Loading...
HomeMy WebLinkAboutResolution - 2021-R0053 - CD Funding Agreement 15751 with HUD 2.9.21Resolution No. 2021-R0053 Item No. 6.1.1 February 9, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Community Development Funding Agreement 15 75 1, and all related documents, between the City of Lubbock and the U.S. Department of Housing and Urban Development (HUD), for Community Development Block Grant (CDBG) CARES Act. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 9, 2021 DANIEL M. POPE, MAYOR ATTEST: Rebe a Garza, City Secr tar APPROVED AS TO CONTENT: Karen Murfee, Community DeV61opment Director APPROVED AS TO FORM: W I 4WLII�_ elli Leisure, Assistant City Attorney ccdocs/RES. CBDG Contract 15751 —CARES Act 01.26.21 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Fort Worth Regional Office, Region VI Office of Community Planning and Development 801 Chevy Street, Unit #45, Ste. 2500 Fort Worth, TX 76102 www.hud.gov January 12, 2021 Karen Murfee Director Community Development Department PO Box 2000 Lubbock, TX 79604 Dear Ms. Murfee: Subject: Transmittal of FY 2020 CARES Act (CDBG-CV2 and ESG CV-2) Grant Agreements The Fort Worth CPD Field Office would like to thank you for your continued diligence in responding to the coronavirus crisis. The Coronavirus Aid, Relief and Economic Security (CARES) Act provides funding to enable your community to prevent, prepare for, and respond to coronavirus through providing quality subsidized housing and expanding economic opportunities for low -and moderate -income persons through Department of Housing and Urban Development (HUD) programs. Your community has been awarded CARES Act funding as noted below. You will need to execute a grant agreement amendment for any subsequent rounds of funding in addition to the original grant agreement for Round 1 program funds. One grant agreement or grant agreement amendment, as applicable, is attached for each program awarded as follows: Community Development Block Grant (CV 1 and CV 3) $2,909,365 Emergency Solution Grant (ESG-CV 1 and CV2) $2,0179587 Transmittal of a grant agreement or grant agreement amendment does not constitute approval of the activities described in your Consolidated Plan. You are reminded that you, as the grantee, are responsible for ensuring that all grant funds are used in accordance with all program requirements. An executed grant agreement is a legally binding agreement. CARES Act Provisions The CARES Act awards follow the existing regulations for each program, with additional flexibilities and suspensions that have been provided by HUD as well as those that will be outlined in forthcoming applicable program Notices. The HOPWA-CV notice was issued on May 8, 2020 and is posted here: littps://www.hLid.gov/progi-am offices/comet planning Once CDBG and ESG Program Notices are final, they will be transmitted to all grantees for use in administering each program and will also be published in the Federal Register. Access Once CDBG and ESG Program Notices are final, they will be transmitted to all grantees for use in administering each program and will also be published in the Federal Register. Access the current waiver memoranda on HUD.gov here: https://www.hud.gov/program offices/comm planning Administrative Guidelines Electronic signatures and email transmission are approved for the following: Grant agreements Grant agreement amendments IDIS Online Access Request Form (HUD 27055) Request for Release of Funds Direct Deposit Sign -Up form (SF-1199A) The Chief Elected Official and/or designee should execute two (2) copies of each attached grant agreement or grant agreement amendment, as applicable. To establish a Line of Credit for the supplemental CARES Act funds, it will be necessary for your agency to sign, execute and return one (1) copy of each grant agreement or grant agreement amendment. Electronic signature and email submission of the agreement or amendment to the field office is approved. Return one (1) copy of each agreement or amendment to this office to the attention of Shirley J. Henley, Director, Community Planning and Development. Please ensure the signatory signs the CDBG-CV grant agreement in the box directly across from the HUD CPD Director's signature. The CDBG-CV Funding Approval/Agreement should not be electronically signed in box 12c. Maintain a copy of each agreement with the original signature on site in your program files. If there is a need to add or remove individuals authorized to access the Integrated Disbursement Information System (IDIS), please submit an IDIS Online Access Request Form (HUD 27055), which can be signed and notarized electronically. Additionally, if there is a need to establish or change the depository account where these funds are to be wired, a Direct Deposit Sign -Up form (SF-1199A) must be completed electronically by your financial institution and returned to this office by email with a copy of a voided check. You are reminded that these grants are subject to the provisions of 24 CFR Part 58 Environmental Review Procedures unless requirements are waived through the CARES Act. Funds for covered activities may not be obligated or expended until HUD has approved the release of funds. A request for release of funds (RROF) must be accompanied by an environmental certification, and until the RROF is approved and notification is received, no HUD funds should be committed. If the project or activity is exempt per 24 CFR 58.34 or categorically excluded (except in extraordinary circumstances), no RROF is required. Updated procedures are available at https://www.hudexchaiige.info/news/office-of-environment-and- enec;ay-atiidance-in-response-to-covid-19/ All grantees must ensure they maintain active Dun and Bradstreet Numbering System (DUNS) numbers in the System for Award Management (SAM) system. Entities must have an active and unexpired DUNS before execution of grant agreements to avoid delays in the obligation of funds which will delay your ability to drawdown funds in IDIS. Grantees are required to maintain an active SAMs registration by re -activating their DUNS number annually in the SAM system for the entire drawdown period of their grants. DUNS numbers can be registered and renewed each year at the following website: https://www.sani.-.ov/SAM/ HUD congratulates the City on its grant award, and we look forward to assisting you in accomplishing your programs goals. If you have any questions or need further information of assistance, please contact your assigned CPD Representative. Sincerely, Shirley . enley, Director Office of Community Planning and Development Enclosure Resolution No. 2021-R0053 Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R Lubbock Po Box 2000 Lubbock, TX 79457-0001 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 5/31/2018 756000590 Date use of f B-20-MW48-0022 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 we 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 issued by 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 - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Shirley Henley Grantee Name (Contractual Organization) Lubbock (City Of Lubbock) TitlCPD Director rlue Daniel M. Pop Mayor SlgnaW Data Signature I Date (mmlddlyyyy) 01/12/2021 X 2/9/2021 7. Category of Tithe I Assistance for this Funding Action: EntiBement, Sec 106(b) 8. Special Condlflons (check one) ❑ None ® Attached 9a. Dale HUD Received Submission 1211112020 10. check one ❑ a. Odg. Funding Approval ® b. Amendment Amendment Number 9b. Date Grantee Notiled 01/12/2021 9c. Date of Start of Program Year 001020) 11. Amount of Community Development Block Grant FY 120201_ a. Funds Reserved for this Grantee $2,909,365 b. Funds now being Approved c. Reservation to be Cancelled 11e minus 11b 120. Amount of Loan Guarantee Commitment now being Approved N/A 12b, Name and complete Address of Public Agency City Of Lubbock Po Box 2000 Lubbock, TX 79457-0001 1 me of Authorized 0f0clal or Design ubllc Agency 7itie Y' 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 dale 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 assistance provided it. Signature X HUD Accounting use Only - - Batch TAC Program Y A Reg Area Document No. Project Number Category Amount Effective Date (mmlddlyyyy) F � T15 6 �D0OmMM� I U 0 UY Project Number Amount Y P ea� U IT I I Amount^�I I OA PVD COn rn.-.. O1111 no, /C119% Additional CDBG-CV Requirements In addition to the terms and conditions in the Funding Approval/Agreement, the following requirements apply to Grantees receiving CDBG-CV funds in accordance with the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Pub. L.116-136). 1) The Grantee agrees to comply with the requirements in the CARES Act that apply to CDBG-CV grants and must use the CDBG-CV grant funds to prevent, prepare for and respond to coronavirus. 2) The grantee agrees to comply with the requirements of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.) and implementing regulations at 24 CFR part 570, as now in effect and as may be amended from time to time, and as modified by the rules, waivers and alternative requirements published by HUD from time to time. Rules, waivers and alternative requirements of Federal Register notices applicable to CDBG-CV grants are hereby incorporated into and made a part of the grant agreement. 3) The Grantee may use CDBG-CV funds as reimbursement for previously incurred costs, provided that those costs are allowable and consistent with the CARES Act's purpose to prevent, prepare for and respond to coronavirus. 4) The grantee agrees to establish and maintain adequate procedures to prevent any duplication of benefits as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 132 Stat. 3442). 5) The period of performance for the funding assistance specified in the Funding Approval/Agreement ("Funding Assistance") shall be six years. It shall begin on the date specified in item 4 in the Funding Approval/Agreement and shall end six years later, on the month and day specified in item 4. The Grantee shall not incur any obligations to be paid with the Funding Assistance after this period of performance. 6) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Funding Approval/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 Funding Approval/Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct DeQartment[Aeency 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. 7) In addition to the conditions contained in the Funding Approval/Agreement (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 1.70, Reporting Subaward and Executive Compensation Information. 8) The grantee shall ensure that no CDBG-CV 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 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. 9) The Grantee or unit of general local government that directly or indirectly receives CDBG-CV 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. 10) 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.0.12372 and implementing regulations. 11) CDBG-CV 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 — This condition Is included as requirement on the use of fiscal year 2020 CDBG funds by the Community Development Fund heading, Department of Housing and Urban Development Appropriations Act, 2020.. Public Law 116-94, and is made applicable to this grant by the CARES Act).