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HomeMy WebLinkAboutU.S. HOUSING AND URBAN DEVELOPMENT - 1999 ", 1999 Empowelent Zone PlanniDl! and ImPleme.!tion Grant NO. EZ-99-CA-OOOI /1--lÝq9-c;¡~oB GRANT AGREEMENT This Grant Agreement is between the Department of Housing and Urban Development ("000") and the State of California; and the City of Santa Ana, California; ("Nominating Entities") pursuant to the authority of Tide IX of Public Law 105-34. The Empowerment Zone's ("EZ) strategic plan, as may be amended.by the provisions of this Grant Agreement, is hereby incorporated into this Agreement. In reliance upon and in consideration of the mutual representations and obligations -ñereunder, OOD ancfilieNominating Entities agree as follows: Subject to the provisions of the Grant Agreement, HUD will make planning and implementation grant funds in the amount of $3,000,000 available to the EZ. The Nominating Entities agree to abide by the following: ARTICLE 1. HUD Requirements. The Nominating Entities agree to comply with the following requirements for which HUD has enforcement responsibility: A. The grant funds will only be used for activities necessary to implement the strategic plan, which is incorporated by reference and made part of this agreement as may be modified by Article VI (A) of this Grant Agreement. Grant funds used for planning activities will be used only for the activities described at 24 CFR 598.400. The Agreement does not limit the amount of grant funds that may be used for eligible planning activities. B. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: I. For projects involving housing, the requirements of the Fair Housing Act (42 U.S.c. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. 2. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.c. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part' I. 3. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S,c. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Retki1itation Act of 1973 (29 U.S.c. 7~ and implementing regulations at 24 CFR Part 8. 4. The requirements of 24 CFR 5.105( a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 5. For those grants funding constIllction covered by 24 CFR 135, tRe requirements of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.c. 1701u) which requires that economic opportunities generated by celiain HUD financial assistance shall, to the greatesfextent feasible, be given to low- and very low-income persons and to businesses that provide economic opportunities for these persons. 6. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with OOD's responsibilities under these Orders, the Nominating Entities must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. 24 CFR Pali 85.36(e) describes actions to be taken by the Nominating Entities to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 7. The Nominating Entities where applicable shall maintain records of its efforts to comply with requirements cited in Paragraphs I through 6 above. C. Administrative requirements of OMB Ciretrlar A-133 "Audits of States, Local governments and Non-Profit Organizations". D. The Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requirements of OMB Circular A-87 regarding Cost Principles for State and Local Governments. E. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Nominating Entities obtain certifications and disclosures from all covered persons. F. Restrictions on participation by ineligible, debarred or suspended persons or entities as described in Executive Order 12549 and at CFR 24 Pmi 5. I 05( c). G. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, as implemented by regulations at 49 CFR Pari 24. H. The Nominating ~ties will comply with all accessilty requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 794) and implementing regulations at 24 CFR Part 8, where applicable. 1. ENVIRONMENTAL REVIEW REQUIREMENTS: The Nominating Entities agree that no funds received under this grant agreement will be committed or spent prior to OOD's signed approval of an environmental certification from the Nominating Entities. ARTICLE II. Conditions Precedent to Drawdown. The Nominating Entities may not draw down grant funds until the following actions have :taken place: . A. The Nominating Entities and 000 have executed a grant agreement. B. The Nominating Entities have received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying and by 24 CFR 24.5 IO(b) regarding ineligibility, suspension and debarment. C. The Nominating Entities have submitted certifications pursuant to the requirements of 24 CFR Part 50.3 (i), and has received approval from HUD that funds may be expended on activities not exempt from the requirements of 24 CFR Pan 50. (Exempt activities are only those listed in 24 CFR 50.19) D. HUD must approve Request for Release of Funds, Form 7015, prior to drawdown of grant funds. E. The Nominating Entities shall submit Implementation Plans for the $3 million being made available the first year of the designation. For the remainder of t'he designation period, the Nominating Entities shall submit Implementation Plans for the EZ according to a schedule to be determined by HUD. ARTICLE III. Drawdowns. A. A request by the Nominating Entities to draw down grant funds under the Voice Response Access system or any other payment system constitutes a representation by the Nominating Entities that it and all participating parties are complying with the terms of this Grant Agreement. . . B. The Nominating Entities will be paid on an advance basis provided that they minimize the time elapsing between transfer of the grant funds and disbursement for project purposes and otherwise follow the requirements of 24 CFR Part 85 and TreasUlY Circular 1075 (31 CFR Part 205). ARTICLE Iv. Progress Repolis. A. The Nominating Entities shall submit annual reports on progress against the EZ Strategic Plan, as required in 24 CFR 598.415. Annual reports shall be in a format required by HUD. B. Revocation of designation. The Secretary may revoke the designation on the basis of the periodic progress determination described at CFR 24598.420, subject to the requirements of598.430 (c), (d), and (e). U.S. Department of Housiland Urban Development !2 I ,J A Authorized ~náture -1A~ Title ~1l\qo¡ Date Mayor Title S-/r-'í'í Date ATTE3¡ ~'C~C"("""""'." ",,';ý.~ . r."" . ",... r.~ "c,'" CLc,,", ',;. i ,- "",',," p.-~ City Mâ"agl.!f APPROVED AS TO FORM (~~,{~ LISA E, STORCK Assistant City AtlornClv State of califO~ ~æ ~- - Title /ÍjJ ¿f2.,-:z:" ~ '7fV"'~ 1J ~ ?J ~ Date . . ADDENDUM TO 1999 EMPOWERMENT ZONE AND IMPLEMENTATION GRANT The Grant Agreement for 1999 Empowerment Zone Planning and Implementation Grant No, EZ-99-CA-000l, among the Department of Housing and Urban Development and the named nominating entities is hereby amended by to include the following revisions: ARTICLE I, PARAGRAPH I, ENVIRONMENTAL REQUIREMENT is revised to read: The City of Santa Ana, California in accordance with 24 cFR 50.3(h), hereby assures: A. That it will assist HUD in carrying out its responsibilities pursuant to 24 CFR Part 50; B, That it shall supply HUD with all ayailable relevant information necessary for HUD to perform for each affected property any environmental review required by 24 cFR Part 50, C. That it will carry out such mitigating measures as may be required by HUD, or, in the altemative, select other eligible property; D. That it will not acquire, rehabilitate, convert, lease, repair or construct property, nor commit or expend HUD or local funds for these program activities with respect to any eligible property, until HUD's approval of the property is received, ARTICLE II, CONDITIONS PRECEDENT TO DRAWDOWN, is I'd vised by deleting paragraphs C and 0, and substituting for tlíèm a new paragraph C, to read as follows: The City of Santa Ana, California must obtain written notice ITom the Director ofthe Division of Community Planning and Development in the appropriate HUD Field Office providing environmental approval before committing or expending HUD or local funds for acquisition, rehabilitation, conversion, lease, repair or construction of property, Certain actiyities listed at 24 CFR 50.19 do not require enyironmental review, except in extraordinary circumstances. The City should contact the Director of the HUD Field Office's Division of Community Planning and Development with any questions, or for further assistance. . U.S. Department of Housing and Urban Development 1ill&wG:r-.! ¿; Iii b ~ :0 City of Santa Ana, California Mayor ATTEST: ¡;þ~G~-/r ~ 0 f the Council City ~hnager APPROVED AS TO FORM c7t-.' [ ~ LISA E. STORCK Assistant City Attorney . ~/I(/9J Date s I/ð/'l'ì Da{~ .-'.W" (:~~:) ".."",-' . . . . u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D,C, 20410,7000 OFFICE OF TIlE ASSISTANT SECRETARY FORCOMMUNITY FLANNING AND DEVBLOFM'NT JON 3 - 1999 MEMORANDUM FOR: Cardell Cooper, Assistant Secretary for Community Planning and Development, 0 -FROM, Dami, """, :¡;~ Coonlin."', D EEZ ~ ~ SUBJECT: Execution of Empowerment Zone Round II Grant Agreements Attached is a Memorandum of Agreement (MOA), Grant Agreement and Addendum for the Round II designated Empowerment Zones listed below. The MOAs, Grant Agreements and Addendums have been signed by all of the appropriate State and local EZ entities, The MOA goyems the full ten year designation period while the Grant Agreement covers the $3 million ofHUD funds allocated for the first year. Subsequent funding, with Congress' approval, will come ITom the Department of Health and Human Services, as it did in the first round of Empowerment Zone designations in 1994. Please sign and date the MOA, the Grant Agreement and the Addendum on behalf of the Denartment. Executed copies will be sent to the participating entities for their records. The City of Santa Ana, Califomia EZ-99-CA-OOOI Empowerment Zone Urant Number Attachment