HomeMy WebLinkAboutContract 34847�ITY SECR�i���' �j
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FY 2006 EDI-SPECIAL PROJECT NO. B-06-SP-TX-1003
GRANT AGREEMENT
This Grant Agreement between the Department of Housing and Urban
Development (HUD) and City of Fort Worth (the Grantee) is made pursuant to the
authority of Public Law 109-115 (the Department of Housing and Urban Development
Appropriati.on Act of 2006) and a listing of certain specific Economic Development
Initiative Special Projects specified in the Congressional Record of November 18, 2005.
The amount shown below is 99.00% of the amount specified in the Congressional
Record of November 18, 2005, because of a 1.00% rescission mandated in the Act. The
Grantee's application pacicage, as may be amended by the provisions of this Grant
Agreement, is hereby incoiporated into this Agreement.
In reliance upon and in consideration of the mutual representations and obligations
hereunder, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreeinent, HUD will make grant funds in
the amount of $198,000 available to the Grantee.
The Grantee agrees to abide by the following:
ARTICLE I. HCTD Requirements.
The Grantee agrees to comply with the following requirements for which HUD
has enforcement responsibility.
A. The grant funds will only be used for activities described in the application, which is
incorporated by reference and made part of this Agreement as may be modified by
Article VII (A) of this Grant Agreement.
B. EQUAL OPPORTUNITY REQUIREMENTS
The grant funds must be made available in accordance with the following:
1. For projects involving housing, the requirements of the Fair Housing Act (42
U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive
Order 11063 (Equal Opportunity in Housing) and implementing regalations at 24
CFR Part 107.
2. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing
regulations issued at 24 CFR Part 1.
3. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at
24 CFR Part 146, and the prohibitions against discrimination against handicapped
individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 7�4)
and implementing regulations at 24 CFR Part 8.
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4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the
requirements of Executive Order 11246 (Equal Employment Opportunity) and the
implementing regulations issued at 41 CFR Chapter 60.
5. For those grants funding construction covered by 24 CFR 135, the requirements
of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.C.
1701u) which requires that economic opportunities generated by certain HUD
financial assistance shall, to the greatest extent feasible, be given to low- and very
low-income persons and to businesses that provide economic opportunities for
these persons.
6. The requirements of Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise), and 12138 concerning Women's Business Enterprise).
Consistent with HCJD's responsibilities under these Orders, the Grantee must
malce efforts to encourage the use of minority and women's business enterprises
in connection with grant funded activities. See 24 CFR Part 85.36(e), which
describes actions to be taken by the Grantee to assure that minority business
enterprises and women business entelprises are used when possible in the
procurement of property and services.
7. Where applicable, Grantee shall maintain records of its efforts to comply with the
requirements cited in Paragraphs 5 and 6 above.
C. ENVIRONMENTAL REVIEW REQUIREMENTS.
1. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an
Alaskan Native Village, the Grantee agrees to assume all of the responsibilities
for environmental review and decision- making and actions, as specified and
required in regulations issued by the Secretary pursuant to the Multifamily
Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part
58.
2. If the Grantee is a housing authority, redevelopment agency, academic institution,
hospital, or other non-profit organization, the Grantee shall request the unit of
general local government, Indian Tribe, or Alaskan Native Village, within
which the project is located an� which exercises land use responsibility, to
assume all of the responsibilities for environmental review and decision-mal�ing
as specified in paragraph C.1 above, and the Grantee shall carry out all of the
responsibilities of a recipient under 24 CFR Part 58.
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D. Administrative requirements of OMB Circular A-133 "Audits of States, Local
governments and Non-Profit Organizations."
E. For State and Local Governments, the Administrative requirements of 24 CFR Part
85, including the procurement requirements of 24 CFR Part 85.36, and the
requirements of OMB Circular A-87 regarding Cost Principles for State and Local
Governments. For Non-Profits, the Administrative requirements of 24 CFR Part 84,
including the procurement requirements of 24 CFR Part 84.40, and OMB Circular A-
122 regarding Cost Principles for Non-Profit Institutions. For Institutions of Higher
Education the applicable ONIB Circular regarding Cost Principles is A-21.
F. The regulations at 24 CFR Part 87, related to lobbying; including the requirement that
the Grantee obtain certifications and disclosures from all covered persons.
G. The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Warlcplace.
H. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24.
I. The Grantee will comply with all accessibility requirements under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR
Part 8, where applicable.
J. The regulations at 24 CFR Part 35, where applicable, regarding Lead-Based Paint
Poisoning Prevention in Certain Residential Structures.
ARTICLE II. Conditions Precedent to Draw Down.
The Grantee may not draw down grant funds until the following actions have taken place:
A. The Grantee has received and approved any certifications and disclosures required by
24 CFR 87.100 concerning lobbying.
B. Any other conditions listed in Article VII (C) of this Grant Agreement.
ARTICLE III. Draw Downs.
A. A request by the Grantee to draw down grant funds under the Voice Response Access
system or any other payment system constitutes a representation by the Grantee that it
and all participating parties are complying with the terms of this Grant Agreement.
B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the
time elapsing between transfer of the grant funds and disbursement for project
purposes and otherwise follows the requirements of 24 CFR Part 85 ar Part 84 and
Treasury Circular 1075 (31 CFR Part 205).
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C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which
are exempt from environmental review under 24 CFR Part 58 and may charge the
costs to the grant.
ARTICLE IV. Progress Reports.
A. The Grantee shall submit to the Grant Officer a progress report every six months after
the effective date of the Grant Agreement. Progress reports shall consist of (1) a
nan�ative of work accomplished during the reporting period and (2) a completed
Financial Status Report - Form 269 A.
HLJD may require additional information or increased frequency of reporting as
described in Article VII ( C).
B. The perfoimance reports must contain the information required under 24 CFR Part
85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a comparison of actual
accomplishment to the objectives indicated in the approved application, the reasons
for siippage if estabiished objectives were not met, and additionai pertinent
information including explanation of significant cost overruns.
C. No grant drawdowns will be approved for projects with overdue progress reports.
ARTICLE V. Project Close-out.
A. The grantee shall submit to the Grant Officer a written request to close-out the grant
30 days after the grantee has drawn down all funds and completed the activities
described in the application, as may be amended. The final report shall consist of (1)
a narrative of all worlc accomplished during the project period and (2) a completed
Financial Status Report - Form 269 A covering the entire project period.
HUD will then send the Close-out Agreement and Close-out Certification to the
Grantee. At HUD's option, the Grantee may delay initiation of project close-out until
the resolution of any HUD monitoring findings. If HUD exercises this option the
Grantee must promptly resolve the findings.
B. The Grantee recognizes that the close-ot�t process may entail a review by HUD to
determine compliance with the Grant Agreement by the Grantee and all participating
parties. The Grantee agrees to cooperate with any review in any way possible,
including malcing available records requested by HLJD and the project for on-site
HLJD inspection.
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C. The Grantee shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Close-out Agreement.
3. A final financial report giving the amount and types of pr-oject costs charged
to the grant (that meet the allowability and allocability requirements of OMB
Circular A-122, A-87 or A-21 as applicable, including the "necessary and
reasonable" standard); a certification of the costs; and the amounts and
sources of other project funds.
4. A final performance report providing a comparison of actual accomplishments
with each of the project commitments and objectives in the approved
application, the reasons for slippage if established objectives were not met and
additional pertinent information including explanation of significant cost
oveiruns.
D. The Grantee agrees that the grant funds are allowable only to the extent that the
project costs, meeting the standard of OMB Circular A-122, A-87 or A-21 as
applicable, equal the grant amount plus other sources of project funds provided.
E. When HUD has determined that the grant funds are allowable, the activities were
completed as described by the Grant Agreement, and all Federal requirements were
satisfied, HUD and the Grantee will sign the Close-out Agreernent and Close-out
Certificate.
F. The Close-out Agreement will include the Grantee's Agreement to abide by any
continuing federal requirements.
ARTICLE VI. Default.
A default under this Grant Agreement shall consist of using grant funds for a
purpose other than as authorized by this Agreement, any noncompliance with legislative,
regulatory, or other requirements applicable to the Agreement, any other material breach
of this Agreement, or any material misrepresentation in the application submissions.
ARTICLE VII. Additional Provisions.
A. Project Description. The project is as described in the application with the following
changes:
None
B. Changes or Clarification to the Application Related to Participating Parties:
The Administrative Agent if any:
C. Special Conditions:
The 2006 HUD Appropriations Act provid�s that no funds made available
under the Act may be used t� s�pport any Federal, State or local projects that
seek to use the power of eminent dor:�ain, unless emi��ent domain is employed
only for a�ublic use. For purposes of this �rovision, public use shall not be
construed to include economic development that primari�y benefits public
entitites.
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U.S. Department of Housing
and Urban Development
City of Fort Worth
Mr. Dale Fisseler
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Authorized Signature Aut orized Si t e
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Deputy Assistant Secretary
for Economic Development
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Assistance Award/Amendment
1. Assistance Instrument
� Cooperative Agreement
3. Instrument Number
B-06-SP-TX-1003
7. Name and Address of Recipient
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
EIN:75-6000528
10. Recipient Project Manager
Dale Fisseler
11. Assistance Arrangement
� Cost Reimbursement
� Cost Sharing
� Fixed Price
14. Assistance Amount
Previous HUD Amount
HUD Amount this Action
Total HUD Amount
Recipient Amount
Total Instrument Amount
U.S. Department of Housing
and Urban Development
Office of Administration
2. Type of Action
❑X Grant � Award � Amendment
4. Amendment Number 5. Effective Date of this Action 6. Control Number
12. Payment Method
� Treasury Check Reimbursement
� Advance Check
� Automated Clearinghouse
$198,000.00
$198,000.00
$198,
16. Description
To the City of Fort Worth, Texas for the Central City revitalization initiative
8. HUD Administering Office
CPD, EDI Special Project Division
451 7th Street, SW, Rm 7146
Washington, DC 20410-7000
8a. Name of Administrator � 8b. Telephone Number
9. HUD Government Technical Representative
Theresa Slye 202-708-3773, Extension: 4421
13. HUD Payment Office
Chief Financial Officier
15. HUD Accounting and Apropriation Data
15a. Appropriation Number I
Amount Previously Oblic
Obligation by this Action
This Award consists of the following items which are appended to and hereby made part of this Award:
(A) Cover Page - HUD 1044
(B) Grant Agreement
Special Conditions:
15b. Reservation Number
EID 06
Plea�sP contact Tack Pipkin - I�LT� ArQa Environ�►ental Offi�er at 817-978-5985, CO��e:�1��:1b
environmental review. NO FLTNDS may be committed to the project or drawn down prior to
environmental release of funds approval.
1�' �Recipient is required to sign and return three (3) copies of
this document to the HUD Administering Office.
19, Recipient (By Name):
Mr. Dale Fisseler
Signature & Title: ,
Assistant City Manage
Previous Editions are Obsolete
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18.
❑ Recipient is not required to sign this document.
20. HUD (By Name):
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for Economic Devel
98,000.00
98,000.00
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Date:
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form H -1044 (8/9G)
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/29/2006 - Ordinance No. 17125-08-2006
DATE: Tuesday, August 29, 2006
LOG NAME: 17EDIOAKSH REFERENCE NO.: G-15373
SUBJECT:
Authorize Application for and Acceptance of an Economic Development Initiative - Special Purpose
Grant to Support the Central City Revitalization Initiative within the Oakland Corner Urban Village;
Authorize Execution of Related Grant Agreement; and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept an Economic Development Initiative (EDI) —
Special Purpose grant in the amount of $198,000 from the U.S. Department of Housing and Urban
Development (HUD) to support the Central City revitalization initiative within the Oakland Corner Urban
Village;
2. Authorize the City Manager to execute a grant agreement with HUD, if the City is awarded the grant;
and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $198,000, upon receipt of the grant.
DISCUSSION:
During the FY2006 federal appropriations process, the City requested and received an EDI — Special
Purpose Grant of $198,000 to support Fort Worth's Central City revitalization initiative. An essential
component of the initiative consists of supporting "catalyst projects" within Fort Worth's central city, with
emphasis on projects that redevelop urban villages as designated in the City's Comprehensive Plan. The
EDI Grant (B-06-SP-TX-1004) will be used to leverage private investment that will renovate a dilapidated
and vacant shopping center located at the north east corner of Oakland Boulevard and East Lancaster
Avenue.
The redevelopment of the Oakland Shopping Center has been a significant element to the overall
revitalization strategy of the Oakland Corners Urban Village as originally presented to City Council in
November 2001. The project consists of the renovation of an existing 48,000 square foot shopping
center and the construction of a new commercial use on the site of a Grandy's destroyed by fire in 2002. It
is anticipated that the $1,500,000 investment would result in bringing jobs to the area, filling the vacant
commercial space, and upgrading the tenant mix as well as the appearance of the retail center. The EDI
grant helps to address the financial gap of the project and is therefore is a part of an incentive package,
which will be outlined for City Council consideration at a later date.
The Project is located in COUNCIL DISTRICT 8 and in the Oakland Corners Urban Village.
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant, and
adoption of the attached appropriation ordinance, funds will be available in the current operating budget as
appropriated, of the Grants Fund.
TO Fund/Account/Centers
GR76 451727 017206111000 $198,000.00
G R76 5 $198, 000.00
(VARIOUS) 017206111010
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Dale Fisseler (6140)
Tom Higgins (6192)
Christine Maguire (8187)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007