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R-2015-2907 - 11/12/2015 RESOLUTION NO. R-2015-2907 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 City Manager 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 12th day of November, 2015. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: v SARA L. WHITE, City Clerk 0112.1504;00345569 EXHIBIT Funding Approval/Agreement U.S.Department of Housing and Urban Development "A» Title I of the blousing and Community Office of Community Planning and Development /-� Development Act(Public Law 930383) Community Development Block Grant Program HI-005158 of 20515R 2506-0193(exp 5131/2018) 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9- tt DUNS Number City of Round Rock 74-6017485 102740792 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin City of Round Rock mm/dd1 ( yyyy) 10/01/2015 221 E.Main Street 5a.Project/Grant No.l 6a.Amount Approved Round Rock,TX 78664 8-15-MC-48-0514 ��6b. 570,575 5b.Projecf/Grant No.2 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 fundamg assistance specified here unless they are authorized in IIUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume alt 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 I and published in 24 CFR Pan 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) Grantee Name Elva F.Garcia Laurie.Hadley Title Title HUD Community Planning and Development Director City Manager Sign Date(mm/dd/yyyy) Signature Date(mmldd/yyyy) 09/30/2015 7.C ry of Title ITS foris Funding Action 8.Special Conditions 9a.Date HUD Received Submission 10.check one (check only one) (check one) (mm/dd/yyyy) 07/31/2015 ®a.Odg.Funding ®a.Entitlement,See 106(b) ❑None 9b.date Grantee Notified Approval ❑b.State-Administered,See 106(d)(1) ®Attached mate G ❑b.Amendment ( yyyy) 09/30/2015❑c.HUD-Administered Small Cities,Sec 106(d)(2)(B) 9c.Date of Start of Program Year Amendment Number ❑d.Indian CDBG Programs,See 106(a)(1) (mm/ddlyyyy) 10/01/2015 ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development Elf.Special Purpose Grants,Sec 107 Block Grant FY 2015 FY FY ❑g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee $570,575 b.Funds now being Approved $570,575 c.Reservation to be Gancelled 11a minus 11b 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency N/A 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 12c.Name of Authorized Oficial for Designated Public Agency loan guarantee assistance, and agrees to comply with the terns and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title 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 FM 1 7 6 U nU1111 F_ In Y m t_i_LW ....._ Y Project Number Amount -------------------- Y Proiect Number Amount Date Entered PAS(mmldd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082{4/93) S. 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, 2022. The Grantee shall not incur any obligations to be paid with such assistance after September 1,2022. (Source: 31 U.S.C. 1551- 1557) (b) If Funding Assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E-Cost Principles, attach a schedule in the format set forth below to the executed Grant Agreement that is returned to HUD. The schedule shall identify each departmenVagency that will carry out activities with the Funding Assistance, the indirect cost rate applicable to each department/agency (including if the de rninimis rate is charged per 2 CFR 5200.414), and the direct cost base to which the rate will be applied. Do not include indirect cost rates for subrecipients. Administering Direct Department/Agency Indirect cost rate Cost Base �o io (c) The grantee shall comply with requirements established by the Office of Management and Budget(OMB)concerning the Universal Numbering System and System for Award Management(SAM)requirements in Appendix A to 2 CFR part 25, and the Federal Funding Accountability and Transparency Act (FFATA)in Appendix A to 2 CFR part 170. (d) The grantee, unit of general local government or Insular Area that 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 Housing and.Community Development Act of 1974 (the Act). (Source: P.L. 113-235, Consolidated and Further Continuing Appropriations Act,2015,Division K, Title II, Community Development Fund) (e) 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 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) (e} 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 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 brownsfield as defined in the Small Business Liability Relief and Brownsfield Revitalization Act(Public Law 107-118)shall be considered a public use for purposes of eminent domain. (Source: P.L. 113- 235, Consolidated and Further Continuing Appropriations Act, 2015,Division K, Title IV, General Provisions, Section 407) (f) 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'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.