R-09-03-12-8B1 - 3/12/2009RESOLUTION NO. R -09-03-12-8B1
WHEREAS, the City of Round Rock submitted a grant application
to the U.S. Department of Housing and Urban Development ("HUD") for
Main Street improvements, and said application has been approved by
HUD, and
WHEREAS, the City Council wishes to accept the grant funds in
the amount of $392,000 to be used for the Infrastructure and
Sidewalk Improvements on Main Street Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Grant Agreement with the U. S. Department of
Housing and Urban Development, a copy of same being attached hereto
as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of March, 2009.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
V UA -
SARA L. WHITE, City Secretary
0:\wdox\RESOLUTI\R90312B1.DOC/rmc
FY 2008 EDI -SPECIAL PROJECT NO. B -08 -SP -TX -0145
GRANT AGREEMENT
This Grant Agreement between the Department of Housing and Urban
Development (HUD) and City of Round Rock (the Grantee) is made pursuant to the
authority of Public Law 110-161 (Consolidated Appropriations Act, 2008) and a listing
of certain specific Economic Development Initiative Special Projects specified in the
Congressional Record of December 17, 2007. The amount shown below is 98.00% of the
amount specified in the Congressional Record of December 17, 2007, because of a
2.00% reduction mandated by 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 funds in
the amount of $392,000 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 VII (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.
EXHIBIT
IIAn
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. 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. 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.
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.
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.
F. 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:
B. Changes or Clarification to the Application Related to Participating Parties:
The Administrative Agent if any:
C. Special Conditions:
The Consolidated Appropriations Act, 2008 provides that no funds made
available under the Act may be 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 entitites.
U.S. Department of Housing City of Round Rock
and Urban Development
The Honorable Alan McGraw
Authorized Signature Authorized Signature
Robert Duncan
Associate Deputy Assistant Secretary
for Economic Development
Title
Date Date
Assistance Award/Amendment
1. Assistance Instrument
Cooperative Agreement
3. Instrument Number
B -08 -SP -TX -0145
7. Name and Address of Recipient
City of Round Rock
221 East Main. Street
Round Rock, TX 78664
EIN: 74-6017485
10. Recipient Project Manager
Alan McGraw
11. Assistance Arrangement
Cost Reimbursement
Cost Sharing
x Fixed Price
14. Assistance Amount
U.S. Department of Housing
and Urban Development
Office of Administration
2. Type of Action
X Grant X Award Amendment
4. Amendment Number 5. Effective Date of this Action 6. Control Number
12. Payment Method
Treasury Check Reimbursement
Advance Check
X Automated Clearinghouse
Previous HUD Amount
HUD Amount this Action
$392,000.00
Total HUD Amount
$392,000.00
Recipient Amount
Total Instrument Amount
$392,000.00
8. HUD Administering Office
CPD, EDI Special Project Division
451 7th Street, SW, Rm 7146
Washington, DC 20410-7000
8a. Name of Administrator 8b. Telephone Number
9. HUD Government Technical Representative
Theresa Slye 202-708-3773, Extension: 4421
13. HUD Payment Office
Chief Financial Officier
15. HUD Accounting and Apropriation Data
15a. Appropriation Number 15b. Reservation Number
EID 08
Amount Previously Obligated
Obligation by this Action
$392,000.00
Total Obligation
$392,000.00
16. Description
City of Round Rock, TX for infrastructure and sidewalk improvements on Main Street from 11135 to San Saba Street
17.
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.
X Recipient is required to sign and return three (3) copies of
this document to the HUD Administering Office.
19. Recipient (By Name):
The Honorable Alan McGraw
_
Signature & Title: Date:
Mayor of Round Rock
Previous Editions are Obsolete
18.
Recipient is not required to sign this document.
20. HUD (By Name):
Robert Duncan
Signature and Title:
ADAS for Economic Development
Date:
form HUD -1044 (8/90)
Ref. Handbook 2210.17
OFFICE OF COMMUNITY PLANNING
AND DEVELOPMENT
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, D.C. 20410-1000
The Honorable David Bartels
Mayor of Round Rock
221 East Main Street
Round Rock, TX 78664
Dear Mayor Bartels:
FEB 4 - 2009
The Department is pleased to announce approval of the following Special Project grant, as
funded by the Congress in the Consolidated Appropriations Act, 2008 (PL 110-161) and as
described in the Congressional Record of December 17, 2007. Please note that the amount
shown below is 98.00% of the amount specified in the Congressional Record of December 17,
2007, because of a 2.00% reduction mandated by the Act.
Project No.: B -08 -SP -TX -0145
Project Funding: $392,000
Recipient: City of Round Rock
This letter transmits the following documents and guidance needed to activate your
FY 2008 special project grant.
1. Grant Agreement Enclosed are four copies. Please read the agreement carefully, noting
any attachments which have modifications or special conditions on this grant. Please sign and
date three copies with original signatures and return them as noted below. The fourth copy is
for your records pending receipt of a countersigned copy.
2. Assistance Award - Form 1044. Four copies are enclosed. Please sign and date three copies
with original signatures and return them as noted below. The fourth copy is for your records
pending receipt of a countersigned copy.
3. Forms and Instructions for Drawing Down Funds . HUD uses the Line of Credit Control
System (LOCCS) for financial management of grant funds. Under this system, you identify
the bank account into which you want HUD to deposit funds electronically. Then you request
scheduled payments, using a voice response system.
You will be able to draw down funds once, 1) HUD processes the forms, 2) sends you a
LOCCS ID Number and a LOCCS Voice Response Number, and 3) after the required
certifications and environmental review (if needed) have been accepted by HUD.
Please ensure that all the following forms are complete and return them together as noted
below:
a) the three signed originals of the Grant Agreement;
b) the three signed originals of the Assistance Award (HUD Form 1044);
c) the Direct Deposit Form (SF 1199) completed by you and your financial institution;
d) evidence of the ABA number for your depository account, such as a VOIDED blank
check, a deposit slip or similar documentation.
The notarized LOCCS Access Authorization Form (HUD form 27054) should be sent
directly to the address on the form.
All of these items should be sent to the Government Technical Representative for this
grant, Theresa Slye , Room 7146, U.S. Dept. of Housing and Urban Development, 451
Seventh Street, SW, Washington, DC 20410. If you or your staff have any questions about
these documents and procedures, please contact Theresa Slye at 202-402-4421, fax (202)-708-
7543, or Theresa.A.Slye@hud.gov.
We look forward to working with you toward a successful completion of this project.
Sincerely,
Otto V. Banks
Deputy Assistant Secretary
for Economic Development
Enclosures
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DATE: March 5, 2009
SUBJECT: City Council Meeting — March 12, 2009
ITEM: 8B1. Consider a resolution authorizing the Mayor to execute a Grant Agreement to
accept award of $392,000 from the U.S. Department of Housing and Urban
Development for infrastructure and sidewalk improvements on Main Street.
Department: Public Works Administration
Staff Person: Tom Word, P.E., Chief of Public Works
David Bartels, Project Manager
Justification:
On December 11, 2008, City Council authorized the Mayor to submit a grant application to the U.S.
Department of Housing and Urban Development (HUD) for infrastructure and sidewalk improvements
on Main Street. The grant application was approved by HUD. To be eligible to receive these funds, the
City must execute a Grant Agreement and Assistance Award/Amendment.
Funding:
Cost: $490,000
Source of funds: CIP
Outside Resources:
U.S. Department of Housing and Urban Development
Background Information:
At the request of U.S. Representative John Carter, $400,000 was set aside in the U.S. fiscal year 2008
budget for Main Street improvements. The improvements to Main Street include extending Main Street
from San Saba Street across Lake Creek to the IH 35 northbound frontage road and creating a gateway
into downtown at the frontage road. Sidewalks will be provided for pedestrians and accommodations
will be made for access to the future trail along Lake Creek. The improvements also include a bridge,
curb and gutter, storm sewer and adjustments to utilities. The improvements are an integral part of the
Southwest Downtown Plan, which was adopted by ordinance (Ordinance No. G -05-02-24-8C1) on
February 24, 2005.
The Federal funding, which was reduced to $392,000 due to an automatic Federal rescission, only covers
a portion of the $3.3 million project cost and requires a 20% local match ($98,000). The City plans to
request additional Federal funding to make up the difference, but the City will be required to provide at
least 20% as a local match for any additional Federal funds received.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
FY 2008 EDI -SPECIAL PROJECT NO. B -08 -SP -TX -0145
GRANT AGREEMENT
This Grant Agreement between the Department of Housing and Urban
Development (HUD) and City of Round Rock (the Grantee) is made pursuant to the
authority of Public Law 110-161 (Consolidated Appropriations Act, 2008) and a listing
of certain specific Economic Development Initiative Special Projects specified in the
Congressional Record of December 17, 2007. The amount shown below is 98.00% of the
amount specified in the Congressional Record of December 17, 2007, because of a
2.00% reduction mandated by 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 funds in
the amount of $392,000 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 VII (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.
�-v9-v3-tzx(31
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. 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. 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.
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.
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.
F. 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:
B. Changes or Clarification to the Application Related to Participating Parties:
The Administrative Agent if any:
C. Special Conditions:
The Consolidated Appropriations Act, 2008 provides that no funds made
available under the Act may be 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 entitites.
U.S. Department of Housing City of Round Rock
and Urban Development
r4text abottL,
Authorized Signature
Robert Duncan
Associate Deputy Assistant Secretary
for Economic Development
S /S Zoo
Date
The Honorable Alan McGraw
Authorized Signature
Myo
Title
Date
Assistance Award/Amendment
1. Assistance Instrument
Cooperative Agreement
3. Instrument Number
B -08 -SP -TX -0145
7. Name and Address of Recipient
City of Round Rock
221 East Main Street
Round Rock, TX 78664
EIN: 74-6017485
10. Recipient Project Manager
Alan McGraw
11. Assistance Arrangement
Cost Reimbursement
Cost Sharing
X Fixed Price
14. Assistance Amount
U.S. Department of Housing
and Urban Development
Office of Administration
2. Type of Action
X Award
5. Effective Date of this Action
X Grant
4. Amendment Number
12. Payment Method
Treasury Check Reimbursement
Advance Check
X . Automated Clearinghouse
Previous HUD Amount
HUD Amount this Action
$392,000.00
Total HUD Amount
$392,000.00
Recipient Amount
Total Instrument Amount
$392,000.00 1
Amendment
6. Control Number
8. HUD Administering Office
CPD, EDI Special Project Division
451 7th Street, SW, Rm 7146
Washington, DC 20410-7000
8a. Name of Administrator 8b. Telephone Number
9. HUD Government Technical Representative
Theresa Slye 202-708-3773, Extension: 4421
13. HUD Payment Office
Chief Financial Officier
15. HUD Accounting and Apropriation Data
15a. Appropriation Number 15b. Reservation Number
EID 08
Amount Previously Obligated
Obligation by this Action
$392,000.00
Total Obligation
$392,000.00
16. Description
City of Round Rock, TX for infrastructure and sidewalk improvements on Main Street from tH35 to San Saba Street
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.
x Recipient is required to sign and return three (3) copies of
this document to the HUD Administering Office.
19. Recipient (By Name):
The Honorable Alan McGraw
,,Signature & Title:
)11
Mayor of RounTRock
Previous Editions are Obsolete
18.
Recipient is not required to sign this document.
20. HUD (By Name):
Robert Dune
Signature and Title ���:y t3/r+� A0C)f
ADAS for Economic evelopment
form HUD -1044 (8/90)
Ref. Handbook 2210.17
OFFICE OF COMMUNITY PLANNING
AND DEVELOPMENT
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, D.C. 20410-1000
May 22, 2009
The Honorable Alan McGraw
Mayor of Round Rock
221 East Main Street
Round Rock, TX 78664
Dear Mayor McGraw:
`yAy840
2
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) 708-3773, ext. 4421, fax (202)-708-7543, or
Theresa. A. S lye@hud.gov.
We look forward to your successful completion of the project.
Sincerely,
Theresa Slye
Special Projects Division