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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 indirect 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
HUD can 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 award conditions that HUD may attach 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. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308.
All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR art 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, including the requirements 2 CFR -
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 art 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises 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 art 58.
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any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed prior to the Letter of Invitation, until one of the following occurs:
(i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined and documented in its environmental review 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 notified Grantee in writing of environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development 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.
If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). 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 beneficiaries or potenti Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive 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 Principles, 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 amendment become effective.
G. The Grantee must comply with the Award Term in Appendix A to 2 CFR part 25 in Appendix A to 2 CFR p
are hereby 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.
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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 include in its award documents for all sub-awards 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 Standard Form- LLL (SF-
In addition, the Grantee must obtain the executed certification required by Appendix A and an SF- part 87. Federally
recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of
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. 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 receives Federal financial assistance fo r 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 otherwise 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, Renovation 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 regulations at 24 CFR part 75, as applicable, 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
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accomplishment Performance Measures in DRGR in January of the calendar year. This report reflects Section 3 accomplishments 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 energy-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 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 brownfields, 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 network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated regulations at 2 CFR part 2424.
R. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement.
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 DRGR) system to
draw down Grant Funds and report to HUD on activities.
C. The Grantee must enter activity and budget information in DRGR that is consistent with the Project and Approved Budget as described in Article III, sections A and B of this Grant found in
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the Grant Award Instructions that accompanies the Grant Agreement.
The Grantee must only enter activities in DRGR that are described in the Approved Budget.
D. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR.
E. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement.
F. 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.
G. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance 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, 2030.
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 reporting 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 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 accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement; the reasons why established goals were not met, if appropriate; and additional pertinent information 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).
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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 corrections 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 property 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 requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a).
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 closeout 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 resolution 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 determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of property acquired or improved with Grant Funds.E. No later than
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving 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); a certification of the costs; and the amounts and sources of other project funds.
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4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project as described in Article III, section A of this Grant Agreement, 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 purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the submissions to HUD in anticipation 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 provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party.
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ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, submissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via email to [email protected].
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
______________________________________________________
(Name of Organization)
BY: _________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
HUD
BY: _________________________________________________ Robin J. Keegan,
Deputy Assistant Secretary for Economic Development
_________________________________________________
(Date)
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APPENDIX 1 Project Narrative
99 Project Narrative: B-22-CP-CA-0156
Project Name: Pathway Torrance, A Community Resource and Response Center Project Purpose: The purpose of the project is to renovate and reactive the Pathway Torrance facility at 2300 Carson St.
Project Narrative: The County of Los Angeles (County) and the City of Torrance (City) propose to renovate and operate the former Los Angeles County Torrance Health and Wellness Center located at 2300 West Carson Street in Torrance, California. The Torrance Health and Wellness Center, a two-story, 11,306 square foot building, was originally constructed in 1933 in a Spanish Colonial design, was renovated in 2005-06 and severely vandalized in 2006, the building has remained vacant since. The proposed project is known as the Pathway Torrance Community Health and Wellness Center. The proposed Wellness Community would offer a broad range of integrated services, including space for community gathering, engagement, and elderly activities.
The project will refurbish and reuse the existing 11,306 Sq Ft County Public Health Office Building. The scope includes new roofing , heating, ventilation, air conditioning systems, elevator addition, and code compliance upgrades for ADA, electrical, plumbing, communication systems, security systems and structural/ seismic strengthening. Amenities include conference rooms, lactation room, gender neutral restrooms, an exterior plaza, outdoor staff seating/reading areas, electric vehicle parking, new manicured landscaping, and a new community center.
Project Scope: The CPF funds will be used for the construction, renovation, and rehabilitation costs of the project renovation. The project has not started. The City and the County are executing the lease and funding agreements at this time. As of the submission of the grant package, the HUD-NEPA review has not been completed.
Proposed Subrecipient: County of Los Angeles
• UEI:
• Description: The County of Los Angeles is the owner of the project site (2300 West Carson St). The City will subgrant $940,000 in CPF grant funds to the County for this project and retain $60,000 for City administrative expenses. The County will utilize the funds for the rehabilitation of the project site to an operational status. The County will oversee the project, including procurement and contracts. The County will request reimbursement of eligible expenses from the City. After renovation, the City and County will jointly occupy the space with the County retaining ownership.
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APPENDIX 2 Approved Budget
101
Total Project Line Item Budget
Architectural and engineering fees 1,141,290.00$
Construction, renovation, and rehabilitation costs 10,705,458.00$ Acquisition, demolition, and site preparation 46,490.27$ Total 11,893,238.27 $
Administrative Costs
County Admin Costs 5,546,761.73$
City Admin Cost 60,000.00$
Total 5,606,761.73$
Project and Administrative Costs 17,500,000.00$
Total Project Funding Sources
CPF B-22-CP-CA-0120 1,000,000.00$
State of California Budget Appropriation 5,500,000.00$
County ARPA Funds 11,000,000.00$
Total 17,500,000.00$
CPF Specific Budget
B-22-CP-CA-0156 1,000,000.00$
Subgranted to County for Construction, renovation, and rehabilitation costs 940,000.00$ Administrative Expenses of City Staff 60,000.00 $
Total CPF 1,000,000.00$
Pathway Torrance, A Community Resource and Response Center Project Budget Site Renovation Cost
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APPENDIX 3 Indirect Cost Rate Information
Subject to the applicable requirements in 2 CFR part 200 (including its appendices), the Grantee will use an indirect cost rate as represented by the Grantee below:
The Grantee will not use an indirect cost rate to charge its indirect costs to the grant.
The Grantee will use the indirect cost rate(s) identified in the table below to charge its indirect costs to the grant.
Agency/Dept./Major Function Indirect cost rate Direct Cost Base _________________________ _____________% ______________ _________________________ _____________% ______________
[PLEASE NOTE: The grantee must check one of the two boxes above. If the second box is checked, the corresponding table must be filled out as described below.
The table must include
indirect costs under the grant. The table must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients.
For government entities, enter each agency or department 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), and the type of direct cost base to which the rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR 200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table.
For nonprofit organizations that use 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.]
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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
1. General Reporting Requirement
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time the Grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. 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 information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
2. Proceedings About Which Grantee Must Report
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;
(2) 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;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and the Grantee either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;
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(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee
(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. The Grantee does not need to submit the information a second time under assistance awards that the Grantee received if the Grantee already provided the information through SAM because the Grantee was required to do so under Federal procurement contracts that the Grantee was awarded.
4. Reporting Frequency
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. If the Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, the Grantee must disclose semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative 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 performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes
(1) Only the Federal share of the funding under any Federal award with a cost share or match requirement; and
(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.
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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 paragraphs 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 functions 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, subcontract, 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 adoption) 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
HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee
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- income persons intended to be the beneficiaries of the assisted activity, and the exception
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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 responsibilities, 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 written:
a. Provisions applicable to a grantee that is a private entity.
1.You as the grantee, your employees, subrecipients under this award, and subrecipients' employees may not
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2.We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the
implemented by HUD at 2 CFR 2424.
b. Provision applicable to a grantee other than a private entity.
We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either:
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FY 2022 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-22-CP-CA-0156
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part Suspension (Nonprocurement
c. Provisions applicable to any grantee.
1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not compensated by you 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 or matching requirements.
2. recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
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FY 2022 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-22-CP-CA-0156
3. i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
111
OMB Number: 4040-0004
Expiration Date: 11/30/2025
* 1. Type of Submission: * 2. Type of Application:
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: 5b. Federal Award Identifier:
6. Date Received by State: 7. State Application Identifier:
* a. Legal Name:
* b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI:
* Street1:
Street2:
* City:
County/Parish:
* State:
Province:
* Country:
* Zip / Postal Code:
Department Name: Division Name:
Prefix: * First Name:
Middle Name:
* Last Name:
Suffix:
Title:
Organizational Affiliation:
* Telephone Number: Fax Number:
* Email:
* If Revision, select appropriate letter(s):
* Other (Specify):
State Use Only:
8. APPLICANT INFORMATION:
d. Address:
e. Organizational Unit:
f. Name and contact information of person to be contacted on matters involving this application:
Application for Federal Assistance SF-424
Preapplication
Application
Changed/Corrected Application
New
Continuation
Revision
B-22-CP-CA-0156
City of Torrance
112
* 9. Type of Applicant 1: Select Applicant Type:
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
11. Assistance Listing Number:
Assistance Listing Title:
* 12. Funding Opportunity Number:
* Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
* 15. Descriptive Title of Applicant's Project:
Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF-424
C: City or Township Government
US Department of Housing And Urban Development
14.251
Economic Development Initiative, Community Project Funding, and Miscellaneous Grants FY2022
CPF
Pathway Torrance, A Community Resource and Response Center View AttachmentsDelete AttachmentsAdd Attachments
View AttachmentDelete AttachmentAdd AttachmentPathway Exhibit A Project Map.pdf 113
* a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
* g. TOTAL
.
Prefix: * First Name:
Middle Name:
* Last Name:
Suffix:
* Title:
* Telephone Number:
* Email:
Fax Number:
* Signature of Authorized Representative: * Date Signed:
18. Estimated Funding ($):
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.
Authorized Representative:
Application for Federal Assistance SF-424
* a. Applicant
Attach an additional list of Program/Project Congressional Districts if needed. * b. Program/Project
* a. Start Date: * b. End Date:
16. Congressional Districts Of:
17. Proposed Project:
CA-043 CA-043
Add Attachment Delete Attachment View Attachment
07/01/2025 08/30/2030
1,000,000.00
5,500,000.00
11,000,000.00
17,500,000.00
a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372.
Yes No
Add Attachment Delete Attachment View Attachment
** I AGREE
Mr. Aram
Chaparyan
City Manager
310-618-5880
[email protected]
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? If "Yes", provide explanation and attach
114
Applicant and Recipient
Assurances and Certifications
U.S. Department of Housing
and Urban Development
OMB Number: 2501-0044
Expiration Date: 02/28/2027
Instructions for the HUD-424-B Assurances and Certifications As part of your application for HUD funding, you, as the official authorized to sign on behalf of your organization or as an individual, must provide the following assurances and certifications, which replace any requirement to submit an SF-424-B or SF-424-D. The Responsible Civil Rights Official has specified this form for use for purposes of general compliance with 24 CFR §§ 1.5, 3.115, 8.50, and 146.25, as applicable. The Responsible Civil Rights Official may require specific civil rights assurances to be furnished consistent with those authorities and will specify the form on which such assurances must be made. A failure to furnish or comply with the civil rights assurances contained in this form may result in the procedures to effect compliance at 24 CFR §§ 1.8, 3.115, 8.57, or 146.39.
By submitting this form, you are stating that all assertions made in this form are true, accurate, and correct.
As the duly representative of the applicant, I certify that the applicant:
*Authorized Representative Name:
Prefix: Mr. *First Name: Aram
Middle Name:
*Last Name: Chaparyan
Suffix:
*Title: City Manager
*Applicant Organization: City of Torrance
1. Has the legal authority to apply for Federal assistance, has the institutional, managerial and financial capability (including funds to pay the non-Federal share of program costs) to plan, manage and complete the program as
described in the application and the governing body has duly authorized the submission of the application, including these assurances and certifications, and authorized me as the official representative of the application to act in connection with the application and to provide any additional information as may be required.
2. Will administer the grant in compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C 2000(d)) and
implementing regulations (24 CFR part 1), which provide that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to
discrimination under any program or activity that receives Federal financial assistance OR if the applicant is a
Federally recognized Indian tribe or its tribally designated housing entity, is subject to the Indian Civil Rights Act (25 U.S.C. 1301-1303).
3. Will administer the grant in compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as
amended, and implementing regulations at 24 CFR part 8, the American Disabilities Act (42 U.S.C. §§ 12101 et.seq.), and implementing regulations at 28 CFR part 35 or 36, as applicable, and the Age Discrimination Act of 1975 (42
U.S.C. 6101-07) as amended, and implementing regulations at 24 CFR part 146 which together provide that no person in the United States shall, on the grounds of disability or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any
program or activity that receives Federal financial
assistance; except if the grant program authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population.
4. Will comply with the Fair Housing Act (42 U.S.C. 3601-19), as amended, and the implementing regulations at 24
CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion, sex, disability, familial status, or national origin and will affirmatively further fair housing; except an applicant which is an Indian tribe or its instrumentality which is excluded by statute from coverage does not make this certification; and further except if the grant program
authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population.
5. Will comply with all applicable Federal
nondiscrimination requirements, including those listed at 24 CFR §§ 5.105(a) and 5.106 as applicable.
6. Will not use Federal funding to promote diversity,
equity, and inclusion (DEI) mandates, policies, programs, or activities that violate any applicable Federal anti-
discrimination laws.
7. Will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) and implementing regulations at 49 CFR part 24 and, as applicable, Section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(d))
and implementing regulations at 24 CFR part 42, subpart A.
8. Will comply with the environmental requirements of the National Environmental Policy Act (42 U.S.C. 4321 et.seq.) and related Federal authorities prior to the commitment or expenditure of funds for property.
9. That no Federal appropriated funds have been paid, or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of this Federal grant or its extension, renewal, amendment or modification.
If funds other than Federal appropriated funds have or will be paid for influencing or attempting to influence the persons listed above, I shall complete and submit Standard Form- LLL, Disclosure Form to Report Lobbying. I certify that I shall require all subawards at all tiers (including sub-grants and contracts) to similarly certify and disclose accordingly.
Federally recognized Indian Tribes and tribally designated housing entities (TDHEs) established by Federally-
recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage by the Byrd Amendment, but State-recognized Indian tribes and
TDHEs established under State law are not excluded from the statute’s coverage.
115
I/We, the undersigned, certify under penalty of perjury that the information provided above is true, accurate, and correct.
WARNING: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802; 24 CFR §28.10(b)(1)(iii)).
*Signature: *Date:
Form HUD-424-B (02/23)
116
ASSURANCES - CONSTRUCTION PROGRAMS OMB Number: 4040-0009 Expiration Date: 02/28/2025
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning,
management and completion of project described in
this application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State,
the right to examine all records, books, papers, or
documents related to the assistance; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal
interest in the title of real property in accordance with awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part with Federal assistance funds to assure
nondiscrimination during the useful life of the project.
4. Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and approval of construction plans and specifications.
5. Will provide and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progressive reports and such other information as may be required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards of merit systems for programs funded
under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681
1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29) U.S.C.
§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
amended relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statue(s)
under which application for Federal assistance is being made; and (j) the requirements of any other
nondiscrimination statue(s) which may apply to the
application.
Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102
117
11. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal and federally-assisted
programs. These requirements apply to all interests in real property acquired for project purposes regardless of
Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333) regarding labor standards for federally-assisted
construction subagreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency
with the approved State management program
developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) implementation
Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
17. VVill assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program.
20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the award or subawards under the award.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
City Manager
APPLICANT ORGANIZATION DATE SUBMITTED
City of Torrance
SF-424D (Rev. 7-97) Back
118
1 FUNDING AND SUBRECIPIENT AGREEMENT
This FUNDING AND SUBRECIPIENT AGREEMENT (“Agreement”) is made and entered into as of July 8, 2025 (the “Effective Date”), by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and the County of Los Angeles, (“COUNTY”).
RECITALS:
A. CITY is the recipient of grant funds from the 2022-23 State of California Budget Bill (“STATE”) and the United States Department of Housing and Urban Development Fiscal Year 2022 Community Project Funding Congressional Appropriations B-22-CP-CA-0156 (“CPF”) for the Pathways Torrance Health Center located at 2300 Carson St (“PROJECT”).
B. COUNTY is the owner of the PROJECT.
C. CITY intends to subgrant COUNTY the STATE and CPF funding for use in the PROJECT.
Upon completion of PROJECT, CITY AND COUNTY will enter into a twenty -five year lease wherein COUNTY will provide CITY with space at the PROJECT location.
D. As a subrecipient, COUNTY agrees to abide by rules and regulations associated with STATE and CPF funds to carry out PROJECT.
AGREEMENT:
1. PROJECT TO BE COMPLETED BY COUNTY
COUNTY will complete the project listed in the Project Description attached as Exhibit A. COUNTY warrants that all work set forth in the Project Description will be performed in a competent, professional and satisfactory manner.
2. TERM
Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through August 31, 2030.
3. REIMBURSEMENT AND METHOD OF PAYMENT
A. COUNTY’S REIMBURSEMENT
For PROJECT expenses pursuant to this Agreement, COUNTY will be reimbursed in accordance with the Budget attached as Exhibit B, provided, however, that in no event will the total amount of money paid to COUNTY, for costs initially contemplated by this Agreement, exceed the sum of $6,440,000 (“Agreement Sum”), unless otherwise first approved in writing by CITY. Said reimbursement shall be paid by the CITY out of STATE and CPF funds received from the Federal Government and State of California for allowable costs actually incurred and paid for the express purposes DRAFT
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ATTACHMENT 3
2 specified. The parties understand and agree that such payment, if any, shall be conditioned upon receipt of STATE and CPF funds by the CITY from the Federal and State government for purposes of this Agreement and, should said funds be inadequate, shall not be a charge on any other funds of the CITY. Funds shall be paid only after submittal of itemized invoices. An invoice must be submitted on a monthly basis as specified and provided for by the CITY. Said invoice shall give the total of all expenses paid and shall also itemize the same in detail conforming to the budget . The invoice shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subseq uent billing periods, as appropriate, through the date of the statement. After timely submittal and approval of each invoice, the CITY will disburse funds in favor of the COUNTY in the approved amount.
B. SCHEDULE OF PAYMENT
Provided that COUNTY is not in default under the terms of this Agreement, upon presentation of an invoice, COUNTY will be paid the reimbursement described in Paragraph 3.A. above, according to the Budget CITY shall, within 45 days of receiving such statement, review the statement and pay all approved charges. The reimbursement requested under this agreement must be expended by August 31, 2030. COUNTY must invoice CITY for all funding under this agreement by July 15, 2030 to ensure CITY expenditure by August 31, 2030.
4. CONSIDERATION
Upon completion of PROJECT, COUNTY will lease to CITY, approximately 1,982 square feet of exclusive office space on the 2 nd floor of the PROJECT, and 3,517 square feet of common areas, community areas, storage areas; in addition to designated parking areas on the PROJECT property. Said common areas also include a 700 square ft. Community/Conference Room, a 120 sq. ft. Kitchenette Break Room and adjacent restrooms, all located on the first floor, west wing of the PROJECT property. Venice Family Clinic is al so proposed to be located on the first floor of the PROJECT property. The term of the lease will be for twenty -five years from the time of execution of the lease and rent shall be gratis.
5. TERMINATION OF AGREEMENT
A. Termination by CITY for Convenience.
1. CITY may, at any time, terminate the Agreement for CITY’s convenience and without cause.
B. Termination for Cause.
1. In accordance with 2 CFR 200.214, suspension or termination may occur if COUNTY materially fails to comply with any term of the Agreement.
If either party fails to perform any term, covenant or condition in this Agreement and that failure continues for 15 calendar days after the nondefaulting party gives the defaulting party written notice of the failure to DRAFT
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3 perform, this Agreement may be terminated for cause; provided, however, that if during the notice period the defaulting party has promptly commenced and continues diligent efforts to remedy the default, the defaulting party will have such additional time as is reasonably necessary to remedy the default.
2. In the event this Agreement is terminated for cause by the default of COUNTY, CITY may, at the expense of COUNTY and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection with this Agreement, and the money payable thereon, will be forfeited to and remain the property of the CITY. All moneys due COUNTY under the terms of this Agreement will be retained by CITY, but the retention will not release COUNTY and its surety from liability for the default. Under these circumstances, however, COUNTY and its surety will be credited with the amount of money retained, toward any amount by which the cost of completion exceeds the Agreement Sum and any amount authorized for extra services.
3. Termination for cause will not affect or terminate any of the rights of CITY as against COUNTY or its surety then existing, or that may thereafter accrue because of the default; this provision is in addition to all other rights and remedies available to the CITY under law.
C. Termination for Breach of Law.
In the event COUNTY or any of its officers, directors, shareholders, employees, agents, subsidiaries or affiliates is convicted (i) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a COUNTY; (iii) under state or federal antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of Paragraph 19 of this Agreement; or for any other cause CITY determines to be so serious and compelling as to affect COUNTY’s responsibility as a COUNTY, including but not limited to, debarment by another governmental agency, then CITY reserves the unilateral right to terminate this Agreement or to impose such o ther sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it deems proper. CITY will not take action until COUNTY has been given notice and an opportunity to present evidence in mitigation.
D. If this Agreement is terminated as provided herein, CITY may require COUNTY to provide all finished or unfinished Documents and Data and other information of any kind prepared by COUNTY in connection with the performance of Services under this Agreement. COUNTY shall be required to provide such document and other information within fifteen (15) days of the request.
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4 6. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance will be excused for a period equal to the period of that cause for failure to perform.
7. RETENTION OF FUNDS
COUNTY authorizes CITY to deduct from any amount payable to COUNTY (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of COUNTY’s acts or omissions in performing or failing to perform COUNTY’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by COUNTY, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of COUNTY to insure, indemnify, and pr otect CITY as elsewhere provided in this Agreement.
8. CITY REPRESENTATIVE
Assistant City Manager, is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by CITY under this Agreement, those actions will be taken by the City Representative, unless otherwise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to COUNTY.
9. COUNTY REPRESENTATIVE(S)
The following principal(s) of COUNTY are designated as being the principal(s) and representative(s) of COUNTY authorized to act in its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement: Joyce Chang, Senior Manager.
10. INDEPENDENT CONTRACTOR
COUNTY is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its agents will have control over the conduct of COUNTY or any of COUNTY’s employees, except as otherwise set forth in this Agreement. COUNTY’s agents and employees are not and shall not be considered employees of CITY for any purpose. COUNTY may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. CITY has no duty, obligati on, or responsibility to DRAFT
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5 COUNTY’s agents or employees under the Affordable Care Act. COUNTY is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to COUNTY’s agents and employees. CITY is not responsible and shall not be held liable for COUNTY’s failure to comply with COUNTY’s duties, obligations, and responsibiliti es under the Affordable Care Act. COUNTY agrees to defend, indemnify and hold CITY harmless for any and all taxes and penalties that may be assessed against CITY as a result of COUNTY’s obligations under the Affordable Care Act relating to COUNTY’s agents and employees.
11. TRAFFICKING IN PERSONS
COUNTY, including all employees and contractors shall comply with 2 CFR Part 17 as written.
12. FAMILIARITY WITH WORK
By executing this Agreement, COUNTY warrants that COUNTY (a) has thoroughly investigated and considered the scope of services in the project description to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services required under this Agreement. If the services involve work upon any site, COUNTY warrants that COUNTY has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the services set forth in this Agreement. Should COUNTY discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, COUNTY must immediately inform CITY of that fact and may not proceed except at COUNTY’s risk until written instructions are received from CITY. COUNTY shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. COUNTY represents and maintains that it is skilled in the calling necessary t o perform the Services. COUNTY warrants that all employees and contractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, COUNTY represents that it, its employees and contractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a CITY Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the in demnification provisions of this Agreement, COUNTY shall perform, at its own cost and expense and without reimbursement from the CITY, any services necessary to correct errors or omissions which are caused by the COUNTY’s failure to comply with the standard of care provided for herein. Any employee of the COUNTY or its sub - contractors who is determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the CITY, shall be promptly removed from the Project DRAFT
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6 by the COUNTY and shall not be re-employed to perform any of the Services or to work on the Project.
13. CARE OF WORK
COUNTY must adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages to persons or property, until acceptance of the work by CITY, except those losses or damages as may be caused by CITY’s own negligence.
14. COUNTY’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
Records of COUNTY’s time pertaining to the project, and records of accounts between CITY and COUNTY, will be kept on a generally recognized accounting basis. COUNTY will also maintain all other records, including without limitation , specifications, drawings, progress reports and the like, relating to the work and services identified in Exhibit A. COUNTY will maintain these records for five years after final payment. All records will be available to CITY during normal working hours including the below:
A. Documentation of all funds expensed by COUNTY and reimbursements received from CITY.
B. Documentation of expenses as identified in the Budget. COUNTY must establish and maintain, on a current basis, an adequate accounting system in accordance with generally accepted accounting principles and standards and OMB Circular A -87. All expenditures m ust be documented by receipts, invoices, canceled checks, inventory rerecords, or other appropriate documents for non-personnel cost, and time records for personnel costs, which completely discloses the amount and nature of the expenditures.
C. Any such other related records as CITY shall require.
D. COUNTY shall submit to the CITY a monthly report (due by the 15th day of the following month) that includes a statement describing the steps and approaches taken to meet the specified goals. This report shall include a small businesses, minority businesses, women's business enterprises, veteran - owned businesses, and labor surplus area firms report for each subcontract.
This report shall include a project activity statement and shall include any PROJECT income, any joint funding, and nonexpendable and expendable personal property purchased or leased with funds. These rep orts must trace the funds awarded to a level of expenditure adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable law.
E. COUNTY shall annually make available for inspection its performance, financial and all other records pertaining to performance of this Agreement to authorized CITY, State, and HUD personnel, and allow said personnel to DRAFT
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7 inspect and monitor its facilities and PROJECT operations. The COUNTY agrees to submit all data that are necessary to complete the Annual Performance Report in accordance with HUD requirements and no later than fifteen (15) days prior to the expiration of this Agreement.
15. INDEMNIFICATION
COUNTY will indemnify, defend, and hold harmless CITY, the Successor Agency to the Former Redevelo pment Agency of the City of Torrance, the City Council, each member thereof, present and future, members of boards and commissions, their officers, agents, employees and volunteers (collectively “City Affiliates”) from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from breach of contract, bodily injury, death, personal injury, property damage, loss of use, or property loss however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of COUNTY, its officers, employees, agents, s ubcontractors, or vendors. COUNTY’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of City Affiliates, except for liability resulting solely from the negligence or willful misconduct of City Affiliates.
Payment by CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between COUNTY and CITY, as to whether liability arises from the sole negligence of City Affiliates, COUNTY will be obligated to pay for the defense of City Affiliates until such time as a final judgment has been en tered adjudicating City Affiliates as solely negligent. COUNTY will not be entitled in the event of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
16. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of CITY will be personally liable to COUNTY, in the event of any default or breach by the CITY or for any amount that may become due to COUNTY.
17. INSURANCE
A. COUNTY and its sub contractors must maintain for the duration of the Agreement at their sole expense the following insurance, which will be full coverage, not subject to self-insurance provisions:
1. Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
a. Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and
b. Primary Property Damage of at least $250,000 per
occurrence; or
c. Combined single limits of $1,000,000 per occurrence.
2. Commercial General Liability including coverage for premises, products and completed operations, independent
contractors/vendors, personal injury and contractual obligations with DRAFT
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8 combined single limits of coverage of at least $ 2,000,000 per occurrence, $4,000,000 aggregate.
3. Workers' Compensation coverage as required by the Labor Code of the State of California and, if workers' compensation is required, employer's liability insurance with minimum limits of ($1,000,000) per occurrence or occupational illness. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the COUNTY, its employees, agents and subcontractors.
B. The insurance provided by COUNTY will be primary and non-contributory.
C. CITY, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insureds under the automobile and general liability policies.
D. COUNTY must provide certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating appropriate coverage, to the City Clerk of the City of Torrance before the commencement of work.
E. Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to the CITY.
F. If the COUNTY maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the COUNTY. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
G. The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of the COUNTY.
H. COUNTY hereby grants to CITY a waiver of any right to subrogation which any insurer of said COUNTY may acquire against the CITY by virtue of the payment of any loss under such insurance. COUNTY agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.
I. Self-insured retentions must be declared to and approved by the CITY. The CITY may require the COUNTY to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, DRAFT
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9 that the self-insured retention may be satisfied by either the named insured or CITY.
18. SUFFICIENCY OF INSURERS
Insurance required by this Agreement will be satisfactory only if issued by companies admitted to do business in California, rated “ A” or better in the most recent edition of Best’s Key Rating Guide, and only if they are of a financial category Class VII or better, unless these requirements are waived by the Risk Manager of CITY (“Risk Manager”) due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decrea sed risk of loss to CITY, the COUNTY agrees that the minimum limits of any insurance policies or performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that COUNTY will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager.
19. CONFLICT OF INTEREST
A. No officer or employee of the CITY may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
B. No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a project requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any project requirement, contract or subcontract, or to any solicitation or proposal.
C. COUNTY maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for COUNTY, to solicit or secure this Agreement. Further, COUNTY warrants that it has not paid nor has it agreed to p ay any company or person, other than a bona fide employee working solely for COUNTY, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
COUNTY further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the CITY’s Filing Officer as required under state law in the performance of the Services.
For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, DRAFT
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10 shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
D. When procuring property or services, COUNTY 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), COUNTY must follow the requirements contained in paragraph B below.
E. No person who is an employee, agent, consultant, officer, or elected or appointed official of the COUNTY and who exercises or has exercised any functions 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, subcontract, 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 adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person.
F. COUNTY must contact CITY regarding any requested exceptions to this policy.
20. NOTICE
A. All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:
1. Personal delivery. When personally delivered to the recipient, notice is effective on delivery.
2. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
3. Certified mail. When mailed certified mail, return receipt requeste d, notice is effective on receipt, if delivery is confirmed by a return receipt.
4. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account , notice is effective on delivery, if delivery is confirmed by the delivery service.
5. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice, notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
6. Addresses for purpose of giving notice are as follows:
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11 COUNTY: County of Los Angeles
Chief Executive Office, Real Estate
Division
320 West Temple Street, 7th Floor
Los Angeles, California 90012
CITY: City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-2931
B. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
C. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.
21. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of CITY and COUNTY as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.
22. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or by any other rule of construction that might otherwise apply. To the extent that the terms of the Project Description or the BUDGET are inconsistent with the terms of this Agreement, the terms of this Agreement shall control. Since the Parties or their agents have participated fully in the preparation of t his Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to COUNTY include all personnel, employees, agents, and subcontractors of COUNTY, except as otherwise specified in this Agreement. All references to CITY include its elected officials, officers, employees, agents, and volunteers except as o therwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
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12 23. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.
24. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement. COUNTY shall perform the Services expeditiously, within the term of this Agreement, and in accordance with Exhibit A attached hereto and incorporated herein by reference.
COUNTY represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate COUNTY’S conformance with the Sched ule, CITY shall respond to COUNTY’S submittals in a timely manner.
25. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles County, California.
26. GENERAL SCOPE OF SERVICES
COUNTY promises and agrees to furnish to the CITY all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately rehabilitate PROJECT. The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
27. CONFORMANCE TO APPLICABLE REQUIREMENTS
All work prepared by COUNTY shall be subject to the approval of CITY.
28. COORDINATION OF SERVICES
COUNTY agrees to work closely with CITY staff in the performance of Services and shall be available to CITY’s staff at all reasonable times. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
29. SAFETY
COUNTY shall execute and maintain its work to avoid injury or damage to any person or property. In carrying out its Services, the COUNTY shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate l ife protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and DRAFT
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13 contractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
30. PROJECT INCOME
COUNTY shall comply with the project income requirements set forth in 2 CFR 200.307 At the end of the Agreement expiration/termination, COUNTY shall remit all any project income balances (including investments thereof) held by COUNTY (except those needed for immediate cash needs, cash balances or a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs).
31. REVERSION OF ASSETS
Upon the expiration of the Agreement, COUNTY shall transfer to the CITY any funds on hand at the time of expiration and any accounts receivable attributable to the use of funds.
32. UNIFORM ADMINISTRATIVE REQUIREMENTS
The COUNTY shall comply with applicable uniform administrative requirements as described in 2 CRF Part 200 for the scope of the PROJECT, including PROJECT costs not funded through this agreement.
33. AFFIRMATIVE ACTION POLICY
Provisions of Project Services
A. COUNTY shall not on the ground of race, color, national origin or sex, exclude any person from participation in, deny any person the benefits or, or subject any person to discrimination under any project or activity funded in whole or in part with PROJECT funds.
B. COUNTY shall not under any PROJECT or activity funded in whole or in part with PROJECT funds, on the ground of race, color, national origin, or sex:
1. Deny any facilities, services, financial aid or other benefits provided the PROJECT or activity.
2. Provide any facilities, services, financial aid or other benefits which are different or are provided in a different form from that provided to others under the PROJECT or activity.
3. Subject to segregated or separate treatment in any facility in, or in any matter or process related to receipt of any service or benefit under the PROJECT or activity.
4. Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the PROJECT or activity.
5. Treat an individual differently from another in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or DRAFT
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14 other requirement or condition which the individual must meet, in order to be provided any facilities, services or other benefit provided under the PROJECT or activity.
6. Deny an opportunity to participate in a PROJECT or activity as an employee.
C. COUNTY may not utilize criteria or methods of administration which have the effective of subjecting individuals to discrimination on the basis of race, color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the PROJECT or activity with respect to individuals of a particular race, color, national origin, or sex.
D. COUNTY, in determining the site or location of housing or facilities provided in whole or in part with PROJECT funds, may not make selections of such site or location which have the effect of excluding individuals from, denying from the benefits, or subjecting them to discrimination on the ground of race, color, national origin, or sex, or which have the purpose o r effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto.
E. In administering a PROJECT or activity funded in whole or in part with PROJECT funds regarding which the COUNTY has previously discriminated against persons on the grounds of race, color, national origin or sex, the COUNTY must take affirmative action to overcome the effects or prior discrimination. Even in the absence of such prior discrimination, a COUNTY in administering a PROJECT or activity funded in whole or in part with PROJECT funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin or sex. Where previous discriminatory or usage tends on the ground o f race, color, national origin, or sex to exclude individuals from participation in, to deny them the benefits or, or to subject them to discrimination under any PROJECT or activity to which PROJECT funding applies, the COUNTY has an obligation to take reasonable action to remove or overcome the consequences or the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. COUNTY shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in service or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage.
F. Notwithstanding anything to the contrary in Sections 49 A-E nothing contained herein shall be construed to prohibit any COUNTY from maintaining or constructing separate living facilities or rest room facilities for different sexes.
Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed by a member of the same sex as the recipients of the services.
34. EMPLOYMENT DISCRIMINATION
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15 A. COUNTY shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, familial status or handicap. COUNTY shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, familial status or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recr uitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training including apprenticeship. COUNTY agrees to post in a conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non -discrimination clause. COUNTY shall also comply with all relevant provisions of CITY’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
B. COUNTY shall, in all solicitations or advertisements for employees placed by or on behalf of COUNTY, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, familial status or handicap.
C. COUNTY shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by CITY’s contracting officers advising the labor union or workers’ representative of COUNTY’s commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in a conspicuous place available to employees and applicants for employment.
D. COUNTY shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
E. COUNTY shall furnish to the CITY all information and reports required by Executive Order 11246 or September 24, 1965, and by the related rules, regulations, and orders.
F. In the event of COUNTY’s failure to comply with any rules, regulations, or order required to be complied with pursuant to this Contract, CITY may cancel, terminate, or suspend in whole or in part its performance and COUNTY may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 or September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 112 46 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
G. COUNTY shall include the provisions of Section 3.2.18.2(A) -(F) in every sub - contract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No.
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16 11246 or September 24, 1965, so that such provisions will be binding upon each subcontractor rider as the CITY may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that is the event COUNTY becomes involved in, or is threatened with, litigation with a sub-COUNTY or vendor as a result of such direction by the CITY, COUNTY may request the United States to enter into such litigation to protect the interest of the United States.
H. COUNTY shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Action of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
I. COUNTY shall also provide ready access to and use of all PROJECT fund assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and with the requirements of the Americans with Disabilities Act (ADA).
35. REMEDIES
In the event of COUNTY’s failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, CITY may cancel, terminate, or suspend in whole or in part its performance and COUNTY may be declared ineligible for further government contracts and any such other sanctions as may be imposed an remedies invoked as provided by law.
36. INELIGIBILITY OF CONTRACTORS
COUNTY shall not use funds directly or indirectly in its operations or to comply, award contracts to, or otherwise engage the services of, or fund any subcontractors during any period of debarment, suspension, or placement in ineligibility status under the provisions of 2 CFR 200.214.
37. ASSIGNABILITY
This Agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. COUNTY shall not assign or transfer any interest in this Agreement, whether by assignment, delegation or novation, without the prior written consent of CITY; provided, however, that claims for money due or to become due to COUNTY from CITY under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Any assignment, delegation or novation other that as provided above shall be void, and inoperati ve. Notice of any proper assignm ent or transfer shall be promptly furnished to CITY.
38. CONDITIONS FOR RELIGIOUS ORGANIZATION
COUNTY shall comply with all applicable conditions prescribed by HUD for the use of funds by religious organization.
39. OTHER PROJECT REQUIREMENTS
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17 COUNTY shall carry out contract activities in compliance with all Federal laws and regulations, including those included in the FY2022 Economic Development Initiative Community Project Funding Grant Guide (Exhibit C) and any amendment to this guide except:
A. COUNTY does not assume the CITY’s environmental responsibilities described at 24 CFR Part 50 or Part 58; and
B. COUNTY does not assume CITY’s responsibility for initiating the review process under the provision of 24 CFR part 52. The COUNTY must furnish the CITY with any documentation the CITY deems necessary to complete the CITY’s environmental review responsibilities.
40. PREVAILING WAGES
COUNTY is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, COUNTY agrees to fully comply with such Prevailing Wage Laws. CITY shall provide COUNTY with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. COUNTY shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the COUNTY’s principal place of business and at the project site. COUNTY shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
41. COMPLIANCE WITH FEDERAL AND STATE LAW AND CERTIFICATION AND ASSURANCES.
COUNTY will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. COUNTY shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements and CPF requirements, and shall give all notices required by law. COUNTY shall be liable for all violations of such laws and regulations in connection with Services. If the COUNTY performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the CITY, COUNTY shall be solely responsible for all costs arising there from. In the event that the CITY is required to reimburse the Federal Government as a result of a determination, after audit, that COUNTY has misused funds, COUNTY shall pay CITY all disallowed sums. COUNTY shall defend, indemnify and hold CITY, its officials, directors, officers, employees and agents DRAFT
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18 free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations . The COUNTY shall secure any new permits required by authorities herein with jurisdiction over the project and shall maintain all presently required permits. The COUNTY shall ensure that the requirements of the California Environmental Quality Act are met for any permits or other entitlements required to carry out the terms of this Agreement.
COUNTY stipulates that it understands that the funds for this Contract are originally provided by the Federal Government and State Government and that consequently the expenditure of these funds is subject to specific requirements set forth in various Federal and State regulations and agreements between the CITY and the U.S. Department of Housing and Urban Development as well as the CITY and the State of California. In particular, this Agreement is subject to requirements contained in 2 CFR Part 200 and the FY2022 Economic Development Initiative Community Project Funding Grant Guide and any amendment to this guide (Exhibit C). COUNTY and CITY agree to cooperate to the fullest extent possible to ensure compliance with all Federal requirements. COUNTY further warrants that it will comply with the following requirements:
A. Compliance with Section 3 of the Housing and Urban Development Act of 1968. The requirements of Section 3 of the Housing and Urban Development Act of 1968 found at 24 CFR Part 75 apply to the PROJECT.
Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic Opportunities for Low - and Very Low-Income Persons in Connection with Assisted Projects), and the HUD regulations at 24 CFR Part 75, ensure, to the greatest extent feasible, that training, employment, contracting and other economic opportunities be directed to low- and very low -income persons, especially recipients of government assistance for housing, and to businesses that provide economic opportunities to low-and very low income persons where a proposed project is located. COUNTY must provide CITY with Section 3 compliance information for submission to HUD.
B. Requirements relating to the maintenance of a drug-free workplace.
C. Compliance with Federal Labor Standards.
D. Procurement policies listed at 2 CFR 200.3 17- 2 CFR 200.32 7. COUNTY shall provide CITY with information regarding contracting with small businesses, minority businesses, women's business enterprises, veteran - owned businesses, and labor surplus area firms.
E. Requirements forbidding interests of certain Federal officials.
F. Compliance with the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq., and EPA regulations in 40 CFR Part 40, as amended. Violations must be DRAFT
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19 reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
G. Requirements forbidding interests in this Contract by CITY and local government officials.
H. Compliance with PROJECT income and property management standards as defined in Federal Office of Management and Budget Circular A-102.
I. Upon expiration of this Agreement, the COUNTY shall transfer to the CITY any funds on hand at the time of expiration and any accounts receivable attributable to the use of funds.
J. Compliance with 2 CFR 200.334-338 and the Copeland “Anti-Kickback” Act (40 U.S.C. 3145).
K. Compliance with disposition of property acquired with CPF funds at 2 CFR 200.311-315. Upon expiration of this Agreement, the COUNTY shall transfer to the City any grant funds on hand at the time of expiration and any accounts receivable attributable to the use of grant funds. Any real property, equipment, supplies, or personal property under the COUNTY’S control that was acquired or improved in whole or in part with grant funds shall be reported to the City in compliance with closeout of federal grants 2 CFR 200.344-346.
L. Other Federal acts applicable to contracts funded with CPF.
42. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY This Agreement creates a nonexclusive and perpetual license for CITY to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other docu ments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by COUNTY under this Agreement (“Documents & Data”).
COUNTY shall require all subcontractors to agree in writing that CITY is granted a nonexclusive and perpetual license for any Documents & Data the subcontractors under this Agreement. COUNTY represents and warrants that COUNTY has the legal right to license any and all Documents & Data. COUNTY makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than COUNTY or provided to COUNTY by the CITY.
CITY shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY’s sole risk.
43. CONFIDENTIALITY
All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer PROJECT data, input record data, written information, and other DRAFT
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20 Documents and Data either created by or provided to COUNTY in connection with the performance of this Agreement shall be held confidential by COUNTY. Such materials shall not, without the prior written consent of CITY, be used by COUNTY for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to COUNTY, which is otherwise known to COUNTY or is generally kn own, or has become known, to the related industry shall be deemed confidential. COUNTY shall not use CITY’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
44. NO THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
45. LABOR CERTIFICATION.
By its signature hereunder, COUNTY certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code , and agrees to comply with such provisions before commencing the performance of the Services.
46. CERTIFICATION REGARDING LOBBYING
COUNTY certifies, to the best of his or her knowledge and belief, that:
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. 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 For m to Report Lobbying,” in accordance with its instructions.
COUNTY shall require that the language of this certification be included in the contract documents for all su bcontractors and that all subcontractors 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 t his 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.
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21 47. PROCUREMENT OF RECOVERED MATERIALS
COUNTY agrees to comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EP A) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
48. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
COUNTY will comply with 2 CFR 200.216. COUNTY will not use contract funds to:
a. Procure or obtain;
b. Extend or renew a contract to procure or obtain;
c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part o f any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera
Communications Corp oration, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
ii. Telecommunications or video surveillance services provided by such entities or using such equipment.
iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonabl y believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
iv. In implementing the prohibition under Public Law 115 –232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement DRAFT
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22 equipment and services, and to ensure that communications service to users and customers is sustained. See Public Law 115 –232, section 889 for additional information. See also § 200.471.
49. DOMESTIC PREFERENCES FOR PROCUREMENTS.
As appropriate and to the extent consistent with law, COUNTY should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured produ cts). For purposes of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non -ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates suc h as concrete; glass, including optical fiber; and lumber. COUNTY will ensure that the requirements of this section be included in all subcontracts including all contracts and purchase orders for work or products under this contract.
50. FAIR HOUSING AND CIVIL RIGHTS
Provision of PROJECT Services
COUNTY shall comply with fair housing and civil rights requirements in 24 CFR part 5 subpart A including 5.105 (a), 5.106.
51. LEAD-BASED PAINT EVALUATION AND HAZARD REDUCTION
REQUIREMENTS
COUNTY shall comply with HUD’s 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, Renovation and Painting; Pre -Renovation Education; and Lead Training and Certification (40 CFR Part 745). This applies for purchase, lease, supportive services, operation, or work that may disturb painted surfaces, of pre-1978 housing.
52. COMPUTER NETWORK
COUNTY agrees that no funds provided under the contract may be used to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography.
53. REVISION OF BUDGET AND PROJECT PLANS
COUNTY shall notify CITY of any revisions in budget and PROJECT plans in compliance 2 CFR 200.308.
54. ALLOWABLE COSTS
COUNTY may only request reimbursement for costs listed in Exhibit B and that meet the applicable requirements in 2 CFR 200 (including appendices).
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23 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
COMPLIANCE
Pursuant to the requirements of the 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations 29 CFR Part 5, COUNTY must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. No laborer or mechanic engaged in construction w ork must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contrac ts for transportation or transmission of intelligence.
56. MONITORING AND EVALUATION
CITY will monitor and evaluate COUNTY in the performance of this agreement. Authorized representatives of the CITY, HUD, and STATE shall have the right of access to all activities and facilities operated by the COUNTY under this Contract. Facilities include all files, records, and other documents related to the performance of this Contract. COUNTY will ensure the cooperation of its staff in such efforts. CITY may conduct PROJECT progress reviews. Failure of the COUNTY to comply with the requirements of this Section shall constitute a material breach of this agreement upon which the CITY may cancel, terminate or suspend this agreement.
57. AUDIT
The accounts and records of the COUNTY relating to the PROJECT shall be audited in the same manner as all other accounts and records of the COUNTY are audited and pursuant to the requirements in 2 CFR Part 200.
CITY will have access to all such books, records, documents, accounting practices and procedures, and other information for inspection, audit, and coping during normal business hours. The COUNTY will provide proper facilities for such access and inspection.
58. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the first party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.
59. ATTORNEY’S FEES
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24 Except as provided for in Paragraph 15, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment.
60. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
61. COUNTY’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of COUNTY warrant that (i) COUNTY is duly organized and existing; (ii) they are duly authorized to execute this Agreement on behalf of COUNTY; (iii) by so executing this Agreement, COUNTY is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which COUNTY is bound.
62. PUBLIC RECORDS ACT
Any documents submitted by the COUNTY; all information obtained in connection with the CITY’s right to audit and inspect the COUNTY’s documents, books, and accounting records pursuant to paragraph 14 COUNTY’s Accounting Records; Other Project Records; beco me the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 7920.000 et seq. (Public Records Act) and whic h are marked “trade secret”, “confidential”, or “proprietary”. The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction.
In the event the CITY is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked “trade secret”, “confidential”, or “proprietary”, the COUNTY ag rees to defend and indemnify the CITY from all costs and expenses, including reasonable attorney’s fees, in action or liability arising under the Public Records Act.
63. FUNDING
CITY is the recipient of grant funds from the federal and state government via STATE and CPF. The CITY has approved the provision of state and federal funds to be used to fund the PROJECT in the amount of $6,440,000.
COUNTY is to perform all services set forth in the Project Description , attached hereto as Exhibit “A” and incorporated herein by reference. If, for any reason, HUD or the State reduces the amount of the STATE and/or CPF funds or otherwise fails to pay any part of the cost or expense of the DRAFT
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25 PROJECT in this Agreement, only outstanding incurred by the COUNTY shall be eligible for reimbursement. In the event HUD or the State rescinds funding under this agreement, the CITY may immediately terminate this Agreement by written notice to the COUNTY.
CITY OF TORRANCE,
a municipal corporation
County of Los Angeles
Chief Executive Office, Real Estate Division
320 West Temple Street, 7th Floor
Los Angeles, California 90012
__________________________________
George K. Chen, Mayor
By:___________________________
Joyce Chan
Senior Manager
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By:______________________________
Jeanne-Marie K. Litvin
Deputy City Attorney III
Attachments: Exhibit A Project Description
Exhibit B Project Budget
Exhibit C FY 2022 Community Project Funding Grant Guide
Rev. 0424
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EXHIBIT A
Project Description
Subrecipient Name: County of Los Angeles
Subrecipient UEI: MKQ9AQH7R2S5
Subrecipient Award Amount 9Federal): $940,000
Subrecipient Project:
FY2022 ECONOMIC DEVELOPMENT
INITIATIVE
COMMUNITY PROJECT FUNDING
Project is a research project: No
Project cost includes indirect cost: No
Subrecipient Effective Date: July 8, 2025
Subrecipient Project Activity (Performance and
Budget) period:
July 8, 2025- July 15, 2030
Total Federal Award to City: $1,000,000
Federal Awarding Agency: United States Department of Housing and Urban Development
Award Number: B-22-CP-CA-0156
CFDA Name/Number:
14.251 Economic Development Initiative,
Community Project Funding, and Miscellaneous
Grants
Federal Award Description: Pathway Torrance, a Community Resource and Response Center
State Award: $5,500,000
The County of Los Angeles (County) and the City of Torrance (City) propose to renovate and operate the former Los Angeles County Torrance Health and Wellness Center located at 2300 West Carson Street in Torrance, California. The Torrance Health and Wellness Center, a two -story, 11,306 square foot building, was originally constructed in 1933 in a Spanish Colonial design, was renovated in 2005-06 and severely vandalized in 2006, the building has remained vacant since. The County an d City are committed to exploring a partnership to utilize the building to provide community health services to City residents and the surrounding area. The proposed project is known as the Pathway Torrance Community Health and Wellness Center.
The Los Angeles County Chief Executive Office (CEO) has put forth a proposal to have the Torrance Health and Wellness Center building serve as a hub for community wellness services by establishing a new Wellness Community on site. The proposed Wellness Community would offer a broad range of integrated services, including space for community gathering, engagement, and elderly activities. Additionally, CEO proposes to have Venice Family Clinic (VFC) run out of the Torrance Health and Wellness Center building to support overall wellness.
The project will refurbish and reuse the existing 11,306 Sq Ft County Public Health Office Building. The scope includes new roofing , heating, ventilation, air conditioning systems, elevator addition, and code compliance upgrades for ADA, electrical, plu mbing, communication systems, security systems and structural/ seismic strengthening.
Amenities include conference rooms, lactation room, gender neutral restrooms, an exterior plaza, outdoor staff seating/reading areas, electric vehicle parking, new DRAFT
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27 manicured landscaping, and a new community center. Public Works will be assisting the Los Angeles County CEO and the City of Torrance with remodeling and tenant improvements.
The project will remove one dead, unhealth and non -scenic Costal Live Oak and one healthy Coastal Live Oak which was growing between the parking lot curb and the adjacent property line fence. The removal is needed due to an infrastructure improvement allowing proper clear height emergency fire vehicles to perform a hammer head turn around within the designated parking area. The project will also remove up to 10 dead, unhealthy, undesirable or fire lane impeding trees, stubs and stumps located onsite.
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EXHIBIT B
BUDGET
Cost Categories County ARPA City of Torrance Funds
Construction, renovation, and rehabilitation
costs $ 4,265,458.00 $ 6,440,000.00
Acquisition, demolition, and site preparation $ 46,490.27 $ - Architectural and engineering fees $ 1,141,290.00 $ - Administrative costs $ 5,546,761.73 $ - $ 11,000,000.00 $ 6,440,000.00
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29 EXHIBIT C
FY 2022 CPF Grant Guide
[To be attached]
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FY2022
ECONOMIC DEVELOPMENT INITIATIVE
COMMUNITY PROJECT FUNDING
GRANT GUIDE
(Amended in accordance with the
Consolidated Appropriations Act, 2023, P.L. 117-328)
VERSION 3.0
APRIL 11, 2024
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Office of the Deputy Assistant Secretary for Economic Development Office of Economic Development
Congressional Grants Division
Washington, DC 20410
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FY2022 Community Project Funding Grant Guide (Version 3.0) Table of Contents
SECTION 1: BACKGROUND & PURPOSE 3
1.1 Program & Process Changes to the FY2022 CPF Grant Guide (Version 1.0) 3 SECTION 2: GRANT AWARD PROCESS & INSTRUCTIONS 6
2.1 Grant Award Process 7
2.1.1 FY2022 CPF Grantees with Fully Executed Grant Agreements 7
2.1.2 FY2022 CPF Grantees Yet to Attain Fully Executed Grant Agreements 8
2.1.3 FY2022 CPF Grantees with Technical Corrections 9
2.2 Specific Instructions for grantees that have not yet submitted any grant materials to HUD 9
2.2.1 Detailed Information 11
2.2.2 Project Narrative (for the entire project) 11
2.2.3 Line-Item Budget (for the entire project) 9
2.2.4 Requesting Amendments to Approved Project Narrative or Budget 9
2.2.5 Application for Federal Assistance (SF-424) 9
2.2.6 Disclosure of Lobbying Activities 9
2.2.7 Direct Deposit Sign-up Form (SF-1199A) 9
SECTION 3: FEDERAL REQUIREMENTS 19
3.1 Applicable Appropriations Act Requirements 19
3.2 Cross Cutting Federal Requirements 21
3.3 Environmental Guidance & Scenarios 33
3.3.1 Contacts & Project-Specific Assistance 33
3.3.2 Legal Framework & Policy 33
3.3.3 CPF Environmental Review Scenarios 36
3.3.4 Resources 40
SECTION 4: CONTACT INFORMATION FOR GRANT OFFICERS, SYSTEM OFFICERS, & REGIONAL ENVIRONMENTAL OFFICERS 42
SECTION 5: ATTACHMENTS 43
Attachment 1: Grant Agreement Submission Checklist 44
Attachment 2: Website Links to Key Forms and Form Instructions 45 Attachment 3: Direct Deposit Sign Up Form (SF-1199A) 46 Attachment 4: Certification Regarding Lobbying 47
Attachment 5: Change of Address Request (HUD-27056) Form 48 Attachment 6: Environmental Review Ask-A-Question (AAQ) Guide 49 Attachment 7: CPF Frequently Asked Questions (FAQs) 51
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Section 1 / Version 3 / April 11, 2024 2
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FY2022 Community Project Funding Grant Guide (Version 3.0) SECTION 1: BACKGROUND & PURPOSE
The Consolidated Appropriations Act, 2023 (P.L. 117-328) (“FY2023 Act”) provided additional flexibilities for Fiscal Year 2022 (FY2022) Community Project Funding (CPF) grantees awarded in the Consolidated Appropriation Act, 2022 (P.L. 117-103) (the FY2022 Act. These flexibilities along with changes to HUD’s modifications to the CPF grant award processes and award documents are outlined in this update to the FY2022 CPF Grant Guide Version 1.0. These changes give grantees greater discretion over the use of their grant funds.
This FY2022 CPF Grant Guide applies only to FY2022 CPF grants. FY23 and FY24 grantees should Section 1 / Version 3 / April 11, 2024 3
refer to their respective CPF Grant Guides on the HUD CPF website.
The updates to the FY2022 CPF Grant Guide also provide grant award instructions for establishing your grant in HUD’s Disaster Recovery Grant Reporting (DRGR) system which manages the payment process and periodic reporting of project status and accomplishments. These instructions detail how to complete the requested information and fill out the required administrative forms to initiate or amend your grant agreement.
These updates include information that is relevant to both grantees that have executed FY2022 CPF Grant Agreements with HUD (“current grantees”) CPF grantees that have yet to execute their FY2022 CPF Grant Agreements with HUD (“prospective grantees").
1.1 Program & Process Changes to the FY2022 CPF Grant Guide (Version 1.0) Changes to the FY2022 CPF grants resulting from the FY2023 Act are:
1) Eligible expenses now include administrative, planning, operations, and maintenance costs; 2) The grant funds may now be used for reimbursement of expenses incurred on or after March 15, 2022, and prior to the date of grant execution, as long as those expenses were “otherwise eligible;”
3) The grant funds are no longer subject to the condition that expenditures for planning and management development and administration must not exceed twenty percent (20%) of the grant amount; and
4) Technical corrections have been made to the project or recipient information Congress specifically provided for 15 of the FY2022 CPF awards as specified by section 421 of Division L of the FY 2023 Act and section 419 of title IV of Division F of the Consolidated Appropriations Act, 2024 (P.L. 18-42) (“FY2024 Act”).
Environmental Review Requirements Still Apply
CPF-supported projects must still have a completed environmental review (and, where applicable, an approved Request for Release of Funds and Certification (HUD-7015.15), as explained in Section 3 below) prior to committing Federal or non-Federal funds for choice-limiting actions or undertaking such actions on the project.
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FY2022 Community Project Funding Grant Guide (Version 3.0) In response to the FY2023 Act’s changes for FY2022 CPF grants, HUD evaluated how to provide for reimbursement of pre-agreement expenses, while ensuring adherence to all requirements that must be met to make those expenses “otherwise eligible.” Specifically, with respect to meeting environmental requirements, HUD determined that “soft costs” and “hard costs” could be reimbursed as follows:
For soft costs: HUD conducted a nationwide environmental review to clear activities such as administrative, planning, and operations and maintenance costs (including costs to prepare an environmental review). So once your grant agreement and approved budget account for these costs, you may use your grant funds to reimburse soft costs incurred on or after the date of enactment of the FY2022 Act (March 15, 2022).
For hard costs: Once your grant agreement and approved budget account for these costs, you may use your grant funds to reimburse hard costs that were incurred on or after the latter of:
o the completion date of the required project-specific environmental, and o the date of your Letter of Invitation (LOI).
Section 1 / Version 3 / April 11, 2024 4
Additional explanations of the implications of the changes made within the FY2023 Act in relation to environmental review requirements are in Section 3.
Grant Agreement Process
For FY2022 CPF grantees that already executed the FY2022 CPF Grant Agreement with HUD, as of February 28, 2023, HUD prepared an Amended and Restated Grant Agreement for FY2022 CPF Grant (FY2022 Amended & Restated Grant Agreement) to account for the changes above and make other clarifications.
For FY2022 CPF grantees without a fully executed Grant Agreement with HUD, HUD prepared a revised FY2022 CPF Grant Agreement to account for the changes above and other clarifications.
Executing the revised FY2022 CPF Grant Agreement (or FY2022 Amended & Restated Grant Agreement) allows grantees to take advantage of the increased flexibilities provided by the FY2023 Act and ensure all FY2022 CPF Grant Agreements have consistent and accurate requirements, which is vital to the effective administration of these awards.
Amendments to Approved Project Narratives or Budgets
If you choose to amend your project narrative or budget, after receiving your fully executed Grant Agreement, to take advantage of these additional flexibilities and it is still within the Congressionally- directed purpose of your award, as stated in the JES, then see Section 2.1.1 below.
PLEASE NOTE: All grantees awarded funding under the FY2022 Act have the option, but are not required, to amend their original submitted project narrative and/or budget to take advantage of these additional flexibilities.
While working with HUD to execute the Amended and Restated Grant Agreement (and change the approved budget, if necessary), current grantees may continue to make draws under their existing DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) grant agreements and approved budgets. However, HUD cannot approve draws for expenses made eligible by the FY2023 Act, until those expenses are included in an approved budget and the Grant Agreement is amended effectively to account for the FY2023 Act’s changes.
Build America, Buy America (BABA) Provisions
Following the issuance of further HUD waivers of the Build America, Buy America (BABA) provisions and a change HUD made in its recordation of obligations of FY2022 CPF grants, HUD determined that all FY2022 CPF grants are covered by at least one (1) BABA waiver. This means that the FY2022 CPF grants are no longer subject to the BABA requirements. Applicable waivers are on HUD’s website:
https://www.hud.gov/program_offices/general_counsel/BABA.
Section 1 / Version 3 / April 11, 2024 5
This remainder of this FY2022 CPF Grant Guide (Version 3.0) includes:
Section 2 – Grant Award Process & Instructions: Walks you through the updated FY2022 CPF grant award process and gives you instructions to executing your FY2022 Amended & Restated Grant Agreement or your revised FY2022 CPF Grant Agreement, whichever applicable, and steps to request payment(s).
Section 3 – Federal Requirements: Details the Federal regulations that apply to these grant funds.
Section 4 – Contact Information for Grant Officers, System Officers, & Regional Environmental Officers: Gives contact information for CPF Grant Officers, CPF System Officers, and the environmental review specialists who support you through the grant life cycle.
Section 5 – Attachments: Provides attachments including documents required in the Grant Award process.
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SECTION 2: GRANT AWARD PROCESS & INSTRUCTIONS
This section walks you through the updated processes for grantees.
Before jumping into the updated processes and instructions, please review the overall conditions applicable to all FY2022 CPF grants:
Start or Effective Date
of the Grant
The date HUD signs the grant agreement is the start date for the grant’s period of performance and budget period. However, grant funds may be used for costs incurred before this date, provided that:
(1) The soft costs are covered by HUD’s nationwide environmental review for CPF soft costs and are incurred on or after March 15, 2022, or hard costs incurred on or after the latter date of your LOI and completion of the required project-specific environmental review; and
(2) The costs meet the allowability criteria in 2 CFR 200.403(a) - (g).
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Grant End Date To give you the maximum time feasible to complete your project(s), HUD has established August 31, 2030, as the end date of the period of performance and budget period for all FY2022 CPF grants. However, notwithstanding the standard period 2 CFR 200.344(b) provides for liquidating obligations incurred under the award, HUD will NOT be responsible for making any grant payments after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30th 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, 2030.
Assistance Listing The Assistance Listing number (formerly called the Catalog of Federal Number Domestic Assistance (CFDA) number) for EDI-CPF grants is 14.251.
NOTE: CPF grants, like all awards funded by HUD, are subject to requirements under the National Environmental Policy Act (NEPA), HUD’s NEPA-implementing regulations are located at 24 CFR Part 50 or 24 CFR Part 58, and all appropriate federal environmental and historic preservation laws, regulations, and Executive Orders. CPF grants must have a completed environmental review (and, where applicable, an approved Request for Release of Funds and Certification (HUD-7015.15), as explained in Section 3.3 below) prior to committing or expending Federal or non-Federal funds towards choice-limiting actions or undertaking actions on the project. Further explanation of HUD’s NEPA requirements are detailed in Section 3.
Instructions for submitting your FY2022 CPF grant materials and requesting payment are below. A checklist of the grant award process is provided in Section 5.
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FY2022 Community Project Funding Grant Guide (Version 3.0) If you have questions about the grant award process, please contact your CPF Grant Officer listed in Section 4 of this guide.
2.1 Grant Award Process
HUD recognizes that grantees are in different phases of the grant award process and has provided a brief overview of next steps for grantees in each phase. Please work with your Grant Officer to complete the necessary steps to amend or execute your Grant Agreement depending on your grant status.
If you are awarded more than one CPF grant, HUD will not combine the grants. Each grant must be processed separately.
2.1.1 FY2022 CPF Grantees with Fully Executed Grant Agreements To include the changes noted above and clarify the applicable requirements for your grant, HUD requires you to execute the FY2022 Amended & Restated Grant Agreement which specifies the applicable statutory provisions, regulations, and administrative requirements for this award.
Amending the Grant Agreement to account for the changes detailed above will give you more discretion over the use of your grant funds. PLEASE NOTE: Even if you do not wish to make any project narrative or budget changes, you need to execute the FY2022 Amended & Restated Grant Agreement emailed to you on March 8, 2023, so all FY2022 CPF Grant Agreements include accurate and consistent requirements.
If you choose to amend your project narrative or budget, after receiving your fully executed Grant Agreement, and it is still within the Congressionally-directed purpose of your award, as stated in the JES, then you must email a formal letter to your Grant Officer requesting HUD to consider an amendment to revise your approved project narrative and/or budget. The letter must:
Be on agency letterhead addressed to the Congressional Grants Division Director; Be signed by your Authorized Representative;
Provide justification for the change; and
Include:
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o the revised project narrative and/or revised line-item budget, as applicable; o a detailed explanation of how the change(s) keeps with the intent of Congress; o why the change(s) is needed; and
o the details of the revised narrative or line-item budget.
Please retain a “copy” (either electronic and/or printed) of your signed and dated FY2022 Amended & Restated Grant Agreement for your records pending receipt of the HUD countersigned copy.
While working with HUD to execute the FY2022 Amended & Restated Grant Agreement and to change your approved project narrative and budget, if necessary, you may continue making draws under your existing grant agreement and approved budget. However, HUD cannot approve draws for expenses made eligible by the FY2023 Act, until those expenses are included in the approved budget and the Grant Agreement is amended to account for the FY2023 Act’s changes.
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2.1.2 FY2022 CPF Grantees Yet to Attain Fully Executed Grant Agreements Instructions for submitting your FY2022 CPF grant materials and requesting payment are below. If you have questions concerning the electronic submission of the grant materials, please contact your Grant Officer listed in Section 4 of this guide.
PLEASE NOTE: If you have not already done so, HUD encourages you to start the environmental review process as soon as possible. Further details on environmental review requirements is provided in Section 3.
2.1.2.1 FY2022 CPF Grantees that submitted grant materials to HUD but have not submitted the FY2022 Grant Agreement:
If you sent grant materials to HUD but have not submitted your revised FY2022 CPF Grant Agreement, HUD cannot continue to process your grant until we receive your executed:
revised FY2022 CPF Grant Agreement;
Direct Deposit Sign-up Form (SF-1199A); and
voided blank check, deposit form, or bank letter.
Also, you can, but are not required to, revise your project narrative and budget to take advantage of the changes made by the FY2023 Act.
Your next steps include:
Submitting the three documents listed above;
Submitting your amended document(s), if necessary;
Ensuring the FY2022 CPF Grant Agreement, standard forms, and Lobbying Certification (included with this updated FY2022 CPF grant guide) are all signed by your “Authorized Representative” who has legal authority to sign on behalf of your organization; and Emailing your Grant Agreement packet to your Grant Officer listed in Section 4.
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yet have an executed FY2022 CPF Grant Agreement:
If you submitted your signed FY2022 CPF Grant Agreement but have not received the HUD countersigned FY2022 CPF Grant Agreement, you need to sign the revised FY2022 CPF Grant
Agreement emailed to you on March 7, 2023.
Also, you can, but are not required to, revise your project narrative and budget to take advantage of the changes made by the FY2023 Act.
Your next steps include:
Submitting your amended document(s), if necessary;
Reviewing and have the revised FY2022 CPF Grant Agreement signed by your “Authorized Representative” who has legal authority to sign on behalf of your organization; and DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) Emailing your Grant Agreement packet to your Grant Officer listed in Section 4 of this guide.
2.1.2.3 FY2022 CPF Grantees that have not yet submitted any grant materials to HUD:
If you have not submitted your grant materials to HUD, please follow the instructions in provided in Sections 2.2 below to secure a fully executed FY2022 CPF Grant Agreement.
2.1.3 FY2022 CPF Grantees with Technical Corrections:
In a limited number of cases, Congress changed the recipient or project designated for a FY2022 CPF award as specified by section 421 of Division L of the FY 2023 Act and section 419 of title IV of Division F of the FY2024 Act. If you are affected by these Technical Corrections, then you were emailed a letter from HUD with guidance for next steps. You should follow the path detailed in Section 2.1.2 of this guide that corresponds to where you are in the grant award process.
2.2 Specific instructions for grantees that have not yet submitted any grant materials to HUD
GRANT AWARD PROCESS
HUD sends Grant FY2022 CPF Grant Award Packet includes:
Award Packet FY2022 CPF Letter of Invitation (LOI);
FY2022 CPF Grant Guide (Version 3.0);
FY2022 CPF Grant Agreement; and
Standard forms
Standard Forms:
Assistance Award/Amendment (HUD-1044) (also attached to your LOI) Application for Federal Assistance (SF-424)
Assurances for Non-Construction Programs (SF-424B)
Assurances for Construction Programs (SF-424D)
Disclosure of Lobbying Activities (SF-LLL)
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Direct Deposit Sign-Up Form (SF-1199A) (Also, see Attachment 3.) GRANTEE completes You email the FY2022 CPF Grant Agreement signed and dated by the the documents and Authorized Representative along with the below materials to your Grant Officer emails to HUD listed in Section 4 of this guide:
1. Project Narrative;
2. Project Budget; and
3. Completed standard forms.
Please Note: The information identifying the “Applicant,” “Grantee,” or “Recipient” on each document transmitted to HUD must correspond to the “Recipient” specified in the table on pages H3088 through H3183 of the Joint Explanatory Statement (JES).
Registration All entities doing business with the federal government must register in Required SAM.gov (SAM) and use a Unique Entity ID (UEI) created in SAM. The UEI DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) replaced the DUNS number, which was phased out in April of 2022. More information on this requirement is below in the Federal Requirements section in Section 3.
The UEI needs to be established in SAM before you complete and transmit your SF-424 and the Grant Agreement to HUD, because the UEI must be included in both those documents.
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HOW to Submit
Required
Information
All materials must be emailed to your Grant Officer listed in Section 4 of this guide. (Do not mail any documents to HUD.)
Your email subject line must include, in this order: Grant Number: Grantee Name: Submission of Required Grant Award Materials
(For example: B-22-CP-XX-####: Town of Anywhere: Submission of Required Grant Award Materials)
Materials can be prepared using software compatible with Microsoft Word or Excel, or as a PDF document.
WHEN to Submit HUD strongly recommends that you submit these materials as soon as possible. Please contact your Grant Officer (listed in Section 4) for assistance with completing your materials.
Requesting Payment
of Grant Funds
After the grant agreement has been signed by you and then HUD, HUD will return the executed Grant Agreement to you along with the “Grant Award Instructions.” The instructions will include steps for setting up your Action Plan in HUD’s Disaster Recovery Grant Reporting (DRGR) System.
Once your Action Plan is created in DRGR and approved by HUD (including entry of budget information consistent with the approved budget attached to your executed Grant Agreement), you may begin requesting payment(s) in accordance with your approved budget. However, to receive payment(s) for hard costs, you will also need to have a completed project-specific environmental review.
Additional information and tutorials on DRGR are available on HUD Exchange here: https://www.hudexchange.info/programs/drgr/.
As a reminder, payment of soft costs, covered by HUD’s nationwide environmental review for CPF soft costs, can be made once your Grant Agreement is executed by HUD; however, payment of hard costs can only be made after your Grant Agreement is executed by HUD AND a project-specific environmental review is completed.
Support CPF Grant Officers, listed in Section 4, are assigned by state and. Your Grant Officer can assist you with the completion of the required documents and answer any questions you may have regarding the materials that you will submit.
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FY2022 Community Project Funding Grant Guide (Version 3.0) REOs provide technical assistance to grantees and local government REs on the environmental review process and coordinate Part 50 concept meetings to determine the level of environmental review, consultation needs, and a timeline. Contact your HUD REO, listed in Section 4, with your technical assistance request(s) regarding the environmental review process.
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2.2.1 Detailed Information
A project narrative, line-item budget, and indirect cost rate information, if applicable, as described below are necessary to make sure your grant agreement contains the minimum information required by 2 CFR Part 200.211.
The grant-funded activities in your project narrative and grant-funded costs in your line-item budget must be consistent with the “project” and “amount” specified on pages H3088 through H3183 of the JES at CREC-2022-03-09-bk4.pdf (congress.gov), unless otherwise provided by the FY2023 Act. For example, the FY2023 Act clarifies that eligible expenses of these grant also include administrative, planning, operations, and maintenance costs.
As you are preparing your project narrative and budget, please note that the date HUD signs your grant agreement will be the start date for your period of performance and budget period. However, consistent with the FY2023 Act’s provisions, the grant-funded costs in your budget can include costs incurred before that start date, provided that:
(1) The soft costs are covered by HUD’s nationwide environmental review for CPF soft costs and are incurred on or after March 15, 2022, or hard costs incurred on or after the latter date of your LOI or completion of the required project-specific environmental review; and (2) The costs meet the allowability criteria in 2 CFR 200.403(a) through (g).
Lastly, use of subrecipients is subject to the conditions provided in Article III, section H of the Grant Agreement. If you intend to subaward a portion, or all, of your grant funds to a subrecipient, and have already identified that subrecipient, then that organization’s name, UEI, and an overview of their role, responsibilities, and functions to be carried out on this project must be included in the project narrative. The use of subrecipients does not relieve you of responsibility for your grant. You are responsible for all coordination with HUD on accessing all CPF grant funds, amendment requests, reporting, correspondence, grant closeout, and all other grant requirements. You are responsible for ensuring that the subrecipient(s) complies with all grant requirements. Further, you are required to ensure that your subrecipient(s) is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal programs or activities.
2.2.2 Project Narrative (for the entire project)
Content: Your project narrative must include a brief, but sufficient, scope that is consistent with the Congressional authorization for the use of the grant and information about the ENTIRE affected project (not limited to the portion funded by your grant) to inform the environmental review process.
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FY2022 Community Project Funding Grant Guide (Version 3.0) activities which are related either on a geographical or functional basis, or both, or are logical parts of a composite of contemplated actions. More information on HUD’s aggregation principles can be found at 24 CFR 58.32.
Your project narrative must also make clear which portion of the project, or specific project activities, will be funded using the HUD funds using the FY2022 CPF grant funds.
In anticipation of the required semi-annual reporting on activity types and annual reports on “Section 3 Economic Opportunity Part 75” accomplishments, the narrative should provide anticipated project goals, outputs, or outcomes, including “Section 3 Economic Opportunity Activity Performance Measures.”
The Project Narrative should include:
Project Name: Identify the “project.” This must be consistent with the “project” specified in the table on pages H3088 through H3183 of the JES at CREC-2022-03-09-bk4.pdf (congress.gov) or as provided by the technical corrections in section 421 of Division L of the FY 2023 Act and section 419 of title IV of Division F of the FY2024 Act.
Project Purpose: Provide a brief one sentence summary. Project Scope:
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o What will the CPF grant be used for?
Identify general activity categories and specify what the grant award will be used for.
o Is the CPF funded project part of a larger project?
If so, please provide a brief description of the broader project. o Has the project started? If so, please provide a brief overview of the status of the project. If the project has been started, did you initiate an HUD NEPA environmental review?
Please review HUD’s environmental review requirements in Section 3. For basic questions about the environmental review requirements or process, please reach out to the Environmental Review Ask A Question Help Desk. (See Section 5 for directions.)
For project specific questions about environmental reviews, reach out to the Regional Environmental Officers listed in Section 3 below. o Will you be using a subrecipient to implement any part of the project? (Please note HUD’s conditions on using subrecipients, which are specified in Article III, section H of the Grant Agreement) and highlighted below.
Proposed Subrecipient(s): If you intend to subaward a portion, or all, of your grant funds to a subrecipient, and have already identified that subrecipient, then that organization’s name, UEI, and an overview of their role, responsibilities, and functions to be carried out on this project.
Format: You may create your project narrative using Microsoft Word or as a PDF.
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2.2.3 Line-Item Budget (for the entire project)
As defined by 2 CFR 200.1, “budget” means the financial plan for the Federal award that the Federal awarding agency or pass-through entity approves during the Federal award process or in subsequent amendments to the Federal award.
Content: HUD needs the line-item budget to include costs for the entire project, including cost allocations for BOTH the CPF portion(s) of the project and the non-CPF portion(s) of the project.
All pertinent budgetary information should be listed and explained, such as:
the overall amount for predevelopment costs;
construction, renovation, and rehabilitation costs;
acquisition, demolition, and site preparation;
architectural and engineering fees;
initial set asides for revolving loan funds; and
administrative costs.
Format: You may create your project budget using Microsoft Excel, Microsoft Word or as a PDF.
PLEASE NOTE: The CPF portion of the line-item budget must add up to the full grant amount. The line-item budget does not have to be explicit in the use of funds under a line item, provided that the Project Narrative and line-item budget provide enough detail as a whole for HUD to make a reasonable determination that the grant-funded costs are consistent with the Congressional authorization.
2.2.4 Requesting Amendments to Approved Project Narrative or Budget If you choose to amend your project narrative or budget, after receiving your fully executed Grant Agreement, and it is still within the Congressionally-directed purpose of your award, as stated in the JES, then you must email a formal letter to your Grant Officer requesting HUD to consider an amendment to revise your approved project narrative and/or budget. The letter must:
Be on agency letterhead addressed to the Congressional Grants Division Director; Be signed by your Authorized Representative;
Provide justification for the change; and
Include:
o the revised project narrative and/or revised line-item budget, as applicable; Section 3 / Version 3 / April 11, 2024 13
o a detailed explanation of how the change(s) keeps with the intent of Congress; o why the change(s) is needed; and
o the details of the revised narrative or line-item budget.
While working with HUD to amend your approved project narrative and/or budget, you may continue making draws under your existing grant agreement and approved budget. However, HUD cannot approve draws for new or amended expenses until those expenses are included in the approved DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) budget and the Grant Agreement is amended to account for your requested project narrative and/or budget amendment(s).
PLEASE NOTE: Any changes to the project scope as originally proposed to your member(s) of Congress must be consistent with the Congressionally-directed purpose for your award, as stated in the JES. HUD does not have the authority to approve changes that depart from the Congressionally- directed purpose for your award, as stated in the JES. For example, if a grantee wants to change a project from creating a community center to creating a housing complex, the grantee will have to discuss this with their member(s) of Congress whom authorized the grant award.
After HUD approves your project narrative and budget and attaches them to the Grant Agreement, all project and budget changes will be subject to the conditions provided by 2 CFR 200.308 and Article III, section C of the Grant Agreement.
Before you expend Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, you must update your grant information in DRGR to reflect that change.
PLEASE NOTE: Amendments to previously approved project narratives or budgets may also require a revision of the environmental review for the amended project.
2.2.5 Application for Federal Assistance (SF-424)
The SF-424 is the common application form for federal funding and provides HUD with the basic information about the applicant, the project, and the project funding source(s). A link to the form can be found in Section 5.
Additional Certifications and Assurances: By checking “I agree” in box 21 of the SF-424 and signing the SF-424, the Authorized Representative will be understood to make the following additional certifications and assurances on behalf of the prospective grantee (“applicant”):
a. The governing body of the applicant’s organization has duly authorized the application for Federal assistance. In addition, by signing and electronically submitting the application, the Authorized Representative certifies that the applicant:
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(1) has the legal authority to apply for Federal assistance and the institutional, managerial, and financial capacity (including funds to pay for any non-Federal share of project costs) to plan, manage, and complete the project as described in the application (including the attached project narrative);
(2) will provide HUD any additional information it may require; and (3) will administer the award in compliance with the grant requirements as identified in the Grant Agreement or as may otherwise be provided by Federal law. b. Certification Regarding Lobbying. The Authorized Representative 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 DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) 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 applicant/grantee shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The applicant/grantee shall require that the language of this certification (which appears at 24 CFR part 87, Appendix A) 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.
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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. c. Federally recognized Indian tribes and Tribally Designated Housing Entities (TDHEs) established by a federally recognized Indian tribe, as a result of the exercise of the tribe’s sovereign power, are excluded from coverage by item b (also known as the Byrd Amendment). However, State-recognized Indian tribes and TDHEs established under State law are not excluded from the statute’s coverage and therefore agree to, and must comply with, item b above.
d. By submitting this application, the organization affirms its awareness of these certifications and assurances. The Authorized Representative submitting the application affirms that these certifications and assurances are material representations of the facts upon which HUD will rely when making an award to the applicant. If it is later determined that the signatory to the application submission knowingly made a false certification or assurance or did not have the authority to make a legally binding commitment for the applicant, the applicant may be subject to criminal prosecution, and HUD may terminate the award to the applicant organization or pursue other available remedies including false claims citation and standard clause plus 2 CFR 200.339 on noncompliance and 2 CFR 200.340 on termination.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Follow the instructions below for each box of the SF-424:
1. Check the application box
2. Check the “New” box
3. Leave blank
4. Leave blank
5. a. Enter your Grant Number (B-22-CP-XX-####)
b. Leave blank
6. Leave blank
7. Leave blank
8. a. Enter grantee’s legal name
b. Enter grantee’s EIN/TIN
c. Enter grantee’s UEI
d. Enter grantee’s complete address
e. Enter the Department and/or Division
responsible for this application
f. Enter all contact information for the person
responsible for this application
(This person can be different than your
Authorized Representative.)
9. Enter the letter or letters describing your
organization from the listing on the Instructions
for the SF-424
10. Enter US Department of Housing and Urban
Development
11. Enter 14.251 and under CFDA Title, enter
Economic Development Initiative, Community
Project Funding, and Miscellaneous Grants
12. Enter FY2022 and under Title, enter CPF
13. Leave blank
14. Enter project address(es)
15. Enter a brief description of the project and attach a more detailed, but also brief project description
and a project budget
16. See Instructions for the SF-424
17. Enter the proposed start and end dates for the
project
18. On the “Federal line,” enter only the amount of
the CPF grant. On the additional lines, enter the
amounts of your remaining funding source(s).
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If
you are receiving additional federal funds, include
those amounts on the “Other” line.
19. Check box “C”
20. Check the appropriate box
21. After review of the Additional Certifications and
Assurances above, check “I AGREE,” enter all your
Authorized Representative’s information and
have your Authorized Representative sign and
date the form to include with your emailed
submission.
2.2.6 Disclosure of Lobbying Activities
No appropriated Federal funds may be paid by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress, in connection with this “application” for Federal assistance or any award of funds resulting from the submission of this “application” for Federal assistance or its extension, renewal, amendment, or modification.
If your organization has paid or will pay funds other than Federal appropriated funds to influence or attempt to influence the persons listed above, you must complete and submit the Disclosure of Lobbying Activities (SF-LLL) form as part of your “application” submission package.
Except as provided below, you shall require that the language of the certification at 24 CFR part 87, Appendix A, 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.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Federally recognized Indian tribes and Tribally Designated Housing Entities (TDHE) 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, and do not have to submit these forms. State- recognized Indian tribes and TDHEs established only under State law must comply with this requirement.
PLEASE NOTE: If there are no lobbying activities in association with this award, you should indicate “Not applicable” on the form and submit it with your other grant materials.
UPDATE ON THE CERTIFICATION REGARDING LOBBYING:
When making updates to this guide, HUD revised the Additional Certifications and Assurances above to include the complete lobbying certification required by 24 CFR 87.100(b).
PLEASE NOTE: If your authorized representative checks “I agree” and signs the SF-424 as explained above AFTER HUD issued the updated FY2022 CPF Grant Guide (Version 2.0), then you will not be required to submit a separate “Certification Regarding Lobbying.” However, if your Authorized Representative checked “I agree” and signed the SF-424 as explained above BEFORE receiving the updated FY2022 CPF Grant Guide (Version 2.0), then you will need to sign and submit the “Certification Regarding Lobbying” that is included as an attachment at the end of this guide or sign and submit a new SF-424.
For grantees with fully executed Grant Agreement:
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If you signed the “Certification Regarding
Lobbying” when you signed the Grant Agreement, then HUD will retain that Certification and the FY2022 Amended & Restated Grant Agreement will incorporate it by reference along with the other certifications and assurances you have made.
2.2.7 Direct Deposit Sign-up Form (SF-1199A)
Please download the SF-1199A banking information form
(https://www.gsa.gov/system/files/SF1199A-20.pdf).
You must complete Sections 1 and 2 of the SF-1199A (see Attachment 3). Your bank or financial institution must complete Section 3 of this form. Ensure that you include a voided check, deposit slip, or bank letter with this form and email it to your Grant Officer.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Section 1: (To be completed by you)
A. Enter grantee’s name, address, and telephone
number
B. Enter grantee’s CPF grant number
C. Enter grantee’s EIN/TIN
D. Check the type of account you want your funds
deposited into
E. Enter the account number you want your funds
deposited into
F. Check “Other” and specify “CPF-Grant”
G. Leave Blank
H. Sign and date the form
Section 2: (Completed by you)
Government Agency Name:
HUD/Office of CPD
Government Agency Address:
451 7th Street, SW, Washington, DC 20410
(Attach voided check or deposit slip)
Section 3: (To be completed by your financial
institution)
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Section 1 of this form must be signed and dated by your Authorized Representative. PLEASE NOTE: If your Authorized Representative’s name is changed on this form, please contact your Grant Officer to submit updated documents with the new Authorized Representative’s information.
Section 3 of this form must be signed and dated by your financial institution.
Review and verify the contents on this form for its accuracy prior to submitting.
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FY2022 Community Project Funding Grant Guide (Version 3.0) SECTION 3: FEDERAL REQUIREMENTS
Changes made in this section since the FY2022 CPF Grant Guide (Version 1) include: Updates to the applicable appropriations act requirements, removal of the BABA requirements, and updates to the Environmental Review sections to account for changes made by the FY2023 Act.
The FY2022 CPF Grant Agreement will set forth all applicable regulatory requirements for your grant.
As the grantee, you are responsible for managing the project and ensuring the proper use of the CPF funds in compliance with all applicable federal requirements. You are also responsible for ensuring the completion of the project and its proper closeout.
Subject to the conditions stated in Article III, section H of the FY2022 CPF Grant Agreement, you may subaward all or a portion of your funds to one or more subrecipients, as identified in your Project Narrative (which will be incorporated in your Grant Agreement) or as may be approved by HUD in accordance with 2 CFR 200.308. As the grantee, you are responsible for ensuring each subrecipient’s compliance with federal requirements.
Below are the applicable regulatory requirements of the CPF grants. Section 3.1 details the applicable requirements of the FY2022 Act and the FY2023 Act. Section 3.2 details the applicable federal requirements standard to all HUD grants. HUD refers to these requirements as “cross-cutting” as they apply across all HUD programs.
It is important to note that if CPF funds are combined in a project budget with other Federal grant funds or the CPF funds are used on projects that are subject to other Federal grant requirements, the grantee must comply with both CPF requirements and the other Federal grant requirements.
Because CPF awards are authorized and funded through specific Congressional directives as provided by the Act, CPF awards are distinct from Community Development Block Grant funding and are not subject to Title I of the Housing and Community Development Act of 1974 or the Community Development Block Grant regulations at 24 CFR part 570.
Where statutory restrictions apply, HUD cannot provide waivers or exceptions without statutory authority to do so.
In circumstances where there is a conflict between this CPF guide and other HUD guidance, HUD will resolve the conflict.
3.1 Applicable Appropriations Act Requirements
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SUMMARY
The Project, Recipient, and
Amount of each FY2022 CPF
award
The Project, Recipient, and Amount of each FY2022 CPF award must be as consistent with the information provided in the table on pages H3088 through H3183 of the JES at CREC-2022-03-09-bk4.pdf (congress.gov) or an DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) applicable technical correction in section 421 of Division L of the FY 2023 Act.
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Eligible Expenses Consistent with the FY2023 Act’s provisions, eligible expenses of the grant may include administrative, planning, operations and maintenance, and other costs that are reasonable and necessary to carry out the “project” specified in the table on pages H3088 through H3183 of the JES at CREC- 2022-03-09-bk4.pdf (congress.gov) or as provided by the technical corrections in section 421 of Division L of the FY 2023 Act.
PLEASE NOTE: To be allowable under the grant, the cost not only must be eligible, but also must meet the cost allowability criteria in 2 CFR 200.403, unless a statute expressly provides otherwise (such as in the case of pre- award costs as noted directly above).
Pre-award costs Consistent with the FY2023 Act’s provisions, FY2022 CPF grant funds may be used to reimburse costs (including administrative, planning, operations and maintenance, and other costs) incurred before execution of the grant agreement, provided that:
(1) The soft costs are covered by HUD’s nationwide
environmental review for CPF soft costs and are incurred on or after March 15, 2022, or hard costs incurred on or after the latter date of your LOI and completion of the required project-specific environmental review; and
(2) The costs meet the allowability criteria in 2 CFR 200.403(a) through (g).
Eminent Domain No Federal funds provided under your award may be used 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 energy-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 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 brownfields, 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.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Restriction on Use of Funds
for Computer Networks
No Federal funds provided under your award may be used to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
3.2 Cross Cutting Federal Requirements
Summary
Section 3 / Version 3 / April 11, 2024 21
Uniform Administrative The requirements of 2 CFR Part 200 apply to all CPF awards.
Requirements, Cost
Principles, and Audit You are encouraged to review the provisions of these regulations including Requirements for Federal provisions related to:
Awards (2 CFR Part 200) Suspension and debarment at 2 CFR 200.214 Prohibition on certain telecommunications and video surveillance services or equipment at 2 CFR 200.216
Financial management, internal controls, and Federal payment requirements at 2 CFR 200.302, 200.303, and 200.305
Program Income requirements at 2 CFR 200.307*
Revision of budget and program plans at 2 CFR 200.308 Disposition of property acquired with CPF funds at 2 CFR §200.311 Procurement requirements at 2 CFR §200.317-327
Record retention and access requirements at 2 CFR 200.334- 200.338
Reporting requirements at 2 CFR 200.328-200.330, including on the status of property acquired with CPF funds at 2 CFR §200.330 Subrecipient monitoring and management at 2 CFR 200.331- 200.333**
Remedies for Noncompliance at 2 CFR 200.339-200.343
Closeout of federal grants at 2 CFR §200.344-346
Cost Principles at 2 CFR Part 200, subpart E
Audit requirements at 2 CFR Part 200, subpart F
*For purposes of all CPF awards, program income must be used for the purposes and under the conditions of the grantee’s specific CPF award in accordance with the addition requirements at 2 CFR 200.307(e)(2). In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income for purposes of your CPF grant, provided these costs have not been charged to the Federal award. Further technical assistance will be provided to grantees with projects that may generate program income.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Environmental Review
Requirements (24 CFR Part
50 or Part 58)
Quick Overview
(More detailed guidance
starts in Section 3.3)
All projects funded by HUD are subject to requirements under the National Environmental Policy Act (NEPA) and HUD’s NEPA-implementing regulations at 24 CFR Part 50 or 24 CFR Part 58. Environmental reviews must be completed, and a Request for Release of Funds and Certification must be approved by HUD CPD Field Office Director through issuance of the Authority to Use Grant Funds (HUD-7015.16), as applicable, prior to taking any action, to avoid violations under 24 CFR 58.22 which prohibits limitations on activities pending clearance, and Section 110(k) of the National Historic Preservation Act which prohibits anticipatory demolition or significant harm of historic properties prior to completion of the historic preservation review process known as Section 106 review.
The environmental review must be completed by a “Responsible Entity” (RE) as defined at 24 CFR 58.2(a)(7). An applicant that is a State, unit of general local government, Indian Tribe, or Alaska Native Village is the RE for the project. For other applicants, the RE is the unit of general local government within which the project is located that exercises land use responsibility, or the Indian Tribe or Alaskan Native Village jurisdiction within which the project is located that exercises land use responsibility.
REs can conduct an environmental review on behalf of other entities in their jurisdiction even if they are not the grantee. In the event that an RE that is not the grantee declines to assume responsibility for the environmental review under Part 58, you must advise HUD, and HUD will complete the environmental review under 24 CFR Part 50 or designate another RE. HUD has the option under 58.2(a)(7)(ii)(C) and 58.11(d) to designate another responsible entity.
Section 3 / Version 3 / April 11, 2024 22
Locate your nearest HUD Regional Environmental Officer(REO) here (also see Section 4 in this Guide):
https://www.hudexchange.info/programs/environmental-review/hud- environmental-staff-contacts/#region-i-regional-and-field-environmental- officers.
Further information on environmental requirements can be found here:
https://www.hudexchange.info/programs/environmental-
review/orientation-to-environmental-reviews/#overview.
You may not commit or spend ANY project funds (HUD or non-HUD funds) on hard costs or take any choice limiting actions until the project completes an environmental review. Examples of choice limiting actions include, but are not limited to, purchasing land, entering into contracts for property acquisition or construction, or physical work on the project.
Failure to comply with the prohibition on choice limiting actions and Section 110(k) can result in forfeiture of grant funds. You are encouraged to commence the environmental review process for your project as soon as possible. Under Part 58, the environmental review process is complete DRAFT
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when the Responsible Entity (RE) certifies the review and a Request for Release of Funds and Certification is approved by HUD CPD Field Office Director through issuance of the 7015.16 Authority to Use Grant Funds, as applicable. Under Part 50, an environmental review process is complete when certified by the HUD Authorizing Official.
See Section 3.3.1 below for additional detail on fulfilling environmental review requirements.
FY2022 Community Project Funding Grant Guide (Version 3.0) Section 3 / Version 3 / April 11, 2024 23
Normal indirect cost rules under 2 CFR Part 200, subpart E apply. If you intend to charge indirect costs to your award, APPENDIX 3 of the grant agreement must clearly state the rate and distribution base you intend to use. If you have a Federally negotiated indirect cost rate, your application must also include a letter or other documentation from the cognizant agency showing the approved rate.
Special instructions for state and local governments: If your department or agency unit has a Federally negotiated indirect cost rate, your application must include that rate, the applicable distribution base, and a letter or other documentation from the cognizant agency showing the negotiated rate. If your department or agency unit receives more than $35 million in direct Federal funding per year, you may not claim indirect costs until you receive a negotiated rate from your cognizant agency for indirect costs as provided in Appendix VII to 2 CFR Part 200.
If your department or agency unit receives no more than $35 million in direct Federal funding per year and your department or agency unit has developed and maintains an indirect cost rate proposal and supporting documentation for audit in accordance with 2 CFR Part 200, Appendix VII, you may use the rate and distribution base specified in that indirect cost rate proposal.
Alternatively, if your department or agency unit receives no more than $35 million in direct Federal funding per year and does not have a current negotiated rate (including provisional) rate), you may elect to use the de minimis rate of 10% of MTDC. As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. Once elected, the de minimis rate must be applied consistently for all Federal awards until you choose to negotiate for a rate, which you may apply to do at any time.
Documentation of the decision to use the de minimis rate must be retained on file for audit.
Special instructions for applicants other than state and local governments: If you have a Federally negotiated indirect cost rate, your application must clearly state the approved rate and distribution base and must include a letter or other documentation from the cognizant agency Indirect Cost Rate
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FY2022 Community Project Funding Grant Guide (Version 3.0) showing the approved rate. If your organization does not have a current negotiated rate (including provisional rate) and elects to use the de minimis rate, your application must clearly state you intend to use the de minimis rate of 10% of Modified Total Direct Costs (MTDC). As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. Once elected, the de minimis rate must be applied consistently for all Federal awards until the organization chooses to negotiate a rate, which the organization may apply to do at any time. Documentation of the decision to use the de minimis rate must be retained on file for audit.
Section 3 / Version 3 / April 11, 2024 24
Economic Opportunities for
Low-and Very Low-income
Persons: Section 3
Requirements (24 CFR Part
75) and Indian Preference
The requirements of Section 3 of the Housing and Urban Development Act of 1968 found at 24 CFR Part 75 apply to all grant recipients that are awarded $200,000 or more for projects involving housing construction, rehabilitation, or other public construction. Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic Opportunities for Low- and Very Low-Income Persons in Connection with Assisted Projects), and the HUD regulations at 24 CFR Part 75, ensure, to the greatest extent feasible, that training, employment, contracting and other economic opportunities be directed to low- and very low-income persons, especially recipients of government assistance for housing, and to businesses that provide economic opportunities to low-and very low- income persons where a proposed project is located.
You are encouraged to review the requirements of this regulation to determine ways to support the mission of increasing economic opportunity for low- and very-low-income persons and small business owners in your community. You will submit periodic reports of Section 3 accomplishment Performance Measures in DRGR. A link to DRGR guidance for reporting Section 3 accomplishments is provided below.
CPF 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.
www.hud.gov/localoffices
https://portalapps.hud.gov/Sec3BusReg/BRegistry/BRegistryHome www.EEOC.govhttp://www.dol.gov/ofccp/
https://files.hudexchange.info/resources/documents/DRGR-Guidance-on- Reporting-Section-3-Labor-Hours-Fact-Sheet.pdf
Uniform Relocation
Assistance and Real Property
Acquisitions Policies Act
With certain limited exceptions, HUD-funded programs or projects are subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) (42 U.S.C. §§ 4601 et DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) seq.), and the government-wide regulations issued by the Federal Highway Administration 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 receives 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 otherwise 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.
Section 3 / Version 3 / April 11, 2024 25
Generally Applicable HUD
requirements (24 CFR Part 5,
subpart A and 24 CFR
1000.12)
You and your subrecipients 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.
Grants to Tribes and TDHEs are subject to the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a).
Equal Participation of Faith
Based Organizations
CPF grants are subject to HUD’s regulations at 24 CFR §5.109 concerning equal participation of faith-based organizations in HUD programs and activities.
SAM registration and UEI The System for Award Management (SAM) and Universal Identifier Requirements under 2 CFR Part 25 apply.
Unless subject to the exceptions in 2 CFR 25.110 and 25.200(c), each applicant for a CPF award must:
(a) Be registered in SAM.gov before submitting an application or plan;
(b) Maintain an active SAM registration with current information, including information on a recipient’s immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which the applicant has an active Federal award or an application or plan under consideration by a Federal awarding agency; and
(c) Provide its UEI in each application or plan submitted to HUD.
As of April of 2022, all entities doing business with the federal government must use a UEI created in SAM.gov. The federal government has stopped using the DUNS number to uniquely identify entities.
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FY2022 Community Project Funding Grant Guide (Version 3.0) You must have a SAM.gov account. If your organization is already registered in SAM.gov, your UEI has already been assigned and is viewable in SAM.gov. This includes inactive registrations. The UEI is currently located below the DUNS Number on your entity registration record.
Remember, you must be signed into your SAM.gov account to view entity records. To learn how to view your UEI, go here:
https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=a05adbae1 b59f8982fe5ed7ae54bcbba.
Subrecipients may refer to the “Guide to Getting a Unique Entity ID” at SAM.gov to get a UEI.
You may contact your Grant Officer for technical assistance. Please refer to this link to begin registering in SAM.gov for your UEI number https://sam.gov/content/home.
Section 3 / Version 3 / April 11, 2024 26
The Federal Financial
Accountability and
Transparency Act of 2006,
(Public Law 109-282), as
amended (FFATA)
Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) as amended (FFATA). FFATA requires information on federal awards be made available to the public via a single, searchable website, which is www.USASpending.gov. Accordingly, your award will be subject to the requirements provided by the Award Term in Appendix A to 2 CFR Part 170, “REPORTING SUBAWARD AND EXECUTIVE COMPENSATION INFORMATION,” unless the Federal funding for the award (including funding that may be added through amendments) is not expected to equal or exceed $30,000. Requirements under this Award Term include filing subaward information in the Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS.gov) by the end of the month following the month in which the recipient awards any sub-grant equal to or greater than $30,000.
Each applicant must have the necessary processes and systems in place to comply with the Award Term in Appendix A of 24 CFR Part 170 if the applicant receives an award unless an exception applies as provided in 2 CFR 170.110.
Davis Bacon and Related
Acts (DBRA)
Compliance with Davis Bacon and Related Acts (DBRA) is not a condition or requirement for CPF grants but may be required if your project is also supported by other funds which do require adherence to the DBRA.
Suspension and debarment The governmentwide debarment and suspension regulations in 2 CFR Part 180 apply as incorporated and supplemented by HUD’s implementing regulations in 2 CFR Part 2424. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.
Prohibition Against Lobbying
Activities
You are subject to 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 DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) recipients of federal awards from using appropriated funds for lobbying the executive or legislative branches of the Federal government in connection with a Federal award. You will be required to certify in your Grant Agreement that no Federal funds have been used to lobby. In addition, applicants must disclose, using the SF-LLL, any funds, other than federally appropriated funds, that will be or have been used to influence federal employees, members of Congress, or congressional staff regarding specific awards. 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, but state-recognized Indian tribes and TDHEs established only under state law shall comply with this requirement. You must submit the SF-LLL if you have used or intend to use non-federal funds for lobbying activities.
Drug-Free Workplace The following award term applies to all grantees of CPF awards: You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) 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).
Section 3 / Version 3 / April 11, 2024 27
Trafficking in persons The following award term and condition, which is required by 2 CFR Part 175, applies as written:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in
paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency
official authorized to terminate the award to have
violated a prohibition in paragraph a.1 of this award
term through conduct that is either—
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the
standards and due process for imputing the conduct
of an individual to an organization that are provided
in 2 CFR Part 180, “OMB Guidelines to Agencies on
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FY2022 Community Project Funding Grant Guide (Version 3.0) Governmentwide Debarment and Suspension
(Nonprocurement),” as implemented by HUD at 2
CFR 2424.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an
applicable prohibition in paragraph a.1 of this award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term:
1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not compensated by you
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 or matching requirements.
2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
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3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
FY2022 Community Project Funding Grant Guide (Version 3.0) Section 3 / Version 3 / April 11, 2024 29
i. Conflicts Subject to Procurement Regulations. In the procurement of property or services by recipients and subrecipients, the conflict- of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c) shall apply.
In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), recipients and subrecipients must follow the requirements contained in paragraphs ii-v below.
ii. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient or subrecipient and who exercises or has exercised any functions 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, subcontract, 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 adoption) the spouse, parent (including a stepparent), child (including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in-laws of a covered person.
iii. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the recipient’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 recipient’s program or project, taking into account the cumulative effects of the factors in paragraph (v).
iv. Threshold requirements for exceptions. HUD will consider an exception only after the recipient has provided the following documentation:
Conflicts of Interest
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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 the public disclosure was made; and b. An opinion of the recipient's attorney that the interest for which the exception is sought would not violate state or local law.
v. Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient 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-income persons intended to be the
beneficiaries of the assisted activity, and the exception 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 responsibilities, or the decision-making process with respect to the specific 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 recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and
g. Any other relevant considerations.
vi. Disclosure of potential conflicts of interest. Recipients must disclose in writing to your CPF Grant Officer any potential conflict of interest.
FY2022 Community Project Funding Grant Guide (Version 3.0) Section 3 / Version 3 / April 11, 2024 30
If the total Federal share of the Federal award may include more than $500,000 over the period of performance, the following award term and condition applies as written:
Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Award Term and Condition
for Recipient Integrity and
Performance Matters
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FY2022 Community Project Funding Grant Guide (Version 3.0) Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. 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 information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five- year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and
condition;
(2) 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;
(3) An administrative proceeding, as defined in
paragraph 5. of this award term and condition,
that resulted in a finding of fault and liability and
your payment of either a monetary fine or penalty
of $5,000 or more or reimbursement, restitution,
or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative
proceeding if:
(i) It could have led to an outcome
described in paragraph 2.c.(1), (2), or (3)
of this award term and condition;
(ii) It had a different disposition arrived at by
consent or compromise with an
acknowledgment of fault on your part;
and
(iii) The requirement in this award term and
condition to disclose information about
the proceeding does not conflict with
applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the Section 3 / Version 3 / April 11, 2024 31
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information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five- year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a
determination of fault or liability (e.g., Securities and Exchange Commission Administrative 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 performance of a Federal contract or
grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative
agreements, and procurement contracts includes—
(1) Only the Federal share of the funding under any
Federal award with a recipient cost share or
match; and
(2) The value of all expected funding increments
under a Federal award and options, even if not yet
exercised.
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FY2022 Community Project Funding Grant Guide (Version 3.0) 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- Lead-Based Paint
Requirements
based paint rules (e.g., Repair, Renovation and Painting; Pre- DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) Renovation Education; and Lead Training and Certification (40 CFR part 745)).
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3.3 Environmental Guidance & Scenarios
An environmental review is the process of reviewing a project and its potential environmental impacts to determine whether it meets federal, state, and local environmental standards. The environmental review process is required for all HUD-assisted projects to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users.
This guidance seeks to clarify the environmental review requirements for the CPF Program for expenditure of funds for planning, administration, management, operations, and maintenance activities, as well as for development projects where construction contracts were entered into, or construction was started prior to receiving the LOI and/or completion of a satisfactory environmental review.
3.3.1 Contacts & Project-Specific Assistance
For questions about the environmental review process, please contact your REO. While your CPF Grant Officer can assist with programmatic questions, your REO can assist with environmental review requirements for individual projects.
HUD will be providing trainings on environmental reviews and has an extensive body of existing environmental review training and resources which can be found here:
https://www.hudexchange.info/programs/environmental-review/. HUD has also created a technical assistance “Ask A Question” (AAQ) Desk for environmental review to support grantees in navigating the environmental review requirements.
Included in Section 5 is a short guide for requesting support through the AAQ desk (see Attachment 6).
3.3.2 Legal Framework & Policy
Grant Agreement
The Grant Agreement is the legally binding document that outlines requirements and incorporates assurances and certifications for your project. The Grant Agreement must be signed by HUD prior to the grantee drawing down funds for reimbursement.
Environmental Review, Federal Nexus, & Choice-Limiting Actions HUD or the RE will be required to complete an environmental review of ALL project activities and work that took place or is proposed to take place following the date of enactment (March 9, 2024) regardless of funding source. See HUD’s aggregation principles at 24 CFR 58.32 for more information on project aggregation. A “Federal Nexus” is defined as the event that, by its occurrence, triggers the requirements for federal environmental review under a host of laws, regulations, and Executive Orders.
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FY2022 Community Project Funding Grant Guide (Version 3.0) The date of your LOI is the Federal Nexus for the FY2022 CPF program. For FY2022 CPF grantees, the date of the LOI (Federal Nexus) was sometime between July 18-20, 2022.
After the Federal Nexus, you are prohibited from taking new choice-limiting actions related to hard costs, including commitment or expenditure of HUD and non-HUD funds, until a satisfactory environmental review has been completed for the aggregated project. HUD’s aggregation requirements under 24 CFR 58.32 state that environmental reviews must group together and evaluate as a single project all individual activities which are related either on a geographical or functional basis or are logical parts of a composite of contemplated actions. More information on HUD’s aggregation principles can be found at 24 CFR 58.32. A satisfactory environmental review must include analysis of the applicable environmental laws and authorities, a determination that the project activities will not result in environmental harm that cannot be mitigated, consultation with federal/state agencies in a manner that allows for mitigation measures/conditions to be implemented by the grantee, and a Request for Release of Funds and Certification (RROF/C) for the project that has been approved by the HUD CPD Field Office Director, if required. Most soft costs are covered by HUD’s Part 50 nationwide environmental review for CPF soft costs and can be incurred any time after the date of legislative enactment (March 15, 2022), and can be drawn down for reimbursement after the Grant Agreement for the project has been executed.
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A choice limiting action is any activity that a grantee undertakes, including committing or expending HUD or non-HUD funds, that reduces or eliminates a grantee’s opportunity to choose project alternatives that would avoid or minimize environmental impacts or enhance the quality of the human environment.
Examples of choice limiting actions include acquisition, leasing, rehabilitation, demolition, new construction, and ground disturbance work such as clearing, grading or grubbing. HUD’s prohibition on choice limiting actions at 24 CFR 58.22 is derived from the regulations of the Council on Environmental Quality implementing the National Environmental Policy Act of 1969 (NEPA), which state that (with certain exceptions), “until an agency issues a finding of no significant impact, as provided in § 1501.6 of this chapter, or record of decision, as provided in § 1505.2 of this chapter, no action concerning the proposal may be taken that would: (1) Have an adverse environmental impact; or (2) Limit the choice of reasonable alternatives.” 40 CFR § 1506.1.
In addition, the related environmental laws and authorities with which HUD must comply contain their own procedural requirements which have the effect of limiting actions that may be taken before approval of the environmental review. For example, under the National Historic Preservation Act of 1966 regulations (54 U.S.C. 300101, et seq.; 36 CFR Part 800; see 24 CFR § 50.4(a)(1)), in the early stages of project planning, the agency official must determine whether the proposed federal action is an undertaking as defined by the regulations. The agency must then determine whether it is a type of activity that has the potential to cause effects on historic properties, and if so, seek ways to avoid, minimize or mitigate any adverse effects on the property. Similarly, under Section 7 of the Endangered Species Act (16 U.S.C. 1536), the agency must ensure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of a listed species in the wild or destroy or adversely modify critical habitat.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Taking new choice-limiting actions is prohibited after the Federal Nexus until the environmental review process is complete. In addition, HUD will not be able to fund a project where work that occurred after the Federal Nexus has resulted in environmental harm or where environmental compliance with one or more of the laws and authorities cannot be achieved.
Programmatic Environmental Review for Planning, Administration, Operations & Maintenance HUD has completed a nationwide Part 50 Programmatic Environmental Review covering CPF soft costs for planning, administration, operations, and maintenance activities under the CPF program.
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Grantees can incur covered soft costs any time after the date of enactment (March 15, 2022) and following execution of the Grant Agreement, grantees may draw down funds for eligible planning, administration, operations and costs categorized as maintenance activities under CPD Notice 16-02:
Guidance for Categorizing an Activity for Maintenance. See below for a list of soft costs which are covered and not covered by HUD’s nationwide review for CPF soft costs.
Work Under Contract
Grantees can proceed with work covered by contracts that predate the date of your LOI (identified by HUD as the Federal Nexus triggering federal environmental and historic preservation laws and regulations) at your own risk.
If your organization is under a legally binding construction contract prior to the date of your LOI (Federal Nexus), work funded by non-federal funds may proceed to the extent practical and to the extent permitted in accordance with the previously executed contract. After receiving the LOI (Federal Nexus), grantees may not enter into additional construction contracts or take other new choice limiting commitments or actions, including making a commitment of HUD or non-HUD funds to the project, until an satisfactory environmental review by a RE under 24 CFR Part 58 is completed and a Request for Release of Funds and Certification (HUD-7015.15) is approved by the HUD CPD Field Office Director via certification of the Authority to Use Grant Funds (HUD-7015.16) in HEROS, if applicable; or an environmental review by HUD under 24 CFR Part 50 is completed.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Hard Costs
HUD or the RE is required to complete a satisfactory environmental review of ALL work that took place or is proposed to take place following the Federal Nexus. Grantees can undertake project activities covered under contracts entered into prior to the Federal Nexus and incur reimbursable hard costs related to construction and ground-breaking activities occurring any time after the Federal Nexus at their own risk. If work that has taken place after the Federal Nexus causes unmitigable environmental harm, is prohibited under environmental laws or HUD’s environmental regulations (e.g., damaging endangered species habitat, impacting a structure eligible for listing on the National Register of Historic Places, or work within a regulatory floodway), or precludes completion of federal consultation requirements, those project activities cannot be funded.
If a project is unable to satisfactorily complete an environmental review, HUD can potentially fund other project activities that do not require aggregation with the work started after the date of enactment, such as operations and maintenance or program services. Contact your CPF Grant Officer to discuss additional project activities that may be able to be funded on an as needed basis.
Grant funds can be drawn down for reimbursement of eligible costs covered by a satisfactory environmental review after execution of the Grant Agreement for the project.
3.3.3 CPF Environmental Review Scenarios
The below scenarios offer consideration of some common scenarios received from grantees to date about the status of their projects and next steps.
In order for CGD and the Office of Environment and Energy (OEE) to best assist you in determining your next steps, you should submit your project narrative and budget to your CGD Grant Officer.
This will enable HUD to:
1) initiate the Grant Agreement, and
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2) work with grantees to determine the level of environmental review necessary for the project.
1. Can I use my planning and administration funds prior to completion of my environmental review?
Prior to the completion of the aggregated environmental review for the project, grantees can incur reimbursable soft costs covered by HUD’s nationwide environmental review for CPF soft costs, any time after the date of enactment (March 15, 2022). A list of covered CPF soft costs can be found in HUD’s Part 50 Programmatic Environmental Review for CPF Soft Costs and such costs can be drawn down for reimbursement after execution of the Grant Agreement.
2. Can I use my planning and administration funds to cover the costs to complete an environmental review?
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FY2022 Community Project Funding Grant Guide (Version 3.0) Yes. The costs to complete an environmental review are eligible under the planning, administration, management, and maintenance activities covered by HUD’s Part 50 Programmatic Environmental Review for CPF Soft Costs discussed in Scenario 1 above. Again, grantees may incur reimbursable soft costs any time after the date of enactment (March 15, 2022) but can only request payment for those costs after the Grant Agreement has been fully executed.
3. Who will conduct the environmental review for my project? You must reach out to the Unit of General Local Government (UGLG) in which the project is located and that has some level of land use responsibility, to request that they serve as the Responsible Entity (RE) and conduct the ER for your project. This can be the local municipality, county, or state in which the project is located in. If your local government refuses to serve as RE and conduct the ER, please reach out to your Regional Environmental Officer for next steps.
4. Who is responsible for implementing mitigation measures required by the environmental review?
Grantees are responsible for tracking and implementing any mitigation measures required by the environmental review. Please work with your local government responsible entity and Regional Environmental Officer if you have any questions about your responsibilities associated with carrying out mitigation requirements.
5. I was awarded a grant that is for a 100% planning activity. Do I have to complete an environmental review?
Based on your project narrative, your Grant Officer will confirm that your project is for planning only activities.
As mentioned above, HUD has completed a programmatic environmental review for all planning activities within the CPF portfolio.
Thus, if you have a planning only grant, you do not have to conduct a new environmental review because the review has already been completed by HUD.
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You must have a fully
executed Grant Agreement to draw down HUD funds for reimbursement of eligible activities.
6. I completed my project before receiving a signed grant agreement from HUD. Can I be reimbursed?
Some activities may be reimbursable depending on their timing and nature. Soft costs covered by HUD’s nationwide environmental review for CPF soft costs that were incurred after the date of enactment (March 15, 2022) can be reimbursed after the execution of the Grant Agreement.
Eligible hard costs incurred after the LOI (Federal Nexus) and the completion of a satisfactory environmental review are reimbursable after the execution of the Grant DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) Agreement. See Federal Nexus and Choice-Limiting Actions section above for more information on HUD’s project aggregation principles and what is included in a satisfactory environmental review process.
For activities that fall outside of the scope of eligibility for reimbursement, HUD may be able to fund a related activity associated with the completed project. HUD’s CPF Grant Officers will work with you to determine if there are other elements of the CPF-referenced project that can be funded in keeping with the intent of Congress.
7. I have started construction on my project with non-HUD funds, but plan to use HUD funds for a portion of my project:
a. Do I have to stop work on the project if the work was under contract prior to the LOI (Federal Nexus)?
HUD is not directing grantees to stop construction work in instances where a construction contract was entered into prior to the LOI (Federal Nexus). In such cases, work funded by non-federal funds may proceed to the extent practical, and to the extent permitted in accordance with the previously executed contract. Grantees may not enter into additional construction contracts or make other choice-limiting commitments or actions, including commitments of HUD or additional non-HUD funds to the project after the LOI (Federal Nexus) without the completion of a satisfactory environmental review covering the aggregated scope of the project. An environmental review must be completed before HUD funds and new commitments of non-HUD funds can be used on a project.
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However, HUD does recommend that grantees stop work after receiving the LOI (Federal Nexus), as a best practice. If any work conducted results in environmental harm that cannot be mitigated (e.g., damaging endangered species habitat, impacting a structure eligible for listing on the National Register of Historic Places), or precludes completion of federal consultation requirements, those project activities may not be able to be funded. For these reasons, continuing with work has risk of ineligibility for funding.
b. Do I have to stop work on a project if there isn’t a contract in place? If you are using your own workforce to do the work and can stop work – i.e., there is no preexisting legal obligation with another party to continue the construction activities – you must pause construction until the environmental review is completed. c. How is the environmental review conducted when the project is underway under an existing contract?
Upon receiving the LOI (Federal Nexus), federal compliance requirements apply to the project and HUD funds cannot be expended on work that results in environmental harm that cannot be mitigated. A satisfactory environmental review is necessary to determine the environmental impacts of the project.
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FY2022 Community Project Funding Grant Guide (Version 3.0) While CPF funds can be used for soft costs incurred after enactment (March 15, 2022) and hard costs incurred after the LOI (Federal Nexus), an environmental review is required for activities taking place after receiving the LOI (Federal Nexus). However, the project scope may require aggregation with previously undertaken project activities under HUD's aggregation regulations at 24 CFR 58.32. Contracts or commitments that were entered into prior to enactment, but consist of work that will continue after enactment, may proceed at their own risk, as a satisfactory environmental review is required for all activities taking place after enactment (March 15, 2022).
Analysis with the environmental laws and authorities must be conducted and determine that there hasn’t been environmental harm that cannot be mitigated, and that consultation with federal/state agencies is conducted in a manner that allows for mitigation measures/conditions to be implemented.
Please Note: If a satisfactory environmental review cannot be completed for any reason, work with your Grant Officer and REO to determine next steps.
8. I have a completed environmental review, but I do not have an executed Grant Agreement. Can I start using HUD funds?
Soft costs covered by HUD’s nationwide environmental review for CPF soft costs can be Section 3 / Version 3 / April 11, 2024 39
incurred any time after the date of enactment (March 15, 2022) and can be drawn down for reimbursement after the execution of the Grant Agreement. Eligible hard costs can be incurred after the LOI (Federal Nexus) and can be drawn down for reimbursement after the execution of the Grant Agreement and the completion of a satisfactory environmental review for the aggregated project.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Figure 1: FY2022 CPF Payment Request Process Flow
3.3.4 Resources
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Applicable Appropriations Acts:
Consolidated Appropriations Act, 2022
Consolidated Appropriations Act, 2023
CPF Program Resources:
CPF Landing Page
CPF Grant Officer Portfolio Assignments
FY22 CPF Cost Eligibility Chart
CPF Environmental Review Resources:
HUD Environmental Contacts
Guidance for Documenting the Environmental Review Record for CPF Grants Request for Release of Funds (RROF) Point-of-Contact for CPF Grants Ask A Question (AAQ) Help Desk for CPF
Sample MOA between a Responsible Entity and CPF Non-profit Grantee General Environmental Review Resources:
24 CFR Part 58: Procedures for Entities Assuming HUD Environmental Responsibilities HEROS - HUD Environmental Review Online System
Environmental Review Training
HUD's Nationwide Part 50 Programmatic Environmental Review for CPF Soft Costs:
FY22 Part 50 CPF-Soft-Costs-Nationwide ERR
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Hard Costs
Incurred before
July 18-20, 2022
Not Eligible
Incurred after
July 18-20, 2022
Incurred after ER
process completed
Eligible
Incurred before ER
process completed
Contractual
obligation in place
before July 18-20,
2022
Physical work took
place after July 18-
20, 2022
Eligible
Contract executed
after July 18-20,
2022
Not Eligible
FY2022 CPF Payment Eligibility Chart
Soft Costs
Incurred before
March 15, 2022
Not Eligible
Incurred after
March 15, 2022
Eligible
NOTE: This chart assumes that eligible costs are for activities covered by the project scope of a satisfactory environmental review. See FY22 CPF ER Guidance for more details.
Costs are incurred at the point the service is performed (not when the contract is signed or when the customer is billed).
For a complete list of covered soft costs see FY22 Part 50 CPF-Soft- Costs-Nationwide ERR .
Supporting Docs:
- Date ER Process Completed
- Executed Work Contract(s)
- Grantee Accounting Records
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SECTION 4: CONTACT INFORMATION FOR GRANT OFFICERS, SYSTEM OFFICERS, & REGIONAL
ENVIRONMENTAL OFFICERS
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Below is a link to the CPF Grants: Grant Officer Portfolio Assignments, System Officer Portfolio Assignments, and REO contact information for your state. https://www.hud.gov/sites/dfiles/CPD/documents/Community-Project-Funding-Portfolio- Assignments.pdf
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FY2022 Community Project Funding Grant Guide (Version 3.0) SECTION 5: ATTACHMENTS
Attachment 1: Grant Agreement Submission Checklist
Attachment 2: Website Links to Key Forms and Form Instructions Attachment 3: Direct Deposit Sign-up Form (SF-1199A)
Attachment 4: Certification Regarding Lobbying
Attachment 5:
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Change of Address Request (HUD-27056) Form
Attachment 6: Ask-A-Question (AAQ) Technical Assistance Guide Attachment 7: CPF Frequently Asked Questions (FAQs) – Updated March 2024 DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) Attachment 1: Grant Agreement Submission Checklist
To assist you with completing the required materials, please make sure that you have completed the following:
You have an active SAM.gov registration.
The legal name of the funding recipient in the SF-424’s Block 8 is the same as the entity named in the statutory language.
The amount of the requested grant (in the SF-424’s #18 “Federal Line”) is the same as the amount authorized in the statutory language, less any rescission. The funding source amounts in the SF-424’s #18 block matches the funding source amounts in the budget.
The SF-424 is complete, properly executed, and dated. This form must be signed and dated by the grantee’s Authorized Representative.
The SF-424B, if required, is completed. This form must be signed and dated by the grantee’s Authorized Representative.
The SF-424D, if required, is completed. This form must be signed and dated by the grantee’s Authorized Representative.
The SF-LLL, if applicable, is complete and dated. This form must be signed and dated by the grantee’s Authorized Representative.
o If the grantee does engage in lobbying, then #10 should be completed. o If the grantee does not engage in lobbying, then #10 should indicate “Not applicable.” The project narrative describes the ENTIRE project and indicates the specific activities that will be financed with CPF grant funds.
The project budget details the project’s overall budget AND indicates the specific activities that will be financed with EDI-CPF grant funds.
o The budget must also match the grantee’s response to #18 on the SF-424. o The project budget is consistent with the requirements of the applicable appropriations acts and cost principles in 2 CFR part 200. Indirect Cost Rate
o Will you charge Indirect Costs to the Grant? ☐ Yes ☐ No o If yes, are you opting for which of the following:
De Minimis Rate (10% of MTDC)
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Federally Negotiated Indirect Cost Rate Agreement:
____________________
_______________________
Approving Agency:
Approved Rate and Base:
o Is Appendix 3 of the Grant Agreement filled out as appropriate? ☐ Yes ☐ No DRAFT
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FY2022 Community Project Funding Grant Guide (Version 3.0) Attachment 2: Website Links to Key Forms and Form Instructions Below are website links to key forms and form instructions for your FY2022 CPF Grant. Assistance Award/Amendment (HUD-1044):
https://www.hud.gov/sites/documents/1044.pdf
Application for Federal Assistance (SF-424):
https://www.hudexchange.info/resource/306/hud-form-sf424/ Section 5 / Version 3 / April 11, 2024 45
o Form: https://apply07.grants.gov/apply/forms/sample/SF424_4_0-V4.0.pdf o Instructions: https://apply07.grants.gov/apply/forms/instructions/SF424_4_0-V4.0- Instructions.pdf
Assurances for Non-Construction Programs (SF-424B): https://www.grants.gov/forms/sf- 424-family.html
o Form: https://apply07.grants.gov/apply/forms/sample/SF424B-V1.1.pdf o Instructions: https://apply07.grants.gov/apply/forms/instructions/SF424B-V1.1- Instructions.pdf
Assurances for Construction Programs (SF-424D): https://www.grants.gov/forms/sf-424- family.html
o Form: https://apply07.grants.gov/apply/forms/sample/SF424D-V1.1.pdf o Instructions: https://apply07.grants.gov/apply/forms/instructions/SF424D-V1.1- Instructions.pdf
Disclosure of Lobbying Activities (SF-LLL): https://www.hudexchange.info/resource/308/hud- form-sflll/
Direct Deposit Sign-up Form (SF-1199A): https://www.gsa.gov/system/files/SF1199A-20.pdf o Also, see Attachment 3.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Attachment 3: Direct Deposit Sign-up Form (SF-1199A)
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FY2022 Community Project Funding Grant Guide (Version 3.0) Attachment 4: 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.
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_________________________________________________
_________________________________________________
_________________________________________________
(Signature of Authorized Official)
(Typed Name and Title of Authorized Official)
(Date)
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FY2022 Community Project Funding Grant Guide (Version 3.0) Attachment 5: Change of Address Request (HUD-27056) Form If your official address changes, please complete this form and email to your Grant Officer for processing. NOTE:
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This form is not required for changes in your project address if that address differs from your official address. However, you must email your Grant Officer if your project address changes.
https://www.hud.gov/sites/documents/27056.PDF
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FY2022 Community Project Funding Grant Guide (Version 3.0) Attachment 6: Ask-A-Question (AAQ) Technical Assistance Guide Section 5 / Version 3 / April 11, 2024 49
The Ask-A-Question tool on HUD Exchange has been expanded to provide technical assistance for CPF grants. You can access the website by going to https://www.hudexchange.info/program-support/my- question/.
The first step in submitting a question is to fill in the Personal Information fields. All the fields are required.
Once you have entered your personal information, please select I am a… “HUD Grantee.” If your organization or community is listed, please select the correct grantee name.
If you do not find your entity’s name, select “Other – Please Specify” in the I am box and you will be able to provide the entity name in the Other box.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Once you have identified yourself, select the button for Step 2.
You will be taken to Step 2 of 2 after a prompt to review your personal information. Please select “CPF: Community Project Fund” in the My question is related to… box. Then add a subject line, enter your question, and upload any applicable documents. Submit your question.
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FY2022 Community Project Funding Grant Guide (Version 3.0) Attachment 7: CPF Frequently Asked Questions (FAQs)
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Below is a link to the CPF FAQs.
https://www.hudexchange.info/resource/6777/cpf-faqs/
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FY2022 Community Project Funding Grant Guide (Version 3.0)
PAPERWORK REDUCTION ACT
Economic Development, Community Project Funding/Congressionally Directed Spending U.S. Department of Housing and Urban Development
OMB Approval No 2506-0217
Public Reporting Burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. Response to this collection of information is mandatory to obtain a benefit. The information requested does not lend itself to confidentiality. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number.
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