FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-CA-0356
Grantee Name: City of Fullerton
Grantee Address: 303 W. Commonwealth Avenue,Fullerton, CA 92832 Grantee's Unique Entity Identifier (UEI): NUF2A22T9PK8
Grantee’s Employer Identification Number (EIN): 956000711 Federal Award Identification Number (FAIN): B-24-CP-CA-0356 Assistance Listing Number and Name: 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants
Period of Performance/Budget Period Start Date: 08/13/2024 Period of Performance/Budget Period End Date: 08/31/2032 This Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and City of Fullerton (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2024 (Public Law 118-42) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on March 5, 2024 (Explanatory Statement) as deemed to be amended by the Further Consolidated Appropriations Act, 2024 (Public Laws 118-47).
In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows:
ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise.
Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Bud- get Period End Date.
Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates speci- fied above for the Period of Performance/Budget Period Start Date and Period of Performance/ Budget Period End Date.
ARTICLE II. Total Grant Amount
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $2,500,000.00 available to the Grantee.
ARTICLE III. Award-Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless changed in ac- cordance with Article III, section C of this Grant Agreement, the Grantee’s Project shall be as FY 2024 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-24-CP-CA-0356
described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement.
B. Approved Budget. The Grantee must use the Grant Funds as provided by the Ap- proved Budget. Unless changed in accordance with Article III, section C of this Grant Agree- ment, the Approved Budget shall be the line-item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement.
C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s approval for a change in the approved Project Narrative and/or Budget, the Grantee must submit a formal letter to HUD’s Office of Economic Development - Congressional Grants Division (CGD) Director through the assigned Grant Officer in accordance with HUD’s instructions for amending the Project Narrative and/or Project Budget found in the document titled “FY2024 Economic Development Initiative - Community Project Funding Grant Guide ” that accompanies the Grant Agreement. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Article III, sec- tion D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD’s website. The CGD will notify the Grantee of whether HUD approves or disapproves of the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in HUD’s Disaster Recovery Grant Reporting (DRGR) to reflect that change.
D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds under the Consolidated Appropriations Act, 2024, and the Explanatory Statement, as mod- ified by the Further Consolidated Appropriations Act, 2024 or a later act, are incorporated by this reference and made part of this Grant Agreement. The Grant Funds are not subject to the Com- munity Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974.
E. In accordance with 2 CFR 200.307, costs incidental to the generation of program in- come may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307, program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for al- lowable costs under this Grant Agreement. Any program income that cannot be expended on al- lowable costs under this Grant Agreement must be reported and paid to HUD within 120 days af- ter the period of performance, unless otherwise specified by an applicable Federal statute.
F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee’s indi- rect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that HUD can 2 FY 2024 COMMUNITY PROJECT FUNDING
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amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance.
G. The Grantee must comply with any specific conditions that HUD may apply to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement.
H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement.
The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for-profit entity only if HUD expressly approves that subaward and the for-profit entity is made subject to the same Federal requirements that apply to all other subrecipients, in- cluding all requirements 2 CFR part 200 provides with respect to a subaward, except the audit re- quirements in 2 CFR part 200, subpart F.
ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision-making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution, hos- pital or other non-profit organization, the Grantee shall request the unit of general local govern- ment, Indian Tribe or Alaskan Native Village, within which the Project is located and which ex- ercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision-making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58.
C. After March 9, 2024, neither the Grantee nor any of its contractors, subrecipients, and other funding and development partners may undertake, or commit or expend Grant Funds or lo- cal funds for, project activities (other than for planning, management, development and adminis- tration activities), unless a contract requiring those activities was already executed on or before March 9, 2024, until one of the following occurs:
(i) the Responsible Entity has completed the environmental review procedures re- quired by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds;
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(ii) the Responsible Entity has determined and documented in its environmental re- view record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has no- tified Grantee in writing of environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation mea- sures adopted through the environmental review process are carried out during project develop- ment and implementation.
E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements.
The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or bene- ficiaries or potential beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Ex- ecutive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061).
F. The Grantee must comply with the Uniform Administrative Requirements, Cost Prin- ciples, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective.
G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 (“System for Award Management and Universal Identifier Requirements”) and the Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawards and Executive Compensation”), which by this reference are incorporated into and made part of this Grant Agreement.
H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement.
I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must sign the corresponding certification in Appendix 8 to this Grant Agreement and return it to HUD with this Grant Agreement. The Grantee must include in its award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using the Disclosure of Lobbying Activities 4 FY 2024 COMMUNITY PROJECT FUNDING
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(SF-LLL) form. In addition, the Grantee must obtain the executed certification required by Ap- pendix A and an SF-LLL from all covered persons. “Person” is as defined by 24 CFR Part 87.
Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment. State-recognized Indian tribes and TDHEs established only under state law must comply with this requirement.
J. The Grantee must comply with drug-free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707).
K. Unless the Grantee is a Federally recognized Tribe, the Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that re- ceives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless other- wise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance.
L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead-based paint evaluation and hazard reduction requirements of HUD's lead-based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead-based paint rules (e.g., Repair, Reno- vation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)).
M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD’s regulations at 24 CFR part 75, as applica- ble, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3. Grantees that are not exempt from Section 3 must submit annual reports of Section 3 accomplishment Perfor- mance Measures in DRGR in January of the calendar year. This report reflects Section 3 accom- plishments for the previous calendar year.
N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including en- ergy-related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public-utility 5 FY 2024 COMMUNITY PROJECT FUNDING
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functions that serve the general public and are subject to regulation and oversight by the govern- ment, and projects for the removal of an immediate threat to public health and safety or brown- fields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub.
L. 107-118). Public use does not include economic development that primarily benefits private entities.
O. The Grantee must not use any Grant Funds to maintain or establish a computer net- work that does not block the viewing, downloading, and exchanging of pornography. This re- quirement does not limit the use of funds necessary for any Federal, State, tribal, or local law en- forcement agency or any other entity carrying out criminal investigations, prosecution, or adjudi- cation activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict-of-Inter- est requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension re- quirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2 CFR part 2424.
R. The Grantee must comply with the award term regarding trafficking in persons in Ap- pendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made and submitted to HUD are in- corporated by this reference and made part of this Grant Agreement.
T. 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 al- legations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800-347- 3735) and its online hotline form. The Grantee must comply with 41 U.S.C. § 4712, which in- cludes informing employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, an employee of the Grantee or a subrecipi- ent—as well as a personal services contractor—who makes a protected disclosure about a Fed- eral 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.
U. 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 ap- plicable 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 Provi- sions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds 6 FY 2024 COMMUNITY PROJECT FUNDING
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obligated by HUD on or after the applicable listed effective dates, are subject to BABA require- ments, unless excepted by a waiver.
ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable.
B. The Grantee must use DRGR to draw down Grant Funds and report to HUD on activ- ities.
C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee’s Approved Project Narrative and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD’s instructions for entering in- formation in DRGR found in the document titled “Grant Award Instructions” that accompanies the Grant Agreement.
D. The Grantee must only enter activities in DRGR that are described in the Approved Budget.
E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.
F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.
G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR.
H. Notwithstanding any other provision of this grant agreement, HUD will not be re- sponsible for payment of any Grant Funds after the date Treasury closes the account in accor- dance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2032.
ARTICLE VI. Program-Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program-specific reporting requirements apply to the Grantee:
A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the report- ing period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6-month reporting period. The first of these 7 FY 2024 COMMUNITY PROJECT FUNDING
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reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.
B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplish- ments to the objectives of the Project as described in Article III, section A of this Grant Agree- ment, the reasons why established goals were not met, if appropriate, and additional pertinent in- formation including, when appropriate, analysis and explanation of cost overruns or high unit costs.
C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website (https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html).
D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the correc- tions the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website (https://www.grants.gov/web/grants/forms/post-award- reporting-forms.html). This reporting obligation includes submitting status reports on real prop- erty at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting re- quests for disposition instructions as provided by 2 CFR 200.311, 200.31, and 200.314.
ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to close out the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement. HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the resolu- tion of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD to de- termine compliance with the Grant Agreement by the Grantee and all participating parties. The 8 FY 2024 COMMUNITY PROJECT FUNDING
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Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site in- spection of property acquired or improved with grant funds.
E. No later than 120 calendar days after the Period of Performance, Grantees shall pro- vide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving:
i) the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of 2 CFR part 200, subpart E); ii) a certification of the costs; and
iii) the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns.
5. A final property report, if specifically requested by HUD at the time of closeout.
ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a pur- pose other than as authorized by this Grant Agreement, any noncompliance with statutory, regu- latory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in an- ticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time. HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable pro- visions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agree- ment shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party.
ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, submissions, 9 FY 2024 COMMUNITY PROJECT FUNDING
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and reports the Grantee is required to make to HUD under this Grant Agreement must be made in accordance with HUD’s grant instructions found in the document titled “FY2024 Economic Development Initiative - Community Project Funding Grant Guide” that accompanies the Grant Agreement.
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
_ City of Fullerton _______________
(Name of Organization)
BY: _Eric Levitt _
(Signature of Authorized Official)
_Eric Levitt, City Manager_
(Typed Name and Title of Authorized Official)
_05/28/2025 ________________________________
(Date)
HUD
BY: _Ester Dela _
(Signature of HUD Authorized Official)
_Acting CPD Field Office Director_
(Title of HUD Authorized Official)
_06/06/2025_
(Date)
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APPENDIX 1 – Project Narrative
The approved narrative has been appended to the end of the grant agreement. 11 FY 2024 COMMUNITY PROJECT FUNDING
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APPENDIX 2 – Approved Budget
The approved budget has been appended to the end of the grant agreement. 12 FY 2024 COMMUNITY PROJECT FUNDING
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APPENDIX 3 – Grantee’s Indirect Cost Rate Information
As the duly authorized representative of the Grantee, I certify that the Grantee:
X 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/Dept./Major Function Indirect cost rate Direct Cost Base BY: _Eric Levitt _
(Signature of Authorized Official)
_Eric Levitt, City Manager_
(Typed Name and Title of Authorized Official)
_05/28/2025 ________________________________
(Date)
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 subrecip- ients.
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 ex- ample, 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 func- tion, 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. 13 FY 2024 COMMUNITY PROJECT FUNDING
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To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E; Appendix III to Part 200 (for Institutions of Higher Education); Appendix IV to Part 200 (for nonprofit organizations); Appendix VII to Part 200 (for state and local governments and Indian Tribes); and Appendix IX to Part 200 (for hospitals).
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APPENDIX 4 –
Award Term and Condition for Grantee Integrity and Performance Matters Reporting of Matters Related to Grantee Integrity and Performance (a) General Reporting Requirement.
(1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of per- formance of this Federal award, then you as the grantee must ensure the information available in the responsibility/qualification records through the System for Award Management (SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110- 417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all in- formation posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available.
(b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procure- ment contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and (iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your pay- ment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(D) Any other criminal, civil, or administrative proceeding if— (1) It could have led to an outcome described in paragraph (b)(1)(iii)(A) through (C);(2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
(3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.
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(c) Reporting Procedures.
Enter the required information in SAM.gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and coop- erative agreements that you received if you already provided the information in SAM.gov because you were required to do so under Federal procurement contracts that you were awarded. (d) Reporting Frequency.
During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM.gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or af- firm that there is no new information to report. If you have Federal contract, grant, and coopera- tive agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings. (e) Definitions.
For purposes of this award term—
Administrative proceeding means a non-judicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Adminis- trative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
Conviction means a judgment or conviction of a criminal offense by any court of competent ju- risdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
Total value of currently active grants, cooperative agreements, and procurement contracts in- cludes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding).
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APPENDIX 5 – Specific Award Conditions
NONE.
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APPENDIX 6 – Conflict of Interest Requirements
1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), the Grantee and its subrecipients must follow the requirements contained in para- graphs 2-5 below.
2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any func- tions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcon- tract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage, or adop- tion) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person.
3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee’s Project, considering the cumulative effects of the factors in paragraph (v).
4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law.
5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low- or moderate-in- come persons intended to be the beneficiaries of the assisted activity, and the exception 18 FY 2024 COMMUNITY PROJECT FUNDING
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will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;
d. Whether the affected person has withdrawn from his or her functions or responsibili- ties, or the decision-making process regarding the assisted activity in question; e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and g. Any other relevant considerations.
6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest.
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APPENDIX 7 – Award Term and Condition Regarding Trafficking in Persons The following award term and condition, which is required by 2 CFR part 175, applies as writ- ten:
(a) Provisions applicable to a grantee that is a private entity. (1) Under this award, the grantee, its employees, subrecipients under this award, and sub- recipient's employees must not engage in:
(i) Severe forms of trafficking in persons;
(ii) The procurement of a commercial sex act during the period of time that this award or any subaward is in effect;
(iii) The use of forced labor in the performance of this award or any subaward; or (iv) Acts that directly support or advance trafficking in persons, including the following acts:
(A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; (B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
(1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agree- ment; or
(2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that em- ployment;
(D) Charging recruited employees a placement or recruitment fee; or (E) Providing or arranging housing that fails to meet the host country's housing and safety standards.
(2) The Federal agency may unilaterally terminate this award or take any remedial ac- tions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
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(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the grantee or the subrecipient using the standards and due process for im- puting the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocure- ment),” as implemented by HUD at 2 CFR part 2424.
(b) Provision applicable to a grantee other than a private entity. (1) The Federal agency may unilaterally terminate this award or take any remedial ac- tions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
(i) Is determined to have violated a prohibition in paragraph (a)(1) of this appendix; or (ii) Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this appendix through conduct that is either:
(A) Associated with the performance under this award; or (B) Imputed to the subrecipient using the standards and due process for imputing the con- duct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as imple- mented by HUD at 2 CFR part 2424.
(c) Provisions applicable to any grantee.
(1) The grantee must inform the Federal agency and the Inspector General of the Federal agency immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this appendix.
(2) The Federal agency's right to unilaterally terminate this award as described in para- graphs (a)(2) or (b)(1) of this appendix:
(i) Implements the requirements of 22 U.S.C. 78, and
(ii) Is in addition to all other remedies for noncompliance that are available to the Federal agency under this award.
(3) The grantee must include the requirements of paragraph (a)(1) of this award term in any subaward it makes to a private entity.
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(4) If applicable, the grantee must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).
(d) Definitions. For purposes of this award term:
“Employee” means either:
(1) An individual employed by the grantee or a subrecipient who is engaged in the perfor- mance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program under this award and not compensated by the grantee including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing re- quirements.
“Private Entity” means any entity, including for-profit organizations, nonprofit organiza- tions, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.
The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex traffick- ing,” “Abuse or threatened abuse of law or legal process,” “coercion,” “debt bondage,” and “in- voluntary servitude” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
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APPENDIX 8 – Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
BY: _Eric Levitt _
(Signature of Authorized Official)
_Eric Levitt, City Manager_
(Typed Name and Title of Authorized Official)
_05/28/2025 ________________________________
(Date)
NOTE: This certification is not required for Federally recognized Indian tribes and Tribally Designated Housing Entities (TDHEs) established by a federally recognized Indian tribe through the tribe’s sovereign power. However, this exemption does not apply to State-recognized Indian tribes and TDHEs established under State law.
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NARRATIVE
This project is proposing the following improvements using HUD funding under the CPF Grant within the historic Fullerton Police Department building: • Locker Rooms o Remodel the officers’ outdated locker rooms with new lockers, benches, flooring, and paint. The existing lockers are over twenty years old and do not have adequate storage or ventilation for the equipment needs of modern police officers. o Address any necessary asbestos and lead paint remediation. • Remodel Jail o Rehabilitate the jail and the sally port where detainees are brought into the facility. o Includes new jail office furniture, a longer steel arrestee bench, a new and more efficient steel booking station desk for officers in the sally port, new jail flooring with floor drains, new paint and lights, replace faulty entrance doors, plus a kitchenette and bathroom remodel. o Address any necessary asbestos and lead paint remediation. • Front Lobby o The front lobby of the historic building is the first interaction residents have with the Fullerton Police Department and should make a professional impression. o With the priority of maintaining the existing historical details, the improvements will provide a new front counter to allow increased engagement and communication with residents. Other improvements will include new flooring, paint, chairs, and a digital message board. o Address any necessary asbestos and lead paint remediation. • Crime Scene Investigation Laboratory o Replace flooring in the CSI laboratory and blood drying areas. o Install additional protective testing enclosures. o Address any necessary asbestos remediation. • Sunken Courtyard o Located at the front of the building and accessible to all visitors, the area has items of disrepair in need of attention. This includes addressing damaged historic painted ceramic tiles, peeling lead- based paint, and wrought iron railings. o In addition, a broken fountain will be replaced with a new Fallen Officer Memorial fountain. Other HUD and CPF Grant funded improvements in this project scope will involve renovations within a building adjacent to the historic building. This work will increase the efficiency of officers preparing to deploy on patrol by remodeling the Patrol Equipment Room by creating an adjoining doorway into a small locker room, relocating the body worn cameras docking stations from their existing location to the Patrol Equipment Room, and install new rifle storage lockers for better organization and operation. This project is not part of a larger scope with no additional funding sources.
Project Name: Police Station Historic Rehabilitation & Remediation Project (B-24-CP-CA- 0356) Project Purpose: Improvement and rehabilitation of the Fullerton Police Department buildings that includes remediation of hazardous materials and protection of a federally listed historic building which currently houses critical operations for the Police Department. Project Narrative: The Fullerton Police Department is currently housed in three buildings of which one is a federally listed historic building (as of 2003) and local historical landmark. This building was constructed in the early 1940’s as one several Work Projects Administration (WPA) projects completed in Fullerton and is fortunate to retain almost all its interior and exterior integrity, materials, and workmanship, with the exterior looking essentially as it did in 1942. However, due to this, the historic structure contains materials containing levels of asbestos and lead paint throughout the building. In order to meet the needs of today’s Police Department, the buildings are in need of improvements and rehabilitation which will involve hazardous material abatement, health and safety 24 FY 2024 COMMUNITY PROJECT FUNDING
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repairs, and operational upgrades in order to continue serving the community. Work will involve remodeling the officers’ locker rooms; remodeling and upgrading the jail including the intake and administrative areas; front lobby rehabilitation; Crime Scene Investigation Laboratory renovation; Patrol Room Equipment improvements and renovation; sunken courtyard repairs and renovation. Projected Project Timeline: • Approximated HUD Approval: June/July 2025 • Design & Permitting Phase: July 2025 - February 2026 • Bidding Phase: March 2026 • Construction Award: April 2026 • Construction Phase: June 2026 – October 2026 The construction phase will take place in the order of which the improvements are listed in the Project Scope section. Goal: To address hazardous material abatement and provide operational upgrades for the Police Department to better serve the community. Outcome: A building that is safe and functional for the Fullerton Police Department’s operations to continue to best serve the community. Objective: Restore, remediate, and remodel areas needing such attention in the historic Fullerton Police Department. City will require contractor’s bidding on the project to have a Section 3 plan to comply with the requirements and to the greatest extent feasible, provide opportunities to low-income individuals and businesses that employ these persons. To extent allowed in public contract bidding, the City will provide incentives to contractor’s meeting these opportunities. Materials for the project improvements will be required to meet BABA requirements.
Project Address : 237 W Commonwealth Ave, Fullerton, CA 92832 CPF grant funds will be utilized for all areas of improvement listed in the Fullerton Police Station Historic Rehabilitation & Remediation Project “Scope” with work completed in one phase. Architectural & Engineering services will prepare the detailed construction plans, issuance of building permits, hazardous materials testing, and bidding. Construction will include hazardous materials remediation, contractor costs (materials, equipment, furniture and labor- including the historic courtyard fountain replacement) for the completion of rehabilitation project in accordance with the construction plans and approval by the Building Department.
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APPROVED BUDGET
SF424 – ESTIMATED FUNDING
Funding Name Amount
Federal Estimated Funding $2,500,000.00
Applicant Estimated Funding $.00
State Estimated Funding $.00
Local Estimated Funding $.00
Other Estimated Funding $.00
Program Income Estimated Funding $.00
Total $2,500,000.00
CPF – ESTIMATED FUNDING
Funding Source Estimated Funding
Architectural & Engineering $175,000.00
Construction $2,325,000.00
Total $2,500,000.00
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