HomeMy WebLinkAboutContract 32867 CITY SECRETARY
CONTRACT NO.��F&7
FY 2004 EDI-SPECIAL PROJECT NO. B-04-SP-TX-0777
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 108-199 (the FY 2004 Appropriations Act for HUD and other
agencies) and House Report 108-401 (the Conference Report on the Appropriations
Act). The Grant Amount shown below is 99.41% of the amount specified in the
Conference Report because of a .59% 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.
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 5994,100 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 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. OFFICIAL fibr
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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 CFR 135, the
requirements of section 3 of the Housing and Urban Development
Act of 1968, (12 U.S.C. 1701 u)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.
1. 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. Agreement to Enforce Compliance by the Sub-Grantee with the
requirements of this Grant Agreement.
A. The Grantee agrees to enter into a Sub-Grant Agreement with each Sub-
Grantee that will 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 terms 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 1,
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 Pari
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 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 January 23,2004.
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 Financial Status Report - Form 269 A. 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 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 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 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 Certificate of Project Close-out.
2. A Grant Close-out Agreement.
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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:
NONE
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 Distriet(TRWD)
The Adminstrative Agent if any:
C. Special Conditions:
NONE
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U.S. Department of Housing City of Fort Worth
and Urban Development l*Libby Watson
1k
Authorized Signature uthorized Signature
nald P. Mains
Deputy Assistant Secretary Title
for Economic Development
Date Date
APPROVED AS TO
1= RM AL GALITY:
r, ;;,�NT CITY ATTORNEY
:\casted By:
f'\A LjgLAAukj,
D-tarty Hendrix
City Secretary
Contract Autho izatiox
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Date
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/7/2004 - Ordinance No. 16218
DATE: Tuesday, December 07, 2004
LOG NAME: 22TRINITY RIVER REFERENCE NO.: G-14602
SUBJECT:
Authorization to Apply for and Accept an Economic Development Initiative Special Project Grant for
the Trinity River Vision Waterfront Facilities Construction Project, Authorize Execution of Grant
Agreement with U.S. Department of Housing and Urban Development and Adoption of
Appropriations 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 of $994,100 from the U.S. Department of Housing and Urban Development
(HUD) for the Trinity River Vision Waterfront Facilities Construction project;
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 $994,100 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. The proposed waterfront
improvements will also reduce central-city flooding threats, especially in the "sump areas" that still remain in
the 100-year floodplain. The City Council, the Tarrant County Commissioners Court, the TRWD board, and
Streams and Valleys, Inc. have endorsed the urban waterfront concept.
In January 2004, the TRWD contracted with a team of engineering firms, led by Camp, Dresser & McKee,
Inc. (CDM), to design the proposed urban waterfront improvements. During the FY 2004 federal
appropriations process, the City received an Economic Development Initiative (EDI) Special Project
earmark in the amount of $994,100 to continue the first phase design. The EDI funds do not have a
matching requirement. The Planning Department will administer the grant funds.
This project is located in Council Districts 2 and 9.
Logname: 03HRS01 Page 1 of 2
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
Submitted for City Manager's Office by: Libby Watson (6193)
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: Patrina Newton (8068)
Logname: 03HRS01 Page 2 of 2