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AG 15-179Funding Approval /Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI- 00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) City of Federal Way U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506 -0193 (exp 1/31/2015) 3a. Grantee's 9 -digit Tax ID Number. 91- 1462550 3b. Grantee's DUNS Number: 61- 2509901 4. Date use of funds may begin (mm/dd/yyyy): 01/01/2015 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 33325 8th Avenue South Federal Way WA 98003 5a. Project/Grant No. 1 B- 15 -MC -53 -0015 5b. Project/Grant No. 2 6a. Amount Approved $617,465.00 6b. Amount Approved 5c. Project/Grant No. 3 6c. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions/addendums, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre - agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the 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 1 and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) John W. Peters Grantee Name City of Federal Way Title Director, Community Planning and Development Title MAyOK. Signature # 0. / i Date (mm /dd /yyyy) SEP 2 3 2015 S': ire F / Date (m dd/yyyy 09 .2qa /5 7. Category o itle I Assistance for' is Funding Action e9 ry 9 (check only one) 8. Special Conditions P (check one) ❑ None 9 . Date HUD Received Submission (mm /dd /yyyy) 07/24/2015 10. check one Orig. Funding Approval Amendment Amendment Number U a. K a. Entitlement, Sec 106(b) 9b. Date Grantee Notified SERyy1 3 2015 ❑ b. ❑ b. State - Administered, Sec 106(d)(1) ❑ c. HUD - Administered Small Cities, Sec 106(d)(2)(B) ❑ d. Indian CDBG Programs, Sec 106(a)(1) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sec 107 ❑ g. Loan Guarantee, Sec 108 K Attached 9c. Date of Start of Program Year (mm /dd /yyyy) 01/01/2015 11. Amount of Community Development Block Grant FY (15 ) FY ( ) FY ( ) a. Funds Reserved for this Grantee b. Funds now being Approved $617,465.00 c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency Title Signature HUD Accounting use Only Batch TAC Program Y A Reg Area 1 5 3 1 7 6 Y Y Document No. Project Number Category Project Number Proiect Number Amount Amount Amount Effective Date (mm /dd /yyyy) F 24 CFR 570 orm HUU- 1 I Date Entered PAS (mm /dd /yyyy) Date Entered LOCCS (mm /dd /yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 orm HUU- • 8. Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ( "Funding Assistance ") shall begin on the date specified in item 4 and shall end on September 1, 2022. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2022. (Source: 31 U.S.C. 1551- 1557) (b) If Funding Assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E - Cost Principles, attach a schedule in the format set forth below to the executed Grant Agreement that is returned to HUD. The schedule shall identify each department/agency that will carry out activities with the Funding Assistance, the indirect cost rate applicable to each department/agency (including if the de minimis rate is charged per 2 CFR §200.414), and the direct cost base to which the rate will be applied. Do not include indirect cost rates for subrecipients. Administering Direct Department/Agency Indirect cost rate Cost Base (c) The grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Universal Numbering System and System for Award Management (SAM) requirements in Appendix A to 2 CFR part 25, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170. (d) The grantee, unit of general local government or Insular Area that that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non - Federal considerations, but must use such funds for activities eligible under title I of the Housing and Community Development Act of 1974 (the Act). (Source: P.L. 113 -235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund) (e) CDBG funds may not be provided to a for - profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113 -235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund) (f) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy- related, communication- related, water- related and wastewater- related infrastructure), other structures designated for use by the general public or which have other common - carrier or public - utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownsfield as defined in the Small Business Liability Relief and Brownsfield Revitalization Act (Public Law 107 -118) shall be considered a public use for purposes of eminent domain. (Source: P.L. 113- 235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title IV, General Provisions, Section 407) (g) E.O. 12372 - Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations.