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HomeMy WebLinkAboutContract 58434-A1CSC No. 58434-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58434, A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 19 (Historic Camp Bowie) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58434("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 CAMP BO E DISTRICT, INC. a Texas nonprofit corporation, ("Contractor") acting by and through its duly authorized Executive Director. WHEREAS, the City and Contractor are parties to a Management and Improvement Services Agreement for Fort Worth Public Improvement District No. 19, the same being City Secretary Contract Number 58434 ("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 Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2.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 12, 202314:33 CDT) William M. Johnson Assistant City Manager Date: J u n 12, 2023 CAMP BO E DISTRICT, INC., A Texas non-profit corporation Lelia Gria,40 kickapd By: Lydia Guajardo Rickard (Jun 9, 2023 11:45 CDT) Lydia Guajardo Rickard Executive Director Date: `1 u n 9, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 of3 First Amendment to CSC 58434 Approval Recommended: ,Qe6oxt5'tu.�.d By: Robert Sturns Economic Development Director .00 0000 000ATTEST: ° o a nEz0*�i�.cddp/d d 4�4Q.0 By: Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY: uJa�2a� 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, 1 un 12, 20-I" CDT) Lacey M. Ruiz Sr. Contract Compliance Specialist M&Cs: 22-0678 (September 13, 2022); 23-0312 (April 25, 2023) Form 1295: 2023-88665 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to CSC 58434 2 of 3 Exhibit A City of Fort Worth Mid -Year Five Year Service Plan - FY 2023 - FY27 Public Improvement District No. 19 - Historic Camp Bowie REVENUES PID Assessments COFW Payment in lieu of Services Budget Revenues Use of Funds Balance Total Revenues EXPENSES Management Fee Beautification Beautification - Utilities Beautification - Maintenance Litter Abatement Security Economic Development Marketing & Promotion Communication Audit City Administrative Fee City Administrative Audit Total Budget Expenses Contribution to Fund Balance Total Expenses FYE 22/23 FYE 23/24 FYE 24/25 FYE 25/26 FYE 26/27 $ 469,352 $ 488,126 $ 507,651 $ 527,957 $549,075 38,887 38,887 38,887 38,887 38,887 $ 508,239 $ 527,013 $ 546,538 $ 566,844 $ 587,962 70,778 5,522 5,315 5,100 $ 579,017 $ 527,013 $ 552,060 $ 572,159 $ 593,062 $ 95,466 $ 99,684 $ 109,308 $ 113,369 $ 117,592 27,350 21,000 21,000 21,000 21,000 36,668 20,000 20,000 20,000 20,000 135,576 150,813 156,846 163,120 169,645 75,000 78,000 81,120 84,365 87,740 62,758 60,154 62,560 65,062 67,664 34,350 27,338 28,432 29,569 30,752 57,350 23,629 24,574 25,557 26,579 30,000 23,629 24,574 25,557 26,579 12,000 9,360 9,734 10,123 10,528 9,743 10,540 10,931 11,337 11,759 2,756 2,866 2,981 3,100 3,224 $ 579,017 $ 527,013 $ 552,060 $ 572,159 $ 593,062 $ 579,017 $ 527,013 $ 552,060 $ 572,159 $ 593,062 Net Change in Fund Balance $ (70,778) $ - $ (5,522) $ (5,315) $ (5,100) Fund Balance, Beginning of Year (Estimated Yrs 2-5) 236,644 165,866 165,866 160,344 155,029 Estimated Fund Balance, End of Year 165,866 165,866 160,344 155,029 149,929 Reserve Requirement 87,853 92,028 95,379 98,863 98,863 Over (Under) Reserve $ 78,013 $ 73,838 $ 64,965 $ 56,166 $ 51,066 "FY2023 Assessment Rate = $.10 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0312 LOG NAME: 17PID19 MIDYEARFY23 SUBJECT (CD 3 and CD 7 / Future CD 3 and CD 7) Adopt Ordinance Amending the Fiscal Year 2022-2023 Adopted Budget and Five -Year Service Plan for Public Improvement District 19 — Historic Camp Bowie 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 19— Historic Camp Bowie 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 $21,096.00 and increasing appropriations in the Economic Development Department by the same amount, for the purpose of transfer to the Fort Worth Public Improvement District 19 - Historic Camp Bowie Fund for funding Payment In -Lieu of Services; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 19 - Historic Camp Bowie Fund 1) in the amount of $6,607.00, in Fiscal Year 2022-2023, from available, unreserved fund balance; 2) in the amount of $21,096.00, transferred from Economic Development Departments General Fund, for purpose of funding Payment In -Lieu of Services. r]6'%i1Ia19lei kqI 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 19 — Historic Camp Bowie (Historic Camp Bowie PID) is managed by Camp Bowie District Inc., (CBDI). On September 13, 2022, City Council adopted Ordinance No. 25726-09-2022, approving the fiscal year (FY) 2022-2023 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2022 Assessment Roll for the Historic Camp Bowie PID. After conducting a mid -year review of the Historic Camp Bowie PID's budget, City staff and CBDI has identified the need to increase Historic Camp Bowie PID's (City of Fort Worth) allocations by $21,096.00 to account for additional payment in -lieu of services. Expenditure adjustments can be primarily attributable to increases in beautification for increased utitlities and maintenance, security patrols, and marketing and communication salaries. The City's Payment In -Lieu of Services is a supplement to the Historic Camp Bowie 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. Revenue Adjustments: Line Items to Previously be Adjusted Approved FY23 Budget Item PID $469,352.00 Assessments COFW Payment in lieu $17,791.00 of Services Use of Fund $64,171.00 Balance (Totals $551,314.00 Expenditure Adjustments: Line Items to Previously be Adjusted Approved FY23 Budget Item Beautification $25,440.00 Recommended Amended Mid -Year FY23 Budget Adjustment Item $0.00 $469,352.00 $21,096.00 $38,887.00 $6,607.00 $70,778.00 $27,703.00 $579,017.00 Previously Amended Approved FY23 FY23 Budget Item Budget Item $1,910.00 $27,350.00 Beautification - $24,214.00 $12,454.00 $36,668.00 Utilities Beautification - Maintenance $133,975.00 $1,601.00 $135,576.00 Security $57,840.00 $4,918.00 $62,758.00 Economic $47,440.00 Development ($13,090.00) $34,350.00 Marketing & $45,440.00 $11,910.00 $57,350.00 Promotion Communication $25,000.00 $5,000.00 $30,000.00 laudit $9,000.00 $3,000.00 $12,000.00 Totals $368,349.00 $27,703.00 $396,052.00 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 $579,017.00. This mid -year budget adjustment will decrease the unaudited, unassigned fund balance by a total of $6,607.00. The revised Budget and Five -Year Service Plan will take effect upon approval by City Council. The City and CBDI will amend the existing management contract to reflect the mid -year adjustments (City Secretary Contract No. 58434). Funding is available for appropriation in the fund balance of the FWPID#19 - Historic Camp Bowie Fund. The beginning balance is $236,664.36, after this M&C, available balance will be $230,057.36. The Historic Camp Bowie PID is located in COUNCIL DISTRICTS 3 & 7 / FUTURE COUNCIL DISTRICTS 3 & 7. 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 #19 - Hist Camp Bowie 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