. 2004.
ATTEST: CITY OF FORT WORTH
By: 6Z_
loria Pears Charles R. Boswell
City Secretary Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant ity Attorney
Date:
DOWNTOWN FORT WORTH, INC.
CA- ti m
Contract Authorization
?--)- a
Date Taft
President
City of Fort Worth, Texas
iMagor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 G-14073 13PID1 PUBHEAR 1 of 2
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 2003-
2004, ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE
DISTRICT, AND AUTHORIZE 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 service plan and budget for FY 2003-2004 as recommended by the Advisory
Board of Public Improvement District (PID) No. 1; and
4. Authorize the transfer of $252,600 from the General Fund to the Special Assessment District
Fund, PID No. 1, FY 2003-2004 project account; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$252,600 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, 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
improvements and services in PID No. 1 during FY 2003-2004 for the sum of $1,100,300.00; and
8. Adopt the proposed 2003 assessment roll on file with the City Secretary and set Tuesday,
September 9, 2003, 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 9, 2003, benefit hearing in accordance
with state law; and
10. Approve adding to the 2003-2004 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 17th year of operation for PID No. 1.
The general nature of the improvements and/or services of the District shall include:
a. 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
City of Fort Worth, Texas
111!jAy0r And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 G-14073 13PID1 PUBHEAR 2 of 2
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 2003-
2004, ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE
DISTRICT, AND AUTHORIZE A CONTRACT WITH DOWNTOWN FORT WORTH, INC.
TO PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT
b. An Improvement District Promotions Program consisting of recreational and cultural
enhancements and activities; promotional program; and the staging or monitoring of special
recreational and cultural events; and
c. 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
d. An Improvement District Security Program consisting of a public relations crime prevention
campaign; a private security force coordination campaign; a parking garage and parking lot
security program; and
e. An Improvement District Transportation and Parking Program consisting of a campaign to
promote Fort Worth Transportation 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
f. An Improvement District Management Program to provide for the establishment, administration
and operation of the District/activities and programs.
PID No. 1 is located in COUNCIL DISTRICT 9.
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 002501002000 $ 252,600.00
Richard Zavala(Acting) 6183 (6) GG01 481306 0134010 $ 2,500.00
Originating Department Head: (5) GS87 539120 002501002000 $ 252,600.00
Jim Keyes 8517 (from) APPROVED 08/26/03
(4) GG01 538070 0905800 $ 252,600.00 ORD.# 15660
Additional Information Contact: (7) GS87 539120 002501002000 $1,100,300.00
(6) GS87 539120 002501002000 $ 2,500.00
Linda Brown 6030