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HomeMy WebLinkAboutContract 58425-A1CSC No. 58425-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58425. A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 15 (Sun Vallev) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58425 ("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 ORASI DEVELOPMENT, LLC, a Texas limited liability company ("Contractor") acting by and through Jack Thompson, 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. 15, the same being City Secretary Contract Number 58425 ("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 Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2.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 (Ju 12, 202314:48 CDT) William M. Johnson Assistant City Manager Date: Jun 12, 2023 ORASI DEVELOPMENT, LLC By: Jack Thompson Member Date: Jun 8, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to CSC 58425 1 of 3 Approval Recommended: By: Robert Sturns Economic Development Director pp4vvop� Fa00000e, o aad o 0�9 ATTEST: pis oo sd pC� do o.o. o o as By: Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY: uJar� 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 Id Ruiz un 12 14 CDT) Lacey M. Ruiz Sr. Contract Compliance Specialist M&Cs: 22-0676 (September 13, 2022); 23-0310 (April 25, 2023) Form 1295: 2022-919250 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to CSC 58425 2 of 3 Exhibit "A" City of Fort Worth Mid -Year Five Year Service Plan Public Improvement District No. 15 - Sun Valley Fiscal Year 22/23 - 26/27 FY22/23 FY23/24 REVENUES PID Assessments $ 141,410 $ 147,066 Budgeted Revenues $ 141,410 $ 147,066 Use of Fund Balance 33,476 - Total Revenues $ 174,886 $ 147,066 EXPENSES Management Fee Security Enhancements Equipment Rental Vehicle Maintenance Surveillance Cameras W ebsite/software Printing City Administrative Fee City Audit Total Budgeted Expenses Contribution to Fund Balance Total Expenses Net Change in Fund Balance Fund Balance, Beginning of Year (Estimated Yrs 2-5) Estimated Fund Balance, End of Year Reserve Requirement Over (Under) Reserve *FY2023 Assessment Rate = $.24 $28, 282 108,080 5,196 3,000 24,000 500 500 2,828 2,500 $ 174,886 $ 174,886 $ (33,476) 85,521 52,045 24,438 $ 27,607 $ 29,413 84,446 4,800 3,000 18,500 500 500 2,941 2,500 $ 146,600 466 $ 147,066 $ 466 52,045 52,511 23,899 $ 28,612 FY24/25 FY25/26 FY26/27 $ 152,949 $ 159,067 $ 160,798 $ 152,949 $ 159,067 $ 160,798 $ 152,949 $ 159,067 $ 160,798 $ 30,590 $ 31,813 $ 32,160 85,864 89,110 75,116 4,800 4,800 4,800 3,000 3,000 3,000 12,500 12,500 12,500 500 500 500 550 550 550 3,059 3,181 3,216 2,500 2,500 2,500 $ 143,363 $ 147,954 $ 134,342 9,586 11,113 26,456 $ 152,949 $ 159,067 $ 160,798 $ 9,586 $ 11,113 $ 26,456 52,511 62,097 - 62,097 73,210 26,456 24,664 24,664 22,395 $ 37,433 $ 48,546 $ 4,061 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0310 LOG NAME: 17PID15 MIDYEARFY23 SUBJECT (CD 5 / Future CD 11) Adopt Ordinance Amending the Fiscal Year 2022-2023 Budget and Five -Year Service Plan for Public Improvement District 15 - Sun Valley 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 15 — Sun Valley 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 15 — Sun Valley Fund in the amount of $21,116.00, 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 15 — Sun Valley (Sun Valley PID) is managed by Orasi Development, LLC (Orasi). On September 13, 2022, City Council adopted Ordinance No. 25722-09-2022, approving the Fiscal Year (FY) 2022-2023 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2022 Assessment Roll for the Sun Valley PID. After conducting a mid -year review of the Sun Valley PID's budget, City staff and Orasi have identified the need to increase the Sun Valley PID Budget by $21,116.00 to align expenses with actual activities that are attributable primarily to increases in security for hourly rate adjustments and sales tax charges for equipment. Revenue Adjustments: Line Items previously Approved Recommended Amended to be FY23 Budget Item Mid -Year FY23 Adjusted Adjustment Budget Item (PID $141,410.00 $0.00 $141,410.00 Assessments Use of Fund $12,360.00 $21,116.00 $33,476.00 Balance (Totals $153,770.00 $21,116.00 $174,886.00 Expenditure Adjustments: F Items to Previously Approved Recommended (Amended djusted FY23 Budget Item Mid -Year FY23 Adjustment Budget Item Security $87,360.00 $20,720.00 $108,080.00 Enhancements Equipment $4,800.00 $396.00 $5,196.00 Rental (Totals $92,160.00 $21,116.00 $113,276.00 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 $174,886.00. This mid -year budget adjustment will decrease the unaudited, unassigned fund balance by a total of $21,116.00. The revised Budget and Five -Year Service Plan will take effect upon approval by City Council. The City and Orasi will update the existing contract to reflect the mid -year adjustment (City Secretary Contract No. 58425). Funding is available for appropriation in the fund balance of the FWPID #15 - Sun Valley Fund. The beginning balance is $85,520.99 after this M&C, available balance will be $64,404.99. The Sun Valley PID is located inCOUNCIL DISTRICT 5/FUTURE COUNCIL DISTRICT 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 #15 - Sun Valley 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 2663