HomeMy WebLinkAboutContract 58423-A1CSC No. 58423-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58423.
A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 6 (Park Glen)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58423 ("First
Amendment") is made and entered into by and between the CITY OF FORT WORTH (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. 6, the same being City Secretary Contract
Number 58423 ("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replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is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 WORTH:
By: William Johnson (JuA 12, 2023 14:49 CDT)
William M. Johnson
Assistant City Manager
Date: J u n 12, 2023
First Amendment to CSC 58423
FIRSTSERVICE RESIDENTIAL
TEXAS PID, LLC
a Texas limited liability company
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By: Kathleen Ward (Jun 8, 2023 15:57 CDT)
Kathleen Ward
President
Date: J u n 8, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX 1 of 3
Approval Recommended:
By:
Robert Stums
Economic Development Director
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By: U
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 Id Ruiz un 12 13 CDT)
Lacey M. Ruiz
Sr. Contract Compliance Specialist
M&Cs: 22-0671 (September 13, 2022); 23-0308 (April 25, 2023)
Form 1295: 2022-919053
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to CSC 58423 2 of 3
Exhibit "A"
City of Fort Worth
Mid -Year Five Year Service Plan FY23 - FY27
Public Improvement District No. 6 -Park Glen
FY22223
FY2T24
FY24125
FY25f2fi
FY26;27
REVENUES
PIDAssessmenm*
3
1,934,022
$
1,992,043
$
2,051,804
$
2113,358
$
7,176,759
COFW Payment in lieu of Services
270,925
199,556
199,55ti
199 sm
199,556
COFW Assess lent
6,71D7
6,897
6,897
6,897
6,897
Tonal Budgeted Revenues
$
2,213,648
$
2,198,496
$
A25"57
$
A31"11
$
2,383.212
Use of Fund Balance
169,512
-
-
-
Total Revenues
S
2,383,160
$
2.198.496
$
2,25V57
$
$319,611
S
2,383,212
EXPENSES
Management Fee
$
136,041
$
138,762
$
141,537
$
144,368
$
147.255
Lltilities
222.000
195,840
199,757
203,752
2137,827
Landscaping
1,174,047
980,I)DO
98D,000
980,0D0
980,00D
Common Area Maintenance
374,000
152,457
319,572
323,000
81,00D
Holiday Decorabon
23,00D
23,DOt1
23,000
23,000
33,000
Security Enhancements
285,40D
291,103
296,930
303
3D9,766
Communications
16,01DD
15,D00
15,000
2D,000
20,00D
Public Events
43,100
45,1300
45,000
52,000
62,80D
CaptalIMprovements
60,162
300,DOt1
1810,937
208,097
482.541
Annual Review
4,6DD
4,6130
4,600
4,6D0
4,60D
City Administrative Fee
42,81D
43,970
45,165
46,396
47,664
Total Budgeted Expenses
S
2,383,160
$
2,189,737
$
Z251,498
$
2,309,052
S
2,376,463
Contribution to Fund Balance
-
-
Total Expense
$
2,383,160
$
2,189,737
$
$251,498
$
Z309,052
S
29376,463
Net Change in Fund Balance
S
(16%6121
$
8,759
$
6,759
$
10,759
S
Fund Balance, Beginning of Year (Estimated Yrs 2 5)
546,865
379,353
388,112
394,871
4D5,E3D
Estima6ed Fund Balanoe, EndofYear
379,353
388,112
394,B71
405,6W
4D5,63D
Reserve Requirement
365,029
374,656
384,919
396,155
396,155
Over (Under) Reserve
S
14,324
$
13,454
$
9,952
$
9,475
$
9,475
*FY2023 Assessment Rate = $.155 Residential? $,035 Comnefeial
First Amendment to CSC 58423 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0308
LOG NAME: 17PID06 MIDYEARFY23
SUBJECT
(CD 4 / Future CD 4) Adopt Ordinance Amending the Fiscal Year 2022-2023 Adopted Budget and Five -Year Service Plan for Public Improvement
District 6 - Park Glen 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 6 —
Park Glen 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 $73,173.00 and increasing appropriations in the Economic Development Department by the
same amount, for the purpose of transfer to the Fort Worth Public Improvement District 6 - Park Glen Fund for funding Payment In -Lieu of
Services and City of Fort Worth Assessments; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District
6 - Park Glen Fund 1) in the amount of $169,512.00, in Fiscal Year 2022-2023, from available, unreserved fund balance; 2) in the amount of
$73,173.00, transferred from Economic Development Departments General Fund, for purpose of funding Payment In -Lieu of Services and
City of Fort Worth Assessments.
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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 6 — Park Glen (Park Glen PID) is managed by FirstService Residential Texas PID, LLC (FirstService).
On September 13, 2022, City Council adopted Ordinance No. 25712-09-2022, approving the fiscal year (FY) 2022-2023 Budget, Five -Year
Service Plan, Assessment Plan, and Tax Year 2022 Assessment Roll for the Park Glen PID. After conducting a mid -year review of the Park
Glen PID's budget, City staff and FirstService has identified the need to increase Park Glen PID's (City of Fort Worth) allocations by $242,685.00
to account for 1) $71,369.00 of additional payment in -lieu of services 2) $1,804.00 of additional City payment in -lieu of assessments and 3)
$169,512.00 use of fund balance. Expenditure adjustments can be primarily attributable to increases in landscaping, maintenance, and utilities for
costs associated with a new contract agreement, irrigation system improvements, and fence repairs.
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 Assessment
is an allocation to the Park Glen PID budget for assessments the City would pay on City -owned properties in the Park Glen 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 $1,934,022.001 $0.00 $1,934,022.00
Assessments
COFW
Payment in lieu $199,556.00 $71,369.00 $270,925.00
of Services
COFW $6,897.00 $1,804.00 $8,701.00
Assessment
Use of Fund $0.00 $169,512.00 $169,512.00
Balance I
(Totals 1 $2,140,475.001 $242,685.00I$2,383,160.00
Expenditure Adjustments:
Line Items to Previously Recommended Amended
be Adjusted Approved FY23 Mid -Year FY23 Budget
Budget Item Adjustment Item
lUtilities $192,000.00 $30,000.00 $222,000.00
Landscaping $939,362.00 $234,685.00 $1,174,047.00
Common
Area $265,000.00 $109,000.00 $374,000.00
Maintenance
Capital $185,162.00
Improvements ($125,000.00) $60,162.00
(Totals $1,581,524.00 $242,685.00 $1,830,209.00
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 $2,383,160.00. This mid -year budget adjustment will decrease the unaudited, unassigned fund balance by a
total of $169,512.00. 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. 58423).
Funding is available for appropriation in the fund balance of the FWPID #6 - Park Glen Fund. The beginning balance is $548,865.00, after this
M&C, available balance will be $379,353.00. Funding is also budgeted in the Other Contractual Services account of the Nondept Other
Contractual Department's General Fund.
The East Lancaster PID is located in COUNCIL DISTRICT 4/FUTURE COUNCIL DISTRICT 4
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 #6 - Park Glen 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 by
Oriainatina Business Unit Head
William Johnson 5806
Robert Sturns 2663
Additional Information Contact: Crystal Hinojosa 7808