HomeMy WebLinkAboutContract 40771 (2)CITY SECRETARY4�-���
CONTRACT NO.� � �J..-
FY 2010 EMSPECIAL PROJECT NO. B-MSP-TX-0095
GRANT AGREEMENT
(Includes Sub -Grantee)
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 111-1 17 (Consolidated Appropriations Act, 2010) and a listing
of certain specific Economic Development Initiative Special Projects specified in the
Conference Report accompanying the Act (HR 111-366). 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 $500,000 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. 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 Vt 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.
OFFICIR� RECORD
CITY SECRETARY
FT. WORTH, TX
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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 GFR 1357 the
requirements of section 3 of the Housing and Urban Development Act of
19685 (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
shal I 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.
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 Sub -rant Agreement with each Sub -Grantee that
wilI 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 tern -is 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 modified by Article VIII (A) of this
Grant Agreement.
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 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
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 Federal Financial Report Form SF425. HUD may require additional
information or increased frequency of reporting as described in article VIII C.
B. The performance reports must contain the information required under 24 CFR Part
85.40(b) (2) or 24 CFR Pail 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 maybe amended The final report shall consist of (1)
a narrative of all work accomplished during the project period and (2) a completed
Federal Financial Report Farm SF425 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 UTM to
detemmine 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 1-lUD the following documentation:
1.
A Certificate of Project Close-out.
2. A Grant Close-out Agreement.
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, 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
accomplishment 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 Appropriaitons Act, 2010 provides that no funds made
available under the Act maybe 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 private
entitles.
i_I.S. DcparUnent of Housing
and Urban Dexrelop►nent
Authorized Signature`s
Robert Duncan
Associate Deputy Assistant Secretary
for Economic Development
OFFtC1A� RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth
Mr. Feniando Costa
Authorized Signature
Title
Date
ASSISTANT
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WA3" UNUTON, D.C. ?" I V-1000
OFFICE OF COMMUNITY PLANNING
AND DEVELOPMENT
September 1, 2010
Mr. Fernando Costa
Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Dear Mr. Costa
I am returning a signed copy of your grant agreement and the HUD 1044 for your records.
Your financial documents have been sent for processing. Please allow 14 business days from
the date of this letter to initiate your first drawdown. Please let me know if I can be of further
assistance. I may be reached at (202) 70&3773, ext. 4421, fax (202).708.7543, or
rheresa.A.Slye@hud.gov.
We look forward to your successful completion of the project.
Sincerely,
Theresa Slye
Special Projects Division
Assistance Award/Amendment
1. Assistance Instrument
� Cooperative Agreement
_.._ _ . _
3. Instrument Number
i
I B-10-SP-TX-0095
17. 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
X_; Grant
4. Amendment Number
I
t-- - - _ _ -
U.S. Department of Housing
and Urban Development
Office of Administration
2. Type of Action
X' Award i Amendment i
5. Effective Date of this Action 6. Control Number
8. HUD Administering Office
CPD, EDI Special Project Division
451 7th Street, SW, Rm 7146
Washington, DC 20410-7000
� Sa. Name of Administrator � 8b. Telephone Number
- �-- _---
9. HUD Government Technical Representative
� Theresa Slye 202-402-4421
11. Assistance Arrangement 12. Payment Method
_� Cost Reimbursement � � Treasury Check Reimbursement
� � Cost Sharing I ]Advance Check
L__
Fixed Price � X� Automated Clearinghouse
14. Assistance Amount
Previous HUD Amount
i
HUD Amount this Action
$500,000.00
Total HUD Amount
$500,000.00
Recipient Amount
Total Instrument Amount
$500,000.00
16. Description
City of Fort Worth, TX, Trinity River Vision land acquisition
- ----
13. HUD Payment Office
Chief Financial Officier
15. HUD Accounting and Apropriation Data
15a, Appropriation Number
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
Please contacYJack Pipkin -HUD Area Environmental Officer at 817-978-5985,
Jack L._Pipkin�hud.gov concerning environmental review. NO FUNDS may he committed to the
project or +drawn down prior to environmental release of funds approval.
i ? �( tecipient is required to sign and return three (3) copies of I S. Recipient is not required to sign this document.
this document to the HUD Administering Office.
19. Recipient (By Name):
1�Ir. Fernando Costa
Signature &Title: %� /
Assistant City Manager (,�yy�-•
Previous tdrtions are Obsolete
20. HUD (By Name):
Robert Dunca
__ _ _ _ ,
Date: Signature and Title: Date: C
7/2G�G ADAS for Economic evelopment � �> �V/�
form H -1044 (Sr90)
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
COUNCIL. ACTION: Approved on 5/11/2010 -Ord. No. 19138-05-2010
r r
DATE: 5/11/2010 REFERENCE NO.: **C-24206 LOG NAME: 02TRV EDI 0095
FY2010
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Accept an Economic Development Initiative Special Project Grant in the Amount of
$500,000.00 from the United States Department of Housing and Urban Development for
the Trinity River Vision Project, Authorize Execution of Related Interlocal Agreement with
Tarrant Regional Water District and Adopt Appropriation Ordinance (COUNCIL
DISTRICTS 2 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of an Economic Development Initiative Special Project Grant in the
amount of $500,000.00 from the United States Department of Housing and Urban Development for
the Trinity River Vision Central City 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 $500,000.00 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 $500,000.00 contingent upon receipt of the
Grant.
DISCUSSION:
During the Fiscal Year 2010 Federal Appropriations Process, the City received a notification of award
for an Economic Development Initiative (EDI) Special Project Grant from the United States
Department of Housing and Urban Development (HUD) in the amount of $500,000.00. The Grant, (B-
10-SP-TX-0095)fuvded by HUD Appropriations Act 2009, (P.L. 111-8) specifies $500,000.00 for
construction of the Trinity River Vision Project. The Grant is proposed for land acquisition and the
construction of public improvements to facilitate the development of the Trinity River Vision Central
City 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 United States 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. 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,
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M&C Review Page 2 of 2
the TRWD board and Streams and Valleys, Inc., have endorsed the urban waterfront concept.
The Fiscal Year 2010 HUD EDI grant does not have a local matching requirement. The City of Fort
Worth will administer the grant on apass-through basis with the TRWD as the sub grantee. TRWD
will oversee the specific land acquisition and public improvement construction authorized by the
grant. The Interlocal Agreement between the City of Fort Worth and TRWD will outline the duties and
obligations of the parties in this respect.
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.
TO Fund/Account/Centers
GR76 451727 002206468000 $500,000.00
GR76 539120 00206468010 $500,000.00
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
_02TRV ED_I_0095 FY201.0 _AOd_oc
02TRV EDI 0118 FY09 Ma�pdf
FROM Fund/Account/Centers
GR76 539120 002206468010 $500,000.00
Fernando Costa (8476)
Randle Harwood (6101)
Jackie McCarthy (7942)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=13398&councildate=5/11 /2010 9/14/2010