Loading...
HomeMy WebLinkAboutContract 60312-A1First Amendment to CSC 60312 1 of 3 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 60312, A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 12 (Chapel Hill) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60312 ( ) is made and entered into by and between the CITY OF FORT WORTH (the ), 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 () 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 60312 WHEREAS, Contractor identified a need to reallocate certain funds between budgeted line items; WHEREAS, on April 23, 2024, the City Council adopted an ordinance approving a revised Fiscal Year 2023-2024 budget and five-year service plan, taking into account the budgetary adjustments; WHEREAS, the parties wish to amend the Agreement to incorporate the revised budget and five- year service plan; 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as follows: 1.Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2.All terms of this First Amendment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 will 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: By: ___________________________________ William M. Johnson Assistant City Manager Date: _________________________________ FIRSTSERVICE RESIDENTIAL TEXAS PID, LLC a Texas limited liability company By: ____________________________________ Kathleen Ward President Date: ___________________________________ First Amendment to CSC 60312 2 of 3 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: APPROVAL RECOMMENDED: By:___________________________ Name: Robert Sturns Title: Economic Development Director APPROVED AS TO FORM AND LEGALITY: By:___________________________ Name: Nico Arias Title: Assistant City Attorney Contract Authorization: M&C: 23-0718 (September 12, 2023); 24-0327 (April 23, 2024) Form 1295: 2023-1041843 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ___________________________ Name: Lacey M. Ruiz Title: Senior Contract Compliance Specialist City Secretary: By:___________________________ Name: Jannette S. Goodall Title: City Secretary First Amendment to CSC 60312 3 of 3 Exhibit M&C Review CITY COUNCIL AGENDA Create New From This M&C Page 1 of 2 Official site of the Ciry of Fort Worth, Texas F��T��o�ri� -��- DATE: 4/23/2024 REFERENCE NO.: **M&C 24-0327 LOG NAME: CODE: G TYPE: CONSENT PUBLIC HEARING: 17PID12 MIDYEAR FY24 NO SUBJECT: (CD 7) Adopt Ordinance Amending the Fiscal Year 2023-2024 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 2023-2024 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 $1,092.00, transferred from Economic Development Departments General Fund, for purpose of funding City of Fort Worth Payment In-Lieu of Assessments. 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 12, 2023, City Council adopted Ordinance No. 26431-09-2023, approving the Fiscal Year (FY) 2023-2024 Budget, Five-Year Service Plan, Assessment Plan, and Tax Year 2023 Assessment Roll for the Chapel Hill PID. After conducting a mid-year review of the Chapel Hill PID's budget, City staff and FirstService Residential Texas PID, LLC, have identified the need to increase Chapel Hill PID's budget to account for $1,092.00 of additional City payment in-lieu of assessments. The City of Fort Worth Assessment is an allocation to the PID budget for assessments the City would pay on City-owned properties in the Chapel Hill PID, if the City was not a tax-exempt entity. Revenue adjustments: ine Items to e Adjusted ID ssessments OFW ssessment Previously Approved FY24 Budqet Item $373,983.0 $0.0 Recommended Mid-Year Adiustment $0. $1,092 Amended FY24 Budget Item $373,983.00 $1,092.00 http://apps.cfwnet.org/council�acket/mc review.asp?ID=32034&councildate=4/23/2024 5/21/2024 M&C Review ITotals II $373,983.00 $1,092.00II $375,075.00I Expenditure adjustments: Line Items to Previously Recommended Amended be Adjusted Approved FY24 Mid-Year FY24 Budget Budget Item Adjustment Item Contribution to $105,191.00 $1,092.00 $106,283.00 Fund Balance Totals $105,191.00 $1,092.00 $106,283.00 Page 2 of 2 All other previously approved line items not mentioned above remain the same. Upon approval of the above recommendations, the total budgeted expenses for FY 2023-2024 will be $375,075.00. This mid-year budget adjustment will increase the unaudited, unassigned fund balance by a total of $1,092.00. 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.60312 ). Funding is budgeted in the Interfund Transfer Out account within the Community PID Admin Department within the General Fund for transferring to the FWPID #12 - Chapel Hill Fund. The Chapel Hill PID is located in COUNCIL DISTRICT 7. 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. Fund Department ID 0M Fund Department ID Account Project ID Account Project ID Program � Activity Budget Reference # Year IChartfield 2 Amount Submitted for City Manaqer's Office by: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Program � Activity Budget Reference # Year (Chartfield 7 William Johnson (5806) Robert Sturns (2663) Lacey Ruiz (2608) 17PID12 MIDYEAR FY24.docx (CFW Internal) 17PID12 MIDYEAR FY24.XLSX (CFW Internal) ORD. PID12 FY24 FIVE YEAR SERVICEPLAN MIDYEAR AMEND.docx (Public) ORD.APP 17PID12 MIDYEAR FY24 AO(r2).docx (Public) PID 12 MID YR FY 2024 Budget CFW vFINAL.pdf (Public) PID 12 P5 YTD analysis Feb 24(prolected midyear fb).xlsx (CFW Internal) Amount http://apps.cfwnet.org/council�acket/mc review.asp?ID=32034&councildate=4/23/2024 5/21/2024