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HomeMy WebLinkAboutContract 58426-A1CSC No. 58426-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58426, A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 20 (East Lancaster Avenue) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58426 ("First Amendment") is made and entered into by and between the CITY OF FORT WO TH (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. 20, the same being City Secretary Contract Number 58426 ("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 Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2.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 WO TH: By: William Johnson (J4 12, 202314:50 CDT) William M. Johnson Assistant City Manager Date: Jun 12, 2023 First Amendment to CSC 58434 FIRSTSERVICE RESIDENTIAL TEXAS PID, LLC a Texas limited liability company kathc een ways By: Kathleen Ward (Jun 8, 202315:50 CDT) Kathleen Ward President Date: J u n 8, 2023 OFFICIAL RECORD CITY SECRETARY 1of3 FT. WORTH, TX Approval Recommended: iP.e6axt�'tu.Lcm By: Robert Stums Economic Development Director o � any ATTEST: ° �o PpA * 000 00 *d O�a� nEoagpp By. Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY: 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: 22-0679 (September 13, 2022); 23-0313 (April 25, 2023) Form 1295: 2022-919056 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to CSC 58434 2 of 3 Exhibit "A" City of Fort Worth Mid -Year Adjustment Five Year Service Plan FY23-FY27 Public Imrovement District No. 20 - East Lancaster FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 REVENUES PID Assessments $ 291,898 $ 297,736 $ 303,691 $ 309,764 $ 315,960 Total Budgeted Revenues $ 291,898 $ 297,736 $ 303,691 $ 309,764 $ 3155960 Use of Fund Balance 58,740 - - - - Total Funds Available for Use $ 350,638 $ 297,736 $ 303,691 $ 309,764 $ 315,960 EXPENSES Management Fee $ 17,800 $ 17,800 $ 17,800 $ 17,800 $ 17,800 City Administrative Fee 5,838 5,955 6,074 6,194 6,319 Security 312,600 258,000 272,317 278,270 284,341 Community Marketing/Events 8,900 1,500 2,000 2,000 2,000 Audit/Annual Review 2,500 2,500 2,500 2,500 2,500 Communications 3,000 3,000 3,000 3,000 3,000 Total Budgeted Expenses $ 350,638 $ 288,755 $ 303,691 $ 309,764 $ 315,960 Contribution to Fund Balance 8,981 Total Expenses 350,638 297,736 303,691 309,764 315,960 Net Change in Fund Balance $ (58,740) $ 8,981 $ (0) $ 0 $ (0) Fund Balance, Beginning of Year (Estimated Yrs 2-5) 107,351 48,611 57,592 57,592 57,592 Estimated Fund Balance, End of Year 48,611 57,592 57,592 57,592 57,592 Reserve Requirement 48,135 50,625 51,638 52,671 52,671 Over (Under) Reserve $ 475 $ 6,967 $ 5,954 $ 4,922 $ 4,921 *FY2023 Assessment Rate = $.266 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0313 LOG NAME: 17PID20 MIDYEARFY23 SUBJECT (CD 5 and CD 8 / Future CD 8 and CD 11) Adopt Ordinance Amending the Fiscal Year 2022-2023 Adopted Budget and Five -Year Service Plan for Public Improvement District 20 — East Lancaster Avenue and Adopt Appropriation Ordinance 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 20 — East Lancaster Avenue 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 20 — East Lancaster Avenue Fund in the amount of $58,740.00, 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 20 — East Lancaster (East Lancaster PID) is managed by FirstService Residential Texas PID, LLC (FirstService). On September 13, 2022, City Council adopted Ordinance No. 25728-09-2022, approving the (FY) 2022-2023 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2022 Assessment Roll for the East Lancaster PID. After conducting a mid -year review of the East Lancaster PID's budget, City staff and FirstService have identified the need to increase the East Lancaster PID Budget by $58,740.00 to align expenses with actual activities that are attributable primarily to increases in security for increased patrols and community marketing/events to cover costs of annual meetings and events Revenue Adjustments Line Items Previously Approved Recommended Amended to be FY23 Budget Item Mid -Year FY23 Adjusted Adjustment Budget Item PID $291,898.00 $0.00 $291,898.00 Assessments Use of Fund $0.00 $58,740.00 $58,740.00 Balance (Totals $291,898.00 $58,740.00 $350,638.00 Expenditure Adjustments: Line Items to Previously Approved Recommended jAmended be Adjusted FY23 Budget Item Mid -Year FY23 Adjustment Budget Item Security $259,000.00 $53,600.00 $312,600.00 Community Marketing/ $1,500.00 $7,400.00 $8,900.00 Events I Contribution to Fund $2,260.00 ($2,260.00) $0.00 Balance Totals $262,760.00 $58,740.00 $321,500.00 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 $350,638.00. This mid -year budget adjustment will decrease the unaudited, unassigned fund balance by a total of $58,740.00. 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. 58426). Funding is available for appropriation in the fund balance of the FWPID #20 - East Lancaster Ave Fund. The beginning balance is $107,350.00, after this M&C, available balance will be $48,610.00. The East Lancaster PID is located in COUNCIL DISTRICTS 5 & 8/FUTURE COUNCIL DISTRICTS 8 & 11. 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 ordinance, funds will be available in the current operating budget, as appropriated, in the FWPID #20 - East Lancaster Ave 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 bv: William Johnson 5806 Oriainatina Business Unit Head: Robert Sturns 2663 Additional Information Contact: Crystal Hinojosa 7808