09-095 US Dept of Housing & Urban DevelopmentFunding Approval/Agreement
Title I of the Housing and Community
Development Act (Public Law 930383)
HI-00515R of 20515R
(as shown in item 5 of Standard Form 424)
City of Cupertino
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424)
10300 Torre Avenue
Cupertino, CA 95014
U.S. Department of Housing and Urban Development
Office or Community Planning and Development
Community Development Block Grant Program
3. Grantee's 9-digit Tax ID Number
94-6027368
5a. ProjecUGrant No. t
B-09-MY-06-0057
5b. ProjecUGrant No. 2
4. Date use of funds may begin
6/5/2009
6a. Amount Apf
$105,013
6b. Amount Apr
CDBG-R Appropriations Code: 869/00161 5c. ProjecUGrant No. 3 6c. Amount Approved
DUNS #- ~~.~ a 5 ~,y ~-1
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Ac[ of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the
HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions,
constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon
execution of the Agreement by the parties. The funding assistance specified in the Fending Approval may be used to pay costs incurred after the date specified in item
4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with
funding assistance specified here unless [hey are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval.
The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the
Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by
sub-recipient entities to which it makes fundine assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name) ~ Grante~,Name ~ ~ ,
Maria Cremer
Title Title
Acting Director, Community Planning and Development ~ I -~ M(~ ,(~ ('y ~iy~ (~
Signature/j ! Date (mm/ddtyyyy) S e ~ ~ Date (mm/dd/yyyy) C
7. Category of Title I Assistance for this Funding Action 8. Special Condi ion 9a. Date HUD Received Submission 10. check one
(check only one) (check one) 6/5/2009 ®a
Orig
Funding
® .
.
a. Entitlement, Sec 106(b) ^ None 9b. D antee Notified
~~
~ Approval
^ b. State-Administered, Sec 106(d)(1) ®Attached `
;~;.,'~ ,,' ~ I~~ ^ b. Amendment
^ c. HUD-Administered Small Cities, Sec 106(d)(2)(B) 9c. Date of Start of Program Year Amendment Number
^ d. Indian CDBG Programs, Sec 106(a)(1)
^ e. Surplus Urban Renewal Funds, Sec 112(b) 11. Amount of Community Development
^ f. Special Purpose Grants, Sec 107 Block Grant FY 2009 FY FY
^ g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee $105,013
b. Funds now being Py~proved $105,013
c. Reservation to be Cancelled $0.00
11a minus 11b
12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency
N/A N/A
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Gran[ Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive
loan guarantee assistance, and agrees to comply with the ternts and
conditions of the Agreement, applicable regulations, and other
requirements of HUD now or hereafter in effect, pertaining to the
assistance provided it.
12c. Narr>,; of Authorized Official for Designated Public Agency
N/A
title
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy)
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d
0
m~~~ooo
(mm/ddtyyyy) ~ Date Entered LOCCS (mm/dd/yyyy)
Project Number Amount
~~
Pr~rbe~ Amount
Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD-7082
SPECIAL CONDITIONS TO THE GRANT AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS
AUTHORIZED AND APPROPRIATED
UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(PUBLIC LAW 111-5, FEBRUARY 17, 2009)
CDBG-R GRANTEE: City of Cupertino
CDBG-R GRANT NUMBER: B-09-MY-O~i-0057
CDBG-R GRANT AMOUNT: $105,013
CDBG-R APPROVAL DATE: ~ >
d
Special Conditions:
The terms of the Grant Agreement include the following special conditions:
1. The Grant Agreement between the U.S. Department of Housing and Urban Development
(HUD) and the above named Grantee, is made pursuant to the authority of Title XII of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the Recovery Act).
The Grantee acknowledges that the CDBG-R ;;rant is one-time funding.
2. The Grant Agreement is governed by and the Grantee shall comply with the requirements of
the Recovery Act; the Notice of Program Requirements for Community Development Block
Grant Program Funding under the American Recovery and Reinvestment Act of 2009, 74
Fed. Reg. 21816 (May 11, 2009) available at l-~ttp://www.hud.gov/recovery/cdblock.cfm (as
now in effect and as may be amended from time to time) (the Notice); Title I of the Housing
and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (as modified
by the Notice); and, the HUD regulations at 24~ CFR part 570 (as now in effect and as may be
amended from time to time) as modified by th~~ Notice (the Regulations). The Grantee's
submissions, the Notice, the Funding Approval/Agreement (form HUD-7082) and the special
conditions described herein are incorporated by reference and constitute part of the Grant
Agreement. Submissions include the CDBG-IZ action plan substantial amendment, including
the certifications and assurances and any information or documentation required to meet any
grant award conditions. In the event of conflict between a provision of the Grantee's
submissions and any other provision of this Giant Agreement document, the latter shall
control.
3. The Grantee shall comply with government wide guidance and standard award terms
established by the Office of Management and :Budget (OMB) concerning the implementation
of the Recovery Act, including Requirements for Implementing Sections 1512, 1605, and
1606 of the American Recovery and Reinvestrr,~ent Act of 2009 for Financial Assistance
Awards, 74 Fed. Reg. 18449 (Apri123, 2009) (to be codified at 2 CFR Part 176) (as now in
effect and as maybe amended from time to time). Notwithstanding the foregoing, the
CDBG-R Special Grant Conditions Page 1 of 2
Grantee shall comply with Section 110 of the t~DBG Statute concerning the Davis-Bacon
Act. The Grantee shall comply with reporting requirements established by HUD and OMB
(including all revisions to such reporting requirements), as well as Sections 1511, 1515, and
1553 of the Recovery Act (including impleme~lting guidance).
4. The Grantee shall at all times maintain an up-to-date copy of its Grantee Submission,
including all amendments approved by HUD, ~~n its Internet website as required by the
Notice. The Grantee shall maintain information on all drawdowns, deposits, and
expenditures of grant funds and program income under this Grant Agreement and any other
records required by applicable law, in its files, and shall make such information available for
audit or inspection by duly authorized representatives of HUD, HUD's Office of the
Inspector General, the Recovery Act Transpar~:ncy Board, or the Comptroller General of the
United States.
5. In addition to other lawful remedies, HUD resrrves the right to restrict access to grantees'
CDBG-R funds for delinquent, incomplete, or inaccurate reporting. This includes the right to
suspend access to the Integrated Disbursement and Information System (IDIS) should the
Grantee fail to comply with quarterly CDBG-IZ reporting requirements.
6. The Grantee may take advantage of the pre-award costs provisions at 24 CFR 570.200(h) to
incur pre-award costs associated with the development of the substantial amendment to the
action plan beginning May 5, 2009. The Grantee may also incur costs prior to the grant
award for specific activities as of the date the (~DBG-R action plan substantial amendment
was submitted to HUD.
7. The Grantee is advised that providing false, fictitious or misleading information with respect
to CDBG-R funds may result in criminal, civil or administrative prosecution under 18 U.S.C.
§ 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute.
The Grantee shall promptly refer to HUD's Office of the Inspector General any credible
evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other
person has submitted a false claim under the False Claims Act or has committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct involving CDBG-R funds.
8. In any contract involving the use of CDBG-R :Funds, the Grantee shall include, and require its
subrecipients and contractors to include, a project sign provision consistent with criteria
established by the Secretary.
9. The Grantee shall have until September 30, 2012, to expend the entire CDBG-R Grant
Amount. CDBG-R funds not expended by September 30, 2012, will be recaptured by HUD.
10. The Grantee shall extend all applicable terms rind conditions of this grant award to
subrecipients and contractors, including obtaining a DUNS number (or updating the existing
DUNS record), and registering with the Centr<<1 Contractor Registration (CCR).
11. The Grant Agreement may be amended in writing by HUD. In considering proposed
amendments to this Grant Agreement, HUD shall review, among other things, whether the
amendment is otherwise consistent with the Rf~covery Act, the Housing and Community
Development Act, the Notice and the Regulati~~ns.
CDBG-R Special Grant Conditions Page 2 of 2