HomeMy WebLinkAboutContract 60329-A1First Amendment to CSC 60329 1 of 3
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 60329,
A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 1 (Downtown)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60329 (
) 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 DOWNTOWN FORT WORTH, INC., a nonprofit
corporation () acting behalf and through Andy Taft, its duly authorized President.
WHEREAS, the City and Contractor are parties to a Management and Improvement Services
Agreement for Fort Worth Public Improvement District No. 1, the same being City Secretary Contract
Number 60329
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replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is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.
First Amendment to CSC 60329 2 of 3
EXECUTED in Fort Worth, Tarrant County, Texas as of the last date indicated below:
CITY OF FORT WORTH:
By:___________________________
Name: William M. Johnson
Title: Assistant City Manager
Date:__________________________
DOWNTOWN FORT WORTH, INC.,
a Texas nonprofit corporation:
By:___________________________
Name: Andy Taft
Title: 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: 23-0714 (September 12, 2023); 24-0323 (April
23, 2024)
Form 1295: 2023-1039272
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
F��T��o�ri�
-��-
DATE: 4/23/2024 REFERENCE NO.: **M&C 24-0323 LOG NAME:
CODE: G TYPE: CONSENT PUBLIC
HEARING:
17PID01 MIDYEAR
FY24
NO
SUBJECT: (CD 9) Adopt Ordinance Amending the Fiscal Year 2023-2024 Budget and Five-Year
Service Plan for Public Improvement District 1- Downtown 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 1- Downtown 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 1- Downtown Fund in the amount of $424.00, 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 1- Downtown Fund in the amount of
$76,082.00, transferred from Economic Development Department General Fund, for purpose
of funding Payment In-Lieu of Assessments in Fiscal Year 2023-2024.
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 1- Downtown (Downtown PID) is managed by Downtown Fort Worth Inc., (DFWI).
On September 12, 2023, City Council adopted Ordinance No. 26423-09-2023, approving the fiscal
year (FY) 2023-2024 Budget, Five-Year Service Plan, Assessment Plan, and Tax Year 2023
Assessment Roll for the Downtown PID. After conducting a mid-year review of the Downtown PID's
budget, City staff and DFWI has identified the need to increase Downtown PID's (City of Fort Worth)
allocations by $76,506.00 to account for 1) $424.00 of additional payment in-lieu of services and 2)
$76,082.00 of additional City payment in-lieu of assessments. The additional revenue increase will
result in a increase to the original contribution to fund balance in the amount
of $18,406.00. Expenditure adjustments are primarily attributable to increases in management fee
(non-executive), marketing & research, and transportation & planning salary expenses as a result of
two recent compensation studies. The utility expense increase accounts for summer water usage
and the landscaping increase allows for potential increases in the planting plan.
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 payment in-lieu of Assessment is an allocation to the PID budget
http://apps.cfwnet.org/council�acket/mc review.asp?ID=32030&councildate=4/23/2024 5/20/2024
M&C Review
Page 2 of 3
for assessments the City would pay on City-owned properties in the Downtown PID, if the City was
not a tax-exempt entity.
Revenue Adjustments:
Previously Recommended Amended
Line Items to Approved Mid-Year FY24 Budget
be Adjusted FY24 Budget Adjustment Item
Item
PID $2,g70,608.00 $0.00 $2,970,608.00
Assessments
COFW
Payment in lieu $156,007.00 $424.00 $156,431.00
of Services
COFW $2g5,395.00 $76,082.00 $371,477.00
Assessment
PID Generated $150,000.00 $0.00 $150,000.00
Revenue
Totals $3,572,010.00 $76,506.00 $3,648,516.00
Expenditure Adjustments:
Previously Recommended Amended
Line Items to Approved Mid-Year FY24 Budget
be Adjusted FY24 Budget Adjustment Item
Item
Management $522,250.00 $39,100.00 $561,350.00
Fee
Utilities $10,000.00 $10,500.00 $20,500.00
Maintenance & �1,272,300.00 $9,000.00 $1,281,300.00
Operations
Tree Lights $130,000.00 ($80,000.00) $50,000.00
Landscaping $140,000.00 $57,000.00 $197,000.00
Marketing & $424,600.00 $14,200.00 $438,800.00
Research
Transportation& $196,357.00 $8,300.00 $204,657.00
Planning
Contribution to $54,663.00 $18,406.00 $73,069.00
Fund Balance
Totals $2,750,170.00 $76,506.00 $2,826,676.00
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
$3,648,516.00. This mid-year budget adjustment will increase the unaudited, unassigned fund
balance by a total of $18,406.00. The revised Budget and Five-Year Service Plan will take effect
upon approval by City Council. The City and DFWI will amend the existing management contract to
reflect the mid-year adjustments (City Secretary Contract No. 60329).
The Downtown PID is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council�acket/mc review.asp?ID=32030&councildate=4/23/2024 5/20/2024
M&C Review
Page 3 of 3
adoption of the attached appropriation ordinances, funds will be available in the current operating
budget, as appropriated, in the FWPID #1 - Downtown Fund. Prior to any expenditure being incurred,
the Economic Development Department has the responsibility to validate the availability of funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID � ID � � Year (Chartfield 2) ,
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year IChartfield 21
Submitted for Citv Manaqer's Office bv:
Originating Department Head:
Additional Information Contact:
William Johnson (5806)
Robert Sturns (2663)
Lacey Ruiz (2608)
ATTACHMENTS
17PID01 MIDYEAR FY24 RevisedFID.XLSX (CFW Internal)
17PID01 MIDYEAR FY24.docx (CFW Internal)
ORD. PID01 FY24 FIVE YEAR SERVICEPLAN MIDYEAR AMEND.docx (Public)
ORD.APP 17PID01 MIDYEAR FY24 AO(r2).docx (Public)
ORD.APP 17PID01 MIDYEAR FY24 AO(r3)revised.docx (Public)
PID 1 MID YR FY 2024 Budget CFW vFINALrev.pdf (Public)
PID 1 P4 YTD Analysis Jan 24 (Midyear PFB)draft.xlsx (CFW Internal)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=32030&councildate=4/23/2024 5/20/2024