HomeMy WebLinkAboutContract 62553CSC N o. 62553
INTERL�CAL AGREEMENT BETWEEN TARRANT COUNTY AND
CITY OF FORT WORTH
This Interlocal Agreement ("Agreerr►ent") is between Tarrant County (the "COUNTY"), a
political subdivision of the 5tate of Texas, and City of Fort Worth, a�ocal unit of government
(colIectively, the "Par�ies"), and shall be effective upon signature by the Parties ("Effective Date"}.
The Par�ies have reviewed this Agreement and agree to th� following:
WHEREAS, on March l l, 2020, the World Health Organizatian declared COVID-19 a
worldwide pandemic; and
WHEREAS, an March 11, 2021, President Joseph Biaen signed the American Rescue Plan
Act ("ARPA") to provicle support to state and locai governments to responcE to the financial
impacts ofthe COVID-19 pandemic; and
WHEREAS, Emergency Rental Assistance 2 funds {"ERA2 Funds"} authorized through
ARPA {A.LN. #21 A23) are to be used to mitigate the ongoing effects of COVID-19 and support
the nation's pandemic recovery by improving housing stability and eviction prevention acti�ities;
and
WHEREAS, the COUNTY has received ERA2 Funds to respond to the continuous impact
of COVID-19 as outlined ir� H.R. 1319-51 Subtitle B promulgated by the Department of Treasury
{"Treasury"}; and
WHEREAS, Treasury has issued guidance for the use of ERA2 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 COiJNTY and City of Fort Worth both find ERA2 Funds distributed in
accordance with this Agreement shall meet the eligible uses outlined by U.S. Treasury; an.d
WHEREAS, the COUNTY and City of Fort Worth �nd that the program(s) and related
expenditures outlined in this Agreement are eligible under current ERA2 Funds guidance and rules
promulgated by the Treasury and find tha� the program(s} outlined herein will mitigate the ongoing
eFfects of COVID-19 and support pandemic reco�ery 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 �his Agreement; and
WHEREAS, during the performance of the government functions and the payment for the
performance of those governmental functions under this Agreemeni, the Parties will make the
performance and payment from the current revenues legally avaiIable to that Party.
Page 1 of 16
Interlocal Agreement between TARRANT COUNTY and CITY OF FORT WORTH OFFICIALRECORD
CITY SECRETARY
FT. WORTH, TX
TH�REFORE, t�e Parties agree as folIows:
I. SCOPE OF WORK
The City of Fort Worth shall use the ERA2 Funds toward the construction af two affordable
housing developments as outlined in APPENDIX A.
I�. DISTRIBUTION OF FUNDS
The COUNTY shalI make available up to $4,oaa,000.00 (FQUR MILL�4N DOLLARS AND
NO CENTS) to City of ForC Warth from the COUNTY' S ERA2 Funds for eligible expenses
ref�ected in APPENDIX A and in accordance with the terms and conditions outlined belaw.
COUNTY approves and pays reimbursement requests within thirty (30) days of receipt of a
complete and accurate rec�uesi form. Errors in the request farm, including insufficient
documentatian, may resuIt in payment delays. City of Fort Worth is responsible for submitting a
complete and accurate request. Payment is considered made on the date postmarked.
Requests iar payment may be submitted no more than once mont�ly and must contain the follow�ng
supporting documentation:
i. Signed Request for Reimbursement form.
ii. Invoice or draw request frorn City of Fort Worth contrac�or pertaining to request for
payment.
Within 30 days of receipt of payment, City of Fort Worth must provide to COUNTY:
i. i'roof of payment of invoice or draw request provided with request for payment.
ii. Copy of GeneraI Ledger reflecting receipt af payment from COUNTY and payment of
same amount to City of Fort Worth contractor.
iii. Subseauent requests for paymen�/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 full up to $4,000,000.00 (FOUR MILLION DOLLARS AND NO CENTS) to
COUNTY should City of Fort Worth fail to fulfil� the requirements as outlined herein and in
APPENDIX A by the Agreement's termination date.
By December 3 l, 2024, City of Fo�t Wa�th shall provide to the C�LTNTY a�lan to expend any
and al! remaining funds by September 30, 2025. Any funds not expected to be expended by
December 31, 2025, shall be recaptured by the COUNTY.
III. TERM AND TERMINATION
This Agreement shalI become effective upon signature by both Parties and shall continue in full
force and effect until the termination date of September 30, 2425, unless terminated earlier in
accordance witl� this Agreement. If at any time City of Fart Worth becomes excluded, debarred,
Page 2 af 16
Interlocal Agreement between TAItRANT COi7NTY and CITY OF FORT WORTH
or suspended from any state or fec3eral program, this Agreement automatically terminates effective
on the date of the suspension, revocatian, or exclusion, and City of Fort Worth must submit a final,
formal statement in the manner set out above and below requesting payment.
The COLTNTY may immediately terminate this Agreement, without prior notice, if City of Fort
Worth fails to perfarm any obligatian faund herein and the failure:
i. Creates a potential threat to health or sa%ty: ar
ii. Violated a�aw, ordinance, or regulation designed to protect health or safety.
Either party may terminate this Agreement without cause gi�ing thirty {3a) days written notice to
the ather party. Upon receipt of natice 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 ter�nination of the Agreement, all assets purchased under this Agreement shall
transfer to ihe COLTNTY.
Within thirty {30} days after receipt of a notice of termination, City of Fort Worth agrees to submit
an invoice showing, in detail, the casts incurred �nder this Agreemen� up to and inciuding the date
of termination.
Force Majeure: In the e�ent that either Party is unable to perform any of its obligation under the
Agreement or to enjoy any of the benefits because of naturaI disaster, global pandemic, actions ar
decrees of gove�-nmental badies or communication I»�e failure not the fault of the affected party
(referred to as a"Force Majeure Event"), the Party who has been so affected immediateIy agrees
to give notice to the other party and agrees to do everything possible to resume performance. Upon
receipt of such notice, t�e Agreement is irrtmediately suspended. If the period of nonperforn:�ance
exceeds ten (10) calendar days from the receipt of notice of the Force Majeure Event, the Party
whose ability to perform has not been affected may terminate the Agreement immediately by
giving written notice to the other Party.
IV. STANDARllS F4R FINANC�AL MANAGEMENT
In accordance wit� 2 CFR 200 Uniform Administrative Reqt�irements, Cost Principles, and Audit
Requirements for Federal Awards, City of Fort Worth will develop, implement and maintain
financial management ai}d cantrol systems, which include at a minimum accurate payrall,
accounting and financial repor�ing records, cost source documentation, effective internal and
budgetary controls, and determination of reasonableness, allowability and allocability of costs, and
timely and appropriate audits and reso�ution findings.
City of Fort Worth si�all maintain an effective accounting system, which will:
i. Identify and record va�id trai�sactions
ii. Record transactions to the proper accounting period in which transactions occurred
iii. Describe transactions in sufficient detail to permit proper classification
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In#erlocal Agreement between TARRANT COUNTY and CITY OF FORT WQRTH
iv. Maintain records that pernlit the tracing of funds to a level of detail that establishes that
the funds I�ave been used in compliance with Agreement requirements
�. Adequately identify the source and appiication of Funds of each grant agreement
�i. Generate current and acc�rate financial reports in accordance with agreement
requirements
V. GENERAL COMPLIANCE REQUIREMENTS
City af Fort Worth shall abserve and comply with aIl applicable local, state, and federal laws,
rules, regulations, ordinances, and requirements, including, without limitation, workers'
compensation laws, miniir�um and maximum salary and wage statues and regulations, non-
discrimination laws and regulations, and those set forth in 31 CFR Part 35. City of Fort Worth
sl�all be responsible for ensuring its compliance with any laws and regulations applicabie to its
business, including maintaining ai�y necessary licenses and permits.
VI. DAVIS-BACON REPORTING AND ADDYTXONAL REQUXREMENTS
City of Fort Worth must comply with all Federal and State regulation, including Davis-Bacon and
Related Acts Compliance and Monitoring and shall pravide proof of compliance and supporting
documentation as requested by County.
The Da�is-Bacon and Related Acts apply to contractors and subcontractors performing on
federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair
(including painting and decarating} af public buildings or public worics.
Additionally, 2 CFR 200322 notes that City of Fort Worth should provide a preference for the
purchase, acyuisition, or use oi goods, products or materials produced in the United Skates,
inciuding but not limited to, iron, aluminum, steel, cement, and other manufactured prociucts.
VII. MONITORING
City of ForC Warth agrees tliat COCTNTY will, until the expiration of the federal retention period
as referenced in 2 CFR 200.334, have access to and the right to examine 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 extends
to any obligations assigned ta any su�contracts or agreements formed between City of Fart Worth
and any subcontractors to the extes�t that �l�ose subcontracts or agreernents relate to fulfillment of
City of Fort Worth abligations to COUNTY under this Agreernent. The City of Fort Worth must
agree that C4LJNTY will have access during normal working hours to all necessary facilities, staff,
and workspace to canduct audits. The COLTNTY wilf provide the City of Fart Worth with
reasonable advance notice of intended audits. The City of Fort Worth musi provide records within
ten (10) business days or a mutually agreed upon timeline. City of Fort Worth may withhold any
inFormation that it is rrrandated to withhold to comply with state or federal law.
Page 4 of 1b
Interlocal Agreement between TARRANT COLINTY and CITY OF FORT WORTH
VYY�. ALLOWABLE COSTS AND AVAILABILITY OF FUNDS
COUNTY payment to City of Fort Worth does not preclude CO[TNTY from determining that
certain costs were ineligible for reimbursement. If the COUNTY determ�nes that a cost the
COLTNTY has paid for is ineligible for reimbursement, the City of Fort Worth will refund the
ineligible amount to the CO[TNTY. C4UNTY will determine whether costs submitted by City af
Fort Worth are allawable and e3zgible for reimbursement. If COUNTY has paid funds to City of
Fort Worth for unallowab]e or ineiigible costs, COUNTY wi11 notify City of Fort Worth in writing,
and City of For� Worth shall return the funds to COCJNTY within thirky (30} calendar days of the
date of this written notice. C4UNTY may withhold all or part of any payments ta City of Fart
Worth to offset reimbursement for any unaliowable or ineligible expenditure t�at City of �'ort
Worth has not refunded to COUNTY, or if required financial report(s) are not submitted by the
due date(s).
Further, if at any time, FRF Funds are insufficient ar una�ailable, then COLJNTY, upon pror�iding
written notice to City of Fort Worth, may terminate this agreement without penalty.
ZX. INDEPENDENT SINGLE OR PROGRAM SPECIFIC AUDIT
If City of Fort Wor�h, withtn City of �ort Worth fiscaI year, expends a total amount of at least
SEVEN HLINDRED FIFTY THOUSAND DOLLARS ($750,OOOAQ) in federal funds awarded,
City of �o�k Worth shall have a singIe audit ar prograrr�-specific audit in accordance with 2 CFR
Part 20a Subpart F. This federal threshold amount includes federal funds passed through by way
of State and local agency awards. City of Fort Warth must provide a copy of completed single
audit, if applicable, to COUNTY no later than fi0 days after filing with federal audit c�earing 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 property constructed or acquired under this Agreement must be
used far the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.3 ] 3,
any equipment or real property constructed or acquired using federal funds shal� vest in the non-
federaI enkity.
Procedures for �nanaging equipiment and reaI property must meet the follawing 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 Funding for the
equipment or proper�y, narne of title holder, acquisition date, cost of the equipment or
propez�ty, percentage of federal participation in the project costs for the Federal award under
which the equipment or property was acquired, the location, use and condition of the
equipment or property, and any ultimate disposition cfata including the date of disposa[ and
sale price oithe equipment or property
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Tnterlocal Agreement between TARRANT COUNTY and CITY OF FORT WORTH
ii. A physica� inventory of th� equipment or praperty m�ast be taken, and the results reconciled
with the property records at least once every two {2) years
iii. A control system �nust be developed to ensure adequate safeguards to prevent lass, damage,
or theft of the equipment or property. Any Ioss, damage, or theft rriust be investigated
iv. Adequate maintenance procedures must be developed to keep the ec�uipment or property
in good condition, and
v. If the non-federal entity is authorized or required to sell the eq�aipment or property, proper
sales pracedures must be established to ensure the highest possible return.
When original or repiacement eq�ipment oz' reai property acquired under this Agreement is r�o
longer needed or in use for tl�e project or program out�ined herein, City of Fort Worth must request
disposition instructions from the COUNTY.
XI. REGULAR REPORTING
City af Fort Warth shall provide reparts to COUNTY as outl[t�ed in APPENDIX B. Additional
rneasures may be established and reported on as mutually agreed to by City of Fort Worth and
COUNTY. City of Fort Warth wi�l submit fiscal, pragress, programmatic, and other reports as
requested by COUNTY in the approved format.
XII. DEBARMENT AND SYSTEM FOR AWARD MANAGEMENT
City of Fort Worth is not entifiIed to receive payment under this Agreement for services performed
by any personnel who have been excluded, debarred, or suspended under a federal program, unless
given explicit permission by the COUNTY. City of Fort Worth agrees to maintain an active
registration in the System far Award Management (SAM.go�).
XIII. SUBCONTRACTXNG AUTHORYTY
City of Fort Worth may enter contracts as necessary for the perfarmance of the scope of services
outlined in this Agreement. City of Fort Worth agrees to comply with all applicable purchasing
laws in choosing subcontractors and executing any contracts pursuant to this Agreement. City of
Fart Warth must ensure that aIl subcontractors have not been excluded, debarred, or suspended
under a federa] prograrrt and all subcontractors must mainiain an active registration in the System
for Award Management (SAM.gov).
XIV. ASSIGNMENT
City of Fort Worth may not assign all ar any part of its rights, privileges, or duties under this
Agreement without the prior written appro�al of the C4LTNTY. Any attempted assignment of same
without approval shall be void and shall constitute a breach of this Agreement. It is agreed that the
COiTNTY has the right to inspect and apprave in writing any proposed subcontracts between City
Page 6 of 16
Interlocal Agreemeift between TARRANT COLINTY and CITY OF FORT WORTH
of Fort Worth and any subcantractor engaged in any activity in conjunction with projects
contemplated under this Agreement prior to any clianges being incurred.
XV. DOCUMENTATION
City of Fort Warth shali keep and maintain, for a period not less than five {5} years after September
30, 2025, alI records relating to use of the ERA2 Funds described herein.
XVI. FORM 1295 COMPLIANCE
A form 1295 is not required because this agreement is with a governmental entity.
XVII. ANTI-B4YCOTT 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 D4LLARS ($100,Ofl0.00} or more that is to be
paid wholly or partly from public funds of the go�ernment entity.
i. Boycott of �nergy Companies Prohibited
In compliance with Section 2274.002 of the Texas Government Code, City af Fort
Warth �erifies that it does not boycott energy companies and wiIl not boycott energy
companies during the term of the abave-described agreement. "Boycott energy
company" is defined in Section 849.001{1) o�the Texas Government Code (added by
87th Legislature, S.B. 13} and means, without ar� ordinary business purpose, refusing
to deal with, terrninating business activities with, or otherwise taking any action that is
intended to penalize, ir�flict economic harm on, or limit comrr�ercial relations with a
coinpany because the company: (A) engages in the explaration, �roduc�ion, utilization,
transportation, saIe, ar rnanufacturing of fossil fuel-based energy and does not commit
or pledge to meet environmental standards beyand applicable federal and state law; or
{B) does business with a company described by s�absection (A).
ii. Boycott of Israel Prohibited
In compliance with Section 2271.Q02 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 Texas Government Code in
Section 808.001(1).
iii. Discrimination A�ainst Firearm Entities or Firearm Trade Associatians (FTAs)
In compliance with Section 2274.402 of the Texas Government Code, City of Fort
Worth �erifes 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 terzti
oi the above-described Agreement against a firearnn entity or FTA. "Discriminate
against a frearm entity or firearm trade association" is defined in Section 2274.QQ 1(3)
Page 7 of 16
Interlocal Agreement between TARRANT COUNTY a�td CITY OF �'OIZT WORTH
of the Texas Government Code and means, with respect to the entity or association, to:
(i) refuse to engage in the trade of any goods or services with the entity or association
based solely on its status as a firearnz entity or f rearm trade association; {ii) refrain
from continuing an existing business relationship with the entity or association �asecf
solely on its status as a firearm entity or firearm trade association; or (iii) terrninate an
existing business relationship with the entity or association based so�ely on its status as
a firearm entity or firearm trade association; the term does not include: {i) the
established policies of a merchant, retail seiler, or platform that restrict or prohibit the
listing or selling of ammunition, firearms, ar firearm accessories; and (ii) a company's
refusal to engage in �he irade of any goods or services, decisian to refrain from
continuing an existing business relationship, ar decision to terminate an existing
business relationship: {aa} ta comply with federal, state, or local law, policy, or
regulations or a directive by a regulatory agency; or (bb) for any traditional business
reason that is speci�c to the customer or potential customer and not based solely on an
entity's or association's status as a firearm entity or firearm trade association.
iv. Scrutinized Business Operations Prohibited
In compliance with Section 2252.152 of the Texas Government Code, City of Fort
Worth warrants and represents that: neither City of Fort Worth nor any of its affiliat�s
engages in scrutinized business operations in Sudan, Iran, or with designated foreign
terrorist arganizations. "Scrutinized business operations in Sudan" is defined in Section
2270.0052 of the Texas Gor�ernment Code. "Scrutinized business operations in Iran"
is defined in Section 2270.0102 of the Texas Governrrzent Code. "Scrutinized 6usiness
operations with designated foreign terrorist organizatians" is aefined in 5ection
2270.0152 oithe Texas Government Code. City of Fork Worth further represents an.d
warrants that neither City of Fort Worth nor any of its affiliates appears on any af the
Texas Coxnptroller's Scrutinized Companies Lists.
xvxzz. rroTzcE
Any notice required ar perrni�ted ta be delivered hereunder shalI be deemed to ha�e been given
when personally delivered, or if mailed, seventy-two (72} haurs after deposit of the same in the
United States Mail, postage prepaid, certified, or registered, return receipt requested, properly
addressed to the Parties hereto at the respective addresses set iarth belovv, or aC such other
addresses as they shall specify by written notice delivered to the folIowing addresses:
TO THE COUNTY:
County Adrninistrator
lOQ E Weatherford, Ste 404
Fort Worth, Texas 76196
TO City of Fort Worth:
Neigl�borhood Services Department
200 Texas St.
Fort Worth, Texas 76102
If any provision of this Agreement s��alI be held to be invalid or unenforceable for any reason, the
remaining provisions shall cantinue to be valid and enforceable, If a cour� finds that any provision
of this Agreement is invalid or unenforceable, but that by Iimiting such provision it would become
valid and enforceable, then se�ch provision shall be deemed to be written, construed, and enforced
as so limited.
Page 8 of 1G
Cnterlocal Agreenzent between TA�tRANT COUNTY and C1TY OF �'OR'f WORTT�
XIX. SEVERABYLYTY
If any provision of this Agreement shal] be held to be invalid or unenforceable for any reason, the
remaining provisio�ls shall continue ta b� valid and enforceable. If a court finds that any pro�isioi-►
oithis Agreement is invalid or unenforceable, but that by iimiting s�ach provision it would become
valid and enforceable, then sucli provision shall be deemed to be writte�l, construed, and enforced
as so limited.
XX. APPLICABLE LAW AND VENUE
This Agreement is governed by the laws of the 5tate of Texas. Tiiis exclusive venue for any action
arising oUt �f, in connection with, or in any way relating ta this Agreement shall be in Tarrant
County, Texas if filed in state court or the Northern DistrEct of Texas, Fort Worth Di�ision if filed
in federal court.
XXI. ENTIRE AGREEMENT
This Agreement represents tl�e entire understanding between the Parties and supersedes all prior
repres�ntations.
XXII. EXECUTION
This agreement may be executed in several counterparts. Each counterpart fs deemed an origina�.
AIl counter�arts together canstitu�e on and the san�e instrument.
SIGNED AND EXECUTED this Z� day of � 2023.
C�UNTY OF TARRANT
STATE OF TEXAS�
r
Tim O'Hare
County Judge
Tarrant County Commissioners Court
APPROVED AS TO FORM: . CERTiFICA�ION OF �� �� .b�
�/ A�IA�A �_1]�J _S • � } �
��✓�%,�,� t ,� . !.� ',{�.��."
r�`J„_� ,}r �
�`
Ccimina[ District Attorney's Oftice Tarrant County AUditor
'"By law, the Criminal District Attorney's Office may onfy appro�e contracts for its clients. We
re�iewed this document as to %rm from our cli�nt's Eegal perspective. Other parties may not reply
on this approval. Instead, those parties sl�ould see�C contract review from ii3dependei�t counsel.
Page9of16
Interlocal Agreen�ent between TARRANT COUNTY a�ld C11'Y OF FQRT �VQRTH
CITY OF FORT WORTH:
By: Name: Fernando Costa
Title: Assistant City Manager
Date: Jan 29, 2024
APPROVAL RECOMMENDED:
By: Name: Victor Turner
Title: Director, Neighborhood Services
REVIEW/ APPROVE:
� �ta,. By: Name: Ronald Gonzales
Title: Assistant City Secretary
ATTEST:
By:
Name: Jannette S. Goodall
Title: City Secretary Page 10 of16 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: Amy Connolly
Title: Assistant Director, Neighborhood
Services
APPROVED AS TO FORM AND LEGALITY:
By: Name: Leslie L. Hunt
Title: Senior Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:24-0029 Interlocal Agreement between TARRANT COUNTY and CITY OF FORT WORTH
APPENDIX A
SCOPE OF WORK
ERA2 Funds awarded through this Agreement must be used toward the following:
1. An amount not to exceed $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS
AND N4 CENTS) to Wes�care Texas, Inc, for property acquisition and construction of
the Casa Mia affordable housing development with an address of 4201 Mitchell Blvd.,
Fort Worth, T�xas.
a. Eligible expenses include any property acquisition costs and pre-construction
costs such as, site preparation, testing, engineering, and design, as well as
construction casts, including FF&E.
An amaunt not to exceed $3,SQ0,000.00 (THREE MILLION FIVE HiJNDRED
THOUSAND DOLLARS AND NO CENTS) for pre-construction and construction casts
of the Renaissance Heights Phase III affordable housing development to be located at
2757 Moresby St., �oz� Worth, Texas.
a. Eligible pre-canstruc�ion expenses include land acquisition, site preparation,
testing, engineering, and c�esign
6. Eligible construction costs include building and site construction costs
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InEerlocal Agreement between TARRANT COUNTY and CFTY OF FORT W ORTH
APPENDXX B
REQUIRED REPORTING
With each reimbursement reyuest, or at the request oF Count�, City of Fort Worth shali provide
the following information for each project ideniified in Appendix A:
1. Percent of project completion
2. Number of units created
3. Updated Project Information to sacisfy all fields inciuded in Appendices C and D
Page 12 of i6
Interlocal Agreement between TARRANT COUNTY and CITY OF FORT WORTH
APPENDIX C
ERA2 PROJECT XNFORMAT�ON — CASA MTAIWESTCARE
Reqtrired General Information
� Project Name
• Project ID
* Cumulative ObIigations
+ Cumulative Expenditures
• Current Period Obligations
• Current Period Expenditures
• Status of Completian
• Project Narrative
Casa Mia
�soa,aao.aa
$0.00
$soa,000.ao
$O.OQ
Building permitting comp�ete; construction not yet started
WestCare Texas seeks funding to renovate the classroonr�s in two buildings of the former
St. Timothy's facility {4201 Mitchel! Blvd.) to provide 12 typical studio apartments that
will pravicle recovery residence for women in recovery fram substance use disorder. The
adapted use af an existing facility will complement the community by providing a much-
neecled service. Each studio apartment will be approximately 273 square feet. A nevv
addition wiI] provide restrooms for each room. The renovation includes ��ew doors,
windows, egress windows, toilets, tublshower combinations, �anities, and partition wal[s.
Nutritious meals will be provided for pairticipants, so �Citchen facilities would be cansidered
an unnecessary expense. The facility will meet aIl local and state health and safety codes
as well as receive a certificate of occupancy.
Required Project Data
a. Obligations made in Q4 2Q22 related to this ERA2 Affordable R�ntal Hausing Project(s) -
$504,aaa.aa
b. Expenditures made in Q4 2022 related to this ERA2 Affordab�e Rental Housing Project(s)
- �o.ao
c. Project Zip Code — 76119
d. Project Physical Address — 4201 Mitchell Blvd., Fort Worth, Texas
e. Federal Pragram Alignment. The use of ERA2 funds for an affordable rental housing
project must align with allowed uses oF Federal funds under at least one of the following
Federal programs. Please identify the primary Federal program from the list below.
Horne Investment Partnerships Program (U.S. Depart�nent of Housing and
Urban Development (HUD)}
f. Besides ERA2, Additional Federal Program Funds Used far this Project, if any
Other. If other, please explain University oF Texas Health pass through federal
funcEs; American Rescue Plan Act (ARPA)
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TnterEocal Agreement between TAARANT COUNTY and C[TY OF FORT WORTH
g. Is the grantee in corn}�liance with the Federal program regulations and other requirements
of the Federai program(s} selected in item #e above? Yes. If no, provide an explanation
h. Estim.ated pat-tion of the total cost of the affordable rental housing project that has been/will
6e paid with the ERA2 funds 4a% {$500,000.00/$1,252,000.00)
i. Estimated Start af the Service of the Nroject March 1 S, 2024 (90 days after contract
executian)
j. Date af First ERA2 Expenditure on the Project March 15, 2024
k. Funding Mechanism{s) Used. Select the financial instrument(s} that are/will be utilized to
provide ERA2 funds in suppor� of the affordable rental housing project
• Loan (including na-interest laans and deferred-payment loans)
1. Are tl�e ERA2 funds used as gap fuE�ding for an existing affordable rental housing project?
(YeslNo/Other)
m. Type of Project. Seteci the categary that most accurately describes the predominant
objective of the project:
• Rehabi�itatjon
n. Number of Rental Units in the Project 12
a. Number of Rental Units Funded by ERA2 12
p. Number of Units Serving Very Low-Income Families 12
q. Description of Income Limitation on Rental Units Funded by ERA2 The project will serve
low-income individuals.
r. DeveIopment partners (if any) None identified
s. Is the program limited to specifc po�ulations {e.g. elderly, dornestic violence survivors,
etc.)? Women who are pregnant, parenting, or in the process of reuniting with their children
t. Period of Lebally Enforceable Income Limitation for ERA2 Funded Rental Units
Minimum of 20 years
u. �eriod of Legally Enforceable Income Limitation for any non-ERA2 Funded Rental Units
N/A
Page 14 of 16
I�iterlocal Agreement between TARRANT COLJNTY and CITY OF FORT WOATH
APPENDIX D
ERA2 PROJECT YNFORMATION — COLUMBIA RENAISSANCE PHASE III
Required Genera[ Information
• Project Name Columbia Renaissance Phase III
• Project ID
• Cumulative Obligations $3,500,000.00
• Cumulative Expenditures $0.00
• Current Period Obligations $3,SOO,OOO.Od
• Current Period Expenditures $0.00
� Status of Completion Not yet started; contract pending
• Project Narrati�e
Columbia Renaissance Phase III will complete the three {3) phase development of high
quality mixed-incame housing for families and seniors at Renaissance Square in SE Fort
Worth. Phase lII includes 1fl0 units of family housing, with 25 units dedicated to homeless
or emerging homeless hauseholds. The community wiIl include a mix of incomes with
units set aside far residents with less than 30% of Area Median Family Income {AMIO,
50% AMI, 60% AMI, an� SO% AMI. The developznent will bring an array of amenities,
which presently plan to include community/clu6 room, craftlaccessory room, business
center, laundry facilities, and landscaped courtyards.
Required Project Data
a. Obligations �nade in Q4 2022 related to this ERA2 Affordable Renta� Housing Project(s)
- $3,SOO,aoo.aa
b. Expenditures made in Q4 2022 related to ihis ERA2 Affordable Rental Housing
Project(s) - $0.00
c. Project Zip Code — 76105
d. Project Physical Address -- 2757 Moresby St., Fort Warth, Texas
e. Federal Program Alignment. The use of ERA2 funds %r an affordable rental housing
project must align with allowed uses of Federal funds under at least one of the following
�ederal programs. Please identify the primary Federal program fro�n the list below.
Home In�estt�ent �'artnerships Program (U.S. Department of Housi�ig a3id Urban
Development (HUD))
f. Besides ERA2, Additional Federal Program Funds Used for this Project, if any
Law�income Housing Tax Credit {Treasury)
HOME Investment Partnerships Pragram {U.S. Departrr�ent of Hausing and
Urban Development {HUD})
g. Is the grantee in compliance with tl�e Federal pragram regulations and other requirements
af the �'ederaI program(s} selected in item #e above? Yes. If no, provide an explanation
Page 15 of 1.6
Interlocal Agreement between TARIZANT COUNTY and CITY OF FORT WORTH
h. Estimated portion of the total cost of the affordable rental housing project that has
been/wi�l be paid witY� �he ERA2 funds ]0% ($3,544,000.001$35,299,277.40)
i. Estimated Start of t�e Service of the Project: July 2Q24
j. Date of First ERA2 Expenditure on ihe Project: July 2024
k. Funding Mechanism(s) Used. Select the financial instrument(s) that arelwill be utrlizec! to
provide ERA2 funds in support of the affordable rental housing project
• Loan (including no-interest loans and deferred-payment loans}
l. Are the ERA2 funds used as gap funding for an existing affordable rental housing
project? (Yes/NolOther)
m. Type af Project. Select the categary that most accurately describes the predominant
objective of the project:
• New Constructian
n. Number of Rental Units in tlie Project 100
o. Number of Rental Units Funded by ERA2 100
p. Number of Units Serving Very Low-Income �'amilies 25
q. Description of Income Limitation on Rental Units Func�ed by ERA2 The project will
serve families as follows: 30% PBV-PSH (13 units); SO% 1'BV-i'SH {12 units); 60%
LIHTC {53 units); 80% LIHTC {22 units)
r. Development parCners (if any) None identified
s. Is the program (imited to specific popu�ations (e.g. elder�y, domestic violence s�arvi�ors,
etc.}? No; mixed-income �ous�ng development
t. Period of Legally Enforceable Income Limitation for ERA2 Fut�ded Rental Units
Minimum of 20 years
u. Periad of Legally Enforceable Income Lirnitation for any non-ERA2 Funded Rental
Units N/A
Page 16 of 16
Interlpcal Agreement between TARRANT COL]NTY and CITY pF FORT WQRTH
�l � �; �, �- � � 2. � � �
+a���UN�F��; COMMISSIONERS COURT RE�ERENCENUMBER
`" �`°' COMMUNICATION PA�E 1 oF 20
�. x �:.:
�• *. � oAT�,: o2i2 i �Za24
SUBJECT: APPROVAL OF AN INTERL4CAL AGREEMENT BETWEEN
TARRANT COUNTY AND THE CITY OF FORT WORTH FOR
EMERGENCY RENTAL ASSISTANCE FUNDING TO SUPPORT
AFFORDABLE H4US�NG DEVELOPMENT
* * * CONSENT AGENDA * * *
COMMISSIONERS COURT ACTION REQUESTED
It is requested that the Com�nissioners Court appro�e an Interlocal Agreement with the City of Fort
Worth for $4,000,000.00 in American Rescue Plan Act (ARPA) Emergency Rental Assistance 2(ERA
2) funds to support two (2) affordable housing developments.
BACKGROUND
On December 27, 2020, the 2021 Consolidated Appropriations Act was enacted, awarding
$24,281,300.00 in E�nergency Rental Assistance iunds {ERA 1) to Tarrant County. On March 11,
2021, the ARPA was enacted, awarding an additionaI $26,407,662.00 in ERA 2 funds for a total of
$50,688,9b2A0 of ERA funds awarded ta Tarrant County.
Or� March 23, 2021, the Commissioners Cour�, through Court Order #135050, appro�ed the
Emergency RentaI Assistance Program (ERAP} policy and guidelines, crea�ed by the Administrator's
Of�ce to provide rent and utility assistance to households negatively irnpacted 6y COVID-19.
On January 18, 2022, the Commissioners Caurt, through Court Order #137256, approved the
voluntary reallocation of $1 Q million in ERA 1 funds to the City of Fort Worth, and $5 million in ERA
1 funds to the City of Arlington, as allowable by the U.S. Treasury. The ap�roved reallocations
enabied Fort Worth and Arlington to continue assisting residents tht'ough their programs and assisted
Tarrant County in meeting the ERA 1 expenditure deadline set by t�e Treasury.
To ensure suf�cient funds remained a�ailable to provide the maximum amount of assistance to
households approved thraugh the program, the Count� sCopped accepting new applications on April
30, 2022. O�er $28,500,000.00 in ERA 1 and ERA 2 funds were expended through ERAP to assist
2,448 households with rent and/or utility assistance. The last payment of the program was made on or
around ihe end of September 2023, leaving approximately $4,250,000.00 of ERA 2 funds unspent.
Ti�e U.S. Treasury allows a grantee that has obligated over seventy-five percent (75%) of its ERA 2
funds to utilize remai�ing funds for afFordable housing development in line with �arious federal
housing programs. Tarrant County curre�tly qualifies for this allowance. Additionally, the Treasury
allows a grantee to reallocate or obligate ERA 2 funds to other eligible grantees to use wit�in the same
guidelines.
SUBIV�ITTED BY: Administrator's Offica PREPARED SY: K.risten Camarenp
APPROVED BY:
.$� cpvNs�. coMMls srorr�xs couRT
;�' ''r+:
� � �; COMMUNICATION
..� �;.
"� *•�"' REFERENCE NUMBER: pATE: 0212 U2D24 PAGE 2 OF 20
On May 2, 2023, Tarrant County issued an RFP for the development of affordable housing units.
Several proposais were received, and staff asked the Commissioners Court to consider the reallocatian
of $4,oaa,000.00 in ARPA ERA 2 funds to the City of Fort Worth to award to two (2) developments:
�saa,000.00 to Westcare Texas, Inc., for Casa Mia and $3,500,000.00 to the Renaissance Heights
Foundation for Renaissance Heights Phase III.
On September 5, 2023, the Cornmissianers Court, through Court Order #141575, approved the
voluntary reallocation of ERA2 funds to the Ciry of Fort Worth to support the Casa Mia and
Renaissance Heights Phase lII projects. After Court appro�al, County staff, fallowing ERA 2
guidance provided by the Treasury, submitted the reallocation request anline. After some delay, staff
rece�ved notice �rom the Treasury that they would no fonger approve voluntary reallocation requests
and the County must instead enter into a subrecipient relationship with the City of Fart Worth to award
the $4,000,004.00 in ERA 2 iunds.
With approval of this agreement, the City of Fort Worth w�ll become a subrecipient of Tarrant
County's ERA. 2 grant and will be awarded $4,004,000.00 to support the Casa Mia and Renaissance
Heights Phase III projects. County staff will work with the subrecipient to ensure alI reporting
requirements o�tlined within the ILA are satisfied.
The Criminal District Attorney's Office has reviewed and appraved this ILA as to form.
FISCAL YMPACT
Funding in the amount af $4,000,OOOAO is avaiiable in account Grant 2004/H0101-2025/5440100000.
city of For� worth,
Mayor and
Texas
Counc�l Communication
DATE: 01I23124 M&C F1LE NUMBER: M8�C 24-0429
LOG NAME: 19TARRANT COUNTY AFFORDABLE HOUSING FUNDING
SUBJECT
(CD 8) Autharize Acceptance of $4,000,000.00 from Tarrant County, Previously Allocated to its Emergency Rentaf Assistance Program, for the
Purpose of Developing Two Affordable Housing Prvjects - Columbia Renaissance Phase III and WestCare Texas, Inc.ICasa Mia - and Authorize
Execukion of an Interlacal Agreement, and/or S�brecipient Agreement with 7arrant County to Administer khe Funds
.0 a� •�
It is recommended that the Ciry Council:
1. Authanze acceptance of $4,OQ0,000.00 from Tarrant County, previousfy allocated to its �mergency Re�Eal Assistance Program, for the
Purpose of De�eloping Two Affordable Housing Projects - Columbia Renaissance Phase III and WestCare 7exas, Inc./Casa Mia; and
2. Authorize ihe execution of an lnterlocal Agreement, andlor a Subrecipient Agreement, with Tarrant County To Administer the Funds.
DISCiJSSION:
The purpose of this Mayor and Council Communication (M&C) is to accept funds kotaling $4,OQO,OOQ.00 from Tarrant County, pre�iously allocated
as Emergency Renta! Assistance (ERA2) Program funds, for the purpose of de�eloping two affordable housing projects - Calumbia Renaissanc2
Phase III and WestCare Texas, Inc.ICasa Mia - to receive authorization to enter into an inter[ocal agreement, andlor a subrecipient agreement, with
Tarrant County to administer the funds.
In May 2023, Tarrant County released a Requesi for Proposals (RFP) forAmerican Rescue Plan Act (ARPA) funds. The gaa[ of fhe RFP was to
recei�e proposals aimed at increasing the number of affordable housing units for homelessness, permanent supporti�e housing, suppartive
housing, and deeply aifordable housing. Per request from Tarrant County, the City of Fort Worth accepted an allocation of ARPA funds from Tarrant
County (M&C 23-0742) on September 12, 2023. With this action, Tarrant County also proposed to reallocate ERA2 funds fotaling $4,000,0�0.00
to tne City through the United States Department of the Treasury for the same purpose. City Council approved the action and funds were
appropriated as requested. Nowe�er, the Treasury Department notified both the City of �ort Worth ancE Tarrant Cvunty that the ERA2 funds were
not available to reallocate to tYie Cify because the funds had already been disbursed Eo iarranf Counfy, The only option would be for Tarrant County
to subaward fhe ERA2 funds to the City. Wi#h this M&C, the request is ta accept the ERA2 funds as a subrecipienk of Tarrant County and execute
an Interlocal Agreement to administer the funds ior the two affordable housing projects listed 6elow,
Co[umbia Renaissance Phase III (2757 Moresby St.} -$3,500,OOD.OQ
Columbia Renaissance Phase III will complete the three (3) phase develapmeni af high quality mixed-income housing for families and seniors at
Renaissance 5quare in SE Fort Worth. Phase III includes 100 units of famiEy housing, with 25 units dedicated to hameless ar emerging homeless
householc[s. The community will include a mix of incomes with units set aside for residents with less than 3D°/a of Area Median Family lncome
(AMI), 50% AMI, 64% AMI, and 80% AMI. The development will bring an array of amenities, which prese�tly plan to include cornmunity/club room,
craftlaccessory room, business center, laundry facilifies, and landscaped courtyards. In addition to the ERA2 funding proposed, Columbia
Renaissance Phase III has an ARPA commitment totaling $1,500,004.00 and a HOME #unding commitrrtent from khe Ciky of Fort Warth for
$4,000,OOO.aO over three years. The disbursement is planned Eo be $1,000,000.00 in year one (approved by M&C 23-fl631 on August 8, 2023),
and future cornmitments in Year 2 and Year 3 of $1,5a0,000.00 each year, which will be included on fut�re requests to the City Cauncil. These will
be forgivable loans to the project. Total public funding for Columbia Renaissance Phase III will be $9,OOD,004.00.
WestCare Texas, [nc.lCasa Mia (4204 Mitchell Blvd.y -$saa,D00Q.OQ
WestCare Texas seeks fundfng to reno�ate the classrooms in [wo buildings of the fvrmer St. Timothy's facility (�4241 Mitchell BNd.} to pro�ide 12
typical studio apartments that will provide recovery residence for low-income pregnant or recently pregnant women and their infanks in recovery
from substance use disorder. The adapted use of an existing facility will complement the community by praviding a much needed service. Each
studio apartment will be approximately 273 square feet. A new addition will pro�ide restrooms for each room. The reno�ation includes new doors,
windows, egress windows, toi[ets, iublshower combinations, �anities, and partition walls. Nutritious meals will be provided for participants, so
kitchen facilities would be considered an unnecessary expense. The facility will meek al[ local and staie health and safety codes as well as receive
a certificate of occupancy.
A Form 1295 is not required because: This contractwill be with a gavernmental entity, state agency or pub[ic inskitution af higher education: Tarrant
County
FISCAL INFORMATfON 1 CER7IFICATION:
The Director of Finance certifies that upon appro�al af the above recommendativns and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Neighborhood Services
Department (and Financial Management Services) will be responsible far the collection ancf deposit of funds due to the City. Prior to an
expenditure being incurrad, the Neighborhood Services Department has the responsibility to validate the availability of funds. This is a
reimbursement grant.
Submitted for Ci Mana er's OfFce b: Fernando Costa 6122
Originating Business URit Head: VictorTurner 8987
Additional Information Contact: Sharon Burkley 5785
Amy Connolly 7556
Routing and Transmittal Slip
Neighborhood Services
Department
DOCUMENT TITLE: Interlock Agreement Between Tarrant County and
CFW
M&C 24-0029 CPN CSO # NOT ASSIGNED DOC# _
DATE:
TO: INITIALS DATE OUT
1. Allison Tidwell
2.
3.
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.
NEEDS TO BE NOTARIZED: Yes No
RUSH: Yes No SAME DAY : Yes No NEXT DAY : Yes No
ROUTING TO CSO: X Yes No
Action Required:
As Requested and Notary Tabs
For Your Information X Attach Signature
× Signature/Routing and or Recording
Comment
File
Return to: Please call Virginia Villalobos at ext. 7744 for pick up when completed. Thank you.