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CM-13-07-120ROUND ROCK TEXAS PURPOSE IWSt101t PROSPPARY City of Round Rock Agenda Item Summary Agenda Number: Title: Consider execution of Community Development Block Grant -Recovery (CDBG-R) Program Grantee Closeout documents. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/26/2013 Dept Director: Cheryl Delaney Cost: $0.00 Indexes: Attachments: LAF - CDBG-R Certifications (7-22-13) (00278751).pdf Text of Legislative File CM -13-07-120 The City of Round Rock approved an agreement with the U.S. Department of Housing and Urban Development (HUD) by Resolution No. R -09-08-27-9A1 on August 27, 2009 in the amount of $108,742 in Community Development Block Grant -Recovery (CDBG-R) funds. The purpose of this grant was to create or retain jobs and to stimulate the economy. The Community Development Advisory Commission (CDAC) recommended that these funds be used to rehabilitate and repair seven homes for low to moderate income families through the CDBG Home Repair Program. All funds were expended in timely manner and HUD is requesting that the City of Round Rock submit grant closeout documents. Staff recommends approval. City of Round Rock Page 1 Printed on 7/25/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: CDBG!Finance Project Mgr/Resource: Liz Alvarado Council Action: ORDINANCE Agenda Wording Project Name: CDBG-R Closeout ContractorNendor: N/A 0 RESOLUTION xOCity Manager Approval CMA Wording Consider execution of Community Development Block Grant -- Recovery (CDBG-R) Program Grantee Closeout documents. Attorney Approval EAttorney Notes/Comments Date '7/,??i//3 O:\wdoxISCCInts10179\13001MUNICIPAL\00278716.XLS Updated 6/3/08 U.S. Department of Housing and Urban Development Community Planning and Development OMB Approval No. 2506-0193 (exp 1/31/2015) Attachment: C Community Development Block Grant — Recovery (CDBG-R) Program Grantee Closeout Certification Grantee Name: Grant Number: City of Round Rock B -09 -MY -48-0514 The Grantee hereby certifies that: (1) the grant as described in the approved application has been performed in accordance with the terms and conditions of the executed Grant Agreement and applicable CDBG-R Grant Award and that there are no known outstanding programmatic or financial issues; and (2) all data provided below fairly reflects costs and sources of funds of the CDBG-R grant and are taken from HUD -approved reports and other project -related documents. 1. Grant amount authorized. 2. Cumulative grant funds disbursed. (Grantee should draw down amounts for any final audit costs or unsettled third party claims. Any such amounts not subsequently disbursed must be immediately reimbursed to HUD.) $ 108,742 $ 108,742 3. Grant funds recaptured previously $ 0 4. Balance of grant funds to be recaptured. $ 0 (These funds will be recaptured by HUD in order for the funds to be returned to the U.S. Treasury.) Grantee Authorized Representative's Signature and Date CPD Division Director Signature and Date Steve Norwood Typed Name of Signatory City Manager Title Typed Name of Signatory Title The above signature by HUD signifies approval of grant closeout. Page 1 C -1-U7--iao HUD Form 40156 (1/2012) U.S. Department of Housing and Urban Development Community Planning and Development OMB Approval No. 2506-0193 (exp 1/31/2015) Attachment: D CDBG-R Closeout Checklist For the purposes of expediting the grant closeout process, HUD asks applicants to submit the following checklist. 1. Program Income • Is there any program income on -hand at the time the close out agreement is signed? Yes ❑ NoE If yes, explain: 2. CDBG-R Activities • Are any of the activities ineligible under the Recovery Act, including swimming pools, golf courses, zoos, aquariums, and casinos or other gambling establishments? Yes❑ No Elf yes, explain: • Are any of the activities ineligible under the regular CDBG program or do any of the activities provide insufficient public benefit per 24 CFR 570.209(b)(3) or 24 CFR 570.482(f)(4)? Yes❑ No ❑X If, yes explain: • Do any activities contradict with any of the provisions in President Obama's Ensuring Responsible Spending of Recovery Act Funds Memo, including the section on Avoiding Funding of Imprudent Projects? Yes❑ Nod If yes, explain: • Any unused grant funds cancelled by HUD? Yes❑ No 0 If yes, explain: 3. Draw Downs • Evidence that no more than 10% of the grant amount was spent on administration and planning? Yes ❑X No ❑ If no, explain: • Evidence that no more than 15% of the grant amount was spent on public services? Yes ❑x No❑ If no, explain: • Evidence that at least 70% of the grant amount principally benefitted persons of low- and moderate - income? Yes j No ❑ If no, explain: • Did grantee commingle regular CDBG and CDBG-R funds? Yes ❑ NoE If yes, explain: • If applicable, did the activities identified meet the public benefit standard underwriting guidelines as described in 24 CFR 570.209 (a) for entitlements grantees and 24 CFR 570.482(e) for states Page 1 HUD Form 40157 (1/2012) U.S. Department of Housing and Urban Development Community Planning and Development OMB Approval No. 2506-0193 (exp 1/31/2015) Yes • No❑ If no, explain: 4. Activity Eligibility and Meet a National Objective • Are all activities eligible and does each activity meets a national objective? Yesfc❑ No❑ If no, explain 5. Audits • Did the grantee have any open audits prior to CDBG-R allocation? Yes ❑ NoE, if yes explain • Did the grantee make reviews and audits of subrecipients and/or state recipients? Yes ❑ No0, if no explain Sub -recipients were not funded with CDBG-R funds. 6. Monitoring • Does the grantee have any open monitoring findings? Yes ❑ No0, if yes explain 7. Reporting Systems • Are all quarterly reports current and accurate in Federal Reporting? Yes 0 No❑, if no explain • Did grantee report on the number of jobs created or retained for each activity carried out? Yes 0 No❑, if no explain • Did the grantee report on the name, location, and contact information for the entity that carried out each activity? Yes 0 No❑, if no explain • Does the RAMPS data system indicate that the environmental review is complete? Yes 0 No❑, if no explain • Did the grantee indicate that the grant is complete in Federal Reporting? Yes 0 No❑, if no explain 8. Certifications • Did the grantee adhere to all certifications regarding the applicable provisions of the CDBG-R Notice? For example, Buy American provisions, Affirmatively Furthering Fair Housing, Section 3, Lead-based paint procedures. Yes 0 No❑, if no explain Grantee Authorized Representative's Signature 0 7/z. Date Page 2 HUD Form 40157 (1/2012) U.S. Department of Housing and Urban Development Community Planning and Development OMB Approval No. 2506-0193 (exp 1/31/2015) Attachment: E GRANT CLOSEOUT AGREEMENT For Entitlement Community Development Block Grant -Recovery Program Between U.S. Department of Housing & Urban Development 615 East Houston Street San Antonio, Texas 78205 AND City of Round Rock 221 East Main Street Round Rock, TX 78664 This agreement sets forth the terms and conditions associated with the closeout of HUD CDBG-R Grant (B -o9 -MY -48-0514 ) dated July 27, 2011 , and any applicable amendments. The City of Round Rock certifies that, to the best of its knowledge: • All activities as authorized by this grant and any applicable amendments have been completed as described in the grantee's final performance report dated 07/27/2011 • During the administration of this award, no fraud, waste or mismanagement has occurred in carrying out the approved activities. • All grant -financed costs associated with these activities have been incurred. • Proper provisions have been made for the payment of all unpaid costs and unsettled third - party claims. • The Department of Housing and Urban Development is under no obligation to make any payment to the City of Round Rock in excess of the amount identified in the grant agreement. • Statements and amounts set forth in the Federal Financial Report (SF -425) are true and accurate as of this date. Further, the City of Round Rock hereby acknowledges the remaining obligation(s) under the terms of the grant agreement and agrees as follows: • All records and documents pertaining to this grant will be maintained for a period of 4 years after execution of this closeout agreement or the period required by other applicable laws and regulations related to affirmatively furthering fair housing -24 CFR 570.506 (g)(1), Lead -Based Paint -Poisoning Prevention Act -24 CFR 570.608, Architectural Barriers Act and Americans with Disabilities Act -24 CFR 570.614, and the Uniform Relocation Act – 24 CFR 570.606. Page 1 HUD Form 40158 (1/2012) U.S. Department of Housing and Urban Development Community Planning and Development OMB Approval No. 2506-0193 (exp 1/31/2015) Insert as Applicable • Any real property within the City of Round Rock 's control which was acquired or improved in whole or part using CDBG funds in excess of $25,000 is governed by the principles described in 24 CFR 570.505. This is not applicable. • If any rehabilitated property falls within a flood plain, flood insurance coverage must be maintained for the mandatory period for affected property owners. This is not applicable. • Identify any closeout costs or contingent liabilities subject to payment after the closeout agreement is signed. This is not applicable. • Submit to HUD a Federal Financial Report using Standard Form 425 upon the completion of the final audit and resolution of any finding. Report is attached. • A total of $ 0 in grant funds has been previously cancelled and returned to the Department on OR A total of $ o in grant funds will be recaptured by HUD upon execution of this closeout agreement. (Optional) This is not applicable . HUD maintains the right to conduct future monitoring of this grant, either on site or by review of information or copies of documents requested from the City of Round Rock . The City of Round Rock acknowledges that a finding of non-compliance resulting from such a review and failure to take appropriate corrective action satisfactory to HUD may be taken into account by HUD as evidence of unsatisfactory performance, in consideration of future grant awards. Further the City of Round Rock may be required to repay HUD any disallowed costs based on the results of a future audit or monitoring finding. For the City of Round Rock Steve Norwood, City Manager dJ�L(Q//3 Name /Title of Authorized Official/Title Date For the Department of Housing and Urban Development: Typed name of CPD Director Date Signature Page 2 HUD Form 40158 (1/2012) FEDERAL FINANCIAL REPORT Follow form instructions 1. Federal Agency and Organizational Element to Which Report is Submitted HUD 2. Federal Grant or Other Identifying Number Assigned by Federal Agency (To report multiple grants, use FFR Attachment) B09MY480514 Page 1 of 1 I pages 3. Recipient Organization (Name and complete address including Zip code) City of Round Rock - 221 E. Main St., Round Rock, TX 78664 4a. DUNS Number 102740792 4b. EIN 74-6017485 5. Recipient Account Number or Identifying Number (To report multiple grants, use FFR Attachment) 6. ❑ ❑ .____ Report Type Quarterly Semi -Annual Annual Final 7. -1 ❑ Basis of Accounting Cash Accrual 8. Project/Grant Period (Month, Day, Year) From: January 01, 2010 To: 9. Reporting June 30, 2013 Period End Date (Month, Day, Year) 10. Transactions Cumulative (Use lines a -c for single or multiple grant reporting) Federal Cash (To report multiple grants, also use FFR Attachment): a. Cash Receipts $ 108,742.00 b. Cash Disbursements $ 108,742.00 c. Cash on Hand (line a minus b) 0.00 (Use lines d -o for single grant reporting) Federal Expenditures and Unobligated Balance: d. Total Federal funds authorized e. Federal share of expenditures f. Federal share of unliquidated obligations g. Total Federal share (sum of lines e and f) h. Unobligated balance of Federal funds (line d minus g) Recipient Share: i. Total recipient share required j. Recipient share of expenditures k. Remaining recipient share to be provided (line i minus j) Program Income: I. Total Federal program income earned m. Program income expended in accordance with the deduction alternative n. Program income expended in accordance with the addition alternative o. Unexpended program income (line I minus line m o line n) 11. Indirect a. Type b. Rate c. Period `Period To From d. Base e. Amount Charged f. Federal Share Expense N/A N/A N/A N/A 0 0 0 N/A N/A N/A N/A 0 0 0 g. Totals: $0.00 $0.00 $0.00 12. Remarks: Attach any explanations deemed necessary or information required by Federal sponsoring agency in compliance with goveming legislation: 13. Certification: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and intent set forth in the award documents. I am aware that any false, fictitious, or fraudulent information may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) a. Typed or Printed Name and Title of Authorized Certifying Official c. Telephone (Area code, number, and extension) 512-218-5445 Cheryl Delaney City of Round Rock Finance Director d. Email Address O-_ 16a � e. Date Report Submitted (Month, Day, Year) Standard Form 425 - Revised 6/28/2010 OMB Approval Number: 0348-0061 Expiration Date: 10/31/2011 Paperwork Burden Statement According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is 0348-0061. Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0061), Washington, DC 20503.