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Home My WebLink About24G232 - U.S department of Housing and Urban Development (CDBG Entitement funding FY 24-25)CONTRACT ABSTRACT Contract Company Name Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: U.S. Department of Housing and Urban Development Rufus Washington, Director Office of Community Planning and Development Community Development Block Grant Fiscal Year 2024-25 Funding Approval/Agreement $344,683 CDBG Entitement Funding Program Year Begins: July 1, 2024 to June 30, 2025 Contract Approvals City Council Approval Date: March 28, 2024 Agenda Item No./ Resolution Number: Item No. 2.A / Resolution No. 25192 Agreement No: -To-�ned- a y(rZy- ;432- Contract Administration Lead Department: Housing & Community Development Contract Administrator: Jay Virata, Director Contract Compliance Exhibits: Yes Signatures: Yes Insurance: N/A Bonds: N/A Contract prepared by: U.S. Department of Housing and Urban Development Submitted on: 09/12/2024 By: Annie Fonseca, Housing Program Assistant (.L Docusign Envelope ID: 84AD6570-3AB6-0493-A89247E8A7C93037 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 H1-00515R of 20515R exp 1/31/2025 of Palm 3200 E Tahl Canyon Way Palm Springs, CA 92262-6959 3a. Grantee's 9-digit Ts 956000757 4. Date use of funds m: 07101/2024 5a. Projectri No. 1 B-24-MC-06-0561 Groat Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursua nt to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grant ee'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 additional and/or special conditions, constitute pan 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 additional and/or 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 Pan 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient entities to which it makes fundinn assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name (Contactual Organization) Ester Dela CITY OF PALM SPRINGS Tide CPD Director (Acting) Title City Manager Signature X If Date (mMdNyyyy) 8/30/2024 Signature OOF X / Date (mm/dd/yyyy) F13 al-?X 7. Category of Tide I Assistance for this Funding Acton: 8. Adi itionallSpecial Conditions 9a, Date HUD Received Submission 10. check one Entitlement, Sec 106(b) (check one) ❑ None ® Atleched (mMddtyyyy) ® a. Ong. Funding Approval ❑ b. Amendment Amendment Number 9b. Date Grantee Nodded (mMddlyy)y) 9c. Date of Start of Program Year 07,01/2024 11. Amount of Community Development Block Grant FY 2024 FY 2023 a. Funds Reserved for this Grantee b. Funds now being Approved $344,676.00 8 7.00 a Reservation to be Cancelled 11a minus 11b 128. Amount of Loan Guarantee Commitment now being Approved 121b. Name and complete Address of Pubic Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the 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 BUD 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 (mmldd/yyyy) 111 0101111 _ 1 ■ ■1 ■ 1 y Project Number Amount late Entered LGCCS (mmlddtyyyy) I Batch Number Transaction Code I Entered By 24 CFR 570 forth HUD-7082 (5115) Docusign Envelope ID: 84AD6570-3AB6-4493.A892-47E8A7C93037 8. Additional Conditions. (a) The period of performance and single budget period for the funding assistance specified in the Funding Approval ("Funding Assistance") shall each begin on the date specified in item 4 and shall each end on September 1, 2031. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2031. (b) The Grantee must complete Addendum # 1 to Agreement "Grantee Indirect Cost Rate(s)" and return it to HUD with this Agreement. The addendum HUD receives from the Grantee will be incorporated into and made part of this Agreement, provided that the rate information is consistent with the applicable requirements under 2 CFR part 200. The Grantee must immediately notify HUD upon any change in the Grantee's indirect cost rate, so that HUD can amend the Agreement to reflect the change if necessary. (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.); 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. (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 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. (e) The Grantee or unit of general local government that directly or 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 Docusign Envelope ID: 84AD6570-3AB6-4493.A892-47EaA7C93037 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. (g) CDBG 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 - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). (h) The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. (h) Waste, Fraud, Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800-347-3735) and its online hotline form. You must comply with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgrantee—as well as a personal services contractor —who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of: 1. Gross mismanagement of a Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority relating to a Federal contract or grant; 4. Substantial and specific danger to public health and safety; or 5. Violations of law, rule, or regulation related to a Federal contract or grant. (i) The Grantee will comply with the right to report crime and emergencies protections at 34 U.S.C. 12495 of the Violence Against Women Act. Docusign Envelope ID: 84AD6570.3AB6-4493-A892-47E8A7C93037 Addendum # 1 to Agreement B-24-MC-06-0561 Grantee Indirect Cost Rate(s) As the duly authorized representative of the Grantee, I certify that the Grantee: K1 Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ❑ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time. ❑ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, was approved by the cognizant agency for indirect costs. Agency/department/major function Indirect cost rate Type of Direct Cost Base N/A N/A % N/A Name of Authorized Official: Scott Stiles Title: City Manager Signature: X� Instructions for the Grantee's Authorized presentative: Date (mm/dd/yyyy): 71�/la You must mark the one (and only one) checkbox above that best reflects how the Grantee's indirect costs will be calculated and charged under the grant. Do not include indirect cost rate information for subrecipients. The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount (e.g., 10%) and the Type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter "MTDC" in the "Type of Direct Cost Base" column. If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. If the Grantee is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E and Appendix VII to Part 200 (for state and local governments). APPROVED AS TO FORM 744t,�� APPROVED BY CITY COUNCIL 3-2f -amK 1" A dTVATT-d-RNEY City Clerk aJ Gam),