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HomeMy WebLinkAboutContract 60950-S1SUPPLEMENT TO CITY SECRETARY CONTRACT NO. 60950 This Supplement to City Secretary Contract No. 60950 Supplement is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipality, with its principal place of business at 100 Fort Worth Trail, Fort Worth, Texas, and a Texas nonprofit corporation. and collectively as the Parties. WHEREAS into City Secretary Contract No. 60950 (the , as authorized by the City Council in M&C 23-0801 which provided $1,500,000.00 ived for allowable expenses from the United States Department of the Treasury through the Coronavirus SLFRF American Rescue Plan Act ARPA . Such funds are defined in the Contract as ARPA Funds. WHEREAS, the purpose of the Contract was to provide ARPA funds, in the form of a deferred, forgivable loan, for the new construction of 24 deeply affordable housing units referred Project under the terms and conditions of the Contract. WHEREAS, during construction of the Project, City, pursuant to M&C 24-0807, authorized an additional allocation of ARPA Funds to pay development-related fees arising from the Project in the amount of $113,871.00 Additional ARPA Funds); WHEREAS, the Additional ARPA Funds shall not increase the amount of the Loan as detailed in the Contract and the Loan Documents; WHEREAS, it is the mutual desire of the City and to supplement the Contract to reflect the additional ARPA Funds available for the Project; NOW, THEREFORE, City and hereby agree to supplement the Contract as follows: I. SUPPLEMENT A.Section 4.1. a. Additional ARPA Funds shall be added as a term of the Contract and read as follows: City shall provide up to $113,871.00 of Additional ARPA Funds to used to pay development-related fees arising from the Project. II. This Supplement is effective on the date the last Party signs the Supplement as indicated on the signature page(s). III. All other terms and conditions of the Contract not supplemented herein remain unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the parties. Capitalized terms not defined herein shall have the meanings assigned to them in the Contract. [SIGNATURES APPEAR ON NEXT PAGE.] ACCEPTED AND AGREED: By: ________________________ Donna Floyd Executive Director Date: _______________________ CITY OF FORT WORTH Approval Recommended by: By: ________________________By: ______________________ Jesica McEachern Kacey Bess Assistant City Manager Neighborhood Services Department Director Date: _______________________Date: _______________________ ATTEST:APPROVED AS TO FORM AND LEGALITY: By: ___________________________________________________________ Jannette S. Goodall, City Secretary Leslie Hunt, Senior Assistant City Attorney M&C: 24-0807 Date: September 27, 2024 1295 Cert. No.2023-1102230 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. Name:______________________ Chad LaRoque Housing Development Manager Date: _______________________ 12/19/2024 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:9/17/2024 REFERENCE NO.: **M&C 24- 0807 LOG NAME: 13ARPA COBB PARK RECLAIM AND IMPACT FEE ALLOCATIONS CODE:G TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Approve Reductions in Allocations from the American Rescue Plan Act State and Local Fiscal Recovery Funds Totalling $1,528,394.00 from the Cobb Park Road and Parking Improvements Project and from the ARPA Texas A&M Fort Worth Campus Water/Sanitary Sewer Project, Authorize ARPA Allocations Totalling $239,661.00 to Cover Development-Related Fees for Affordable Housing Projects, and Authorize Execution of Agreements with Justins Place and Palladium E Lancaster Avenue, Ltd. or Affiliates Thereof for Such Allocations RECOMMENDATION: It is recommended that the City Council: 1. Approve the reduction of allocations in the American Rescue Plan Act State and Local Fiscal Recovery Funds Revenue Recovery Category by $28,394.00 from the allocation for the Water/Sanitary Sewer Texas A&M Fort Worth Campus project (City Project No. 104855); 2. Approve the reduction of allocations in the American Rescue Plan Act State and Local Fiscal Recovery Funds Non-Revenue Recovery Category by $1,500,000.00 from allocations for the Cobb Park Road/Parking Improvements project (City Project No. 104476); 3. Approve allocations in the American Rescue Plan Act State and Local Fiscal Recovery Funds Non-Revenue Recovery Category Totalling $239,661.00 for the purpose of funding development related fees for affordable housing projects to be built by for the Justins Place (The Nest) and Palladium E Lancaster Avenue, Ltd. (Palladium East Lancaster); and 4. Authorize execution of agreements with Justins Place and Palladium E Lancaster Avenue, Ltd. of affiliates thereof. DISCUSSION: The purpose of this Mayor & Council Communication (M&C) is to notify City Council of available American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF), to authorize the reduction of allocations for initiatives that not able to be completed within the federal deadlines or that are projecting excess revenue, and to reallocate a small portion of the identified balance of non-revenue recovery dollars for development-related costs for two afforable housing developments. The City of Fort Worth received a total ARPA SLFRF allocation of $173,745,090.00, consisting of $87,024,408.00 to be spent in the areas of Public Health and Negative Economic Impacts (Non-Revenue Recovery), and $86,720,682.00 to assist the City of Fort Worth (City) with the provision of governmental services (Revenue Recovery). On June 21, 2021, M&C 21-0445 adopted a framework of the City’s priorities for ARPA funding. To-date, City Council has approved projects and reduced allocations totaling $169,618,742.46. That total consists of (i) $86,381,893.50 that has been allocated in the Revenue Recovery category, leaving $338,789.50 unallocated, and (ii) $83,236,848.96 that has been allocated in the Non-Revenue Recovery category, leaving a balance of $3,787,559.04 unallocated. Per U.S. Treasury guidelines, these ARPA funds must be fully obligated by December 31, 2024 and fully expended by December 31, 2026. The City Manager’s Office and Financial Management Services Department have been evaluating project timelines and projected residual revenue with Department Directors and Project Managers during Fiscal Year 2024 to identify available amounts and additional uses for ARPA SLFRF funds, as any funds not fully obligated by December 31, 2024 must be returned to the U.S. Treasury. ARPA SLFRF Revenue Recovery Funds ARPA allows local governments to designate a portion of the funds they receive to replace revenue lost as a result of the COVID-19 public health emergency, with such funds eligible to be used for the provision of government services. (Section 603(c)(1)(C) of Title VI of the Social Security Act, added by ARPA). Treasury guidance construing the revenue recovery provision indicates such funds can generally be used for any purpose for which a city could use its own funds, subject to certain narrow exceptions that are not applicable here. On June 27, 2023, and February 27, 2024, Council allocated a total of $646,275.00 in ARPA SLFRF Revenue Recovery funds for water and sewer infrastructure improvements to support the Texas A&M Innovation HUB campus (M&Cs 23-0518 and 24-0180). The Water Department has determined that excess revenue in the amount $28,394.00 is available for recapture and reallocation. Adding this amount to the previously unallocated means there is $367,183.50 in revenue recovery funds available to be programmed with recent adjustments to projects and amounts as follows: Action Amount M&C Previously Reclaimed Funds $3,874,289.50 24-0459 13UPDATE AMERICAN RESCUE PLAN ALLOCATIONS Previous Allocation (515,000.00) 24-0458 2020INT IMPROV N. BEACH ST/WESTERN CENTER BLVD APPROPRIATION Page 1 of 4M&C Review 12/19/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32513&councildate=9/17/202 4 Previous Allocation (2,020,500.00) 24-0496 21MEADOWBROOK GOLF COURSE MAINTENANCE FACILITY Previous Allocation (1,000,000.00) 24-0567 20INTERMODAL PKWY CONSTRUCTION CONTRACT Reclaimed Funds 28,394.00 13ARPA COBB PARK RECLAIM AND IMPACT FEE ALLOCATIONS (This M&C) $367,183.50 Total Revenue Recovery Funds Currently Available ARPA SLFRF Non-Revenue Recovery Funds Responding to the negative health and economic impacts of the coronavirus pandemic is a specifically identified use of ARPA dollars under Section 603(c)(1)(A) of Title VI of the Social Security Act (added by ARPA). Treasury Department guidance specifically notes that these Fiscal Recovery Funds can be deployed for a broad range of uses to mitigate the effects of COVID-19 on local residents and accelerate the community’s recovery from the pandemic. The intended outcomes of this program will be to deliver increased access to childcare, healthcare, affordable housing and workforce development. On September 27, 2022, City Council allocated $1,500,000.00 in ARPA SLFRF Non-Revenue Recovery funding category (M&C 22-0789) to support improvements to the road and parking access to Cobb Park. Due to a conflict with an already planned water project anticipated within 18-24 months that would require demolition to the newly constructed road, City leadership determined it was not prudent to use ARPA SLFRF for the improvements and has requested the reduction of the allocations for that project. The Park & Recreation Department will be responsible for moving expenditures previously incurred off this project so that it can be closed. Two affordable housing projects, The Nest (being constructed by the non-profit Justins Place) and Palladium East Lancaster (owned by the HFC-affiliated Paladium E Lancaster Avenue, Ltd.) have been approved by City leadership to move forward with allocation requests for development-related impact fees totaling $239,661.00. Affordable housing is a key initiative of ARPA. The Nest is a joint project with Tarrant County and will provide 24 units of new, deeply affordable housing, serving single-led households disproportionately impacted by the COVID-19 pandemic by providing holistic, wraparound services focused on self-sustainability and long-term stability in an effort to break the cycle of generational poverty. This project has been allocated City ARPA SLFRF in the amount of $1,500,000.00, and Tarrant County has matched the City's allocation with additional ARPA SLFRF funding in the amount of $1,500,000.00. The allocation amount for development-related fees for The Nest is $113,871.00. Palladium East Lancaster will consist of 243 units, 170 of which will be reserved for households earning 60\% or less of Area Median Income (AMI) and 24 deeply-affordable units set aside for households earning no more than 30\% AMI. Allocating ARPA SLFRF will help further the goals of providing affordable housing and ensure impact fee funds are available to make necessary water and wastewater improvements for the area's aging infrastructure. The allocation amount for development-related fees for Palladium East Lancaster is $125,790.00. A separate M&C on the September 17, 2024 City Council Agenda, 20ARPA NON-REV TRANSPORTATION ALLOCATIONS will seek authorization of allocations for several transportation projects totalling $2,307,939.00 utilizing the current unallocated amount of Non- Revenue Recovery funds. Assuming approval of both this M&C and the transportation reallocation one, a balance of $2,739,959.04 in Non-Revenue Recovery funds will remain available for reallocation as follows: Action Amount M&C Previously Reclaimed Funds $3,787,560.04 24-0459 13UPDATE AMERICAN RESCUE PLAN ALLOCATIONS Reclaimed Funds 1,500,000.00 13ARPA COBB PARK RECLAIM AND IMPACT FEE ALLOCATIONS (This M&C) Pending Allocation (2,307,939.00)20ARPA NON-REV TRANSPORTATION ALLOCATIONS (September 17, 2024 Agenda) Pending Allocation (239,661.00) 13ARPA COBB PARK RECLAIM AND IMPACT FEE ALLOCATIONS (This M&C) $2,739,960.04 Total Non-Revenue Recovery Funds Available Summary of ARPA Allocations To-Date The following chart reflects the current status for allocation of the City's ARPA funding under Subtitle M and incorporates both ARPA M&Cs on the September 17, 2024 Council Agenda: M&C's Total CFW ARPA Subtitle M Funding $173,745,090.00 21-0445 2021 AMERICAN RESCUE PLAN Allocations Approved To-Date 6,000,000.00 21-0794 ARPA-VFW-TDG Allocations Approved To-Date 1,000,000.00 21-0805 ARPA-ADMINISTRATION Allocations Approved To-Date 4,245,533.42 21-0810 ARPA ALLOCATIONS EVANS & ROSEDALE REDEVELOPMENT Allocations Approved To-Date 2,400,000.00 21-0811 ARPA ALLOCATIONS UNTHSC TECHSTARS Allocations Approved To-Date 10,100,000.00 21-0814 ARPA ALLOCATIONS TO HOUSING AND HUMAN SERVICES PROJECTS Page 2 of 4M&C Review 12/19/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32513&councildate=9/17/202 4 Allocations Approved To-Date 3,000,000.00 21-0809 ARPA ALLOCATION CDFI FRIENDLY AMERICA Allocations Approved To-Date 300,000.00 21-0820 ARPA-WRMC MURAL PLAQUES Allocations Approved To-Date 6,400,000.00 21-0935 ARPA-PEG FUNDING-FUTURE CITY HALL Allocations Approved To-Date 8,000,000.00 21-0908 ARPA-VACCINATIONS AND TESTING Allocations Approved To-Date 4,560,000.00 21-0913 ARPA- PED\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\_CAPITAL\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\_RESTORE Allocations Approved To-Date 52,000,000.00 21-0934 ARPA-FWCC EXPANSION FUNDING & PROJECT MANAGEMENT Allocations Approved To-Date 3,000,000.00 22-0268 ARPA CENTER FOR TRANSFORMING LIVES Allocations Approved to-Date 5,000,000.00 22-0270 ARPA ALLOCATION FOR PERMANENT SUPPORTIVE HOUSING Allocations Approved to-Date 7,091,047.00 22-0368 ARPANEIGHBORHOOD WIFI CARES RATIFICATION/ARPA ALLOCATION Allocations Approved to-Date 3,595,000.00 22-0366 ARPA INFRASTRUCTURE PROGRAM Allocations Approved to-Date 3,675,000.00 22-0367 ARPA CYBERSECURITY PROGRAM Allocations Approved to-Date 16,000,000.00 22-0789 MMA INFRASTRUCTURE – STREETLIGHTS & PEDESTRIAN SAFETY Allocations Approved to-Date 2,500,000.00 22-0789 MMA INFRASTRUCTURE – COBB & HIGHLAND HILLS PARKS Allocations Approved to-Date 3,200,000.00 22-0789 TARRANT AREA FOOD BANK FACILITY Allocations Approved to-Date 2,000,000.00 22-0789 POLICE AND FIRE COVID WORKER’S COMPENSATION CLAIMS Allocations Approved to-Date 1,458,372.00 22-0789 POLICE COVID HEALTH EXPENDITURES Allocations Approved to-Date 750,000.00 22-0789 VISIT FORT WORTH SPECIAL EVENT FUNDING Allocations Approved to-Date 4,411,080.00 22-0789 UNITED WAY ONE SECOND COLLABORATIVE Allocations Approved to-Date 8,000,000.00 22-0789 DEEPLY AFFORDABLE HOUSING INFRASTRUCTURE & DRAINAGE Allocations Approved to-Date 1,500,000.00 22-0789 FORT WORTH ZOO ROAD REPAIR, EROSION CONTROL, BROADBAND Allocations Approved to-Date 200,000.00 22-0789 TX WESLEYAN ON-CAMPUS PUBLIC UTILITY RELOCATION Allocations Approved to-Date 1,925,000.00 22-0789 WILL ROGERS MC AIR HANDLER REPLACEMENT Allocations Approved to-Date 5,950,000.00 22-0789 WILL ROGERS MC CONCOURSE, LOBBY AND RESTROOM UPDATES Allocations Approved to-Date 2,000,000.00 23-0284 ARPA FWTC INNOVATION PARTNERSHIP Allocations Approved to-Date 50,000.00 23-0518 WSTAMUS ILA Previously Reclaimed Allocations (4,216,902.00)23-0609 ARPA\\\\\\\_CENTRAL\\\\\\\_MULTIMODAL\\\\\\\_MOBILITY\\\\\\\_HUB Allocations Approved to-Date $100,000.00 23-0609 ARPA\\\\\\\_CENTRAL\\\\\\\_MULTIMODAL\\\\\\\_MOBILITY\\\\\\\_HUB Allocations Approved to-Date 4,500,000.00 23-0925 RFP 22-0146 BROADBAND ENHANCEMENTS CH CITY Allocations Approved to-Date 596,275.00 24-0180 WSTAMUS-MCO Reclaimed Allocations (5,207,162.96) 24-0459 13UPDATE AMERICAN RESCUE PLAN ALLOCATIONS Page 3 of 4M&C Review 12/19/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32513&councildate=9/17/202 4 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Allocations Approved to-Date $515,000.00 24-0458 2020INT IMPROV N. BEACH ST/WESTERN CENTER BLVD APPROPRIATION Allocations Approved to-Date 2,020,500.00 24-0496 21MEADOWBROOK GOLF COURSE MAINTENANCE FACILITY Allocations Approved to-Date 1,000,000.00 24-0567 20INTERMODAL PKWY CONSTRUCTION CONTRACT Pending Allocations 2,307,939.00 20ARPA NON-REV TRANSPORTATION ALLOCATIONS Pending Allocations (1,288,733.00)13ARPA COBB PARK RECLAIM AND IMPACT FEE ALLOCATIONS (This M&C) Unallocated balance $3,107,141.54 Forthcoming M&Cs will be presented to Council to request approval for the allocation of the remaining unallocated balances. ARPA projects are located Citywide. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Grants Operating Federal Fund, and upon approval of the above recommendations, funds will be available in the current operating budget, as previously appropriated, of the Grants Operating Federal Fund's American Rescue Plan Act project. Prior to any expenditure being incurred, the participating department shall be responsible for ensuring funds are available and that only expenditures allowable under the American Rescue Plan Act are charged to the ARPA funding source. TO FROM Submitted for City Manager's Office by:Reginald Zeno (8517) Originating Department Head:Reginald Zeno (8517) Additional Information Contact:Kate Perry (2234) ATTACHMENTS 13ARPA COBB PARK RECLAIM AND IMPACT FEE ALLOCATIONS funds availability.pdf (CFW Internal) Form 1295 Certificate 101138847 JUSTINS PLACE.pdf (CFW Internal) Form 1295 Certificate Palladium.pdf (CFW Internal) Page 4 of 4M&C Review 12/19/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32513&councildate=9/17/202 4 Routing and Transmittal Slip Neighborhood Services Department DOCUMENT TITLE: ARPA -The Nest Supplement for Transportation Impact Fees M&C 24-0807 CPN CSO # 60950 DOC# _ DATE: TO: INITIALS DATE OUT 1. Dyan Anderson 2. Chad LaRoque 3. Leslie L. Hunt 4. Kacey Bess 5. Jesica L. McEachern 6. Ronald Gonzales 7. Jannette Goodall 8. Allison Tidwell All documents received from any and all City APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDSTO BE NOTARIZED:Yes X No RUSH:Yes No SAME DAY :Yes No NEXT DAY :XYes No ROUTINGTO CSO:X Yes No Action Required: As Requested and Notary Tabs For Your Information Attach Signature × Signature/Routingand or Recording Comment File Return to: Please call Virginia Villalobos at ext. 7744 or email for pick up when completed. Thank you.