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Home My WebLink AboutContract 54794-A1CSC No. 54794-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 54794, A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 12 (Chapel Hill) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54794 ("First Amendment") is made and entered into by and between the CITY OF FORT WO TH ("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 54794 ("Agreement"); WHEREAS, Contractor identified the need to revise the budget; WHEREAS, on Apri16, 2021, the City Council authorized a resolution adopting a revised Fiscal Year 2020-2021 budget and iive-year service plan; WHEREAS, the parties wish to amend the Agreement to incorporate the revised budget; and NO 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 Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2. All terms of this First Amendment that are capitalized but not defined have the meanings assigned to them in the Agreement. 3. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment remain in full force and effect. IN WITNESS WHEREOF, the undersigned have caused this First Amendment to be executed in Fort Worth, Tarrant County, Texas. CITY OF FORT WO TH: �� B[/,Jesus Chapa (May 28, 2 21 Z0:10 CDT) .J Jay Chapa Assistant City Manager Date: May 28, 2021 First Amendment to CSC 54794 FIRST SERVICE RESIDENTIAL TEXAS PID, LLC a Texas limited liability company /l G�ii��s'L �G/L� BV. Kathleen Ward (May 28, 20211Z:14 CDT) J Kathleed Ward President Date: M ay 28� 2021 OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX 0 ATTEST: By: ��/�Z��e�� Mary J. Kayser City Secretary �-d�� .S ��OR�°o�Q�� 0 0 ��a o � ��o g�10 �vo °=d � oo i�� °o 0 °000000� .d �� nEXA`'�.da�'.d APPROVED AS TO FORM AND LEGALITY: iyf�. G�%a�'� By: 0 Tyler F. Wallach Senior Assistant City Attorney Contract Compliant Manager: By signing, I acknowledg that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. �� Crystal Hinojosa Sr. Contract Compliance Specialist M&Cs: 20-0574 (August 25, 2020); 21-0227 (Apri16, 2021) Form 1295: 2020-653788 First Amendment to CSC 54794 OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX 0 Exhibit "A" ary or Fnrt wnrm Five Year Service Plan (Midyear) Public Improvement District No. 12 - Chapel Hill REVENUES PID Assessments Total Budgeted Revenues Use of Fund Balance Total Funds Available for Use EXPENSES Management Fee City Adm inistrative Fee Utilities Landscaping Common Area Maintenance Communications Audit/Annual Review Capital Improvements Total Budgeted Expenses Contribution to Fund Balance Total Expenses Net Change in Fund Balance Fund Balance, Beginning of Year (Estimate Yrs 2-5) Estimated Fund Balance, End ofYear Reserve Requirement Over (Under) Reserve *FY2021 Assessment Rate = $.18 FY20/21 FY27/22 FY22/23 $ 79,451 $ 81,040 $ 82,661 $ 79,457 $ 81,040 $ 82,667 23,200 - - $ 102,657 $ 81,040 $ 82,667 FY23l24 FY24/25 $ 84,314 $ 86,000 $ 84,314 $ 86,000 $ 84,314 $ 86,000 $ 13,000 $ 13,260 $ 13,525 $ 13,796 2,000 2,000 2,000 2,000 17,000 17,000 18,000 19,000 62,851 34,942 32,000 32,000 4,250 6,160 6,000 6,000 1,050 1,100 1,000 1,000 2,500 2,500 2,500 2,500 - - 3,151 3,OS5 $ 102,657 $ 76,962 $ 78,176 $ 79,381 102,657 76,962 78,176 79,351 $ (23,200j $ 4,078 $ 4,485 $ 4,933 42,715 19,515 23,593 28,078 19,515 23,593 28,078 33,011 1 Q892 13, 032 13,233 13,432 $ 8,623 $ 10,561 $ 74,845 $ 19,579 $ 14,072 2,000 19,000 30,135 5,000 1,000 2,500 6,867 $ 80,574 80,574 $ 5,426 33,011 38,437 13,432 $ 25,005 First Amendment to CSC 54794 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/06/21 LOG NAME: 17PID12 MIDYEARFY21 SUBJECT M&C FILE NUMBER: (CD 7) Adopt Attached Resolution Amending the Fiscal Year 2020-2021 Budget and Five-Year Service Plan for Fort Worth Public Improvement District 12 — Chapel Hill and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution approving the revised Fiscal Year 2020-2021 Budget and Five- Year Service Plan for Public Improvement District 12 — Chapel Hill to reflect amendments associated with a mid-year review; and 2. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Fort Worth Public Improvement District 12 — Chapel Hill Fund in the amount of $23,200.00, from available, unreserved fund balance. DISCUSSION: The City of Fort Worth Department of Economic Development administers the City's Public Improvement Districts (PIDs) in accordance with Chapter 372 of the Texas Local Government Code. The City's Operating PID Policy outlines the need to proactively work with the PID managers to oversee the services being provided by the PIDs and their associated financial positions. Staff, along with the contracted PID management companies, has conducted mid-year reviews of the Fiscal Year 2020-2021 Budget (Budget) for the Public Improvement District 12 - Chapel Hill (Chapel Hill PID) and recommend the following adjustments. The City contracts with FirstService Residential Texas PID, LLC (FirstService) to manage the Chapel Hill PID. FirstService has identified the need to increase the Chapel Hill PID Budget by $23,200.00 to cover expenses associated with increases to landscaping and a decrease to insurance line items in the Budget and Five-Year Service Plan. Removal of the insurance line item does not relieve FirstService from acquiring insurance in the types and amounts required under the contract. All such insurance costs are built into the current management fee. Revenue adjustments: Line Items to be Adjusted PID me Previously Approved FY21 Budget Item $79,451.00 Recommended Mid-Year Adjustment $0.00 Amended FY21 Budget Item $79,451. Use of Fund Balance Totals $0.00 � $23,200.00�� $23,200. $79,451.00 � $23,200.00 � $102,651.00 Expenditure adjustments: Line Items Previously Recommended Amended to be Approved FY21 Mid-Year FY21 Budget Adjusted Budget Item Adjustment Item Landscaping $28,143.00 $34,708.00� $62,851.00 Insurance $3,708.00 ($3,708.00) $0.00 Contribution to Fund $7,800.00 ($7,800.00) $0.00 Balance Totals $39,651.00 $23,200.00 $62,851.00 Staff supports FirstService's recommended mid-year budget adjustments. All other previously approved line items not mentioned above remain the same. Upon approval of the above recommendations, the total budgeted expenses for Fiscal Year 2020-2021 will be $102,651.00. This mid-year budget adjustment will decrease the unaudited, unassigned fund balance by a total of $23,200.00. The revised Budget and Five-Year Service Plan will take effect upon approval by City Council. The City and FirstService will amend the existing management contract to reflect the mid- year adjustment (City Secretary Contract No. 54794). The Chapel Hill PID is located in COUNCIL DISTRICT 7. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the FWPID #12 - Chapel Hill Fund. Prior to any expenditure being incurred, the Economic Development Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Jay Chapa 5804 Originating Business Unit Head: Robert Sturns 2663 Additional Information Contact: Crystal Hinojosa 7808