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Home My WebLink AboutContract 56494-A1 CSC No. 56494-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56494, A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 12(Chapel Hill) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56494("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 56494 ("Agreement"); WHEREAS,Contractor identified the need to revise the budget; WHEREAS, on April 12, 2022, the City Council adopted an ordinance revising the Fiscal Year 2021-2022 budget and five-year service plan; 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 Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2. 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 WORTH: FIRST SERVICE RESIDENTIAL TEXAS PID,LLC a Texas limited liability company !L Xa&, G!/l4eZ By:Reginald Zeno(May 10,2022 14:12 CDT) By:Kathleen Ward(May 9,2022 17:46 CDT) Reginald Zeno .l Kathleed Ward Interim Assistant City Manager President Date: May 10, 2022 Date: May 9, 2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX First Amendment to CSC 54794 1 of 3 a oo�°FOR o 4 a Pf 0 ATTEST: o o0;6 o 00 ° uw� y � r1�CG ° Jan Ma 11 202207:35CDT * ° o° �d By: ( Y ) o ° d Jannette Goodall ��4 °°°°°°°°° p City Secretary �nEXAsoAp APPROVED AS TO FORM AND LEGALITY: By:OO 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: 21-0704(September 21, 2021); 22-0249 (April 12,2022) Form 1295: 2021-790551 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX First Amendment to CSC 54794 2 of 3 Exhibit "A" City of Fort Worth Five Year Sorvlee Plari�FY22 MId,Year Revision Public Improvement Dist iet Ho.12 , Chapel HIII FY21172 FY22123 FnN24 FY2412-5 FY25f26 REVENUES PID Assessments S 92.877 5 93,8m S 94,744 S H.691 S 96 648 To"I Budgeted Revenues $ 92,877 $ 93,806 $ 94,744 $ 95,691 $ 96,648 Use of Fund Balance 58,360 - - - - ToraI Funds Available for Use $ 151,237 $ 93,80E $ 94,744 $ 95,691 $ 96,64E EXPENSES Managemenl Fee S 15.424 S 13,652 S 13.885 S 14,123 $ 14,:365 Utilities 11.000 SON 13.000 14,000 14,000 Landscaping 50.370 36A00 36.000 35,668 36.383 Common Area Maintenance 9,400 10,504 10.000 10,000 10,000 Communications 1.793 1.400 1.d00 1.400 1.400 Capital I rnprovements R.750 15.759 15.959 16.000 16.000 Aud16+Annual Review 2.500 2.509 2.500 2.500 2.500 City Adnurnirtrati%*Fee 2.000 2.009 2.000 2,000 2.WO Total Budgeted Expenses $ 151,237 $ 93,805 S 94,744 S 95,691 $ 96,648 CwtFiNtioe t0 Fund Balance - - To1sI Expvms 151,237 93,06 94,744 95,691 96,648 Net Change in Fund Balance $ 58,36 $ $ $ $ Fund Eialance,Beginning of Year(EaGmate Yrs 2-6) 1 74.2641 15.904 15 904 16,904 15.90d Estimated Fund Balance, End of Year 15.904 15.904 15 904 16,904 15.904 Reserve Requiremenl 15.637 15.794 15,952 16,111 16 111 OVer jUnder)Reserve $ 267 $ 110 $ (48� $ 1207) $ (207� `FY2027 Assessment Rate -S.18 First Amendment to CSC 54794 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0249 LOG NAME: 17PID12 MIDYEARFY22 SUBJECT (CD 7)Adopt Attached Ordinance Amending the Fiscal Year 2021-2022 Adopted 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 ordinance amending the Fiscal Year 2021-2022 Budget and Five-Year Service Plan for Public Improvement District 12— Chapel Hill to reflect amendments associated with a mid-year review and direct the City Secretary to record the same in the real property records of Tarrant County,Texas no later than the seventh(7th)day after adoption by the City Council; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 12—Chapel Hill Fund in the amount of$58,360.00, from available, unreserved fund balance, for the purpose of funding mid-year budget adjustments. DISCUSSION: The City of Fort Worth's Department of Economic Development administers the City's Public Improvement Districts(PIDs). The City's PID Policy outlines the need to proactively work with the City's PID management companies to oversee the services being provided within each of the PIDs. PID 12—Chapel Hill(or the Chapel Hill PID)is managed by FirstService Residential Texas PID, LLC(FirstService). On September 21, 2021, City Council adopted Ordinance No. 25083-09-2021, approving the fiscal year(FY)2021-2022 Budget, Five-Year Service Plan, Assessment Plan, and Tax Year 2021 Assessment Roll for the Chapel Hill PID. After conducting a mid-year review of the Chapel Hill PID's budget, City staff and FirstService has identified the need to increase the Chapel Hill PID Budget by$58,360.00 to align expenses with actual activities that are attributable primarily to increases in landscaping enhancements, additional mailing, and installation of solar lights. Revenue adjustments: Line Items Previously Recommended Amended to be Approved FY22 Mid-Year FY22 Budget Adjusted Budget Item Adjustment Item PID $92,877.00 $0.00 $92,877.00 Assessments Use of Fund $0.00 $58,360.00 $58,360.00 Balance Totals $92,877.00 1 $58,360.0011 $151,237.00 Expenditure adjustments: Line Items to Previously Recommended Amended be Adjusted Approved FY22 Mid-Year FY22 Budget Item (Adjustment j Budget Item Landscaping $35,370.00 $15,000.00 $50,370.00 Common Area $11,400.00 ($2,000.00) $9,400.00 Maintenance Communications $1,433.001 $360.00 $1,793.00 Capital $15,750.00 $45,000.00 $60,750.00 Improvements Totals $63,953.00 $58,360.00 $122,313.00 All other previously approved line items not mentioned above remain the same. Upon approval of the above recommendations,the total budgeted expenses for FY 2021-2022 will be$151,237.00. This mid-year budget adjustment will decrease the unaudited, unassigned fund balance by a total of$58,360.00. 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. 56494). Funding is available for appropriation in the fund balance of the FWPID#6-Chapel Hill Fund. The beginning balance is$74,263.58, after this M&C, available balance will be$15,903.58. 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: Reginald Zeno 8517 Originating Business Unit Head: Robert Sturns 2663 Additional Information Contact: Crystal Hinojosa 7808