HomeMy WebLinkAboutContract 37110i YoRETARY
NTRAC NO,
INTERLOCAL COOPERATION AGREEMENT
(HUD Sub -Grant Agreement/FY 05)
This INTERLOCAL COOPERATION AGREEMENT ("Agreement") is
entered into by and between the CITY OF FORT WORTH ("City"), a home rule
municipal corporation organized under the laws of the State of Texas, and TARRANT
REGIONAL WATER DISTRICT ("TRWD"), a water control and improvement
district organized under the laws of the State of Texas.
RECITALS
The City and TRWD hereby agree that the following statements are true and
correct and constitute the basis upon which the City and TRWD have entered into this
Agreement:
A. The City has worked with TRWD and the U.S. Army Corps of Engineers
as well as other governmental entities and agencies to develop a flood protection program
and master plan for the Trinity River that is generally referred to as the "Trinity River
Vision", including a portion in the Central City known as "Trinity Uptown" (the "Trinity
Uptown Project"). The Trinity Uptown Project calls for construction of numerous
capital projects that will require the acquisition of certain private property by TRWD.
B. The City has received a grant from the United States Department of
Housing and Urban Development ("HUD") (Grant Number B-OS-SP-TX-0650 in the
amount of $719,200.00) (the "Grant" or the "Grant Funds") for the construction of
urban waterfront improvements for the Trinity Uptown Project and related land
acquisition. The terms and conditions of the Grant are more specifically set forth in that
certain Grant Agreement by and between the City and HUD, a public document on file in
the City Secretary's Office as City Secretary Contract No. 35171 (the "Grant
Agreement"). The Grant Agreement is incorporated herein by reference for all purposes.
C. TRWD is named as the sub -grantee under the Grant Agreement. In
accordance with and as required by Article II of the Grant Agreement, the City and
TRWD wish to enter into this Agreement to enforce compliance by TRWD with the
requirements of the Grant Agreement.
D. This Agreement is authorized by Sections 791.001 through 791.029 of the
Texas Government Code. The performance of this Agreement by both the City and
TRWD Fwill be inih common interest of both parties and will benefit the general public.
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Interlocal Agreement between City of Fort Worth and Tarrant Regional Water District
HUD EDI Grant/FY 05 for Trinity Uptown Property Acquisition
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the City and TRWD agree as follows.
AGREEMENT
1. INCORPORTION OF RECITALS.
The City and TRWD hereby find and agree that the recitals set forth above are
true and correct and form the basis upon which the City and TRWD have entered into this
Agreement.
2. TERM.
This Agreement shall be effective as of February 18, 2007 (the "Effective Date")
and, unless terminated earlier in accordance with this Agreement, shall expire on
February 17, 2012 (the "Expiration Date"). Notwithstanding anything to the contrary
herein, the Expiration Date is not subject to extension by virtue of Force Majeure (as
defined in Section 12).
3. ACQUISITION OF
Pursuant to and in accordance with this Agreement, the City will reimburse
TRWD for real property acquired by TRWD for the Trinity Uptown Project or allow
TRWD to draw down funds in order to acquire real property and any improvements
located on such real property for the Trinity Uptown Project (the "Purchased
Property"). Title to all Purchased Property shall vest in TRWD and shall be used by
TRWD for the purposes authorized by the Grant Agreement.
3.1. Environmental Certification by HUD.
The City agrees to assume all of the responsibilities for environmental
review of the Trinity Uptown Project, including the Purchased Property, in
accordance with 24 CFR Pant 58. TRWD understands and agrees that the City
cannot provide any funding to TRWD pursuant to this Agreement until HUD has
W
pproved'�environmental certification in accordance with 24 CFR Part 58.
3.2 Compliance with Uniform Relocation Act.
In acquiring the Purchased Property, TRWD shall comply with all
aplicable provisions and procedures of the Uniform Relocation Assistance and
p
Real Property Acquisition Policies Act of 1970, as codified at 42 U.S.C. § 4601 et
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Interlocal Agreement between City of Fort Worth and Tarrant Regional Water District
I1CJD EDI Grant/FY OS for Trinity Uptown Property Acquisition
seq., and all applicable regulations set forth in Title 49, Part 24 of the Code of
Federal Regulations (Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally -Assisted Programs) (collectively, the
"Uniform Relocation Act").
3.3. Use of Eminent Domain Prohibited.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,
GRANT FUNDS MAY NOT BE USED TO PAY FOR PURCHASED
PROPERTY ACQUIRED BY MEANS OF EMINENT DOMAIN OR
THROUGH SETTLEMENT OR BY OTHER MEANS AFTER AN EMINENT
DOMAINACTION TO ACQUIRE SUCH PROPERTY HAS BEEN FILED.
3.4. Documentation Provided by TRWD as Precondition to Fundin
In order to receive a reimbursement or draw of Grant Funds for Purchased
Property, TRWD shall provide the City's Trinity River Vision Director or the
City Manager with (1) a written request for funding; (ii) a legal description of the
Purchased Property acquired or to be acquired; (iii) a copy of the appraisal
obtained by TRWD in accordance with the Uniform Relocation Act; (iv) a copy
of the purchase agreement executed by and between TRWD and the owner of the
Purchased Property for which funding is sought hereunder; (v) for any Purchased
Property previously acquired by TRWD and for which TRWD is seeking a
reimbursement, a copy of the canceled check and/or any other documentation
reasonably necessary to verify the actual purchase price of the Purchased
Property; and (vi) any other documentation reasonably requested by the City to
demonstrate compliance by TRWD with the Uniform Relocation Act and the
Grant Agreement. Subject to any restrictions in the Grant Agreement, the City
will pay TRWD the amount of reimbursement or draw request within thirty (30)
calendar days following provision of all of the documentation specified in the
preceding sentence. For any Purchased Property acquired by TRWD with Grant
Funds drawn down by TRWD, TRWD will provide the City's Trinity River
Vision Director or the City Manager with a copy of the canceled check and/or any
other documentation reasonably necessary to verify the actual purchase price of
the Purchased Property within thirty (30) calendar days following TRWD's
closing on such Purchased Property.
3.5.
Notwithstanding anything to the contrary herein, TRWD agrees that Grant
Funds may only be used to pay for property acquired between the Effective Date
and December 17, 2011 (the "Property Acquisition Deadline").
ll�l ,.oithstanding an to the contrary herein, the Property Acquisition
v�l� ESL Fj�t!D_eadline is not subject to extension by virtue of Force Majeure (as defined in
l i ij ,Vi V � Section 12). The City has reserved the two (2)-month period between the
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Interlocal Agreement between City of Fort Worth and Tarrant Regional Water District
HiJD EDI Grant/FY OS for Trinity Uptown Property Acquisition
Property Acquisition Deadline and the Expiration Date to address administrative
matters required by HUD for close-out of the Grant.
3.6. Compliance with Certain Additional Federal Regulations.
TRWD understands and agrees that, unless otherwise specifically stated in
this Agreement, as a sub -grantee under the Grant Agreement, TRWD is required
to and shall comply with the terms and conditions of the Grant Agreement to the
same extent as the City would be if the City were acquiring the Purchased
Property with the Grant Funds. TRWD hereby acknowledges that it has received
and reviewed the Grant Agreement with its legal counsel. In addition, TRWD
specifically agrees to comply with the following federal laws, rules and
regulations, as applicable.
3.6.1. All equal opportunity requirements set forth in Article LB of the
Grant Agreement.
3.6.2. The anti -lobbying requirements set forth in Title 24, Part 87 of the
Code of Federal Regulations, including the requirement to provide
certain certifications and/or disclosures to the grantee (i.e. the
City).
3.6.3. The administrative requirements set forth in Title 24, Part 85 of the
Code of Federal Regulations. Specifically, but without limitation,
TRWD agrees that if TRWD no longer needs any portion of the
Purchased Property for the Trinity Uptown Project, TRWD will
notify the City in writing and request disposition instructions from
HUD in accordance with and pursuant to 24 C.F.R. § 85.31.
3.6.4. If TRWD seeks to receive a reimbursement or draw down from
Grant Funds for costs associated with the acquisition of Purchased
Property, TRWD shall demonstrate to the reasonable satisfaction
of the City that such costs are allowable and allocable as specified
in OMB Circular A-87, as amended.
3.6.5. The non-discrimination and accessibility requirements under the
Rehabilitation Act of 1973, as codified at 29 U.S.C. § 794, and
implementing regulations at 24 C.F.R. § 8.
�3...6. Pursuant to 24 C.F.R. § 5.105(c), TRWD shall not use the services
any debarred, suspended, or ineligible contractors, as set forth in
24 C.F.R. § 24.
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Interlocal Agreement between City of Fort Worth and Tai7•ant Regional Water District
I�iJD EDI GrantlFY OS for Trinity Uptown Property Acquisition
4. MUTUAL COOPERATION.
The City and TRWD shall cooperate with one another in good faith and comply
with all requests of the other party as reasonably necessary to achieve full compliance
with the Grant Agreement.
5. INDEPENDENT CONTRACTOR.
Nothing contained in this Agreement is intended by the parties to create a
partnership or joint venture between the parties, and any implication to the contrary is
hereby expressly disavowed. It is understood and agreed that this Agreement does not
create a joint enterprise, nor does it appoint any party as an agent of any other parry, for
any purpose whatsoever.
6, LIABILITY.
TRWD HEREBY RELEASES THE CITY AND HOLDS THE CITY
HARMLESS (AND TO THE EXTENT PERMITTED BY LAW, HEREBY AGREES
TO INDEMNIFY THE CITY) FROM AND AGAINST ANY AND ALL CLAIMS,
LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS, THAT
VIA YRELATE TO, ARISE OUT OF OR BE OCCASIONED BY THEACQUISITION
OF THE PURCHASED PROPERTY, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY. IN THE
EVENT THAT HUD REFUSES TO RELEASE GRANT FUNDS FOR THE
PURPOSES ANTICIPATED BY THE CITY AND TRWD HEREUNDER, TRWD
HEREBY RELEASES THE CITY AND HOLDS THE CITY HARMLESS FOR ANY
COSTS THAT MAYBE EXPENDED, INCURRED, OR OBLIGATED BY TRWD ON
ACCOUNT OF SUCH REFUSAL, EXCEPT TO THE EXTENT THAT SUCH
REFUSAL IS DUE TO AN ACT OR OMISSION OF THE CITY UNDER THE
GRANT AGREEMENT ORTHIS AGREEMENT. IN ADDITION TO THE
PRECEDING SENTENCE AND NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN, IN THE EVENT THAT THE CITY ELECTS TO RELEASE
TO TRWD CERTAIN CITY FUNDS THAT HAVE BEEN APPROPRIATED IN
EXPECTATION OF THE CITY'S RECEIPT OF THE GRANT FUNDS AND HUD
SUBSEQUENTLY REFUSES TO RELEASE GRANT FUNDS FOR THE
PURPOSES ANTICIPATED BY THE CITY AND TRWD HEREUNDER, THE CITY
SHALL HAVE NO OBLIGATION TO PAY TRWD ANY ADDITIONAL SUMS
UNDER THIS AGREEMENT UNTIL TRWD HAS REIMBURSED THE CITY IN
FULL. TRWD'S OBLIGATIONS HEREUNDER SHALL IN NO EVENT EXTEND
TO OR IN Z UDE.R��'! � ONSIBILITY OR LIABILITY FOR CONSEQUENTIAL OR
SPECIAL MAUDING SUCHMATTERS AS LOST PROFITS.
'IIPi
IRS
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Interlocal Agreement between City of Fort Worth and Tarrant Regional Water District
I3iJD EDI Grant/FY 05 for Trinity Uptown Property Acquisition
7. NOTICES.
All written notices called for or required by this Agreement shall be addressed to
the following, or such other parry or address as either parry designates in writing, by
certified mail, postage prepaid, or by hand delivery:
City:
Attn: Trinity River Vision Director
City Manager's Office
1000 Throcl morton
Fort Worth, TX 76102
with a copy to:
Attn: City Attorney
City Attorney's Office
1000 Throelmorton
Fort Worth, TX 76102
8. C
REGULATIONS.
TRWD:
Attn: General Manager
Tarrant Regional Water District
800 E. Northside Dr.
Fort Worth, TX 76102
C�
This Agreement will be subject to all applicable federal, state and local laws,
ordinances, rules and regulations, and the City's Charter.
9. NO WAIVER.
The failure of either party to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver
of that party's right to insist upon appropriate performance or to assert any such right on
any future occasion.
10. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts located in
TaiTant County, Texas_,,, This Agreement shall be construed in accordance with the laws
oIII the State of Texas:;;
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Interlocal Agreement between City of Fort Worth and Tan•ant Regional Water District
IlUD EDI Grant/FY OS for Trinity Uptown Property Acquisition
11. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the
City and TRWD and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
12. FORCE MAJEURE.
Except as to the Expiration Date, as set forth in Section 2, and the Property
Acquisition Deadline, as set forth in Section 3.5, it is expressly understood and agreed by
the parties to this Agreement that if the performance of any obligations hereunder is
delayed by reason of war, civil commotion, acts of God, inclement weather,
governmental restrictions, regulations, or interferences, or delays caused by unforeseen
construction or site issues, fire or other casualty, court injunction, necessary
condemnation proceedings, acts of the other parry, its affiliates/related entities and/or
their contractors, or any actions or inactions of third parties or other circumstances which
are reasonably beyond the control of the party obligated or permitted under the terms of
this Agreement to do or perform the same, regardless of whether any such circumstance
is similar to any of those enumerated or not ("Force Majeure"), the party so obligated or
permitted shall be excused from doing or performing the same during such period of
Force Majeure, so that the time period applicable to such performance shall be extended
for a period of time equal to the period such party was delayed due to the event of Force
Majeure.
13. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of
this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither
more strongly for or against any party, regardless of the actual drafter of this Agreement.
14. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
15. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and
incorporated herein- by refeIli e ce, contains the entire understanding
between the City and 'VOL as to the matters contained herein.
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Interlocal Agreement between City of Fort Worth and Tarrant Regional Water District
HUD EDI Grant/FY 05 for Trinity Uptown Property Acquisition
any documents
and agreement
Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provision of this Agreement.
100 COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
EXECUTED as of the last date indicated below, but to be effective as of
February 18, 2007:
CITY OF FORT WORTH:
By:
T om Hlggms
Assistant City Manager
Date:
APPROVED AS TO FORM/LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: G-/*9kf9 /D—�f-OS
TARRANT REGIONAL WATER
Dh
James M. Uliver
General Manager
Attested By:
GYty
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Interlocal Agreement between City of Fort Worth and Tarrant Regional Water District
HUD EDI Grant/FY OS for Trinity Uptown Property Acquisition
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/4/2005 - Ordinance No. 16631-10=2005
DATE: Tuesday, October 04, 2005
LOG NAME: 22TRV EDI FY05
REFERENCE NO.: G-14949
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; Adopt Appropriations Ordinance;
and Authorize Execution of a Contract with the Tarrant Regional Water District
RECOMMENDATION:
It is recommended that the City Council:
nt
tiative
1. Authorize the he lty Manager to amount of $719 2ply 00 from ther and cU St an Departmentcof Housing eand (Urban (DeDvlelopmelnt
al
Project grant in t
(HUD) for the Trinity River Vision Urban Waterfront project;
2. Athe City Manager to execute a Grant Agreement with the U.S. Department of Housing and
uthorize
Urban Development, upon award of the grant;
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Grants Fund by $719,200, upon receipt of the grant; and
4. Authorize the City Manager to execute a contract with the Tarrant Regional Water District (TRWD), as
the subgrantee, in an amount not to exceed $719,200, contingent upon the award and receipt of the grant.
DISCUSSION:
During the FY 2005 federal appropriations process, the City received an EDI Special Projects grant from
HUD in the amount of $719,200. The grant (B-05-SP-1 ^- 50), referenced in the Conference Report (H.R.
108-792) accompanying the Consolidated Appropriations Act of 2005 (PL 108447), specifies $719,200 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
development along the Trinity River and its ma
Trinity River Vision Master Plan as a guide for future
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
in in the 100-year floodplain. The proposed improvements will also control the
sump areas" that still rema
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.
Logname: 22TRV EDI FY05
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The FY 2005 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.
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
GR76 451727 022206058000 $719 200,00 GR76 539120 022206058010 $719 200,00
GR76 539120 022206058010
$719,200.00
Submitted for Cif Manager's Office bv: Libby Watson (6199)
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: Patrina Newton (8068)
Logname: 22TRV EDI FY05
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