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HomeMy WebLinkAboutC-8037-1 - FY 2016-2017 CDBG Program Grant AgreementFunding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI -00515R of 20515R Beach 3rantee's Complete Address (as shown in item 5 of City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 (exp 5/31/2018) 95-600075 060752482 Date use of funds may begin m/ddWwl 07/01/2016 B -16 -MC -06-0546 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(8) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient entities to which it makes £undine assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name William Vasquez City of Newport Beach Title Title Batch TAC Program Y A Reg Area Document No. Project Number irect , Office of Communi ming and Development City Manager (mm/dd/yyyy) F Si mato D m M tura Date (mm/ddWyy) 7. Category of Titre I Assistance for this nding Action (check only one) ® a. Entitlement, Sec 106(b) El b. b. State -Administered, Sec 106(d)(1) El c. HUD -Administered Small Cl ies, See 106(d)(2)(B) ❑ d. Indian CDBG Programs, Sec 106(a)(1) 8. SpeciOCondifiont, (check one) ❑ None ® Attached Date HUD Received Submissiob (mm/dd/yyyy) 05/16/2016 10. check one ®a.Odg.Funding Approval ❑ b. Amendment Amendment Number Date Grantee Notified (mm/dd/yyyy) 08/22/2016 9c. Date of Start of Program Year ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sac 107 ❑ g. Loan Guarantee, See 108 (mm/dd/yyyy) 07/01/2016 YY Project Number 11. Amount of Community Development Block Grant FY 2016 FY FY a. Funds Reserved for this Grantee 5359,743 Y Proro'e t N b b. Funds now being Approved 5359,743 � c. Reservation to be Cancelled s0 11a minus 111b 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Date Entered PAS (mnVdd/yyyy) Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other I Entered By Title Verified By requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Signature HUD ACCOUnting Use Unly Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F FM 176 HE 0PEll TM I 1 0 YY Project Number Amount Y Proro'e t N b � Amount Date Entered PAS (mnVdd/yyyy) I Date Entered LOCCS (mm/ddWyy) I Batch Number Transaction Code I Entered By Verified By 8. CDBG Special Conditions. City of Newport Beach B -16 -MC -06-0546 (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2023. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2023. (b) If Funding Assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E - Cost Principles, attach a schedule in the format set forth below to the executed Grant Agreement that is returned to HUD. The schedule shall identify each department/agency that will carry out activities with the Funding Assistance, the indirect cost rate applicable to each department/agency (including if the de minimis rate is charged per 2 CFR §200.414), and the direct cost base to which the rate will be applied. Do not include indirect cost rates for subrecipients. Administering Direct Department/Agency Indirect cost rate Cost Base* *Specify the type of cost base utilized - e.g., Modified Total Direct Costs (MTDC). Do not include amounts. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the System for Award Management (SAM.gov), and the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and System for Award Management, and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy- related, communication -related, water- related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common - carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownsfield as defined in the Small Business Liability Relief and Brownsfield Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. 8. CDBG Special Conditions (cont.) City of Newport Beach B -16 -MC -06-0546 (e) The Grantee or unit of general local government that that indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372 -Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations.