HomeMy WebLinkAboutContract 62190-A1CSC No. 62190-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 62190,
A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 6 (Park Glen)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 62190 ("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. 6, the same being City Secretary Contract
Number 62190 ("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replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is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 62190 CITY SECRETARY 1 of 4
FT. WORTH, TX
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 62190 2 of 4
IN WITNESS WHEREOF, the undersigned have caused this First Amendment to be executed in Fort Worth, Tarrant County,
Texas.
CITY OF FORT WORTH:
By: C��
Jesica McEachern
Assistant City Manager
Date: 07/02/2025
FIRSTSERVICE RESIDENTIAL
TEXAS PID, LLC
a Texas limited liability company
By: Kathleen M. Ward (Jul1, 202515:54 CDT)
Kathleen Ward
President
Date: 07/01 /2025
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
APPROVAL RECOMMENDED: 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
By:
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0771 (September 17. 2024), 25-0366 (April
22,2025)
Form 1295: 2024-1180079
annn
�F oFORT*& o W�d
City Secretary: QaoB=d
By:
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to CSC 62190 3 of 4
Exhibit "A"
City of Fort Worth
Five Year Service Plan FY24 - FY28
Public Improvement District No. 6 - Park Glen
MidYearAdjustment
FY24125 FY25126
REVENUES
PIU Assessments"
$ 2,320,066 $ 2,32go56
COFW Payment in lieu of Services
334,799 270,925
COFW Assessment
7,303 7,298
Total Budgeted Revenues
$ 2,662,158 S 2,598,279
Use of Fund Balance
Total Revenues
$ 2,662,158 $ 2,598,279
EXPENSES
Management Fee
Ul;li ies
Landscaping
Comm on ,area Maintenance
Holiday Decoration
Security Enhancements
Communications
Public Events
Capital Improvements
Annual Review
City Administrative Fee
Total Budgeted Expenses
Contribution to Fund Balance
Total Expense
Net Change in Fund Balance
Beginning Fund Balance, Estimated (Yrs 2-5)
Estimated Fund Balance, End of Year
Reserve Requirement
Over (Under) Reserve
$ 160,277
2t2,og0
1,473,250
205, 000
53,060
211
14, 560
51,000
130,000
5,100
51,966
$ 2,641,493
20,W5
$ 2,662,158
$ 20,665
778,346
799,011
431 407
$ 367,604
•FY2025 Assessment Rate = $A 55 Residential) $.035 Commercial
$ 165,085
205,040
1,250,125
3t5,000
23, 000
291
14,500
51,000
215,000
5,100
51,966
$ 2,587,924
10,355
S 2,598,279
$ 10,355
799, 011
809,366
439,917
S 370,449
FY26r27
FY27128
FY28129
$ 2,412,A58
$ 2,412,85B
$ 2,509,373
270,925
270,925
270,925
7,298
7,296
6,897
$ 2,691,081
S 2,691,081
S 2.737,195
$ 2,691,681
S 2,691,081
S 2,787,195
$ 170,C38
$ 175,139
5 180,3g3
210,161
214,364
213,651
1,250,125
1,248,000
1,248,000
81,600
243,000
215,000
33,600
33,000
23,000
296,930
302,869
303,926
20,000
20,000
20,000
62,600
52,800
62,800
450,000
200,000
105,000
5,100
5,100
5,100
5.3 A77
.53 A29
55 744
58,106
$ 2,691,081
$ 58,106
809,366
867,472
426,434
$ 441,1330
132,988
$ 2,691,081
S 428,775
967,412
1,296,247
426,434
S 869,813
341,581
S 2,787,195
S 341,591
446,526
791,107
440,337
S 350,770
First Amendment to CSC 62190 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/22/25 M&C FILE NUMBER: M&C 25-0366
LOG NAME: 17PID06 MIDYEAR FY25
SUBJECT
(CD 4) Adopt Ordinance Amending Public Improvement District 6 - Park Glen Fiscal Year 2024-2025 Adopted Budget and Five -Year Service
Plan; 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; and Adopt Appropriation Ordinances
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. 62190) to align with these changes; and
3. Adopt the attached appropriation ordinance reallocating estimated receipts and appropriations in the Park & Recreation Department of the
General Fund by decreasing appropriations in the General Operating & Maintenance category in the amount of $63,874.00, and increasing
appropriations in the Transfers & Other category by the same amount, for the purpose of funding the Fort Worth Public Improvement District
6 — Park Glen Fund for the Payment In -Lieu of Services; and
4. Adopt the attached appropriation ordinance reallocating estimated receipts and appropriations in the Public Improvement District 6 — Park
Glen Fund 1) by increasing in the amount of $63,874.00, transferred from Park and Recreation Department, 2) decreasing the use of fund
balance in the amount of $43,209.00, and 3) increasing contribution to fund balance in the amount of $20,665.00, for the purpose of funding
Payment In -Lieu Services for the mid -year adjustment.
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 17, 2024, City Council adopted Ordinance No. 27158-09-2024, approving the Fiscal Year (FY) 2024-2025 Budget, Five -Year
Service Plan, Assessment Plan, and Tax Year 2024 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 $20,665.00 to
account for $63,874.00 additional payment in -lieu of services. The additional revenue increase will result in a reduction to the original use of fund
balance in the amount of $43,209.00. The primary factors driving expenditure adjustments include higher utility costs from newly added watering
areas, increased landscaping expenses for grading and erosion projects, and elevated electrical maintenance costs due to lighting upkeep and
repairs.
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.
Revenue Adjustments:
Line Items to
Previously
Recommended Amended
be Adjusted
Approved FY25
Mid -Year FY25 Budget
Budget Item
Adjustment Item
PID
$2,320,056.00
$0.00 $2,320,056.00
Assessments
7Paymentin lieu
$270,925.00
$63,874.00 $334,799.00
es
COFW
I $7,303.00
$0.00 $7,303.00
Assessment
Use of Fund
$43,209.00
($43,209.00) $0.00
Balance
(Totals
1 $2,641,493.001
$20,665.00 $2,662,158.00
Expenditure Adjustments:
Previously
Approved
FY25 Budget
Line Items
Item
(Management Fee
I $160,277.00
(Utilities
$202,000.00
(Landscaping
$1,388,250.00
(Common Area Maintenance
$200,000.00
(Holiday Decoration
$53,000.00
(Security Enhancements
I $285,400.00
(Communications
�$14,500.00
(Public Events
$51,000.00
Capital improvements
$230,000.00
(Annual Review
I $5,100.00
ICity Administrative Fee
I $51,966.00
(Contribution to Fund Balance)
$0.00
(Totals
I $2,641,493.00
Recommended Amended
Mid -Year FY25 Budget
Adjustment Item
$0.00
$160,277.00
$10,000.00
$212,000.00
$85,000.00
$1,473,250.00
$5,000.00
$205,000.00
$0.00
$53,000.00
$0.00
$285,400.00
$0.00
$14,500.00
$0.00
$51,000.00
$(100,000.00)
$130,000.00
$0.00 $5,100.00
$0.00 $51,966.00
$20,665.00 $20,665.00
$20,665.00 $2,662,158.00
Upon approval of the above recommendations, the total budgeted expenses for FY 2024-2025 will be $2,662,158.00. 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. 62190).
The Park Glen PID is located in COUNCIL DISTRICT 4.
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 funds are currently available in the General Fund and upon approval of the above recommendations and
adoption of the attached appropriation ordinances, funds will be available in the FWPID #6 — Park Glen Fund. Prior to an expenditure being
incurred, the Economic Development Department has the responsibility of verifying 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