HomeMy WebLinkAboutContract 40278CITY SE CRETARY u"2
CONTRACT NO. 2'.~] 8
INTERLOCAL COOPERATION AGREEMENT
(HUD Sub-Grant Agreement/FY 09)
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 TR WD hereby agree that the following statements are true and
correct and constitute the basis upon which the City and TR WD 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-09-SP-TX-0118 in the
amount of $285 ,000.00) (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 . 39708 (the "Grant
Agreement"). The Grant Agreement is incorporated herein by reference for all purposes.
C. TR WD 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
TR WD wish to enter into this Agreement to enforce compliance by TR WD with the
requirements of the Grant Agreement.
D. This Agreement is authori zed by Sections 791.001 through 791.029 of the
Texas Government Code. The performance of this Agreement by both the City and
TR WD will be in the common interest of both parties and will bene 1tthe general public.
OFFI C . D
CITY SECRETARY
Page I 5 J'nt e rlocal Agreem e nt betwee n C ity of Fo rt Worth and T arrant R egio nal Water Di s f O -1 0
H UD E DI G ran t/F Y 0 9 fo r T rini ty U ptown Property Acqui s iti o n an d Publi c Impro ve m e nt s
H TX
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 TR WD agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS.
The City and TR WD hereby find and agree that the recitals set forth abo ve 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 19 , 2010 (the "Effective Date")
and , unless terminated earlier in accordance with this Agreement , shall expire on
February 18 , 2015 (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 PROPERTY FOR TRINITY UPTOWN PROJECT.
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
TR WD 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 TR WD and shall be used by
TR WD for the purposes authorized by the Grant Agreement.
Pag e 2
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 Part 58. TR WD understands and agrees that the City
cannot provide any funding to TR WD pursuant to this Agreement until HUD has
approved 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
applicable provisions and procedures of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 , as codified at 42 U .S.C . § 4601 et
Inte rlocal Agre ement betwee n C ity o f Fort Worth and Tarrant Regi onal Water Di strict
H U D E DI Grant/F Y 09 for T rini ty U pt own Property A cqui s ition an d Public Improve ments
Page 3
seq., and all applicable regulations set forth in Title 49 , Part 24 of the Code of
Federal Re gulations (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
DOMAIN ACTION TO ACQUIRE SUCH PROPERTY HAS BEEN FILED.
TRWD FURTHER AGREES THAT IT WILL NOT USE ITS POWER OF
EMINENT DOMAIN TO ACQUIRE ANY PROPERTY FOR THE TRINITY
UPTOWN PROJECT UNLESS SUCH POWER IS EMPLOYED FOR A
PUBLIC PURPOSE. FOR PURPOSES OF THIS PROVISION, PUBLIC USE
SHALL NOT BE CONSTRUED TO INCLUDE ECONOMIC
DEVELOPMENT THAT PRIMARILY BENEFITS PRIVATE ENTITIES.
3.4. Documentation Provided by TRWD as Precondition to Funding.
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 (i) 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 TR WD 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 TR WD with the Uniform Relocation Act and the
Grant Agreement. Subject to any restrictions in the Grant Agreement, the City
will pay TR WD 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.
Interlocal Agreement betwe en City of Fort Worth and Tarrant Regio nal Water Di strict
HUD EDI Gran t/FY 09 for Trinity Upto wn Property Acquisition and Public Impro veme nt s
Page 4
3.5. Time Frames for Pro perty Ac quisition.
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 sixty (60) calendar days prior to the Expiration Date (the "Property
Acquisition Deadline"). Notwithstanding anything to the contrary herein , the
Property Acquisition Deadline is not subject to extension by virtue of Force
Majeure (as defined in Section 12). The City has reserved the two (2)-month
period between the Property Acquisition Deadline and the Expiration Date to
address administrative matters required by HUD for close-out of the Grant.
3.6. Com pliance with Certa in Additio nal Federal Regulatio ns.
TR WD understands and agrees that, unless otherwise specifically stated in
this Agreement, as a sub-grantee under the Grant Agreement, TR WD 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. TR WD hereby acknowledges that it has received
and reviewed the Grant Agreement with its legal counsel. In addition , TR WD
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 ,
TR WD agrees that if TR WD 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 TR WD 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 0MB Circular A-87 , as amended.
lnterlocal Agreement between City of Fort Worth and Tarrant Regional Water District
HU D EDI Grant/FY 09 for Trinity Uptown Property Acquisition and Public Improve me nts
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.
3.6.6. Pursuant to 24 C.F.R. § 5.105(c), TRWD shall not use the services
of any debarred , suspended, or ineligible contractors , as set forth in
24 C.F.R. § 24.
4. MUTUAL COOPERATION.
The City and TR WD 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 party , 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
MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY THE ACQUISITION
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 MAY BE 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 OR THIS 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
Page 5
Interlocal Agree ment between City of Fort Worth and Tarrant Regional Water District
HUD ED I Grant/FY 09 for Trinity Uptown Property Acquisition and Public Improvements
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 INCLUDE RESPONSIBILITY OR LIABILITY FOR CONSEQUENTIAL OR
SPECIAL DAMAGES, INCLUDING SUCH MATTERS AS LOST PROFITS.
7. NOTICES.
All written notices called for or required by this Agreement shall be addres sed to
the following , or such other party or address as either party designates in writing , by
certified mail , postage prepaid, or b y hand delivery:
City:
Attn: Trinity Ri ver Vision Director
City Manager 's Office
1000 Throckmorton
Fort Worth , TX 76102
with a copy to:
Attn : Cit y Attorney
City Attorney 's Office
1000 Throckmorton
Fort Worth , TX 76102
TRWD:
Attn : General Manager
Tarrant Regional Water District
800 E. Northside Dr.
Fort Worth , TX 7 6102
8. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND
REGULATIONS.
This Agreement will be subject to all applicable federal , state and local laws,
ordinances , rules and regulations ,.and the City 's Charter.
9. NOW AIVER.
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 an y such right on
any future occasion .
Page 6
Inte rl ocal Agree me nt b etween C ity o f Fort Worth and Tarrant Regio na l W ate r Di stri ct
H U D E DI Grant/F Y 0 9 for T rini ty U ptown Property Ac qui s ition an d Publi c Improve m e nts
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
Tarrant County , Texas. This Agreement shall be construed in accordance with the laws
of the State of Texas .
11. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the
City and TR WD 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 an y 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 party , 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 an y 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.
Pag e 7
In terlocal Agreem ent between C ity o f Fort Worth an d Tarrant R egion al Water Di stri ct
H UD E DI G ran t/F Y 09 fo r T rini ty U pto w n Property Acqui s iti o n an d Public Improve me nts
15. ENTIRETY OF AGREEMENT.
This Agreement, including an y exhibits attached hereto and an y documents
incorporated herein by reference , contains the entire understanding and agreement
between the City and TR WD as to the matters contained herein . 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.
16. 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 the
Effective Date (as defined in Section 2):
CITY OF FORT WORTH: TARRANT REGIONAL WATER
By ::ii,,,,,: ,-'~
Fernando Costa
Assistant City Manager
Date: ~~
APPROV ED AS TO FORM/LEGALITY:
By:~+ peterVaky
Assistant City Attorney
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Page 8
DISTRICT:
James . liver
General Manager
lnt erlocal Agree ment betwee n C ity of Fo rt Worth an d Tarrant Reg ional Wat er Di stri ct
HUD EDI Gra nt/FY 09 for Trini ty Upto wn Pro perty Acqu is ition and Publi c Improve ment s
OFFICIAL RECORD
CITY SECRETARY
T RTH, TX
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M&C R eview Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
FORT \1/0RTH
~
COUNCIL ACTION: Approved on 7/14/2009 -Ord. No. 18710-07-2009
DATE:
CODE:
7/14/2009
C
REFERENCE NO.: C-23640 LOG NAME:
TYPE: PUBLIC
NON-CONSENT HEARING:
02TRV EDI 0118
FY09
NO
SUBJECT: Accept Economic Development Initiative Special Project Grant in the Amount of
$285 ,000 .00 from the United States Department of Housing and Urban Development for
the Trinity River Vision Project; Authorize Execution of Related lnterlocal Agreement with
Tarrant Regional Water District and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council :
1. Authorize application for and acceptance of an Economic Development Initiative Special Project
grant in the amount of $285,000.00 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 $285,000.00, upon receipt of the grant; and
4. Authorize the City Manager to execute an lnterlocal Agreement with the Tarrant Regional Water
District, as the sub-grantee, in an amount not to exceed $285 ,000.00, contingent upon receipt of the
grant.
DISCUSSION:
During the Fiscal Year 2009 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 $285 ,000.00 . The grant (B-09-SP-TX-0118), funded by
HUD Appropriations Act , 2009 (P .L. 111-8), specifies $285,000 .00 for construction of the Trin ity River
Vision project. The grant is proposed for land acquisition 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,
the TRWD board and Streams and Valleys , Inc., have endorsed the urban waterfront concept.
The Fiscal Year 2009 HUD EDI grant does not have a local 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 .
http ://apps .cfw net.org/council_p acket/mc _review .asp ?ID = 1 l 9 l 6&councildate=7 /1 4/2009 6/3/2 010
M&C R eview Page 2 of2
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 FROM Fund/Account/Centers
GR76 451727 002206386000 $285.000 .00
GR76 539120 0022063860 10 $285.000 .00
GR76 539120 0022063760 10 285 000 .00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
02TRV EDI 0118 FY09 AQ_,_d_oc
Q2IRV EDJQJJ 8EY09 Map ,pdf
Fernando Costa (8476)
Randle Harwood (6101)
Jack ie McCarthy (7942)
http://apps .cfwn et.org/co un ci l_pack et/m c _revi ew .as p ?ID = 11 9 16 &co uncil d ate=7 /14/2009 6/3/201 0