HomeMy WebLinkAboutContract 62192-A1CSC No. 62192-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 62192,
A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 20 (East Lancaster Avenue)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 62192 ("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. 20, the same being City Secretary Contract
Number 62192 ("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replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is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
First Amendment to CSC 62192 CITY SECRETARY 1P a g e 11
FT. WORTH, TX
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.
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 62192 2P a g e 12
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: o Jv
Jesica McEachern
Assistant City Manager
Date: 07/02/2025
FIRSTSERVICE RESIDENTIAL
TEXAS PID, LLC
a Texas limited liability
company
kA M4 1z M. WArd
By: Kathleen M. Ward (Jul 1, 202515:56 CDT)
Kathleen Ward
President
Date: 07/01 /2025
CITY OF FORT WO TH INTERNAL ROUTING PROCESS:
APPROVAL RECO NDED: Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration of
By: this contract, including ensuring all performance and
Name: Kevin Gunn reporting requirements.
Title: Interim Economic Development Director
By:
Name: Crystal Hinojosa
APPROVED AS TO FORM AND LEGALITY: Title: Economic Development Manager
'-Vo0
By: Q City Secretary: a
PV8 e=A
Name: Trey Qualls P° nIl nEXo5g4'
Title: Assistant City Attorney B (�
Contract Authorization:
M&C: 24-0778 (September 17. 2024). 25-0379 (April
22,2025)
Form 1295: 2024-1180088
y•
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to CSC 62192 3P a g e 13
Exhibit "A"
City of Fart Worth
Five Year Service Plan FY24-FY28
Public Imrovement District No.2D-East Lancaster
MIDYEAR ADJU.9 MENT
FY24i25
FY25@C
FY29;27
FY27128
FY'28129
REVENUES
PIDAssessments
5
:4e.293
$36@,758
$395,095
$404,361)
$424,568
Total Budgeted Revenues
$
349,293
$366,758
$ 385.095
$404,350
$ 423,5N
Use of Fund Balance
19,48D
-
Total Funds Available for Use
$
3 &6 M
$366,758
$ 385,096
$ 404,350
$ 424,568
EXPENSES
Management Fee
$
19,951
$ M.550
3 21.167
$ 21,602
$ 22.459
Litter Pickup
24,336
$ 25,(1W
$ 26,818
$ 2@,593
$ 27,39C
CityAdministrative Fee
6,986
$ 7.195
7.411
$ 7,634
$ 7,8W
Security
309,o0i}
$3135,U69
$ 314,220
$ 323,647
$ 333,355
Community Marketing+Everts
1,51M
$ 2.06a
$ 2.122
$i 2,185
$ 2,251
AudVAnnual Review
3,0DD
$ 3,090
$ 3.183
$ 3,2713
$ 3,377
Communications
4,DOD
$ 2.575
$ 2.1552
$ 2,732
$ 2,814
Total Budgeted Expenses
$
36d,773
$ 365,605
$ 376,673
$387,870
$ 390,506
Contribution to Fund Mdanoe
1B,481)
25.062
Total Expenses
36d,773
36:5,605
376,673
404,360
42S,568
Net Charge in Fund Eialance
$
(193484)
$ 11153
$ 6,623
$ 15,4110
$ 25,062
Beginning Fund Balance, Estimated (yrs 2-5)
79,929
61,82U
102.973
71,495
137.970
Estimated Fund Balance, End of Year
80,448
62,973
71.495
87,1376
113.037
ReserveRequirenrent
150,946
62.775
64,1558
84,65d
68,598
Over(Under)Reserve
$
149Bj
$ 198
$ 6,837
$ 23,31B
$ 46,440
' FY2025 Asse ss me nt Rate = .266
First Amendment to CSC 62192 4P a g e 14
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/22/25 M&C FILE NUMBER: M&C 25-0379
LOG NAME: 17PID20 MIDYEAR FY25
SUBJECT
(CD 8 and CD 11) Adopt Ordinance Amending Public Improvement District 20 — East Lancaster Avenue Fiscal Year 2024-2025 Adopted Budget
and Five -Year Service Plan and Authorize the Execution of an Amendment to the Associated Management and Improvement Services Agreement
with FirstService Residential Texas PID, LLC to Align with these Changes
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending Public Improvement District 6 — Park Glen 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. Authorize the execution of an amendment to the associated Management and Improvement Services Agreement with FirstService
Residential Texas PID, LLC (City Secretary Contract No. 62192) to align with these changes.
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 20 — East Lancaster (East Lancaster PID) is managed by FirstService Residential Texas PID, LLC (FirstService).
On September 17, 2024, City Council adopted Ordinance No. 27172-09-2024, approving the Fiscal Year (FY) 2024-2025 Budget, Five -Year
Service Plan, Assessment Plan, and Tax Year 2024 Assessment Roll for the East Lancaster PID. After conducting a mid -year review of the
East Lancaster PID's budget, City staff and FirstService have identified the need to reallocate funds in the East Lancaster PID Budget to align
expenses with actual activities that are attributable primarily to a decrease in security and community marketing and events and an increase in
communications.
Expenditure Adjustments:
Previously
Approved
Amended
FY25 Recommended
FY25
Budget
Mid -Year
Budget
Line Item
Item
Adjustment
Item
(Management Fee
$19,951.00
$0.00
$19,951.00
lLitter Pickup
$24,336.00
$0.00
$24,336.00
lCity Administrative Fee
$6,985.86I1
$0.00
$6,985.86
lecurity
$310,000.00
($1,000.00) $309,000.00
lCommunity Marketing/Events
$2,000.00
($500.00)
$1,500.00
JAudit/Annual Review
$3,000.00
$0.00
$3,000.00
(Communications
$2,500.00I
$1,500.001
$4,000.00
lTotals
$368,772.86I1
$0.001$368,772.86
All other previously approved line items not mentioned above remain the same. 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. 62192).
The East Lancaster PID is located in COUNCIL DISTRICTS 8 & 11.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
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The Director of Finance certifies funds are available in the current operating budget, as previously appropriated, in the FWPID #20 - East
Lancaster 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 bv: Jesica McEachern 5804
Oriainatina Business Unit Head: Kevin Gunn 2015
Additional Information Contact: Crystal Hinojosa 7808
Expedited