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HomeMy WebLinkAboutContract 58262-A1t()-:0- 1 ` r CSC No. 58262-A1 •�;; ?s r� COURT ORDER NUMBER COMMISSIONERS COURT `max° COMMUNICATION PAGE 1 OF 8 * •' DATE. 12/3/2024 SUBJECT: CONSIDERATION OF FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY AND THE CITY OF FORT WORTH FOR THE NORTHWEST RADIO TOWER PROJECT *** CONSENT AGENDA *** COMMISSIONERS COURT ACTION REOUESTER It is requested that the Commissioners Court consider First Amendment to the Interlocal Agreement (ILA) between Tarrant County and the City of Fort Worth for the Northwest Radio Tower Project as part of the Tarrant County Fiscal Recovery Funds program. BACKGROUND On August 2, 2022, the Commissioners Court, through Court Order #138699, approved an ILA with the City of Fort Worth to provide funding for equipment for a new radio tower in Northwest Tarrant County. The City of Fort Worth has experienced a delay in project completion due to delays in equipment delivery and has requested the County extend the term of the Agreement to allow sufficient time for project completion and expenditure of all awarded funds within Treasury guidelines. With approval, the term of the ILA will be extended from December 31, 2024 to December 31, 2025. All other agreement terms will remain unchanged. The Criminal District Attorney's Office has reviewed this ILA as to form. FISCAL IMP C There is no fiscal impact associated with this action. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SUBMITTED BY Administrator PREPARED BY: Kristen Camareno APPROVED BY: Kristen Camareno FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY AND THE CITY OF FORT WORTH FOR THE NORTHWEST RADIO TOWER PROJECT Tarrant County (the "County") and the City of Fort Worth (the "Subrecipient"), each a "Party" and collectively the "Parties" to a Subrecipient Agreement related to the use of State and Local Fiscal Recovery Funds ("FRF Funds") August 2, 2022 (the "Agreement"), now wish to amend the Agreement. This amendment is effective upon the signature of the Parties: WHEREAS, on August 2, 2022, through Court Order No. 138699, the County approved the Agreement with Subrecipient; and WHEREAS, the Subrecipient has experienced a delay in project completion due to delays in equipment delivery; and WHEREAS, the Subrecipient has requested the County extend the term of the Agreement to allow sufficient time for project completion and full award expenditure; and WHEREAS, the County wishes to amend the Agreement with the Subrecipient to extend the term of the Agreement to ensure project completion and expenditure of all awarded funds within the guidelines provided by the U.S. Treasury. NOW, THEREFORE, the Parties agree as follows: 1. The term of the Agreement contained in paragraph VI is modified and extended from the original termination date of December 31, 2024, to the new termination date of December 31, 2025. 2. The amount County shall reimburse Subrecipient in paragraph 1 of the Agreement has not been modified and remains an amount not to exceed $2,000,000.00 (TWO MILLION DOLLARS AND NO CENTS) in FRF Funds for expenses outlined in Appendix B. 3. Paragraph III shall be modified to include the following language as the last sentence of the first paragraph therein: Should Subrecipient not expend the full $2,000,000 sum identified herein by December 31, 2025, Subrecipient shall repay County an amount equal to the unspent portion. Further, Subrecipient recognizes County's obligation to return any unspent FRF Funds to U,S. Treasury and agrees to reimburse County any cost associated with the return of FRF Funds including but not limited to the sum of FRF Funds returned to U.S. Treasury. 4. Except as modified by this Amendment, all terms and conditions of the Agreement shall remain in effect. SIGNED AND EXECUTED this ?.o day of p,,mber , 2024. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX COUNTY OF TARRANT THE CITY OF FORT WORTH STATE OF TEXAS Tim O'Hare Mari: McDaniel County Judge Deputy City Manager APPROVED AS TO FORM: CERTIFICATION OF AVAIL BL F D5: (Criminal District Attorney) Tarrant Coun Auditor *By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not reply on this approval. Instead, those parties should seek contract review from independent counsel. [Executed effective as of the date si�_ned by the Deputy City Manager above.] / [ACCEPTED AND AGREED:] 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 c of this contract, including ensuring all performance By: '�/ and reporting requirements. Name: Kevin Gunn Title: Director, IT Solutions By: La enceC tt... 701I 14:12 CST) Approved as to Form and Legality: Name: Lawrence Crockett Title: Senior Manager, IT Solutions M. Kevin pnd0/s� !! By: City Secretary: �eORT➢p Name: M.-Kevin Anders, II pa°F00090 Sao � o Title: Assistant City Attorney C~a o-Id By: (f Contract Authorization: Name: Jannette Goodall M&C: 22-0472 Title: City Secretary Approved: 6/28/22 I295:na OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPENDIX B PROGRAM BUDGETIELIGIBLE EXPENDITURES Category Personnel Fringe Travel Equipment/CapitaI Supplies Contractual Other Indirect Total Program Budget $ $2,000,000.00 $2,000,000.00 M&:C Review Pa-e I of 2 Official site of die City of Fort Worth, Texas CITY COUNCIL AGENDA FORTIVORM Create New From This MSC REFERENCE "M&C 22- 04TARRANT COUNTY DATE: 6/28/2022 NO.: 0472 LOG NAME: RADIO TOWER FUNDING AGREEMENT ARPA CODE: C TYPE: CONSENT PUBLIC NO HEARING. SUBJECT. (ALL) Authorize Execution of an Interlocal Agreement with Tarrant County for the City's Implementation of a Radio Transmitter Site to Expand Coverage in North Fort Worth and Tarrant County, Authorize Acceptance of American Rescue Plan Act, Subtitle M (State and Local Fiscal Recovery Funds) Funds from Tarrant County in the Amount of $2,000,000.00, Adopt Attached Appropriation Ordinance, and Amend the Fiscal Years 2022-2026 Capital Improvement Program (This use of ARPA funding was previously discussed and approved by Mayor and Council) RECOMMENDATION: . It is recommended that the City Council: 1. Authorize the execution of an interlocal agreement with Tarrant County for the transfer of funds for the City's implementation of a radio transmitter site to expand coverage in north Fort Worth and northwest Tarrant County; 2. Authorize the acceptance of American Rescue Plan Act, Subtitle M (State and Local Fiscal Recovery Funds) funds from Tarrant County in the amount of $2,000,000.00; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Cap Projects Federal Fund in the amount of $2,000,000.00 from available funds, for the purpose of funding the ITS Radio Transmit Site ARPA project (City Project No. 104155); and 4. Amend the Fiscal Years 2022-2026 Capital Improvement Program DISCUSSION: The Fort Worth Public Safety Radio System was implemented in 2013 to provide reliable radio communications for the City of Fort Worth's (City) public safety and public works departments. The system was designed to provide coverage primarily for use inside the Fort Worth city limits with provisions made to accommodate growth for the next few years. During the last nine years, considerable City development and expansion has occurred, particularly in north Fort Worth and northwest Tarrant County. To accommodate this growth and to support the expanded City services that have resulted, radio coverage must be extended by the implementation of an additional radio transmission site and tower. Total cost of this site is estimated at just over seven million dollars ($7,000,000.00). In addition to expanding coverage for the City, the new tower site will also increase coverage in unincorporated areas of Tarrant County. As a result, the Tarrant County Commissioners Court in February 2022 approved the allocation of two million dollars ($2,000,000.00) from its American Rescue Plan Act (ARPA) funds to be reimbursed to the City against expenses incurred for the acquisition and construction of the new radio site. The interlocal agreement provides for the contribution of funds by the County to the City, and commits the City to utilizing the funds prior to December 31, 2026, as required by ARPA. Ownership of any components or services acquired by these funds will be retained by the City. The purpose of this Mayor & Council Communication is to accept the Tarrant County appropriation and intitate the acquisition phase of the project. Funding for the future phases will be determined at a later date. http://apps.clivnet.org/council_packetlmc_review.asp?ID=30025&councildate=612812022- 6/29/2022 M&:C Review Page 2 of 2 Funding for this project was not included in the Fiscal Years 2022-2026 Capital Improvement Program. The action in this M&C will amend the Fiscal Years 2022-2026 Capital Improvement Program as approved in connection with Ordinance 25073-09-2021. FISCAL INFORMATIONICERTIFICATION: 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 Grants Cap Projects Federal Fund. The Information Technology Solutions Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Information Technology Solutions Department has the responsibility to validate the availability of funds_ This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget I Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID I I I Year I (Chartfield 2) Submitted for Citv Manaqer's Office bv: Valerie Washington (6192) Oriainatina Department Head: Kevin Gunn (2015) Additional Information Contact: Kevin Gunn (2015) ATTACHMENTS 04TARRANT COUNTY RADIO TOWER FUNDING AGREEMENT ARPA 31001 A022(r3).docx (Public) CFW Tarrant Co ILA - Northwest Radio Tower Final 050922.docx (Public) FID Table Tarrant Countv ARPA V2.xlsx (CFW Intemal) http://apps.cfivnet.org/council_packetlme_review.asp?[D=30025&councildate=6/28/2022 6/29/2022 Consideration of First Amendment to the Interlocal Agreement between Tarrant County and the City of Fort Worth for the Northwest Radio Tower Project SIGNED AND EXECUTED this 3 day of December, 2024. COUNTY OF TARRANT STATE OF TEXAS Tim O'Hare County Judge 12/6/2024