HomeMy WebLinkAboutAGR-3987.T - U.S. DEPARTMENT OF HOUSING & DEVELOPMENT - HOME INVESTMENT PARTNERSHIP PROGRAMS GRANT AGREEMENTDocusign Envelope ID:09B989BD-E13A-436B-A413-918509FCCAE8
Mrs- 31oT.1
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT
FEDERAL AWARD AGREEMENT
A.General Federal Award Information
1.Recipient name(must match Unique Entity Identifier 12.Assistance listing number and title:
name)and address: 14.239,HOME Investment Partnerships Program
ORANGE
300 EAST CHAPMAN AVENUE
ORANGE,CA 92866-0000
2.Recipient's Unique Entity Identifier: 13.Amount of federal funds obligated by this action:
KF72Q5W8MG44 338,366.50
3.Tax identification number: 14.Total amount of federal funds obligated:
956000755 338,366.50
4.Federal Award Identification Number(FAIN): 15.Total approved cost sharing(if applicable):
M25MC060544 See Addendum 2
5.Instrument type: 16.Total federal award amount,including approved cost
Grant ® Cooperative agreement sharing:
Loan Guarantee ID 338,366.50
12
6 Period of performance start and end date:17.Budget approved by HUD: 12/11/202511/2025 09/30/2034
7.Budget period start and end date: 18.Fiscal year:
FY 2025 through FY 2033 See Addendum 2
8.Initial Agreement ® Amendment #19.Statutory authority:
42 U.S.C.12701 et seq
9.Indirect cost rate(per§200.414): 20.Applicable appropriations act(s):
Recipients must complete Addendum 3:Indirect Cost Public Law 118-158,Public Law 119-4
Rate Schedule
10.Is this award for research and development(per 2 21.Notice/notice of funding opportunity this award is
C.F.R.§200.1)?Yes No® made under(if applicable):
N/A
11.Awarding official name and contact information:22.Program regulations(if applicable):
Develyn Rhodes-Johnslbating CPD Direc> FF•R•Part 92
23.Federal award description:
Under the HOME Investment Partnerships Program,HUD allocates funds by formula among eligible State and local
governments to strengthen public-private partnerships and to expand the supply of decent,safe,sanitary,and
affordable housing,with primary attention to rental housing,for very low-income and low-income families.
Addendum 1.Policy Requirements
Addendum 2.Program-Specific Requirements
Addendum 3.Indirect Cost Rate Schedule
Authority and Agreement.This agreement between the U.S.Department of Housing and Urban Development(HUD)
and the Recipient is made pursuant to the statutory authority above(box 19)and is subject to the applicable
appropriations act(s)(box 20).This agreement incorporates by reference the HOME Investment Partnerships program
statute 42 U.S.C.12701 et seq.,the program regulations at 24 C.F.R.§92(as now in effect and as may be amended
from time to time),Recipient's consolidated plan/action plan,the relevant funding notice(box 21),any attached
Specific Terms and Conditions,and the attached addenda(box 23).
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Docusign Envelope ID:09B989BD-E13A-436B-A413-918509FCCAE8
U.S. Department of Housing and Urban Development—Federal Award Agreement
B.Terms and Conditions
1. General terms and requirements.The Recipient must comply with all applicable federal laws,regulations,and
requirements unless otherwise provided through HUD's formal waiver authorities.This agreement,Including
any attachments and addenda, may only be amended In writing executed by parties to this agreement and any
addenda.
2. Administrative requirements. The Recipient must comply with the following requirement(s)if checked below:
The administrative requirements in the HUD General Administrative,National,and Departmental Policy
Requirements and Terms for HUD's Financial Assistance Programs 2025,as Indicated in the relevant
NOFO,apply to this agreement.
The grantee shall comply with requirements established by the Office of Management and Budget(OMB)
concerning the Unique Entity Identifier(UEI);the System for Award Management(SAM.gov.);the Federal
Funding Accountability and Transparency Act as provided in 2 C.F.R.part 25,Universal Identifier and
General Contractor Registration;and 2 C.F.R.part 170,Reporting Subaward and Executive Compensation
Information.
3. Applicability of2C.F.R.part 200.
The Recipient must comply with the applicable requirements at 2 C.F.R.part 200,as may be amended
from time to time.If any previous or future amendments to 2 C.F.R.part 200 replace or renumber any part
200 section cited in HUD's regulations in Title 24 of the Code of Federal Regulations,the amended part
200 requirements will govern award activities carried out after the amendments'effective date.
The Recipient must comply with the applicable requirements at 2 C.F.R.part 200.If any previous
amendments to 2 C.F.R.part 200 replace or renumber any part 200 section cited in HUD's regulations in
Title 24 of the Code of Federal Regulations,the amended part 200 requirements will govern award
activities carried out after the amendments'effective date.
4. Future budget periods. If the period of performance spans multiple budget periods,subsequent budget
periods are subject to the availability of funds,program authority,satisfactory performance,and compliance
with the terms and conditions of the Federal award.
5. indirect Cost Rate.If the Recipient intends to use a negotiated or de minimis rate for Indirect costs,the
Recipient must submit an Indirect Cost Rate form to HUD,either with its application using HUD-426
competitive grants)or with this agreement using"Addendum#3"Indirect Cost Rate Schedule"(formula and
congressional grants).The submitted form/addendum will be incorporated into and made part of this
agreement,provided that the rate information is consistent with the applicable requirements under 2 C.F.R.g
200.414.If there is any change In the Recipient's indirect cost rate,it must Immediately notify HUD and
execute an amendment to this agreement to reflect the change If necessary.
6. Recipient integrity and performance matters. If the Federal share of this award is more than$500,000 over the
period of performance(box 6),the terms and conditions in 2 C.F.R.part 200 Appendix XII apply to this
agreement.
7. Recordkeeping and Access to Records.The Recipient hereby agrees to maintain complete and accurate
books of account for this award and award activities in such a manner as to permit the preparation of
statements and reports in accordance with HUD requirements,and to permit timely and effective audit.The
Recipient agrees to furnish HUD such financial and project reports,records,statements,subrecipient data,
and documents at such times,in such form,and accompanied by such reporting data as required by HUD.
HUD and its duly authorized representative shall have full and free access to all Recipient offices and
facilities,and to all books,documents,and records of the Recipient relevant to the administration,receipt,
and use of this award and award activities,including the right to audit and make copies.The Recipient agrees
to maintain records that identify the source and application of funds,including relevant subrecipient data,in
such a manner as to allow HUD to determine that all funds are and have been expended in accordance with
program requirements and in a manner consistent with applicable law.
14.239,HOME,FY 2025] Page 2 of 8
Docusign Envelope ID:09B989BD-E13A-436B-A413-918509FCCAE8
U.S. Department of Housing and Urban Development—Federal Award Agreement
Further,the Recipient hereby acknowledges that HUD is In the process of implementing new grants
management and reporting tools,which will be made available for the Recipient's use in the future.The
Recipient agrees to report on grant performance and financial activities(including vendor and cash
disbursement supporting details for the Recipient and its subrecipients)using these new tools when they are
released.HUD will work with the Recipient to support the Recipient's transition to this new reporting
environment.Once implemented,timely reporting in this new environment will be mandatory.HUD reserves
the right to exercise all of its available rights and remedies for any noncompliance with these grants
management and financial reporting requirements,to include,without limitation,requiring 100%review,
suspension of disbursements,and all other legally available remedies,to the furthest extent permitted by law,
as amended.
8. Noncompliance. If the Recipient fails to comply with the provisions of this agreement,HUD may take one or
more of the actions provided in program statutes,regulations or 2 C.F.R.§200.339,as applicable.Nothing in
this agreement shall limit any remedies otherwise available to HUD in the case of noncompliance by the
Recipient.No delay or omissions by HUD in exercising any right or remedy available to it under this agreement
shall impair any such right or remedy or constitute a waiver of or acquiescence in any Recipient
noncompliance.
9. Termination provisions. Unless superseded by program statutes,regulations or NOFOs,the termination
provisions in 2 C.F.R.§200.340 apply.
10. Build America,Buy America.The Recipient must comply with the requirements of the Build America,Buy
America(BABA)Act,41 U.S.C.§8301 note,and all applicable rules and notices,as may be amended,if
applicable.Pursuant to HUD's Notice,"Public Interest Phased Implementation Waiver for FY 2022 and 2023
of Build America,Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance"(88
Fed.Reg.17001),BABA requirements apply to any Infrastructure projects HUD has obligated funds for after
the effective dates,unless excepted by a waiver.
11. Waste,Fraud,Abuse,and Whistleblower Protections.Any person who becomes aware of the existence or
apparent existence of fraud,waste,or abuse of any HUD award must report such incidents to both the HUD
official responsible for the award and to HUD's Office of Inspector General(OIG).Allegations of fraud,waste,
and abuse related to HUD programs can be reported to the HUD OIG hotline via phone at 1-800-347-3735 or
online hotline form.The Recipient must comply with 41 U.S.C.§4712,which includes informing employees in
writing of their rights and remedies,in the predominant native language of the workforce.Under 41 U.S.C.§
4712,employees of a government contractor,subcontractor,recipient,and subrecipient—as well as a
personal services contractor—who make a protected disclosure about a Federal award or contract cannot be
discharged,demoted,or otherwise discriminated against if they reasonably believe the information they
disclose is evidence of(1)gross mismanagement of a Federal contract or award;(2)waste of Federal funds;
3)abuse of authority relating to a Federal contract or award;(4)substantial and specific danger to public
health and safety;or(5)violations of law,rule,or regulation related to a Federal contract or award.
12. Third-Party Claims. Nothing in this agreement shall be construed as creating or justifying any claim against
the federal government or the Recipient by any third party.
13. Rule of Construction and No Construction Against Drafter.Notwithstanding anything contained in this
agreement,the terms and conditions hereof are to be construed to have full and expansive effect in both
interpretation and application,and the parties agree that the principle of interpretation that holds that
ambiguities in terms or conditions are construed against the drafter shall not apply in interpreting this
agreement.
C.Federal Award Performance Goals
The Recipient must meet any applicable performance goats,indicators,targets,and baseline data as required by
applicable program requirements.
D.Specific Terms and Conditions Not applicable® Attached
14.239,HOME,FY 2025] Page 3 of 8
Docusign Envelope ID:09B989BD-E13A-436B-A413-918509FCCAE8
U.S. Department of Housing and Urban Development—Federal Award Agreement
D.Specific Terms and Conditions Not applicable® Attached
For the U.S.Department of HUD Sigono swatureba by:
Date
name and title of authorized official)
Dri K°'`°/"4°"
Develyn Rhodes-JohACtillg CPD Director 12/11/2025
31003603D83E4FA...
For the Recipient Sig Date
name and title of authorized official)
Jarad Hildenbrand, City Manager tells Is<
14.218,14.225,14.228,CDBG,FY 2025]Page 4 of 8
Docusign Envelope ID:09B989BD-E13A-436B-A413-918509FCCAE8
U.S. Department of Housing and Urban Development—Federal Award Agreement
ADDENDUM 1.POLICY REQUIREMENTS
If applicable:
1. The Recipient shall not use grant funds to promote"gender Ideology,"as defined in Executive Order
E.O.)14168,Defending Women from Gender Ideology Extremism and Restoring BiologicalTruth to
the Federal Government;
2. The Recipient agrees that its compliance in all respects with all applicable Federal anti-
discrimination laws Is material to the U.S.Government's payment decisions for purposes of section
3729(b)(4)of title 31,United States Code;
3. The Recipient certifies that it does not operate any programs that violate any applicable Federal
anti-discrimination laws,including Title VI of the Civil Rights Act of 1964;
4, The Recipient shall not use any grant funds to fund or promote elective abortions,as required by
E.O.14182,Enforcing the Hyde Amendment;and that,
5. Notwithstanding anything in the NOFO or Application,this Grant shall not be governed by Executive
Orders revoked by E.O.14154,including E.O. 14008,or NOFO requirements implementing
Executive Orders that have been revoked.
6. The Recipient must administer its grant in accordance with all applicable immigration restrictions
and requirements,including the eligibility and verification requirements that apply under title IV of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,as amended(8 U.S.C.
1601-1646)(PRWORA)and any applicable requirements that HUD,the Attorney General,or the U.S.
Citizenship and Immigration Services may establish from time to time to comply with PRWORA,
Executive Order 14218,or other Executive Orders or immigration laws.
7. No state or unit of general local government that receives funding under this grant may use that
funding in a manner that by design or effect facilitates the subsidization or promotion of illegal
immigration or shields Illegal aliens from deportation,including by maintaining policies or practices
that materially Impede enforcement of federal immigration statutes and regulations.
8. The Recipient must use SAVE,or an equivalent verification system approved by the Federal
government,to prevent any Federal public benefit from being provided to an ineligible alien who
entered the United States illegally or is otherwise unlawfully present in the United States.
9. Faith-based organizations may be subrecipients for funds on the same basis as any other
organization. Recipients may not,in the selection of subrecipients,discriminate against an
organization based on the organization's religious character,affiliation,or exercise.
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Docusign Envelope ID:09B989BD-E13A-436B-A413-918509FCCAE8
U.S. Department of Housing and Urban Development—Federal Award Agreement
ADDENDUM 2.PROGRAM-SPECIFIC REQUIREMENTS
Assistance Listing 14.239,HOME Investment Partnerships Program
1. For the purposes of this Agreement and any applicable addenda,the term"recipient"shall have the
meaning of"grantee","participating jurisdiction"as defined in 24 C.F.R.92.2.,or"insular area"as
defined in 24 C.F.R.92.2.
2. Community Housing Development Organizations(CHDOs).When 42 U.S.C.12771(b)is suspended
by a given year's appropriations,the Secretary shall not deduct funds set aside for CHDOs from the
Recipient's HOME Investment Trust Fund for failure to reserve those funds for projects owned,
developed,or sponsored by CHDOs within 24 months after the last day of the month in which HUD
notifies the Recipient of HUD's execution of this Agreement.
3. Commitment.When 42 U.S.C. 12749(g)is suspended by a given year's appropriations,the
Recipient's ability to commit funds provided through this Agreement will not expire 24 months after
the last day of the month in which such funds are deposited in the jurisdiction's HOME Investment
Trust Fund.
4. Deobligations.To the extent authorized by HUD regulations at 24 C.F.R.Part 92,HUD may,by its
execution of an amendment to this Agreement,deobligate funds previously awarded to the
Recipient without the Recipient's execution of the amendment or other consent.
5. State Environmental Review. If a Recipient is a State,as defined in 24 C.F.R.92.2,and the
Recipient provides HOME funds to a"State recipient",as that term is defined in 24 CFR 92.2,then
the Recipient must require that the"State recipient"shall assume responsibility for the
environmental review in accordance with 24 CFR 92.352 in the written agreement entered into
pursuant to 24 CFR 92.504. Notwithstanding the foregoing,as per 24 CFR 92.504(c)(1)(vi),the
State recipient"shall not assume the Recipient's responsibilities for release of funds under 24 CFR
92.352.
6. Reallocations.All funds for the specified Fiscal Year provided by HUD by formula reallocation are
covered by this Agreement upon execution of an amendment by HUD,without the Recipient's
execution of the amendment or other consent.
7. Repayments.The Recipient agrees that funds invested in affordable housing under 24 C.F.R.Part
92 are repayable when the housing no longer qualifies as affordable housing.Repayment shall be
made as specified in 24 C.F.R. Part 92.
8. Cost Sharing.This award is subject to match provisions in 24 C.F.R.92.64(a)(1)and 24 C.F.R.
92.218-222,as applicable. The amount of match that a recipient may be required to provide in a
year is not based upon the amount of the recipient's award. Under 24 C.F.R.92.218,the amount of
match that a recipient may be required to provide is determined by the type of eligible costs
incurred by the recipient and the amount of funds drawn from the HOME Investment Trust Fund
Treasury Account in that year. Since these factors are fact-sensitive,the amount of match is not
included in either Box 15 or Box 16 of this Agreement.
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Docusign Envelope ID:09B989BD-E13A-436B-A413-918509FCCAE8
U.S. Department of Housing and Urban Development—Federal Award Agreement
9. Funding Information:
Source of Funds Appropriation Code PAS Code Amount
2023 86 3/6 0205 HMF(M) 1,681.14
2024 86 4/7 0205 HMF(N) 1,261.78
2025 86 5/8 0205 HMF(P)335,423.58
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Docusign Envelope ID:09B9898D-E13A-436B-A413-918509FCCAE8
U.S. Department of Housing and Urban Development—Federal Award Agreement
ADDENDUM 3.INDIRECT COST RATE SCHEDULE
As the duly authorized representative of the Recipient, I certify that the Recipient:
IN Will not use an indirect cost rate to calculate and charge indirect costs under the grant.
LI Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided
by 2 C.F.R.§200.414(f),as may be amended from time to time.
Will calculate and charge indirect costs under the grant using the indirect cost rate(s)listed below,
and each rate listed is included in an indirect cost rate proposal developed in accordance with the
applicable appendix to 2 C.F.R.part200 and,if required,was approved by the cognizant agency for
indirect costs.
Agency/department/major function Indirect cost rate Type of Direct Cost Base
0/6
0/0
instructions for the Recipient:
The Recipient must mark the one(and only one)checkbox above that best reflects how the
Recipient's indirect costs will be calculated and charged under the grant. Do not include indirect
cost rate information for subrecipients.
The table following the third box must be completed only if that box is checked. When listing a rate
in the table,enter both the percentage amount(e.g.,10%)and the type of direct cost base to be
used.For example,if the direct cost base used for calculating indirect costs is Modified Total Direct
Costs,then enter"MTDC"in the"Type of Direct Cost Base"column.
If using the Simplified Allocation Method for indirect costs,enter the applicable indirect cost rate
and type of direct cost base in the first row of the table.
If using the Multiple Allocation Base Method,enter each major function of the organization for
which a rate was developed and will be used under the grant,the indirect cost rate applicable to
that major function,and the type of direct cost base to which the rate will be applied.
If the Recipient is a government and more than one agency or department will carry out activities
under the grant,enter each agency or department that will carry out activities under the grant,the
indirect cost rate(s)for that agency or department,and the type of direct cost base to which each
rate will be applied.
To learn more about the indirect cost requirements,see 2 C.F.R.part 200,subpart E and Appendix VII to Part
200(for state and local governments).
14.218,14.225,14.228,CDBG,FY 2025]Page 8 of 8
imENTOf
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so
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT
a*IliLos Angeles Field Office
9g,
N DEK-'
OQ 300 North Los Angeles Street,Suite 4054
Los Angeles,CA 90012
September 24,2025
Jarad Hildenbrand,City Manager
City of Orange
300 East Chapman Avenue
Orange,CA 92866-0000
SUBJECT: Fiscal Year 2025 Grant Agreement Transmittal
Dear Mr. Hildenbrand:
The Los Angeles Field Office would like to thank you for your continued partnership in
providing quality affordable housing, a suitable living environment, and expanding economic
opportunities through the Department of Housing and Urban Development (HUD)programs.
One Grant Agreement is attached for each program awarded as follows:
Community Development Block Grant Program(CDBG)1,010,888.00
HOME Investment Partnerships (HOME) 338,366.50
Total FY 2025 Award 1,349,254.50
Federal Award Agreement
Transmittal of a grant agreement does not constitute approval of the activities described
in your Consolidated Plan or Annual Action Plan. You are reminded that you, as grantee, are
responsible for ensuring that all grant funds are used in accordance with all program
requirements. By executing the Federal Award Agreement,you are entering into a legally
binding agreement with HUD to use the awarded funds and carry out the funded activities in
accordance with all Federal statutes, regulations, Federal Register notices, and award terms and
conditions that apply to those funds and activities. Please carefully note the addenda that are part
of each agreement.
HUD recognizes that some U.S. District Courts have issued injunction orders which
impact certain FY 2025 CPD formula funding grant agreement(s). To preserve all legal rights
and defenses,the enclosed grant agreement contains the same conditions at issue in those court
actions. For grantees who are plaintiffs in those court actions, HUD intends to comply with all
applicable injunction orders and will not implement or enforce the challenged conditions
consistent with those court orders, including disregarding any"certifications"or"compliance"
statements. Please return an executed copy of the grant agreement, as discussed below, and
HUD will make grant funds at issue in your agreement available consistent with all applicable
orders. Please be advised that should the injunction orders that currently prohibit HUD from
enforcing the challenged conditions as to your grant be stayed, dissolved, or reversed,the grant
agreement, with conditions, will automatically become effective.
Executing the Agreement
The authorized official must complete Addendum 3. Indirect Cost Rate Schedule for
each agreement, even if no indirect costs will be charged under the grant. Please mark one (and
only one) checkbox to reflect how indirect costs will be calculated and charged under the
grant. Please note that the Office of Management and Budget(OMB)issued revised Guidance and
the de minimis indirect cost rate increased from 10 percent to up to 15 percent of Modified Total
Direct Costs.
After inputting their name and title,the authorized official must execute each agreement,
with a signature, and date. No other additions other than those described here should be made to
the grant agreement without prior written approval. Please ensure the Chief Elected Official or
authorized official signs the agreement.
You must return the entire Federal Award Agreement, including all addenda,to this
office via the Field Office General Email Inbox: CPDLA@hud.gov. HUD will be signing the
grant agreement second and will return to your office a copy of each signed agreement for you to
maintain in your local program files.
HUD congratulates the City of Orange on your grant award(s), and we look forward to
assisting you in accomplishing your program goals. If you have any questions or need further
information or assistance, please contact your assigned Field Office representative or email our
Office at CPDLA@hud.gov.
Sincerely,
Develyn Rhodes-Johnson
CPD Director(Acting)
Office of Community Planning and
Development
Enclosure(s)
2