HomeMy WebLinkAboutContract 35747 ITY
CON R CR NO Y3���
FY 2006 EDI-SPECIAL PROJECT NO. B-06-SP-TX-0985
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 (Department of Housing and Urban Development
Appropriation 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 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 S643,500 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.
1 '' � AUG 17 2007
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.
1701 u) 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.
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 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 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).
'All _�
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
infonnation 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.
l Or`�• ^f.V
a
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 project costs charged
to the gran (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 finds.
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:
Tarrant Regional Water District
C. Special Conditions:
The 2006 HUD Appropriations Act provides that no funds made availablF�- ,.
under the Act maybe used to support any Federal, State or local projects tha0J''IA 'UMv1
seek to use the power of eminent domain, unless eminent domain is emp yej T'
only for a public use. For purposes of this provision, public use shall not be, �, ' :SOUTH' TIEKL
construed to include economic development that primarily benefits private
entitites.
i
4
U.S. Department of Housing City of Fort Worth
and Urban Development Ms. Karen Montgomery
Authori Signature Authorized Signature
Assistant Cit Mana er/CFO
Deputy Assistant Secretary Title
for Economic Development
67 - July- 5_,. _2007 --
Date l Date
f
r2-M-o6
Attested By
Marty He ix
City Secretary -
Il� ellL7J�t0�lf�
N
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/19/2006 - Ordinance No. 17319-12-2006
DATE: Tuesday, December 19, 2006
LOG NAME: 03TRV EDI FY06 REFERENCE NO.: **C-21890
SUBJECT:
Authorization to Apply for and Accept an Economic Development Initiative Special Project Grant
from the U.S. Department of Housing and Urban Development for the Trinity River Vision Urban
Waterfront Project; Execute Related Grant Agreement with HUD; Authorize Execution of Related
Interlocal Agreement with the Tarrant Regional Water District 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
Project grant in the amount of $643,500 from the U.S. Department of Housing and Urban Development
(HUD) for the Trinity River Vision Urban Waterfront project;
2. Authorize the City Manager to execute a Grant Agreement with HUD, upon award of the grant;
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Grants Fund by $643,500, upon receipt of the grant; and
4. Authorize the City Manager to execute an Interlocal Agreement with the Tarrant Regional Water District
(TRWD), as the subgrantee, in an amount not to exceed $643,500, contingent upon the award and receipt
of the grant.
DISCUSSION:
During the FY 2006 federal appropriations process, the City was awarded an EDI Special Projects grant
from HUD in the amount of $643,500. The grant (B-06-SP-TX-0985), referenced in the Congressional
Record of November 18, 2005, and accompanying the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent Agencies Act of 2006 (PL 109-115),
specifies $643,500 for construction of the Trinity River Vision project. The funding 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. 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 master plan recommends altering 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 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.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/6/2007
Page 2 of 2
The FY 2006 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 subgrantee. Under the proposed Interlocal
Agreement, TRWD will expend the funds as authorized by and in accordance with the HUD Grant
Agreement.
This project is located in COUNCIL DISTRICTS 2 and 9.
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 FROM Fund/Account/Centers
G R76 451727 003206160000 $643,500.00 G R76 539120 003206160010 $643,500.00
GR76 539120 003206160010 $643,500.00
Submitted for City Manager's Office by: Karen Montgomery (2689)
Originating Department Head: Bridgette Garrett (8500)
Additional Information Contact: Sandy Oliver (7371)
r--"
'Ji' �rp r
http://www.cfwnet.org/council_packet/Reports/mc_print.asp �' JU'p 904071