Loading...
HomeMy WebLinkAboutOrd.1543.06-06-1994 f ' /. ' ' BILL NO. 94-117 ORDINANCE NO. � �`��-= AN ORDINANCE ACCEPTING GRANT FUNDING FROM THE MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A FLOOD RECOVERY RELIEF PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City hereby formally accepts a grant from the Missouri Department of Economic Development for Flood Recovery Relief funds for the demolition and clearance of flood-damaged structures. ARTICLE 2 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is 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 (f�'��C DAY OF � � ;k ' , 19� A.M Spradling, III Mayor ATTEST: � � n j �� ;y �-.�Gf�Y. �f�d! �+3 A.��..�� �� Gayle (�.,. Conrad Deputy City Clerk MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT ��. •_. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING APPROVAL under Title I of the Housing and Community Devetopment Act of 1974(Public law 93-383)as amended. 1.NAME AND ADDRESS OF GRANTEE: 10. PROJECT DESCRIPTION(indicate specific scope of each City of Cape (3iraz'desu activity regardless of funding source): County of Cape airardesu 401 Independence Demolition and clearance of 30 Cape airardesu, MO 63701 structures in three flooded areas 2.PROJECT N0. 3.SEN. DIST. REP.DIST. of the city. Floodplain Ordinance 93—EM-10 27 158 to be enforced for any rebuilding. 4.POPULATION 5. NO. BENEFICIARIES 34,475 69p/30f 6.GRANT AWARD DATE 7.GRANTEE FYE DATE 11/16/93 , , ;, 06/30/00 � 8.MAXIMUM CDBG GRANT AMOUNT AWARDED: ' ' ' ' ' ..;,5105,000`= �!'"'f; •``. �` ; '` '�. ,, , Urgent•Need 9.APPROVED ACTIVITIES,COSTS AND FUNDING STRATEGY NATIONAL OBJECTIVE ADDRESSED F7 o�d Rc�lAted . , � , %LMI peraona�� , %LMI familiea' 1T , MATCHING FUNDS , ACT. REQ.ENV. CDBG RECIPIENT: OTHERS: PROGRAM ACT1VfTY N0. REVIEW' TOTAI FUNDS= CASH IN-KIN� PRIVATE STATE/FEO. DB—Clearance 03 ; Yes 105,000 105,000 Administration 35 No� 15,000 3,000 12,000 Audit 40 ' No 1,000 1,000 � ,. i �j��, ,. . . . . . �. . { D�vis-B con appli s where sp cified by initials B TOTAL 'Fund for activities that are conditianed subject to an environmental review may not be incurted or obligated u�til a written"Notice of Removal of Grant Conditions"is issued by DED. zThis column represents the maximum amount of CDBG funds approved for each activity,excepi that the prantee may transfer funds bemeen activities an amount not to exceed 510,000 or 10%of the total COBG allaation,whichever is less,except that administration,audit,and engineering costs may not exceed the indicated totals. PREPARED BY: OATE: Marilya Qraham November 16, 1993 MO 419•1146(0493) 0839-2/119 .,..,:F:;.:. 'GRANT AGREEMENT `° �� � " (DED Form GA-93) i • STATE OF MISSOURI w���x* • DEPARTMENT OF ECONOMIC DEVELOPMENT •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 City of Cape Girardeau , herein called the Grantee, pursuant to the authority 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 (inciuding "Assurances")for CDBG assistance, Department of Housing and Urban Development(HUD) 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 Approval form,and any special conditions,which are hereto attached, constitute part of this Agreement. In reliance upon and in consideration of the mutual representations and 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 Approval form available to the Grantee upon execution of the Agreement by the parties. The obliga�ion and utilization,:of the funding assistance provided is subject to the requirements for a release of funds by the State unde'r the'Enviro'nmental Review Procedures at 24 CFR Part 58 for any activities requiring such release. (2)The Grant2e agrees to assume all of the responsibilities for environmental review,decision making and actions,as specified and req�ired in Section 104(g) of the Act and published in 24 CFR Part 58. (3)The Grahtee agrees to comply with all applicable requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.4601j,Sections 104(d), 104(k) and 105(a)(11)of the Act. (4) The Grantee agrees to accept responsibility for adherence to this Agreement by subrecipient entities to which it makes funding assistance availaple. �, , ��:� , .,,. -. (5) The Grantee�grees•tt�pt any.and ah`st�C�t3mount of local funds or in-kind (force account)services or materials indicated in the attached Funding Approval form shall be equal to or greater then the amount indicated. (6)Th�Grantee agrees that anyproposed constructiori-related activity budget variances (from the Funding Approval form) in excess of 10%of the amount of this Agreement or$10,000(whiche'ver 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 governing body in adyance,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 by 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 returned 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 grant 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 relating to this Agreem,gnt at any reasonabl�time. (11)The Grantee agrees that all funds received under this Agreement shall be held and used by the Grantee for the purpose of accomplish�ng tF�e 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 otherwise use, in whole or in part,any�eports„data or other material prepared under this agreement. (13) The Grantee a�rees to qo�nply with the terms of the DED conflict of interest policy. (14)The Grantee agrees that any approval of contracts,sub-contracts;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 cights 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 facility or location which is the subject of such non-violent�ivil rights demonstrations within its jurisdiction. MO 419-1444(3-93) 0064a/101 L , , �:; (Page 1 of 2) � _ (17) Any Grantee receiving over$100,000 in CDBG funds agrees to carry out the terms of the"Certification Regarding Government- Wide Restriction on Lobbying"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 may 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 funds 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 deems appropriate to ensure proper performance of the terms of this agreement. (19)The State may 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 terminated portion after the effective date of the revocation of the Agreement,and it shall be the Grantee's dury to cancel all outstanding obligations that are legally possible. (20) The State and Grantee each binds himself to his successors,executors, administrators,assigns and legal representatives to the other party to this Agreement and to the successors,executors,administrators,assigns and legal representatives of such other party, in respect to aif 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,subordination, release,satisfaction, or termination 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 this Agreement as of the day and year indicated in the Funding Approval form. � • GRANTEE(CITYNILLAGE/COUNTIn: STA ISSOU I SIGNATURE: ,� TYPED: SIGNATURE: � TYPED: � � - ` ; - IE EXECUTIVE OFFI ER DATE DIRECTOR,DEPARTMENT OF ATE (City Mayor,Village Board Chairman, ECONOMIC DEVELOPMENT or Presiding Counry Commissioner) SIGNATURE: TYPED: � - ' ATTES (City,Village,or Counry Clerk,or other DATE official o'the Crantee) 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 signafures are required. MO 419-1444(3-93) 0064a/101 L (Page 2 of 2)