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R-09-08-27-9A1 - 8/27/2009RESOLUTION NO. R -09-08-27-9A1 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") has grant funds available to cities through the Community Development Block Grant Recovery Program, and WHEREAS, the City Council wishes to make application for the available grant funds for specific projects and activities identified in the 2008-2009 Fifth Program Year Action Plan that was adopted by the City Council on July 24, 2008 and amended on May 28, 2009, 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 Funding Approval/Agreement with HUD for the above-described grant, a copy of said Approval/Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 27th day of August, 2009. I r' .71," MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\0905\MUNICIPAL\1290827A1.DOC/rmC Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) Hl -00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) City of Round Rock 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 221 East Main Street Round Rock, TX 78664 869/00161 DUNS#- 18-274-0792 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 3. Grantee's 9•digitTax ID Number 746017485 4. Date use of funds may begin (mm/dd/yyy41/N 0 3 2009 5a. Project/Grant No. 1 B -09 -MY -48-0514 5b. Project/Grant No. 2 6a. Amount Approved $108,742 6b. Amount Approved 5c. Project/Grant No. 3 6c. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title 1 assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title 1 and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Richard L. Lopez Grantee Name City of Round Rock Title Acting CPD Director Title Mayor a r• Date 7 2Q09 own Signature Date (mm/dd/yyyy) 7. Category of Title I Assistance for this Funding Action (check only one) 8. Special Conditions (check one) ❑ None 9a. Date HUD Received Submission (mm/dd/yyyy) 06/03/2009 10. check one Orig. Funding Approval Amendment Amendment Number 11 a. ❑ b. /1 a. Entitlement, Sec 106(b) 9b. Date Grantee Notified (mm/d, 2 7 2009 ❑ b. State -Administered, Sec 106(d)(1) ❑ c. HUD -Administered Small Cities, Sec 106(d)(2)(B) ❑ d. Indian CDBG Programs, Sec 106(a)(1) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sec 107 ❑ g. Loan Guarantee, Sec 108 /1 Attached 9c. Date of Start of Program Year (mm/dd/yyyy) 11. Amount of Community Development Block Grant FY (2009) FY ( ) FY ( ) a. Funds Reserved for this Grantee 108742 b. Funds now being Approved 108742 c. Reservation to be Cancelled (11a minus 11b) 0 12a. Amount of Loan Guarantee Commitment now being Approved Not Applicable 12b. Name and complete Address of Public Agency Not Applicable Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency Not Applicable Title Signature HUD Accounting use Only Batch TAC Program Y A Reg Area Document No. Project Number Category 1 5 3 1 7 6 T Project Number Project N mber Amount Amount Amount Date Entered PAS (mnIddiyyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By Effective Date (mm/dd/yyyy) F II EXHIBIT nAu Verified By 24 CFR 570 form HUD -7082 (4/93) SPECIAL CONDITIONS TO THE GRANT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS AUTHORIZED AND APPROPRIATED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (PUBLIC LAW 111-5, FEBRUARY 17, 2009) CDBG-R GRANTEE: CDBG-R GRANT NUMBER: CDBG-R GRANT AMOUNT: CDBG-R APPROVAL DATE: Special Conditions: The terms of the Grant Agreement include the following special conditions: 1. The Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and the above named Grantee, is made pursuant to the authority of Title XII of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the Recovery Act). The Grantee acknowledges that the CDBG-R grant is one-time funding. 2. The Grant Agreement is governed by and the Grantee shall comply with the requirements of the Recovery Act; the Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009, 74 Fed. Reg. 21816 (May 11, 2009) available at http://www.hud.gov/recovery/cdblock.cfm (as now in effect and as may be amended from time to time) (the Notice); Title I of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (as modified by the Notice); and, the HUD regulations at 24 CFR part 570 (as now in effect and as may be amended from time to time) as modified by the Notice (the Regulations). The Grantee's submissions, the Notice, the Funding Approval/Agreement (form HUD -7082) and the special conditions described herein are incorporated by reference and constitute part of the Grant Agreement. Submissions include the CDBG-R action plan substantial amendment, including the certifications and assurances and any information or documentation required to meet any grant award conditions. In the event of conflict between a provision of the Grantee's submissions and any other provision of this Grant Agreement document, the latter shall control. City of Round Rock B -09 -MY -48-0514 $108,742 JUL 2 7 2009 3. The Grantee shall comply with government wide guidance and standard award terms established by the Office of Management and Budget (OMB) concerning the implementation of the Recovery Act, including Requirements for Implementing Sections 1512, 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards, 74 Fed. Reg. 18449 (April 23, 2009) (to be codified at 2 CFR Part 176) (as now in effect and as may be amended from time to time). Notwithstanding the foregoing, the CDBG-R Special Grant Conditions Page 1 of 2 Grantee shall comply with Section 110 of the CDBG Statute concerning the Davis -Bacon Act. The Grantee shall comply with reporting requirements established by HUD and OMB (including all revisions to such reporting requirements), as well as Sections 1511, 1515, and 1553 of the Recovery Act (including implementing guidance). 4. The Grantee shall at all times maintain an up-to-date copy of its Grantee Submission, including all amendments approved by HUD, on its Internet website as required by the Notice. The Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant funds and program income under this Grant Agreement and any other records required by applicable law, in its files, and shall make such information available for audit or inspection by duly authorized representatives of HUD, HUD's Office of the Inspector General, the Recovery Act Transparency Board, or the Comptroller General of the United States. 5. In addition to other lawful remedies, HUD reserves the right to restrict access to grantees' CDBG-R funds for delinquent, incomplete, or inaccurate reporting. This includes the right to suspend access to the Integrated Disbursement and Information System (IDIS) should the Grantee fail to comply with quarterly CDBG-R reporting requirements. 6. The Grantee may take advantage of the pre -award costs provisions at 24 CFR 570.200(h) to incur pre -award costs associated with the development of the substantial amendment to the action plan beginning May 5, 2009. The Grantee may also incur costs prior to the grant award for specific activities as of the date the CDBG-R action plan substantial amendment was submitted to HUD. 7. The Grantee is advised that providing false, fictitious or misleading information with respect to CDBG-R funds may result in criminal, civil or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute. The Grantee shall promptly refer to HUD's Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG-R funds. 8. In any contract involving the use of CDBG-R funds, the Grantee shall include, and require its subrecipients and contractors to include, a project sign provision consistent with criteria established by the Secretary. 9. The Grantee shall have until September 30, 2012, to expend the entire CDBG-R Grant Amount. CDBG-R funds not expended by September 30, 2012, will be recaptured by HUD. 10. The Grantee shall extend all applicable terms and conditions of this grant award to subrecipients and contractors, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). 11. The Grant Agreement may be amended in writing by HUD. In considering proposed amendments to this Grant Agreement, HUD shall review, among other things, whether the amendment is otherwise consistent with the Recovery Act, the Housing and Community Development Act, the Notice and the Regulations. CDBG-R Special Grant Conditions Page 2 of 2 DATE: August 19, 2009 SUBJECT: City Council Meeting — August 27, 2009 ITEM: 9A1. Consider a resolution authorizing the Mayor to execute a Funding Approval/Agreement with the U.S. Department of Housing and Urban Development for the Community Development Block Grant Recovery Program Funding. Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Liz Alvarado, Community Development Assistant Justification: These documents constitute the contract between the Department of Housing and Urban Development and the City of Round Rock for use of Community Development Block Grant Recovery Funds. Funding: Cost: $108,742.00 Source of funds: CDBG-R HUD Recovery Funds Outside Resources: U.S. Department of Housing and Community Affairs Background Information: This agreement must be signed and returned to the Department of Housing and Urban Development within 30 days of July 29, 2009. Six homes will be rehabilitated with these funds. Public Comment: A public hearing was held on May 28, 2009 and no public comment was received. EXECUTED DOCUMENT FOLLOWS Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI -00515R of 20515R U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 1. Name of Grantee (as shown in item 5 of Standard Form 424) City of Round Rock 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 221 East Main Street Round Rock, TX 78664 869/00161 DUNS#- 10-274-0792 3. Grantee's 9 -digit Tax ID Number 746017485 5a. ProjectGrant No. 1 B -09 -MY -48-0514 5b. Project/Grant No. 2 4. Date use of funds may begin (mm/dd/yyMUN 0 3 2009 6a. Amount Approved $108,742 6b. Amount Approved 5c. Project/Grant No. 3 6c. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section I04(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Richard L. Lopez Grantee Name City of Round Rock Title Acting CPD Director Title Mayor S Date (mm/dd(JUL Q 7 20098 uu�U i nature' W, Date p�(1Zfi 20� V \ 7. Category of Title I Assistance for this Fundi Action (check only one) 8. Special Conditions (check one) ❑ None 9a. Date HUD Received Submission (mm dd yyyy) 06/03/2009 10. check one Funding Approval ppOr Amendment Amendment Number /�1 a. ❑ b. /1 a. Entitlement, Sec 106(b) 9b. Dat oe (tem/4 SiI,) 1 2009 ❑ b. State -Administered, Sec 106(d)(1) ❑ c. HUD -Administered Small Cities, Sec 106(d)(2)(B) ❑ d. Indian CDBG Programs, Sec 106(a)(1) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sec 107 ❑ g. Loan Guarantee, Sec 108 ►1 Attached 9c. Date of Start of Program Year (mm/ddyyyy) 11. Amount of Community Development Block Grant FY (2009) FY ( ) FY ( ) a. Funds Reserved for this Grantee 108742 b. Funds now being Approved 108742 c. Reservation to be Cancelled (11a minus 11b) 0 12a. Amount of Loan Guarantee Commitment now being Approved Not Applicable 12b. Name and complete Address of Public Agency Not Applicable Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency Not Applicable Title Signature Batch TAC Program Y A Reg Area 1 5 3 1 7 6 Document No. Project Number Category Project Number Project N mber Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Amount Amount Amount Transaction Code Entered By Effective Date (mm/dd/yyyy) F Verified By 24 CFR 570 form HUD -7082 (4/93) SPECIAL CONDITIONS TO THE GRANT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS AUTHORIZED AND APPROPRIATED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (PUBLIC LAW 111-5, FEBRUARY 17, 2009) CDBG-R GRANTEE: City of Round Rock CDBG-R GRANT NUMBER: B -09 -MY -48-0514 CDBG-R GRANT AMOUNT: $108,742 JUL 2 7 2009 CDBG-R APPROVAL DATE: Special Conditions: The terms of the Grant Agreement include the following special conditions: 1. The Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and the above named Grantee, is made pursuant to the authority of Title XII of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the Recovery Act). The Grantee acknowledges that the CDBG-R grant is one-time funding. 2. The Grant Agreement is governed by and the Grantee shall comply with the requirements of the Recovery Act; the Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009, 74 Fed. Reg. 21816 (May 11, 2009) available at http://www.hud.gov/recovery/cdblock.cfm (as now in effect and as may be amended from time to time) (the Notice); Title I of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (as modified by the Notice); and, the HUD regulations at 24 CFR part 570 (as now in effect and as may be amended from time to time) as modified by the Notice (the Regulations). The Grantee's submissions, the Notice, the Funding Approval/Agreement (form HUD -7082) and the special conditions described herein are incorporated by reference and constitute part of the Grant Agreement. Submissions include the CDBG-R action plan substantial amendment, including the certifications and assurances and any information or documentation required to meet any grant award conditions. In the event of conflict between a provision of the Grantee's submissions and any other provision of this Grant Agreement document, the latter shall control. 3. The Grantee shall comply with government wide guidance and standard award terms established by the Office of Management and Budget (OMB) concerning the implementation of the Recovery Act, including Requirements for Implementing Sections 1512, 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards, 74 Fed. Reg. 18449 (April 23, 2009) (to be codified at 2 CFR Part 176) (as now in effect and as may be amended from time to time). Notwithstanding the foregoing, the CDBG-R Special Grant Conditions Page 1 of 2 Grantee shall comply with Section 110 of the CDBG Statute concerning the Davis -Bacon Act. The Grantee shall comply with reporting requirements established by HUD and OMB (including all revisions to such reporting requirements), as well as Sections 1511, 1515, and 1553 of the Recovery Act (including implementing guidance). 4. The Grantee shall at all times maintain an up-to-date copy of its Grantee Submission, including all amendments approved by HUD, on its Internet website as required by the Notice. The Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant funds and program income under this Grant Agreement and any other records required by applicable law, in its files, and shall make such information available for audit or inspection by duly authorized representatives of HUD, HUD's Office of the Inspector General, the Recovery Act Transparency Board, or the Comptroller General of the United States. 5. In addition to other lawful remedies, HUD reserves the right to restrict access to grantees' CDBG-R funds for delinquent, incomplete, or inaccurate reporting. This includes the right to suspend access to the Integrated Disbursement and Information System (IDIS) should the Grantee fail to comply with quarterly CDBG-R reporting requirements. 6. The Grantee may take advantage of the pre -award costs provisions at 24 CFR 570.200(h) to incur pre -award costs associated with the development of the substantial amendment to the action plan beginning May 5, 2009. The Grantee may also incur costs prior to the grant award for specific activities as of the date the CDBG-R action plan substantial amendment was submitted to HUD. 7. The Grantee is advised that providing false, fictitious or misleading information with respect to CDBG-R funds may result in criminal, civil or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute. The Grantee shall promptly refer to HUD's Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG-R funds. 8. In any contract involving the use of CDBG-R funds, the Grantee shall include, and require its subrecipients and contractors to include, a project sign provision consistent with criteria established by the Secretary. 9. The Grantee shall have until September 30, 2012, to expend the entire CDBG-R Grant Amount. CDBG-R funds not expended by September 30, 2012, will be recaptured by HUD. 10. The Grantee shall extend all applicable terms and conditions of this grant award to subrecipients and contractors, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). 11. The Grant Agreement may be amended in writing by HUD. In considering proposed amendments to this Grant Agreement, HUD shall review, among other things, whether the amendment is otherwise consistent with the Recovery Act, the Housing and Community Development Act, the Notice and the Regulations. CDBG-R Special Grant Conditions Page 2 of 2