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HomeMy WebLinkAboutR-2025-175 Resolution authorizing the funding agreements with Housing and Urban Development (HUD) for the 2025 HOME and CDBG grant contractsA RESOLUTION RESOLUTION NO. R-2025-175 authorizing the City Manager to accept the 2025 Community Development Block Grant (CDBG) and HOME Funds and execute the Funding contracts as mandated by the Department of Housing and Urban Development (HUD). WHEREAS, the City of Yakima completed the review of the Draft 2025-2029 Consolidated Plan and 2025 Annual Action Plan on August 4, 2025, and submitted the draft document for review, as required annually by HUD for receiving federal funds; and WHEREAS, the Office of Neighborhood Development Services fulfilled the requirements for two public input meetings held on November 19, 2024, and on August 4, 2025, as well as provided an open 30 day written comment period from July 3, 2025, to August 4, 2025; and WHEREAS, the City was notified by HUD on September 24, 2025, via letter, that its allocations for the 2025 program year are $1,023,311.00 in Community Development Block Grant funding and $502,272.76 in HOME funding; and WHEREAS, the 2025 program year funding approval contracts for CDBG and HOME grants are required to be executed before funding draws can occur for the 2025 program year; and WHEREAS, the funding will be utilized pursuant to the Consolidated Plan and terms and conditions of each federal program; and WHEREAS, the City Council of the City of Yakima finds it is in the best interest of the City and its residents to execute the funding contracts for CDBG and HOME Fund Programs, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Council of the City of Yakima authorizes the City Manager to accept the program year grants and execute the funding contracts for the 2025 funding approval contracts for CDBG in the amount of $1,023,311.00 and HOME in the amount of $502,272.76, ADOPTED BY THE CITY COUNCIL this 1$ h day of November, 2025. AlIEST: salinda Ibarra, City Clerk a J 'mane. it Patricia Bye s, Mayor 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 name) and address: Yakima 129 NORTH 2ND STREET YAKIMA, WA 98901-0000 12. Assistance listing number and title: 14.239, HOME Investment Partnerships Program 2. Recipient's Unique Entity Identifier: FJNNX1XFJ9K3 13. Amount of federal funds obligated by this action: $502,272.76 3. Tax identification number: 916001293 4, Federal Award Identification Number (FAIN): M25MC530203 14. Total amount of federal funds obligated: $502,272.76 15. Total approved cost sharing (if applicable): See Addendum 2 5. Instrument type: Grant ® Cooperative agreemen Loan Guarantee ❑ 16. Total federal award amount, including approved cost sharing: $502,272.76 6. Period of performance start and end date: -09/30/2034 17. Budget approved by HUD: 7. Budget period start and end date: FY 2025 through FY 2033 18. Fiscal year: See Addendum 2 8. Initial Agreement ® Amendment El If 19. Statutory authority: 42 U.S.C. 12701 et seq 9, Indirect cost rate (per 5 200.414): Recipients must complete Addendum 3: Indirect Cost Rate Schedule 20. Applicable appropriations act(s): Public Law 118-158, Public Law 119-4 10. Is this award for research and development (per 2 C.F.R. § 200.1)? Yes ❑ No 21. Notice/notice of funding opportunity this award is made under (if applicable): N/A 11. Awarding official name and contact information: 22. Program regulations (if applicable): 24 C.F.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). Page 1 of 8 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 format 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 of 2 C.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. Q 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, § 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. RecordkeepingandAccess 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 mariner consistent with applicable law. [14.239, HOME, FY 2025] Page 2 of 8 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. 5 200.339, 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. 5 200.340 apply. 10. Build America, BuyAmerica. The Recipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. 5 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 (0IG). 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. 5 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. 5 4712, employees of a government contractor, subcontractor, recipient, and subrecipient—as welt 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 shaU 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 goals, indicators, targets, and baseline data as required by applicable program requirements. D. Specific Terms and Conditions Not applicable ►/ Attached ❑ [14 229MQME, I Page 3 of 8 U.S. Department of Housing and Urban Development— Federal Award Agreement For the U.S. Department of HUD (name and title of authorized official) Signature Date For the Recipient Signat re „! Date (name and title of authorized official) �L L} i C.-4—fv rs i e CITY CONTRACT NO:1075-t A RESOLUTION NO: 2-22-.1 +-i S [14.2HOME F1!';2025] Page 4 of 8 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 Biological Truth 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 EO.14©©8, 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 ( i« 14O171, 46) (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, Execi., ive Orr;er 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. [14.299,_HOME, 2025] Page 5 of 8 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. ©eobligations. 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. [14.239, HOME, FY 20251 Page 6 of 8 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) $2,495.50 2024 864/70205 HMF(N) $1,872.99 2025 865/80205 HMF(P) $497,904.27 11.4 a9,H2OME; _FY2 Page 7 of 8 U.S. Department of Housing and Urban Development— Federal Award Agreement ADDENDUM 3. INDIRECT COST RATE SCHEDULE As the duty authorized representative of the Recipient, I certify that the Recipient: Will not use an indirect cost rate to calculate and charge indirect costs under the grant, 0 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. ❑ Wilt 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. part 200 and, if required, was approved by the cognizant agency for indirect costs. Agency/depa enfimajo unction Indirect cost rate Type of Direct Cost Base 0/© l.aslac_tions fQrtbe Recipint: The Recipient must mark the one (arid 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). [14.239, HOME,2025] Page 8 of 8 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.K. For Meeting of: November 18, 2025 Resolution authorizing the funding agreements with Housing and Urban Development (HUD) for the 2025 HOME and CDBG grant contracts (No General Fund Impact) SUBMITTED BY: Bill Preston, Community Development Director SUMMARY EXPLANATION: The City received the draft funding agreements from HUD on September 24, 2025, to be awarded the following amounts: • Community Development Block Grant (CDBG): $1,023,311.00 • HOME Investment Partnerships (HOME): $502,272.76. The City's 2025 program year for the HOME and CDBG grants began October 1st and ends September 30, 2026. The 2025-2029 Consolidated Plan and the 2025 Annual Action Plan that City Council adopted on August 4, 2025, identifies how these funds will be used. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution - 2025 CDBG and HOME Grants Acceptance.docx Fiscal Year 2025 Grant Agreement Transmittal CDBG Contract.pdf HOME Contract.pdf