Loading...
HomeMy WebLinkAboutContract 58423-A1CSC No. 58423-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58423. A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 6 (Park Glen) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58423 ("First 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 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. 6, the same being City Secretary Contract Number 58423 ("Agreement"); WHEREAS, Contractor identified a need to reallocate certain funds between budgeted line items; WHEREAS, on April 25, 2023, the City Council adopted an ordinance approving a revised Fiscal Year 2022-2023 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 Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2.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 Johnson (JuA 12, 2023 14:49 CDT) William M. Johnson Assistant City Manager Date: J u n 12, 2023 First Amendment to CSC 58423 FIRSTSERVICE RESIDENTIAL TEXAS PID, LLC a Texas limited liability company KAhv wpd By: Kathleen Ward (Jun 8, 2023 15:57 CDT) Kathleen Ward President Date: J u n 8, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 of 3 Approval Recommended: By: Robert Stums Economic Development Director 4d4vunn�� FORr�aad a v�� o'% ATTEST: pro oio *% *�d aa4 0000nE00000 By: U Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY: uJ By: Tyler F. Wallach Assistant City Attorney Contract Compliant 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. Lacey Id Ruiz un 12 13 CDT) Lacey M. Ruiz Sr. Contract Compliance Specialist M&Cs: 22-0671 (September 13, 2022); 23-0308 (April 25, 2023) Form 1295: 2022-919053 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to CSC 58423 2 of 3 Exhibit "A" City of Fort Worth Mid -Year Five Year Service Plan FY23 - FY27 Public Improvement District No. 6 -Park Glen FY22223 FY2T24 FY24125 FY25f2fi FY26;27 REVENUES PIDAssessmenm* 3 1,934,022 $ 1,992,043 $ 2,051,804 $ 2113,358 $ 7,176,759 COFW Payment in lieu of Services 270,925 199,556 199,55ti 199 sm 199,556 COFW Assess lent 6,71D7 6,897 6,897 6,897 6,897 Tonal Budgeted Revenues $ 2,213,648 $ 2,198,496 $ A25"57 $ A31"11 $ 2,383.212 Use of Fund Balance 169,512 - - - Total Revenues S 2,383,160 $ 2.198.496 $ 2,25V57 $ $319,611 S 2,383,212 EXPENSES Management Fee $ 136,041 $ 138,762 $ 141,537 $ 144,368 $ 147.255 Lltilities 222.000 195,840 199,757 203,752 2137,827 Landscaping 1,174,047 980,I)DO 98D,000 980,0D0 980,00D Common Area Maintenance 374,000 152,457 319,572 323,000 81,00D Holiday Decorabon 23,00D 23,DOt1 23,000 23,000 33,000 Security Enhancements 285,40D 291,103 296,930 303 3D9,766 Communications 16,01DD 15,D00 15,000 2D,000 20,00D Public Events 43,100 45,1300 45,000 52,000 62,80D CaptalIMprovements 60,162 300,DOt1 1810,937 208,097 482.541 Annual Review 4,6DD 4,6130 4,600 4,6D0 4,60D City Administrative Fee 42,81D 43,970 45,165 46,396 47,664 Total Budgeted Expenses S 2,383,160 $ 2,189,737 $ Z251,498 $ 2,309,052 S 2,376,463 Contribution to Fund Balance - - Total Expense $ 2,383,160 $ 2,189,737 $ $251,498 $ Z309,052 S 29376,463 Net Change in Fund Balance S (16%6121 $ 8,759 $ 6,759 $ 10,759 S Fund Balance, Beginning of Year (Estimated Yrs 2 5) 546,865 379,353 388,112 394,871 4D5,E3D Estima6ed Fund Balanoe, EndofYear 379,353 388,112 394,B71 405,6W 4D5,63D Reserve Requirement 365,029 374,656 384,919 396,155 396,155 Over (Under) Reserve S 14,324 $ 13,454 $ 9,952 $ 9,475 $ 9,475 *FY2023 Assessment Rate = $.155 Residential? $,035 Comnefeial First Amendment to CSC 58423 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0308 LOG NAME: 17PID06 MIDYEARFY23 SUBJECT (CD 4 / Future CD 4) Adopt Ordinance Amending the Fiscal Year 2022-2023 Adopted Budget and Five -Year Service Plan for Public Improvement District 6 - Park Glen and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance amending the Fiscal Year 2022-2023 Budget and Five -Year Service Plan for Public Improvement District 6 — Park Glen 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; 2. Adopt the attached appropriation ordinance adjusting appropriations in the General Fund by decreasing appropriations in the Non - Departmental Department in the amount of $73,173.00 and increasing appropriations in the Economic Development Department by the same amount, for the purpose of transfer to the Fort Worth Public Improvement District 6 - Park Glen Fund for funding Payment In -Lieu of Services and City of Fort Worth Assessments; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 6 - Park Glen Fund 1) in the amount of $169,512.00, in Fiscal Year 2022-2023, from available, unreserved fund balance; 2) in the amount of $73,173.00, transferred from Economic Development Departments General Fund, for purpose of funding Payment In -Lieu of Services and City of Fort Worth Assessments. 1] 6'%i11:1.1lei kqF 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 6 — Park Glen (Park Glen PID) is managed by FirstService Residential Texas PID, LLC (FirstService). On September 13, 2022, City Council adopted Ordinance No. 25712-09-2022, approving the fiscal year (FY) 2022-2023 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2022 Assessment Roll for the Park Glen PID. After conducting a mid -year review of the Park Glen PID's budget, City staff and FirstService has identified the need to increase Park Glen PID's (City of Fort Worth) allocations by $242,685.00 to account for 1) $71,369.00 of additional payment in -lieu of services 2) $1,804.00 of additional City payment in -lieu of assessments and 3) $169,512.00 use of fund balance. Expenditure adjustments can be primarily attributable to increases in landscaping, maintenance, and utilities for costs associated with a new contract agreement, irrigation system improvements, and fence repairs. Two line items listed on the Five -Year Service Plan require a transfer of City funds: (1) the City Payment In -Lieu of Services and (2) the City of Fort Worth Assessment. The City's Payment In -Lieu of Services is a supplement to the PID budget and intended to provide for the standard level of improvements and services as comparable to what would be provided by the City for the taxpayers generally. The City of Fort Worth Assessment is an allocation to the Park Glen PID budget for assessments the City would pay on City -owned properties in the Park Glen PID, if the City was not a tax-exempt entity. Revenue Adjustments: Line Items to Previously Recommended Amended be Adjusted Approved FY23 Mid -Year FY23 Budget Budget Item Adjustment Item PID $1,934,022.001 $0.00 $1,934,022.00 Assessments COFW Payment in lieu $199,556.00 $71,369.00 $270,925.00 of Services COFW $6,897.00 $1,804.00 $8,701.00 Assessment Use of Fund $0.00 $169,512.00 $169,512.00 Balance I (Totals 1 $2,140,475.001 $242,685.00I$2,383,160.00 Expenditure Adjustments: Line Items to Previously Recommended Amended be Adjusted Approved FY23 Mid -Year FY23 Budget Budget Item Adjustment Item lUtilities $192,000.00 $30,000.00 $222,000.00 Landscaping $939,362.00 $234,685.00 $1,174,047.00 Common Area $265,000.00 $109,000.00 $374,000.00 Maintenance Capital $185,162.00 Improvements ($125,000.00) $60,162.00 (Totals $1,581,524.00 $242,685.00 $1,830,209.00 All other previously approved line items not mentioned above remain the same. Upon approval of the above recommendations, the total budgeted expenses for FY 2022-2023 will be $2,383,160.00. This mid -year budget adjustment will decrease the unaudited, unassigned fund balance by a total of $169,512.00. The revised Budget and Five -Year Service Plan will take effect upon approval by City Council. The City and FirstService will update the existing contract to reflect the mid -year adjustment (City Secretary Contract No. 58423). Funding is available for appropriation in the fund balance of the FWPID #6 - Park Glen Fund. The beginning balance is $548,865.00, after this M&C, available balance will be $379,353.00. Funding is also budgeted in the Other Contractual Services account of the Nondept Other Contractual Department's General Fund. The East Lancaster PID is located in COUNCIL DISTRICT 4/FUTURE COUNCIL DISTRICT 4 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 recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the FWPID #6 - Park Glen Fund. Prior to any expenditure being incurred, the Economic Development Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office by Oriainatina Business Unit Head William Johnson 5806 Robert Sturns 2663 Additional Information Contact: Crystal Hinojosa 7808