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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 60313,
A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 7 (Heritage)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60313 (
) 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. 7, the same being City Secretary Contract
Number 60313
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replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is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: ___________________________________
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: 23-0716 (September 12, 2023); 24-0326 (April
23, 2024)
Form 1295: 2023-1042085
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
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
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DATE: 4/23/2024 REFERENCE NO.: **M&C 24-0326 LOG NAME:
CODE: G TYPE: CONSENT PUBLIC
HEARING:
17PID07 MIDYEAR
FY24
NO
SUBJECT: (CD 4 and CD 10) Adopt Ordinance Amending the Fiscal Year 2023-2024 Budget and
Five-Year Service Plan for Public Improvement District 7- Heritage 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 7- Heritage 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 Fort Worth Public
Improvement District 7- Heritage Fund in the amount of $15,296.00, transferred from
available funds from the 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 7- Heritage Fund 1) in the amount of
$133,968.00, in Fiscal Year 2023-2024, from available, unreserved fund balance, and 2)
in the amount of $1,757.00, transferred from the General Fund for the Economic
Development Department, for 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 7— Heritage (Heritage PID) is managed by FirstService Residential Texas PID, LLC
(FirstService).
On September 12, 2023, City Council adopted Ordinance No. 26427-09-2023, approving the Fiscal
Year (FY) 2023-2024 Budget, Five-Year Service Plan, Assessment Plan, and Tax Year 2023
Assessment Roll for the Heritage PID. After conducting a mid-year review of the Heritage PID's
budget, City staff and FirstService have identified the need to increase Heritage PID's budget
by $151,021.00 to account for 1) $15,296.00 of additional payment in-lieu of services 2) $1,757.00 of
additional City payment in-lieu of assessments, and 3) $133,968.00 use of fund balance. Expenditure
adjustments can be primarily attributable to increases in landscaping, common area maintenance, and
prior year budget adjustments. These projects encompass irrigation repairs and creek and lake
cleanout. Decreases in utilities, capital improvements, and City administrative fees are also part of the
adjustments, primarily resulting from reallocation to accommodate increased expenditures and rectify
prior year administrative fees.
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 Heritage PID budget and intended to provide for the standard level
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M&C Review
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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 PID budget for assessments the
City would pay on City-owned properties in the Heritage PID, if the City was not a tax-exempt entity.
Revenue Adjustments:
Previously Recommended
Line Items to Amended FY24
be Adjusted Approved FY24 Mid-Year gudget Item
Budget Item Adjustment
PID $2,020,700.00 $0.00 $2,020,700.00
Assessments
COFW
Payment in lieu $191,096.00 $15,296.00 $206,392.00
of Services
COFW $16,716.00 $1,757.00 $18,473.00
Assessment
Use of Fund �64,950.00 $133,968.00 $198,918.00
Balance
Totals $2,293,462.00 $151,021.00 $2,444,483.00
Expenditure Adjustments:
Lines Items to Previously Recommended Amended
be Adjusted Approved FY24 Mid-Year FY24 Budget
Budget Item Adjustment Item
Prior Year $0.00 $101,072.00 $101,072.00
Adjustment
Utilities $283,915.00 ($17,000.00) $266,915.00
Landscaping $1,067,329.00 $167,079.00 $1,234,408.00
Common Area $155,000.00 $91,500.00 $246,500.00
Maintenance
City Admin Fee $45,869.00 ($1,299.00) $44,570.00
Capital $243,331.00
Improvements ($190,331.00) $53,000.00
Totals $1,795,444.00 $151,021.00 $1,946,465.00
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
$2,444,483.00. This mid-year budget adjustment will decrease the unaudited, unassigned fund
balance by a total of $133,968.00. The revised Budget and Five-Year Service Plan will take effect
upon approval by City Council. The City and FirstService will amend the existing management
contract to reflect the mid-year adjustments (City Secretary Contract No. 60311).
Funding is available for appropriation in the fund balance of the FWPID#7 - Heritage Fund. The
beginning balance is $1,815,888.07, after this M&C, available balance will be $1,681,920.07.
The Heritage PID is located in COUNCIL DISTRICTS 4& 10.
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 #7 - Heritage Fund. Prior to any expenditure being incurred,
the Economic Development Department has the responsibility to validate the availability of funds.
•
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� Fund Department Account Project Program ' Activity Budget � Reference #' Amount
� ID ID Year (Chartfield�
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office by:
Oriqinatinq Department Head:
Additional Information Contact:
William Johnson (5806)
Robert Sturns (2663)
Lacey Ruiz (2608)
ATTACHMENTS
17PID07 MIDYEAR FY24.docx (CFW Internal)
ORD. PID07 FY24 FIVE YEAR SERVICEPLAN MIDYEAR AMEND.docx (Public)
ORD.APP 17PID07 MIDYEAR FY24 AO(r2).docx (Public)
ORD.APP 17PID07 MIDYEAR FY24 AO(r3).docx (Public)
PID 7 FY24 MID YEAR Adiustment vFINAL.pdf (Public)
PID 7 P4 YTD Analysis Jan 24(Midyear PFB)v1.xlsx (CFW Internal)
PID 7FID TABLEvREVISED2.XLSX (CFW Internal)
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