HomeMy WebLinkAboutContract 37728-A1Li FY' SECRETARY
aNTRACT NO . �a�A�
AMENDMENT NO. 1 TO
CITY SECRETARY CONTRACT NO, 37728
MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 11 (Stockyards)
This AMENDMENT NO. I TO MANAGEMENT AND IMPROVEMENT
SERVICES AGREEMENT ("Amendment") is made and entered into by and between the
CITY OF FORT WORTH (the "City"), a home rule municipal corporation organized under
the laws of the State of Texas acting by and through Tom Higgins, its duly authorized Assistant
City Manager, and STOCKYARDS PRESERVATION FOUNDATION OF FORT WORTH,
INC., a Texas nonprofit corporation ("Contractor") acting by and through Steve Muffin, Jr., its
July authorized President.
RECITALS
The following statements are true and correct and constitute the basis upon which the
City and Contractor have entered into this Amendment:
WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code on January
282 2003, the City Council of the City of Fort Worth adopted Resolution No. 2925 creating Fort
Worth Public Improvement District No. 11 (the "District"); and
WHEREAS, the City and Contractor previously entered into that certain Management
and Improvement Services Agreement, a public document on file in the City Secretary's Office
as City Secretary Contract No. 37728 (the "Agreement"), pursuant to which Contractor agreed
to provide certain management and administrative services related to operations in the District,
as more specifically set forth in the Agreement; and
WHEREAS, the Agreement provides for Contractor to receive a Management Fee of
$6,000.00 as compensation for such management and administrative services; and
WHEREAS, due to additional bookkeeping services that the City has requested and that
Contractor deems necessary for the responsible fiduciary management of the District, Contractor
has requested an increase in such Management Fee; and
WHEREAS, on July 14, 2009 the City Council adopted Resolution No. 3762-07-2009
approving a revised 2008-2009 fiscal year budget for the District which, among other things,
authorized a $5,650.00 increase in the Management Fee;
Page 1 of 3
Amendment No. 1 to Management and Improvement Services Agreement
with Stockyards Preservation Foundation of Fort Worth (PID 11 (Stockyards))
OFFICIAL RECORD
CITY SECR�T��€�Y
T.
WORTH, TX T
12/14/2009 20*46 817738780E
DEBBIE HUNTSMAN
PAGE 02/02
NOW+ TAEREFORE, for and in consideration of the mutual covenants, promises, and
agreements contained herein, the City and Contractor do hereby covenant and agree as follows:
!.kp
1. Section 2,2 (Contractor Compensation) of the Agreement is hereby amended to read as
follows:
2.2. Contriefor QMensedon. ZSDIIJO,
4ft
As ':Full compensation for the provision of all Improvements and Services during
the Term of this Agreement, the City shall pay Contractor the sum of $ ,which
amount is reflected in the Service Plan and Budget as "Management Fee," $6,000.00 of
which amount shall be paid in prorated installments in accordance with Section 6 hereof
and $5,650.00 of which shall be paid as soot: as' practicable following expiration of the
Term hereof
2. This Arttendment contains the entire understanding and agreezraent between the %7 and
Contractor as to the matters specifically contained herein. All terms and conditions of the
Agreement that are not directly amended by this Amendment shall remain in full force and
effect. Capitalized terms used, but not defined, in this Amendment shall have the meanings
assigned to them by the Agreement,
EXECUTED as of the last date indicated below:
CI'l'X OF FORT WO1tTH:
Tom ffiggins U v
Assistant City Manager
i2/z�,o9
STOCK'YARUS PRESERVATION
FOiTNDATION OF FORT WORTIEI, lNC.,
a Texas nonprofit corporation:
• S�
r. -
.
• � .- � .,� �:,. � it ,,
OFFICiAb, RECORD
CITY SECRETARY i
T.
WORTH, TX
By:
Marty Hendrix
City Secretary
ATTEST:
By:
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky (/
Assistant City Attorney
M&C: G-16626 7-14-09
Page 3 of 3
Amendment No. 1 to Management and Improvement Services Agreement
with Stockyards Preservation Foundation of Fort Worth (PID 11 (Stockyards))
-VL+ V"4�q
OffIC1AL RECORD
Clay SECRETARY
fT. VVoftTHI TX
NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and
agreements contained herein, the City and Contractor do hereby covenant and agree as follows:
AGREEMENT
1. Section 2.2 (Contractor Compensation) of the Agreement is hereby amended to read as
follows:
2.2. Contractor Compensation.
As full compensation for the provision of all Improvements and Services during
the Tenn of this Agreement, the City shall pay Contractor the sum of $11,560.00, which
amount is reflected in the Service Plan and Budget as "Management Fee," $6,000.00 of
which amount shall be paid in prorated installments in accordance with Section 6 hereof
and $5,650.00 of which shall be paid as soon as practicable following expiration of the
Term hereof.
2. This Amendment contains the entire understanding and agreement between the City and
Contractor as to the matters specifically contained herein. All terms and conditions of the
Agreement that are not directly amended by this Amendment shall remain in full force and
effect. Capitalized terms used, but not defined, in this Amendment shall have the meanings
assigned to them by the Agreement.
EXECUTED as of the last date indicated below:
CITY OF FORT WORTH:
By:
Tom Higgins
Assistant City Manager
STOCKYARDS PRESERVATION
FOUNDATION OF FORT WORTH, INC.,
a Texas nonprofitSorporation:
By:
Steve Murrin, Jr.
President
Page 2 of 3
Amendment No. 1 to Management and Improvement Services Agreement
with Stockyards Preservation Foundation of Fort Worth (PID 11 (Stockyards))
OF�1C1A�-RECORD
C1`fY SECRETARY
q. WORTH, TX
Tidwell, Allison !I iiiiii IMMUNE iiiiiiii Ili MEN
From: Gonzales, Ronald
Sent. Wednesday, January 20, 2010 9:56 AM
To: Tidwell, Allison
Subject, Replacement contract page
Attachments: D00001. PDF
D00001.PDF (42
KB)
Please insert the attached page to the contract and keep this e-mail as
background. The M&C reflected the correct amount; however, this page of the contract had two
numbers transposed.
Ron Gonzales
Assistant City Secretary, City of Fort Worth Ronald.Gonzales@fortworthgov.org
8179392.6164
"With Our Teamwork, the Dream Works"
-----Original Message-....
From: Lacker, Judy
Sent: Wednesday, January 20, 2010 8:19 AM
To: Gonzales, Ronald
Cc: Flores, Sylvia A
Subject: FW: Scan from a Xerox WorkCentre
Attached is a corrected, and initialed, page 2 of City Secretary Contract No. 37728-A1
[Amendment to Management and Improvement Services Ageement (for PID 11)]
Please include this page with the contract you have on file.
Judy L. Lacker
Administrative Legal Assistant to Sarah Fullenwider; Peter Vaky; Melinda Ramos; Leann Guzman
City Attorney's Office City of Fort Worth 817/392-8006; (Fax) 817/392-8359 P Think Green- do
not print this email unless necessary
This email and responses may be subject to Texas Open Records Laws. Please respond
accordingly.
-----Original Message -----
From: printeradmins@fortworthgov.org[mailto:printeradmins@fortworthgov.org]
Sent: Wednesday, January 20, 2010 8:14 AM
To: Lacker, Judy
Subject: Scan from a Xerox WorkCentre
Please open the attached document. It was scanned and sent to you using a Xerox WorkCentre.
Attachment File Type: PDF
WorkCentre Location: machine location not set Device Name: XRXOOOOAA7DE6B0
For more information on Xerox products and solutions, please visit http://www.xerox.com
M&C Review
Page 1 of 2
CJfficia( site of the City csf Ft�rt 4"Jr?�tfi, s exas
COUNCIL ACTION: Approved on 7/14/2009 -Res. No. 3762-07-2009
.� � - ,e _ _ _.. _ .�_�� _� _ __ .� . � _ _� � .� . �x _ � � _
DATE: 7/14/2009 REFERENCE G-16626 LOG NAME: 17PID11 NEWBUDFY09
NO..
CODE: G� TYPE: CONSENT HEARING: NO
SUBJECT: Adopt a Resolution Approving Revised Fiscal Year 2008-2009 Budget and Service Plan for
Public Improvement District No. 11 (Stockyards PID), and Authorize Amendment to City
Secretary Contract No. 37728 a Management and Improvement Services Agreement with
Stockyards Preservation Foundation of Fort Worth, Inc., to Increase Management Fee for
Administrative Services Related to the Stockyards PID
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution approving a revised 2008-2009 fiscal year budget and service plan
for Public Improvement District No. 11 (Stockyards PID); and
2. Authorize the City Manager to execute an amendment to the Management and Improvement
Services Agreement between the City and Stockyards Preservation Foundation of Fort Worth, Inc.,
City Secretary Contract No. 37728, for administrative services related to the Stockyards PID
increasing the management fee under such agreement by $5,650.00.
DISCUSSION:
On September 9, 2008, (M&C BH-238) the City Council adopted a Budget and Service Plan for the
Stockyards PID for the 2008-2009 fiscal year.
The City of Fort Worth's (City) Policy and Guidelines for Public Improvement Districts (PIDs) provides
for City staff to administer and oversee all PIDs. The staff conducts amid -year review of the annual
budgets of all PIDs and recommends adjustments as needed so that actual PID expenditures
reasonably correspond with budgeted expenses. If funds are available after collection of final
assessments, these adjustments may allow for additional proposed PID projects that were discussed
in the City Council's public hearing concerning the assessments but that were not included in the
original budget. The proposed revisions to the Stockyards PID budget and service plan for the 2008-
2009 fiscal year, with corresponding explanations, are as follows:
Approved Mid -Year Revised
Line Item Budget Adjustments Budget
Management Fee $6,000.00 $5,650.00 $11,650.00
Insurance $350.00 $0.00 $350.00
Marketing/Website $44,000.00 ($14,000.00} $30,000.00
Public Events $15,000.00 $10,000 .00 $25,000.00
Trash Removal and Sidewalk
Cleanliness $2,000.00 ($2,000.00) $0.00
Contingency $28,886.00 $350.00 $29,236.00
City Administration 2 000.00 $0.00 2 000.00
TOTAL $98,236.00 $98,236.00
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=11871 &councildate=7/14/2009 12/22/2009
M&C Review
Page 2 of 2
Explanation:
1. Management Fee - An increase of $5,650.00 is required to pay for additional bookkeeping
expenses associated with accounting requirements for PID expenditures;
2. Marketing/Website - A decrease of $14,000.00;
3. Public Events - An increase of $10,000.00 for events such as Christmas in the Stockyards,
the Forts Master, St. Patrick's Day and the Fourth of July,
4. Contingency - An increase of $350,00; and
5. Trash Removal and Sidewalk Cleanliness - A decrease of $2,000.00 which is not funded with
PID funds.
Upon adoption of the resolution the revised budget and plan of service will take effect.
Stockyards Preservation Foundation of Fort Worth, Inc., oversees the day-to-day administration of the
Stockyards PID pursuant to a Management and Improvement Services Agreement with the City and
(City Secretary Contract No. 37728). This Agreement will be amended to increase the management fee
under the agreement by $5,650.00 for additional bookkeeping expenses associated with accounting
services for the Stockyards PID funds.
The Stockyards PID is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
Submitted for CitXManager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
PID 11.Revised Budget Res.2009.doc
FROM Fund/Account/Centers
Thomas Higgins (6140)
Jay Chapa (6192)
Sylvia Flores (8550)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=ll 871 &councildate=7/14/2009 12/22/2009