HomeMy WebLinkAboutContract 62188-A1CSC No. 62188-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 62188,
A MANAGEMENT AND IMPROVEMENT SERVICES AGREEMENT
Fort Worth Public Improvement District No. 11(Stockvards)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 62188 (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 FORT WORTH STOCKYARDS, INC, a Texas nonprofit
corporation ("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. 11, the same being City Secretary Contract
Number 62188 ("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replaced with, and superseded by, a new Exhibit A that is attached to this First Amendment, which is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.
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 62188 11 P a g e
2. 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.
3. Section 2.3(c) of the Agreement is hereby deleted in its entirety.
4. All terms of this First Amendment that are capitalized but not defined have the meanings
assigned to them in the Agreement.
5. 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 62188 2 1 P a g e
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: Cva��
Jesica McEachern
Assistant City Manager
Date: 07/09/2025
FORT WO TH
STOCKYARDS, INC
a Texas nonprofit corporation
By:
Paul Paine
President
Date: 06/27/2025
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
By. % qua,&"
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0773 (September 17. 2024). 25-0371. 25-
0560 (Avril 22. 2025, and June 24, 2025)
Form 1295: 2024-1180589
a4vaaan
City Secretary: pp� FORtiyo9°°
By:Name: Jannette S.
Goodall
Title: City Secretary
°°oa 4Ilq .01
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to CSC 62188 3 1 P a g e
Exhibit "A"
City of Fort Worth
Five Year Service Plan FY25 - FY29
Public Improvement District No. 11 - Stockyards
MID -YEAR ADJUSTMENT 21nd Update
FY24125
FY25f26
FY26127
FY27128
FY28129
REVENUES
PID Assessments
$
444,145
$ 457,469
$ 471,193
$ 485,329
$ 499,889
City Payment in -lieu of Assessments
$
10,458
$ 9,149
$ 9,424
$ 9,707
$ 9,998
Budgeted Revenues
$
454,603
$ 466,619
$ 480,617
$ 495,036
$ 509,887
Use of Fund Balance
$
48,871
$ 7,794
$ 8,D28
$ 8,269
$ 8,517
Total Budgeted Revenues
$
503,474
$ 474,413
$ 488,645
$ 503,305
$ 518,404
EXPENSES
Management Fee
$
90,676
$ 91,494
$ 94,239
$ 97,066
$ 99,978
Security
S
211,000
$ 210,000
$ 220,D00
$ 220,000
$ 230,000
Maintenance 8 Operations
S
147,706
$ 100,500
$ 110,D00
$ 115,000
$ 115,000
Public Events
$
10,000
$ 10,000
$ 10,D00
$ 10,000
$ 10,000
Capital Improvements
S
1,000
$ 19,087
$ 6,794
$ 8,338
$ 10,228
Marketing S, Research (WebsitefNewsletter)
S
31,000
$ 31,000
$ 35,D00
S 40,000
$ 40,000
City Audit Fee
S
3,000
$ 3,000
$ 3,000
S 3,000
$ 3,000
City Administrative Fee
$
9,092
$ 9,332
$ 9,612
$ 9,901
$ 10,198
Total Budgeted Expenses
$
503,474
$ 474,413
$ 488,645
$ 503,305
$ 518,404
Net Change in Fund Balance
S
(48,871)
$ (7,794)
$ (8,028)
S (8,269)
$ (8,517)
Beginning Fund Balance, Estimated (Yrs 2-5)
$
299,958
$ 251,087
$ 243,293
$ 235,265
$ 226,996
Estimated Fund Balance, End of Year
$
251,087
$ 243,293
$ 235,265
$ 226,996
$ 218,479
Reserve Requirement
$
79,085
$ 81,457
$ 83,901
$ 86,413
$ 86,418
Over (Under) Reserve
$
172,002
$ 161,836
$ 151,364
$ 140,578
$ 132,061
`FY2025 Assessment Rate = $.12
First Amendment to CSC 62188 4 1 P a g e
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/24/25 M&C FILE NUMBER: M&C 25-0560
LOG NAME: 03PID11 MIDYEAR FY25—AMENDMENT NO. 2
SUBJECT
(CD 2) Adopt Ordinance Amending Fort Worth Public Improvement District 11 — Stockyards Fiscal Year 2024-2025 Adopted Budget and Five -
Year Service Plan to Reflect Additional Mid -Year Adjustments, Authorize the Execution of a Second Amendment to the Associated Management
and Improvement Services Agreement with Fort Worth Stockyards, Inc., and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending Public Improvement District 11 — Stockyards 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;
2. Authorize the execution of an amendment to the associated Management and Improvement Services Agreement with Fort Worth
Stockyards, Inc. (City Secretary Contract No. 62188) to align with these changes; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District
11 - Stockyards Fund in the amount of $30,000.00, from available unreserved fund balance, for the purpose of funding mid -year budget
adjustments.
DISCUSSION:
The City of Fort Worth's FWLab oversees the administration of Public Improvement Districts (PIDs), including coordination with PID management
entities to monitor performance and financial alignment throughout the fiscal year.
On April 22, 2025, City Council approved a mid -year budget adjustment for FWPID #11 — Stockyards (M&C 25-0371), incorporating limited
funding changes to reflect revised service needs at that time. Following further review and coordination with Fort Worth Stockyards, Inc., additional
adjustments have been identified to fully align the FY25 budget with the district's current service priorities and financial obligations.
This second amendment allows for the appropriation of additional funds to support services not previously reflected in the mid -year update. These
adjustments are necessary to ensure continuity of service delivery and compliance with the City's Public Improvement District Policy. Upon
adoption, the updated budget will be reflected in the Five -Year Service Plan and incorporated into the amended Management and Improvement
Services Agreement. The table below reflects the proposed additional adjustments to the FY25 budget:
Revenue Adjustments:
Previously
Additional
Revised
Line Item
Ameded FY25
Adjustment
FY25
Budget
Budget
IPID Assessments
$444,145.00
$0.00
$444,145.00
City Payment In -lieu
$10,458.00
$0.00
$10,458.00
of Assessments
Use of Fund
$18,871.00
$30,000.00
$48,871.00
Balance
(Total Revenue
$473,474.00
$30,000.00
$503,474.00
Expenditure Adjustments:
Line Item
Previously Amended
Additional
Revised
FY25 Budget
Amendment
FY25 Budget
Management
$90,676.00
$0.00
$90,676.00
Fee
(Security
$201,000.00
$10,000.00
$211,000.00
Maintenance &
$127,706.00
$20,000.00
$147,706.00
Operations
(Public Events
$10,000.00
$0.00
$10,000.00
Capital
$1,000.00
$0.00
$1,000.00
Improvements
Marketing &
$31,000.00
$0.00
$31,000.00
Research
City Audit Fee
$3,000.00
$0.00
$3,000.00
City
Administrative
$9,092.00
$0.00
$9,092.00
Fee
Total $473,474.00 $30,000.00 $503,474.00
Expenditures
Upon approval of the above recommendations, the total budgeted expenses for FY 2024-2025 will be $503,474.00. This additional mid -year
budget adjustment will increase the FY25 adopted budget from the unaudited, unassigned fund balance by a total of $30,000.00. The revised
budget and Five -Year Service Plan will take effect upon approval by City Council. The City and FWSI will amend the existing management contract
to reflect the mid -year adjustment (City Secretary Contract No.62188). This amendment supersedes the prior draft amendment (62188-A1), which
was not executed.
Funding is available for appropriation in the fund balance of the FWPID #11- Stockyards Fund. The current balance is $333,997.29, after this
M&C, available balance will be $330,997.09.
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 attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the FWPID #11 - Stockyards Fund. Prior to any expenditure being incurred,
the FWLab has the responsibility to validate the availability of funds.
Submitted for Citv Manaaer's Office bv:
Oriainatina Business Unit Head
Christianne Simmons 6222
Additional Information Contact: Crystal Hinojosa 7808