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Home My WebLink AboutRES.1179.06-03-1996 .; � ! -� ;:, BZLL I�O� 36-175 _ O�tD,D1AN�E NO. __f i � ; A RESOLUTION Ai1THORI2SIdG TH� C�TY: i�ANA�EIe "'O ENTER INTO A FUNbING ApP120Vr1I:/GRA[QT AGREEMEYdT WIT�-I �'xiE MISSOUR� DEFrARTMEBiTT OF �C�NOMIC DEVELOPMENTr COirII�it�A��'?'Y DE�,7EL�PMEN?' BL�DCFC GRANT PR4GRAM FOR S:�C01�ID-Y�AR F�iTAI'P IIdG, 1�S3R YraUS ING REHABILITATTOr� AND STR�.ET, CL"it� AHiD rUTTER, ANI3 SIDiEW.ALK DESYGN ,e�.,l�b COldST3?UCTiO�F ii� '.F'HE LOCt�ST-:MAPI�E NE�GHBO�RHO�L BE IT RESOLVED BY TI'_rE �OUNCIL Cr TuE C�'��_' 0�� CAPE GTRARDEALT, MISSOURT_` AS FO�LOWS: A�TICLE � . The C�ty Man��e�, �t�r ar.0 on beha�f o� the C�ty of Cape Girardeau, Missourz, is herehv authorizeai }o enter into a Funding Approval/Grant Agree:nent w��h the Missouri Department of Economic Developmer_-t, Community Deve�onm�.::t B?ock �;rant Program �or second-year �unding for housing rehabilitati�n and street, curp and gutter, and sidewalk design and consiruction �n the Locust-Mapin Neighborhood, A copy o� said Funding App�oval/GranT Agreement ?s attached to this Resolution and ?riade a part h�reo�. PASSE�D AND ADOPTED THI S ��LA_ i��_Y GF ��c � �� , , =�9_�_• A. �. Sp adlin„ �I? , May�r �,, ATTEST: „ � �` � / f' � -f 3. � � i t.��i � '�;f( ✓ �i '�' Gayle;)L. Conrad T e i Leputy C�ty Clerk ;A' 'r, d' � �.. �� F MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT " �'' ` COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM `" 4�'' ` FUNDING APPROVAL � Y... .��...�: ^'�ccc`�` under Title I ofthe Housing and Community Development Act of 1974(Public Law 93-383)as amended. 1. NAME AND ADDRESS OF GRANTEE 10. PROJECT DESCRIPTION(indicate specific scope of each adivity City of Cape Girardeau regazdless of funding source) Cape Girardeau County Neighborhood Development: 401 Independence Cape Girardeau,MO 63701 35 housing rehabilitations,820 ft. of streets, 780 ft. of 2. PROJECT NUMBER 3. SEN.DIST. REP.DIST. CUl'bS 8t guttel'S�and 521 ft. of sidewalks. 95-ND-02 27 157,158 4. POPULATION 5. NO.OF BENEFICIARIES 34,475 332p/127f 6. GRANT AWARD DATE 7. GRANTEE FYE DATE 5/15/96 6J30/00 8. MAXIMUM CDBG GRANT AMOUNT AWARDED $350,000 9. APPROVED ACTIVITIES,COSTS,AND FUNDING STRATEGY NATIONAL OBJECTIVE: LMI NE�: 3/15/95 I.MI PERSONS: $9% LMI FAMILIES: $$,90% REQ. MATCHING F[JNDS ACT. ENV. CDBG RECIPIENT OTHER PROGRAM ACTIVITY NO. REV.(1) TOTAL FLTNDS(2) CASH IN-KIND PRIVATE STATE/FED Streets 13 Yes � 71,700 $ 71,700 Street Accessories 14 Yes $ 14,100 14,100 Sidewalks 17 Yes � 6,000 6,000 Eng. Inspection 38 No � 2,850 2,850 Housing Rchab 25 Yes � 340,000 340,000 Lead Control 61 Yes $ 10,000 10,000 Administration 35 No $ 17,000 17,000 Davis Bacon applies where specifred by the initials DB TOTAL $ 461,650 $ 350,000 $ 91,800 $ 19,850 (1)Funds for aclivities that are conditioned subject to an environmental review may not be incurred or obligated until a written"Notice of Removal of Grant Conditions" is issued by DED. (2)This column represents the maximum amount of CDBG funds approved for each activity,except that the gantee may Vansfer funds between activities an amount not to exceed$10,000 or]0%ofthe total CDBCi allocation,whichever is less,except that administration,audit,and engineering costs may not exceed the indicated totals. PREPARED BY DATE James Robnett,Jr. May 15, 1996 GRANT AGREEMENT ' ,�,.��,,; (DED Form GA-95) ` � ", - . STATE OF MISSOUI2T .DEPARTMENT OF ECONOMIC DEVELOPMENT ��°�� . COMMUMTY DEVELOPMENT BLOCK GRANT PROGRAM This grant agreement is made by and between the State of Missouri, Department of Economic Development(DED),herein called "the 5tate" or "DED", and the Citv of Cape Girardeau herein called the Grantee, pursuant to the authority of Title I of the Housing and Community Development Act oi 1974 (Public Law 93-383), as amended, herein referred to as "The Act" and commonly referred to as the Community Development Block.Grant Program(CDBG). The Grantee's submissions(including "Assurances") for CDBG assistance, Department of Housing and Urban Development (HIJD) regulations at 24 CFR Part �70, the State's FY-95 "Final Statement", the State's FY-95 CDBG Administrative Manual and the State's FY-95 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 follows: (1) Subject to the provisions of this Grant Agreement, the State will make the funding assistance for Federal fiscai year 1995 specified in the attached DED Funding Approval forni 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�S. (3) The Grantee agrees to comply with all applicable requirements of Titles II and III of the Unifocm Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C.4601),Sections 104(d), 104(k)and 105(axl l)of the Act. (4) The Grantee agrees to accept responsibility for adherence to this Agreement by subrecipient entities to which it makes funding assistance available. (5) The Grantee agrees that any and all such amount of local funds or in-kind (force account) services or materials indicated in the attached Funding Approval fornl shall be equal to or greater than the amount indicated. (6) The Grantee agrees that any proposed construction-related activity budget variances(from the Funding Approval fonn)in excess of 10°/a of the amount of this Agreement or$10,000(whichever 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 Crrantee's governing 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 agsees to complete the project in its entirety as indicated in the Funding Approval form unless amended in wriling by agreement of all parties. (8) The Grantee agrees that any CDBG funds remaining from the allocation indicated in the Funding Approval fonn after the projec4 has been completed shail be retumed to DED if they have been drawn to the Grantee's local depository, or cancetled if such funds have not been drawn. (9) The Grantee agrees to compiy w�th OMB Circular A-128,which governs 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 I�[ID officials shall have full access to any documents or materials relating to this Agreement at any reasonable time. (11) The Grantee agrees that all funds received 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 Gran�:?.�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 reports,data or other material prepared under this agreement. (13) The Grantee agrees to comply with the terms of the DED con2lict 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. (Page 1 of2) (15) The Grantee agrees to comply with the citizen participation requuements set out in Section 104(a) of the Act, including the State's written Citizens Participation Plan in accordance with Section S08 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 e�cit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (17) Any Grantee receiving over $100,000 in CDBG funds agrees to carry out the terms of the "Certi£cation 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 wMch 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 Crrantee 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 a�eement in whole or in part,at any time before the date of completion,whenever it is deternuned 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 determuiation and the reasons for the ternunation, together with the effective date. The Grantee shall not incur new obligations for the ternunated 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 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 legai 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, subordination, release, satisfaction, or termination of any or all of che 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 lunitations of the statutory authonty under which it was made. IN WIT'NESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year indicated in the Funding Approval form. GRANTEE(CITYNII.LAGE/COUNTI�: STATE OF MISSOURI TYPED NAME: TYPED NAME: SIGNATtTRE SIGNATURE CHIEF EXECUTIVE OFFICER DATE DIRECTOR,DEPARTMENT OF DATE (City Mayor,Village Board Chairman,or ECOMOMIC DEVELOPMENT Presiding County Commissioner) TYPED NAME: SIGNATURE ATTEST(City,Village,or County Clerk,or' DATE other official of the Grantee) NOTE: THE GRANTEE'S SEAL MUST BE AFFIXED OVER TI� GRANTEE'S SIGNATURES. IF NO SUCH SEAL EXISTS, TT MUST BE PROPERLY NOTARIZED. THREE COPIES WITH ORIGINAL AND TYPED SIGNATURES ARE REQUIRED. (Page 2 of 2) (15) The Grantee agrees to comply with the citizen participation requirements set out in Section 104(a)of the Act, including the State's writ[en 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 individuais 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 facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (17) Any Grantee receiving over $100,000 in CDBG funds agrees to carry out the terms of the "Certification Regarding Government-Wide Restriciion 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 deternuned 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) T1te 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 Crrantee 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 a�eement 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 deternunation and the reasons for the ternunation, together with the effective date. The Grantee shall not incur new obligations for the ternunated portion after the effective date of the revocation of the Agreement, and it shall be the Crrantee's duty 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 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, 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 deternune to be (a) advisable to fiu-ther the purpose of the project or to pmtect 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(CTTY/YILLAGE/COUNT�: STATE OF MISSOURI TYPED NAME: TYPED NAME: SIGNATURE SIGNATURE CI�EF EXECUTIVE OFFICER DATE DIIZECTOR,DEPARTIv1ENT OF DATE (City Mayor,Village Board Chairman,or ECOMOMIC DEVELOPMENT Presiding County Commissioner) TYPED NAME: S IGNATURE A'ITEST(City,Village,or County Clerk,or' DATE other official of the Grantee) NOTE: THE GRANTEE'S SEAL MUST BE AFFIXED OVER 'THE GRANTEE'S SIGNATURES. IF NO SUCH SEAL EXISTS, TT MUST BE PROPERLY NOTARIZED. THREE COPIES WITH ORIGINAL APiD TYPED SIGNATURES ARE REQIIIRED. .r-+ (Page 2 of 2)