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HomeMy WebLinkAboutContract 56513-A1 CSC No. 56513-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.56513, A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 14(Trinity Bluff) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56513("First Amendment")is made and entered into by and between the CITY OF FORT WORTH("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 DOWNTOWN FORT WORTH INC., a Texas nonprofit corporation, ("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. 14, the same being City Secretary Contract Number 56513 ("Agreement"); WHEREAS, Contractor identified a mid-year adjustment to reflect changes to the current budget and 5-year service plan,including an increase to the management fee; WHEREAS, on April 12, 2022, the City Council adopted an ordinance revising the Fiscal Year 2021-2022 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 Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2.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: DOWNTOWN FORT WORTH, INC., a Texas nonprofit corporation: Andrew M. 2:4± By:Reginald Zeno(May 13,2022 14:40 CDT) By:Andrew M.Taft(May 10,202 17:24 CDT) By Reginald Zeno ./Andy Taft Interim Assistant City Manager President Date: May 13, 2022 Date: May 10, 2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX First Amendment to CSC 56494 1 of 3 ATTEST: FO l° -- 4 '� a .00 By:l ette S.Goodall (May 14,2022 08 CDT) �v0 ° ° °°00000g° Jannette Goodall ° d City Secretary ��a° r o ,GY ��nEXA oq.p APPROVED AS TO FORM AND LEGALITY: By:OO Tyler F. Wallach Senior 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. Crystal Hinojosa Sr.Contract Compliance Specialist M&Cs: 21-0705 (September 21,2021);22-0250(April 12,2022) Form 1295: 2021-792969 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX First Amendment to CSC 56494 2 of 3 Exhibit "A" City of Fort Worth FORT WORTH Five Year Service Plan FY 2021-22-FY 2025-26 ' Public Improvement district No.14-Fort Worth (MID-YEAR)FIVE YEAR SERVICE PLAN FY21122 FY22123 FY23124 FY24125 FY25126 REVENUES _ Pla Assessments $81,050 $82,671 $94,264 $96,287 $98,213 Budget Revenues $81,()50 $82,671 $94,264 $96,287 $98,213 Use of Fund Balance $12,200 $0 $0 $0 $0 Total Revenues $93,250 $82,671 $94,264 $%,287 $98,213 EXPENSES Management Fee 12,000 12,000 12,000 12,000 12,000 Tree Lights/Utilities 1,550 750 750 750 800 Landscaping 31,000 31,518 32,000 32,000 33,500 Litter Abatement 3,600 3,672 3,745 3,820 3,897 Maintenance 15,600 2,500 2,500 2,500 2,500 Ambassador Program 24,000 25,000 37,000 39,500 40,000 Marketing 1,000 1,000 1,000 1,000 1,000 City Audit 2,500 2,500 2,500 2,500 2,500 City Administrative Fee 2,000 2,000 2,000 2,000 2,000 Budget Expenses 93,250 80,940 93,495 96,070 98,197 Contribution to Fund Balance - $1.731 $769 5217 516 Total Expenses $93,250 $82,671 $94,264 $96,287 $98,213 Net Change in Fund Balance {12,200} 1,731 769 A7 16 Fund Balance,Beginning of Year(Estimated Yrs 2-5) 25,752 13,552 15,283 16.052 16.268 Estimated Fund Balance,End of Year 13,552 15,283 16,052 16,268 16.286 Reserve Requirement 13,493 15,586 16,015 16,369 16.369 Over(Under)Reserve 59 (303) 37 (101) (85) :FY2022 Assessment Rate=$.lo First Amendment to CSC 56494 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0250 LOG NAME: 17PID14 MIDYEARFY22 SUBJECT (CD 9)Adopt Attached Ordinance Amending the Fiscal Year 2021-2022 Adopted Budget and Five-Year Service Plan for Fort Worth Public Improvement District 14—Trinity Bluff and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance amending the Fiscal Year 2021-2022 Budget and Five-Year Service Plan for Public Improvement District 14— Trinity Bluff to reflect amendments associated with a mid-year review; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 14—Trinity Bluff Fund in the amount of$4,300.00, 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 14—Trinity Bluff(or the Trinity Bluff PID)is managed by Downtown Fort Worth Inc., (DFWI). On September 21, 2021, City Council adopted Ordinance No. 25085-09-2021, approving the fiscal year(FY)2021-2022 Budget, Five-Year Service Plan, Assessment Plan, and Tax Year 2021 Assessment Roll for the Downtown PID. After conducting a mid-year review of the Heritage PID's budget, City staff and FirstService have identified the need to increase the Trinity Bluff PID Budget by$4,300.00 to align expenses with actual activities that are attributable primarily to increases in pedestrian pole painting and an increase to tree lighting. Revenue adjustments: Line Items Previously Recommended Amended to be Approved FY22 Mid-Year FY22 Budget Adjusted Budget Item Adjustment Item PID $81,050.00 $0.00 $81,050.00 Assessments Use of Fund $7,900.00 $4,300.00 $12,200.00 Balance Totals $88,950.00 $4,300.001 $93,250.00 Expenditure adjustments: Line Items Previously Recommended Amended to be Approved FY22 Mid-Year FY22 Budget Adjusted Budget Item Adjutsment Item Tree Lights/ $1,250.00 $300.00 $1,550.00 Utilities Maintenance 11 $11,600.001 $4,000.00 $15,600.00 Totals $12,850.00 $4,300.00 1 $17,150.00 All other previously approved line items not mentioned above remain the same. Upon approval of the above recommendations,the total budgeted expenses for FY 2021-2022 will be$93,250.00. This mid-year budget adjustment will decrease the unaudited, unassigned fund balance by a total of$4,300.00. 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 adjustment(City Secretary Contract No. 56513). Funding is available for appropriation in the fund balance of the FWPID#14-Trinity Bluff Fund. The beginning balance is$25,752.74, after this M&C, available balance will be$13,552.74. The Trinity Bluff PID is located in 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 above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the FWPID#14—Trinity Bluff Fund. Prior to any expenditure being incurred, the Economic Development Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Reginald Zeno 8517 Originating Business Unit Head: Robert Sturns 2663 Additional Information Contact: Crystal Hinojosa 7808