HomeMy WebLinkAboutOrd.1536.05-26-1994 .
r .�,
BILL NO. 94-116 ORDINANCE NO. � .��(G
AN ORDINANCE ACCEPTING GRANT FUNDING FROM THE
MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT
FOR A RELOCATION ASSISTANCE PROJECT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City hereby formally accepts an Action
Loan/Grant from the Missouri Department of Economic Development for
funds to assist in the relocation of Cape Central Publishing
Company.
ARTICLE 2 . The City Manager or the Mayor, for and on behalf
of the City of Cape Girardeau, Missouri, are hereby authorized to
execute all documents necessary to effectuate the grant agreement
and the project. A copy of said Agreement is attached to this
Ordinance and made a part hereof.
ARTICLE 3 . Pursuant to Section 3 . 15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of public peace, property, health, safety or morals.
Accordingly, this ordinance will take effect immediately upon its
passage and approval.
PASSED AND APPROVED THIS ;���� DAY OF , 19 g`�
A. . pradling, III
Mayor
ATTEST:
1 n ft��
lt,�l,�
Gayl L. onrad
Deputy City Clerk
.,,,�•::::.. GRANT AGREEMENT � '
�� �� " (DED Fortn GA-93) �
� •STATE OF MISSOURI ._
o�cc,�T • DEPARTMENT OF ECONOMIC DEVELOPMENT. r
• COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This grant agreement is made by and between the State of Missouri, Department of Economic Development(DED),herein called
"the State"or"DED,"and the ��ty � of Cape Gi rardeau herein calfed
the Grantee,pursuant to the suthoriry of Title i of the Housing and Community Development Act of 1974(Public Law 93-383),as
amended,herein referred to as"The AcY'and commonly referred to as the Community Development Block Grant Program
(CDBG).The Grantee's submissions(including"Assurances")"for CDBG assistance,Depa�finent of Housing and Urban
Development(HU�) regulations at 24 CFR Part 570,the State's FY-93"Final StatemenY',the State's FY-93 Grantee Administrative
Manual and the State's FY-93 CDBG Program Guidelines(as now in effect and as may be amended from time to time),which are
incorporated by reference,together with the DED Funding Approvai form,and any speciat conditions,which are hereto attached,
constitute part of this Agreement. � ,;
In reliance upon and in consideration of the mutual representations a�d obligations hereunder,the State and the Grantee agree as
fol lows:
(1)Subject to the provisions of this Grant Agreement,the State�will make the funding assistance for Federal fiscal year 1993
specified in the attached DED Funding Approvai form available to the Grantee upon execution of the Agreement by the parties.
The obligation and utilization of the funding assistance provided is subject to the requirements for a release of funds by the
State under the Environmental Review Procedures at 24 CFR Part 58 for any activities requiring such release.
(2)The Grantee agrees to assume all of the responsibilities for environmental review,decision making and actions,as specified
and required in Section 104(g)of the Act and published in 24.CFR Part�58.
(3)The Grantee agrees to comply with all applicable requirements of Titles II a�d III of the Unifortn Relocation Assistance and
Real Property Acquisition Policies Act of 1970(42 U.S.C.4601),Sections 104(d), 104(k) and 105(a)(11)of the Act.
(4)The Grantee agrees to acxept resp��nsibiliry for adherence to this Agreement by subrecipient entities to which it makes funding
assistance available. ,,
(5)The Grantee agrees that any and all s�chtamount of local funds or in-kind (force account)services or materials indicated in the
attached Funding Approval form shall be equal to or greater than the amount indicated.
. (6)The Grantee agrees that any p�oposed construction-related activity budget variances(from the Funding Approval form)'in
excess of 10%of the amount of this Agreement or$10,000(wtiichever is a lesser amount) shall be approved by DED in writing
prior to an obligation of funds for such activity,however,any variance shall be approved by the Grantee's goveming body in
. advance of an obligation of such activity. No variance is allowed for non-construction activities such as administration,
engineering,audit,and inspection,unless approved by DED.
(7)The Grantee agrees to complete the project in its entirety�as indicated in the Funding Approval form unless amended in writing
t�y agreement of all parties.
(8)The Grantee agrees that any CDBG funds remaining from the allocation indicated in the Funding Approval form after the
project has been completed shall be retumed to DED if they have been drawn to the Grantee's local depository,or cancelled if
. such funds have not been drawn. -
(9)The Grantee agrees to comply with OMB Circular A-128,which govems the auditing requirements of these gra�t monies in
accordance with the Single Audit Act of 1984,and to provide DED with all required audits. _
(10)The Grantee agrees that State and HUD officials shall have full access to any documents or materials relati�g to this
Agreement at any reasonable time. j
(11)The Grantee agrees that all funds�eceived under this Agreement shall be held and used by the Grantee for the purpose of
accomplishing the project only and none of the funds so held or received shall be diverted to any other use or purpose.
(12)The Grantee agrees that any material prepared by the Grantee or persons or firms employed or contracted by the grantee shall
not be subject to copyright,and the State shall have the unrestricted authority to publish,disclose,distribute or othen�vise use,
in whole or in part,any reports,data or other material prepared under this agreement.
(13)The Grantee agrees to comply with the terms of the DED conflict of interest policy.
(14)The Grantee agrees that any approval of contracts,sub�ontracts; material or service orders,or any other obligation by the
Grantee or its agents shall not be deemed an obligation by the State,and the State shall not be responsible for fulfillment of the
Grantee's obligations.
(15) The Grantee agrees to comply with the citizen participation requirements set out in Section 104(a) of the Act, including the
State's written Citizens Participation Plan in accordance with Section 508 of the Housing and Community Development Act of
1987.
(16)The Grantee agrees to adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights demonstrations in accordance with Section 519 of Public
Law 101-144 and also agrees to enforce applicable State and local laws against physically barring entrance to or exit from a
faciliry or location which is the subject of such non-violent civil rights demonst�ations within its jurisdiction.
MO 419-1444(3-93) OOf>4a/101 L
(Page 1 ot 2)
(17) Any Grantee receiving over$100,000 in CDBG funds agrees to carry out the terms of the"Certific�tion Regarding Government-
Wide Restriction on �obbying"attached hereto and made a part hereof by signing same.
(18) In the event that the State or an audit has determined that the Grantee has failed to comply with this Agreement,the Grantee
shall perform remedial actions to correct the deficiency,as determined by the State which mSy include: �
(a) Repayment or reimbursement of CDBG funds spent inappropriately to the State or the local CDBG fund (at DED's
discretion);
(b) The return of CDBG fu�ds deposited at the grantee's local financial institution to the State; _.
(c)The return of any equipment, materials or supplies purchased,leased or lease purchased using CDBG funds to DED or the
supplier, .
(d) Other actions as the State deems appropriate.
Such actions shall be performed by the Grantee in the time period specified by the State in writing to the Grantee.The State
may refuse requests for CDBG funds by the Grantee or other actions as the State deemg appropriate to ensure proper
performance of the terms of this agreement.
(19)The State rimay terminate this agreement in whole or in part,at any time before the date of completion,whenever it is
determined by the State that the Grantee has failed to comply with the conditions of this Agreement.The State shall notify the
Grantee in writing of the determination and the reasons for the termination,together with the effective date.The Grantee shall
not incur new obligations for the tenninated portion after the effective date of the revocation of the Agreement,and it shall be
the Grantee's duty to cancel all outstanding obligations that are legally possible.
(20)The State and Grantee each bi�ds himself to his successors,executors,administrators,assigns and legal representatives to the
other party to this Agreement and to the suc�ssors,executors,administrators,assigns and legal representatives of such other
party,in respect to all covenants,agreements,and obligations of this agreement.
(21)The State agrees that it may at any time,in its sole discretion,give any consent,deferment,subordinatio�,release,satisfaction,
or tennination of any or all of the Grantee's obligations under this Agreement,with or without valuable consideration, upon
such terms and conditions as the State may determine to be(a)advisable to further the purpose of the project or to protect the
State's financial interest therein,and (b)consistent with both the statutory purposes of the grant and the limitations of,the
statutory authority under which it was made.
IN WITNESS WHEREOF,the parties hereto have made and executed ' eement as o e y�e�d year indicated� -
e
Funding Approvalform. �
�_
GRANTEE(CITYNILLAGE/COUNTI�: STA OF MISSOURI
SIGNAT RE: � TYPED: SIGNATURE: TYPED:
.l b-9-�f� � .� `7
HIEF EXECUTIVE OFFICER DATE DIRECTOR,DEPARTMENT OF DA E
(Ciry Mayor,Village Board Chairman, ECONOMIC DEVELOPMENT
or Presiding Counry Commissioner)
SIGNATURE: TYPED:
5- -
ATTfST ity,Village,or County Clerk,or other DATE
official of the Grantee)
NOTE:THE GRANTEE'S SEAL MUST BE AFFIXED OVER THE GRANTEE'S SIGNATURES.IF NO SUCH SEAL EXISTS,IT MUST
BE PROPERLY NOTARIZED.
NOTE:Three copies with original and typed signatures are required.
MO 419-1444(3-93) 0064a/101L
(Page 2 of 2)
MISSOURI �EPARTMENT OF ECONOMIC DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FUNDING APPROVAL •- �
under Trtle I of the.Housing and Community Development Act of 1974 (Public Law 93-383)aa amended.
1. NAME ANO AODRESS OF GRANTEE: 10.PROJECT DESCRIPTION(indicate specifi�.scope of each
City of C3pe Girardeau activity regardless of funding source):
County of Cape Giraxdeau
P. O. Box 617
Cape Girardeau, MO 63702
. Cape Central 'Publishinq, Znc-. forced
to relocate within the City by 2�iTD.
2. PROJECT N0. 3.SEN. DIST. REP.DIST. Retain 13 jobe, add 2 new onea.
93-MO-19 27 158
• $115,000 Action Fund loan for workinq
4. POPULATION 5.NO. BENEFICIARIES capital (8 years at 4g) .
34,438 15 • Application subsaitted 11/O1/93.
6.GRANT AWARD DATE 7.GRANTEE FYE DATE �ntingently committed 12/20/93.
04/16/94 06/30/00 Private Investment Release Date:
8. MAXIMUM CDBG GRANTAMOUNTAWARDED: December 24, 1993
$120,000
9.APPROVED ACT1V(TIES,COSTS AND FUNDING STRATEGY NATIONAL OBJECTIVE ADDRESSED �I
NAR 11/15/93 %LMI persons�t`� '�6 LMI families �B_
MATCHING FUNDS
ACT. REQ ENV. COBG RECIPIENT: OTHERS: ,
PR RAM ACTNfiY N0. R T TAl F NO = H IN-KINO PR(YATE STATE/fED.
Buildinq 51 Yea 280,000 280,000
Administration 35 No 5,000 5,000
Working Capital 53 Yes 120,000 115,000 5,000
� REC -" lVE�
MAY 1 2 1994
TOTAL
'Fund fw activities that are rnnditaned w6jea to an emrironmental review may rwt be inarred or obiigated urttil a wrinen"Notice of Remaval ot Grant Conditions"is issued by OE�.
7This column represertts tfie ma�amum amourrt ot COBG funds approved for each aaivrty,except that the prantee may transfer funds between activities an emoum not to exceed
S 10.000 or 10%of the total COBG allocatiart whichever is less, ezcept tfiat adminisvatiort aud2,and engineerinQ costs may not exceed the indicated totals.
PREPAREO BY: DATE:
Nancy Gibler April 16, 1994
MO 419-1146�0493) 0839 2/119