HomeMy WebLinkAboutContract 58435-A1CSC No. 58435-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58435.
A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. I (Downtown)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58435 ("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 DO TO FORT WO TH, INC., a nonprofit
corporation ("Contractor") acting behalf and through Andy Taft, its duly authorized President.
WHEREAS, the City and Contractor are parties to a Management and Improvement Services
Agreement for Fort Worth Public Improvement District No. 1, the same being City Secretary Contract
Number 58435 ("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
NO 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replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is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 (Jut 20, 202313:30 CDT)
William M. Johnson
Assistant City Manager
Date: J u n 20, 2023
DO TO FORT WO TH, INC.,
A Texas nonprofit corporation
By: Andy Taft 3, 202312:11 CDT)
Andy Taft
President
Date: J u n 13, 2023
OFFICIAL RECORD
First Amendment to CSC 58435 CITY SECRETARY 1 of 3
FT. WORTH, TX
Approval Recommended:
By:
Robert Sturns
Economic Development Director
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ATTEST: ono o=d
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By: a
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 Iuiz un 14, 202915:11 CDT)
Lacey M. Ruiz
Sr. Contract Compliance Specialist
M&Cs: 22-00670 (September 13, 2022); 23-0307 (April 25, 2023)
Form 1295: 2022-918453
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to CSC 58435 2 of 3
Exhibit "A"
+ �� I City of Fart Worth
1 Mid -Year Five Year Service Plan FY 2 2-2 3 - FY26-27
PuhIic Improvernent district No- 1 - Fort Worth
FIVE YEAR SERVICE PLAN
FY22 23 FY23124 FY2425 FY25f26 FY26f27
REVENUES
Pld Assessments' $ 2,741,8213 $ 2,824,091 $ 2.943.242 $ 31031,539 $ 3.122,495
COFW Assessment 337,059 295,395 295.395 295,395 295,395
COFW Payment in lieu of Services 156,431 165,000 168,300 171,866 175,099
Pld Generated Revenue 150,000 150,000 150,000 150,000 150,000
Total Budgeted Revenues $ 3,385,315 $ 3,434,476 $ 3,556,937 $ 3,648,600 $ 3,742,973
Use of Fund Balance - - - -
Total Revenues $ 3,305,315 $ 3,434:476 $3,556,937 $ 3:648,600 $ 3,742,979
EXPENSES
Management Fee $ 502,750 $ 512,905 $ 528.181) $ 544,035 $ 500,355
Utilities 11,500 12.0110 13.000 14,000 15,000
Landscaping 108,000 110. 000 110.1 00 110,000 110,000
Maintenance S Operations 1.251,951) 1,260,000 1,270,000 1,270,000 1,270,000
Tree Lights 100,000 20,000 30,000 20,000 45,000
Security 10,700 10,700 11, 9d1 12,220 12,220
Ambassador PrW ram 703,000 085,000 C85,000 725,000 725,000
Newsletter 12,500 12,50C 12,500 12,500 12,500
Marketing & Research 417,200 400,000 400,000 400,000 400,000
Transportation $ Planning 200,350 175.350 165,000 168,300 171,865
City Audit 2,500 2,50C 2,50C 2,500 2,500
City Ad min istrative Fee 66,865 68,69C 71,139 72,972 74,860
Total Budgeted Expenses $ 3,385,315 $ 3,269,545 $ 3,299:309 $ 3,351,52T $ 3,399,102
Contribution to Fund Balance $ - $ 164,931 $ 257,620 $ 297,073 $ =,8TT
Total Expense $ 3,305,315 $ 3,434:476 $3,556,937 $ 3.548,600 $ 3,742,9T9
Net Change in Fund Balance $ - $ 164,931 $ 257,628 $ 297,OT3 $ 343,8TT
Fund Balance, Beginning of Year (Estimated Yrs 2-5) 157,245 128,665 293,59t3 551,224 848,297
Estimated Fund Balance, End of Year 1a7,245 293.590 551,224 848,297 1.192,174
Reserve Requirement 545,033 549,995 558,700 506,630 506,630
Over (Under) Reserve $ (387,7615) $ 1256,399j $ {7,4T51 $ 281,66T $ 626,644
' FY2023 draft Assessment Rate = $.13
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0307
LOG NAME: 17PID01 MIDYEARFY23
SUBJECT
(CD 9 / Future CD 9) Adopt Ordinance Amending the Fiscal Year 2022-2023 Budget and Five -Year Service Plan for Public Improvement
District 1 - Downtown 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 1 —
Downtown 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 $42,087.00 and increasing appropriations in the Economic Development Department by the
same amount, for the purpose of transfer to the Fort Worth Public Improvement District 1 - Downtown 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
1 - Downtown Fund in the amount of $42,087.00, transferred from Economic Development Department 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 amount of
$41,247.00, in Fiscal Year 2022-2023, in unreserved fund balance.
1] 1-1401:1.1 lei 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 1 — Downtown (Downtown PID) is managed by Downtown Fort Worth Inc., (DFWI).
On September 13, 2022, City Council adopted Ordinance No. 25710-09-2022, approving the fiscal year (FY) 2022-2023 Budget, Five -Year
Service Plan, Assessment Plan, and Tax Year 2022 Assessment Roll for the Downtown PID. After conducting a mid -year review of the
Downtown PID's budget, City staff and DFWI has identified the need to increase Downtown PID's (City of Fort Worth) allocations by $42,087.00 to
account for 1) $424.00 of additional payment in -lieu of services and 2) $41,663.00 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 $41,247.00. Expenditure adjustments
can be primarily attributable to a reallocation of landscaping and maintenance operations to the ambassador program to account for inflation.
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 payment in -
lieu of Assessment is an allocation to the PID budget for assessments the City would pay on City -owned properties in the Downtown 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 $2,741,826.001 $0.00 $2,741,826.00
Assessments
COFW
Payment in lieu $156,007.00 $424.00 $156,431.00
of Services
COFW $295,395.00 $41,663.00 $337,058.00
Assessment
PID Generated $150,000.00 $0.00 $150,000.00
Revenue
Use of Fund $41,247.00
Balance
Totals $3,384,475.00
Expenditure Adjustments:
($41,247.00) $0.00
$840.00 $3,385,315.00
Line Items
Previously
Recommended
Amended
to be
Approved FY23
Mid -Year
FY23 Budget
Adjusted
Budget Item
Adjustment
Item
(Landscaping
$115,000.00
($9,000.00)
$106,000.00
Maintenance
$1,260,110.00
($8,160.00)
$1,251,950.00
& Operations
Ambassador
$685,000.00
$18,000.00
$703,000.00
Program
(Totals $2,060,110.00 $840.00 $2,060,950.00
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 $3,385,315.00. This mid -year budget
adjustment will increase the unaudited, unassigned fund balance by a total of $41,247.00. The revised Budget and Five -Year Service Plan will take
effect upon approval by City Council. The City and DFWI will amend the existing management contract to reflect the mid -year adjustments (City
Secretary Contract No. 58435).
Funding is budgeted in the Other Contractual Services account of the Nondept Other Contractual Department's General Fund.
The Downtown PID is located in COUNCIL DISTRICT 9 / FUTURE COUNCIL DISTRICT 9.
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 #1 - Downtown 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