HomeMy WebLinkAboutResolution - 2009-R0331 - Agreement - HUD - CDBG-R - 08/27/2009Resolution No. 2009—RO331
August 27, 2009
Item No. 5.1.3
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
ratify for and on behalf of the City of Lubbock an Agreement, by and between the City of
Lubbock and the U.S. Department of Housing and Urban Development (HUD), from the
Community Development Block Grant Recovery (CDBG-R) program, and related documents.
Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein
and shall be included in the minutes of the Council.
Passed by the City Council this 27th day of August , 2009.
TOM MARTIN, MAYOR
ATTEST:
Rebecc 'aria, City Secretary
APPROVED ixS TO CONTENT:
Bill Howerton, Jr.
Community Development Directo
APPROVED AS TO FORM:
Am
gsfccdocs/res-CD-CDBG-R Assistance Prog.09
08/17/09
Resolution No. 2009-80331
Funding Approval/Agreement U.S. Department of Housing and Urban Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act (Public Lava 930383) Community Development Block Grant Program
HI -005158 of 20515FI
1. Name of Grantee (as shown in item 5 of Standard Form 424)
City of Lubbock
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424)
1625 13`h Street
Lubbock, TX 79401
DUNS# 058213893
756000590
5a. Project/Grant No. 1
B -09 -MY -48-0022
5b. PrcjecVG rant No. 2
4. uate use of tunas may
06/05/2009
6a. Amount Approved
$619,558.00
6b. Amount Approved
5c. Project/Grant No, 3 1 8c. 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 submiAons 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 pari 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 speed and required in regulations issued by the
Secretary pursuant to Section 104(g) of Title i and published in 24 CFR Part 58. The Grantee further acknowletiges its responsibility for adherence to the Agreement by
sub-recinieni entities to which it makes funding assistance herCunder available.
U^,Oief Housing and Urban Development (By Name)
Grantee Name
orshamT
Title
Director, Community Planning, & Development
,fyl V .
&gnatureX,
Date
JUL 2 2Gs
Signature
,,,,�
Date
.-!
7. Category of Title7l Assistance for this Funding ActW
8. Special Conditions
Aa, Date HUD Received Submission
10. Check one
(Check only one)
®' a. Entitlement, Sec 106(b)
❑ b. State -Administered, Sec 106(d)(1)
❑ c. HUD -Administered Small Cities, See 106(d)(2)(B)
❑ d. Indian CDBG Programs. Sec 106(a)(1)
❑ e. Surplus Urban Renewal Funds, See 112(b)
f Special Purpose Grants, See 107
❑ g. Loan Guarantee, See 108
(Check one)
❑ None
® Attached
06/0512009
a. Ong, Funding
Approval
❑ b. Amendment
Amendment Number
9b. Date Grantee Notified
JUL 2 4 2Gp9
9c. Date of Start of Program Year
06/05/2009
11. Amount of Community Development
Block Grant FY (09) FY (
1 FY ( }
a. Funds Reserved for this Grantee $619,558.00
b. Funds now being Approved $619,558.00
c. Reservation to be Cancelled
(11a minus 11b
12a. Amount of Loan Guarantee Commitment now being Approved
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
12c. Name of Authorized Official for Designated Public Agency
Not Applicable
Title
assistance provided it.
Signature
HUD Accounting use Only
Batch TAC Program Y A Reg Area Document No. Project Number
Mo�oii ���
(mm/ddlyyyy)
)ate Entered L
Effective Date
Category Amount (mm/ddlyyyy) F
1111111111111M 11111 � 1
Project Number
Project Number
I I I M
Amount
Amount
(mmlddlyyyy) I Batch Number I Transaction Code I Entered By I Verified By
Resolution No. 2009-RO331
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:
City of Lubbock
B -09 -MY -48-0022
CDBG-R GRANT AMOUNT: $619,558.00
CDBG-R APPROVAL DATE: JUL 2 4 2009
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 govemmentwide 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 2049 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.
f. 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