HomeMy WebLinkAboutContract 62187-A1CSC No. 62187-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 62187,
A MANAGEMENT AND IMPROVEMENT OF SERVICES
AGREEMENT
Fort Worth Public Improvement District No. 12 (Chapel Hill)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 62187 ("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. 12, the same being City Secretary Contract
Number 62187 ("Agreement");
WHEREAS, Contractor identified a need to reallocate certain funds between budgeted line items;
WHEREAS, on April 22, 2025, the City Council adopted an ordinance approving a revised Fiscal
Year 2024-2025 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
WHEREAS, the Parties desire to amend the Agreement to modify the insurance requirements
under Section 13.1, to clarify the role of off -duty Fort Worth police officers in providing Security
Services under the Agreement, and to remove Section 2.3(c).
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replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is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. Section 13.1 of the Agreement is hereby amended by revising subsection (c) and adding a
new subsection (d) to read as follows:
(c) AUTOMOBILE INSURANCE — BODILY INJURY AND PROPERTY
DAMAGE:
Contractor must maintain comprehensive automobile liability coverage in an
amount not less than $1,000,000 for each accident. This policy must cover any
automobile used in the provision of Improvements and Services under this
Agreement.
(d) INSURANCE COVERAGE OF LAW ENFORCEMENT OFFICERS ACTING
AS SECURTY PERSONNEL — If the Contractor hires off -duty police officers to
act as security personnel as part of the Services herein, then Contractor agrees to
provide general liability insurance coverage for the officers. When off -duty
officers act in a law enforcement capacity, the officers will be covered under the
City.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to CSC 62187 1 I 1
3. Section 2.3(b) of the Agreement is hereby amended to read as follows:
(b) If the Contractor employs, or engages a subcontractor to employ, off -duty Fort
Worth police officers to provide Security Services, the Parties understand,
acknowledge, and agree that, while performing Security Services for the
Contractor or subcontractor, as applicable, under this Agreement, the off -duty
officers are not considered employees of the City of Fort Worth, except as
provided herein.
The Contractor must direct, or ensure that the subcontractor directs, residents to
call 911 in the event of an emergency. Off -duty Fort Worth police officers working
for the Contractor or subcontractor, as applicable, may not answer calls for police
service from Police Department dispatchers except in the event of a life -threatening
emergency, in which case the off -duty officer shall be considered "on -duty" and
working as an employee of the City of Fort Worth.
If an off -duty officer becomes aware of a situation that requires immediate police
action within the District, the officer may take appropriate action while notifying
on -duty officers of the situation. Responsibility for the incident shall be
transferred to an on -duty officer upon their arrival at the scene.
Off -duty officers working within the Public Improvement Districts (PIDs) may
perform all standard law enforcement functions except for the transportation of
individuals to jail. While off -duty officers are authorized to make arrests, they
must contact an on- duty officer to assume custody and complete the arrest process.
Off -duty officers may issue General Complaint Citations; however, when
engaged in a security capacity, such as store security, they are prohibited from
issuing citations for offenses including, but not limited to, theft, assault, or
possession of drug paraphernalia. In such instances, a patrol unit must be
dispatched, and the responding on -duty officer shall determine whether to issue a
citation or make a custodial arrest.
If the Contractor employs or engages a subcontractor to employ off -duty Fort
Worth police officers to provide Security Services, then the Contractor or
subcontractor, as applicable, must use a City -prescribed and approved form for
reimbursement.
4. Section 2.3(c) of the Agreement is hereby deleted in its entirety.
5. All terms of this First Amendment that are capitalized but not defined have the meanings
assigned to them in the Agreement.
6. All terms and conditions of the Agreement that are not expressly amended pursuant to this
First Amendment will remain in full force and effect.
First Amendment to CSC 62187 2P a g e 12
IN WITNESS WH REOF, the undersigned have caused this First Amendment to be executed in Fort
Worth, Tarrant County, Texas.
CITY OF FORT WORTH:
By: cv�
Jesica McEachern
Assistant City Manager
Date: 07/02/2025
FIRSTSERVICE RESIDENTIAL
TEXAS PID, LLC
a Texas limited liability company
Kathleen X ward
By: Kathleen M. Ward (Jul 1, 202515:55 CDT)
Kathleen Ward
President
Date: 07/01 /2025
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
APPROVAL RECOMMENDED:
--
/��---
By:
Name: Kevin Gunn
Title: Interim Economic Development Director
APPROVED AS TO FORM AND LEGALITY:
By: Qua -a
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0774 (September 17, 2024). 25-0372 (April
22, 2025) -
Form 1295: 2024-1180089
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: Crystal Hinojosa
Title: Economic Development Manager
a°moo a9�°o
City Secretary: pro o:a
..�S��u aaa� nE4 454ga
By:
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to CSC 62187 3 13
Exhibit "A"
City of Fat Worth
Five Year Service Plan FY 24-25 - FY 27-28
Public r
- - - t district
Fla-12 - Cha * Hill
MID YEAR AIkJUSTMEFlr
FY2425
FY2M6
FY2GW
FY27i2B
FY28M
REVEFIJES
PIU Assessrrerrts
$
421.111
i
433.744
3
446.757
S
400.152
8
473.964
City Pa}uwa in Lieu-Asse5mnents
S
1,C.'J5
Total Budgeted Revenues
$
422.146
$
433,744
$
446.757
$
450,199
$
4T3.951
Total FundsAvailahlefarUse
$
CZ146
S
433,744
$
446,757
$
490,159
$
47'3,954
EXPENSES
MmnWurent Fee
"4
15,072
S
15,373
S
15,681
#
15,995
S
10.314
Utilities
22,307
S
22.746
5
23XI
S
23,668
S
24,13B
Se-ity
50,000
S
51,5m
S
53.w
S
54,636
S
56,278
LandscWing
149,936
5
80.635
S
66.367
$
90,135
S
91.937
CummmArea Wmrrtenarxa
B2,0W
S
a3,940
S
B5,313
$
B7,012
S
8B,759
Ccnmwrca6xm
B4O00
S
8.160
S
8,323
$
B,496
S
B4O58
AuditlAnnual Review
3,0dd
S
3.060
S
3.121
$
3,1134
S
3.247
Chid Improvernmts
B3=
S
84,864
S
B8,581
$
BU93
S
90,058
City Adrinimme Fee
B,422
S
8.590
5
8.762.
$
B,937
9.479
Total Budgeted Expenses
421,93U
364,569
$
37ZX 5
$
36d,353
S
388.869
fionutKmon to Fund Balance
216
69,176
74,3H2
79,1305
85,095
Total Expenses
422.146
433,744
M757
461),159
473.964
Net Change in Fund Balance
'
216
69.176
74,382
79,d46
$
85.095
Beginning Fund Balance, Estirraled {Ys 2-5)
4BB,B2B
489.042
55B,218
632,599
712,E-0d
Estinated Fund Balanm, End c- Year
4139,042
%B.218
022.599
712.408
797,11-8'
Rer:erne ReWmffrit
60,774
60,774
6ZOM
63,405
d4,d25
Over jUnderj Reserve
$
429,2W
497.444
5M525
649,L01
T32,GO76
*FY242` Assessment Rabe = $.14
First Amendment to CSC 62187 4P a g c 14
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/22/25 M&C FILE NUMBER: M&C 25-0372
LOG NAME: 17PID12 MIDYEAR FY25
SUBJECT
(CD 7) Adopt Ordinance Amending the Fort Worth Public Improvement District 12 — Chapel Hill Fiscal Year 2024-2025 Adopted Budget and Five -
Year Service Plan and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending the Public Improvement District 12 — Chapel Hill Fiscal Year 2024-2025 Budget and Five -Year
Service Plan 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; and
2. Adopt the attached appropriation ordinance reallocating estimated receipts and appropriations in the Fort Worth Public Improvement District
12- Chapel Hill Fund by decreasing appropriations in the transfers & other categories in the amount of $55,500.00, and increasing
appropriations in the General operating & maintenance category by the same amount, for the purpose of funding mid -year budget
adjustments.
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 12 — Chapel Hill (or the Chapel Hill PID) is managed by FirstService Residential Texas PID, LLC (FirstService).
On September 17, 2024, City Council adopted Ordinance No. 27164-09-2024, approving the Fiscal Year (FY) 2024-2025 Budget, Five -Year
Service Plan, Assessment Plan, and Tax Year 2024 Assessment Roll for the Chapel Hill PID. After conducting a mid -year review of the Chapel Hill
PID's budget, City staff and FirstService Residential Texas PID, LLC, have identified the need to reallocate funds in Chapel Hill PID's budget in the
amount of $55,500.00, for the purpose of mid -year budget adjustments. The primary factors contributing to expenditure adjustments include
increased spending on utilities, adding security as a line item to fund security patrols, and decreasing the amount contributed to the fund balance.
Revenue Adjustments:
Previously
Line Item Approved FY25
Budget Item
PID $421,111.00
Assessments
COFW $1,035.00
Assessment
(Totals 1 $422,146.001
Expenditure Adjustments:
Recommended Amended
Mid -Year FY25 Budget
Adjustment Item
$0.00 $421,111.00
$0.00 $1,035.00
$0.001 $422,146.00
Previously
Approved
Amended
FY25 Recommended
FY25
Budget Mid -Year
Budget
Line Item Item Adjustment
Item
Ianagement Fee $15,072.00
(Utilities I $16,800.00
(Security I $0.00
FLandscaping I$149,936.00
(Common Area Maintenance $82,000.00
(Communications I $8,000.00
IAudit/Annual Review $3,000.00
FCapitalImprovements $83,200.00
$0.00 $15,072.00
$5,500.00 $22,300.00
$50,000.00 $50,000.00
$0.00 $149,936.00
$0.00 $82,000.00
$0.00 $8,000.00
$0.00 $3,000.00
$0.00 $83,200.00
(City Administrative Fee
[Contribution to Fund Balance
(Totals
$8,422.00 $0.00 1 $8,422.00
$55,716.00 ($55,500.00)I $216.00
$422,146.00 $0.00I$422,146.00
Upon approval of the above recommendation, the total budgeted expenses for FY 2024-2025 will be $422,146.00. 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 adjustment (City Secretary Contract No.62187).
The Chapel Hill PID is located in COUNCIL DISTRICT 7.
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 ordinance, funds will be available in the
current operating budget, as appropriated, in the FWPID #12 - Chapel Hill 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
Additional Information Contact:
Expedited
Jesica McEachern 5804
Kevin Gunn 2015
Crystal Hinojosa 7808