HomeMy WebLinkAboutContract 59824CSC No. 59824
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND
TEXAS A&M UNIVERSITY SYSTEM
This Interlocal Agreement ("Agreement") is made between the City of Fort Worth ("Fort
Worth") and The Texas A&M University System ("TAMUS").
WHEREAS, the Texas State Legislature has authorized the formation of interlocal
cooperating contracts between and among governmental entities;
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code which authorizes Fort Worth and TAMUS to enter
into this Agreement for purposes of providing a governmental function or service that each party
to the contract is authorized to perform individually;
WHEREAS, Fort Worth and TAMUS desire to enter into this Agreement to share costs
of the design and construction of utilities ("Utilities") on and around the property on which
TAMUS' Law and Education Building in downtown Fort Worth ("Law School");
WHEREAS, Fort Worth will reimburse TAMUS for the design of the Utilities and waive
Temporary Encroachment fees for long term street and sidewalk closures, save and except
parking meter rental fees associated with the construction of the Law School;
WHEREAS, the governing bodies of Fort Worth and TAMUS find that this Agreement
is necessary for the benefit of the public and the performance of this Agreement is in the
common interest of both parties;
WHEREAS, the governing bodies of Fort Worth and TAMUS have authorized entering
into this Agreement; and
WHEREAS, the governing bodies of Fort Worth and TAMUS, in paying for the
performance of governmental functions or in performing such governmental functions, shall
make payments only from current revenues legally available to such party.
NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements
contained herein, the parties do hereby agree as follows:
1. Pumose. The purpose of this Agreement is to share certain costs related to the
design and construction of utilities on and around TAMUS' Law and Education Building in
downtown Fort Worth and waive certain fees associated with the same utilities.
2. Fort Worth Responsibility. Fort Worth shall pay TAMUS for the cost to design
the Utilities in an amount up to one hundred and fifteen thousand and no/100 dollars
($115,000.00). Fort Worth will make payment to TAMUS for the amount reflected in the
OFFICIAL RECORD
Interlocal Agreement between Fort Worth and TAMUS CITY SECRETARY Page 1 of 4
FT. WORTH, TX
monthly statement sent by TAMUS no later than 30 days from the date of Fort Worth's receipt
of the statement.
3. TAMUS Resbonsibility. TAMUS shall be responsible for hiring an engineer to
design the Utilities and send a monthly statement to Fort Worth detailing the total compensation
paid to the engineer for design of the Utilities.
4. Term and Termination. This Agreement shall begin upon the last day executed by
all authorized parties (the "Effective Date") and both TAMUS and Fort Worth agree to use
reasonable diligence in performing all of their respective obligations and duties under this
Agreement, but in no event will the time performance by the parties to this Agreement extend
beyond twelve (12) months from the Effective Date,
5. Immunity. It is expressly understood and agreed that in the execution of this
Agreement, no party waives nor shall be deemed hereby to waive any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions.
6. Assignment. TAMUS shall not have the right to assign or subcontract any of its
duties, obligations or rights under this Agreement without the prior written consent of Fort
Worth, which such right shall be granted solely at the discretion of Fort Worth.
7. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Texas.
8. Remedies. No right or remedy granted herein or reserved to the parties is
exclusive of any other right or remedy herein by law or equity provided or permitted; but each
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the parties. Forbearance or
indulgence by either party shall not constitute a waiver of any covenant or condition to be
performed pursuant to this Agreement.
9. Severability_ . If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired.
10. Amlicable Law. This Agreement is entered into subject to the interlocal
Cooperation Act, the governing charters and ordinances of Fort Worth and TAMUS, as they may
be amended from time to time, and is subject to and is to be construed, governed and enforced
under all applicable Texas and Federal law.
11. Entire Agreement. This written instrument contains the entire understanding and
agreement between Fort Worth and TAMUS as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with this Agreement. This Agreement may not be amended unless set forth in writing
and signed by both parties.
12. Signature Authoritv. The person signing this agreement hereby warrants that
he/she has the legal authority to execute this agreement on behalf of the respective party, and that
such binding authority has been granted by proper order, resolution, ordinance or other
Interlocal Agreement between Fore Worth and TAMUS Page 2 of 4
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
13. Independent Contractors. It is expressly understood and agreed that TAMUS shall
operate as an independent contractor as to all rights and privileges granted herein, and not as
agent, representative or employee of Fort Worth. Subject to and in accordance with the
conditions and provisions of this Agreement, TAMUS shall have the exclusive right to control
the details of its operations and activities and be solely responsible for the acts and omissions of
its officers, agents, servants, employees, contractors and subcontractors. TAMUS acknowledges
that the doctrine of respondeat superior shall not apply as between Fort Worth, its officers,
agents, servants and employees, and TAMUS, its officers, agents, employees, servants,
contractors and subcontractors. TAMUS further agrees that nothing herein shall be construed as
the creation of a partnership or joint enterprise between Fort Worth and TAMUS.
14. No Waiver. The failure of either party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein shall not
constitute a waiver of that parry's right to insist upon appropriate performance or to assert any
such right on any future occasion.
15. Non -Appropriation of Funds. Fort Worth and TAMUS will use best efforts to
appropriate. sufficient funds to support obligations under this Agreement. However, in the event
that sufficient funds are not appropriated by either party's governing body, and as a result, that
party is unable to fulfill its obligations under this Agreement, that party (i) shall promptly notify
the other party in writing and (ii) may terminate this Agreement, effective as of the last day for
which sufficient funds have been appropriated.
16. Right to Audit. TAMUS agrees that Fort Worth shall, until the expiration of three
(3) years after termination of this Agreement, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers, records, and communications
of TAMUS involving transactions relating to this Agreement at no additional cost to Fort Worth.
TAMUS agrees that Fort Worth shall have access during normal working hours to all necessary
TAMUS facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. Fort Worth shall give TAMUS
reasonable advance notice of intended audits.
IT Liability. Nothing in the performance of this Agreement shall impose any liability
for claims against Fort Worth and TAMUS other than claims for which liability may be imposed
by the Texas Tort Claims Act.
18. Amendments. No amendment to this Agreement shall be binding upon either
party hereto unless such amendment is set forth in writing, and signed by both parties.
19. Force Maieure. The parties shall exercise their best efforts to meet their respective
duties and obligations hereunder, but shall not be held liable for any delay in or omission of
performance due to force majeure or other causes beyond their reasonable control, including, but
not limited to, compliance with any state or federal law or regulation, acts of God, acts of
omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions,
transportation problems or existing contractual obligations directly related to the subject matter
of this Agreement.
Interlocal Agreement between Fort Worth and TAMUS Page 3 of 4
20. Notice. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its
agents, employees, servants or representatives, (2) delivered by facsimile with electronic
confirmation of the transmission, or (3) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
City of Fort Worth The Texas A&M University System
Attn: Chris Harder Attn: Billy Hamilton, Deputy Chancellor
200 Texas Street and Chief Financial Officer
Fort Worth TX 76102-6311 Moore/Connally Bldg. 761 Floor
With Copy to the City Attorney 301 Tarrow
At same address College Station, Texas 77840-7896
Executed effective as of the date signed by the Assistant City Manager below
City:
Oana Buy tHdoff
By: Dana Burghdoff (Jul 2 , 202318:53 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date:
TAMUS:
By:
Name: Bi y Hamilt n
Title: Deputy Ch cellor and Chief
Financial Officer
Date:
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
CGc�� fr7e� of this contract, including ensuring all performance
By: Chrlstopher Harter (JAI 24, 2023 09:27 CDT) and reporting requirements.
Name: Christopher Harder
Title: Water Director
Approved as to Form and Legality:
Qr3 �taoir�-
By: OO
Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-0518
Interlocal Agreement between Fort Worth and TAMUS
By:
Name: Matt Kusnir
Title: Engineering Manager
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By:
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0518
LOG NAME: 60WSTAMUS ILA
SUBJECT
(CD 9) Approve Allocation from the American Rescue Plan Act State and Local Fiscal Recovery Funds in the Amount of $50,000.00, Authorize
Execution of an Interlocal Agreement with the Texas A&M University System Regarding Reimbursement of Public Water and Sewer Infrastructure
Design Costs Associated with the Texas A&M Fort Worth Campus Project in an Amount not to Exceed $115,000.00, Waive Temporary
Encroachment Fees for Long Term Street and Sidewalk Closure and Adopt Appropriation Ordinances
RECOMMENDATION:
It is recommended the City Council:
1. Approve the allocation of $50,000.00 from the American Rescue Plan Act State and Local Fiscal Recovery Funds for the reimbursement of
public water and sewer infrastructure design costs associated with the Texas A&M Fort Worth Campus Project;
2. Authorize the execution of an Interlocal Agreement with the Texas A&M University System regarding reimbursement of public water and
sewer infrastructure design costs associated with the Texas A&M Fort Worth Campus project in an amount not to exceed $115,000;
3. Authorize the waiver of temporary encroachment fees for long term street and sidewalk closure required for the construction Texas A&M Law
and Education Building;
4. Adopt the attached Appropriation Ordinance adjusting estimated receipts and appropriations by decreasing estimated receipts and
appropriations in the Grants Operating Federal Fund in the amount of $50,000.00 and increasing estimated receipts and appropriations in
the Grants Cap Projects Federal Fund by the same amount, for the purpose of the reimbursement of public water and sewer infrastructure
design costs associated with the Texas A&M Fort Worth Campus Project (City Project No. 104855); and
5. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects
Fund in the amount of $65,000.00, from available funds, for the W/SS A&M Fort Worth Campus (City Project No. 104855) to effect a portion
of Water's contribution to Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor & Council Communication (M&C) is to authorize execution of an Interlocal Agreement (Agreement) with Texas A&M
University System (TAMUS) to reimburse TAMUS for design costs associated with planned public water and sewer improvements, and waive the
collection of temporary encroachment fees for long term street and sidewalk closures associated with construction of the new Law and Education
building.
In January of this year, TAMUS announced the selection of the design team and contractor for the construction of the new Law and Education
building as part of the Texas A&M Fort Worth Campus with the intent on breaking ground on the project in June of this year. A component of the
project includes the replacement of older existing undersized public water and sewer lines needed to support their development and surrounding
area. To help expedite the construction of the public water and sewer infrastructure, TAMUS's engineering design firm for their project, Stantec, will
add the design costs for the public infrastructure to their engineering services contract with TAMUS. Under the Agreement, the City will reimburse
TAMUS for the engineering design costs in an amount not -to -exceed $115,000.00. Funds for the reimbursement will come from ARPA revenue
recovery funds set aside for the Texas A&M Fort Worth campus project and Water & Sanitary Sewer utility funds.
The ILA agrees to waive temporary encroachment fees for long term street and sidewalk closures associated with construction of the Law and
Education building.
Allocation of ARPA Subtitle M Fundinq.
Under the previously approved M&C 22-1076, it was indicated that both the City and Tarrant County would be utilizing American Rescue Plan Act
(ARPA) dollars under Section 603(c)(1)(C) of Title VI of the Social Security Act (added by ARPA) to fund their respective participation in the
Innovation Hub.
The provision of government services impacted is a specifically identified use of ARPA dollars under Section 603(c)(1)(C) of Title VI of the Social
Security Act (added by ARPA). Treasury Department guidance specifically notes that these State and Local Fiscal Recovery Funds can be
deployed for the provision of government services in support of the economic recovery of the City and community.
Approval of this M&C will allocate $50,000.00 for Fiscal Year 2023 in the American Rescue Plan Act project in the Grants Operating Federal Fund
budget for transfer to the TXAMU Innovation Project. Necessary reporting and documentation requirements will be followed to ensure the City can
comply with all reporting requirements of the ARPA legislation.
The following chart reflects the current status for allocation of the City's ARPA funding under Subtitle M and incorporates each ARPA M&C on the
June 27, 2023 Council Agenda:
M&C's
Total CFW
ARPA �.$173,745,090.00 21-0445 362021 AMERICAN RESCUE PLAN
Subtitle M
Funding
I
I
Allocations II
Approved 6,000,000.00 21-0794 25ARPA-VFW-TDG
To -Date
Allocations
Approved 1,000,000.00 21-0805 13ARPA-ADMINISTRATION
To -Date
i
Allocations 21-0810 17ARPA ALLOCATIONS EVANS &
Approved 4,245,533.42 ROSEDALE REDEVELOPMENT
To -Date
Allocations 21-0811 17ARPA ALLOCATIONS UNTHSC
Approved 2,400,000.00 TECHSTARS
To -Date
Allocations 21-0814 19ARPA ALLOCATIONS TO HOUSING AND
Approved 10,100,000.00 HUMAN SERVICES PROJECTS
To -Date
Allocations 21-0809 19ARPAALLOCATION CDFI FRIENDLY
Approved 3,000,000.00 AMERICA
To -Date
Allocations
Approved 300,000.00 21-0820 25ARPA-WRMC MURAL PLAQUES
To -Date
Allocations 21-0935 21ARPA-PEG FUNDING -FUTURE CITY
Approved 6,400,000.00 HALL
To -Date
Allocations
Approved 8,000,000.00 21-0908 23ARPA-VACCINATIONS AND TESTING
To -Date
Allocations
Approved 4,560,000.00 21-0913 25ARPA-PED\\\_CAPITAL\\\_RESTORE
To -Date
Allocations 21-0934 21ARPA-FWCC EXPANSION FUNDING &
Approved 52,000,000.00 PROJECT MANAGEMENT
To -Date
Allocations 22-0268 17ARPA CENTER FOR TRANSFORMING
Approved 3,000,000.00 LIVES
To -Date
i
Allocations 22-0270 19ARPA ALLOCATION FOR PERMANENT
Approved 5,000,000.00 SUPPORTIVE HOUSING
to -Date
Allocations 22-0368 04ARPANEIGHBORHOOD WIFI CARES
Approved 7,091,047.00 RATIFICATION/ARPAALLOCATION
to -Date
Allocations
Approved 3,595,000.00 22-0366 04ARPA INFRASTRUCTURE PROGRAM
to -Date
Allocations
Approved 3,675,000.00 22-0367 04ARPA CYBERSECURITY PROGRAM
to -Date
Allocations 22-0789 MMA INFRASTRUCTURE —
Approved 16,000,000.00 STREETLIGHTS & PEDESTRIAN SAFETY
to -Date
Allocations I22-0789 MMA INFRASTRUCTURE —COBB &
Approved 2,500,000.00 HIGHLAND HILLS PARKS
to -Date
Allocations
Approved 3,200,000.00 22-0789 TARRANT AREA FOOD BANK FACILITY
to -Date
Allocations ' 22-0789 POLICE AND FIRE COVID WORKER'S
Approved 2,000,000.00 COMPENSATION CLAIMS
to -Date
Allocations
Approved
to -Date
Allocations
Approved
to -Date
Allocations
Approved
to -Date
Allocations
Approved
to -Date
Allocations
Approved
to -Date
Allocations
Approved
to -Date
1,458,372.00 22-0789 POLICE COVID HEALTH EXPENDITURES
750,000.00 22-0789 VISIT FORT WORTH SPECIAL EVENT
FUNDING
4,411,080.00 22-0789 UNITED WAY ONE SECOND
COLLABORATIVE
8,000,000.00 22-0789 DEEPLY AFFORDABLE HOUSING
INFRASTRUCTURE & DRAINAGE
1,500,000.00 22-0789 FORT WORTH ZOO ROAD REPAIR,
EROSION CONTROL, BROADBAND
200,000.00 22-0789 TX WESLEYAN ON -CAMPUS PUBLIC
UTILITY RELOCATION
I.
Allocations I 22-0789 WILL ROGERS MC AIR HANDLER
Approved 1,925,000.00 REPLACEMENT
to -Date
Allocations 122-0789 WILL ROGERS MC CONCOURSE, LOBBY
Approved 5,950,000.00 AND RESTROOM UPDATES
to -Date
Allocations
Approved
2,000,000.00 23-0284 ARPA FWTC INNOVATION PARTNERSHIP
to -Date
i
Pending
Allocation
100,000.00 13ARPA CENTRAL MULTIMODAL MOBILITY HUB
— — — —
Reclaimed
Funds
(4,216,902.00) 13ARPA CENTRAL_MULTIMODAL MOBILITY HUB
— — —
Pending
Allocation
50,000.00 60WSTAMUS ILA (This M&C)
Remaining
Unallocated
$7,550,960.58
Balance
A breakdown of the Remaining Unallocated Balance of ARPA SLFRF funding is detailed below:
(Amount I Project '
$2,950,000.00 Revenue Recovery Funds - Held for Texas A&M University System Research and Innovation Hub
I� 65,682.00 1(Revenue Recovery Funds - Held in contingency for project shortfalls
I1$4,535,278.58 JINon-Revenue Recovery Funds - Held for City-wide Broadband Infrastructure
II$7,550,960.58Total - Remaining Unallocated Balance
It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in
support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows:
60WSTAMUS ILA:
Capital p Project FY2023 CIP Budget Change Revised
Fund Name Appropriations Authority (Increase/Decrease FY
Name 2023
Budget
W&S
104855
Capital
— W//SS
Projects Fort $0.00 This M&C
- Fund
Worth
56002
Campus
I
I
$65,000.00 $65,000.00
Funding is budgeted in the Unspecified -All Funds Project with in the Water & Sewer Capital Project Fund for the purpose of funding the W/SS
A&M Fort Worth Campus project within the Water & Sewer Capital Projects Fund.
Appropriations for Water and Sanitary Sewer A&M Fort Worth Campus project, are as depicted below:
Additional
Fund Existing Appropriations Project
Appropriations Total*
(This M&C)
W&S Capital Projects
- Fund 56002 $0.00 $65,000.00 $65,000.00
Grants Cap Projects 0.00 50,000.00 50,000.00
Federal Fund - 31001
Project Total $0.00 $115,000.00 $115,000.00
I
"Numbers rounded for presentation purposes.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas
A&M University System
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the Water & Sewer Capital Projects
Fund and in the Grants Operating Federal Fund, and upon approval of the above recommendations and adoption of the attached appropriation
ordinance, funds will be available in the W&S Capital Projects Fund and Grants Cap Projects Federal Fund for the W/SS A&M Fort Worth
Campus project to support the approval of the above recommendations and execution of the engineering agreement. Prior to any expenditure
being incurred, the Water Department has the responsibility of verifying the availability of funds.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head: Christopher Harder 5020
Additional Information Contact: Roger Venables 6334