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HomeMy WebLinkAboutContract 60311-A1First Amendment to CSC 60311 1 of 3 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 60311, A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT Fort Worth Public Improvement District No. 6 (Park Glen) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60311 ( ) is made and entered into by and between the CITY OF FORT WORTH (the ), 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 () 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 60311 WHEREAS, Contractor identified a need to reallocate certain funds between budgeted line items; WHEREAS, on April 23, 2024, the City Council adopted an ordinance approving a revised Fiscal Year 2023-2024 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as follows: 1.Exhibit A to the Agreement concerning the Budget and Service Plan for the District is replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is incorporated into the Agreement for all purposes. 2.All terms of this First Amendment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 M. Johnson Assistant City Manager Date: _________________________________ FIRSTSERVICE RESIDENTIAL TEXAS PID, LLC a Texas limited liability company By: ____________________________________ Kathleen Ward President Date: ___________________________________ First Amendment to CSC 60311 2 of 3 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: APPROVAL RECOMMENDED: By:___________________________ Name: Robert Sturns Title: Economic Development Director APPROVED AS TO FORM AND LEGALITY: By:___________________________ Name: Nico Arias Title: Assistant City Attorney Contract Authorization: M&C: 23-0715 (September 12, 2023); 24-0325 (April 23, 2024) Form 1295: 2023-1038210 Contract Compliance 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. By: ___________________________ Name: Lacey M. Ruiz Title: Senior Contract Compliance Specialist City Secretary: By:___________________________ Name: Jannette S. Goodall Title: City Secretary First Amendment to CSC 60311 3 of 3 Exhibit M&C Review CITY COUNCIL AGENDA Create New From This M&C Page 1 of 3 Official site of the Ciry of Fort Worth, Texas F��T�'�o�rii -.�'�'�- DATE: 4/23/2024 REFERENCE NO.: **M&C 24-0325 LOG NAME: CODE: G TYPE: CONSENT PUBLIC HEARING: 17PID06 MIDYEAR FY24 NO SUBJECT: (CD 4) Adopt Ordinance Amending the Fiscal Year 2023-2024 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 2023-2024 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 Public Improvement District 6- Park Glen Fund in the amount of $71,369.00, from available funds transferred from Park and Recreation Department General Fund, for purpose of 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 6- Park Glen Fund by 1) increasing the use of fund balance in the amount of $164,496.00, 2) increasing revenue in the amount of $401.00 transferred from the General Fund for the Economic Development Department, for the purpose of funding Payment In-Lieu of Assessments. 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 6— Park Glen (Park Glen PID) is managed by FirstService Residential Texas PID, LLC (FirstService). On September 12, 2023, City Council adopted Ordinance No. 26425-09-2023, approving the Fiscal Year (FY) 2023-2024 Budget, Five-Year Service Plan, Assessment Plan, and Tax Year 2023 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 $236,266.00 to account for 1) $71,369.00 of additional payment in-lieu of services 2) $401.00 of additional City payment in-lieu of assessments and 3) $164,496.00 use of fund balance. The primary factors contributing to expenditure adjustments include increased spending on landscaping, maintenance, fence repairs, and significant capital improvement projects. These projects encompass the addition of monument lighting, installation of playground sails, and upgrades to the baseball diamond. 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 http://apps.cfwnet.org/council�acket/mc review.asp?ID=32032&councildate=4/23/2024 5/21/2024 M&C Review Page 2 of 3 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 FY24 Mid-Year FY24 Budget Budget Item Adjustment Item PID $2,185,323.00 $0.00 $2,185,323.00 Assessments COFW Payment in lieu $199,556.00 $71,369.00 $270,925.00 of Services COFW $6,897.00 $401.00 $7,298.00 Assessment Use of Fund $0.00 $164,496.00 $164,496.00 Balance Totals $2,391,776.00 $236,266.00 $2,628,042.00 Expenditure Adjustments: Previously Recommended Line Items to Amended FY24 be Adjusted Approved FY24 Mid-Year gudget Item Budget Item Adjustment Utilities $192,000.00 $28,000.00 $220,000.00 Landscaping $1,248,000.00 $73,561.00 $1,321,561.00 Common Area $215,000.00 $82,000.00 $297,000.00 Maintenance Capital $105,000.00 $110,000.00 $215,000.00 Improvements Contribution to $57,295.00 Fund Balance ($57,295.00) $0.00 Totals $1,817,295.00 $236,266.00 $2,053,561.00 All other previously approved line items not mentioned above remain the same. Upon approval of the above recommendations, the total budgeted expenses for FY 2023-2024 will be $2,628,042.00. This mid-year budget adjustment will decrease the unaudited, unassigned fund balance by a total of $164,496.00. 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. 60311). Funding is available for appropriation in the fund balance of the FWPID #6 - Park Glen Fund. The beginning balance is $1,940,048.87, afterthis M&C, available balancewill be $1,775,552.87. The Park Glen PID is located in COUNCIL DISTRICT 4. 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 #6 - Park Glen Fund. Prior to any expenditure being incurred, the Economic Development Department has the responsibility to validate the availability of funds. TO �Fund Department Account Project Program Activity Budget Reference # Amount http://apps.cfwnet.org/council�acket/mc review.asp?ID=32032&councildate=4/23/2024 5/21/2024 M&C Review �� i� Fund Department Account Project ID ID Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: Page 3 of 3 � � Year �(Chartfield 2) �� im Activity Budget Reference # Amount Year Chartfield 2 William Johnson (5806) Robert Sturns (2663) Lacey Ruiz (2608) � ATTACHMENTS 17PID06 MIDYEAR FY24.docx (CFW Internal) 17PID06 MIDYEAR FY24.XLSX (CFW Internal) ORD. PID06 FY24 FIVE YEAR SERVICEPLAN MIDYEAR AMEND.docx (Public) ORD.APP 17PID06 MIDYEAR FY24 AO(r2).docx (Public) ORD.APP 17PID06 MIDYEAR FY24 AO(r3).docx (Public) PID 6 MID YR FY 2024 Budget CFW vFINAL.pdf (Public) PID 6 P4 YTD Analysis Jan 24(projected FBMidyear).xlsx (CFW Internal) http://apps.cfwnet.org/council�acket/mc review.asp?ID=32032&councildate=4/23/2024 5/21/2024