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HomeMy WebLinkAboutResolution - 2014-R0390 - Contract - US HUD - ESG - 11/20/2014lotion No. 2014-R0390 No. 6.17 :tuber 20, 2014 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, by and between the City of Lubbock Community Development Department and the U. S. Department of Housing and Urban Development (HUD), for the Emergency Solutions Grant (ESG), and all related documents. 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 this November 20, 2014 2014, C. BERTSON, MAYOR ATTEST: R—ebec Garza, City Secretan, APPROVED AS TO CONTENT: J� Ucn Bill Howerton, Assistant City Ma ager APPROVED AS TO FORM: y Si Deputy ttomey gs/CDBG-Agrmnt- Housing & Urban -HUD, ESG.res 11.4.14 Resolution No. 2014-RO390 Fu n di ng'Approva I/Agreement Emergency Solutions Grants Program Subtitle B of Title IV of the McKinney -Veno Homeless Assistance Act, 42 U.S.C. 11371 at seq. 1. Recipient Name and Address City of Lubbock P. O. Box 2000 Lubbock, TX 79457-2000 2. Grand number: #E -14 -MC -48-0007 U.S. Department of Housing and Urban Development Office of Community Planning and Development 3. Tax Identification Number 756000590 4. DUNS Number 058213893 S. Fiscal Year hn yy) 2014 6. Previous Obligation (Enter 10' for initial Fiscal Year allocation) $ 7. Current Transaction (+or) 5168,098 B. Revised Obligation $ 9. Data of Start of Recipient's 10. Date HUD Received Recipient's 11. Date On Which Recipient May Begin Program Year (mnVdd/yyyy) ConsolidatedPlan Submission mAJ yyy) Incurring Costs (the later of the dales listed in 9 10-01-2014 and 10) (mnVdd/ ) 10-01-201 12. Type of Agreement (check applicable box) 13. Special Conditions (check applicable box) ® Initial Agreement (Purpose #1 - Initial Fiscal Year allocation) 19 Not applicable ❑ Attached ❑ Amendment (Purpose #2-Deobligaeon of funds) ❑ Amendment (Purpose #3 -Obligation of additional funds) This Agreement between the U.S. Department of Housing and Urban Development (HUD) and the Recipient is made pursuant to the authority of Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 at seq.). The Recipient's Consolidated Plan submissions (including the Recipient's approved annual Action Plan and any amendments completed in accordance with 24 CFR Pan 91), the Emergency Solutions Grants Program regulations at 24 CFR Part 576 (as now in effect and as may be amended from time to time), and this Agreement, including any special conditions attached to this Agreement, constitute part of this Agreement. Subject to the terms and conditions of this Agreement, HUD will make the funds for the specified Fiscal Year available to the Recipient upon execution of this Agreement by the Recipient and HUD, and the funds may be used to pay costs incurred on or after the date specified in Box 11 above. All funds for the specified Fiscal Year that HUD provides by reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Recipient's execution of the amendment or other consent. The Recipient agrees to assume all of the responsibilities with respect to environmental review, decision making, and action required under the HUD regulations at 24 CFR Part 50. The Recipient shall also comply with the universal identifier and registration requirements at 2 CFR Part 25, Appendix A to Part 25—Award Term, except that the internet site is now located at www.sam.eov instead of www.ccr.gov. Nothing in this Agreement shall be construed as creating or justifying any claim against the federal government or the Recipient by any third party. and Shirley J. Henley, Director of Community Planning & Development GLEN C. ROBERTSON, MAYOR PAS Code: ' Appropriation: Allotment: Program Code: Region: Office: APpro Symbol: 16. Date DIMP2blig11O2014 11 20 /2014 Instructions for Completing the Agreement for the Emergency Solutions Grants (ESG) Program General Instructions: This Agreement is used for one of three Jam: (1) to make the initial obligation of ESG funds for a fiscal year and establish the terms under which the obligation is trade; (2) to amend an existing Agreement to deobligate an amount of previously obligated ESG funds after a reduction by HUD; (3) to amend an existing Agreement to obligate additional ESG funds for the same fiscal year after a reallocation of funds. 1. Recipient Name and Address. Enter the name of the state, territory or unit of general purpose local government, the name of the organizational unit or instrumentality designated to act on behalf of the government with respect to ESG, and the address of the organizational unit or instrumentality (or government, if no unit or instrumentality is designated). Example (Organizational unit): City of ABC ABC Department of Homeless Services Address of ABC Department of Homeless Services Example (instrumentality): State of XYC XYZ Housing Finance Agency Address of XYZ Housing Finance Agency For HUD to recognize an instrumentality as the state for ESG: The state must submit the following to the field office: (1) The governor's written designation of the instrumentality to act on behalf of the state with respect to the Emergency Solutions Grants program. and (2) Certification by the governor of the state that the instrumentality meets each of the following criteria or evidence that otherwise shows the entity qualifies as an instrumentality of the state under its state law: (a) The entity is used for a governmental purpose and performs a governmental function; (b) The entity perforins its function on behalf of the state: (c) The state has the authority to appoint members of the governing body of the entity OR the control and supervision of the entity is vested in the state government; (d) State statutory authority is needed to create and/or use the entity; and (e) No pan of the net earnings inures to the benefit of any private shareholder. member or individual. For HUD to recognize an instrumentality as the metropolitan city or urban county for ESG: The metropolitan city/urban county must submit the following to the field office: (1) The chief executive's written designation of the instrumentality to act on behalf of the metropolitan city/the urban county with respect to the Emergency Solutions Grants program; (2) Certification by the chief executive of the metropolitan city or urban county that the instrumentality is established pursuant to legislation to act on behalf of the metropolitan city/the county with regard to homeless assistance activities, but is not a public housing authority/agency: and (3) Certification by the metropolitan city or urban county (chief executive or authorized attorney for the metropolitan city or urban county) that the instrumentality meets each of the following criteria or evidence that otherwise shows the entity qualifies as an instrumentality of the metropolitan city/the county under its state or local law: (a) The entity is used for a governmental purpose and performs a governmental function; (b) The entity performs its function on behalf of the metropolitan city/the county; (c) The metropolitan city/the county has the authority to appoint members of the governing body of the entity OR the control and supervision of the entity is vested in the metropolitan city/the county. (d) State or local statutory authority is needed to create and/or use the entity: and (c) No pan of the net earnings inures to the benefit of any private shareholder, member or individual. 2. Grant number. Enter the recipient's grant number. 3. Tax Identification Number. Enter the 9 -digit Tax ID Number (TIN) for the entity whose address is in Box 1, 4. DUNS Number. Enter the Dun and Bradstreet Data Universal Numbering System (DUNS) number for the entity whose address is in Box 5. Fiscal Year. Indicate the fiscal year (yyyy) source of funds for this transaction. Only funds from this fiscal year are to be included in this transaction. (A separate form must be completed for each fiscal year's funds.) 6. Previous Obligation. Enter the total amount of funds that have been previously obligated for this recipient for this fiscal year source of funds. If this Agreement is for the recipient's initial allocation for the fiscal year (purpose #1). the amount will be "0." If this Agreement is for deobligating funds (purpose #2) or obligating additional funds for the fiscal year (purpose #3). enter the amount from Box 8 of the most recent Agreement used for ESG funds for the fiscal year identified in Box 5. 7. Current Transaction. Enter the total amount of funds for this transaction. Indicate a deobligation either by placing parentheses around the amount deobligated or a minus sign before the amount de -obligated. 8. Revised Obligation. Enter the total amount of funds available to the recipient after this transaction. Box 6 plus/minus Box 7. 9. Date of Start of Recipient's Program Year. Enter the date (mnt/dd/yyyy) on which the Recipient's Program Year begins. If this Agreement is being used for deobligating funds (purpose # 2) or obligating additional funds for the fiscal year (purpose # 3), this date must snatch Box 9 of the initial Agreement used for ESG funds for the fiscal year identified in Box 5. 10. Date HUD Received Recipient's Consolidated Plan Submission. Enter the date (mm/dd/yyyy) on which HUD received the recipient's consolidated plan submission corresponding to the funds involved in this transaction, as described below. For purpose #1— Initial Fiscal Year allocation: Enter the date HUD received the recipient's annual action plan. For purpose #2 — Deobligation of funds: Enter the date in Box 10 of the most recent Agreement used for ESG funds for the fiscal year identified in Box 5. For purpose #3 — Obligation of additional funds: Enter the date HUD received the recipient's substantial amendment for those funds. 11. Date On Which Recipient May Begin Incurring Costs. Enter the date (mm/ddlyyyy) that is the later of the date in Box 9 and the date in Box 10. 12. Type of Agreement. Check Initial Agreement (Purpose #]—Initial Fiscal Year allocation), Amendment (Purpose #2 — Deobligation), or Amendment (Purpose #3 — Obligating additional funds), as applicable. 13. Special Conditions. Check the appropriate box and, if applicable, attach the special conditions that are pan of the Agreement. 14. Name and Tide of HUD Official. Enter the name and title of the HUD official who is authorized to sign the Agreement on behalf of HUD. This is usually the Feld Office CPD Director. 15. Signature of HUD Official. The HUD Official signs the Agreement here. 16. Date. Faster the date (mm/dd/yyyy) on which the HUD Official signs the Agreement. This is the date of obligation. 17. Name and Title of Authorized Official for the Recipient. Enter the name and title of the official authorized to sign on behalf of the recipient. This item is not required if this Agreement is being used for obligating additional funds for the fiscal year after a reallocation by HUD (purpose 0). 18. Signature of Authorized Official for the Recipient. The authorized official for the recipient signs the Agreement here. This item is not required if this Agreement is being used for obligating additional funds for the fiscal year after a reallocation of funds (purpose 0). 19. Date. Enter the date (mm/dd/yyyy) on which the authorized official for the recipient signs the Agreement. This item is not required if this Agreement is being used for obligating additional funds for the fiscal year after a reallocation of funds (purpose 0)