Office of Rural Affairs

1. Office of Rural Affairs TxCDBG Administrator Certification Workshop 2013

2. Resources CDBG

3. TxCDBG Organization at TDA • State Director Becky Dempsey • Program Implementation – Erica Garza • Program Specialists • Project Delivery – Suzanne Barnard • Contract Specialists • Compliance – Erica Garza • Program Monitors • Trade & Business Development Division • Field Representatives

4. 2013 TxCDBG Contracts • New boilerplate • General Conditions • Special Conditions Exhibit • Remedies for Non-compliance / Penalties • Start Date: November 12 • Sign and return within 30 days • Pre-agreement: October 26, 2012, if included in award letter • Certificate of Environmental Exemption

5. Affirmatively Furthering Fair Housing • Proposed rule – July 2013 • Data based approach to identify “fair housing issues” • Assessment of Fair Housing (AFH) reports issues and goals – replaces AI • Role of non-entitlement communities not clear • Affirmative! • Final Rule – anticipated Dec 2013

6. Procurement:Administrative & Professional Services • Existing requirements: • Competitive Negotiation, regardless of fund source • Cost: • Required for administrative services • Prohibited for engineering services • Policy Issuance 13-03 • No “local” solicitation requirement • Posting solicitation notice not sufficient

7. First Steps • Plans & Specs • Environmental Review • Alternates! • Must be completed within 12 Months

8. 4 Month Call • Review Performance Statement and Budget • Review Exhibit C milestone dates and early progress toward these dates • Review 12-Month and 24-Month Thresholds • Identify the need for Acquisition of Real Property and review Uniform Relocation Act requirements • Identify potential project issues or delays.

9. Environmental Review • To help expedite the process: • Look at all levels of review • Use TDA’s Programmatic Agreement with the Texas Historical Commission • Send letters only to necessary agencies • Use the text from the HUD checklists • Sign & date 2 Requests for Release of Funds (RROF) • Send David Brown the Floodplain information • Email all paperwork to David immediately so that the Objection Period can start • Call / email for help

10. Environmental Reviewcontinued • RECENT ISSUES: The biggies • No Environmental Review Record (ERR) provided during monitoring • No clearance for new activities that were not included in the original review • No floodplain information • No review at all • Postdated RROF • EPA Notices • All ERRs will be reviewed as staff time allows vs. selected randomly for review prior to monitoring

11. Drawdown – Policy Issuance 13-03 • Groups • Consolidated list of requirements • Timing of elements adjusted for CD/TCF merger • Thresholds • Adjusted for CD/TCF merger

12. Drawdown – Policy Issuance 13-03 • Match: only CDBG eligible costs will be match eligible, except: • Donated property, if owned by Grantee/Service provider • Waived connection fees for LMI households

13. Drawdowns – HUD Policy • Contract requirement for drawdown every nine months • HUD budget vs. Contract budget

14. Drawdowns – HUD Policy • Managing different budget scenarios

15. Drawdowns – HUD Policy • Managing different budget scenarios

16. Drawdowns – HUD Policy • Managing different budget scenarios

17. Drawdowns – HUD Policy

18. Drawdown – TDA Database • Contract Award Management & Procurement System (CAMPS) • Later phase will be interactive

19. Acquisition of Real Property • All acquisition matters • Any property acquired for the project • Must be permanent project with permanent location • PI 13-03 documentation changes • Required element of 4 month call • A600, A601, & A612 prior to construction funding

20. Special Conditions • Pre-Construction Permits & Approvals Form • TCEQ Plan Review • TCEQ Stormwater Permit • TDLR Plan Submittal • Project specific conditions • Housing/OSSF Guidelines • Well water quality approval

21. Pre-Construction Permits & Approvals Form Form required as of October 21, 2013.

22. Procurement - Construction • Competitive Procurement is required • Non-competitive procurement must be requested by Grantee and approved by TDA • Bid Alternatives! • Planning is key • Labor Standards • Davis-Bacon requirements apply to BOTH sealed bid & small purchase procurements

23. Amendments/Modifications • Common Timing • Initial design • After construction award • After construction completion • Scale vs. Scope • Program definition • Impact on environmental review

24. Amendments/Modifications • Amendments • Decrease in beneficiaries over 25% • New target area • Budget changes that exceed 25% engineering/construction cost ratio • Agency discretion

25. Amendments/Modifications

26. Amendments/Modifications

27. Amendments/Modifications New form:

28. Labor Standards • Manual Correction • Cannot “Award” or Execute a contract without clearance • No Corrective Action Plan • A regulatory violation is a violation

29. Labor Standards • 100% Review of Payrolls • “No Work” Payrolls • Additional Wage Classifications • Request Immediately • Processing Time

30. Labor Standards continued • Recent Issues: • Procurement method does not impact Labor Standards requirements • Not sending Labor Standards items to Labors@ may delay processing • Incomplete and inaccurate information • No interviews or payroll records at monitoring • Some good things are occurring

31. Labor – Force Account • Must be approved (the 7 questions) • If not in application, must Request to Change from Contract Construction Work to Force Account Chapter 8 • Make sure that it is right for the project • Cost Calculation sheets must be clear • Equipment maximum reimbursement • Equipment Cost Calculation Sheet - Section 8.2.5 • Purchase of Construction Equipment is not eligible • Supervision • Additional Documentation could be required

32. Periodic Reporting • Quarterly • Progress Report (A104, B8, or D9) • TWC Report for Job Creation projects • Annual • Section 3 (January 20) • Audit Certification Form (per grantee fiscal year) • Single Audit (per grantee fiscal year)

33. Project Completion • Construction Completion • Certificate of Construction Completion • (COCC) - remember engineer’s signature • Final Wage Compliance Report • (FWCR) - remember LSO’s signature • Grant Completion – due 60 days after contract end date or project completion • Project Completion Report (PCR) • PI 13-03: All draws

34. Planning • General planfor planning activities using generic population and other broad parameters • Costs notallowable include: • Design and other engineering-related costs • Audit and other administration-related costs • Cash match spent entirely on the planning project • Local participation in the planning process • Completed planning document(s) for reimbursement • Transmitted by local official • Evidence of local review

35. Upcoming Public Participation • Five Year Consolidated Plan • One Year Action Plan • Regional Review Committees

36. Texas CDBG Program: Fund Categories

37. Thank you!!! • Texas Department of Agriculture • Office of Rural Affairs • Web site: www.TexasAgriculture.gov • Suzanne.Barnard@TexasAgriculture.gov • David.Brown@TexasAgriculture.gov • Chris.Reynolds@TexasAgriculture.gov