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Home My WebLink AboutContract 38619CITY SEC NONTRCT No� 3r��P /1 a FY 2008 EDI-SPECIAL PROJECT NO, B-08-SPJX-0414 GRANT AGREEMENT (Includes Sub -Grantee) This Grant Agreement between the Department %J Housing and Urban Development (HUD) and City of Fort Worth (the Grantee) is made pursuant to the authority of Public Law 110.161 (Consolidated Appropriations Act, 2008) and a listing of certain specific Economic Development Initiative Special Projects specified in the Congressional Record of December 17, 2007. The amount shown below is 98.00% of the amount specified in the Congressional Record of December 17, 2007, because of a 2.00% reduction mandated by the Act. The Grantee's application, 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 $539,000 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 VIII (A) of this Grant Agreement. B. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: 1. or projects involving housing, the requirements of the Fair 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. FHousing 2. The requirements of Title VI of the Civil Rights Act of 1964 (Al U.S.C. MOM)MOM)(Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part i . 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. OFI~'iCiAL REC®RD CITY�ECRETARY FT. WORTH, TX 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 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 minority 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 responsibilities for environmental review and decision -making 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. ®FFICIAL RECORD CITY SECRETARY FT. WIORTH, TX 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 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 implernented 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. K. The regulations at 24 CFR Part 5.109, where applicable, regarding Equal Participation of Religious Organizations in HUD Programs and Activities. ARTICLE II. Agreement to Enforce Compliance by the Sub -Grantee with the requirements of this Grant Agreement. A. The Grantee agrees to enter into aSub-Grant Agreement with each Sub -Grantee that will have responsibility for designated aspects of project performance as identified in the application and Article VIII (B) of the Grant Agreement. The Sub -Grant Agreement shall commit the Sub -Grantee to comply with the terms of this Grant Agreement. B. The Grantee agrees to enforce compliance by the Sub -Grantee with the terms of this Agreement. C. The Sub -Grant Agreement between the Grantee and the Sub -Grantee shall contain the following: 1. The activities to be undertaken by the Sub -Grantee, consistent with the activities described in the Grantee's application as ix�odified by Article VIII (A) of this Grant Agreement. OFFICIAL RECORD CITI(�CRETARY T. WORTH, TX 2. All applicable equal opportunity requirements set forth in Article I, Section B of this Grant Agreement. 3. Anti -lobbying requirements in 24 CFR Part 87, including the requirement to provide certain certifications and/or disclosures to the Grantee. 4. The administrative requirements of 24 CFR Part 84 or Part 85 as appropriate and Treasury Circular 1075, that grants funds shall not be requested or disbursed by the Grantee until needed and shall be the minimum amount necessary. Additional requirements for draw downs are in Articles III and IV. 5. The cost charges to the grant must be allowable (including the "reasonable and necessary" standard) and allocable as specified in OMB Circular A-87, A- 122 or A-21 as appropriate. 6. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. 7. 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. 8. Restrictions on participation by ineligible, debarred or suspended persons or entities as described in Executive Order 12549 and at CFR 24 Part 5.105(c). ARTICLE III. Conditions Precedent to Draw Down. The Grantee may not draw down grant funds until the following actions have taken place: A. The Grantee and each Sub -Grantee have executed a contract as required by Article II. B. The Grantee has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying and by 24 CFR 24.510(b) regarding ineligibility, suspension and debarment. C. Any other conditions listed in Article VIII (C) of this Grant Agreement, ARTICLE IV. Draw Downs. A. A request by the Grantee to draw down grant fiends 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 t��ICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 V. 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 one -page narrative of work accomplished during the reporting period and (2) a completed Financial Status Report - Form 269 A. HUD may require additional I nformation or increased frequency of reporting as described in article VIII C. B. The performance reports must contain the infornation 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 VI. 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 Certificate of Project Close-out. 2. A Grant Close-out Agreement. O��tCIAL REGARD CITY�CRETARY FT. WOMI TX j 3. A final financial 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, A47 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 perFo�7nance report providing a comparison of actual accomplislu►►e►►t with each of the project commitments and 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. 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 projects 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, ARTICLE VII. 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 VIII. Additional Provisions. A. Project Description. The project is as described in the application with the following changes: B. Changes or Clarification to the Application Related to Participating Parties: The grantee may elect to sub -grant all or a portion of this grant to: Tarrant Regional Water District The Adminstrative Agent if any: C. Special Conditions: The Consolidated Appropriations Act, 2008 provides that no funds made available under the Act may be used to support any Federal, State or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For purposes of this provision, public use shall -- not be construed to include economic development that primarily benefits privat�pRD entitites. �:r r`�f RETl4RY fF�.'�'CittiH, `TX U.S. Department of Housing and Urban Development Authorized Signature Robert Duncan Associate Deputy Assistant Secretary for Economic Development j a$/04 v o 9 Date City of FOR Worth Mr. Fernando Costa Authorized Signature Assisi-Gnt Title Cry Man aye► Date/iZ9�09 ASSISTANT ATTQRNEY � _Z � , p q ®FFiC1Al �tEC4RD CI7Y�CRETARY F7: WORTH, TX Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument Cooperative Agreement LX Grant 3. Instrument Number 4. Amendment Number B-08-SP-TX-0414 7. Name and Address of Recipient City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 EIN:75-6000528 10. Recipient Project Manager Fernando Costa 11. Assistance Arrangement Cost Reimbursement Cost Sharing Fixed Price 14. Assistance Amount 12. Payment Method Treasury Check Reimbursement Advance Check XI Automated Clearinghouse Previous HUD Amount HUD Amount this Action $539,000.00 Total HUD Amount $539,000.00 Recipient Amount Total Instrument Amount $539,000.00 L. Type of Action Award 5. Effective Date of this Action Amendment 6. Control Number 8. HUD Administering Office CPD, EDI Special Project Division 451 7th Street, SW, Rm 7146 Washington, DC 20410-7000 8a. Name of Administrator Sb. Telephone Number 9. HUD Government Technical Representative Theresa Slye 202-708-3773, Extension: 4421 13. HUD Payment Office Chief Financial Officier 15. 15HUD Accounting and Apropriation ata a. Appropriation Number i 15b. Reservation Number EID 08 Amount Previously Obligated � Obligation by this Action $539,000.00 Total Obligation $539,000,00 16. Description foI facilities design, construction, and property acquisition of the Trinity River Vision plan 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 OFFICIAL RECORD CITYSECRETARY FT. WORTH, TX Special Conditions: Please contact Jack Pipkin -1=YUD Area Environmental Officer at 817-978-5�85, Jack_L._Pipkin@hud.gov concerning environmental review. NO FUNDS maybe 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 X this document to the HUD Administering Office. 19. Recipient (By Name): Mr. Fernando Costa Signature & Title: Assistant City Manage Previous Editions are Obsolete Fu 18. f � Recipient is not required to sign this document. 20. HUD (By Name): n� �j�yor 0 Title: ,DAS for Economic Development form HUG-1044 Ref. Ha ndbook 2210.17 ASSISTANT 01 ATTORNEY � City Secretary L. Type of Action Award 5. Effective Date of this Action Amendment 6. Control Number 8. HUD Administering Office CPD, EDI Special Project Division 451 7th Street, SW, Rm 7146 Washington, DC 20410-7000 8a. Name of Administrator Sb. Telephone Number 9. HUD Government Technical Representative Theresa Slye 202-708-3773, Extension: 4421 13. HUD Payment Office Chief Financial Officier 15. 15HUD Accounting and Apropriation ata a. Appropriation Number i 15b. Reservation Number EID 08 Amount Previously Obligated � Obligation by this Action $539,000.00 Total Obligation $539,000,00 16. Description foI facilities design, construction, and property acquisition of the Trinity River Vision plan 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 OFFICIAL RECORD CITYSECRETARY FT. WORTH, TX Special Conditions: Please contact Jack Pipkin -1=YUD Area Environmental Officer at 817-978-5�85, Jack_L._Pipkin@hud.gov concerning environmental review. NO FUNDS maybe 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 X this document to the HUD Administering Office. 19. Recipient (By Name): Mr. Fernando Costa Signature & Title: Assistant City Manage Previous Editions are Obsolete Fu 18. f � Recipient is not required to sign this document. 20. HUD (By Name): n� �j�yor 0 Title: ,DAS for Economic Development form HUG-1044 Ref. Ha ndbook 2210.17 ASSISTANT 01 ATTORNEY � City Secretary COUNCIL ACTION; Approved on 4/28/2009 - Ord. NO. 18580-04-2009 DATE: Tuesday, April 28, 2009 LOG NAME: 02TRV EDI FY08 REFERENCE NO.: C-23476 SUBJECT: Authorize Acceptance of an Economic Development Initiative Special Project Grant in the Amount of $539,000.00 from the United States Department of Housing and Urban Development for the Trinity River Vision Urban Waterfront Project, Execute Related Grant Agreement with United States Department of Housing and Urban Development, Authorize Execution of an Interlocal Agreement with the Tarrant Regional Water District as the Sub -Grantee and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of an Economic Development Initiative Special Project grant in the amount of $539,000.00 from the United States Department of Housing and Urban Development for the Trinity River Vision Urban Waterfront project; 2. Authorize the City Manager to execute a Grant Agreement with the United States Department of Housing and Urban Development, upon award of the grant; 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund by $539,000.00, upon receipt of the grant; and 4. Authorize the City Manager to execute an Interlocal Agreement with the Tarrant Regional Water District, as the sub -grantee, in an amount not to exceed $539,000.00, contingent upon receipt of the grant. DISCUSSION: During the Fiscal Year 2008 federal appropriations process, the City received an Economic Development Initiative (EDI) Special Project grant from the United States Department of Housing and Urban Development (HUD) in the amount of $539,000.00. The grant (13-08-SP-TX-0414), funded by the Congress in the Consolidated Appropriations Act, 2008 (PL 110-161) and as described in the Congressional Record of December 17, 2007, specifies $539,000.00 for construction of the Trinity River Vision project. The grant is proposed for land acquisition to facilitate the development of the Trinity River Vision Urban Waterfront project. On June 3, 2003, the City Council adopted the Trinity River Vision Master Plan as a guide for future development along the Trinity River and its major tributaries. Tarrant Regional Water District (TRWD), in cooperation with Streams and Valleys, Inc., the U.S. Army Corps of Engineers and the City of Fort Worth, led the effort to prepare the master plan. The project will alter the flow of the Trinity River at the confluence of the Clear and West Forks near Downtown. The purpose of this project is to reduce central city flooding threats, especially in the "sump Logname: 02TRV EDI FY08 Page 1 of 2 areas" that still remain in the 100-year floodplain. The proposed improvements will also control the flow of the Trinity River so as to allow greater public access to the river and to create an urban waterfront. The City Council, the Tarrant County Commissioners Court, the TRWD board and Streams and Valleys, Inc., have endorsed the urban waterfront concept. The Fiscal Year 2008 HUD EDI grant does not have a matching requirement. The City of Fort Worth will administer the grant on a pass -through basis with the TRWD as the sub grantee. This project is located in COUNCIL DISTRICTS 2 and 9 and benefits the entire City. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services 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. FUND CENTERS: TO Fund/Account/Centers GR76 451727 002206342000 GR76 539120 002206342010 CERTIFICATIONS: FROM Fund/Account/Centers $539,000.00 GR76 539120 002206342010 $539,000.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Fernando Costa (8476) Randle Harwood (6101) Randle Harwood (6101) $539,000.00 Logname: 02TRV EDI FY08 Page 2 of 2