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R-2019-0467 - 11/26/2019 RESOLUTION NO. R-2019-0467 WHEREAS,the U.S. Department of Housing and Urban Development("HUD")has grant funds available to cities through the Community Development Block Grant Program; and WHEREAS, HUD has submitted to the City for its approval, a Funding Approval/Agreement, a copy of which is attached hereto as Exhibit"A"; and WHEREAS, the City Council wishes to approve said Agreement, 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. 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 26th day of November, 2019. -/-,� CRAIGORrock, , Mayor City of Round Texas ATTEST: !�,Jnk e to*� SARA L. WHITE, City Clerk 0112.1902;00435453.doc/mws EXHIBIT Funding Approval/AgreementU.S.Department of Housing and Urban De ---- Title I of the Housing and Community Office of Community Planning and Developm ! Development Act(Public Law 930383) Community Development Block Grant Program -0193 I HI-00515R of 20515R exp 5/31/2018 1,Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-dlgl1 Tax ID Number 3b.Grantee's 9-dgit DUNS Number G hound Rock 746017485 102744792 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin 221 East Main Street 10/0112019 Round Rock,TX 78664 5a.ProjectlGrant No,1 Iia,Amount Approved `•' B-19-MC-48-0514 $686,770.00 5b.Project/Granl No.2 tib,Amount Approved i. Grant Agreements 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 I 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 he amended from lime 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 speciticd in item 4 above i provided the activities to which such costs aro related are carried out in compliance with all applicable requirements. Pre-agreement costs may not he paid with funding assistance specified here unless the are authorized in HUD regulations or roved h waiver and listed in the s pe Y g PP Y acetal 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 Sceflon 104(g)of Title 1 and published in 24 CCR fart 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- recipient ub- reel ient entities to which it makes funding assistance hereunder available. U.S.Department of housing and Urban Development(fay Name) Grantee Name(Contractual Organization) Elva F,Garcia City of Round Rock Title Title CPD Director Signature Date Signature Data(mmlddlyyyy) 10/2312019 x 3 7,Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one i (check one) 00/10019 ®a.Ogg.Funding Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ®Attached 10/23/2019 ❑b.Amendment 9c.Date of Start of Program Year Amendment Number 101014019 11.Amount of Community Development Block Grant FY 2019 FY 2018 FY 2017 a.Funds Reserved for this Grantee $686,600.00 $170,00 $ Q) b.Funds now being Approved c.Reservation to be Cancelled Ila minus 11b 12a,Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Pubic Agency I N/A City Of Round Rock ILoan Guarantee Acceptance Provisions for Designated Agencies: 221 Last Main Street The public agency hereby accepts the Grant Agreement executed by the Round Rock,TX 78664 Department of Housing and Urban Development on the above date with respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency guarantee assistance,and agrees to comply with the terms and conditions of the Agreement,applicable regulations,and other requirements of HUD TilJe now or hereafter in effect,pertaining to the assistance provided it. Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) F X153 7_10 1 7 6 Y Project Number Amount a Y Pro ect Number Amount 0 L] I - 14 1 7 —1 Date Entered PAS mm/dd/ Date Entered t.00CS mmldd/ ( yYYY) ( yyyy) Balch NumberTransaction Code Entered By Verified By s 24 CFR 570 form HUD-7082(5/15) i a i' 8. Special Conditions. (a) The period of performance for the funding assistance specified in the ` Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2026. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2026. (b) The Recipient shall attach a schedule of its indirect cost rate(s)in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The l schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement,provided that the rate(s)described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency(including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied(for example,Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082,the grantee shall comply with requirements established by the Office of Management and Budget(OMB)concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management(SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170,Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are 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 the purposes of this requirement,public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport,seaport or 1 I r r highway projects as well as utility projects which benefit or serve the i general public (including energy-related,communication-related, water- : related and wastewater-related infrastructure), other structures E. designated for use by the general public or which have other common- carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for I the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. I (f) E.O. 12372-Special Contract Condition-Notwithstanding Y an other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the I release of funds on completion of the review procedures required under Executive Order(E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17)of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 574- "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source- P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K,Title I1, Community Development Fund).