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HomeMy WebLinkAboutContract 52904-A1 CITY SECRETARY . G�'NTRAOT CIO. 5 O X FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 52904, r A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 12(Chapel Hill) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52904("First Amendment")is made and entered into by and between the CITY OF FORT WORTH("City"),a home- rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager,and FIRSTSERVICE RESIDENTIAL TEXAS PID, LLC, a Texas limited liability company, ("Contractor")acting by and through its duly authorized representative. WHEREAS, the City and Contractor are parties to a Management and Improvement Services Agreement for Fort Worth Public Improvement District No. 12, the same being City Secretary Contract Number 52904 ("Agreement"); WHEREAS,Contractor identified the need to revise the budget to account for additional expenses related to landscaping, auditing,management fee,pond maintenance,and irrigation repairs; WHEREAS,on May 5, 2020,the City Council authorized a resolution approving a revised Fiscal Year 2019-2020 budget and five-year service plan,taking into account the revised budget; WHEREAS,the parties wish to amend the Agreement to incorporate the revised budget; and NOW,THEREFORE,for and in consideration of the mutual covenants,promises,and agreements contained herein,the City and Contractor do hereby covenant and agree to amend the Agreement as follows: 1. Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2. Section 6.I, Management Fee,is amended to increase the management fee by$2,672.00, for total amount not to exceed$13,872.00 and read as follows: "6.1. Management Fee. As full compensation for the provision of all Improvements and Services during the term of this Agreement, City will pay the Contractor a management fee of Thirteen Thousand, Eight Hundred Seventy- Two Dollars and No Cents ($13,872.00) in equal monthly installment ("Management Fee"). The parties recognize that Contractor has already been paid $6,533.33 of the Management Fee and that the remaining $7,338.67 will be paid monthly over the remaining term of the Agreement. This amount is reflected in the Budget and Service PIan as the "Management Fee". The term Management Fee includes any and administrative costs incurred by the Contractor to perform its duties and responsibilities under this Agreement, including, but not limited to, insurance, rent, office space, telephone charges (wired and wireless), office and general supplies,employee insurance,salaries, clerical costs,project management fees and costs, staff expenses, professional development,training, education, and the like." 2. All terms of this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. OFMCIAL RECORD First Amendment to CSC 52904 C llavf XCR ETA RY FT. WORTH,TX 3. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment will remain in full force and effect. �J �� IN WITNESS WHEREOF,the undersigned have caused this First Amendment to be executed on `^7 day of ,2020, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: FIRST SERVICE RESIDENTIAL TEXAS PID, LLC a Texas limited liability company By: By: �/9t(Alel Jay Chapa vatic Ward Assistant City Manager President 6 �9 ti ATTEST: , By:_ m ary J. ay City Secretary APPROVED AS TO FORM AND LEGAT^�R'Y:''M By: "X �2 Senior Assistant City Attorney Contract Compliant Manager: By signing, I acknowledg that I am the person responsible for the monitoring and administration of this contr ct, including ensuring all performance and reporting requirements. rystal inojosa Sr. Contract Compliance Specialist M&Cs: 19-0100(August 27,2019); 19-0213 (September 24,2019);and 20-0274 Form 1295: 2019-538770 and 2019-521507 OFFICIAL RECORD CITY SECRETARY First Amendment to CSC 52904 FT. WORTH,TX Exhibit"A" City of Fort Worth Five Year Service Plan Public Improvement District No.12-Chapel Hill Mid Year Revision FY19120 FY20121 FY21122 FY22123 FY23/24 REVENUES PID Assessments $69,361 $71,095 $72,872 $74,694 $76,562 Budget Revenues $69,361 $71,095 $72,872 $74,694 $76,562 Use of Fund Balance 19,184 Total Revenues $88,545 $71,095 $72,872 $74,694 $76,562 EXPENSES Management Fee 13,872 10,763 11,032 11,307 11,590 City Administrative Fee 2,000 2,000 2,000 2,000 2,000 Utilities 36,430 37,341 38,274 39,231 40,212 Landscaping 22,393 14,290 14,647 15,013 15,388 Landscape Enhancements 2,000 - - - - Irrigation Repairs 5,000 525 550 600 625 Pond Maintenance 2,400 2,817 2,817 2,817 2,817 Pond Chemicals 325 350 350 350 350 Fountain Repairs 825 850 875 900 925 Website 800 - - AudiUAnnual Review 2,500 1,000 1,000 1,000 1,000 Budget Expenses 88,545 69,936 71,545 73,218 74,907 Contribution to Fund Balance - - - Total Expenses $88,545 $69,936 $71,545 $73,218 $74,907 First Amendment to CSC 52904 3 of 3