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HomeMy WebLinkAboutCAG2024-244 - Original - Funding Approval Agreement - U.S. Department of Housing and Urban Development - 1/1/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: M Agreement Routing Form DirAsst: KP • For Approvals,Signatures and Records Management Dir/Dep: KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Leah Bryant for Brittany Gaines Parks, Recreation & Community Services Date Sent: Date Required: > 09/04/2024 Soonest Possible Please 0 Q Authorized to Sign: Date of Council Approval: Q Mayor or Designee 2/20/2024 Budget Account Number: Grant? Yesw] NoE] Multiple Budget?W]Yes E]No Type: N/A Vendor Name: Category: US Housing & Urban Development Contract Vendor Number: Sub-Category: c 57232 Original Fund 2024 CDBG Funn /A roval Project Name: g pp Agreement cProject Details: This is the CDBG contract between the City and HUD. The City provides CDBG funds to support public service and capital projects. c Basis for Selection of Contractor: Agreement Amount: $1,065,644 Other E __ *Memo to Mayor must be i Start Date: 11/1/2024 Termination Date: 12/31/2024 Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Locol Exceptions"form onCityspace. Business License Verification: ❑Yes In-ProcessD Exempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes W1 No CAG2024-244 Comments: i 3 f0 a1 C C a1 Vf � 3 0 loc a, a, °C Date Received:City Attorney: 9/5/24 Date Routed:Mayor's Office 9/1 1/24 City Clerk's Office 9/11/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 Docusign Envelope ID:7CE3DOA6-5C86-4835-AOEE-6C2D2726D208 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 1/31/2025 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 City of Kent 916001254 GALJSHRB2EM6(UEI) 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin 220 Fourth Avenue S 01/01/2024 Kent,WA 98032-5895 5a.Project/Grant No.1 6a.Amount Approved B-24-MC-53-0017 $1,065,644.00(by this action) 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 additional and/or 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 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 Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization) John D.Schelling CITY OF KENT Title Tile CPD Director Mayor Signature Date(mm/dd/yyyy) Signature Date(mm/dd/yyyy) F;L,- DocuSigned by:x 8/28/2024 x �7FF79769EDE31IF3.. �- 0- 09/11/2024 7.Category of Title I Assistance for this Funding Action: 8.Additional/Special Conditions 9a.Date HUD Received Submission 10.check one (check one) ®a.Orig.Funding Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ®Attached ❑b.Amendment 9c.Date of Start of Program Year Amendment Number 01/01/2024 11.Amount of Community Development Block Grant FY 2024 FY 2023 a.Funds Reserved for this Grantee b.Funds now being Approved $1,065,622.00 $ 22.00 c.Reservation to be Cancelled 11a minus 11b 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 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) F FM 1 5 3 E H H [[I RTM I I I 1 1-1 1 -11 :10 �Y Project Number Amount Y Project Number Amount n L I I I __1 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(5115) Docusign Envelope ID:7CE3DOA6-5C86-4835-AOEE-6C2D2726D208 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:7CE3DOA6-5C86-4835-AOEE-6C2D2726D208 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:7CE3DOA6-5C86-4835-AOEE-6C2D2726D208 Addendum# 1 to Agreement B-24-MC-53-0017 Grantee Indirect Cost Rate(s) As the duly authorized representative of the Grantee,I certify that the Grantee: R 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. A enc /de artment/ma'or function Indirect cost rate Type of Direct Cost Base Name of Authorized Official: Signature: Date Dana Ralph (mm/dd/yyyy): Title: 09/11/2024 Mayor / Instructions for the Grantee's Authorized Representative: 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). Signature: �1lel�^^-- Signature: - —�1� Mer Hanson(Sep 4,2024 14:11 PDT) Kent Parks(Sep 5,202411:16 PDT) Email: mhanson@kentwa.gov Email: parkscontracts@kentwa.gov Signature: � 0�sc , Juh ��iraondola(Sep 5,202414:25 PDT) Email: jparascondola@kentwa.gov HHS-090424-US Housing & Urban Develop-2024 CDBG Funding Approval Final Audit Report 2024-09-05 Created: 2024-09-04 By: Leah Bryant(Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAtQRdsEkKSgnRWu1BHggQYypLgQpFJHE1 "HHS-090424-US Housing & Urban Develop-2024 CDBG Fundi ng Approval" History Document created by Leah Bryant(Ibryant@kentwa.gov) 2024-09-04-9:07:05 PM GMT Document emailed to mhanson@kentwa.gov for signature 2024-09-04-9:08:42 PM GMT Email viewed by mhanson@kentwa.gov 2024-09-04-9:09:36 PM GMT Signer mhanson@kentwa.gov entered name at signing as Merina Hanson 2024-09-04-9:11:30 PM GMT Document e-signed by Merina Hanson (mhanson@kentwa.gov) Signature Date:2024-09-04-9:11:32 PM GMT-Time Source:server Document emailed to Kent Parks (parkscontracts@kentwa.gov)for signature 2024-09-04-9:11:34 PM GMT Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2024-09-05-6:16:05 PM GMT Document e-signed by Kent Parks (parkscontracts@kentwa.gov) Signature Date:2024-09-05-6:16:56 PM GMT-Time Source:server P4 Document emailed to Julie Parascondola Qparascondola@kentwa.gov)for signature 2024-09-05-6:16:58 PM GMT Email viewed by Julie Parascondola (jarascondola@kentwa.gov) 2024-09-05-9:25:08 PM GMT Powered by r � Adobe T Acrobat Sign Document e-signed by Julie Parascondola aparascondola@kentwa.gov) Signature Date:2024-09-05-9:25:41 PM GMT-Time Source:server Agreement completed. 2024-09-05-9:25:41 PM GMT POWL-md by Adobe KENT Acrobat Sign