R2023-155 Resolution Authorizing Agreements with U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) Funds and HOME Investment Partnership (HOME) FY2023 Grant Funds

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DocuSign Envelope ID:8D3F658E-379C474A-A379-CFFEEE41474D 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 brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government 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 Act. (f) 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. (g) 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 lI, Community Development Fund). (h) The Grantee must comply with the requirements of the Build America, Buy America(BABA)Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. 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 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements,unless excepted by a waiver.