HomeMy WebLinkAboutC-8586-0 - Community Development Block Grant (CDBG) - Covid-19 Small Business Emergency Relief GrantFunding ApprovaVAgreement U.S. Department of Housing and Urban Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act (Public Law 930383) Community Development Block Grant Program OMB Approval No. 2506-0193
HI -00515R of 20515R exp 5/31/2018
1. Name of Grantee (as shown in item 5 of Standard Form 424) 3a. Grantee's 9 -digit Tax ID Number 3b. Grantee's 9 -digit DUNS Number
Newport Beach 956000751 060752482
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 4. Date use of funds may begin
3300 Newport Blvd (mm/dd/yyyy) 10/28/2020
Newport Beach, CA 92663 5a. Project/Grant No. 1 6a. Amount Approved
B -20 -MW -06-0546 $960,403
5b. Project/Grant No. 2 6b. Amount Approved
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(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-
recinient entities to which it makes fimdine assistance hereunder avnitahle
U.S. Department of Housing and Urban Development (By Name)
Grantee Name (Contractual Organization)
Rufus Washington
Newport Beach (City Of Newport Beach)
Title
CPD Director
Title �y
�ll
Signature
Date (mm/dd/yyyy)
Signature
Date (mm/ddlyyyy)
09/03/2021
1--_<=
X
p /� Q
SEP
JL.r �V O
7. Category of Title I Assistance for this Funding Action:
8. Special Conditions
45. Date HUD Received Submission
10. check one
Entitlement, Sec 106(b)
(check one)
❑ None
® Attached
(mm/dd/yyyy) 08/06/2021
❑ a. Orig. Funding
Approval
® b. Amendment
Amendment Number
9b. Date Grantee Notified
(mm/dd/yyyy) 09/03/2021
9c. Date of Start of Program Year
(07/01/2020)
11. Amount of Community Development
Block Grant FY 2020
a. Funds Reserved for this Grantee $960,403
b. Funds now being Approved
c. Reservation to be Cancelled
Ila minus 11b
12a. Amount of Loan Guarantee Commitment now being Approved
12b. Name and complete Address of Public Agency
N/A
City Of Newport Beach
3300 Newport Blvd
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Newport Beach, CA 92663
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive loan
12c. Name of Authorized Official for Designated Public Agency
guarantee assistance, and agrees to comply with the terms and conditions
of the Agreement, applicable regulations, and other requirements of HUD
Title
now or hereafter in effect, pertaining to the assistance provided it.
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy)
FM 1 7 6 FM�� U [11
HY Project Number Amount
�Y Pr " Number Am n
Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD -7082 (5/15)
2029
Additional CDBG-CV Requirements
In addition to the terms and conditions in the Funding Approval/Agreement, the following
requirements apply to Grantees receiving CDBG-CV funds in accordance with the Coronavirus
Aid, Relief and Economic Security Act (CARES Act) (Pub. L. 116-136).
1) The Grantee agrees to comply with the requirements in the CARES Act that apply to
CDBG-CV grants and must use the CDBG-CV grant funds to prevent, prepare for and
respond to coronavirus.
2) The grantee agrees to comply with the requirements of the Housing and Community
Development Act of 1974 (42 USC 5301 et seq.) and implementing regulations at 24
CFR part 570, as now in effect and as may be amended from time to time, and as
modified by the rules, waivers and alternative requirements published by HUD from
time to time. Rules, waivers and alternative requirements of Federal Register notices
applicable to CDBG-CV grants are hereby incorporated into and made a part of the
grant agreement.
3) The Grantee may use CDBG-CV funds as reimbursement for previously incurred costs,
provided that those costs are allowable and consistent with the CARES Act's purpose to
prevent, prepare for and respond to coronavirus.
4) The grantee agrees to establish and maintain adequate procedures to prevent any
duplication of benefits as required by section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of
the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 132 Stat.
3442).
5) The period of performance for the funding assistance specified in the Funding
Approval/Agreement ("Funding Assistance") shall be six years. It shall begin on the date
specified in item 4 in the Funding Approval/Agreement and shall end six years later, on
the month and day specified in item 4. The Grantee shall not incur any obligations to be
paid with the Funding Assistance after this period of performance.
6) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth
below to the executed Funding Approval/Agreement that is returned to HUD. The
Recipient shall provide HUD with a revised schedule when any change is made to the
rate(s) described in the schedule. The schedule and any revisions HUD receives from
the Recipient shall be incorporated herein and made a part of this Funding
Approval/Agreement, provided that the rate(s) described comply with 2 CFR part 200,
subpart E.
Administering
Direct
Department/Agency Indirect cost rate Cost Base
Instructions: The Recipient must identify each agency or department of the
Recipient that will carry out activities under the grant, the indirect cost rate
applicable to each department/agency (including if the de minimis rate is used
per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be
applied (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rates for subrecipients.
7) In addition to the conditions contained in the Funding Approval/Agreement (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.); the Federal
Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal
Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward
and Executive Compensation Information.
8) The grantee shall ensure that no CDBG-CV 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 brownfield as defined in the Small
Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be
considered a public use for purposes of eminent domain.
9) The Grantee or unit of general local government that directly or indirectly receives
CDBG-CV 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.
10) 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.
11) CDBG-CV funds may not be provided to a for-profit entity pursuant to section 105(a)(17)
of the Act unless such activity or project has been evaluated and selected in accordance
with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs
and Financial Requirements." (Source — This condition is included as requirement on
the use of fiscal year 2020 CDBG funds by the Community Development Fund heading,
Department of Housing and Urban Development Appropriations Act, 2020, Public Law
116-94, and is made applicable to this grant by the CARES Act).
Funding Approval/Agreement U.S. Department of Housing and Urban Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act (Public Law 930383) Community Development Block Grant Program OMB Approval No. 2506-0193
HI -00515R of 20515R exp 5/31/2018
1. Name of Grantee (as shown in item 5 of Standard Form 424) 3a. Grantee's 9 -digit Tax ID Number 3b. Grantee's 9 -digit DUNS Number
Newport Beach 956000751 060752482
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 4. Date use of funds may begin
3300 Newport Blvd (mm/dd/yyyy) 7/1/2020
Newport Beach, CA 92663-3816 5a. Project/Grant No. 1 6a. Amount Approved
B -20 -MC -06-0546 $372,775
5b. Project/Grant No. 2 6b. Amount Approved
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-
rPniniPnt PntitiPc to whinh it malrPc fiindinu n,,i,,tannP hPrPiindP.r nvAnhlP
U.S. Department of Housing and Urban Development (By Name)
Grantee Name (Contractual Organization)
Rufus Washington
Newport Beach (City Of Newport Beach)
Batch TAC
Title
Title
Amount
CPD Director
1 5
176
Signature
Date (mm/dd/yyyy)
Signature
-
Date (mm/dd/yyyy)
2/5/2021
D
f� 0X
Y Project Number
Amount
02./Io/ Zo Z
7. Category of Title I Assistance for this Funding Action:
8. Special Conditions
9a. Date HUD Received Submission
10. check one
Entitlement, Sec 106(b)
(check one)
❑ None
® Attached
(mm/dd/yyyy) 9/16/2020
❑ a. Orig. Funding
Approval
® b. Amendment
Amendment Number
9b. Date Grantee Notified
(mm/dd/yyyy) 10/28/2020
9c. Date of Start of Program Year
(07/01/2020)
Verified By
11. Amount of Community Development
Entered By
Date Entered PAS (mm/dd/yyyy)
Date Entered LOCCS (mm/dd/yyyy)
Block Grant FY 2020 FY 2019
Transaction Code
a. Funds Reserved for this Grantee $372,816 $ 15
b. Funds now being Approved $372,760
form HUD -7082 (5/15)
c. Reservation to be Cancelled -$ 56
11a minus 11b)
12a. Amount of Loan Guarantee Commitment now being Approved
12b. Name and complete Address of Public Agency
N/A
City Of Newport Beach
3300 Newport Blvd
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Newport Beach, CA 92663-3816
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive loan
guarantee assistance, and agrees to comply with the terms and conditions
12c. Name of Authorized Official for Designated Public Agency
of the Agreement, applicable regulations, and other requirements of HUD
now or hereafter in effect, pertaining to the assistance provided it.
Title
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC
Program Y A Reg Area Document No. Project Number
Category
Amount
(mm/dd/yyyy) F
1 5
176
3
D D 0 111 1
-
D
Y Project Number
Amount
Y Pr ' ct Number
Amount
Verified By
Entered By
Date Entered PAS (mm/dd/yyyy)
Date Entered LOCCS (mm/dd/yyyy)
Batch Number
Transaction Code
24 CFR 570
form HUD -7082 (5/15)