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R-2021-027 - 2/11/2021RESOLUTION NO. R-2021-027 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 5 51, Texas Government Code, as amended. RESOLVED this 11 th day of February, 2021. CRAIG OZ , Mayor City of Rounk, Texas ATTEST: J SARA L. WHITE, City Clerk 0112.20212, 00464065 Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) Round Rock 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 301 W. Bagdad Street Suite 140 Round Rock, TX 78664- U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 3a. Grantee's 9-digit Tax ID Number 746017485 4. Date use of funds may begin 10/01/2020 OMB Approval No. 2506-0193 p 5/31/2018 3b. Grantee's 9-digit DUNS Number 102740792 5a. Project/Grant No. 1 6a. Amount Approved B-20-MC-48-0514 $675,397 5b. Project/Grant No. 2 6b. 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 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 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 issuedby the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- recivient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name (Contractual Organization) Elva F. Garcia Round Rock (City 0-f Round Rock) Title Title CPD Director Signature Date 01/12/2021 Signature Date (mm/dd/yyyy) Signed by: ELVA GARCIA 7. Category of Title I Assistance for this Funding Action: 8. Special Conditions 9a. Date HUD Received Submission 10. check one (check one) 08/14/2020 ❑ a. Orig. Funding Entitlement, Sec 106(b) None � Attached Approval � b. Amendment Amendment Number 9b. Date Grantee Notified 09/16/2020 9c. Date of Start of Program Year 10/01/2020 1111. Amount of Community Development Block Grant FY (2020) FY (2019 a. Funds Reserved for this Grantee $675,473 $ 27 b. Funds now being Approved $675,370 c. Reservation to be Cancelled -$103 (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A City Of Round Rock 301 W. Bagdad Street Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Suite 140 Department of Housing and Urban Development on the above date with Round Rock, TX 78664M respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions 12c. Name of Authorized Official for Designated Public Agency of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Title Signature X HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F m i 1 �6 3 [[11ooom� � a Y Project Number Amount Date Entered PAS (mm/dd/yyyy) Y Date Entered LOCCS (mm/d EXHIBIT Pnsaction Code Entered By Verified By „A„ 24 CFR 570 form HUD-7082 (5115) 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, 2027. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 20270 (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 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/Ag c1v 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 0 indirect cost rates for subreciplents. (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.s�ov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration's and 2 CFR part 170 Report ing 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 eminentnt domain, unless eminent domain is employed only for a public uses, For the purposes of this requirement, public use shall not be construed to 0 include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy -related, communication -related, water - related and wastewater -related infrastructure), other structures 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 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. (� E.O. 12372-Special Contract Condition - Notwithstanding any 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 release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD I 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)(I 7) of the Act unless such activity or project has been evaluated and selected i*n accordance with Appendix A to 24 CFR 570 - "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 II, Community Development Fund).