HomeMy WebLinkAboutContract 58421-A1CSC No. 58421-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58421.
A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 7 (Heritage)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58421 ("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. 7, the same being City Secretary Contract
Number 58421 ("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replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is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 (Ju 12, 2023 14:50 CDT)
William M. Johnson
Assistant City Manager
Date: J u n 12, 2023
First Amendment to CSC 58421
FIRSTSERVICE RESIDENTIAL
TEXAS PID, LLC
a Texas limited liability company
kath4een Waal
By: Kathleen Ward (Jun 8, 2023 15:56 CDT)
Kathleen Ward
President
Date: J u n 8, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX 1 of3
Approval Recommended:
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Robert Stums
Economic Development Director
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ATTEST:
PPP*oo Qoo*�d
By:
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Jannette Goodall
City Secretary
APPROVED AS TO FORM AND LEGALITY:
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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 IA Ruiz un 12202 13 CDT)
Lacey M. Ruiz
Sr. Contract Compliance Specialist
M&Cs: 22-0672 (September 13, 2022); 23-0309 (April 25, 2023)
Form 1295: 2022-919053
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to CSC 58421 2 of 3
Exhibit "A"
REVENUES
PID Assessmerds
COFW Payment in lieu of Services
COFW Assessment
Total Budgeted Revenues
Use of Fund Balance
Total Funds Avai I able for Use
EXPENSES
Management Fee
Utilities
Landscaping Tree Maintenance
Common Area Maintenance
Holiday Lighting
Security Enhancements
Advertising
Public Events
Capital Improvements
Annual Review
City Administrative Fee
Total Budgeted Expenses
ContributJon to Fund Balance
Total Expenses
Net Change in Fund Balance
Fund Balance, Beginning of Year (Estimated Ynu'-5)
Estimated Fund Balance. End of Year
Reserve Requirement
Over (Under) Reserve
City of Fart Worth
Mid -Year Adjustment Five Year Service Plan FY23-FY27
Public Improvement District No. 7-Herftage
FY22i23 FY23i24
FY24125
FY25t26
FY26t27
$ 1,860,543 $ 1,916.359
$ 1,973.350
$ 2,033,055
$ 2,D94,057
206,392 191,096
191,0%
191,096
191,096
17,313 16,716
16,716
16,716
16,716
$ 2,004,243 $ 21124,971
$ 2,191.562
$ 2,240,877
$ 2,301,869
251,140 -
-
-
$ 2,335,366 $ 2.124.171
$ 2.161.662
$ 2,240,677
$ 2,301,869
$ 145.000
$ 148,000
$ 150,00t1
$
152100D
$
154,001)
237.000
242.000
247.000
252,000
257,0131)
1,000,000
1,096,455
1,090,000
1,10D,000
1,125,DDD
348,076
185,000
170,000
225,000
240,000
69,945
70,000
70,000
70,000
7D,DD0
105.000
105.000
105.000
10 5,000
1105,0130
500
500
500
500
513D
156,000
158,000
160, 000
160,000
16 D-O D D
150,000
55,000
90,000
65,000
120-000
2,5t10
2,500
2,500
2 500
2.500
41,367
42,483
43,633
44,818
46,037
$ 2r335,366
$ 2,106,938
$ 2,1215,533
$
2,196,1518
$
2,280,037
-
17,233
53,029
44,059
21,832
$ 2r335,383
$ 2.124.171
$ 2.1311662
$
2,240,877
$
2,301,869
$ (251,1401
$ 17,233
$ 53N'2
$
44,659
$
21,832
951.336
700.196
717.429
77D,458
814,517
700,196
717,429
770,453
014,517
336,349
351,227
154,843
366,209
380,032
3813,082
$ 348,970
$ 362,566
$ 404,P48
$
434435
$
466,266
IFY2023 Assessment Rate = $.150 ResidentiaU $.110 Commercial
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0309
LOG NAME: 17PID07 MIDYEARFY23
SUBJECT
(CD 4 and CD 7 / Future CD 7 and CD 10) Adopt Ordinance Amending the Fiscal Year 2022-2023 Budget and Five -Year Service Plan for Public
Improvement District 7 — Heritage 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 7 —
Heritage 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 $15,893.00 and increasing appropriations in the Economic Development Department by the
same amount, for the purpose of transfer to the Fort Worth Public Improvement District 7 - Heritage Fund for funding Payment In -Lieu of
Services and City of Fort Worth Payment In -Lieu of Assessments; and
3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Fort Worth Public Improvement District
7 - Heritage Fund increasing appropriations in the amount of $15,893.00, transferred from Economic Development Departments General
Fund, for purpose of funding Payment In -Lieu of Services and City of Fort Worth Payment In -Lieu of Assessments; and decreasing
appropriations in the Fort Worth Public Improvement District 7 - Heritage Fund in the amount of $15,893.00, in Fiscal Year 2022-2023,
in unreserved fund balance.
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 7 — Heritage (Heritage PID) is managed by FirstService Residential Texas PID, LLC (FirstService).
On September 13, 2022, City Council adopted Ordinance No. 25714-09-2022, approving the fiscal year (FY) 2022-2023 Budget, Five -Year
Service Plan, Assessment Plan, and Tax Year 2022 Assessment Roll for the Heritage PID. After conducting a mid -year review of the Heritage
PID's budget, City staff and FirstService have identified the need to increase Heritage PID's budget by $15,893.00 to account for 1) $15,296.00 of
additional payment in -lieu of services, and 2) $597.00 of additional City payment in -lieu of assessments. The additional revenue increase will
result in a reduction to the original use of the fund balance in the amount of $15,893.00.
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 Heritage 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 PID budget for assessments the City would pay on City -owned properties in the Heritage 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
$1,860,543.00
$0.00
$1,860,543.00
Assessments
COFW
Payment in lieu
$191,096.00
$15,296.00
$206,392.00
of Services
COFW
$16,716.00
$597.00
$17,313.00
Assessment
i i i
Use of Fund $267,033.00
Balance ($15,893.00) $251,140.00
Totals $2,335,388.00 $0.00 $2,335,388.00
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 $2,335,388.00. This mid -year budget
adjustment will increase the unaudited, unassigned fund balance by a total of $15,893.00. 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 adjustments
(City Secretary Contract No. 58421).
Funding is budgeted in the Other Contractual Services account of the Nondept Other Contractual Department's General Fund.
The Heritage PID is located in COUNCIL DISTRICTS 4 & 7 / FUTURE COUNCIL DISTRICTS 7 & 10.
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 ordinances, funds
will be available in the current operating budget, as appropriated, in the FWPID #7 - Heritage 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