HomeMy WebLinkAboutContract 29557 A CITY SECRETARY ,y
• CONTRACT NO. FiLE
FY 2003 EDI-SPECIAL PROJECT NO. B-03-SP-TX-0768
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 108-7 (the FY 2003 Appropriations Act for HUD and other
agencies) and House Report 108-10 (the Conference Report on the Appropriations Act).
The amount shown below is 99.35%of the amount specified in the Conference Report
because of a .65%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, 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$804,735 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 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 prohibiti
against discrimination against handicapped individuals under se tion = 1
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8. _ =-
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-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. 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).
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.
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 87.100 concerning lobbying and by 24 CFR 24.510(b)
regarding ineligibility, suspension and debarment.
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).
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. Funds provided by this grant however, may not be
used for reimbursement of expenses incurred prior to the enactment of The Act
authorizing these funds on February 20,2003.
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 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.
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 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
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.
E. 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:
C. Special Conditions:
NONE _-
U.S. Department of Housing City of Fort Worth
and Urban Development
Charles Boswell.
Authorized Sig ature Authorized Signature
Donald P. Mains Assistant City Manager
DAS for Economic Development Title
Date Date
ATTESTED BY
Contract authorization
Date
APP VWASTOFMAW LEGAM.
` - _ y
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration FILE
1.Assistance Instrument 2.Type of Action
❑ Cooperative AgreementXD Grant ❑X Award Amendment
3.Instrument Number 4.Amendment Number 5.Effective Date of this Action 6.Control Number
B-03-SP-TX-0768
7.Name and Address of Recipient 8. HUD Administering Office
City of Fort Worth CPD, EDI Special Project Division
451 7th Street, SW, Rm 7146
- C 7' anagen's 0 f 1'Ce Washington, DC 20410-7000
1000 Th roc mortdn Avenue 3rd Froor
Fort Worth,TX 76102
EIN:75-6000528
8a.Name of Administrator 8b.Telephone Number
10. Recipient Project Manager 9.HUD Government Technical Representative
Charles Boswell Vernessa Whitfield 202-708-3773,Extension: 4655
11.Assistance Arrangement 12. Payment Method 13. HUD Payment Office
❑ Cost Reimbursement ❑ Treasury Check Reimbursement Chief Financial Officier
17 Cost Sharing ❑ Advance Check
® Fixed Price 1X1 Automated Clearinghouse
14.Assistance Amount 15. HUD Accounting and Apropriation Data
Previous HUD Amount 15a.Appropriation Number 15b. Reservation Number
HUD Amount this Action $804,735.00 86 3/5 0162 EID 03
Total HUD Amount $804,735.00 Amount Previously Obligated
Recipient Amount Obligation by chis Action $804,735.00
Total Instrument Amount $804,735.00 Total Obligation $804,735.00
16.Description
For waterfront facilities construction for the Trinity River Visions project.
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
r
Special Conditions:
Please contact Jack Pipkin -HUD Area Environmental Officer at 817-978-5985, concerning
environmental review. NO FUNDS may be drawdrawn prior to environmental release of funds
approval.
17. Recipient is required to sign and return three(3)copies of 18. ❑ Recipient is not required to sign this document.
this document to the HUD Administering Office.
19.Recipient(By Name): 20.HUD(By Name):
Charles Boswell Donald P. Main/))4L/0/_'
signature&Title:/]- n Date: Signature and Title: Dale:
D_AS for Economic Deve o ment,
Previous Editions are Obsolete for AU -1044(8/90)
Pot..'0and ook 2210.17
City of Fort Worth, Texas
"agorr And Council Communication
DATE REFERENCE NUMBERLOG NAME PAGE
8/26/03 G-14071 22TRINITY RIVER 1 of 2
SUBJECT AUTHORIZATION TO APPLY FOR AND ACCEPT AN ECONOMIC DEVELOPMENT
INITIATIVE (EDI) SPECIAL PROJECT GRANT FOR THE TRINITY RIVER VISION
WATERFRONT FACILITIES CONSTRUCTION PROJECT, AND ADOPT THE
ATTACHED 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 or$804,735 from the U.S. Department of Housing and Urban
Development (HUD) for the Trinity River Vision Waterfront Facilities Construction project; and
2. Authorize the City Manager to execute a grant agreement with HUD to fund the Trinity River Vision
Waterfront Facilities Construction project; and
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the Grants Fund by $804,735 upon receipt of the grant.
DISCUSSION:
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. The Tarrant Regional Water District
(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 control the flow of the Trinity River so as
to allow greater public access to the river and to create an urban waterfront environment. The
proposed waterfront development will also reduce central-city flooding threats, especially the "sump
areas" that still remain in the 100-year flood plain area. The waterfront concept has been endorsed by
the City Council, the Tarrant County Commissioners Court, the TRWD board, and Streams and Valleys,
Inc.
During the FY2003 federal appropriations process, the City received an EDI Special Project earmark in
the amount of $804,735 to support the design of the first phase of the proposed urban waterfront
improvements. The EDI funds do not have a matching requirement. The TRWD proposes to contract
with an appropriate consultant to prepare the design. The Planning Department will administer the
grant funds.
This project is located in COUNCIL DISTRICTS 2 and 9.
City of Fort Worth, Texas
"a.jorr And Council 4zommunication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 G-14071 22TRINITY RIVER 2 of 2
SUBJECT AUTHORIZATION TO APPLY FOR AND ACCEPT AN ECONOMIC DEVELOPMENT
INITIATIVE (EDI) SPECIAL PROJECT GRANT FOR THE TRINITY RIVER VISION
WATERFRONT FACILITIES CONSTRUCTION PROJECT, AND ADOPT THE
ATTACHED APPROPRIATION ORDINANCE
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.
RZ:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
3) GR76 451727 022206874000 $804,735.00
Richard Zavala(Acting) 6183 3) GR76 5(various) 022206874010 $804,735.00
Originating Department Head:
Fernando Costa 8042 (from) APPROVED 08/26/03
ORD.# 15658
Additional Information Contact:
Patrina Newton 8068
Ordinance No.
�s
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $804,735.00,
UPON RECEIPT OF THE GRANT FROM THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, FOR THE PURPOSE OF FUNDING
TRINITY RIVER VISION WATERFRONT FACILITIES CONSTRUCTION
PROJECT; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2002-
2003 in the Budget of the City Manager, there shall also .be increased estimated receipts and
appropriations in the Grants Fund in the amount of,$804,73,5.00, upon receipt of the grant from the
U.S. Department of Housing and Urban Development, for the purpose of funding the Trinity River
Vision Waterfront Facilities Construction Project.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance,which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 15184 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
AP VED AS TO FORM AND LEGALITY:
�—Ssistant City torney
ADOPTED AND EFFECTIVE: F/�6)03