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Home My WebLink AboutContract 47484 �G�t�`' ECRETARV , . COR` RACT 0 7 FEB-42016 c�c�rY��i ae YN INTERLOCAL MEMBER AGREEMENT State of Texas, County of Tarrant Name of Organization and Purpose Name: The name of this governmental organization shall be the North Central Texas Regional Certification Agency, Inc. ("NCTRCA"). Purpose: The purpose of the NCTRCA shall be to review, process, and complete applications for certification as a: Minority or Women Owned Business Enterprise ("M/WBE"). Disadvantaged Business Enterprise ("DBE") Small Business Enterprise ("SBE") Airport Concession Disadvantage Business Enterprise ("ACDBE"), in accordance with federal, state and local laws and regulations, as well as guidelines adopted by the NCTRCA. NCTRCA is responsible for maintaining and securing the entire NCTRCA certified database according to United States Department of Transportation policies and procedures. NCTRCA is responsible for abiding by the standards and procedures of the Texas Unified Certification Program that governs the DBE/ACDBE certification program. Fully Funded Membership Fully Funded Members: Fully funded members of the NCTRCA are those governmental member entities that have paid the appropriate membership fee as designated by the specific population category as listed in Exhibit "A" attached hereto. Membership Fee: Membership fee is determined by the specific population category as listed in Exhibit " A " attached hereto. New Members: New members to NCTRCA shall be governed by the NCTRCA By-laws and reasonable procedures, not inconsistent with this Agreement. Powers Reserved Powers Reserved: The Board of Directors shall have all legal powers not inconsistent with this Interlocal Member Agreement. Term of Agreement The term of this agreement is annual. �� '� � �� i�� t1R V ��Dail 11 j FT. NOR v H� A Automatic Renewal: This Agreement shall automatically renew annually unless the member entity chooses to withdraw from the NCTRCA. Withdrawal: A member entity is not considered withdrawn from the NCTRCA unless it gives written notice of its intent to withdraw to the NCTRCA not less than sixty (60) days prior to the 1St day of the agency's fiscal year, (September 1 August 31). A member entity may not withdraw prior to the end of the NCTRCA's fiscal year without forfeiting its share of the NCTRCA's annual budget. The written notice of intent to withdraw should be mailed via U.S. Mail prepaid to the NCTRCA at the following: North Central Texas Regional Certification Agency c/o Chair of the Board 624 Six Flags Drive, Suite 100 Arlington, Texas 76011 Database NCTRCA Management System: Under the terms of this Agreement, the designated member entity board representative is responsible for the member entity password security. No current or past member entity shall release any copy or a portion of the agency's NCTRCA Certification database to any individual, organization, agency entity, business, company, corporation or any other organized group, etc. This section does not prohibit the member entity representative from providing potential M/WBE subcontractors listings on behalf of their prospective entity. Funding Annual Appropriation: The operations of the NCTRCA shall be funded through an annual appropriation to be set and approved by the Board of Directors as set forth herein and in the by- laws. Each member entity, by its execution hereof, agrees to and shall pay to the NCTRCA its share of the annual appropriation based on the NCTRCA Approved Fee Scale and Membership Criteria listed in Exhibit "A". Said payment shall be due on or before December 31 of each calendar year, or within thirty (30) days of the execution of this Agreement. All annual appropriations must be approved by a majority of the Board of Directors in accordance with provisions set forth in the by-laws. A copy of the aforementioned NCTRCA Approved Fee Scale shall be electronically sent to the representative of each member entity by August 1 of current fiscal year. Third-Party Contracts: The by-laws may provide procedures for entering into contracts with third parties who may not legally enter into this Agreement, for purposes consistent with this Agreement. The Board of Directors shall determine the terms and conditions for such agreements, as long as these terms and conditions are not more favorable to the third parties than the terms of this Agreement are to the member entities. Miscellaneous INTERLOCAL MEMBER AGREEMENT NORTH CENTRAL TEXAS REGIONAL CERTIFICATION AGENCY This North Central Texas Regional Certification Agency ("NCTRCA") Interlocal Member Agreement ("Agreement"), is made and entered into as of the date specified herein by and among the local governmental agencies specified (the "Participant"); WITNESSETH Whereas, it is in the best interest of the Participants to this Agreement to jointly provide certification and other related services for the Disadvantaged Business Enterprise, Minority and/or Women-Owned Business Enterprises (D/M/WBE) and Airport Concession Disadvantage Business Enterprises (ACDBE) programs of the individual local governmental agencies; and Small Business Enterprises (SBE) certification; Whereas, the State of Texas, Chapter 791 of the Interlocal Cooperation Act, (hereinafter referred to as the "Act") has provided that local governmental agencies may contract or agree with one or more local governmental agencies to provide governmental functions and services which improve the efficiency and effectiveness of the local governmental agencies' performance of administrative and certification functions; and Whereas, Section 791.013(a) of the Act authorizes the parties to an Interlocal Member Contract to create an administrative agency or designate an existing local governmental agency to supervise the performance of the contract; Now, therefore, the Participants, in consideration of the promises and other good and valuable consideration received , hereby contact and agree one with the other to create an agency pursuant to Section 791.013(b) of the Act to employ certification agency staffing personnel to perform the administrative activities and provide administrative services necessary to perform the Interlocal Member contract as follows: 6�BTY` G� 7iQG �T Venue and Governing Law: This Agreement shall be governed by and constrt accordance with the laws of the State of Texas, with venue for any legal actions lying exclusively in the counties of Dallas and Tarrant, Texas. Severability: In case any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be considered and remain in force as if such invalid, illegal or unenforceable provision(s) had never been contained in the Agreement. Captions: The captions to various clauses to this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. Entire Agreement and Merger: This Agreement embodies the complete agreement of the parties hereto relating to the matter contained therein and supercedes any prior agreements, written and oral, and cannot be modified except as provided herein by written addendum or agreement of all the member entities. Execution in Counterparts: This Agreement may be executed in counterparts by the execution of a separate signature page by each member entity, indicating the date of the annual execution by each member entity, and, after full execution hereof in such manner, the same shall be deemed to be one and the same instrument. At least one (1)-signed copy shall be forwarded to the NCTRCA offices where it will be kept on file for the benefit of the member entities. INTERLOCAL MEMBER AGREEMENT Signature Page On behalf of the Fort Worth City Council I acknowledge that City of Fort Worth (Governing Body) (Name of Entity) will be a participant in this Interlocal Member Agreement and that our contribution as a participant for calendar year 2016 shall be $ 39,888.00 as established by the approved annual appropriation for the Agency. Name: (Autho d Executor) Dat Title: City ManagerOR �oT Attest By: G 8 , 0 08 ° - �'0°Qa00000 Attested b ; T (SEAL) / APPROVED AS TO FORK(AND LEGALITY airy J----- er Sectary I�tant Cl�yy Atto€nip NCTRCA Fee Scale and Membership Criteria (effective 9-1-2013 & 2016) Membership is open to any governmental entity in the North Central Texas Council of Government Region which agrees to terms and conditions of the Interlocal Cooperation Agreement. Governmental entity will execute the agreement and contributes its share of the operating budget of the NCTRCA. New participants must apply to and be approved by the Board of Directors, which consist of member entities. The fee scale for member entities of the NCTRCA is an assessment based on the population it serves according to the most recent State of Texas population estimates on a per annum basis. Category Population Per Annum Fee plus 10% Increase 1 250,001 plus $37,989 $39,888 2 100,001 to 250,000 $22,795.50 $23,935 3 50,001 to 100,000 $14,475 $15,198.75 4 10,001 to 50,000 $ 3,620 $ 3,801 5 0 to 10,000 $ 1,460 $ 1,533 6 Regional Air Facilities $37,989 $39,888 7 Surface Transit Agency $37,989 $39.888 8 Federally Funded Agencies $37,989 $39,888 9 Municipal, County or Regional Governmental Entities and Housing Authorities (Without independent taxing authority) $ 7,602 $7,982.10 10 With independent taxing authority $37,989 $39,888 11 Corporations with Tax Abatements (non-voting membership) $10,000 $10,500 12 Associates Members $10,000 $10,500 Make Up of Categories 1 City of Dallas, City of Fort Worth 2 City of Irving, City Mesquite 3 City of DeSoto 4 City of Lancaster 5 Currently None 6 DFW Airport 7 DART, The"T", NTTA 8 School Districts (based on population): Dallas County, DCCCD, DISD, Irving ISD, TCCD 9 Currently None 10 TRW D 11 Currently None 12 Austin Industries, Baylor Health Care System, Ferrovial Argroman Year Location *Population 2011 City of Dallas 1,223,229 2011 City of DeSoto 50,045 2011 City of Irving 220,702 2011 City of Fort Worth 758,738 2011 City of Lancaster 37,097 2011 City of Mesquite 142,674 2011 Dallas County 2,416,014 *All population date retrieved from the U.S. Census Bureau on 12/12/2012 NCTRCA Fee Scale and Membership Criteria (effective 9-1-2013 &2016) Membership is open to any governmental entity in the North Central Texas Council of Government Region which agrees to terms and conditions of the Interlocal Cooperation Agreement. Governmental entity will execute the agreement and contributes its share of the operating budget of the NCTRCA. New participants must apply to and be approved by the Board of Directors, which consist of member entities. The fee scale for member entities of the NCTRCA is an assessment based on the population it serves according to the most recent State of Texas population estimates on a per annum basis. Category Population Per Annum Fee plus 10% Increase 1 250,001 plus $37,989 $39,888 2 100,001 to 250,000 $22,795.50 $23,935 3 50,001 to 100,000 $14,475 $15,198.75 4 10,001 to 50,000 $ 3,620 $ 3,801 5 0 to 10,000 $ 1,460 $ 1,533 6 Regional Air Facilities $37,989 $39,888 7 Surface Transit Agency $37,989 $39.888 8 Federally Funded Agencies $37,989 $39,888 9 Municipal, County or Regional Governmental Entities and Housing Authorities (Without independent taxing authority) $ 7,602 $7,982.10 10 With independent taxing authority $37,989 $39,888 11 Corporations with Tax Abatements (non-voting membership) $10,000 $10,500 12 Associates Members $10,000 $10,500 Make Up of Categories 1 City of Dallas, City of Fort Worth 2 City of Irving, City Mesquite 3 City of DeSoto 4 City of Lancaster 5 Currently None 6 DFW Airport 7 DART, The"T", NTTA 8 School Districts (based on population): Dallas County, DCCCD, DISD, Irving ISD,TCCD 9 Currently None 10 TRWD 11 Currently None 12 Austin Industries, Baylor Health Care System, Ferrovial Argroman Year Location *Population 2011 City of Dallas 1,223,229 2011 City of DeSoto 50,045 2011 City of Irving 220,702 2011 City of Fort Worth 758,738 2011 City of Lancaster 37,097 2011 City of Mesquite 142,674 2011 Dallas County 2,416,014 *All population date retrieved from the U.S. Census Bureau on 12/12/2012 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas FORT VV0RTI I CITY COUNCILAGENDA COUNCIL ACTION: Approved on 1/12/2016 DATE: 1/12/2016 REFERENCE **G-18631 LOG NAME: 17NCTRCAMEMBER16 NO.. CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with North Central Texas Regional Certification Agency and Payment for the City of Fort Worth's Fiscal Year 2016 Membership in the Amount of$39,888.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Interlocal Agreement with North Central Texas Regional Certification Agency to provide certification and other related services for the Disadvantaged Business Enterprise, Minority and/or Women-Owned Business Enterprises and Small Business Enterprises certification; and 2. Authorize a payment for the City of Fort Worth's Fiscal Year 2016 Membership with the North Central Texas Regional Certification Agency in the amount of$39,888.00. DISCUSSION: The North Central Texas Regional Certification Agency (NCTRCA) provides Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE), Small Business Enterprises (SBE) certification and Woman Business Enterprise (WBE) certification services for the City of Fort Worth and 14 other entities within the Dallas/Fort Worth area. The NCTRCA is responsible for ensuring that only firms that meet the eligibility criteria are certified as DBEs, MBEs SBE's and WBEs. The NCTRCA provides an efficient and cost effective certification service for the City of Fort Worth while also eliminating the need for firms to go through a separate certification process for each the NCTRCA's 15 members. Membership with the NCTRCA will, upon approval by the City Council, be effective from October 1, 2015 through September 30, 2016 and shall automatically renew annually unless the City chooses to withdraw from NCTRCA. This contract will be with a governmental entity, state agency or public institution of higher education: (North Texas Regional Certification Agency). FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. As of December 10, 2015, FY2016 appropriations included $43,338.00; upon approval of the above recommendation, the amount of$3,450.00 will remain. TO _ _ — Fund Department Account ProjectProgram Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM _ Fund Department Account Project Program Activity I Budget Reference# Amount � �-- ------�---- t T- _ j--- _ 1__ http://apps.cfwnet.org/council_packet/me–review.asp?ID=21841&councildate=1/12/2016 2/2/2016 M&C Review Page 2 of 2 ID ID Year I (Chartfield 2 10100 0175000 ___2016 $39,888.001 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Robert Sturns (2663) Additional Information Contact: Robert Sturns (2663) ATTACHMENTS NCTRCA INTERLOCAL MEMBER AGREEMENT JULY 2015.pdf http://apps.cfwnet.org/council_packet/mc—review.asp?ID=21841&councildate=1/12/2016 2/2/2016