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HomeMy WebLinkAboutResolution - 2015-R0400 - Contract - US HUD - Renew CDBG - 12/03/2015Resolution No. 2015-RO400 Item No. 5.20 December 3, 2015 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, Contract 12594 and all related documents, between the City of Lubbock Community Development Department and the U.S. Department of Housing and Urban Development, for the renewal of the Community Development Block Grant that will fund public service activities, non-public service activities, housing, direct delivery, and administration. 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 December 3, 2015 GLEN .ROBERTSON,MAYOR ATTEST: Rebe ta Garza, City ecret APPROVED AS TO CONTENT: Bill How n, Assisl ity Manager APPROVED AS TO FORM: Just')n] rui , Ass' tans C ty Attorney ccdocs/RES. Agreement— Community Development Block Grant Renewal Contract November 11. 2015 Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) item 5 City of Lubbock P. O. Box 2000 Lubbock, TX 79457-2000 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 1/31/2015) sa. Grantee's 94igit lax 3b. Grantee's DUNS Number: 4. Date use of funds may begin ID Number. 058213893 (mmlddyyyy):10-01-2015 756000590 5a. ProjKUGranl No. 1 6a. AmountApproved B -15 -MC -48-0022 $1.935.068 Grant Agreement: 1 ms timnt Agreement between me Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I ofthe Housing and Community Development Act of 1974, as amended. (42 USC 5301 et seq.). The Gamee's submissions for Title 1 assistance, the ITUD regulations at 24 CFR Part 570 her now in effect and as mac be amended from time to time).. and this Funding Approval, including any special conditionstaddendums. constitute pan 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 in 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 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) Grantee Name Shirley J. Henley Tide irector, Community Planning and Development Tito Si Date(mmiddlyyyy) Signature Date(mMddlyyyy) ' ME 2015 Category of Ti 1 ste for this Funding (check only ort © a. Entitlement Sec 106(b) ❑ b. State -Administered, Sac 106(d)(1) 8. Speaal Conditions (check one) ❑ None ® Attached 9a. Date HUD Received Submission (mmlddlyyyy) 08-12-2015 10. check one © a. Ong. Funding Approval ❑ b. Amendment 9b. Date Grantee Notified NOV 1015 c HUD -Administered Small Cites, Sec 106(d)(2)(8)Amendment ❑ d. Indian CDBG Programs, Sec 106(a)(1) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sac 107 ❑ g. Loan Guarantee, Sec 108 (mmfdil" Number 9a Date of Start of Program Year (mmlddlyyyy) 10-01-2015 11, Amount of Community Development Block Grant FY (15 ) FY( ) FY( ) a. Funds Reserved for this Grantee $1,935,068 b. Funds naw being Approved c. Reservation to be Cancelled (Ila minus 11 b 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency City of Lubbock, 1625 13th Street 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 Lubbock, Texas 79401 respect to the above grant numbegs) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and 1211. Name of Authorized Official for Designated Public Agency conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Title MAYOR Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) F 111©�11 111 , 1 1 11 11111 ....■ 1111 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, 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 department/agency that will carry out activities with the Funding Assistance, the indirect cost rate applicable to each department/agency (including if the de minimis rate is charged per 2 CFR §200.414), and the direct cost base to which the rate will be applied. Do not include indirect cost rates for subrecipients. Administering Direct //t DDe artment/Agency Indirect cost rate Cost Base NrnM M oPmen+ 3 % �V L✓t01dS U4u a % �o (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, Tide II, Community Development Fund) (f) 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) (g) 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.