HomeMy WebLinkAboutContract 35841 CITY SECRETARY
CONTRACT NO.
FY 2005 EDI-SPECIAL PROJECT NO. B-05-SP-TX-0296
GRANT AGREEMENT
This Grant Agree ent 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 108-447 (VA-HUD-Independent Agencies Appropriations Act
for FY2005) and a listi, g of certain specific Economic Development Initiative Special
Projects specified in the Conference Report accompanying the Act(HR 108-792). The
Amount shown below is 99.20%of the amount specified in the Conference Report
because of a .80%rescission mandated in the Act. The Grantee's application package, as
may be amended by the provisions of this Grant Agreement, is hereby incorporated 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 Agreement, HUD will make grant funds in
the amount of$198,400 available to the Grantee.
The Grantee agrees to abide by the following:
ARTICLE I. HUD 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 regulations 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. 794)
and implementing regulations at 24 CFR Part 8.
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 grant funding construction covered by 24 CFR 135, the requirements
of section 3 of he Housing and Urban Development Act of 1968, (12 U.S.C.
1701u) which r quires 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 HUD's responsibilities under these Orders, the Grantee must
make 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 ininority business
enterprises and women business enterprises 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 and which exercises land use responsibility, to
assume all of the res�cnsibilities for environmental review and decision-ra kii.ig
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.
D. Administrative requirements of OMB Circular A-133 "Audits of States, Local
governments and N -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 OMB 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 Workplace.
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 �4 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 8 7.100 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 or Part 84 and
Treasury Circular 1075 (31 CFR Part 205).
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
narrative of work accomplished during the reporting period and(2) a completed
Financial Status Report - Form 269 A.
HUD may require additional information or increased frequency of reporting as
described in Article VII ( C ).
B. The performance 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 slippage if established objectives were not met, and additional 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 work 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-out 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 making available records requested by HUD and the project for on-site
HUD inspection.
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 fins cial report giving the amount and types of project 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
overruns.
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 Agreement 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:
None
U.S. Department of Housing City of Fort Worth
and Urban Development
Mr. Dale Fisseler
Authorized Signature .Authorized Si ature
_Otto V. Banks � C�T�-�--In�CH�CIQ
Deputy Assistant Secretary Title
for Economic Development
V -7
Date - -
Date
APPROVED AS TO
FOB LEGALITY:
ASSISTANT CITY ATTORNEY
Attested By-
f�tarty 1-ie ri�c
City Secretary
c�_ 15a n -
Contract Authorization
_ ,- _,
pater
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1.Assistance Instrument 2.Type of Action
Cooperative Agreement X Grant Award Amendment
3.Instrument Number 4. mendment Number 5.Effective Date of this Action 6.Control Number
B-05-SP-TX-0296
7.Name and Address of Recipient 8.HUD Administering Office
City of Fort Worth CPD,EDI Special Project Division
1000 Throckmorton Street 451 7th Street,SW,Rm 7146
Fort Worth,TX 76102 Washington,DC 20410-7000
EIN:75-6000528 ——
8a.Name of Administrator 8b.Telephone Number
10.Recipient Project Manager 9.HUD Government Technical Representative
Dale Fisseler Theresa Slye 202-708-3773,Extension: 4421
11.Assistance Arrangement 12.Payment Method 13.HUD Payment Office '
Cost Reimbursement Treasury Check Reimbursement Chief Financial Officier
11 Cost Sharing Advance Check
Lx] Fixed Price LX Automated Clearinghouse
14.Assistance Amount 15.HUD Accounting and Apropriation Data
Previous HUD Amount 15a.Appropriation Number 15b.Reservation Number
HUD Amount this Action $198,400.00 EID 05
Total HUD Amount $198,400.00 Amount Previously Obligated
Recipient Amount Obligation by this Action $198,400.00
Total Instrument Amount $198,400.00 Total Obligation $198,400.00
16.Description
for the Fort Worth Urban Villages Revitalization Initiative in Fort Worth,Texas for downtown improvements
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:
Please_contact.Pack Pipkin-HUD Area Environmental Officer at 817-978-5985,
Jack_L._Pipkin@hud.gov concerning environmental review. NO FUNDS may be committed to the
project or drawn down prior to environmental release of funds approval.
17, Recipient is required to sign and return three(3)copies of 18. 0Recipient is not required to sign this document.
this document to the HUD Administering Office.
19.Recipient(By Name): 20.HUD(By Name):
Mr. Dale Fisseler �v� Otto V. Banks
Signature&Title: V Date: Signature and 04
Date:
Assistant City Manager fJ7 DAS fo conomic Deve o men
Previous Editions are Obsolete form HUD-1044 8/90)
Ref.Handbook 2210.17
Page 1 of
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/17/2007 - Ordinance #17662-07-2007
DATE: Tuesday, July 17, 2007
LOG NAME: 06LANCASTMEDIAN REFERENCE NO.: G-15787
SUBJECT:
Authorization to Rescind M&C G-15593, Authorization to Apply for and Accept an Economic
Development Initiative Special Project Grant for the Lancaster Avenue Median Lighting Project or
Another Appropriate Project Located in the Lancaster Corridor Redevelopment Area, Authorize
Execution of a Grant Agreement with the U.S. Department of Housing and Urban Development and
Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the rescission of M&C G-15593 adopted on January 23, 2007;
2. Authorize the City Manager to apply for and accept, if awarded, an Economic Development Initiative
(EDI) Special Project grant in the amount of $198,400 from the U.S. Department of Housing and Urban
Development (HUD) for the Lancaster Avenue Median Lighting project or another appropriate project
located in the Lancaster Corridor Redevelopment area;
3. Authorize the City Manager to execute a Grant Agreement with HUD to fund the Lancaster Avenue
Median Lighting project or another appropriate project located in the Lancaster Corridor Redevelopment
area; and
4. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Grants Fund by $198,400 upon receipt of the grant.
DISCUSSION:
On January 23, 2007, the City Council approved (M&C G-15593) applying this HUD EDI grant to the
redevelopment of the Texas and Pacific Warehouse or 'other complementary project" along Lancaster
Avenue as part of the Lancaster Corridor Redevelopment project. The owner of the Texas and Pacific
Warehouse recently decided to delay implementation of the Texas and Pacific Warehouse
redevelopment. As a result of this recent decision, the Lancaster Avenue Median Lighting project or
another appropriate project located in the Lancaster Corridor Redevelopment area are recommended for
the use of the HUD EDI funds.
On February 14, 2006, the City Council approved (M&C C-21291) a design contract with Cliff Garten &
Associates, Inc., for the Lancaster Avenue Median Lighting project, known as the Avenue of Light, and
appropriated $1,000,000 for the fabrication and installation of the Avenue of Light, a series of internally-lit,
laser-cut stainless steel sculptures in the median of Lancaster Avenue, between Lamar and Commerce
Streets. The current proposal is for six sculptures approximately 35 feet in height, which are designed as
volumes to be filled with sunlight during the day and artificial light provided by internal metal halide lamps
during the evening and night. The Avenue of Light project is a component of the Lancaster Corridor
Redevelopment project.
The Lancaster Corridor Redevelopment project uses the redesign of Lancaster Avenue as a catalyst to
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/1/2007
Page 2 of
redevelop the south end of Downtown, and to connect Downtown more effectively with the Medical District
and the Near East Side areas. The reconstruction of Lancaster Avenue is intended to transform the street
into a great urban place with a lively mix of pedestrian-oriented activities.
The HUD EDI grant would reimburse City funds used to provide necessary infrastructure for the steel
beacons, including bringing electric service to five medians, as well as site work and construction of
concrete pilings and bases for the sculptures.
The HUD EDI funds do not have a matching requirement.
The project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, award of the grant, and
adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grant Fund. Funds will be reimbursed by grantor after expenditures are made.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451727 006206164000 $198,400.00
GR76 $198,400.00
5 (VARIOUS) 006206164010
Submitted for City Manager's Office by: Dale Fisseler (6266)
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: Patrina Newton (8068)
Eric Fladager (8011)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/1/2007