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99-0817_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_HUD Grant AgreementAUG, -11-1999 12:20 FRC11 N7SSAMAN/OC TO 2483433 P.02 HUD GRANT AGREEMENT This Agreement is made by and between the City of San Juan Capistrano ("City") and the Boys & Girls Club of Capistrano Valley ("Club"). RECITALS 1. The City applied to the United States Department of Housing and Urban Development ("HUD") for a grant to be used for the construction of a youth facility by the Club. A copy of the City's grant application is attached as Exhibit A and is incorporated into this Agreement by reference. 2. That grant application was accepted, and HUD has agreed to a Five Hundred Thousand Dollar ($500,000) grant to the City, which will, in tum, sub -grant the moneys to the Club for the construction of the Club's new facility. As part of that grant process, the City is required to enter into a "Grant Agreement" with HUD setting forth certain requirements and responsibilities of the City. Attached as Exhibit B, and incorporated into this Agreement by reference, is an unexecuted copy of the "Grant Agreement" that the City must enter into with HUD. In a separate correspondence, HUD has advised that Davis -Bacon requirements to not apply to this EDI Special Project grant, unless it is combined with other funding which does require adherence to Davis -Bacon. 3. Among the City's responsibilities pursuant to the "Grant Agreement" is that it enter into a contract with the Club, as the sub -grantee, giving the Club responsibility for designated aspects of project performance as identified in the City's application and the "Grant Agreement." This Agreement is meant to satisfy that requirement of the "Grant Agreement" and to obligate the Club to carryout those responsibilities TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the above, the Club agrees as follows: The Club will hire contractors, subcontractors, and others necessary to ensure completion of its youth facility. The Club will ensure that all of the requirements of the "Grant Agreement" over which the Club has control will be met. In particular, the Club will ensure that the following requirements of the Article Il, Section C, of the Grant Agreement are met: (1) The activities to be undertaken by the Club, consistent with the activities described in the City's application as modified by Article VIIIA) of the Grant Agreement. (2) All applicable equal opportunity requirements set forth in Article I, Section B, of the Grant Agreement. QCW92210001 RUG -11-1999 12120 FROM NOSSAPIPN/OC'- TO 2481-'433 P.03 (3) Anti -lobbying requirements in 24 CFR Part 87, including the requirement to provide certain certifications andlor disclosures to the City. (4) The requirements of 24 CFR Part 84 or Part 85 as appropriate and Treasury Circular 1075, that grants funds shall not be requested or disbursed by the City until needed and shall be the minimum amount necessary. Additional requirements for drawdowns are in Articles III and IV. (5) The cost charges to the grant must be allowable (including the "reasonable and necessary" standard) and allocable as specified in OMB Circular A-87, A-122 or A-21 (cost principles for Institutions of Higher Education) as appropriate. (6) 24 CFR Part 84 or Part 85 requirements related to retention of records, open access to records by HUD and the City, reporting, project close-out, later disallowances and adjustments, and collection of amounts due. Dated: Dated: 8/17/99 BOYS & GIRLS CLUB OF CAPISTRANO VALLEY By:/ 7 Its: /,Q C-41 2— CIT By: Its: ATTEST: t/yYr,� City Cler -2- AUG -11-1999 EXHIBIT A 12;21 FROM NOSSAMAN/OC • TO • 24GG433 P.04 AUG -11-1999 12:21 FROM NOSSAMPN/OC TO 249R433 P.05 • 1999 EDI - SPECIAL PfWJECT NO. B -99 -SP -CA -0062 GRANT AGREEMENT (Includes Sub -Grantee) This Grant Agreement between the Department of Housing and Urban Development ("HUD") and the City of San Juan Capistrano, CA (the "Grantee") is made pursuant to the authority of Public Law 105-276 (the FY 1999 Appropriations Act for HUD and other agencies) and House Report 105-769 (the Conference Report on the Appropriations Act). The Grantee's application package, 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 hereunder, HUD and the Grantee agree as follows: Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $500,000 available to the Grantee. The Grantee agrees to abide by the following: ARTICLE I. HUD Requirements. The Grantee agrees to comply with the following requirements for which HUD has enforcement responsibility. A. The grant fiords will only be used for activities described in the application, which is incorporated by reference and made part of this agreement as may be modified by Article VIII (A) of this Grant Agreement, 8. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: 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 1. RUG -11-1999 12:21 FROM NOSSAMAN,OC TO 2488433 P.06 • • 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 Rehabilitation Act of 1973 (29 U.S.C. 794) 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. For those grants funding construction covered by 24 CFR 135, the 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 certain HUD financial assistance shall, to the greatest extent 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 HUD's responsibilities under these Orders, the Grantee must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. 24 CFR Part 85.36(e) describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. Grantee where applicable shall maintain records of its efforts to comply with requirements cited in Paragraphs 5 and 6 above. C. 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 the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CPR Part 58. D. Administrative requirements of OMB Circular A-133 "Audits of Statcs, Local governments and Non -Profit Organizations". AUG -I1-1999 12:22 FROM IIIOSSAMAN/OC TO 2488433 P.O4 E. For State and Local Governments, 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. For Non -Profits, the Administrative requircmcnts of 24 CFR Part 84, including the procurement requirements of 24 CFR Part 84.40, and OMB Circular A-122 regarding Cost Principles for Non -Profit Institutions. For Institutions of Higher Education the applicable OMB Circular regarding Cost Principles is A-21. F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. G. Restrictions on participation by ineligible, debarred or suspended persons or entities as described in Executive Order 12549 and at CFR 24 Part 5.105(c). H. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24 1, The Grantee will comply with all accessibility 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. ARTICLE I1. Agreement to Enforce Compliance by the Sub -grantee with the requirements of this Grant Agreement. A. The grantee agrees to enter into a contract with each sub -grantee that will have responsibility for designated aspects of project performance as identified in the application and Article VIII (B) of the Grant Agreement. The contract shall commit the sub -grantee to comply with the terms of this Grant Agreement. B. The Grantee agrees to enforce compliance by the sub -grantee with the terms of the contract. AUG -11-1339 12;22 FROM NOSSAMAN/OC TO 2488433 P.E98 0 • C. The contract between the Grantee and the sub -grantee shall contain the following: The activities to be undertaken by the sub -grantee, consistent with the activitics described in the Grantee's application as modified by Article VIII (A) of this Grant Agreement. 2. All applicable equal opportunity requirements set forth in Article I, Section B of this Grant Agreement. Anti -lobbying requirements in 24 CFR Part 87, including the requirement to provide certain certifications and/or disclosures to the Grantee. 4. The requirements of 24 CFR Part 84 or Part 85 as appropriate and Treasury Circular 1075, that grants funds shall not be requested or disbursed by the Grantee until needed and shall be the minimum amount necessary. Additional requirements for drawdowns are in Articles III and IV. 5. The cost charges to the grant must be allowable (including the "reasonable and necessary" standard) and allocable as specified in OMB Circular A-87, A-122 or A-21 (cost principles for for Institutions of Higher Education) as appropriate. 24 CFR Part 84 or Part 85 requirements related to retention of records, open access to records by HUD and the Grantee, reporting, project close-out, later disallowance's and adjustments, and collection of amounts due. ARTICLE Ill. Conditions Precedent to Drawdown. The Grantee may not draw down grant funds until the following actions have taken place: A. The Grantee and each Subgrantee have executed a contract as required by Article It. RUG -11-1994 12:23 FPCM NCSSAMAN%CC TC 24S6433 P.09 • B. The Grantee has received and approved any certifications and disclosures required by 24 CFR $87.100 concerning lobbying and by 24 CFR $24.510(b) regarding ineligibility, suspension and debarment. C. Any other preconditions listed in Article VIII ( C ) of this Grant Agreement. ARTICLE IV. Drawdowns. A. A request by the Grantee to draw down grant Rinds under the Voice Response Access system or any other payment system constitutes a representation by the Grantee that it and all participating parties are complying with the terms of this Grant Agreement. B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the time elapsing between transfer of the grant funds and disbursement for project purposes and otherwise follows the requirements of 24 CFR Part 85 and Treasury Circular 1075 (31 CFR Part 205). C. Before the Grant Agreement is signed, the grantee may incur cost for activities which are exempt from environmental review under 24 CFR Part 58 and may charge the costs to the grant. D. Grantee, to help ensure construction completion, shall ensure that: (a) the party which hires the construction contractor obtains and retains a copy of plans and specifications, as appropriate; (b) the drawdown of grant funds allocated for construction costs will be at a rate not to exceed the percentage of project completion; (c) ten percent of payments of project costs will be withheld from the construction contractor pending completion; and (d) construction will not begin until all funds needed for construction completion have been committed to the project. ARTICLE V. Progress Reports. The Grantee shall submit a progress report to the Grant Officer every six months after the effective date of the grant agreement. Progress reports shall include reports on both performance and financial progress and shall conform with 24 CFR 85.40 and 85.41 or 24 CFR Sections 84.50 through 84.53, as applicable. Additional information required or increased frequency of reporting as may be described in AUG -11-1999 12:23 FROM NOSSAIIAN/OC TO 243e433 F.10 • • Article VIII ( C ). A. The performance reports must contain the information required under 24 CFR Part 85.40(b) (2) or 24 CFR Part 84.5l(a), as applicable including a comparison of actual accomplishment to the objectives indicated in the approved application, the reasons for slippage if established objectives were not met, and additional pertinent information including explanation of significant cost overruns. B. Financial reports shall be submitted on Standard Form 269 and the following: for construction costs, form 271, for non -construction costs, a breakdown in costs similar to SF 424 A. C. No grant payments will be approved for projects with overdue progress reports. ARTICLE VI. Project Close-out. A. The Grantee shall initiate project close-out within 30 days of project completion. At HUD's option, the Grantee may delay initiation of project close-out until the resolution of any HUD monitoring findings. If HUD exercises this option the Grantee must promptly resolve the findings. B. The Grantee recognizes that the Close-out process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any review in any way possible, including making available records requested by HUD and the project for on-site HUD inspection C. Within 90 days of HUD approval to initiate close-out, the Grantee shall provide to HUD the following, in the format(s) approved by HUD: A certification of project completion. A certification of compliance with all requirements of the Grant Agreement. AUG -11-1999 12;24 FROM NOSSAMAN/0C TO 2492433 F.^_1 • • 3. A report giving: the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of OMB Circular A-122 or A-87 as applicable, including the "necessary and reasonable" standard); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a comparison of actual accomplishment with each of the project commitments and objectives indicated in the approved application, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. D. The Grantee agrees that the grant funds are allowable only to the extent that the project costs, meeting the standard of OMB Circular A-122, A-87 or A-21 as applicable, equal the grant amount plus other sources of project fiords provided. E. At close-out, the Grantee shall provide a performance report which includes a comparison of the actual accomplishment to the original scope of work. F. When HUD has determined that the grant funds are allowable, the activity was completed as described by the Grant Agreements, and all Federal requirements were satisfied, HUD and the Grantee will sign the Close-out Agreement. G. The Close-out Agreement will include the Grantee's Agreement to abide by any continuing federal requirements. ARTICLE VII. Default. A default under this Grant Agreement shall consist of using grant funds for a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to the Agreement, any other material breach of this Agreement, or any material misrepresentation in the application submissions. AUG -11--1999 12:24 FROM NOSSAMANiOC T: 2489433 P.12 • • ARTICLE VIII. Additional Provisions. A. Project Description. The project is as described in the application with the following changes: NONE B. Changes or Clarification to the Application Related to Participating Parties: The grantee may elect to sub -grant all or a portion of the grant to the Capistrano Valley Boys and Girls Club. C. Special Conditions: The grantee shall carry out such environmental review procedures as are recommended by the HUD - Los Angeles environmental officer, prior to HUD's release of funds. U.S. Department of Housing City of San Juan Capistrano, CA and Urban Development Authorized Signature Title Date Authorized Signature Title Date R TOTAL F.12