HomeMy WebLinkAboutRES.099.06-06-1984 .�T �` •
BILL NO. 84-49 RESOLUTION NO. �-`
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH SOUTHEAST MISSOURI STATE
UNIVERSITY FOR AN HISTORIC SURVEY OF THE DOWNTOWN
AREA
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION l. The City Manager on behalf of the City of Cape
Girardeau, Missouri, is authorized to enter into a contract with
Southeast Missouri State University for an historic survey of
the downtown area. A copy of this contract is attached to this
resolution and made a part hereof.
PASSED AND ADOPTED THIS G� DAY OF "�-'�-'��
1984. �
f��� � ���
Howard C. Tooke, Mayor
ATTEST:
V { � � � ,
-�i..�"-ol.. f��,�...�...�.�
Verna L. Landis, City Clerk
CONTRACT
This Contract made and entered into this 25th day of
June , 1984, by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter called
"City" , and Southeast Missouri State University, hereinafter
called "University. "
WITNESSETH:
1. DESCRIPTION OF WORK.
The University, acting through its Center for Regional
History and Cultural Heritage, for and in consideration of the
payments to be made as hereinafter provided, hereby agrees to
conduct a reconnaissance level survey of the downtown area of the
City of Cape Girardeau, Missouri. This survey will be conducted
as detailed in the Contract Documents. The University will
cooperate with the City in seeing that all terms and conditions
of the Contract Documents are complied with.
2. CONTRACT DOCUMENTS.
The Contract Documents shall consist of the following three
(3) exhibits which are attached to this Contract and made a part
hereof:
Exhibit A: National Historic Preservation Act of 1966,
Department of Natural Resources, Grant-In-Aid Application,
OHP Form #2, Survey and Planning;
Exhibit B: Contract dated May 15, 1984 between the State of
Missouri, Department of Natural Resources, Division of Parks
and Historic Preservation and the City for Project No. 29-
84-8311; and
Exhibit C: Grant Agreement between the Department of Consumer
Affairs, Regulation and Licensing, a department of the State
of Missouri and the City for Community Development Block
Grant Program Project No. 83-PL-22 .
3. PAYMENT.
Payments for services under this Contract will be made by
the City on a monthly basis. The University shall submit by the
20th of each month, for payment on the 10th of the following
month, a requisition for payment and a statement of services
rendered. The requisition shall be accompanied by proof of
payment or valid bills. The University shall certify that the
payment requested is solely for services rendered under this
Agreement. The City will compensate the University only for
costs actually incurred in the performance of this Agreement. It
is expressly understood that in no event will the total reim-
bursement under the terms of this Contract exceed the sum of
Fifteen Thousand Nine Hundred Fifty-Two Dollars ($15, 952. 00) .
4 . CONTRACT TIME.
The University hereby agrees to begin work under this Contract
not later than ten (10) days after the Contract is executed and
agrees to complete the project not later than December 10, 1984 .
5. INDEPENDENT CONTRACTOR.
The University is an independent contractor and nothing
contained herein shall constitute or designate any of the Uni-
versity' s agents or employees as agents or employees of the City.
6 . SUBCONTRACTING.
All of the services required hereunder shall be performed
under the University' s direct supervision and all personnel
engaged in the work shall be fully qualified. None of the work
or services covered by this Contract shall be subcontracted or
assigned without the written approval of the City.
7 . FINANCIAL RECORDS.
The University shall maintain satisfactory financial accounts,
documents, and records in connection with this project and shall
make them available to the City, or its designee, for auditing at
reasonable times. Such accounts, documents and records shall be
retained by the University for a period of five (5) years and
shall not thereafter be destroyed without the written approval of
the City.
8. NONDISCRIMINATION.
The University agrees in the performance of this Contract
not to discriminate on the basis of race, creed, color, national
2.
origin or ancestory, sex, religion, handicap, or political
opinion or affiliation, against any employee of the University or
applicant for employment.
9 . COMPLIANCE WITH LAWS.
The University agrees to comply with all laws of the United
States of America and the State of Missouri which are applicable
to work being performed by the University under this Contract.
CITY OF CAPE GIRARDEAU, MISSOURI
441 I ' a E*6-i6?C).0
Gary A. Eide, City Manager
ATTEST:
Verna L. Lan is, City Clerk
SOUTHEAST MISSOURI STATE UNIVERSITY
ATTEST: /
/CIA
3.
� + � ' � . � •
. . ' 1 !
. -i ,� r .
' J ' NATI�NA� HIST�RIC PRESERYA7if1N A�:f nF iQ6�
t1EPARTIMENT f1F NATURAt. RE5�1tRCES '
�RANT-tN-Ain APP�iCATtnN
�Hp FnRM �+2
SURVEY ANf1 PLANNINC"' �
1. Pro�ect Titte: Historical Survey of Downtown Cape Girardeau, Missouri
2. Pro�ect Plriod:
� �. Pro�ect �a�ourtt: Fed�!�al Share: $ll,000 SLate Sha�e:
�,oca:l Share: $5,627 ($5,000-CDBG, $50-cash/SEMO, $325-Film(In-Kind) , $252-City General
4. T�ansferee's (�pplicant legal descriptionl: Funds)
A• City of Cape Girardeau F• Missouri
g. Community Development Department �+• 63701
C� City Hall H. Contact- Gary A. Eide, City Manager
n 401 Independence T. Phone: (314) 334-1212
� P.O. Box 617 •
E. Cape Girardeau
5. 7ype of P ro��ct: (select one or morRl
A• $U�V�y�X � Reconnaisance level surve of the immediate downtown area.
A. R's�!arch�
C. Se�ni nar� � �
A. Feasi bi 1 i ty tu ..
E. P1 annf ng� � .
F. No�ni nati on� �
6. Maste� �lan o Restorat on �
H. Capital I�rovement Plans and� pec catio�s . .
I, Athe�� �
The above-named project will be carried out in conform-
R. Pro�eet Proposal Statement2ance with the ro'ect ro osal section of this fo
HP and the subsequent survey project.
7, 7itlt YI ef C1vf1 Rlgfits Aet ot 1QF4 Statement: The �ity of �a e �irardeau and
all personnel involved in the project will comply w t it e o t e vi Rig ts
Act of 1964 (P.L. 88-3532) and such compliance will be addressed in all contracts
and subcontracts.
7s. U.S.I1.t. 1:�5� attached: Please checfc one et the following: 1f the no hex
i s chedc�!d, expl ni n bri�!tly
YES � •� � .
*Use aAdlti onal shP�!ts of p�p'r i f necPssa�ry. EXH I B I T A
.
� , . - , i .
Y ' ,' . • '
A. Contribut'd Non-Federal Shar� Stater�ntS All contributed non-federal resources
comm�.tted to the project are listed and attached as appropriate.
9. Matct� Availabillty Staten�nt; Local and state (CDBG) matching funds will be
available immediately a�ter official state (OHP) approval of the pro3ect. _
�
lA. PRt1JECT PR�Pt15Al:
A. Pro�ect budget (Werk elements): (Must include the follawing areas:
personnel , tringe benefits, travel � equipment, suppll�s, contractural ,
and any other direct charges: Also, include indirect chargps
(utilities, rent, etc.)).
Project Budget for City of Cape Girardeau:
(1) Mapping Services: Provision of base maps for field survey work and
� preparation of base map and overlay for final inventory compilation
by SEMO RPC under existing special planning services agreement $;; 300
Project Budget for Center for Regional History and Heritage, Southeast Missouri State
University:
(1) Personnel:
a. Dr. Art Mattingly, Project Director (Salary=$2,100, Fringe=$252) $ 2,352
b. Bob White, Project Associate (Salary=$1,575, Fringe=$189) 1,764
c. Carol Miller, Secretary 402
d. Field Team (6 students) 2,693
e. Research Team (6 students) 2,693
.PERSONNEL SUBTOTAL $ 9,904 $ 9,904
(2) Travel (Mileage) _. _ .__... .. � 96
(3) Equipment -�
(4) Supplies • 1,570**
(5) Contracted (Advisory Services of architectural historian) 1,000
DIRECT CHARGE SUBTOTAL $ 2,666 $ 2,666
(6) Indirect Costs (Rent, Utilities, etc.) $ 3,757 $ 3,757
TOTAL PROJECT BUDGET $16,627
** Includes $50 in donated field survey suppl�es and $325 in donated video-ta�e f�.lm and
processing noted under follow�ng section.
B. List eacl� ele�nent ot non-tederal share by dono�, source, k•ind, and
amou rtt.
Missouri D�yision o� Comtnunity Southeast M�ssouri State
� �1Of10f: Univezsit
j. nOROf� and Economic Development • Y
SaureeS Community Development B�ock $au reeS Center for Regional History
Kfnd: Grant Program Kind: In-Kind (Donated Fie1d Survey
Grant Supplies)
NICUf1t: $5,000 Art10U�L I $50
d n�0�� Southeast Mi,ssouri State
2� T10f10f� City of Cape Girardeau • Universi,ty
$��Ce; General Fund $OU�C!lSCenter for Regional History
Kind; zn-Kind (Dona�ed video-tapes o£
Ktnd: Cash class A sites i,ncludi,ng f�lm and
Aa�ant: $252 A1�101Jftt: $325 processing)
• . . • j i . . .
, � ,
S. 1.1st each ele+n�!nt of non-t�de�al share by donor, sou�ce, klnd and
. aaaurtt fcanti nued�
5. flohor: � A. 11or+or:
Sou�ce: Source:
Kind: Kind:
Amount: Amonnt:
6. �onor: • 9. Oono�:
Source: Source:
K1nd: Kind:
Amount: An+ount:
7. Do�or: . 1�. t1o�o�: . .
Scu�ce: Sau�ce:
Ki nd: Ki�d: .
Aaiount: Maurtt:
C. list all equipment pu�chasPs in excess ot S��n.n� (sngiR 1te+n purchase)
1. �
2. .
�� - t
4. t
0. tlescribe Pro�ect worlc: .
. . --(SEE ATTACHED NARi.tATIVE ON FOLLOWING PAGE)
E. Conc�et� el wnents of pro�ect r+o�ic �i n terrts ot nur�b��s):
1. �ao survey areas
2. Approximately 194 standard histoxi.c �nVentory data .sheets
3. Ten copies of completed inventory, including summary and atap inventory
4. One color video-tape of major sites (Class A and possibly Class B) located
�. �
D. Describe Project Work:
The proposed project will include a building-by-building survey of
the downtown area of the City of Cape Girardeau. The principal
survey area will include approximately 20 city blocks bounded by
the Mississippi River on the east, Bellevue Street on the north,
Fountain Street on the west and William Street on the south. This
area includes an estimated 194 structures . A smaller area at the
north end of the downtown district, the site of the old International
Shoe Factory, will also be included because of the factory' s
potential for adaptive redevelopment. The shoe factory is bounded by
the river on the east, Mason Street on the north, Main Street on the
west and riill Street on the south.
The proposed survey will serve several purposes. First, very little
documentation is currently available concerning historic sites in
Cape Girardeau, and the target area is known to contain at least 200
structures of minor local significance to major national significance.
Also, part of the target area is included within a Section 353
Redevelopment District, and information of the type to be generated
is needed by the City to assess potential development plans . Thirdly,
the survey will produce at least basic information on every structure
in the project area, including those that are not historic, which can
be used in City and state assessments o� the City' s community
development program. Also, the data accumulated is needed by the
City for implementation of the histor�c preservation tax incentives
for redevelopment in the entire downtown area, considerable interest
in which has been expressed in recent months .
As a part of the survey, field teams will inspect and complete
standard OHP historic survey forms on each structure in the project
area. The teams will also collect as much data as �s zeadily
available concerning the date and type of construction and general
outline and measurements. Black and white, 35 � photographs will
also be taken of each structure, and 3" X 5" photos will be affixed
to the standard survey forms . To the extend possible, structures
will also be classified as Class A sites (potential national
significance) , Class B sites (potential state or major local
significance) , Class C sites (minoz local sign�ficance) , or Class D
sites (no significance) . Thi,s will allow the City to assess the
extent of and number of sites that mi.ght be eligible �or the National
Register, as well as those that might warrant inclusion in a local
historic district or a local landmarks register.
To the extent possible, addit�.onal research will be conducted on
Class A and Class B structures to allow a more accurate determination
of their significance and characteristics . All structures will be
assigned a survey number, which will be coded on the survey forms and
mapped on a base map to illustrate the si,te' s location. An overlay
to the survey-area base map (1" � 400' ) will be prepared showing the
survey site numbers and indicating the class of the structure so that
blueprint copies can be provided to i.nterested vart�.es in the future.
, , .
Following completion of all field work, the standard survey forms
will be prepared in final form and compiled into one document, with
a report summarizing the project and describing the methodology used.
Ten copies of the final inventory will be prepared, and single copies
will be filed with the following: State Office of Historic
Preservation; Missouri Historical Society, Columbia; Regional History
Archives, Center for Regional History and Cultural Heritage,
Southeast Missouri State University; City Hall, Cape Girardeau; Cape
Girardeau Public Library; Kent Library, Southeast r7issouri State
University; and Southeast Missouri Regional Planning Commission. The
completed inventory document will also include a copy of the map
discussed above.
In formulating procedures to be used during the survey, and in
conducting the survey, the following provisions and guidelines will
be taken into consideration:
1) The National Historic Preservation Act of 1966 (P.L. 89-665)
2) The National Historic Preservation Act Amendments of 1980
3) National Trust for Historic Preservation guidelines for cultural
resource surveys
4) State Office of Historic Presezvation guide��nes �or cultural
resource surveys
5) Historic Resource Su�vey Manual, A�v�s�on o� H�storic
Preserva�tion, Of�ice of Parks and Recreation, State of New York
6) Criteria for National Reg�ster nominations prepared by the
National Park Service
A final element o� the project will be preparat�on o� a color video-
tape of at least the Class A sites found dur�ng the survey. C�ass B
sites will be included if at all possible (�f the number o� Class A
sites is not too large) . Copies o� this video-tape will be provided
to the State Office of Histor�c �reservation and the C�ty o� Cape
Girardeau. The original of the video-tape, and �ts copyright, will
be reposited with the Reg�onal H�story Archives , Center �oz Regional
History and Cultural Heritage, Southeast Missouzi State Un�vezsity.
. • , �� i . - �
, , , , . .
• � F. P�ya�ent Schedul e: � �
� 6. Pro�ett Personnel:
a) Dr. Art Mattingly, Project Director; Professor of History, Southeast Missouri
State University; Coordinator_ of Historical Preservation, Center for Regional
' History and Cultural Heritage. • •
b) Bob White, Project Associate; Associate �rofessor o� History, Southeast Missouri
State University; Director, Center for Regional History and Cu],tu�cal Heritage.
c) Carol Miller, Secretary.
d) Six Students, Field Team.
e) Six Students, Research Team.
11. Contracts attached: Please checfc one ot the folloMing: if the no box 1s
checfced, explafn briefly Contract with the Center for Regional Hi.s�kor and
Cultural Heritage, Southeast Missouri State University, w� e execute as soon as
project approval is received.
� � YES � C x� N� [ � N�N-APPIICARIE
12�. Apti onal � � - - ` � � �
13. Special Request Conditions: Ptense checfc o�e ot the foltowing, 1t the no
bOX �f C�1�l�� explain b�ietly No speciaJ. xequests are involved �n this project.
[ ? �s [ X� rn r ? t��APALICABIE
See Special R uest Conditfons attached as folloas:
. arge priva e inves en ; .. Ppo o con on ; . . . . .
191:�: 4. Sec. 5(14
.•ti �� • - . . . .
� 1 ,
1�. Upoc� receipt ot the above me�tioned applicaticn material (items 1-13) our
office �+ill coaQlete processing ot ya�r applicatiocs tor grant-iA-aid. Zh�
above applicatioa material must be received r+ith thirty (30) days _
. Failure to meet this degdlice rrill result in
ac on o your grant. It qvu feel yau have extinuating circu�stances
regarding this deadline, a request for exterision �st be received fifteen
(15) days in advance of thc above deadliae dat�.
IH ORDER ?0 MAINTAIN YOUR ELIGIBILI'IT, PROJEC? i�ORK CANNaT Oq�(ENCE tJMrIL
T�iI3 OFFICE NOTIFIES YOU T�iAT 'I�iE NECESSAR7f PROJFx'T APPROYALS HAYE BEEN
OgTAINID. SUCH NO?IFICATION WILL SPECIFICALLI INDICATE ?HAT PROJECT i�ORK
MAY BEGIN. IN 'THE INS'TANCE OF A SECOND PHASE PROJE�'T A PRE-APPROVAL MAY BE
OB?AINED BY • •
� ; � � r � ' - �
15. Upon completion of pro�ect work, or agreed upon se�ents of pro�ect aock,
in the order to process for Federal Reimburxment yvu must submit the
follcwing:
A. Ccncrete ele�enta called for in pro�ect proposal
B. Copies of all bills and proof of payme� (checks). Each bill shauld
t�ave a processed check attached to the proper inwice.
C. Billing Invoice in t'ive (5) copies (saaQle attached)
D. All donated labor must have proper doc�m�entatioa as follars:
1. Day . � .'
2. Date
3. Hvurs
4. Description of work
5. Valuation per hour
6. Caunter si�ature of verifying autha'ity
• 7. Each daq c�ust have a separate sheet witlz a minimum of the abovs
items.
E. Nate all personnel payments should cantain coQies ot proper ticne logs
and indicating amount of payment, hwrly wage, copy ot paychecks, etc.
16. Upao completion of pro�ect wooe'k, Ycu must s�bodt a final report.
DAZED THI3 - L'AY � .--- � 198 .
-
a . tepe�no
Planning Pro�am Specialist .
� D�►ZED ?HIs= o�f _ rsay t98 4.
City of Cape Girardeau .
401 Independence, P.O. Box 617
Cape Girardeau, Missouri 63701 -
� Gary A. Eide City Manager
• A.� , � ��� May 15�, 1934
A1TAt�1MENf A Pa�e_ of —
SUPPLEI�NTAL APPLICATION
APPLICANT: City of Cape Girardeau PROGRAN AREA: SURVEY
rZsc�t. �: �9 wA �
IN.STRUCPIONS
1. Read both the Product Dictiona and the Guidelines for Completing
Attachment A, upp emen pp cation.
2. A lication: Fill in all blanks in the "Cumulative Pro�ection" coluans.
se " . ." if the category is not applicable. Use :"0" if Lhe category is
applicable, but no cumulative action is anticipated during the reporting
period with flmds cumalatively available. If you propose no work in an
entire pro�am area, circle N/A located under program area.
3. Final Report: Fill in all blanks in the "Actual" colunns.
t�lative
Pro�ection Actual
Outlay (a) : FederaZ Local Federal Local
A. Survey....................... Sii,000 S 62�
H. Othet' (Specif.y)�Sta�e�CDBG)��� $5,000
— — —
Et'fort (Wa-k Mcnths):
Applicant Other Applicant Other
St_ aff_ (SQeclfy) Staff (Speeify)*
(SEMO Univezsity)
A. Survey....................... o _ �2 _
B. Other (Specify).............. o 0
—
*Outside Contraetors or ponated Time
� ' ' �'' � � D�te2 Piay 15, 1984
. . . _
� A1TAQ�MENT A Pa�e_ c�'
SUPPLEMENTAL APPLICATION
APPLICANT: City of Cape Girardeau PROGRAM ARF.A; SURVEY
F'ISCAL YEAR: 19 N/A
Products:
,
Cuawlativ�e
Pro ection Actual
. Federa y Federal��'
Funded Funded
9urvey Other; 8urve Other
A. Nt�aber of Properties Submitted to I�P Inventory:
Minimum Level oF
umentat on: '
Architecture/History.ig2 =
Archaeology.......... o 0
—
National Register
ve o , umen�ation:
Architecture/History. 2 0
. . _
Archaeology.......... o 0
_ _
B. N�ber ot Square Miles S�veyed: �
Reconnaissance � � �
ve �avey:
Architecture/History._ _ —
Archaeology.......... o n
— —
Intensive Level
urve :
Architecture/History.
o _o _
Archaeology.......... o
— —4— —
C. Ntaber of Technical Assistance
equests nswer ........... o
D. Other (Specify).. .... ........ 2 -
+� Only used if not involved vith Grants-In-Aid
' �. ' ' . .
�. City of ' - '
Appt,jCAN?; Cape Girardeau A?TACE�II�Nf A SUPPLQ�Nf D�ATE: May 15 , 1984
SUMMARY OF OtTn.AY AND EFFOR?
� � fede�al IAcal Applicant
� (_) (_) Staft-time
- -
(aork nanth�)
I. National R ister Pro as
. pp cant.............................
- - -
B. Other.................................
- - -
II. Preservation Tas Incentive Pro amt
. pp cant.............................
- - -
9. Oth�t.................................
- - -
IZI. S�ve Pro am
. pp C8i1 ............................. $11,000 $ 627
H. Ot.hQ!'.....�C�t�.�A1��................... - � 12 ts
IY. Plann in Pro ant
� 7C— pp can .............................
— — —
8. Other................................. •
- -
V. Other Activitie�
7� pp can .............................
8 Other
. .................................
- -
�TAL.........:................................ $11,000 �$5,627 12
- -- -
Percenta�e Planning and Suwey: loo�
,
• I
��.� M��A 1 iN � �Nw1�w Mw 1
�MiAU I�M�
�.s. �.ert a r� ��+a
. uwuu� o� ca�ni�
�nn[ n. cim n�a �n a iKq
('i t� nf ('anP Gi rardPa>>� Mi csni�ri (heteinaket cslled "Applicint-Re�ipitnt")
��frr u!A/�I�cant•Recrpww�l
HEREBY AGREES THAT iT will cnmply with Titfe V1 oF the Civii Rigfits Act of t964 (P.L ge-3S21 and
all requicemencs imposed by �r punua�t co the Department oE che Incerior (tegulaaon 1;3 CFR l7) issued
p�rsuaat to chu tids. co che end thu in accordance .vich Tide Yt of chac Aa and che Regulacion. no per-
sua io the United Scaces shall. nn the grou�d of �ace. colo�. ot nacional origie be ezcludcd from participa-
tioo in. be deaied c6e bene6cs of. or be ochenrise subjecced co discriminuioe under anr program oe ucivicp
fot w�hit6 che Applicanc-Recipienc receiva fiesncial usisance froia National Park ServiCe and
�f�M M ORIC'�
�He:ebp Gi�a Ass�eaace Thu It w►ill immediacelr caks an� measuces co effectusce chis a�reemeac.
IE an� real pcopert� o� scruccure chereoa is pro�►ided or impro�ed wrich t6e aid of Fedesal 6nancisl assisance
acceaded oo che Appticuu•Recipimc br ���� . This assurance obligaca che
' ApPliuot•Recipies4 or in che case of any tnnsfer of such property. anr cransferee for c6e period duting
wbicl� the rn! proper� or scructure is used for a purpose in�oh►ina the provision of similar xrvices or bene-
5es. If ar� penonal pcopert7► is so provided. chis usurance obligices che Applicanc-Recipiene for che period
durin� wrhic5 it ressins ownership o� possession of che propercp. In all aher cases. chis assurance obligaca
c6e ApplicancNRPescipienc for che period during wbich che Federal finmcial assisunce is ezceaded co ic by
siu...ot ofio. •
THIS ASSL'RANCE is given in consideraciun oE and for the pucpose of obuining any and ill Federal gnno.
loans. tontruts.,pcopercr discounu or ocher Fedenl finsncisl assisunce excended aker che dace hereof co che
ApplicsaaRecipient by �he bure:u or �t�ice. including installment paymencs afcer such dace un accouoc of
uraageinena fo� Federal 6nancial assiscance which were approved beFore such dace. The Applicant-Recipient
e�eto�niaes md a6rees chu such Federal financial assistance will be acanded in retiance oa che represenucions
and a�reements enade in chis usurance. and chac che Uniced Scates shall reserve che righc co seek judicul
esfoccement of ct�is usuranca Thi� assunace is biedin6 un che Applicanc-Recipienc. iu successors. crans-
ferees. and ass'rsaees. aad che pessoa or persu�s whost �ignacuse appat below are auchorised co sign chis
suusanu oo bebalE oE che Applicsnc-Itecipiena
October 24, 1983 City of Cape Girardeau, rio.
p,�T�p AI�l.1CAiYT•IlEUP1ENT
�'
~ �d.�,c1u� �i Nn..d�K Cow�OusbM
w U6cu1
401 Independence, P. 0. Box 617 � . �
Cape Girardeau, Missouri 63701
A/l1.K�t'fT•R[C1�If1VTt NAILING AO��Ei{
• •a sw�ww�w.�nr ama ��w w-�ww
��f.f7�
1 1
Pro3ect Nurt�ber 29-84-8311
CONTRACT
THIS AGREEMENT, made as of the 15th day of May � 1984 ,
�nd endi ng the 30th day of September � 1985 , between the State of
Missouri , Department of Natural Resources, Division of Parks and Historic
Preservation, as the authorized Liaison Office with the Department of the
Interior, National Park Service, hereinafter sometimes called the "Grantee" on
behalf of the State of Missouri , and the city of Cape Girardeau ,
hereinafter sometimes called the "Transferee".
WITNESSETH:
THAT WHEREAS, the Transferee will conduct a reconnaisance level survey of an
approximate 20 block area of the downtown area of t e City o ape rar eau, in e
County of Cape Girardeau. Upon completion of said survey, historic inventory survey
sheets will be submitted to t e grantee, as we as ocation maps an a p o 0 o each
identified historic or architectural site. In addition, two national register level
surveys will be complete .
NOW, THEREFORE, the Grantee and the Transferee f or the consideration
hereinafter named agree as follows: To submit: a)Approximately 194 inventory
sheets with accompanying 3" X 5" black and white photographs, b Approximate y
site locations mapped on appropriate 1-inch-equals-400-feet scale maps, c) A report
summarizing the project and describing methodology use , reparat on o a co or
videotape of at least the Class A sites found during the survey.
I
TRANSFEREE' S SERVICES
The Transferee's professional services shall consist of the necessary conferences,
field surveys, evaluation, delineation, drafting, photographing, comp et on reports and
- 1 - EXHIBIT e
forms as determined by the Grantee. Services related to the detailed documentation
of architecturally signif�cant buildings shall include the provision of all
information necessary to complete forms prepared by the Grantee, as well as
photographs of each of the architecturally significant structures.
The Transferee shall arrange conferences periodically between themselves
and a duly appointed representative of the Grantee to insure work progress in
accordance with the approved project, including a final inspection upon project
con�letion.
II �
TERMS DEFINED
The following special terms as used in this contract are defined hereunder:
The term "NPS" as used herein means the National Park Service, Department of
the Interior - NPS-DOI; the term "ONR" as used herein means the State of
Missouri , �epartment of Natural Resources, Division of Parks and Historic
P�eservation; the term "SHPO" (State Historic Preservation tlfficerl as used
herein means the Director of the DNR or any rep�esentative delegated by the
SHPO to act for him in official capacity. The term "Plan" as used herein means
the Comprehensive Statewide Historic Preservatian Plan as adopted by the
National Park Service, Department of Interior, as extPnded by letter, and any
amendments, revisions or supplements thereto; the term "The Program" as used
herein means the National Register of Historic Places Program established by
the National Historic Preservation Act of 1966, 16 U.S.C. Section 470; and all
amendments. The term "Project Proposal " as used herein means the OHP form �2
application form and all attachments therein. The term "Transferee" as used
herein means the City of Cape Girardeau , named as the
second party to this amendment.; and the term "Fund" as used herein means any
monies received by the Transferee from the Grantee exclusively for this
assistance program. The term "Attachment "A" Supplemental Report" also
referred to as Attachment A refers to the official document for reporting all
activities to the Grantee including time, expenditures, and pro�ect work. -
III
TRANSFEREE' S COOPERATION
The Transferee shall execute and complete the approved pro3ect in
accordance with the project proposal. Failure to render satisfactory prog�ess
or to complete this or any other project which is the subject of federal
assistance under this program to the satisfaction of the SHPO or the Grantee
may be cause for the suspension of all obligations of the United States or the
State of Missouri under this agreement.
The Transferee shall secure completion of the project work in accordance
with prevously approved methodologies.
Deviation from the project proposal shall be submitted in writing to the
Grantee for prior approval . Such approval , if given, shali also be in writing.
In the event funds are not be available for future stages of a pro�ect, the
Transferee shall bring the project to the point of usefulness which is feasible
and reasonable and which is agreeable to both parties.
The Transferee shall comply with the Policies and Procedures set forth in
the NPS Handbook. Said handbook may be secured by written request to the
Grantee.
�IV
PROJECT COSTS
Project costs for assistance under the Program shall be determined upon the
- � -
basis of the criteria set forth in the Handbook.
The Transferee, when accepting a survey grant through the NPS, will do so
in accordance with the Plan, the Handbook and the Program, and with the
approval of the SHPO and/or Grantee. �
The Transferee shall act in accordance with those costs itemized in the
Office of Management and Budget Circular A-1o2 . Said circular may be secured
by w�itten request to the Grantee. Those costs not listed in this circular
shall be considered eligible costs only with the written approval of the NPS or
its lawfully delegated representative.
V .
PROJECT ADMINISTRATIQN
The Transferee shall promptly submit such reports and data as the Grantee
may request. Materials gathered pursuant to this agreement shall be available
fo� inspection by the Grantee upon a twenty-fou� (24) hour request.
Interest earned on funds granted pursuant to this agreement shall not�be
available for expenditure by the Transferee, but shall be disposed of according
to the instructions of the SHPO and/or Grantee.
The Transferee shall use any funds received by way of advance payment f�om
the United States under the terms of this agreement solely for the pro�ect
stated herein and described.
Because the basic objective of the Program is to enhance and increase the
knowledge of Missou�i 's historical resources through the enlargement of an
historical archive, it therefore is the intent of both parties hereto; that the
Transferee shall use monies granted exclusively for the purpose of this
assistance program, including added administrative and �ecord keeping costs
necessary by this contract.
The assistance granted from the fund will result in a net increase,
_ A _
cortmensurate at a minimum with the amount of federal cost share. It is
intended by both parties hereto that assistance from the fund shall be added
to, rather than replaced by or substituted for, State and Local Historical
Survey and Planning funds. '
VI
FINANCIAL RECORDS
The Transferee shall maintain satisfactory financial accounts, documents,
and records, and shall make them available to the National Park Service, the
General Accounting Office, and the Grantee for auditing at �easonable times.
Such documents, accounts, and records shall be retained by the Transferee for a
period of five years or until completion of the subsequent audit and then
destroyed only upon the writtem approval of the Grantee. .
VII
REPORTS
The Transferee shall use the Attachment "A" Supplemental Report as the only
method of reporting to the Grantee. A copy of Attachment "A" Supplemental
Report with instructions is attached and should be considered part of this
contract document.
The Transferee must submit Attachment "A" with all requests for
reimbursement. If a Grantee makes no request for reimbursement within six
months of contracting, the Transferee must submit an Attachment "A" even though
no request for funding has occurred.
Attachment "A" shall be considered to have a twofold purpose as follows:
1. To report all data cumulatively as expended or on the half year as noted
above. 2. To report the complete and final project information to the end of
- 5 -
� . . .
the final cumulative Attachment "A" shall be considered the final report. The
final Attachment "A" shall report all costs of the grant assistance both
federal local share, work months, and products. No closeout request for
reimbursement will be honored without a final Attachment "A":
VIII
OWNERSHIP QF DOCUMENTS
All documents, forms, plans, maps, photographs, specifications and data,
unless otherwise stated elsewhere in this contract, shall become the property
of the Transferee. The Transferee shall promptly, upon request, provide copies
of said documents, forms, plans, photographs, specifications and data to the
Grantee.
IX
' REIMBURSEMENT
The Grantee, as the official liaison office with the NPS, as stipulated by
the Program, awards the Transferee a survey and planning grant in
the amount of S11,000 . This grant is to be paid on a reimburseable
basis to the T�ansferee upon completion of the obligations of this contract.
This obligation henceforth is to be considered a part of this c�ntract.
X
NON-DISCRIMINATION
The Transferee shall comply with the terms and intent of Title VI of the
Civil Rights Act of 1964, 42 U.S.C. Section 2000(e), et seq: , and with the
regulations p�omulgated pursuant to such act by .the Sec�etary of the Interior
and contained in 43 CFR 17 ( 1964).
� XI
CONFLIr,T QF INTEREST
1. No offical or employee of the Transferee who is authorized in his
official capacity to negotiate, make, accept, approve or take part in such
decisions regarding a contract or subcontract in connection with this pro3ect
shall have any financial or other personal interest in such contract or
subcontract. �
2. No person performing service for the Transferee in connection with this
pro�ect shall have a financial or other personal interest other than his
employment or retention by the Transfe�ee in any contract or subcontract in
connection with this project. No official or employee of such person ret�ined
by the Transferee shall have any financial or personal interest in any form
unless such interest is openly disclosed upon the public record of the
Transferee, and such officer, employee or person has not participated in such
interest on the behalf of the Transferee.
3. No mPmber of or delegate to the Congress of the United States shall be
admitted to any share or part of this agreement, or to any benefit to arise
hereupon, unless such benefit shall be in the form of an agreement made with a
corporation for its gene�al benefit.
4. No officer or employee of the Transferee whose principal employment is
in connection with any activity which is financed in whole or in part pursuant
to this agreement shall take part in any of the political activity proscribed
in the Hatch Politicai Activity Act 5, U.S.C. Sect�on 1501 et seq., with
exceptions therein enumFrated. ,
XII '
LOBBYING WITH APPROPRIATED FUNOS
- 7 -
Historic Preservation Fund grants must conform to provisions of 1R USC
1913: No part of this grant assistance appropriated by any enactment of
Congress shall , in the absence of express authorization by Congress, be used
directly or indirectly to pay for any personal service, advertisement,
telegram, letter, printed or written matter, or other device intended or
designed to influence in any manner a Member of Congress, to favor or oppose,
by vote of otherwvise, any legislation or appropriation by Congress, whether
before or after the introduction of any bill o� resolution proposing such
officers or employees of the United States or its Department or agencies f rom
communicating to Members of Congress on the request of any Member or to
Congress, through the proper official channels, requests for legislation or
appropriations which they deem necessary for the efficient conduct Qf the
public business", as presented in 18 USC 1913. '
� XIII
PROJECT TERMINATION
The T�ansferee may unilaterally rescind this agreement at any time prior to
the cortmencement of the project by giving written notice of such action to the
Grantee. After project commencement, the agreement may be rescinded, modified,
or amended only by mutual written agreement, with the specific approval of the
Director. The project shall be deemed to have commenced when the Transferee
made any expenditure or incurred any obligation with respect to the project.
Failure by the Transferee to comply with the terms of this agreement or any
similar agreements, or to meet the standards of quality as adjudged by the
Grantee, may be cause for the suspension of all obligations of the United
States and/or the State of Missouri hereunder.
Failure by the Transferee to comply with the tprms of this �greement shall
not be cause for the suspension of all obligations of the United States
hereunder, if upon the judgement of the Director and/or Grantee, such failure
was due to no fault of the Transferee. In such case, any amount required to
settle at minimum costs and/or any irrevocable obligation properly incurred
shall be eligible for assistance.
XIV
DISPUTES AND DISAGREEMENTS
In order to prevent all disputes or disagreements between the parties
aforesaid in relation to the performance hereof on the part of said Transferee,
it is hereby expressly agreed and understood that in case any difference of
opinion shall arise between the parties aforPsaid as to the performance of
services under this agreement, or any other matter connected with said
services, the decision of the Director shall be binding.
XV
SUCCESSORS AND ASSIGNMENTS
The Grantee and the Transferee each binds himself, his partners,
successors, executors, and administrators, and assignees of such other party in
respect to all covenants of this agreement.
This agreement constitutes the only contract between the Grantee and the
Transferee and along with forms, guidelines, reports, the Handbook and other
documents attached or as stated herein is deemed complete and full .
IN WITNESS WHERE�F the parties have executed this contract as of the day
and year first above written.
, ' ., � '
GRANTEE
Approval Recomnended:
�
o n Kare , �rector, D vision o ty of Cape Girardeau
Parks and Historic Preservation BY; Gary A. ide, City Manager
.H. uc er, ssistant irector
Division of Parks and Historic
Preservation
Approved as to form only:
,�
� Date: �
. Attachment "A"
� Supplemental Report �
Initial Application Cumulative Report Number:_
Amendment
� Cumulative
Fi nal .
Applica�t N/_ Pro�ect Number
Fiscal Year
Ori gi nal Curtiul ati ve �
Pro3ection Actual
Qutlay���; Federal Local Federal Local
A. National Register _
B. Other (Specify) :
Effort (Work Months): Appl i cant Other Appl i cant tlther
Staff . (s ecif ) St_ aff (s ecif )*
A. National Register: � .
-
B. Ather (Specify): . _
_ *Outside Contractors or ponated Time . . .
produ�ts; Nunber of Nominations Number of
- Submitted to the Properties Contained
� HPP Office . in Nominations
Ari gi nal Cumul ati ve Ori gi nal Cumul ati ve
p. Pro ected Actual Pro ected Actual
� Indi vi dual Properti es
Di stri ct .
Multiple Resource .
Theme
Original Cumulative
Pro3ectlon Actual
B. Number of Responses to '
Technical Assistance Requests
C. Other (Specify) :
� , � Date: � � �
� Attachment "A" . •
' Supplemental Report
Initial Application Cumulative Report Number:_
Amendment '
Cumulative
Final �
. Appl i cant N/A_ Pro�ect Number
fiscal Year
1. Nominations Name Location W
. Complete
A. Single
1.
2.
3.
4. � �
5.
6.
7.
- . �� . _
9. . .
10. '
11.
B. District .
� 1.
2.
3. �
4.
5. �
- 2 -
� � � Date: � �
� Attachment "A" . •
� Supplemental Report
Initial Application Cumulative Report Number:_
Amendment
Cumulative .
Fi nal �
Appl i cant � � N/A Pro3ect Number
Fiscal Year �
Ori gi nal Cumu i ati ve
. Pro�ected Actual
Outla a : Federal Local Federal Local
. reservation Tax Act
B. Other (Specify)
� Appl i cant Other Appl i cant (lther
Effort (Work Mont.hs): Staff (S ep cify) Staff ecif )*
. Preservat on fiax Act
B. Other (Specify)
* Outside Contractors or ponated Time •
. - � Original Cumulative
Products: � Pro3ection Actual
A. Technical Assistance
Requests Answered �
B. Other (Specify) .
C. List Contractors, Owners, Individuals
� or Governmental Units assisted
1. �
2. .
3. '
4.
5. .
6.
7. �
8.
. 9�
10. �
11.
12.
13. .
� 14. � . _-----. .
. � .
� � Date: -
Attachment "A"
� Supplemental Report
Initial Application Cumulative Report Number:_
Amendment
Cumulative .
Final
Applicant � N/A Pro3ect Number
Fiscal Year
Products:
. st Contractors Continued: ' .
16.
17.
18.
19. � .
20. '
21.
22.
23.
24.
25. �
26.
27.
28. �
29.
30.
31.
32. . ,
33.
34.
35.
36.
37. �
38.
39. �
40.
_ . _ 4 _
� �
, � Dat e: .
Attachment "A" -
� Supplemental Report •
Initial Application Cumulative Report Number:_
Amendment . �
Cumulative
Final
Applicant N/A Pro3ect Number
Fiscal Year
Original Cumulative
putlay; Pro�ection Actual
Fe era oca e era ocal
A. Survey
—
B. Other (Specify)
Applicant Other Applicant Other
Effort (Work Months) : Staff (S ep cify) Staff (Specify)*
A:�urvey
, B. Other (Specify)
Qriginal Cumulative
• Products: � Pro�ection � - Actual
— � Fe era y e era y
Funded Funded
Surve Qther* Surve Other
A. Number of Pro erties Submitte�
o nventory:
Minimum Level of �
ocumentat— o�: •
rc tec ure istory �
Archaeology .
National Re ister
Leve o �ocumentation:
rc tecture story �
Archaeology
B. Number of S uare Miles Surve ed:
econnaissance
eve urve : "
rc tecture/Nistory
Archaeology _
Intensive Level � �
urve :
rc tecture/History
Archaeology �
, . . .
' ' Date: � �
Attachment "A"
� Supplemental Report
Initial Application � Cumulative Report Nunber:
Amendment
Cumulative �
Final
Applicant N/A Pra�ect NumbPr -
Fiscal Year
C. Number of Technical Assistance Requests Answered: •
D. Other (Specify) :
E. Survey Area: X
location Complete
1.
2.
3.
4.
5.
6. '
*Only used if not involved with Grants-In-Aid
- 6 -
• � e . • .
� , ' Date:
Attachment "A" •
� Supplemental Report
Initial Application Cumulative Report Number:
Miendment � �
Cumulative
, Final "
Appl i cant N/_ Pro�ect Nun�ber
�iscal Year
Ori gi nal Cumulati ve
Outlay: Pro3ection Actual
Federa oca e era Local
A. Planning
B. Other (Specify)
_
Effort (Work Months): Applicant Other Applicant Other '
St_ aff ( ecif ) Staff ( ecif )*
A. .Planning
B. OtheF (Specify) �
*Outside Contractors or ponated Time
• Ori gi na1 Cumulati ve �
Products: . Pro3ection Actual
A. Number of Plans, Reports, or
Guidelines developed (Specify)* .
B. Number of Pro�ect Plans and
Specifications
*Specify on a continuation sheet
C. Number of Historic Structure
Reports •
D. Number of Technical Assistance
. Requests Answered
- -
E. Other (Specify)
F. List .by Name and Type �Plans, Reports, or Gui del i nes: x
. ' Complete
1.
2.
3. �
4.
5. '
6.
7. �
8.
. f •
� � • � Date• � �
Attachment "A" .
Supplemental Report
Initial Application Cumulative Report Nunber:
Amendment
Curtwl ati ve
Fi nal
Applicant • N/A Pro3ect Number
Fiscal Year
Products:
� F. List by Name... Continued:
9.
10.
11.
12.
13.
14.
• 15. '
Original . Cumulative
Outla � : Pro3ection Actual
� � F era oca e era ocal
. A. Active (Specify)
� Subgran s �
' B. Other (Specify)
� Effort (Work Months): Applicant Other Applicant Other
Staff � ( ecif ) Staff ( ecif )*
A. Active Subgrants
B. Other (Specify) '
*Autside Contractors or ponated Time
x
Products: Complete
pecify) .
1.
2. �
3.
4. �
5.
� 6.
.
7. . .
8.
, , ' . Date: - �
� � Attachment "A" .
Supplemental Report .
Initial Application Cumulative Report Number:
Amendment
Cumulative �
Final
Applicant N/A _ Pro3ect Number
Fiscal Year
Qriginal Cumulative Applicant
Pro3ection Actual staff-time
Federal Local Federal Local work months
(�) (�) (�) (�) orig. cum
pro�. act
I. National
e s er .
�ro ram .
Appi i cant
B. Other �
�_
II. Preservation .
. ax ncent,�,
�ro ram -
Appl i cant
B. Other
III.� Surve Pro �am
. pp cant
-
• B. Other � �
IY. Plannin Pro ram
. pp cant
B. Other .
V. Other Activities .
. pp can
B. Other
TOTAL......................
Percentage Planning a�d Survey:
�
_ 9 _
: _�r � .
� .
83-PL-22
PROJECT NUMBER
DEPARTMENT OF CONSUMER AFFAIRS, REGULATION AND LICENSING "
COMMUNITY DEVELOPMENT BLOCK GRANT PR06RAM
FISCAL YEAR 1983
GRANT AGREEMENT
This Agreement, entered into this lOth day of November, 1983
between the DEPARTMENT OF CONSUI�R AFFAIRS, REGULATION AND LICENSING, a
Department of the State of Missouri, hereinafter referred to as the "Department",
and the City of Cape Girardeau , hereinafter referred to
as the "Grantee".
WHEREAS. The Department has received an appropriation from the Missouri
General Assembly for expenditure of funda under the Community Development Block
Grant Program (CDBG), and;
WHEREAS, The Departmen[ has received a grant under Title I of the Houaing
and Community Development Act of 1974 (Public Law 93-383, as amended), from the
United States Department of Housing and Urban Development to administer [he Small
Cities CDBG Program, and;
WHEREAS, the Governor of the State of Missouri has designated the
Department of Consumer Affairs, Regulation and Licensing, as the Department in
the State responsible for the administration of the Small Ci[ies Community
Development Block Grant Program, and;
WHEKEAS, it is the intention of the Department to use the Division of
Community Development, commonly referred to as the Division of Community and
Economic Development, as authorized by Section 251.090 of [he Revised Missouri
Statutes of 1978, to enter into contracts, and;
WHEREAS, Grantee has submitted his application to the Departmen[ and the
Departmen[ has authorized funds to be encumbered in the amount atated in Appendix
A for the performance of the project as described within the grantee's
application;
NOW THEREFORE, The Parties hereby agree as follows:
1. Gr,antee agtees for the conaideration hereinafter set forth to provide
the necessary personnel, facilities, supplies, equipment, and related resources
and skills to perform and accomplish the project in accordance with the terms and
conditions incorporated and made part of this agreement.
2. 6rantee shall perform the work called for in accordance with the time
achedule set forth in Appendix A (Funding Approval).
3. The Department agrees to provide funding for the pro�ect up to a
maximum of the amount speciEied in Appendix A (Funding Approval).
4. Grantee agrees to submit a properly certiEied invoice as required on
forms provided by the Department, to the Department accocding to the achedule
specified by the Department.
5. Grantee shall document and report all other Eunda or in-kind ac[ivities
uaed in conjunction with the funds provided herein. The amount of such o[her
funds shall be equal to or greater than the amount of other funds as specified in
Appendix A (Funding Approval).
6. Grantee agrees that any budget variances for any.approved activity muat
be approved in advance, in writing, by the Departmen[;
EXHIBIT �
7. Grantee agrees to abide by and comply wich current regulations and
policiea of the Department pertaining to the Community Development Block Grant
Program, and revisions and additional requirements as may be developed by [he
Department from time to time;
8. Grantee agrees to furnish progress, technical, financial and final
reports to the Department through the Division in compliance with requests,
schedules, and deadlines for such reports and information.
9. Grantee agrees to furnish to the Department, a copy of all sudits
regarding [he funds under this contract. Grantee shall use a Certified Public
Accountant (CPA) to certify their financial sta[ements, shall identify financial
assistance received from the Department in [heir financial statements, and the
CPA should certify that the Grantee has complied with all requirementa of the
Department, in accordance with this agreement, including compliance with all laws
and regulations listed in Appendix B (Certifications).
10. Grantee agrees that the Department and government suditors and
representatives shall have access, for the purpose of audit or examination, to
any of the books, documents, papers, and records of Grantee, recording receipts
and disbursements of any of the funds made available to Grantee, under thia
agreement, at any reasonable time.
I1. Grantee further agrees that any audit exception noted by governmental
suditors or represen[atives shall be the sole responsibility of the Grantee and
the Grantee will refund the full amount of audit exceptions to the Department.
12. Grantee shall maintain complete and up-to-date recorda and accounts in
the organized and systematic manner, in order to assure the proper accouating for
all contract funds. Both federal and non-federal sources Used in connection with
this project and these records shall be retained for five years after the
expiration of this contract, unlesa permission to destroy them ie granted, in
writing, by the Department.
13. Grantee agrees tha[ all funds received under this agreement will 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. '
14. All published material such as reports, manuals, pamphlets, and
articles, prepared under this agreement except those prepared exclusively for the
internal use of the Grantee, ahall carry the following statement on the front
page of the document:
PRESF.NTED BY THE
MISSOURI DEPARTMENT OF CONSUMER AFFAIRS, REGULATION
AND LICENSING
DIVISION OF COMMUNITY AND ECONOMIC DEVELOPMENT
AND
(NAME OF GRANTEE)
This statement must be in type, at least as large as the largest notation
of the Gran[ee. Further, all materials prepared for distribu[ion shall also
carry on the front page of the document, in appropriate size type, the following
statement: "This pro�ject is financed through a grant from the Missouri Department
of Consumer Affairs, Regulatton and Licensing with funds provided by the U.S.
Department of Rousing and Urban Development under the Housing and Community
Development Act of 1974, as amended."
No matertal prepared i� whole or in part under the agreement shall be
sub�ect to copyright in the United States or in any other country. The
Department shall have the unrestricted authori[y to publish, disclose,
distribute, and otherwise use, in whole or in part. any reports, data or other
materials prepared under this agreement.
15. Grantee agrees it will comply with all applicable State and Federal
laws including but not limited to those specified in Appendix B (Certifications).
16. No approval of the Contracting Officer of the Grantee of any contracts
or sub-contracts for the performance of any work in connection with this
agreemen[ shall be deemed in any event or in any manner to provide for the
incurring of any obligation of the Department and the Department shall not be
reaponsible for fulfillment of the Grantee's obligations [o sub-contractors.
17. In the event that the Department in good faith de[ermines tha[ the
Grantee has failed to comply with this grant agteement or with any applicable
laws, regula[iona, guidelines or procedurea of the Missouri Community Development
Block Grant program, Yublic Law 93-383, as amended and other printed material
distributed by the Department including program guidelines, application guidance,
newsletters, and memorandums, or that the Grantee ia unduly dilatory in executing
its commitments under this agreement, the Department may:
(a) Refuse payment of grant funds to the Grantee, or, if the Grantee has a
lump-sum drawdown of grant funde in a local financial institution, those funds
may be immediately recalled by [he Department or an order may be iasued by the
Department that no funds shall be withdrawn from the financial institution:
(b) Order any CDBG funds deposited in the local financial institution to
be re[urned to [he Department;
(c) Order the Pro�ect to be terminated, and all equipment a�d aupplies
purchased, leased or lease-purchased must be turned over [o the Department, and
rented equipment or buildings muat be returned or vacated;
(d) Order all ineligible expenses to be reconciled either from the
Grantee's own financial resources or repaid to the Grantee's Community
Developmecwt fund or to the Department, at [he Department's discretion; and/or
(e) Direct legal actions against the grantee and/or their elected officers
if proper ateps have not been taken to rectify the alleged violations.
18. The parties hereto mutually agree that any clause or provision
required by law, rule or regulation to be inserted herein shall be deemed to be
incorporated herein as though fully set forth and ahall constitute a part of this
con[ract. The parties by agreemen[ in writing may alter or amend any provision
oE this contract.
GRANTEB DIVISION OF COMMUNITY 6 ECONOMIC
DEVELOPMENT
` S-1II-34
GARY A•. E Dfi, CITY ME�NqGER DATE DIRECTOR
L./,!.{�f.(..�., ,
DEPARTMENT OF CONSUMER AFFAIRS,
ATTEST DATE REGULATION AND LICENSING
DIRECTOR DATE
. / . .
APPENDIX A
DEPARTMENT OF CONSUMER AFFAIRS, REGULATION AND LICENSING
FUNUINC APPROVAL UNUER T1TLE 1 OF THE Ii0US1NC
AND COMMUNITY DEVELOPMENT ACT OF 1974
(PUBLIC LAW 93-383). AS AMENDED
FISCAL YEAR 1983
1. GRANTEE: City of Cape Girardeau
2. PROJECT NUMBER: 83-PL-22
3. CONTRACT NUMBER: C-DA-052-110
4. CONTRACT PERIOD: 11/10/83 to 12�10/84
' S. MAXIMUM AMOUNT OE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED FOR THIS PROJECT:
$ 5,000
6. APPROVED BUDGET (Maximum Amounts):
Activities CDBG Funda
Historic Survey $5,000
7. OTHER PROVISIONS
(*-Denotes ac[ivities subject to environmental review prior to approval)
APPENDIX "B"
CERTIFICATIONS
The grantee hereby assures and certifiea tha[ it will comply with the
regulations, policies, guidelinea and requirements with respect to the acceptance
and use of federal funds for this. Also, the grantee gives assurances and
certifies with respect to the grant that:
(a) It possesses legal authority to apply for the grant and to execute the
proposed program.
(b) Its governing body has duly adopted or passed as an ofEicial act a
resolution, motion or similar action authorizing the filing of the
application, including all understandings and assurances contained therein,
and directing and suthorizing the applicant's chief executive officer to
act in connection with the application and to provide such additional
information as may be required.
(c) It has facilitated or will facilitate citizen participation by:
(1) Providing citizens with an opportunity to participate in the
determination of priorities in community development and housing
needs;
(2) Providing adequate notices for one or more public hearings;
(3) Holding one or more hearings on the proposed application before
adoption of a resolution or similar action by [he local governing body
authorizing the filing of the application;
(4) Providing for a second hearing in the event the application is
awarded funds;
(5) Providing for citizen participation when considering amendments
to the community developmen[ program; and
(6) Providing Eor citizen participation in [he pla�ning,
implementation and assessment of the community development program
including [he development of a performance report and the submiasion
of views to the state.
(d) Its chief executive officer or other officer of applicant approved by the
State:
(1) Consents to assume the status of a responsible Federal Official
under the National Environmen[al Policy Act of 1969 (NEPA) and other
provisions of Federal law, as specified in 24 CFR Part 58, which
furthers the purposes of NEPA, insofar as the provisions of such
Fpderal law apply to the Missouri Community Development Block Grant
Program;
(2) Is authorized and consents on behalf of the applicant and himself
to accept the �ucisdiction of the Federal courts for the purpose of
enforcement of responsibli[ites as such an official.
(e) The Community Development program has been developed so as to give maximum
feasible priority to activities which will benefit low and moderate income
persons, or aid in the prevention or elimination of slums or blight; the
pro�ected uae of funds may also include activities which the grantee
certifies are designed to meet other community development needs having
particular urgency as specifically explained in the application.
(f) It will comply with the regulations, policies, guidelines and requirements
of OMB Circulars Number A-87 and A-102, Revised, as they rela[e to the
application, accep[ance, and use of Federal funds under this document.
(g) It will comply with:
(1) Section 110 of the Housing and Community Development Act of 1974,
as amended, 24 CFE 570.605, and State regulations regarding the
administration and enforcement of labor standards;
(2) The provision of the Davis-Bacon Act (46 U.S.C.S. 276a) with
respect to prevailing wage rates (except where exemp[ed under the
law);
, .
(3) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C.
327-322, requiring that mechanics and laborers (including watchmen and
guards) employed on federally assisted contracts be paid wages of not
less than one and one-half times their basic wage rates for all hours
worked in excess of eigh[ in a calendar day or forty in a work-week,
whichever is greater; and
(4) Federal Fair Labor Standards Act, 29 U.S.C. S 201 et seq.
requiring that covered employees be paid at least minimum prescribed
wage, and also that they be paid one and one-half times their basic
wage rate for all hours worked in excess of the prescribed work-week.
(h) It will comply with all requirements imposed by the State concerning
special requirements of law, program require�nts, and other administrative
requirements, approved in accordance with OMB Ciruclar No. A-102, Revised.
(i) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L 88-352), and
the regulations issued pursuant thereto (24 CFE Part 1), which
provides that no person in the United States ahall on the grounds
of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the
applicant received Federal financial assistance and will
immediately take any measures necessary to effectuate this
assurance. If any real property or structure thereon is provided
or improved with the aid of Federal financial assistance extended
to the applicant, this assurance shall obligate the applicant, or
in the case of any [ransfer of such property, any transferee, for
the period during which the real property or s[ructure is used for
a purpose for which [he Federal financial assistance is extended,
or for another purpose involving the provision of similar aervices
or benefits;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284),
as amended, adminietering all programs and activities relating to
housing and commu�ity development in a manner to affirmatively
further fair housing; and will take action to affirmatively further
fair housing in the sale or rental of housing, the Financing of
housing, and [he provision of brokerage services;
(3) E.O. 12259, Leadership and Coordination of Fair Housing in
Federal Programs, requiring that programs and activities relating
to housing and urban development be administered in a manner
affirmatively to fur[her the goals of Title VIII of the Civil
Rights Act of 1968;
(4) Section 109 of [he Housing and Community Development Act of
� 1974 (ACT) as amended, and the regulations issued pursuant thereto
(24 CFE 570.601), which provides tha[ no person in the Uni[ed
States shall, on the grounds of race, color, national origin, the
benefits of, or be sub�ected to discrimination under, any program
or activity funded in whole or in part with funds provided under
the Act. Any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975 or with respect to
otherwise qualified handicapped individuals as provided in Section
504 of the Rehabilitation Act of 1973 shall also apply to any auch
program activity;
(5) Executive Order 11063 on equal opportunity in housing and
nondiscrimination in the sale or rental of housing built with
Federal assistance; and
(6) Executive Order 11246 as amended by Executive Orders 11375 and
12086, and the regulations issued pursuan[ there[o (24 CFE Part 130
and 41 CFR Chapter 60), which provide that no person shall be
discriminated against on the basis of race, color, religion, sex or
national origin in all phases of employment during the performance
of federal or federally assisted construction contracts.
Contractors and subcontractors on Federal and federally assisted
construction contracta shall take affirmative action to inaure fair
treatment in employment, upgrading, demotion, or tranafer;
recruitment or recruitment advertising; layoff or termination,
rates of pay or other forms of compensation and selection for
training and apprenticeship.
� (f) It will comply with Section 3 of Che Housing and Urban Developmen[ Ac[ of
1968, as amended, requiring that to the greatest extent feasible
oppor[unities for training and employment be given to lower-income persona
residing within the unit of local government in which the project is
located; and that contracts for work in connection with the pro�ect be
awarded to eligible business concerns which are located in, or owned in
substantial part by, persons residing within the uni[ of local governmen[.
(k) It will:
(1) To the greatest extent practicable under State law, comply with
Sections 301 and 302 of Title III (Uniform Real Property Acquisition
Policy) of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and will comply with Sections 303 and
304 of Title III, and HUD implementing instructions at 24 CFR Part 42;
and
(2) Inform affected persons of their rights and of the acquisition
policies and procedures set forth in the regula[ions at 24 CFR Part 42
and 24 CFR 570.602 (b).
(1) It will:
(1) Comply with Title III (Uniform Reloca[ion Assistance) of the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 and HUD implementing regula[ions at 24 CFR Part 42 and 24
CFR 570.602(a), or revisions of said act;
(2) Provide relocation payments and offer relocation assistance as
described in Section 205 of the Uniform Relocation Assistance Act to
all petsons displaced as a result of acquisition of real property for
an activity assisted under [he Community Development Block Grant
program. Such payments and assistance shall be provided in a fair and
consistent equi[able manner that insures [hat the relocation process
does not result in different or separate treatment of such persona on
account of race, color, religion, national origin, sex, or source of
income;
(3) Assure that, within a reasonable period of time prior to
displacement, comparable decent, safe and sani[ary replacement
dwellings will be available to all displaced families and individuals
and that the range of choices available to such persons will not vary
on account of their race, color, religion, national origin, sex, or
source of income; and
(4) Inform affected persons of the relocation assistance, policies
and procedures set forth in the regula[ions at 24 CFR Part 42 and 24
CFR 570.602(a).
(m) It will establish safeguards to prohibit employees from using positions for
a purpAse that is or gives the appearance of being motivated by a desire
for private gain for themselves or others, particularly those with whom
they have family, business, or other ties.
(n) I[ will comply with the Anti-Kickback (Copeland) Act of 1934, 18 U.S.C. S
874 and 40 U.S.C. S 276a, which outlaws and prescribes penalties for
"kickbacks" of wages in federally financed or assisted construction
activities.
(o) It will comply with the provisions of the Hatch Act which limits the
political activity of employees.
(p) It will give the State, HUD and the Comptroller General, through any
authorized representatives, access to and the right to examine all records,
books, papers, or documents related to the grant.
(q) It will insure tha[ the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of the program
are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the State of the receipt of
any communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration
for listing by the EPA.
, : . .
, (r) It will comply with the flood insurance purchaae requirement of Section
102(a) of [he Flood Disaster Protection Act of 1973, Pub. L. 93-234, 87
Stat. 975, approved December 31, 1973. Section 102(a) required, on and
after March 2, 1974, the purchase of flood insurance in communities where
such insurance is available as a condition for Che receipt of any Fedecal
financial assistance for construction or acquisition purposes for uae in
any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazarda. The
phrase "Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assis[ance loan or
grant, or any other form of direct or indirect Federal assistance.
(s) It will, in connection with its performance of environmental assessments
under the National Environmental Policy Act of 1969, comply wi[h Section
106 of the National Historic Preservation Act of 1966, (16 U.S.C. 470),
Executive Order 11593, and the Preserva[ion of Archeological and Historical
Data Act of 1966 (16 U.S.C. 469-1 et.seq.) by:
(1) Consulting with the State Historic Preservation Officer to
identify properties lis[ed in or eligible for inclusion in the
National Register of Historic Places that are subject to adverse
effects (see 36 CFR Part 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State [o avoid
or mi[igate adverse effects upon such properties.
(t) It will comply with:
(1) The National Environmental Policy Act of 1969 (42 U.S.C. Sect
4321 et. seq.) and 24 CFR Part 58:
(2) Execu[ive Order 11988, Floodplain Management;
(3) Executive Order 11990, Protection of Wetlands;
(4) The Endangered Species Act of 1973, as amended (16 U.S.C. S 1531
et. seq.);
(5) The Fish and Wildlife Coordination Act of 1958, as amended, (16
U.S.C. S 661 et. seq.);
(6) The Wild and Scenic Rivers Act of 1968, as amended, (16 U.S.C. S
1271);
(7) The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. S
300f et. seq.);
(8) Sec[ion 401(f) of the Lead-Based Paint Poisoning Prevention Act,
as amended (42 U.S.C. S 4831(b);
(9) The Clean Air Act of 1970, as amended (42 U.S.C. S 7401 et.
se9•);
(10) The Federal Water Pollution Control Act of 1972, as amended, (33
U.S.C. S 1251 et. seq.);
(1�1) The Clean Water Act of 1977 (Public Law 95-217); and
(12) The Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. S 6901 et. seq.).
(u) It will comply with all parta of Title I of the Housing and Community
Development Act oE 1974, as amended, which have not been cited previously
as well as with other applicable laws.
(v) It will comply with the lead based paint requirements of 24 CFR Part 35,
Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C. 4801 et. seq.).
(w) It shall remain fully obligated under the provisions of the Agreement
notwithstanding i[s designation of any third party or parties for the
under[aking of all or any part of the program with respect to which
assis[ance is being provided under this Agreement and Co the Grantee. Any
Grantee which is not the Applicant, shall comply with all lawful
requirements of the Applicant necessary to insure that the program with
respect to which assistance is being provided under this Agreement to [he
Grantee is carried out in accordance with the Applicant's Assurance and
certifications, including those with respect to the assumption of
environmental responsibilities of the Applican[ under section 104(h) of the
Housing and Community Development Act of 1974.
(x) It will assure that no member of or Delegate to the Congreas of the United
Sta[es, and no Resident Commissioner, shall be admitted to any share or
part of [his Agreement or [o any benefit to arise from the same.
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(y) It will assure [ha[ no member, officer, or employee of the Grantee, or its
designees or agents, no member of the governing body of the locality in
which the program is situated, and no other public official of auch
locality or localities who exercisea any functions or responsiblities with
respec[ to the program during his tenure or for one year thereafter, ehall
have any interest, direct or indirect, in any contract or aubcontract, or
the proceeds thereof, for work to be performed in connection with the
program assisted under the Agreement. The Gtantee shall incorporate, or
cause to incorporated, in all such contrac[s or subcon[racts a provision
prohibiting such interes[ pursuant to the purposes of this section.
(z) It will assure that the assistance provided under this Agreement shall not
be used in the payment of any bonus or commission for the purpose of
ob[aining the Department's approval of the application for such assistance,
or the Department's approval of applications for addi[ional assistance, or
any other approval or concurrence of the Department required under this
Agreement, Title I of the Housing and Communi[y Development Act of 1974 or
HUD regulations with respect thereto.
(aa) I[ will assure that funding assistance au[horized hereunder ahall not be
obligated or utilized for any activities requiring a release of funds by
the Department under the Environmental Review procedures for the Community
Development Block Grant program until such release is issued in writing by
[he Department.
(bb) It will complete the total scope of the pro�ect as specified in Appendix A
of this agreement (as described in the application), and cost over-runs for
any single activity shall be funded by the grantee from their own
resources. Grant funds from one activity may not be used to cover cost
over-runs in another activity without prior approval by the Department.