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HomeMy WebLinkAboutContract 58424-A1CSC No. 58424-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58424, A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 11(Stockvards) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58424 ("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 STOCKYARDS PRESERVATION FOUNDATION OF 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. 11, the same being City Secretary Contract Number 58424 ("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 Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2.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 (Jufi 3W, 2023 11:34 CDT) William M. Johnson Assistant City Manager Date: J u n 30, 2023 First Amendment to CSC 58424 STOCKYARDS PRESERVATION FOUNDATION OF FORT WO TH, INC., By: Steve Murrin Jr. (Jun 21, 20�24 CDT) Steve Murrin, Jr. President Date: J u n 21, 2023 OFFICIAL RECORD CITY SECRETARY 1 of 3 FT. WORTH, TX Approval Recommended: By: Robert Sturns Economic Development Director Q�44URgn p4F Fogt a ATTEST: tt OV8 o=d J da a4bnE7[ p?p4'" By. Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY: uJdP� 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 2 :45 CDT) Lacey M. Ruiz Sr. Contract Compliance Specialist M&Cs: 22-0673 (September 13, 2022); 23- (April 25, 2023) Form 1295: 2022-919773 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2 of 3 First Amendment to CSC 58424 Exhibit "A" City of Fort Worth Mid YearAdjustrnern Five Year Service Plan FY22-23 - FY26-27 Public Improvement District No. 11 - Stockyards FY 22123 FY23@4 FY2dR5 FY25C16 FY2W727 REVENUES PID Assessrnmts $ 345,390 $ 359,215 $ 373,584 $ 3%.527 S 404.388 COF4'i Assessn►1ft 8,293 Total Budgeted Revenues $ 353,692 $ 359-15 $ 373584 $ 388,527 $ 404.DG8 Use of Fund Balance 05,019 - Total Funds Available for Use $ 419,511 $ 350,215 $ 373,584 $ 388,527 $ 40410W EXPENSES Managernent Fee $ 18,458 S 18458 S 18,458 i 18.458 $ 'SAGO Lk*rAbaterrrem&Maintenance 80,000 70,000 70,000 80,000 85.5C0 Security 139.000 57,000 70.000 80.000 95.5C0 Public Events 48.490 49.073 49.000 70.000 74.850 Capital Improvernenls- Signs on Exchange & Rodeo PWza 41),000 100,000 109,000 70.O00 70.000 Website & Other Marketi ng 45,000 55,000 55,000 55.000 55.000 Professional Sefvices 59.000 City Audit Fee 2 500 2 500 2 500 2.500 2.500 City Administrative Fee 7,Ot33 7,184 7,472 7. T71 8,081 Total Budgeted Expenses $ 419.511 $ 359�215 $ 372" $ 383,729 $ 4031M Contribution to Fund Balance - - 1,154 4.79B 179 Total Expenses $ 419,511 $ 359,215 $ 373,594 $ 388,527 $ 40410W Net Change in Fund Balance $ (wig) $ $ 1,154 $ 4 m $ 179 =und Balance. Beginning of Year {Esbnrwkxt Yrs 2Z} 171,705 105,d80 105,8m 107.040 111,838 stimated Fund Balance, End of Year 105,980 105,995 107,040 111. d38 112,017 Reserve Requirement 59,981 02 084 03,98E 87.32E 67,328 Over �Underj Reserve $ 46, 5 $ 43,602 $ 43,072 $ 44,510 $ 44,60 IFY2023 Assessment Rate = $-12 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/23/23 M&C FILE NUMBER: M&C 23-0415 LOG NAME: 17PID11 MIDYEARFY23 SUBJECT (CD 2 / Future CD 2) Adopt Ordinance Amending the Fiscal Year 2022-2023 Budget and Five -Year Service Plan for Public Improvement District 11 - Stockyards 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 11 — Stockyards 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 $550.00 and increasing appropriations in the Economic Development Department by the same amount, for the purpose of transfer to the Fort Worth Public Improvement District 11 - Stockyards Fund for funding City of Fort Worth Payment In -Lieu of Assessments; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 11 - Stockyards Fund 1) in the amount of $550.00, transferred from Economic Development Departments General Fund, for purpose of funding City of Fort Worth Payment In -Lieu of Assessments; 2) in the amount of $49,450.00, in Fiscal Year 2022-2023, from available, unreserved fund balance. 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 11 — Stockyards (Stockyards PID) is managed by Stockyards Preservation Foundation of Fort Worth, Inc. On September 13, 2022, City Council adopted Ordinance No. 25716-09-2022, approving the fiscal year (FY) 2022-2023 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2022 Assessment Roll for the Stockyards PID. After conducting a mid -year review of the Stockyards PID's budget, City staff and Stockyards Preservation Foundation of Fort Worth Inc., have identified the need to increase Stockyards PID's budget to account for $550.00 of additional City payment in -lieu of assessments and $49,450.00 use of fund balance. Expenditure adjustments can be primarily attributable to a reallocation of Capital Improvement to Security to align expense with actual activities that are primarily attributable to increases to support officer patrols and an increase to support a professional services agreement. The City of Fort Worth Assessment is an allocation to the PID budget for assessments the City would pay on City -owned properties in the Stockyards PID, if the City was not a tax-exempt entity. Revenue Adjustments: Line Items Previously Recommended Amended to be Approved FY23 Mid -Year FY23 Budget Adjusted Budget Item Adjustment Item PID $345,399.00 $0.00 $345,399.00 Assessments COFW $7,743.00 $550.00 $8,293.00 Assessment Use of Fund $16,369.00 $49,450.00 $65,819.00 Balance Totals $369,511.00 $50,000.00 $419,511.00 Expenditure Adjustments: Line Items to Previously Recommended Amended be Adjusted Approved FY23 Mid -Year FY23 Budget Budget Item Adjustment Item Security $55,000.00 $75,000.00 $130,000.00 Capital $115,000.00 ($75,000.00) $40,000.00 Improvements Professional $0.00 $50,000.00 $50,000.00 Services Totals $170,000.00 $50,000.00 $220,000.00 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 $419,511.00. This mid -year budget adjustment will decrease the unaudited, unassigned fund balance by a total of $49,450.00. The revised Budget and Five -Year Service Plan will take effect upon approval by City Council. The City and Stockyards Preservation Foundation of Fort Worth, Inc., will amend the existing management contract to reflect the mid -year adjustments (City Secretary Contract No. 58424). Funding is available for appropriation in the fund balance of the FWPID#1 1 -Stockyards Fund. The beginning balance is $171,705.00, after this M&C, available balance will be $105,886.00. The Stockyards PID is located in COUNCIL DISTRICT 2 / FUTURE COUNCIL DISTRICT 2. 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 ordinances, funds will be available in the current operating budget, as appropriated, in the FWPID #11 - Stockyards 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