The City of Flatonia TEXAS CITY OF FLATONIA SPECIAL CITY COUNCIL MEETING Council Chambers/City Hall 125 E. South Main, Flatonia, Texas June 21, 2022, AT 6:00 pm AGENDA Opening Agenda Call to Order Invocation & Pledge Citizens' Participation Deliberation Agenda DA6.2.2022.1 Consider and take action on adopting the Resolution Regarding the Civil Rights Policies for the 2020 GLO Community Development Block Grant Mitigation Supplemental (CDBG-MIT Supplemental) Program, Contract #22-119-001-D359. DA6.2.2022.2 Consider and take action to approve the Resolution Designating Authorized Signatories for Contractual and Financial Documents pertaining to the 2020 GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, Contract # 22-119-001-D359. Consider and take appropriate action on Reaffirming the Proclamation declaring April 2022 as the City ofFlatonia- Fair Housing Month; Mayorto DA6.2.2022.3 Sign Proclamation. DA6.2.2022.4 Consider and take action to approve Amendment #I for the Grant Administration Services contract for the 2020 Community Development Block Grant Mitigation Supplemental (CDBG-MIT Supplemental) Program Contract Number #22-119-001-D359. DA6.2.2022.5 Consider and take action to approve Amendment #1 for the Grant Administration Services contract for the 2020 Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program Contract Number #22-119-001-D359. DA6.2.2022.6 Considerand take appropriate. action on adopting Local Procurement Policies & Procedures Addendum pertaining to the GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, Infrastructure Contract Number #22-119-001-D359. DA6.2.2022.7 Consider and take appropriate action to adopt the Statement of Financial Goals and Policies Amendment #1 pertaining to the GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplementap.Program, lafasnetrCmtncNumker2-11900-D3. Executive Session ES6.1.2022.1 As authorized by Texas Government Code 551.071, Adjournment I,theu undersigned authority do hereby certify that thel Noticed ofMeeting was posted on thel bulletin board outside the front door oft the Cityl Hall ofthe Cityo ofFlatonia, Texas, aj place convenient and readily accessible to the general public at all times and: said Notice was posted on thei following date and time: June 17, 2022 by 5:00 p.m. and remained SO posted continuously for at least 72 hours preceding thefscheduled time ofjsaid out hoD Sonya Bishop, City Manager, City of Flatonia NOTICEOF. ASSISTANCE AT THE PUBLIC MEETING EXECUTIVE SESSION: STATEMENT The City Council reserves the right to adjoum into The Flatonia City Hall is wheelchair accessible. executive session at any time during the course of this Access to the building is available at the primary meeting to discuss any of the matters listed above, as entrance façing Main Street. Persons with disabilities authorized by the Texas Government Code, Section who plan to attend this meeting and who may need 551.071 (Consultations with Attomey), 551.072 auxiliary aids or services such as interpreters for (Deliberations about Real Property), 551.073 persons who are deaf or hearing impaired, readers, or (Deliberations Regarding Gifts and Donations), 551.074 large print arer requested to contact the City Secretary's (Personnel Matters), 551.076 (Deliberations Regarding Office at 361-865-3548 or by FAX 361-865-2817 at Security Devices or Security Audits), 551.086 (Certain least two working days prior to the meeting so that Public Power Utilities: Competitivel Matter:s)and551.087 appropriate arrangements can be made. (Deliberation Regarding Economic Development Negotiations). Agenda Removal Notice This Public Notice was removed from the official posting board at the Flatonia City Hall on the following date and time: By: Tamela Louvier, City Secretary, City ofl Flatonia City of Flatonia City Council June 21,2022 Executive Session Certified Agenda A. ANNOUNCEMENT BYMAYOR Pursuant to Chapter 551 of the Texas Government Code, the City Council may convene into Executive Session pursuant to any lawful exception including any or all of the topics on this 1.1 The implementation of security plans ini relation to crisis planning and management, and agenda as well as authority: related resources. B. DISCUSSIONITEM The subject matter oft the Executive Session is as follows: 1.1 The implementation ofs security plans in relation to crisis planning and management, and related resources. Record offurther action taken: No action taken. executive session. Staffi instructed toj provide additional information to be presented at a subsequent Staffinstructed to place item on open meeting agenda for final action. : ANNOUNCEMENT BYI MAYOR The City Council has completed the Executive Session at p.m. on the 21S1 day ofJune 2022. D. CERTIFICATION Ihereby certify that this Agenda of an Executive Session oft the Flatonia City Council is a true and correct record of the proceedings pursuant to those sections oft the Texas Government Code under which a description oft the discussion is provided above. WITNESS my hand this 21St day of. June 2022 Dennis Geesaman Mayor ATTEST: Sonya Bishop City Manager CITY OF FLATONIA Agenda Summary Form Agesda# Titles DA6.2.2022.1 Consider and take action on adopting the Resolution Regarding the Civil Rights Policies for the 2020 GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, Contract #22-119-001-D359. Summary: Adopt the Resolution Regarding the Civil Rights Policies for the 2020 GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, Contract #22-119-001-D359. Option(s): a Imove to make the motion to approve the adoption of the Resolution Regarding the Civil Rights Policies for the 2020 GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, Contract If you are opposed to not 2nd or make any motion. If a motion is not made, the #22-119-001-D359. item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. RESOLUTION No. Regarding Civil Rights- The City of Flatonia, Texas Whereas, the City of Flatonia, Texas, (hereinafter referred to as "City of Flatonia") has been awarded CDBG-MIT SUP funding through a CDBG-MIT SUP grant from the Texas General Land Office Whereas, the City of Flatonia, in accordance with Section 109 of the Title I of the Housing and Community Development Act. (24 CFR 6); the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); and Section 504 of the Rehabilitation. Actof1973 (29US.C.794)andt for construction contracts greater than $10,000, must take actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts generated by the CDBG activity, on the basis of race, Whereas, the City of Flatonia, in consideration fort the receipt and acceptance ofi federal funding, agrees too comply with all federal rules and regulations including those rules and regulations governing citizen Whereas, the City of Flatonia, in accordance with Section 3 of the Housing and Urban Development Act of 1968, as amended, and 24 CFR Part 135, is required, to the greatest extent feasible, to provide training and employment opportunities to lower income residents and contract opportunities to Whereas, the City of Flatonia, in accordance with Section 104(1) of the Housing and Community Development Act, as amended, and State's certification requirements at 24 CFR 91.325(b)(6), must adopt an excessive force policy that prohibits the use of excessive force against non-violent civil rights (hereinafter referred to as "GLO"); color, religion, sex, national origin, age, or disability; participation and civil rights protections; businesses in the CDBG project area; demonstrations; Whereas, the City of Flatonia, in accordance with Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability and agrees to ensure thatqualified individuals with disabilities Whereas, the City of Flatonia, in accordance with Section 808(e)(5) of the Fair Housing Act (42 USC 3608(e)(5)) that requires HUD programs and activities be administered in a manner affirmatively to further the policies of the Fair Housing Act, agrees to conduct at leàst one activity during the contract have access to programs and activities that receive federal funds; and period of the CDBG contract, to affirmatively further fair housing; 5/26/2021 Whereas, the City of Flatonia, agrees to maintain written standards of conduct covering conflicts ofi interest and governing the actions of its employees engaged int the selection, award and administration of contracts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FLATONIA, TEXAS, that the CITY OF FLATONIA. ADOPIS/REAFFIRMS THE FOLLOWING: 1. Reaffirm - Citizen Participation Plan and Grievance Procedures; 2. Section 3F Policy; 3. Excessive Force Policy; Procedures; 5. Fair Housing Policy. 4. [If Grant Recipient employs 15 or more employees), Section 504 Policy and Grievance Passed and approved this 21st day of June, 2022. Dennis Geesaman, Mayor Printed Name of Elected Official Signature of Elected Official City of Flatonia Date 5/26/2021 FAIONIA FatonaatyCound: August 25th, 2020 Council Meeting DELIBERATION 8.2-2020.7 Agenda Item: Discuss, consider and possible action to Adopt the Citizen Participation Plan Policy for the GLO Community Development Block Grant Programs. Attachments: 1. Citizen Participation Plan CITIZENPARTCIPATION PLAN THE CITY OF FLATONIA URBAN DEVELOPMENT REGARDING THE USE OF GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND This Citizen Participation Plan was prepared in accordance with Section 104(a) oft the Housing and Community L DevelopmentActo/1974, as amended. The 24CFR 91.105 federal regulations The plan is to be used to address citizen participation in the Community Development Block Grant (CDBG) Program. With receipt of HOME Investment Partnerships (HOME) Program funds, The Citizen Participation Plan (CPP) sets forth policies and procedures for citizen participation in the development of project specific applications and substantial amendments to these outline the "citizen participation" requirements. the program will bei included under this Citizen Participation Plan. projects with funding. CERTIFICATION OF COMPLIANCE The City of Flatonia, Texas is certifying to the U. S. Department of Housing and Urban Development (HUD) and State Agencies administering HUD programs that they have an approved Citizen Participation Plan, which: provides for and encourages citizen participation with emphasis on participation by personswhoarer residents ofs sluma and blighted areas, byr residentsi in low-and moderate- provides for and encourages citizen participation of residents of public and assisted housing developments, as well as provides information to the public housing authorities provides for and encourages citizen participation of persons with disabilities as well as provides documents in at format accessible to persons with disabilities, upon request. provides for and encourages citizen participation of all citizens, including minorities and non-English speaking persons, and identifies how the needs of non-English speaking residents will be met int the case of public hearings where a significant number of non- English speaking residents can be reasonably expected toy participate. provides citizens with reasonable and timely notification and access to local meetings, information, and records relating to the County's proposed and actual use of federal provides for public hearings and/or public postings to obtain citizen views; to respond to proposals and questions at all stages oft the community development program, including at least the development of needs; and the review of proposed activities, and review of program annual performance. If hearings are held, they shall be after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with provides for a timely written response to written complaints and grievances where income neighborhoods, or targeted revitalization areas. within ourj jurisdiction activities related to these programs. Community Development Block Grant funds. accommodations. for1 the disabled; and, applicable. Note to Grant Recipients regarding Limited English Proficiency (LEPY requirements: ina accordance with federal law, if there is a signifiçant number of the population who are non- English speaking residents and are affected by the CDBG project, such citizens should have meaningful access' to all aspects of the CDBG project. To provide meaningful access', Grant Recipients may need to provide interpreter services at public hearings or provide non-English written materials that are routinely provided in English. Examples of such vital documents may include Citizen Participation notices (e.g., complaint procedures, hearings notices), civil rights notices, and any other published notice that may allow an eligible person with limited English proficiency to participate in discussing proposed CDBG activities. For more information, see LEP.gov. COMPLAINT PROCEDURES These complaint procedures comply with the requirements of HUD's CDBG Program and Local Government Requirements found in 24 CFR $570.486 (Code of Federal Regulations). Citizens can obtain a copy of these procedures at the City of Flatonia, 125 East South Main Street P.0. Box 329 Flatonia, Texas 78941, 361)865-3548 during regular business hours. Below are the formal complaint and grievance procedures regarding the services provided 1. Ap person who has a complaint or grievance about any services or activities with respect to the CDBG project, whether iti is a proposed, ongoing, or completed CDBG project, may during regular business hours submit such complaint or grievance, in writing to the City Civil Rights Officer, at 125 East South Main Street P.O. Box: 329 Flatonia, Texas 78941, 2. A copy of the complaint or grievance shall be transmitted by the Civil Rights Officer to the person/division that is the subject of the complaint or grievance and to the City Manager within five (5) working days after the date of the complaint or grievançe was 3. The City! Manager or their representative shall complete aninvestigation oft the complaint or grievance, if practicable, and provide at timely written answer to person who madei the complaint or grievance within fifteen (15) days. The response may be at time extension 4. Ifthe investigation cannot be completed within fifteen (15) working days per 3 above, the person who made the grievance or complaint shall be notified, in writing, within twenty (20) days where practicable after receipt of the original complaint or grievance 5. Ifnecessary, the grievance and a written copy of the subsequent investigation shall be forwarded to the CDBG Program Manager fort their further review and comment. Ifa appropriate, provide copies of grievance procedures and responses to grievances in both under the CDBG program. or may call (361)865-3548. received, tot further review the complaint or grievance. and shall detail when the investigation should be completed. English and Spanish, or other appropriate language. TECHNICAL ASSISTANCE When requested, the City shal! provide technical assistance to groups that are representative of persons of low- and moderate-income in developing proposals for the use of CDBG funds. The City, based upon the specific needs oft the community's sresidents att thet time oft the request, shail détermine the ievel andi type ofassistance. PUBLICOUTREACHANDINVOLVEMENT Citizens will be provided reasonable advance notice of, and opportunity to comment on proposed activities in an application to the state and for grants already made regarding activities which are proposed to be added, deleted, or substantially changed from the entity's application to the state. The public outreach and notification willl be accomplished through one a) Publication of notice in a local newspaper-a published newspaper article may also be used sO long as it provides sufficient information regarding program activities and b) Notices prominently posted in public buildings and distributed to local Public Housing or more oft the following methods: relevant dates. Authorities and other interested community groups. c) Posting of notice on the local entity website (if available). d) Public Hearing; or e) individual notice to eligible cities and other entities as applicable using one or more of the following methods: Certified mail, Electronic mail or fax, First class (regular mail), These details will be included in the Public Comment Version of the Application, prior to Citizens, with emphasis on persons of low-and moderate-incomewno are residents ofs slumand blight areas, shall be encouraged to submit their views and proposals regarding community development and housing needs. Citizens shall be made aware of the location where they may PUBLIC COMMENT PROVISIONS AS REQUIRED BY CERTAIN STATE AGENCIES IN THE When public notice is the sole required notification process for the submission of an application A copy of a substantially complete application will be made available to allow for 15 days of local public comment, 15 days of state comment for ai total of 30 days and will include, but are 1. The amount of CDBG funds expected to be made available for the current fiscal year (including the grant and any anticipated program income). 2. The range of activities that may be undertaken with the CDBGf funds. 3. The estimated amount of the CDBG- funds proposed to be used for activities that will meet the national objective of benefit tol low- and moderate-income persons. 4. The proposed CDBG activities likely to result in displacement and the unit of general local government's ant-displacement and relocation plans required under S 570.488. When a public hearing is required for submission of an application from a State agency, the Personal delivery (e.g., ata a Council of Governments meeting). Submission. submit their views and proposals. ADMINISTRATION OF FEDERAL PROGRAMS from a State agency, the following provisions shall be observed the City not limited to: 5. The development of housing and community developmentneeds following provisions shall be observed by the City: 1. As stated int the COVID-19 Disaster Declaration Proclamation dated March 13th, 2020; public hearings may be held virtually or in person, pursuant to Section 418.017 of the code; "authorization to use all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster." Public notice of all hearings must be posted at least seventy-two (72) hours prior to the scheduled 2. When a significant number of non-English speaking residents are a part of the potential service area of the CDBG project, vital documents such as notices should be published in the predominant language of these non-English speaking citizens. An interpreter should be present to accommodate the needs of the non-English speaking residents at 3. Each public hearing shall be held at ai time and location convenient to potential or actual beneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings and the City must plan for individuals who require auxiliary aids or services if contacted at least two days prior tot the hearing. 4. A public hearing, when required by a Federal Program, shall be held after 5:00 PM ona 5. If the agency requires a public hearing for submission, then a public notice shall be posted at city hall and the community's website notifying the public of the project The City shall retain documentation of the hearing notice(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the proposed use of funds for three (3) years from closeout of the grant to the state. Such records shall be made available1 to the publici in accordance with Chapter 552, Texas Government Code. hearing. all public hearing where applicable. weekday or at a convenient time on a Saturday or Sunday. selected at least 5 days prior to the submission of the application. Aigust 25,202D Bryah Milson, Mayor Date BOT Excessive Force Policy Ina accordance with 24 CFR 91.325(b)(6), the City of Flatonia hereby adopts and will enforce the following policy with respect to the use of excessive force: 1.Itis the policy of City of Flatonia (Grant Recipient) to prohibit the use of excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations; 2. Itis also the policy of City of Flatonia (Grant Recipient) to enforce appliçable State and local laws against physically barring entrance to or exit from a facility orl location that is the subject ofs such non-violent civil rights demonstrations within 3. The City of Flatonia (Grant Recipient) will introduce and pass a resolution As officers and representatives of the City of Flatonia, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this itsj jurisdiction. adopting this policy. program. Signature Date City of Flatonia, Mayor Title 09/01/2019 A1004 Sample Section 504 Policy Against Discrimination based on Handicap and Grievance Procedures Ina accordance with 24 CFR Section 8, Nondiscrimination based on Handicap ini federally assisted programs and activities of the Department of Housing and Urban Development, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309), City of Flatonia (Grant Recipient that employs fifteen or more persons) hereby adopts the following policy and grievance procedures: 1. Dscriminatonprohbted. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of The City of Flatonia (Grant Recipient) does not discriminate on the basis of handicap in admission or access to, or treatment or employment in, its federally assisted 3. The City of Flatonia's (Grant Recipient) recruitment materials or publications shall 4. The City of Flatonia (Grant Recipient) shall take continuing steps to notify participants, beneficiaries, applicants and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipients that it does not discriminate on the basis 5. For hearing and visually impaired individuals eligible to be served or likely to be affected by the TxCDBG program, the City of Flatonia (Grant Recipient) shall ensure that they are provided with the information necessary to understand and participate in the Housing and Urban Development (HUD). 2. programs and activities. include a statement oft this policy in 1. above. of handicap in violation of 24 CFR Part 8. TxCDBG program. 6. Grievances and Complaints a. Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for the City of Flatonia (Grant Recipient) to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. b. Complaints should be addressed to: Bryan Milson, City of Flatonia - Mayor, 125 South East Main Street, Flatonia, Texas 78941, (361) 865- 3548, who has been designated to coordinate Section 504 compliance efforts. 09/1/2019 C. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the d. A complaint should be filed within thirty (30) working days after the e. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by Bryan Milson, City of Flatonia - Mayor. Informal but thorough investigations will afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant Aw written determination as to the validity of the complaint and description of resolution, if any, shall be issued by Bryan Milson, City of Flatonia - Mayor, and a copy forwarded to the complainant with fifteen (15) working days after g. The Section 504 coordinator shall maintain the files and records of the City of h. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the determination/resolution as described inf.a above. The request for reconsideration should be made to the City of Flatonia (Grant Recipient) within ten working days after the receipt of the The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the U.S. Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. These procedures shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and assure that the City of Flatonia (Grant Recipient) complies with Section 504 and regulations. complainant becomes aware of the alleged violation. toacomplaint. the filing of the complaint where practicable. Flatonia (Grant Recipient) relating to the complaints files. written etermination/resoluton. HUD regulations. Signature/Title Date 09/1/2019 Sample Section 3 Policy In accordance with 12 U.S.C. 1701u the City of Flatonia agrees to implement the following steps, which, to the greatest extent feasible, wil provide job training, employment and contracting opportunities for Section 3 residents and Section 3 businesses of the areas in which the program/project is being carried out. A. Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for compliance to Section 3 regulations by increasing opportunities for employment and contracting for Section 3 residents and businesses. B. Assign duties related toi implementation of this plan tot the designated Civil Rights -- Notify Section 3 residents and business concerns of potential new employment and contracting opportunities as they are triggered by CDBG grant awards through the use of: Public Hearings and related advertisements; public notices; bidding advertisements and bid documents; notification to local business organizations such as the Chamber(s) of Commerce or the Urban League; local advertising media including public signage; project area committees and citizen advisory boards; local HUD offices; regional planning agencies; and all other appropriate referral sources. Include Section 3 clauses in all covered solicitations D. Maintain al list of those businesses that have identified themselves as Section 3 businesses for utilization in CDBG funded procurements, notify those businesses of pending contractual opportunities, and make this list available for general E. Maintain a list of those persons who have identified themselves as Section 3 residents and contact those persons when hiring/training opportunities are F. Require that all Prime contractors and subcontractors with contracts over $100,000 commit to this plan as part of their contract work. Monitor the contractors' performance with respect to meeting Section 3 requirements and require that they submit reports as may be required by HUD or GLO to the Grant G. Submit reports as required by HUD or GLO regarding contracting with Section 3 businesses andlor employment as they occur; and submit reports within 20 days of the federal fiscal year end (by October 20) which identify and quantify Section H. Maintain records, including copies of correspondence, memoranda, etc., which document all actions taken to comply with Section 3 regulations. As officers and representatives of City of Flatonia, we the undersigned have read and fully agree to this plan, and become a party to the fulli implementation oft this program. Officer. and contracts. Grant Recipient procurement needs. available through either the Grant Recipient or contractors. Recipient. 31 businesses and employees. Signature Title Date 09/01/2019 Sample Fair Housing Policy In accordance with Fair Housing Act, the City of Flatonia hereby adopts the following 1. City of Flatonia agrees to affirmatively further fair housing choice for all seven protected classes (race, color, religion, sex, disability, familial status, and national 2. City of Flatonia agrees to plan at least one activity during the contract term to 3. City of Flatonia will introduce and pass a resolution adopting this policy. As officers and representatives of City of Flatonia, we the undersigned have read and fully agree to this plan, and become a party to thet full implementation of this program. policy with respect to the Affirmatively Furthering Fair Housing: origin). affirmatively further fair housing. City of Flatonia Mayor Signature Date Title 09/01/2019 CITY OF FLATONIA Agenda Summary Form Agonda # Tile: DA6.2.2022.2 Consider and take action to approve the Resolution Designating Authorized Signatories for Contractual and Financial Documents pertaining to the 2020 GLO Community Development Block Grant Mitigation Supplemental (CDBG-MIT Supplemental) Program, Contract #2 22-119-001-D359. Summary: Approve the Resolution Designating Authorized Signatories for Contractual and Financial Documents pertaining to the 2020 GLO Community Development Block Grant -Mitigation Supplemental (CDBG-MIT Supplemental) Program, Contract #: 22-119-001- D359. Option(s): Imove to make the motion to approve the Resolution Designating Authorized Signatories for Contractual and Financial Documents pertaining to the 2020 GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Ify you are opposed to not 2nd or make any motion. Ifa a motion is not made, the Supplemental) Program, Contract # 22-119-001-D359. item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. RESOLUTION AUTHORIZING SIGNATORIES A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF FLATONIA, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE GENERAL LAND OFFICE COMMUNITY DEVELOPMENT BLOCK GRANT- MITIGATION SUPPLEMENTAL PROGRAM COBGMIFSUP,CONTRACT NUMBER 22-119-001-D359. WHEREAS, the City of Flatonia, Texas has received a 2020 GLO Community Development Block Grant- WHEREAS, it is necessary to appoint persons to execute contractual documents and documents for WHEREAS, an original signed copy of the CDBG-MIT-SUP Deposibny/Authorzed Signatories Designation WHEREAS, the City of Flatonia, Texas acknowledges that in the event that an authorized signatory of the City changes (elections, illness, resignations, etc.), the City must provide GLO with thet following: ar resolution stating who the new authorized signatory is (not required if this original resolution names arevised CDBG-MIT-SUP Deposlony/Authorized Signatories Designation. Form. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FLATONIA, TEXAS, The Mayor, Mayor Pro-Tem, City Manager be authorized to execute contractual documents between the General Land Office and the City for the 2020 Community Development Block Grant Mitigation Supplemental The Mayor, Mayor Pro-Tem, City Manager be authorized to execute the financial documents required for requesting funds approved in the 2020 Community Development Block Grant - Mitigation Supplemental PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FLATONIA, TEXAS on June 21, 2022. Mitigation Supplemental award to provide Infrastructure improvements, and; requesting funds from the General Land Office, and; Form is to be submitted with a copy of this Resolution, and; only the title and not the name of the signatory); and ASI FOLLOWS: Program. Program. Dennis Geesaman, City of Flatonia Mayor Attest: Tammy Louvier, City of Flatonia - City Secretary COMMUNITY DEVELOPMENT & REVITALIZATION Depostony/Auhorized Signatories. Designation Form The Texas Genera! Land Office Subrecipient: City of Flatonia Contract Number: 22-119-001-D359 Thei individuals below are designated by resolution as authorized signatories for contractual documents. At least two signatories required. Dennis Geesaman Name Mayor Title Signature Sonia Bishop Name City Manager Title Signature Catherine Steinhauser Name Mayor Pro-Tem Title Signature Name Title Signature The financial lending institution listed here will serve as the depository fort the Texas General Land Office-Disaster Recovery Program Community Development Block Grant (CDBG)funds: Name of! Lending Institution Address Fund Account Number City, State, Zip Code The individuals below are designated by resolution as authorized signatories for financial documents. At least twos signatories required. Dennis Geesaman Name Mayor Title Signature Catherine Steinhauser Name Mayor Pro-Tem Title Signature COMMUNITY DEVELOPMENT & REVITALIZATION TheTexas General Land. Office. DepostoryAuthortized Signatories Designation Form Sonia Bishop Name City Manager Title Signature Name Title Signature NOTE: A copy of al Resolution passed by the city council or county commissloner's court authorizing the signatories must be submitted along with this form. Disclaimer: The Texas General Land Office has made every effort to ensure the information contained on this formi is accurate andi in compliance with the most up-to-date CDBG-DR and/or CDBG-MIT! federal rules andi regulations, as applicable. Its should! be notedt that the Texas General Land Office assumes nol liability or responsibility, for anye error or omission ont this form that may result from the interim period between thep publication ofo amended and/or revised federal rules and regulations and the Texas General Land Office'sstondard review andi update schedule. CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA6.2.2022.3 Consider and take appropriate action on Reaffirming the Proclamation declaring April 2022 as the City of Flatonia - Fair Housing Month; Mayor to Sign Proclamation." Summary: Reaffirm the Proclamation declaring April 2022 as the City of Flatonia - Fair Housing Month; Mayor to Sign Proclamation." Option(s): Imove to make the motion to approve the Reaffirming of the Proclamation declaring April 2022 as the City of Flatonia -) Fair Housing Month; Mayor to Sign J If you are opposed to not 2nd or make any motion. If a motion is not made, the Proclamation." itemi is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked toi take action ona request and wishes to create a record as to why the denial is justified. Reaffirm -Fair Housing Month Proclamation Proclamation of April as Fair Housing Month WHEREAS Title VII of the Civil Rights Act of 1968, as amended, prohibits discrimination in housing and declares it a national policy to provide, within constitutional WHEREAS The principle of Fair Housing is not only national law and national policy, but ai jundamental human concept and entitlement for all Americans; and WHEREAS The National Fair Housing Law, during the month of April, provides an opportunity for all Americans to recognize that complete success in the goal of equal housing opportunity can only be accomplished with the help and cooperation of all NOW, THEREFORE, WE, the City Council of Flatonia, do proclaim April 2022 as Fair Housing Month in the City of Flatonia and do hereby urge all the citizens of this locality IN WITNESS WHEREOF we have affixed our signatures and seal on this the 21st day limits, for fair housing ini the United States; and Americans. to become aware of and support the Fair Housing law. of. June 2022. Title: City of Flatonia = Mayor Witness: Title: City of Flatonia - City Secretary 09/01/2019 CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA6.2.2022.4 Consider and take action to approve Amendment #1 for the Grant Administration Services contract for the 2020 Community Development Block Grant Mitigation Supplemental (CDBG-MIT Supplemental) Program Contract Number# #22-119-001-D359. Summary: Amendment #1 for the Grant Administration Services contract for the 2020 Community Development Block Grant Mitigation Supplemental (CDBG-MIT Supplemental), Program Contract Number 22-119-001-D359. Option(s): D Imove to make the motion to approve the Amendment #1 for the Grant Administration Services contract for the 2020 Community Development Block Grant- - Mitigation Supplemental (CDBG-MIT Supplemental) Program Contract If you are opposed to not 2nd or make any motion. If a motion is not made, the Number #22-119-001-D359. item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. AMENDMENT NO.1 City Grant Engineering Services Contract Asp pre-procurement required the City to contractually enter into an agreement prior tot the establishment of the project; the contract agreement was based on a percentage (%) figure. Federal Regulations require that with funding; the Grant Engineering Services Contract must be amended toi include a dollar figure. The contract amounts are as follows: Contract Amount for Non-Housing Project (nfrastructure): $35,146.50 Contract #: 22-119-001-D359 Contract Billing Milestones: Action: Commencement of Engineering Phase Deliverable: Executed engineering service provider contract inj pdfprovided during start-up phase as applicable. Action: Completion of Design Phase Deliverable: Complete signed and sealed 100% construction plans inj pdf*. Action: Commencement of Bid] Phase Action: Commencement of Construction Phase Deliverable: Signed Notice tol Proceed (NTP)* Action: Completion of Construction Phase Deliverable: Signed and sealed complete as-built plans in pdf, executed COCC accepted by GLO. 0-30% 30.01-60% 60.01-70% 70.01-85% 85.01%-100% Dennis Geesaman City of Flatonia Mayor Date: Bradley C. Loehr-1 Vice President BEFCO Engineering, Inc. CITY OF FLATONIA Agenda Summary Form Agenda # Titler DA6.2.2022.5 Consider and take action to approve Amendment #1 for the Grant Administration Services contract for the 2020 Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) )Program Contract Numbert #22-119-001-D359 Summary: Amendment #1 for the Grant Administration Services contract for the 2020 Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program Contract Number #22-119-001-D359 Option(s): Imove to make the motion to approve the Amendment #1 for the Grant Administration Services contract for the 2020 Community Development Block Grant-1 Mitigation Supplemental (CDBG-MIT Supplemental) Program Contract Ify you are opposed to not 2nd or make any motion. If a motion is not made, the Number #22-119-001-D359 item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. AMENDMENT NO.1 City Grant Administration & Environmental Services Contract As pre-procurement required the City to contractually enteri into an agreement prior to the establishment of the project; the contract agreement was based on a percentage (%)f figure. Federal Regulations require that with funding; the Grant Administration & Environmental Services Contract must be amended toi include a dollar figure. The contract amounts are as follows: Contract Amount for Non-Housing Project (Infrastructure): $21,556.52 Contract #; 22-119-001-D359 Bryan Milson City of Flatonia - Mayor Date: Langford Community Management Services 256 CITY OF FLATONIA Agenda Summary Form Agendz # Title: DA6.2.2022.6 Consider and take appropriate action on adopting Local Procurement, Policies & Procedures Addendum pertaining to the GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, infrastructure Contract Number #22-119- 001-D359 Summary: Adopt the Local Procurement Policies & Procedures Addendum pertaining to the GLO Community Development Block Grant = Mitigation Supplemental (CDBG-MIT Supplemental) Program, Infrastructure Contract Number #22-119-001-D359 Option(s): Imove to make the motion to approve the adoption of the Local Procurement Policies & Procedures Addendum pertaining to the GLOCommunity Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, Infrastructure Contract Number #22-119-001-D359 Ify you are opposed to not 2nd or make any motion. Ifa motion is not made, the item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. AMENDMENT NO.1 City of Flatonia Statement of Financial Goals and Policies 4.4.4 Minimizing the Time Between Draw and Disbursement: As statedi in the Texas General Land Office's Revised Implementation Manual (Updated: November 2021)the City will have 3business days for disbursement of funding from the date ofreceipt/depositof funds, without specific, documented reasons for such a delayi in infrequent circumstances. Subrecipients must maintain written procedures for minimizing this time period. 4.4.41 Minimizing thel Time Between Drawa and Disbursement Subrecipients may submit a draw request for eligible costs as often asi is actually needed, subjectt tol limitations int their Subrecipient Agreement and atl least quarlerly throughout the lifed oft their Subrecipient Agreement. Subrecipients shoulds submit costs lol lhe GLO for draw within 600 dayso ofr receipt ofi invoices ton minimize the volume ofi individual draws that the GLO Subrecipients must submil final reimbursement requests to the GLOr nol later than 60 days after the Subrecipient Agreement expiresari ist terminated." The GLO, init its sole discretion, may denyp payment: ando de obligater remainingf fundst from thes Subrecipient Agreemente 60d daysa after Pursuant to24CFR570.4 489(c),2 20 CFR2 200.305(b), and3 31 CFR: 205, subrecipients utilizingt the casha advance methodmust minimizethet timee elapsing! betweent thet transfero off funds! from the GLO and thed disbursement! by thes subrecipient for eligible costs. Thisp periodmust note exceed 3 business days from the date of receipt/deposit of funds, without specific, documented must reviewa anda approve. expiration ort termination. reasons for such a delay in very infrequent circumstances. Subrecipients must maintain writtenp procedures forn minimizingt thist timep period. Date: Dennis Geesaman City of Flatonia, Mayor CITY OF FLATONIA Agenda Summary Form Agenda # Titlerie DA6.2.2022.7 Consider and take appropriate action to adopt the Statement of Financial Goals and Policies Amendment #1 pertaining to the GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, Infrastructure Contract Number #22-119-001-D359." Summary: Adopt the Statement of Financial Goals and Policies Amendment #1 pertaining to the GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental): Program, Infrastructure Contract Number #22-119-001-D359." Option(s): Imove to make the motion to approve the adoption oft the Statement of Financial Goals and Policies Amendment #1 pertaining to the GLO Community Development Block Grant - Mitigation Supplemental (CDBG-MIT Supplemental) Program, Infrastructure Contract Number #22-119-00I-D359." Ify you are opposed to not 2nd or make any motion. If a motion is not made, the item is dead. Kocian: Eversole: Sears: Mayor Geesaman Seale: Mayor Pro Tem Steinhauser: "Negative" motions are generally not permitted. To dispose ofa a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked tot take action on a request and wishes to create a record as to why the denial is justified. ADDENDUM NO. 1 TO FLATONIA PURCHASING POLICY CITY FEDERAL PROGRAMS POLICY City of Flatonia Purchasing Policy The City of Flatonia follows State of Texas Federal 2 CFR 200.318- -2 200.327 and Appendix II to Part 200 procurement law and guidance in the purchasing and contract management of goods and services. Dennis Geesaman City Mayor Date: @EMF STATE OF TEXAS For Comptroller's Use Only Direct Deposit Authorization This form may be used by vendors, individual recipients or state employees to receive payments from the state of Texas by direct deposit ort to change/cancel existing direct deposit information. Transaction Types 1. Select transaction! types: New setup (Sections 2, 3,5end6 6) Change financiali institution (Sections 2,3,4 4,5and 6) Change account number (Sections 2,3,4,5and6 6) Change account type (Sections 2, 3,4,5and6 6) Cancellation (Sections 26 and6-s Sections 7and8 8fors state agency use) Change custodial agency Social Security number (SSN)* Payee Identification 2 Payeet type State employee 5.Payee name 3. ldentificalionnumber 4.Mallo code (lnotk known, leave blank) Texas Identification Number (TIN) Individual Taxpayer Identification Number (ITIN) Vendor or otherr recipient ZEmployer Identification Number (EIN) 74:1D:D:D.1i2 6.Phone (Area code andr number) ( 361 )8 865-3548 ext. TX City of Flatonia 7.Mailinga address (Sirvel, city, stete andz ZIPcode) 125 East South Main Street Flatonia 9.Cily 78941 10. State 13.A Account type Checking Savings New Account information (Setups and Changes) (Completion. by financial institution is recommended) 8. Financiali institution name 11. Routingn number (9digits) 14. Financlalr representative name (optional) 16.F Financial representative signature (oplional) 19. Routingn number (90 digits) 12. Customer accountr number (maximum 170 characters) 15.1 Tide (optional) 17. Phone (Arsad code andi number) (optional) 18.0 Date (optional) ext. Existing Account Information (Changes Only) International Payments Verification (required) 20.0 Customer account number (maximum 17c characters) 21.A Account lype Checking Savings YES E/NO 22. Will these payments bef forwarded to at financial institution outside the United States?.. I"YES," "also complete the ACH (Direct Deposit) Payment Destination Confirmation (Form 74-227). Authorization for Setup, Changes or Cancellation (required) lauthorize the Texas Comptroller of Public Accounts toe electronically deposit my payments from the state of7 Texas tor my financial institution. Ifurther understand that the Texas Comptroller of Public/ Accounts will comply at allt times with the National Automated Clearing House Association's 6 lunderstand that the Texas Comptroller of Public Accounts willr reverse any payments madet tor my account ine error. rules. (For further information ont these rules, please contact your financial institution.) signy 23. Authorized signature herel 26. Reason 24.F Printed name 25. Date Sonia Bishop Cancellation by Agency (for state agency use) State Agency Contact (for state agency use) sign, 28.A Authorized signalure here! 8 30. Phone (Area code and number) 3 ( 32.A Agency name 33. Commenis 27.Date 29. Date 31.A Agencyr number Please return to the paying agency at the following address: ext. Seef Federal PrivacyA Act Statement onp page 2. Form 74-176 Back/Rev.s-1720) Instructions for Direct Deposit Authorization Youl have certaln rights under Chapters 552 and 559, Govemment Code, tor review, request and correct information we have on file. rAngasisomaten farreview ort to requeste error correction, use the contact information on- this-fomm. Section 1: Transaction Type(s) 1.Select the appropriate transaction type(s) and complete the corresponding sections. 2. Payee type: Indicate whether the payeei is a state employee ora a vendorireciplent. Note: Requests to change custodial agency number are processed. based on Payment Services research and guidelines. Note: Agencies musto complete box 341 witht the appropriate agency's retum address for the selected payee type. 3. Identification number: Indicate thet type ofi identification number and provide the associated 9-or 11-digit number. Section 2: Payee Identification (Required) 4. Mall code: Enter the: 3-digit mail code. 5. Payee name: Enter the payee's name. 6. Phone: Entert the payee's area code, phone number (ande extension, ifa applicable). 7.Mailing address: Entert the payee's mailing address, city, state and ZIP code. 8.F Financlal Institution name: Enter the name oft the payee's financial institution. 10. State: Entert the 2-character abbreviation for state oft the payee's financial institution. 11. Routing number: Entert the! 9-digit routing number oft the payee's financial institution. 12. Customer account number: Entert the payee's account number (maximum 17 characters). 13. Type of account: Indicate whether the payee's accountt typei is a checking account or a savings account. 14. Financial representative name: (optional) Entert the name oft thet financial representative. 15. Title: (optional) Enter the title oft thet financial institution representative. 16. Financial representative signature: (optional) Original signature oft the financial representative. 17. Phone: (optional) Enter the area code, phone number (and extension, lifapplicable) of the financial representative. 18. Date: (optional) Enter the date thef financial representative signed the form. Section 4: Existing Account Information (Changes only) Section 3: New Account Information (Setups and changes) (Completion by financial institution is recommended) 9. City: Enter the city oft the payee's financiali institution. 19. Routing number: Enter the 9-digit routing number currently oni file with the Comptroller's office. 20. Customer: account number: Enter the payee's account number currently ont file with the Comptroller'sofice. 21. Account type: Select the payee's account type currently oni file with the Comptroller's office. Section 5: International Payments Verification (Required) 22. Payment Destination: Select YES or NO toi indicate ifs state payments willl be forwarded to af financial institution outside the U.S. Note:IfYES, the payee must also complete the ACH (Direct Deposit) Payment Destination Confirmation (Form 74-227). Section 6: Authorization for Setup, Changes or Cancellation (Required) 23. Authorized signature: Original signature oft the payeei is required. 24. Printed name: Enter orp print ther name oft the payee or vendor/recipient signingt thet form. 25. Date: Enter or print the date the form was signed. Section 7: Cancellation by Agency (for state agency use) 26. Reason: Enter the reason for cancellation oft the payee's direct deposit information. 27. Date: Enter the date the cancellation was determined. Section 8: State Agency Contact (for state agency use) 29. Date: Entert the date the agency'sr representative signedt the form. 31. Agency number: Enter the 3-digit agency number. 32. Agency name: Entert the agency's name. 33. Comments: (optional) Enter comments, ifneeded. which this form will ber retumed. Questions? 28. Authorized signature: Original signature oft the agency's authorized representative is required. 30. Phone: Entert the area code, phone number ande extension (ifa applicable) of the agency's representative. 34. Return to Paylng State Agency: This area autopopulates with the name and address of the paying state agency to State Employees: Contacty youra agency's Human Resource department orp payroll staf. Vendors/Reciplents: Contact thep paying agency's accounts payables staff. State Agencles: Contact Fiscal Management, Payment Services at512-936-8138. "Federal PrivacyA Act Statement: Disclosure ofj your Social Security numberis required anda authorized under lawf for thep purpose oftaxa administration andi identification of individual applicable law, 420 USC $4 405(c)(2)C/) and Tex. Govt Code $5 403.011. 403.015, 403.0 055, 403.0 056 and 403.078. The Public Information Act, Tex. Govt Code Ch. 522, anda anyi appliçable affected federal law by shallg govem release ofinformation on this formi in response! toap publici information request 3 dE AP-152 (Rev.1-15/16) See instructions on back For Comptroller's usec only Application for Texas dentification Number 1: tst thisa a newa account? DYES Mail Code 000 E3 NO Ehter Mail Code Complete Sections 1,2&5 Agency number Complete Sections 1-5 2. Texas dentification Number (TIN)- Indicate the type of number you arep providing tol be used for your TIN Employer Identification Number (EIN) (90 digits) Social Security number (SSN) (9 digits) Individual Taxpayer Identification Number (ITIN) (9digits) Comptroller's assigned number (FOR STATE AGENCYUSE ONLY) (110 digits) Current Texas Identification Number (FOR STATE AGENCY USE ONLY) (11digits) 3. Are you currently reporting any Texas tax to the Comptroller's office such ass sales tax or franchise tax? Payee Information (Please type or print) 4. Name ofp payee (Individual ort business tol be paid) City of Flatonia 5. Mailinga address where you want lon receive payments 125 East South Main Street 6. (Optional) 7. (Oplional) 8. (Optiona!) 9. Cily Flatonia 10. Payee telephone number Enter the number indicated 14,60,00642 IF"YES," enter Texas OYES ONO Taxpayer Number State ZIPcode T,X, 16,04.1-0.0.0.0, SIC Security type code L(0,1,2) code Zone (Aread code andi number) 3,6,1, 8.6.5,.3.5.4.0 code 11. Ownership Codes Check only one code by the appropriate ownership type thata applies to youd or your business. Di- individual Recipient (not owning a business) Os- Sole Ownership (Individual owning a business): Ifo checked, entert the owner's name and Social Security number (SSN) L- Texas Limited Partnership: Ifo checked, enter the Texas File Number T- Texas Corporation: fchecked, enter the Texas File Number - Professional Association: Ifchecked, enter the Texas Filel Number Ifchecked, enter the Texas Filel Number O- Out-of-State Corporation - G- Governmental Entity J U- State agency/Universily J F- Financial Institution R-F Foreign (outofU.S.A.) Owner'sname SSN/ITIN (9d digits) P-F Partnership: If checked, entert two partner's names and the corporation's Employer Identification Number (EIN). Social Security numbers (SSN). Ifap partneri isad corporation, use C- Professional Corporation: Name SSN/ITIN/EIN (9digits) Name SSN/ITIN/EIN (9digits) N- Other: If checked, explain. Assignee name Assignee TIN 13. Comments sign, 14. here! Agencyr name 15. 12. PaymentAssignmen!? JYES NO Note: A copy oft the assignment agreement belween payees must be attached. Assignment date Authorizeds signalure (Applicant or authorized agent) Date Preparedby Phone (Area code andi number) 361-865-3548 City of Flatonia Sonia Bishop Application for Texas Identification Number GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS Fiscal Management Austin, TX 78774-0100 Who Must Submit This Application- This application must be: submitted by every person (sole owner, individual recipient, partnership, corporation or other organization) who intends to bill agencies of the state government for goods, services provided, refunds, public assistance, etc. Thel Texas Identification Number (TIN) will be required on all maintenance submitted by state agencies. The use oft this number on all billings will reduce the time Note: To expedite processing oft this application, please return the completed application to the state agency with which you are conducting business. Itis not necessary for the payee to sign or complete this form. The state agency representative may Fora assistancel in completing this application, please call the Texas Comptroller's office at1-800-531-5441, ext. 6-8138, or5 512-936-8138. When this form is used to set up additional mail codes, Sections 1,2and5 5n must be completed. State agencies may refer to the Texas dentification Number System (TINS) Guide at ps/macpasiae.kusimapupslastingade for additional information. Dor not use dashes whene entering! Social Security, Employer Identification, Individual Taxpayer identification or Comptroller's assigned numbers. Disclosure ofy your Social Security number is required. This disclosure requirement has been adopted under the Federal Privacy Acto of 1974 (5U.S.C.A. sec. 552a(note)West 1977), the Tax Reform Acto of1 1976(42U.S.C.A.: sec. 405(c)(2)(C) (West 1992), TEX. GOVT.CODE ANN. sec. 403.055 (Vemon 2005) and' TEX. GOVT. CODE ANN. sec. 403.056 (Vernon 2005). Your Social Security number will be used to required top process billings tot the State ofl Texas. complete the form for the) payee. For Assistance- Notice to State Agencies- General Instructions help the1 Texas Comptroller of PublicA Accounts administer thes state's tax laws and for other purposes. See Op Tex. Att'y Gen. No. H-1255(1978). Section 1- Texas Identification Number Specific Instructions EIN: For all ownership codes other than Individual Recipient listed in Section 3, entera a 9-digit Employer Identification Number (EIN) SSN: For Individual Recipient or Sole Owner without an EIN, enter) your 9-digit Social Security number (SSN) issued by the Social ITIN: For Individual Recipient or Sole Owner without an! EIN, enter your 9-digit Individual Taxpayer identification Number (ITIN) issued Comptroller. Assigned Number - 11 digits: FOR STATE AGENCY USE ONLY.AC Comptroller. Assigned Number is anl IDr number thatis given toa as state agency that needs top pay eithera a foreign entity ora af foreign individual who does not! have an EIN, SSN or (TIN. Arey you currently reporting any Texas tax to the Comptroller's office such as sales tax or franchise tax?1 If"YES," enter Texas Taxpayer Items 41 through 8- Enter the complete name and mailinga address wherey youv want payments tol ber received. Names ofi individuals must be entered firstr name first. Eachl line cannot exceed 50 characters including spaces. Ift ther namei is more than 50 characters, issued by the Internal Revenue Service. Security Administration. by the IRS. Current" Texas Identification! Number- - 11 digits: FOR: STATE AGENCYUSE ONLY. Number. Section 2- Payee Information continue the namei inl Item 5a and begin the address in Item 6. Item 9- Entert the city, state and ZIP code. Item 10- Enter payeet telephone number. Section 3- Ownership Codes Section 4. Payment Assignment Section 5. Comments and Identifiçation SIC code, Security type code and Zone code: FOR: STATE AGENCYUSE ONLY. Item 11- Check thet box next tot the appropriate ownership code and enter additional information as requested. Please check only one box int this section. The Secretary of State's office may be contacted at5 512-463-5555 fori informationr regarding Texas file numbers. Item 12-Usey whend one payeei isa assigning payment to another payee. When setting up ana assignment payment, fill outt this section completely andi include a copy oft the assignment agreement between the assignee andt the assignor. Item 13- Enter any additional information thatr may! bel helpfuli in processing this application. Items 14 and 15 are for identification purposes. Always complete the identification. section, including comments anda authorized signature. Under Ch. 559, Government Code, youa aree entitled! tor review, request and correcti information wel have onf flea about you, with limitede exceptions ina accordance with Ch. 552, Government Code. Torequest information for review ort to requeste error correction, contact us att the address orA phone numbers listed on this form. Form/ AP-152( (Back/Rev1 1-15/16) INITIAL REAL PROPERTY ACQUISITION ESTIMATE The Texas General LandOffice Community Development: &F Revitalization 1.G GENERAL INFORMATION Subrecipient: City of Flatonia Contract #: 22-119-001-D359 > Complete only section 4 below. Isr real property acquisition required for this contract?(yes/No) No 2. ACQUISITION ACTIVITIES List all activities requiring acquisition and provide al brief narrative with the description /details of each. Activity Description/Detalis (e.g., Sewer line easements, water well site, streetn rightofway, etc.) 1b- Sewer Facilities 3-0 Other Public Ubilities (Gas) 5-F Flood and Drainage (F&D) Facilities 1b- Sewer Facilities < Checki if condemnation willl be pursued for any of the above actvieNGLO-CDR Notification Date: Ifa acquisition activity(ies) have occurred, provide the date oft the Last/Final AcquistionActvlty 0 < Checki ifv Voluntary Acquisition applies /involvedi fora any oft the above activities < Checki ifs Subrecipient has eminent domain authority 3. ACQUISITION ESTIMATE INFORMATION Total Dollar Amount Paid Acquisition Type Involuntary Acquisition Involuntary Acquisition (by donation) Voluntary Acquisition (not by donation) Voluntary Acquisition (by donation) Acquisitioni through another Public Entity* #of Parcels TXGLO-CDR Funds Other Funds TOTALS: 4. PREPARER SIGNATURE & INFORMATION Dennis Geesaman Mayor Printed Name Title/ /Position Date Signed X Preparer Signature 6/21/2022 361-865-3548 Phone Number COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office Appointment ofLabor Standards Officer Subrecipient: Labor Standards Officer: City of Flatonia Bryan Milson Name ofM Mayor/County Judge Contract Number: hereby appoint 22-119-001-D359 Kelley Bauer Name of Designated Officer as the Labor Standards Officer for the aforementioned contract. The appointed Labor Standards Officer is assignedt to oversee the labor portion oft the contract and will be responsible for assuring compliance with all requirements under Titlel of the Housing and Community Development Acto of 1974 which requires the payment of Davis- Bacon Act prevailing wage rates (which are determined by the DOL) toa all workers on GLO-CDR construction projects exceeding $2.000(42USCa $5310) and all other governing regulations. The appointed Labor Standards Officer's contact information is: 9017 West State Highway 29, Suite 206, Liberty Hill, Texas 78642 Address, City, State, and Zip Code 512-452-0432 Phone Number Signature bfLabor Standards Officer Kelleyelcmsinc.com Email tlanaa Date HoL4 BM01 Appointed Alternate Labor Standards Officer for the aforementioned contract. Note that an Aiternate Labor Standards Officer is optional, but recommended. The appointed Alternate Labor Standards Officer is: Justin Meyer Name of Designated Alternate Officer Address, City, State, and Zip Code justin@lemsinc.com 9017 West State Highway 29, Suite 206, Liberty Hill, Texas 78642 512-452-0432 Phone Number umnllyor Signatue of Alternate Labor Sandards Officer Email 06/0672050 Date 6/14/2022 Mayor Title: (Mayor/County Judge) Signature of Elected Official Date Disclaimer: The Texas General Land Office has made every effort to ensure the information contained on this formi is accurote andi in compliance with the most up-to-date CDBG-DR and/or CDBG-MIT federolr rules and regulations, as opplicoble. Its should be noted that the Texas Generallond Office assumes nok liability or responsibility) for any error ord omission on this form that moy result! fromt thei interim period between the publication of amended and/orn revisedf federalr rules ond regulotions and the Texas Generall Land Office's standord review and updates schedule. Effective June 2020 Page 1of1 COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office Appointment of Section 30 Coordinator Economic Opportunities for Low and Very Low-Income Persons Subrecipient: City of Flatonia Contract Number: Contract. Award Date: 22-119-001-D359 5/29/2022 Section 3 Coordinator Information Appointed Section 30 Coordinator: Dennis Geesaman (Printed Name) Iwill serve as the Section 3 Coordinator for the aforementioned contract. lunderstand Section 3 oft the Housing and Urban Development: Act of 1968, as amended (12 U.S.C.1 1701 u) andi the GLO-CDR Section 3 Policy. My contacti information is as follows: Address:125 East South Main Street City:Flatonia State: Texas Zip: Date: 78941 Phone Number: (361)865-3548 E-mail Address: mayor@ @cl.flatonia.t.us Section 3 Coordinator Signature: Authorized Subrecipient Representative: Authorized Subrecipient Representative: Dennis Geesaman (Print Name) (Signature) Date: Disclaimer: The Texas General Land Office has made everye effort to ensure thei information contained ont this formi is accurate andi inc compliance with the most up-t to- dote CDBG- DR and/or CDBG-MITI federal rules and regulations, as applicable. Its should ber noted that the Texas General Land Office assumes nok liability or responsibility, for any error ord omission on this) form that may result fromt thei interimp period between the publication ofamendedo and/or revised federal rules and regulations and the Texas Generall Land Office'ss standard review and update schedule. Effective. September 2020 Page 1of1 COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office Appointment of Civil Rights Officer Subrecipient: City of Flatonia Contract Number: 22-419-001-D359 125 East South Main Street, Flatonia, Texas 78941 Address, City, State, and Zip Code (361)8 865-3 3548 Phone Number myor@cifatoniikus Email Address Civil Rights Officer: , Dennis Geesaman Printed Name of Elected Official as the Civil Rights Officer for dol hereby appoint Dennis Geesaman Printed Name of Designated Civil Rights Officer For the City ofl Flatonia The appointed Civit Rights Officer shall be responsible for the oversight of and compliance with civil rights laws Includingt fair housing, equal opportunity, and Section 504 as required byt thel Texas General Land Office (GLO)contracti identified above. The Civil Rights Officer is responsible for maintaining familiarity with anda adhering to allo civil rights laws andi regulations pertainingt tot the U.S. Department of Housing and Urban Development (HUD) CDBG-DR: and GLO program funding. Thea appointed Civil Rights Officer's contact information is: (361) 865-3548 Phone Number mayor@clfaioniaixis Email Address acknowledge the appointment and duties of Civil Rights Officer. Signature of Civil Rights Officer Date Appointed Alternate Civil Rights Officer for the aforementioned contract. Note that an Alternate Civil Rights Officer is optional, but recommended. The appointed Alternate Civil Rights Officer is: N/A Name of Designated Alternate Officer N/A Phone Number N/A Email Address lacknowledge the appointment and duties of Civil Rights Officer. Signature of Alternate Civil Rights Officer Signature of Elected Official Date Mayor Title: (Mayor/C County. Judge) Date Disclaimer: The Texas General Land Office has made every effort to ensure thei information contained on this formi is accurate and in compliance with the most up-to-date CDBG-DR and/or CDBG-MIT! federal rules and regulations, as applicable. Its should be noted that the Texas General Land Office assumes nol liability or responsibility) for any error or omission ont this form that may result from the interim period between the publication ofa amended and/or revised federal rules and regulations and the Texas General Land Office'ss standard Effective September: 2020 Page 1 of 1 A TXGLO EVE PUBLIC SERVICE ANNOUNCEMENT City of Flatonia has received a Community Development Block Grant -Mitigation Supplemental (CDBG-MIT SUP) contract under the Texas General Land Office (GLO). The City will comply with the Civil Rights requirements of Title loft the Housing and Community Development. Act and the Fair Housing Law ande ensure thate equal opportunities are afforded to all persons andt that no person shall be excluded or denied program benefits on the basis ofr race, color, religion, sex, disability, familial status, and national origin. City of Flatonia has established policies, plans and resolutions fort thet following: Equal Opportunity Section 504 Non-Discrimination Provisions Section 3 Policy Fair Housing Affirmative Action- Excessive Force Policy" Citizen Participation Plan PUBLIC SERVICE ANNOUNCEMENT:FAIR HOUSING, IT'S THE LAW To promote fair housing practices, City of Flatonia encourages potential homeowners and renters tol be aware of their rights under the National Fair Housing Law. Title Vill oft the Civil Rights Act of 1968, as amended, prohibits discrimination against any person on thel basis ofr race, color, religion, sex, disability, familial status or national origini int the sale or rental of units int the housing market. For more information on fair housing or to report possible fair housing discrimination, call the Texas Workforce Commission at (888) 452-4778 or (512) POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY City of Flatonia does not discriminate on the basis of disability int the admission or access to, or treatment or employmenti in, its federally assisted programs or activities. Bryan Milson, Mayor of the City of Flatonia, has been designated to coordinate compliance with the nondiscrimination requirements containedi in the Department of Housing and Urban Development (HUD) regulations implementing Section 504 (24 CFRI Part 8. Date. June, 1988). CITIZEN PARTICIPATION & GRIEVANCE PROCEDURES NOTICE FOR THE GLO COMMUNITY DEVELOPMENT BLOCK GRANT-MITIGATION SUPPLEMENTAL City of Flatonia has adopted complaint and grievance procedures regardingi its Community Development Block Grant Mitigation Supplemental (CDBG-MIT SUP) Program. Citizens may obtain a Copy of these written procedures from the Mayor, Bryan Milson at the City of Flatonia City! Hall located at 125 East South Main Street, Flatonia, Texas 78941, or by calling (361) 865-3548, during regular business hours. These procedures outline the steps for a citizen to followi if he/she wishes toi file a complaint or grievance about GLO CDBG-MIT SUP activities. Aperson who has a complaint or grievance about any services or activities with respect to the GLO CDBG-MIT SUP project may, during regular business hours, submit such complaint or grievance, in writing to Bryan Milson at the City of Flatonia City Hall located at 125 East South Main Street, Flatonia, Texas 78941, or by calling (361) 865-3548. City of Flatonia will make every effort to respond fully to such complaints or grievances within fifteen (15) working days where practicable after receipt of the original complaint or grievance. EQUALI HOUSING OPPORTUNITY 463-2642 TTY:512-371-7473. PROGRAM COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office AfidavitofPosting a Public Notice x40 Subrecipient: City of Flatonia Dennis Geesaman Printed Name ofl Elected Official ofthe Cityof Flatonia Printed City/County! Name dol hereby certify that a Community Development Block Grant- Mitigation Supplemental (CDBG-MIT SUP) civil rights notice was conspicuously posted at 3. ***3rdl LOCATION** I. City ofl Flatonia Cityl Hall (125 East South Main Street, Flatonia, Texas 78941 2. City ofl Flatonia - Website PppeRNS notices) CTDR inar manner plainly visible to the general public beginning on Date Date (Date range. should include the minimum number ofo days following the orginal posting at least one day prior to signing ofu this Pursuant tot the' Texas General Land Office Community Development and Revitalization's Citizen) Participation Requirements defined in the application guide, the physical location of the notice is as follows: (EXAMPLE: City Hail at 2001 East Main! Street, City, Zip in the lower left corner of east window on the front of the building. or- County Courthouse at 2001 East Main Street, affidavit). City, Zip posted in the center ofall entrance doors.) Attach aj photograph oft the application as posted on the premises ifavailable. Mayor Title (Mayor/County. Judge) Signature of Elected Official Date Effective October 2018 The Texas Workforce Commission ("TWC") is the entity responsible for enforcing the Fair Housing Act in the State of Texas. You have one year after an alleged violation to file a to Atps/m.tdhasiateng.complan-rowr-tonm to file a complaint. complaint, but you should file ita as soona as possible. Go COMMUNITY DEVELOPMENT &F REVITALIZATION) The Texas Generall Land Office! Special Conditions Checklist Subrecipient Name Reviseds Submissionc of Checkist? Ov ONo City ofF Flatonla Contract Number Program 22-119-001-D359 CDBG-MIT HUDActivityT Type nsbuctioniaconsvetion: ofw waterisewer lines ors syster Project Tille Sewer Facilitles lfapplicablet toaf Projecto orA Aclivity, Subrecipient mustb beinc compliance witht thef following Special Conditions anda any others State, Federal, ork loçal laws. rules, andn regulations as may! be raferenced above. ASpecial Conditions Checkiist should! bes submitted for sachp prolect referencedi int the GLO-CDR application.1 Thea appropriatel HUDA Activity Type canbef foundo appliest ontheA tothep Attachment projectt title Aot applicable, throughoul thet termo ofthe Contract. priort lot then release ofa anys grant funds fort theProjectso or Activities anticipated. Plasser review thet following Speciat Conditions ast foundk int theA Attachment Eofthes Contract. Indicateil thec conditiona appliest tothee entired contract, orifita Applies to Entire Applies toP Project Anticipated1 Timeline to Accomplish thes Subreciplent Contract. Contract? Yes Yes Yes Yes Yes Yes Yes N/A NA NA N/A N/A NA NA NA NA NA Special Conditions AREIMBURSEMENT, GENERALLY B.NATIONAL FLOODINSURANCE PROGRAMO COMPLIANCE C.PROJECTI MAPPINGDESIGNI INFORMATION D.WATERSYSTEMIMPROVEMENTS E.SEWERS SYSTEM! MPROVEMENTS FWASTEWATER1 TREATMENT CONSTRUCTION G.ON-SITES SEWAGE FACILITIES (0SSP)MPROVEMENTS H.BUILDING CONSTRUCTION J.DISASTERS SHELTERS K.DEBRIS REMOVAL L.USE OFE BONDS M.PROGRAM GUIDELINES N.AFFORDABILI TYPERIODSI FORS SINGLE E-FAMILY HOUSING REHABILITATION. RECONSTRUCTION. ORI NEW CONSTRUCTION O.UNSECURED FORGIVABLE PROMISSORY NOTE (NOTE) PRENTALHOUSINGI REHABILITATION, RECONSTRUCTION, ORN NEW CONSTRUCTION/ ASSISTANCE Q.COASTAL MANAGEMENT Title? the Special Condition Throughout Contract Priorto Construction Construction Completion During Construction During Construction During Construclion During Construction Date Completed IBRIDGE lfyes, pleasei indicate whov wilbe grantingt thep permit, itsp purpose, and sixtartlnss. Pleasal be descriptivet butbrief Isapermiti involvedv with thisp project? Oes ONo whenitw willg granled. Nole:1 Thlab boxa allows Authorized Representative Dennis Geesaman Cityo of Flatonia. Mayor Name Tide Signalure Dale 6/21/2022 Disclaimer: Thel Texas Generallondoficeh hosn made every orttor ensuret thei information contginedont this formise occurotea andin complionces witht themoru up-to-dated CD8G OR and/or CO8GA MIT/ opplicoble. Rshovidben notedthate thet TexesG Generoflondofices asumesnoliobilivye responsibiity foronye errororo omissiono ont thisform thetn moyn reswk from thei interimg periodb berweent thepublcationo ederolrules ofomendedo ondn regulations, and/orr revised as federalruleso andi regulationsa and thel Texosd Generaflondocs: stondordreviewe andu update schedule. Memo M TXGLO COMMUNITYDEVELOPMENT & REVITALIZATION (CDR) Texas Generalland Office GLO-CDR Regulatory Oversight - Revised Policyl Memo on Project Re-evaluations CDBG-DR/CDBG-MITS subrecpent/Responsibe Entities/Certifying Officers Jill Seed, Director, GLO-CDR Regulatory Oversight Heather Lagrone, GLO-CDR: Senior Deputy Director.Ik projectre-evaluations per 24 CFR58.47 Date: To: From: Through: Subject: January7, 2022 Responsibilities of Subrecpent/Responsbe Entities/Certifying Officersregarding This memo is a result of directives given to the Texas General Land Office (GLO) by the U.S. Department of Housing and Urban Development (HUD) on December 16, 2021. The GLO will no longer conduct reviews of subrecipients project re-evaluations, as described below. Subgrantees who receive CDBG-DR/CDBG-MIT funds administered by the TXGLO are considered responsible entities (RES), also referred to as subrecipients, and must complete an environmental review compliant with 24 CFR 58 on all project activities before funds are obligated. Under 24 CFR 58, the environmental review can be completed by the REs staff, program partners, or a hired consultant; however, the RE is ultimately responsible for the content of the Environmental Review Record (ERR) and must make an independent evaluation of the environmental issues, take responsibility for the scope and content of the compliance findings, and make the final environmental decision concerning project approval. The RE is also responsible for ensuring any mitigation measures or conditions for approval are implemented and for maintaining the ERR in accordance with HUD requirements. Each RE must designate a Certifying Officerwho is ultimately responsible for signingoffont the completeness of environmental reviews as described in 24 CFR 58.13. The GLO Regulatory Oversight may provide technical assistance on sections of the subrecipients ERRs; however, GLO is not responsible for any inaccuracies and should the ERR fail to meet federal/state requirements, including applicable Federal Register requirements, the RE is financially responsible for the oversightand: any corrective action required. Completeness of the REs ERR, including mitigation measures and project-specific conditions, will be verified during GLOs in-depth Environmental Monitoring Anytime there is a change in scope of work, the re-evaluation process in 24 CFR 58.47 must be followed prior to any work being initiated or funded. For brevity, a re-evaluation is required when the project footprint or area of potential effect (APE) changes regardless of the amount of linear feet/ area, project activities are added/removed, unexpected conditions arise, or changes are made to the nature, magnitude, ore extent oft the project.Ifthe original findingisassessed as still valid, the ERR would be updated with a memo to the file, which is commonly referred to as a Letter of Re-evaluation or LRE. If the original finding is assessed as no longer valid the RE may have to prepare a new environmental review and proceed with the approval process, which includes but is not limited toa new environmental review, public notices, public comment and objection periods, and Enforcement Program (24 CFR 58.18(a)(2)). and a new Request for Release of Funds (RROF) and AUGF. Memo COMMUNIYDIVAOPMENT & REVITALIZATION (CDR) TXGLO Texas Generalland. Office. IfaRE fails to comply with 24 CFR 58.47, a choice limiting action as described in 24 CFR 58.22(a) may have occurred. Per 24 CFR 58.22(a), neither a recipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance under a program listed in $ 58.1(b) on an activity or project until HUD or the state has approved the recipient's RROF and the related certification from the responsible entity. In addition, until the RROF and environmental certification have been accepted by GLO, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project under a program listed in S 58.1(b) if the activity or project would have According to 24CFR58.72, in cases where the GLOisexercising HUD's responsibilities outlinedi in 24 CFR58.18 and has approved an environmental certification and RROF but subsequently learns that the RE violated 58.22(a) or otherwise failed to comply with any applicable environmental authority, the GLO can impose appropriate remedies and sanctions in accordance with the law and regulations fort the programunderwhich The GLO requests acknowledgment of these requirements by each REs Certifying Officer. Please sign and an adverse environmental impact or limit the choice ofreasonable: alternatives. the violation was found. This may include repayment of federalfunds. submit to the appropriate GLO Grant Manager. GLOContract #: 22-119-001-D359 Responsible Entity Certifying Officername: Dennis Geesaman, City of Flatonia Mayor Responsible Entity Certifying Officer signature and date: Memo COMMUNITY DEVELOPMENT & REVITALIZATION: (CDR) TXGLO Texas Generalland Office GLO-CDR Regulatory Oversight = Revised Policy Memo on Choice Limiting Actions CDBGDN/CD8G.MITS.bvedpentRespomsibie Entities/Certifying Officers Jill Seed, Director, GLO-CDR Regulatory Oversight Heather! Lagrone, GLO-CDR: Senior Deputy Directorli* Date: To: From: Through: Subject: January7,2022 Responsibilities of ubrecpents/Responsibe Entities/Certifying Officers regarding Limitations on Activities Pending Clearance (Choice Limiting Actions) 24 CFR58.22 Subgrantees who receive CDBG-DR/CDBG-MIT funds administered by the TXGLO are considered responsible entities (REs), also referred to as subrecipients, and must complete an environmental review compliant with 24 CFR 58 on all project activities before funds are obligated. Each RE must designate a Certifying Officer whoi is ultimately responsible: for signing offont the completenessofenvironmental reviews as described in 240 CFR 58.13. The RE/Certifying Officer is also responsible for ensuring that the timing of the environmental review process is consistent with the requirements outlined in 24 CFR 58.22 Limitations onA Activities Pending Clearance, commonly referredtoas "choice limiting actions." Choice limiting activities occur in two commonly observed missteps: 1. Prior tot the completion of thee environmentalrevew. and; 2. Aftercompleting the envfonmentairewewand receipt ofthe Authority to Use Grant Funds (AUGF)f the RE fails to adhere to the proectre-evaluation process required by 24 CFR58.47. HUD's regulations at 24 CFR 58.22 prohibit grant recipients and their partners from committing or spending HUD or non-HUD funds on any activity that could have an adverse environmental impact or limit the choice of reasonable alternatives prior to completion of an environmental review once a project has become "federal." This prohibition on choice-limiting actions" prohibits physical activity, including acquisition, rehabilitation, and construction, as well as contracting for or committing to any of these actions. Other regulatory requirements are found in the Council of Environmental Quality regulations (NEPA) at 40 CFR 1502.2(f), which require that agencies not commit resources prejudicing selection of alternatives before making at final decision. Per24.CFR58.10, Part! 58 environmental clearance requires RE's The restriction on undertaking or committing funds for choice-limiting actions does not apply to undertakings or commitments of non-federal funds before a project participant has decided to apply for HUD funding. A! party may begin a project in good faith as a private project and is not precluded from later deciding to apply for federal assistance. However, when the party applies for federalassistance, it will generally need to cease further choice-limiting actions on the project until the environmental review 24 CFR 58.22(a) further expands to state that neither a recipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance under a program listed in 5 58.1(b) on an activity or tocomply withl NEPA. process is complete. project until the GLO has acceptedthe Request for Release of Funds (RROF) and Memo COMMUNITY DEVELOPMENT & REVITALIZATION (CDR) TXGLO. Texas Generalland Office environmental certification from the RE. In addition, until the RROF and environmental certification have been approved, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project under a program listed in 5 58.1(b) if the activity or project would have an adverse Anytime there is a change in the project's scope of work, regardless of magnitude, the re-evaluation process in 24 CFR 58.47 must be followed prior to any work being initiated or funded. If a RE fails too comply with 24 CFR 58.47, a choice limiting action as described in 24 CFR 58.22(a) may! have occurred. For brevity, a re-evaluation is required when the project footprint or area of potential effect (APE) changes regardless of the amount of linear feet/area, project activities are added/removed, unexpected conditions arise, or changes are madet to the nature, magnitude, or extent oft the project. Ifthe original finding isassessed as still valid, the environmental review record (ERR) would be updated with a memo to the file, which is commonly referred to as a Letter of Re-evaluation or LRE. If the original finding is assessed as nol longer valid, the RE may have to prepare a new environmental review record and proceed with the approval process, which includes but is not limited to a new environmental review record, public notices, public comment and objectionp periods, and a new Request for Release of Funds/RROF)and AUGF. According to 24 CFR 58.72, in cases where the GuOisexercising HUD's responsibilities outlined in 24 CFR58.18 and has approved an environmental certification and RROF but subsequentlylearns that the RE violated 58.22(a), or otherwise failed to comply with any applicable environmental authority, the GLO can impose appropriate emediesandsanctions in accordance with the! law and regulations forthe program under which the violation was found. This may include repaymentoffederalunds. The GLO requests acknowledgment of these requirements by each REs Certifying Officer. Please sign environmentalimpact orl limit the choice of reasonable alternatives. and submit to the appropriate GLO Grant Manager. GLOContract #:. 22-119-001-D359 Responsible Entity Certifying Officername : Dennis Geesaman, City of Flatonia, Mayor. Responsible Entity Certifying Officer signature and date: Memo COMMUNITY DEVELOPMENT & REVITALIZATION (CDR) TXGLO. Texas Generalland: Qfficer. GLO-CDR Regulatory Oversight-Policy Memo on Revised ERR Review Procedures O86-ON/CD8G.MITSubrepens/Responsibe Entities/Certifying Officers RevisedGLO Environmental. Review Proceduresand HUD 7015.15 RROFa and Date: To: From: Through: Subject: January1 10,2022 Jill Seed, Director, GLO-CDR Regulatory Oversight Heatherlagrone, GLO-CDR: Senior Deputy Director.% Environmental Certification Submissions This memo is a result of directives given to the Texas General Land Office (GLO) by the U.S. Department of Housing and Urban Development (HUD) on December 16, 2021. The GLO will no longer conduct reviews of Subrecipients MOPREeMECORGONCDBGAMtThmddhnstered by the TXGLOare consideredresponsible entities (REs) as definedi in 24 CFR58.2 and must complete an environmental. review compliant with 24 CFR 58 forall GLO contractually approved: activities before federal funds are obligated. Each RE must designatea Certifying Officer who is ultimately responsible for validating the completeness of environmental reviewsa as described in 24 CFR 58.13. In addition, by signing and submitting HUD 7015.15 Request for Release of Funds and Environmental Certification (RROF), the RE's Certifying Officer is providing a legally binding certification that they have fully carried out their responsibilities for ee.AdeaANe and action Effective 12/27/2021, GLO will continue to provide technical assistance, guidance, and training to all subrecipients; however, submitted environmental documents will not be reviewed for compliance. Completeness of the REs ERRS, including mitigation measures and project-specific conditions, will be verified during GLOs in-depth Environmental Monitoring and Enforcement Program (24 CFR58.18). GLO requires subrecipients to upload completed and certified ERRS to the Texas Integrated Grant Reporting (TIGR) system. For projects classified as Categorically Excluded Subject to Section 58.5 (CEST) and Environmental Assessment (EA) per 24 CFR! 58.36, submission of the final ERR and HUD 7015.15 RROF and Environmental Certification is required. Projects classified as Exempt (24 CFR! 58.34), Categorically Excluded Not Subject to the related laws and authorities (CENST) (24 CFR 5835(b)), CEST that converts to Exempt (58.34(a)(12)) or site-specific checklist (SSC), do not require a RROF and Environmental Certification; therefore, the RE is required to obtain necessarysignatures and upload the ERR into TIGR after which funds GLO will process! HUD 7015.15 RROFS and Environmental Certifications for CEST's and EA's ina accordance with The actions which HUD (ora State) may take with respecttoas subrecpentsenwtronmentalicertfcation and (a) In the absence of any receipt of objection to the contrary, except as provided in paragraph (b) of this section, HUD (or the State) will assume the validity of the certification and RROF and will approve these subrecipients environmentalreviewrecords (ERR), as described below. pertaining to the project(s) )named. can beobligated. federal regulation 24 CFR 58.72, as described below: RROF are as follows: Memo COMMUNITYDEVELOPMENT & REVITALIZATION (CDR) TXGLO Texas Gmerlland Office documents afterexpiration of the 15-day period prescribedi by statute. (b)HUD (or the State) may disapprove a certification and RROF ifi it has knowledge that the responsible entity or other participants in the development process have not complied with the items in 5 58.75, or that the (c) in cases in which HUD (ort the State) has approved a certification and RROF but subsequentiyleamsleg. throughm monitoring) that the recipient violated S 58.22 or the recipient or responsible entity otherwisefailed to comply with a clearly applicable environmental authority, HUD (or the state) shall impose appropriate remediesand: sanctions in accord with the law and regulations for theprogram underwhich the violation was Please keepi in mind that the RE is responsible forensuring all projectconditions, best managementpractices (BMPs), and/or mitigation measures are implemented prior to and throughout construction. The RE must maintain documentation of all project conditions, BMPs, and/or mitigation measures in the form of photos, receipts, letters, contracts, and any other evidence that demonstrates compliance. Completenessoft the REs ERR will be verified during GLOs Environmental Monitoring and Enforcement Program (24 CFR 58.18(a) (2)). Thel RE must ensure all ERRS arer maintained and current in TIGR, as envfronmentalmontorng will likely Asareminder, anytime there is a change in scope of work, the project re-evaluation process in 24 CFR58.47 must be followed prior to any work being initiated or funded. Ifa RE fails to comply with 24 CFR58.47, a choice limiting action as described in 24 CFR5 58.22(a) may! have occurred. According to 24 CFR58.72, in cases where the GLO is exercising HUD's responsibilities outlined in 24 CFR58.18 and has approveda certification and RROF but subsequently learns that the RE violated 58.22(a) or otherwise failed to comply with any applicable envronmentalauthorty, the GLO can impose appropriate remediesand sanctions in accordance with the law and regulations for the program under which the violation was found. This may include Please note that these procedures are subject to change, and the RE should always contact the Regulatory Oversightteam at env.reviews@recovery.texas.gov ormemotrecentgudne. The GLO qeitadnoweogment of these process revisions by each REs Certifying Officer. Please sign RROF and certification are naccurate. found. occur after the initiation of projectwork. repayment oft federalfunds. and submit to the appropriate GLO Grant Manager. GLO Contract #: 22-119-001-D359 Responsible Entity Certifying Officername: Dennis Geesaman, City of Flatonia - Mayor Responsible Entity Certifying Officer signature and date: