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Res 2002-217
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Res 2002-217
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7/3/2006 10:06:57 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
CDBG
Number
2002-217
Date
12/9/2002
Volume Book
150
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<br />*Job Commitment - A full-time job is defined as employment for 1820 hours or more per year or 35 hours <br />or more per week per person. A part-time job is defined as employment for less than 1820 hours per year. <br />Two part time jobs may be combined to create a FTE job. Credit will only be given for jobs created/retained <br />at the project site described in the application. <br /> <br />Labor Standards - Any kind of construction-related activities that are being funded, in whole or in part, with <br />RLF funds must comply with the Davis-Bacon Act (labor standards). <br /> <br />If RLF funds are being used solely for purchase of equipment (without installation/labor charges) and/or <br />certain non-construction costs, the Davis-Bacon Act requirements may not apply. The applicability and <br />extent of Davis-Bacon Act requirements in regard to a particular project will be determined on a case-by- <br />case basis. <br /> <br />*Leverage Requirement - The all other funds/RLF ratio must not be less than 1 :1. For the 1:1 match, all <br />other funds are defined as all other sources of funds for the project as reflected on the Sources and Uses of <br />Funds Form, with the exception of any other HUD monies. HUD money includes program income. <br />Refinancing of other funds may be included as a leverage on a case-by-case basis (if the refinancing <br />provides more favorable terms for the borrower). A firm financial commitment and a verification of deposit, if <br />applicable, for all matching funds will be required upon submission of the application. Funds and costs, <br />outlined on the Sources and Uses of Funds Form, may not be spent or incurred prior to a contract award <br />date from the City. <br /> <br />Liability - Title I of the Housing and Community Development Act of 1974 (42 USC 5.301 et seq.) requires <br />all Community Development Block Grant (CDBG) funds to be expended in such a way to satisfy one of three <br />national objectives specified in the statute. Revolving Loan Funds provided under the CDBG are required to <br />comply with the national objective of principally befitting persons of low and moderate income. This <br />requirement is fulfilled by funding projects which create or retain jobs, principally for persons of low and <br />moderate income. The City of San Marcos has certified to the U.S. Department of Housing and Urban <br />Development (HUD) that our expenditure of economic development funds will satisfy this national objective <br />and we have also executed a grant agreement with HUD containing this requirement. The City of San <br />Marcos, therefore, has no choice but to hold the local business recipient of economic development funds <br />accountable to the same extend that HUD holds the City accountable. <br /> <br />In the event of a failure to create or retain all the jobs specified in a City of San Marcos Revolving Loan <br />Program contract, it is the City's standard policy to require a recipient business to reimburse the City for the <br />number of jobs not created or retained. For example, if the City provided $20,000 in Revolving Loan <br />Program funds to a business for an economic development project in which 10 permanent jobs for low to <br />moderate income persons were to be created and only 5 jobs were actually created, the City would require <br />repayment of $10,000.00. HUD, however, can authorize the City to deviate from this policy in certain <br />situations. For cases in which the required number of jobs was beyond the control of the business, the <br />business was otherwise in compliance with its contract, and the business has made every effort to create <br />the jobs specified in the contract and has agreed to take steps to provide the appropriate number of jobs in <br />the future, the City is authorized to waive repayment. This determination must necessarily be made on a <br />case-by-case basis. Violation of other aspects of the loan may result in acceleration of the payment. <br /> <br />*Location Requirement for the Business - The City will consider a project that is in the City's corporate <br />limits, or the Extraterritorial Jurisdiction of the City of San Marcos. If the business location is not in the City <br />of San Marcos' city limits, then the business must commit to create jobs, 70% of which will be for residents <br />of the City of San Marcos. <br />*Low/Moderate Income Requirement - See page 2 for an explanation. <br /> <br />*Maximum/Minimum Awards - For projects where the funds requested will be utilized for a loan to a <br />business for eligible activities, the following maximum and minimum award amounts apply to the Revolving <br />Loan Fund: <br /> <br />Maximum: $ 290,000 <br />
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