HomeMy WebLinkAboutContract 60515CSC No. 60515
INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY AND
CITY OF FORT WORTH FOR THE L VT RISE CHILDCARE FACILITY
This Interlocal Agreement ("Agreement") is between Tarrant County (the "COUNTY"), a
political subdivision of the State of Texas, and City of Fort Worth, a local unit of government
(collectively, the "Parties"), and shall be effective upon signature by the Parties ("Effective Date").
The Parties have reviewed this Agreement and agree to the following:
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a
worldwide pandemic; and
WHEREAS, on March 11, 2021, President Joseph Biden signed the American Rescue Plan
Act ("ARPA") to provide support to state and local governments to respond to the financial
impacts of the COVID-19 pandemic; and
WHEREAS, the State and Local Fiscal Recovery Funds ("FRF Funds") authorized through
ARP A (C.D.F.A. #21.027) are to be used to mitigate the ongoing effects of COVID-19 and support
the nation's pandemic recovery; and
WHEREAS, the COUNTY has received FRF Funds to respond to the continuous impact
of COVID-19 as outlined in the Interim Final Rule promulgated by the Depaitment of Treasury
("Treasury"); and
WHEREAS, Treasury has issued guidance for the use of FRF Funds in the form of
Frequently Asked Questions and will continue to issue guidance and clarification on the
appropriate use of these funds; and
WHEREAS, the COUNTY and City of Fort Worth both find FRF Funds distributed in
accordance with this Agreement shall meet the eligible uses outlined in the Treasury's Interim
Final Rule, subsequent final rule and additional guidance; and
WHEREAS, the COUNTY and City of Fort Worth find that the program(s) and related
expenditures outlined in this Agreement are eligible under current FRF Funds guidance and rules
promulgated by the Treasury and find that the program(s) outlined herein will mitigate the ongoing
effects of COVID-19 and support pandemic recovery in Tarrant County; and
WHEREAS, the lnterlocal Cooperation Act contained in Chapter 791 of the Texas
Government Code provides legal authority for the Parties to enter into this Agreement; and
WHEREAS, during the performance of the government functions and the payment for the
performance of those governmental functions under this Agreement, the Parties will make the
performance and payment from the current revenues legally available to that Party.
THEREFORE, the Parties agree as follows:
Page 1 of 12
Interlocal Agreement between TARRANT COUNTY and CITY OF FORT WORTH
I. SCOPE OF WORK
City of Fort Worth will construct a childcare facility as outlined in APPENDIX A.
II. DISTRIBUTION OF FUNDS
The COLINTY shall make available up to $2,750,000.00 (TWO MILLION SEVEN HUNDRED
FIFTY THOUSAND DOLLARS AND NO CENTS) to City of Fort Worth fi•om the
COLINTY'S FRF Funds for eligible eYpenses reflected in APPENDIX A and in accoi•dance with
the terms and conditions outlined below.
COUNTY approves and pays reimbursement requests within thirty (30) days of receipt of a
complete and accurate request form. Errors in the request form, including insufficient
documentation, may result in payment delays. City of Fort Worth is responsible for submitting a
complete and accurate i•equest. Payment is considered made on the date postmarlced.
Requests for payment may be submitted no more than once monthly and must contain the following
supporting documentation:
i. Signed Request for Reimbursement form.
ii. Invoice or draw request fi�om City of Fort Worth contt•actor pertaining to request for
payment.
Within 30 days of receipt of payment by City of Fort Worth, must provide to COUNTY:
i. Proof of payment of invoice or draw request provided with request for payment.
ii. Copy of General Ledger reflecting receipt of payment fi•om COtTNTY and payment of
sanie amount to City of Fort Wot-th contractor.
iii. Subsequent rec�uests for payment/draw requests may not be submitted until previous
requests have been substantiated with the supporting documentation outlined above.
City of Fort Worth agrees that COUNTY shall have the right to require City of Fort Worth to
repay in fiill up to $2,750,000.00 (TWO MILLION SEVEN HUNDRED FIFTY
THOUSAND DOLLARS AND NO CENTS) to COUNTY should City of Fort Worth fail to
fulfill the requirements as outlined het•ein and in APPENDIX A by the Agreement's termination
date.
By March 31, 2024, Ciry of Foi�t Worth shall provide to the COUNTY a plan to obligate any and
all remaining fiinds by December 31, 2024. Any funds not expected to be obligated by December
31, 2024, shall be recaptured by the COLTNTY.
III. TERM AND TERMINATION
This Agreement shall become effective upon signattu�e by both Parties and shall continue in full
force and effect until the termination date of December 31, 2025, unless terminated earlier in
accordance with this Agreement. If at any time City of Fort Worth becomes e�cluded, deban•ed,
or suspended from any state or federal program, this Agreement automatically terminates effective
Page 2 of 12
Interlocal Agreement bet�veen TARRANT COUNTY and CITY OF FORT WORTH
on the date of the suspension, revocation, or exclusion, and City of Fort Worth must stibmit a final,
formal statement in the manner set out above and below requesting payinent.
The COLTNTY may immediately terminate this Agreement, without prior notice, if City of Fort
Worth fails to perform any obligation found herein and the failure:
i. Creates a potential threat to health or safety: or
ii. Violated a law, ardinance, or regulation designed to protect health or safety.
Either party may terminate this Agreement without cause giving thirty (30) days written notice to
the other party. Upon receipt of notice to terminate, City of Fort Worth shall discontinue all
services in connection with the performance of this Agreement and shall proceed to promptly
cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this
Agreement. Upon termination of the Agreement, all assets purchased under this Agreement shall
transfer to the COLINTY.
Within thir•ty (30) days after receipt of a notice of termination, City of Fort Worth agrees to submit
an invoice showing, in detail, the costs incurred under this Agreement up to and including the date
of termination.
Force Ma'etl ire; In the event that either Party is unable to perform any of its obligation under the
Agreement ot• to enjoy any of the benefits because of natural disaster, global pandemic, actions or
decrees of governmental bodies or communication line failure not the fault of the affected party
(referred to as a"Force Majeure Event"), the Pat•ty who has been so affected immediately agrees
to give notice to the other party and agrees to do eveiything possible to resume performance. Upon
receipt of such notice, the Agreement is immediately suspended. If the period of nonperfot-mance
eYceeds ten (10) calendar days fi�om the receipt of notice of the Force Majeure Event, the Party
whose ability to perform has not been affected inay terminate the Agreement immediately by
giving written notice to the other Party.
IV. STANDARDS FOR FINANCIAL MANAG�MENT
In accordance with 2 CFR 200 Unifoim Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, City of Fort Worth will develop, iinplement and maintain
financial management and control systems, which include at a minimum accurate payroll,
accounting and financial reporting records, cost source documentation, effective internal and
budgetary controls, and determination of reasonableness, allowability and allocability of costs, and
timely and appropriate audits and resolution findings.
City of Fort Worth shall maintain an effective accounting system, which will:
i. Identify and record valid ti•ansactions
ii. Record transactions to the proper accounting period in �vhich transactions occurred
iii. Describe transactions in sufficient detail to permit proper classification
iv. Maintain records that permit the tracing of funds to a level of detail that establishes that
the funds have been used in compliance with Agreement requiremeuts
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Interlocal Agreement benveen TARRANT COLTNTY and CITY OF FORT WORTH
v. Adequately identify the source and application of fiinds of each grant agreement
vi. Generate current and accurate financial reports in accordance with agreement
requirements
V. GENERAL COMPLIANCE REQUIREMENTS
City of Fort Worth shall observe and comply with all applicable local, state, and federal laws,
rules, regulations, ordinances, and requirements, including, without limitation, workers'
compensation laws, minimum and maYimum salary and wage statues and regulations, non-
discrimination laws and regulations, and those set forth in 31 CFR Part 35. City of Fort Worth
shall be responsible for ensuring its compliance with any laws and regulations applicable to its
business, including maintaining any necessary licenses and permits.
VI. DAVIS-BACON REPORTING AND ADDITIONAL REQUIREMENTS
City of Fort Worth must comply with all Federal and State regulation, including Davis-Bacon and
Related Acts Compliance and Monitoring.
Davis-Bacon prevailing wage requirements apply to projects with a total project cost (not just the
amount of this contract) of TEN MILLION DOLLARS ($10,000,000.00) or gi•eater. All City of
Fort Worth's applicable projects with TEN MILLION DOLLARS ($10,000,000.00) or greater in
total project costs are required to comply with the Davis-Bacon prevailing wage requirements and
will provide proof of compliance and supporting documents as requested by County.
Additionally, 2 CFR 200.322 notes that City of Fort Worth should provide a pi•eference for the
purchase, acquisition, or use of goods, products or materials produced in the United States,
including but not limited to, iron, aluminum, steel, cement, and other manufactured products.
VII. MONITORING
City of Fot•t Worth agrees that COLTNTY will, until the expiration of the federal retention period
as r•eferenced in 2 CFR 200.334, have access to and the right to eYamine at reasonable times any
directly pertinent books, papers, and records (e.g., hard copies, computer-generated data) of the
City of Fort Worth involving transactions related to this Agreement. This right to audit also eYtends
to any obligations assigned to any subcontracts or agi•eements formed between City of Fort Worth
and any subcontractors to the e�tent that those subcontracts or agreements relate to fiilfillment of
City of Fort Worth obligations to COLTNTY under this Agreement. The City of Foii Worth must
a�t�ee that COLTNTY will have access during normal working hours to all necessa�y facilities, staff,
and wot�kspace to conduct audits. The COLTNTY will provide the City of Fort Worth with
reasonable advance notice of intended audits. The City of Fort Worth must provide records within
ten (10) business days or a mutually agreed upon timeline. City of Fort Worth may withhold any
information that it is rnandated to withhold to comply with state or federal law.
Page d of 12
Intei•local Agreement beriveen TARRANT COiINTY and CITY OF FORT WORTH
VIII. ALLOWABLE COSTS AND AVAILABILITY OF FUNDS
COUNTY payment to City of Fort Worth does not preclude COUNTY froin determining that
certain costs were ineligible for reimbuisement. If the COUNTY determines that a cost the
COUNTY has paid for is ineligible for reimbursement, the City of Foi-t Worth will refund the
ineligible amount to the COLTNTY. COLTNTY will determine whether costs submitted by City of
Fort Worth are allowable and eligible for reinlbursement. If COUNTY has paid funds to City of
Fort Worth for unallowable or ineligible costs, COUNTY will notify City of Fort Worth in writing,
and City of Fort Worth shall return the fiinds to COLTNTY within thirty (30) calendar days of the
date of this written notice. COLTNTY may withhold all or part of any payments to City of Fort
Worth to offset reimbursement for any tmallowable or ineligible eYpenditure that City of Foct
Worth has not refunded to COLTNTY, or if required financial report(s) are not submitted by the
due date(s).
Further, if at any time, FRF Ftulds are insufiicient or unavailable, then COLTNTY, upon providing
written notice to City of Foi�t Worth, may terminate this agreement without penalty.
IX. IND�PENDENT SINGLE OR PROGRAM SPECIFIC AUDIT
If City of Fort Worth, within City of Fort Worth fiscal year, eYpends a total amount of at least
SEVEN HLTNDRED FIFTY THOUSAND DOLLARS ($750,000.00) in federal fiinds awarded,
City of Fort Worth shall have a single audit or pt•ogram-specific audit in accordance with 2 CFR
Part 200 Subpart F. This federal threshold amount includes federal fimds passed through by way
of State and local agency awards. City of Foi-t Worth must provide a copy of completed single
audit, if applicable, to COUNTY no latet• than 60 days after filing with federal audit clearing house.
X. EQUIPMENT AND REAL PROPERTY
Any purchase of equipment must be consistent with the Uniform Guidance at 2 CFR Part 200
Subpart D. Equipment and real propei-ty constructed or acquired under this Agreement must be
used for the originally authorized puipose. Consistent with 2 CFR 200.3ll and 2 CFR 200.313,
any equipment or real property consti•ucted or acquired using federal funds shall vest in the non-
federal entity.
Procedures for managing equipment and real property must meet the following requirements:
i. Property records must be maintained that include a description of the equipment or
property, a serial number or other identification number, the source of fiinding for the
equipment or property, name of title holder, acquisition date, cost of the equipment or
propei•ty, percentage of federal participation in the project costs for the federal award under
which the equipment or pi•opei�ty was acquired, the location, use and condition of the
equipment or property, and any ultimate disposition data including the date of disposal and
sale price of the equipinent or property
ii. A physical inventory of the equipment or property must be tal<en, and the results reconciled
with the property records at least once every two (2) years
Page 5 of 12
Interlocal Agreenlent bet�veen TARRANT COUNTY and CITY OF FORT WORTH
iii. A control system must be developed to enstn�e adequate safeguards to prevent loss, damage,
or theft of the equipment or property. Any loss, damage, or theft must be investigated
iv. Adequate maintenance procedures must be developed to keep the equipment or property
in good condition, and
v. If the non-federal entity is authorized or required to sell the equipment or property, proper
sales procedures must be established to ensure the highest possible return.
When original or i•eplacement equipment or t•eal property acquired t�nder this Agreement is no
longer needed or in use for the project or program outlined herein, City of Fort Wot-th must request
disposition instructions fi�om the COUNTY.
XI. PERFORMANCE MEASUREMENT AND R�GULAR REPORTING
City of Fort Worth shall provide monthly reports to COLTNTY as outlined in APPENDIX B.
Additional measures may be established and reported on as mutually agreed to by City of Fort
Worth and COLTNTY. City of Fort Worth will submit fiscal, progress, programmatic, and other
reports as requested by COLTNTY in the approved format.
XIL DEBARMENT AND SYSTEM FOR AWARD MANAGEMENT
City of Fort Woi-th is not entitled to receive payment under this Agreement for services performed
by any personnel who have been eYcluded, debarred, or suspended under a federal program, unless
given eYplicit permission by the COUNTY. City of Fort Worth agrees to maintain an active
registration in the System for Award Management (SAM.gov).
XIII. SUBCONTRACTING AUTHORITY
City of Fort Worth may enter contracts as necessaiy for the performance of the scope of services
outlined in this Agreement. City of Fort Worth agrees to comply with all applicable ptu•chasing
laws in choosing subcontractors and executing any contracts pursuant to this Agreement. City of
For•t Worth must ensure that all subcontractors have not been excluded, debai-��ed, or suspended
under a federal program and all subcontractors must maintain an active registration in the System
for Award Management (SAM.gov).
XIV. ASSIGNMENT
City of Fort Worth may not assign all or any pai-t of its rights, privileges, oi• duties Lmder this
Agreement without the prior written approval of the COLTNTY. Any attempted assignment of same
without approval shall be void and shall constihite a breach of this Agi•eement. It is agreed that the
COLTNTY has the right to inspect and approve in writing any proposed subcontracts between City
of Foi-t Worth and any subcontractor engaged in any activity in conjLinction with projects
contemplated under this Agreement prior to any changes being incurred.
Page 6 of 12
Interlocal Agreement between TARR.ANT COLJNTY and CITY OF FORT WORTH
XV. DOCUMENTATION
City of Fort Worth shall lceep and maintain, for a period not less than five (5) years aftei• December
31st, 2026, all records relating to use of the FRF Funds described herein.
XVI. FORM 1295 COMPLIANCE
A form 1295 is not required because this agreement is with a governnzental entity.
XVII. ANTI-BOYCOTT STATUTES
City of Fort Worth must adhere to Anti-Boycott Statutes if City of Fort Worth is a for-profit entity
or business; City of Fort Worth has ten (10) or more full-time employees; and/or this Agreement
has a value of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) or more that is to be
paid wholly or partly from public funds of the governinent entity.
Boycott of Ener�v Companies Prohibited
In compliance with Section 2274.002 of the TeYas Government Code, City of Fort
Worth vet•ifies that it does not boycott energy companies and will not boycott energy
companies during the term of the above-desct•ibed agreement. `Boycott enet•gy
company" is defined in Section 809.001(1) of the TeYas Government Code (added by
87th Legislature, S.B. 13) and means, without an ordinary business pwpose, refiising
to deal with, terminating business activities with, or otherwise talcing any action that is
intended to penalize, inflict economic harm on, or limit commercial relations with a
company because the company: (A) engages in the exploration, production, utilization,
transportation, sale, or manufacttu�ing of fossil fiiel-based energy and does not commit
or pledge to meet environmental standards beyond applicable federal and state law; or
(B) does business with a company described by subsection (A).
ii. Boycott of Israel Prohibited
In compliance with Section 2271.002 of the Texas Government Code, City of Fort
Worth verifies that it does not boycott Israel and will not boycott Israel during the term
of this Agreement. `Boycott Israel" is defined by the Te�as Government Code in
Section 808.001(1).
iii. Discrimination A�ainst Fii•earm Entities or Firearm Trade Associations (FTAs�
In compliance with Section 2274.002 of the TeYas Government Code, City of Fort
Worth verities that it does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or FTA; and will not discriminate during the term
of tlle above-described Agreement against a firearnl entity or FTA. "Discriminate
against a firearm entity or fit•earm trade association" is defined in Section 2274.001(3)
of the Texas Government Code and means, with respect to the entity or association, to:
(i) refiise to engage in the trade of at7y goods or services with the entity or association
Page 7 of 12
Intei•local Agreement between TARRANT COiJNTY and CITY OF FORT WORTH
based solely on its status as a firearm entity or firearm trade association; (ii) refrain
fi•om continuing an existing business relationship with the entity or association based
solely on its statlis as a firearm entity or firearm trade association; or (iii) terminate an
eYisting business relationship with the entity or association based solely on its status as
a firearm entity or firearm trade association; the term does not include: (i) the
established policies of a merchant, retail seller, or platfoi•m that restrict or prohibit the
listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company's
refusal to engage in the trade of any goods or services, decision to refrain from
continuing an eYisting business relationship, or decision to terminate an eYisting
business relationship: (aa) to comply with federal, state, or local law, policy, or
regulations or a directive by a regulatoiy agency; or (bb) for any traditional business
reason that is specific to the customer or potential customer and not based solely on an
entity's or association's status as a firearm entity oi• firearm trade association.
iv. Scrutinized Business Operations Prohibited
In compliance with Section 2252.152 of the Texas Govecnment Code, City of Fort
Worth warrants and repi•esents that: neither City of Fort Worth nor any of its affiliates
engages in scrutinized business operations in Sudan, Iran, or with designated foreign
terrorist organizations. "Scrutinized business operations in Sudan" is defined in Section
2270.0052 of the TeYas Government Code. "Scrutinized business operations in Iran"
is defined in Section 2270.0102 of the TeYas Government Code. "Scrutinized business
opet�ations with designated foreign ter7•orist ot•ganizations" is defined in Section
2270.0152 of the Texas Government Code. City of Fort Worth further represents and
wai7•ants that neither City of Fort Worth nor any of its affiliates appears on any of the
TeYas Comptroller's Scrutinized Companies Lists.
XVIII. NOTICE
Any notice required or permitted to be delivered hereunder shall be deemed to have been given
when personally delivet•ed, or if mailed, seventy-two (72) hours after deposit of the satne in the
United States Mail, postage prepaid, certified, or i•egistered, return receipt requested, properly
addi•essed to the Parties hereto at the respective addresses set foi-th below, or at such other
addresses as they shall specify by written notice delivered to the following addresses:
TO THE COUNTY:
County Administrator
100 E Weatherford, Ste 404
Fort Worth, TeYas 76196
TO City of Fort Worth:
Neighborhood Services Department
200 Texas St.
Fort Worth, Texas 76102
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and enfor•ceable. If a court finds that any provision
of this Agr•eement is invalid or unenforceable, but that by limiting such provision it would become
valid and enforceable, then such provision shall be deemed to be written, construed, and enforced
as so limited.
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Interlocal Agreement between TAfZ.R.ANT COiJNTY and CITY OF FORT WORTH
XIX. tiI;�'I�.R_161LITY
ICan� ��ru� isic�n ��I�this :\`�recm�nt shall h� hcicl tu hr in��ilicl c�r un�nli�rccahlc I��r an� rcasun. th�
r�mainin�� pru��isi��ns shall continuc t�� hc �ali�! an�1 cn�orccablc. lf�a cuw-t finds that an�� ��ro���isiuu
��f�this �1��rc�mrnt is in���lic1 c�r un�nti�rccahlc. hut tht�t h� limitin�� such E�ru� isiun it ����ulc1 hccumc
�ali�i ancl enfin�ccahlc, thrn such ��r��risiun shall h� �Ieemcel te� he ��ritten. r��nstru��l. an�1 �nli�rcccl
as sa limil��i.
XX. ��PI'LIC��BLI? L.4���' F�N1) �'FNt!1?
This A��reen��nt is `�<�� crnc�l h� th� la��s c>I'the State c�t�"I c���s. l�his �.�clusi�c �tnue li�r an� artiun
arisin�� ��ut c�t�, in cunnection ��ith, ur in an� ���1� i�clatin`� tr> this :�`�rrcm�nt shall bc in �larrant
C��iu�t��. �l�e�a. il�liled in stat� c�i�u-t ��r lhe N��rth�rn Uistrict ��I�T��as. Fc�rt ��'��rth [�i���isiun if filccl
in ���ieral cc�urt.
\XL ENTIRE AGRE[?I��ICNT
�l�his :\`�r�cmcnt rcpres�nts th� cntii�e wulerst�►nclin�� h�t��c�n th� I'arti�s and supers��i�s all priur
r���rrs�ntatiuns.
\\Il. F.\[:Cl�'1�1ON
I his a�rc�mcnt ma� he ��ccutc:il in sc�cral cc�unt�r��art�. f�.ach rountcr��art is d��i»cc1 an ��ri`�in��l.
:��II cuuntrr�,art� lc��scth�r runstitutc ��n an�] th� samc in,trum�nt.
, (
�IGNH:U ANI) f;\F,CI�TI�.I) this ;� c1a� ��f� I���,' `,;';''I`,l ��( � ?(1�;.
CO1!nTl' OF'1'AItI2AN"I'
tiT.ATI? ()F�TF 'A�
..�-�-
�
�
�I-im O'[[arc
C'c�unt� .lud<�e
,<�I'PROVl�:[) ;A� 1O FOEZ�-1: CI�:J� fI1�ICf1l�lON OI� ��`�-SO� ODb '�
/ ��\I�.��f�.t�.`t�y�ti�).� � �
�
� _ � --= �v��t��z %�r= l � �c��t��'YC�'L..�
_l_�'� — _
C'riininal 1)i�tricl Att��rne� �s Of�lic� l arrant C���unt� :\uciitor ---
�13� la��. thc C��iminal I�istri�t :Att��rnc��'s OI�lic� ma�� �>nl�� a��r����c c��nU�acts lor its clicnts. A�'�
rr� i���e�l this �locum�nt as t�� Ic,rm t�rc�m c��u� rlicnt�s I���al persperti��. C)[h�r �arti�� ma� not r�pl�
��n thi� appra��al. lnstead. th��s� p�irtics sh��uld seek «�ntrart rr��ic��� f�rom indr���ndrnt c<��insel.
I'a��r 9 �,f I'_
Intcrlucetl A��re�ment bet�����n f:AIZR.�\N�f �C)f ��ITY an� CI I�Y OF FO[L�[ 4VORTI I
CITY OF FORT WORTH: By: Name: Fernando Costa
Title: Assistant City Manager
Date: Nov 3, 2023 APPROVAL RECOMMENDED: By: Name: Victor Turner
Title: Director, Neighborhood Services ATTEST: By:
Page 10 of 12
: Jannette S. Go
City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: Name: Terrance Jones
Title: Neighborhood Services Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Leslie L. Hunt
Title: Senior Assistant City Attorney CONTRACT AUTHORIZATION: M&C:23-0942
Interlocal Agreement between TARRANT COUNTY and CITY OF FORT WORTH
APPENDIX A
SCOPC OF WORK
Pro�erty Address: 8201 Calmont Ave., Fort Worth, TeYas 76116
Project Description: Proposed 12,700 square foot child care facility with 8 classrooms.
Planned Total $5,500,000.00
Construction Cost
Allowable Use(s) of FRF Funds may be used toward pre-construction costs including site
FRF Funds preparation, testing, engineering and design, as well as fot•
construction costs, including FF&E.
FRF Assistance $2,750,000.00
Projects must meet the following requirements:
• Minimum 12,200 square feet (sq. ft.) facility �
• Minimum of 9 program areas, each ranging fi•om 360 sq. ft. to 1800 sq. ft. (Early Head Start
requirement)
• Minimum of 25% of classrooms will be used for Early Head Start services
• Minimum of 80 sq. ft. times 25% licensed capacity of designated outdoor play area
• Parking to accommodate a minimtuil of 22 employees
• Building will need to be eligible for an Education or Education/Institutional Certiiicate of
Occupancy
Page 11 of 12
Interlocal Agi•eement between TAR_R.ANT COUNTY and CITY OF FORT WORTH
APPENDIX B
PROGRAMMATIC REPORTING
Required Reporting Dates, as per U.S. Treasury:
Q1 Jul 1— Se tember 30 Due: October 15
Q2 October 1— December 31 Due: Januar• 15
Q3 Januar 1— March 30 Due: A ril 15
Q4 A ril 1— June 30 Due: Jul 15
Annual Report July 1— June 30 Due: July 15
Page 12 of 12
Interlocal Agreement between TARRANT COUNTY and CITY OF FORT WORTH
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/31/23 M&C FILE NUMBER: M&C 23-0942
LOG NAME: 19TARRANT COUNTY CHILDCARE FACILITY AGREEMENT ARPA
SUBJECT
(ALL) Authorize Execution of an Interlocal Agreement with Tarrant County for the City's Participation in Development of a Child Care Facility at
Rise Community Center, Authorize Acceptance of American Rescue Plan Act, Subtitle M(State and Local Fiscal Recovery Funds) Funds from
Tarrant County in the Amouni of $2,750,000.00, Authorize Execution of Related Agreement with Child Care Associates, Adopt Appropriation
Ordinance, and Amend the Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that City Council:
1. Authorize execution of an interlocal agreement with Tarrant County for the transfer of funds for the City's development of a child care faciliry to
be located at LVT Rise Community Center, 8201 Calmont Avenue, Fort Worth, Texas 76116;
2. Authorize the acceptance of American Rescue Plan Aci, Subtitle M(State and Local Fiscal Recovery Funds) funds from Tarrant County in the
amount of $2,750,000.00; Authorize the Ciiy Manager or his designee to execute related agreements with Child Care Associates allowing it
to serve as the City's owne�'s representaiive for the design, construction, operation, and development of the child care facility;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Cap Projects Federal Fund in
the total amount of $2,750,000.00, subject to receipt of such funds; and
4. Amend the Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
On April 6, 2023, Tarrant County issued a Request for Applications (RFA) for infant and toddler infrastructure expansion. The RFA is a multi-year
effort to expand access to early education and care. This Early Head Start infrastructure expansion opportunity is funded through Tarrant County's
state and local fiscal recovery funds, auihorized through the American Rescue Plan Act (ARPA). The RFA was open to political subdivisions such
as cities and school districts. The contribution of land and/or an existing building was a prerequisite to be considered for this program. The
contribution could be in the form of gifting the land or ensuring the land is eligible for a no or low cost, long-term ground lease or facility lease for a
minimum of 30 years. All projects must be in Tarrant County.
Proposals had to meet th� following requirements:
• Minimum 12,200 square feet facility
• Minimum of eight classrooms and one indoor play area, each ranging from 360 square feet to 1800 square feet
• Parking to accommodate at a minimum of 22 spaces
• Building will need to be eligible for an Education or Education/lnstitutional Certificate of Occupancy
Ciry of Fort Worth Neighborhood Services applied forfunding on May 19, 2023 with a requested funding amount of $5,500,000.00. This request
was for the expansion of child care services at LVT Rise Communiry Center, 8201 Calmont Street, Fort Worth, Texas 76116. Per the application
submitted, if awarded, the City of Fort Worth, would enter into an agreement with a local Early Head Start provider within Tarrant County. The City
of Fort Worth ideniified the local Early Head Start provider to be Child Care Associates.
The submitted proposal included the following planned project details:
Modular Building -12,788 square feet
Total of eight classrooms
o Infant Rooms (0-1 year old) - 2
o Toddler Rooms (1-2 years old) - 4
o Pre-K Rooms (3-4 years old) - 2
Classroom Size Capacity
o Infant Room #1 -18 persons, 591 Square Feet
o Infant Room #2 -18 persons, 591 Square Feet
o Toddler Room #1 - 24 persons, 1002 Square Feet
o Toddler Room #2 - 24 persons, 1002 Square Feet
o Toddler Room #3 -19 persons, 841 Square Feet
d Toddler Room #4 -19 persons, 841 Square Feet
o Pre-K Room #1 - 27 persons, 1122 Square Feet
o Pre-K Room #2 - 27 persons, 1670 Square Feet
Certificate of Occupancy - Child Care Associates would be eligible for Education/Institutional Certificate of Occupancy based on the number
of children served and their ages.
Indoor Play Area - centrally located beiween all classrooms; floorplan attached
• Parking - sufficient paricing either in front of the building (if authorized to utilize the adjacent lot) or additional parlcing can be added along
Shenandoah Road, but the preference is to be granted authorization to use the lot
On September 5, 2023, Tarrant County Commissioners Court approved an award of funding in the amount of $2,750,000.00.
The interlocal agreement provides the contribution of funds by the County to the City, and commits the City to utilize the funds prior to December
31, 2026, as required by ARPA.
The purpose of this Mayor & Council Communication (M&C) is to accept the ARPA funding from Tarrant County and initiate the development of the
childcare facility.
Funding for this project was not included in the Fiscal Years 2024-2028 Capital Improvement Program. The action in this M&C will amend the
Fiscal Years 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, execution of the agreement and adoption of the attached
appropriation ordinance, funds will be available in the current capital budget, as appropriated, in the Grants Cap Projects Federal Fund. The
Neighborhood Setvices Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City.
Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a
reimbursement grant.
Submitted for C� Manager's Office by•., Fernando Costa 6122
Originating Business Unit Head: VictorTurner 8187
Additional Information Contact: Sharon Burkley 5785
Terrance Jones 7563
� ,�1J� P �r� '�. �, ���
,.
�'�'� G�UNr��'' REFERENCE NUMBER
;�`� � �'• COMMISSIONERS COURT
`F �' COMMUNICATION PAGE 1 OF 13
.,,* , * �.;:
• • Da`rE: 11 /07/2023
SUBJECT: APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN
TARRANT COUNTY AND THE CITY OF FORT WORTH FOR THE
LVTRISE CHILDCARE FACILITY AS PART OF THE TARRANT
COUNTY FISCAL RECOVERY FUNDS PROGRAM
*** CONSENT AGENDA *x*
COMMISSIONERS COURT ACTION REQUESTED
It is requested that the Commissioners Court approve an Interlocal Agreement (ILA) between Tarrant
County and the City of Fort Worth for the LVTRise Childcare Facility as part of Tarrant County's
Fiscal Recovery Funds (FRF) program.
BACKGROUND
On April 5, 2023, Tarrant County, in partnership with Child Care Associates (CCA), issued a Request
for Applications (RFA) for Infant and Toddler Infrastructure Expansion as part of the American
Rescue Plan Act (ARPA) State and Local FRF program. Seven (7) proposals were submitted and five
(5) were deemed eligible based on the requirements of the RFA and Treasury guidelines.
On September 5, 2023, the Commissioners Court, through Court Order #141573, approved funding
recommendations for four (4) projects, including an application from the City of Fort Worth for the
LVTRise Childcare Facility.
The LVTRise Childcare Facility, located at 8201 Calmont Avenue, Fort Worth 76116, will create a
proposed 12,700 square foot childcare facility with eight (8) classrooms. The facility will provide
access to after-school programming, summer curricula, and more, providing a safe haven where
children can develop and geow.
With approval of this ILA, the City of Fort Worth will become a subrecipient of Tarrant County's
' FRF award and will be responsible for ensuring funds are spent in compliance with federal guidelines
and for reporting requirements outlined in this agreement. The City of Fort Worth will be reimbursed
an amount not to exceed $2,750,000.00 for eligible expenses as outlined in the agreement.
FISCAL IMPACT
Funding in the amount of $2,750,000.00 is available in CARPA-2024.
SUBMITTED BY: Administrator's Office PREPARED BY: Rand Otten
APPROVED BY: