HomeMy WebLinkAboutContract 37277 eQjTY QINITRACT NO. 3 � �
FY 2006 EDI-SPECIAL PROJECT NO. B-06-SP-TX-0986
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, 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 fluids in
the amount of$346,500 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 fiords 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.
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CIS!-5�E R E I A P V
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-malting 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.
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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 iimplemented by regulations at 49 CFR Part 24.
I. The Grantee will comply with all accessibility requirements raider 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 H. Conditions Precedent to Draw Down.
The Grantee may not draw down grant fiords until the following actions have taken place:
A. The Grantee has received and approved any certifications and disclosures required by
24 CFR 87.100 concerning lobbying.
B. Any other conditions listed in Article VII (C) of this Grant Agreement.
ARTICLE M. 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 fiinds and disbursement for project
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C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which
are exempt from enviromnental 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 84.5 1(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 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.
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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 amoiuit 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 amoumts and
sources of other project funds.
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 fiulds 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 aimouint plus other sources of project fiulds 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 uuider this Grant Agreement shall consist of using grant fiends 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:
C. Special Conditions:
The 2006 HUD Appropriations Act,provides that no funds made availa C 2 D ;
uulder the Act maybe used to support any Federal, State or local project tl�A
seek to use the power of eminent domain, unless eminent domain is em lot � ;� � 11
only for a public use. For purposes of this provision,public use shall nc�t b l '.`H, VEK
construed to include economic development that primarily benefits private•----. -°°-°---
entitites.
U.S. Department of Housing City of Fort Worth
and Urban Development Mr. Tom Higgins
Authorized Signature Authorized Signature
Robert Duncan ksSi-sTj1A1r
Associate Deputy Assistant Secretary Title
for Economic Development
611316. _
Date Date
APPROUI-;D AS TO FORM AND LEGALITY: a
Assistant City A rrney
Attested By.
Contract huthorisatWa
qdrix (
p ���rtax y Date
ILIL
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1.Assistance Instrument 2.Type of Action
Grant FV-1
Cooperative Agreement Fv 1 LAJ Award Amendment
3. Instrument Number 4.Amendment Number 5.Effective Date of this Action 6.Control Number
B-06-SP-TX-0986
7. Name and Address of Recipient 8. HUD Administering Office
City of Fort Worth CPD,EDI Special Project Division
1000 Throckmorton Street 451 7th Street,SW,Rm 7146
Fort Worth,TX 76102 Washington,DC 20410-7000
EIN:75-6000528
8a.Name of Administrator 8b.Telephone Number
10.Recipient Project Manager 9.HUD Government Technical Representative
Tom Higgins Theresa Slye 202-708-3773, Extension: 4421
11.Assistance Arrangement 12.Payment Method 13.HUD Payment Office
Cost Reimbursement Treasury Check Reimbursement Chief Financial Officier
Cost Sharing Advance Check
FY-1 Fixed Price Fv1 Automated Clearinghouse I n'
14.Assistance Amount 15.HUD Accounting and Apropriation Data
Previous HUD Amount 15a.Appropriation Number 15b.Reservation Number
HUD Amount this Action $346,500.00 EID 06
Total HUD Amount $346,500.00 Amount Previously Obligated_
Recipient Amount Obligation by this Action $346,500.00
ITotal Instrument Amount $346,500.00 Total Obligation $346,500.00
16. Description
To the City of Fort Worth,Texas for the Central City Revitalization Initiative
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:
Please contact Jack Pipkin -HUD Area Environmental Officer at 817-978-5985,
Jack—L._Pipkin@hud.gov concerning environmental review. NO FUNDS may be committed to the
project or drawn down prior to environmental release of funds approval.
17. 18. Fi
Recipient is required to sign and return three(3)copies of Recipient is not required to sign this document.
X this document to the HUD Administering Office.
19.Recipient(By Name): 20.HUD(By Name):
Mr. Tom Higgins Robert Duncan
Signature&Title: Date: Signature and Title D a?te/:
Assistant City Manager AD AS.0, for Economic Development /�
Previous Editions are Obsolete form HUD-1044(8/90)
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P 2210.17
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APPROVED AS TO FORM AND LEGALITY: 4-1
C
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fll�7
assistant City t orney
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/13/2008 - Ordinance No. 18080-05-2008
DATE: Tuesday, May 13, 2008
LOG NAME: 17SUNVALLEY EDI REFERENCE NO.: **G-16133
SUBJECT:
Authorize Application for and Acceptance of an Economic Development Initiative - Special Purpose
Grant in the Amount of $346,500.00 for the Central City Revitalization Initiative to Develop Portions
of Sun Valley Industrial Park; Authorize Execution of Related Grant Agreement with the United
States Housing and Urban Development 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 - Special
Purpose Grant in the amount of $346,500.00 from the United States Department of Housing and Urban
Development for the development of portions of the Sun Valley Industrial Park located within the Central
City in southeast Fort Worth;
2. Authorize the City Manager to execute a grant agreement with the United States Department of Housing
and Urban Development, if the City is awarded the grant; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Grants
Funds by $346,500.00 upon receipt of the grant.
DISCUSSION:
During the FY2005 federal appropriations process, the City requested and received an Economic
Development Initiative (EDI) - Special Project Grant for its Central City Revitalization Initiative. The amount
of the grant is $346,500.00. During the Central City Revitalization and Economic Development (CCRED)
Committee meeting of May 6, 2008, staff recommended to leverage the EDI funds with private dollars to
further develop the Sun Valley Industrial Park located in southeast Fort Worth within the Central City.
The EDI funds do not have a matching requirement from the City. Staff anticipates that these funds will
leverage private sector investment in the area. In order to maximize the location for industrial use,
significant infrastructure improvements must be made. This EDI Grant enables the City to collaborate with
the private sector to revitalize this area in order to provide additional industrial and job creation opportunities
to the Central City.
The EDI grant will be used towards the development of proposed improvements in the industrial park as
allowed under the terms and conditions of the Grant Agreement and applicable laws.
The recommended project is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
Logname: 17SLJNVALLEY EDI Page 1 of 2
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant,
adoption of the attached appropriation ordinance, funds will be delivered in the current operating budget of
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 017206269010 $346.500.00
GR76 451727 017206269000 $346,500.00
Submitted for City Manager's Office by: Tom Higgins (6140)
Originating Department Head: Jay Chapa (6192)
Additional Information Contact: Cynthia Garcia (8187)
Dolores Garza (2639)
Logname: 17SLTNVALLEY EDI Page 2 of 2