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Home My WebLink AboutRES.107.09-05-1984 • M . ` BILL N0. 84-86 RESOLUTION N0. O . A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CTTY OF CAPE GIRARDEAU, MISSOURI, TO ENTER INTO A GRANT AGREEMENT WITH THE DEPARTMENT OF CONSUMER AFFAIRS, REGULATION ANb LICENSING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, FISCAL YEAR 1984, FOR 50UTH CAPE NEIGHBORHOOD PHASE II RESTORATION PROJECT 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 Grant Agreement with the Department of Consumer Affairs, Regulation and Licensing, for the Community Development Block Grant Program, fiscal year 1984, for the South Cape Neighborhood Phase II Restoration Project. A copy of this agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS s,`�� DAY OF , 1984. � � i MAYOR ATTEST: .2 De y City Clerk �, e :�; . , FUNDING AF�'ROVAL ��` ' ��r= �� . •siarc o,/�r�ssow� � - :+� �'� �.,. =�• : ,, •Dtpa�tment oJ Coruuma Affair� under Title I of the Housing and Community � � ; Regulation and Lic�nsing Development Act of 1974(Public Law 93-383)as � �''� '°�� " �"� «x�T •Divisioa oJ Community and amended. b�� V�R�J' M�CCCX� Econoneic Developrnart (CED Form FA-84) •Cornmunity Development Block Grmrt Program 1. Name and Address of Grantee: 7. Project Description: City of Cape Girardeau Same as oriqinal application except (City,Viltagc,County) - e no sewer construction. 53 houses ` instead of 54. 2. Projcct No. � � ` - 84- ND - O1� 3. Contnct No. ' - � CDA-082-03 - 4. Effective Date of Grant Agreement: July 26, 1984 S. Ending Date of Grant Agrcement September 30,"1985 ' • 6. Maximum CDBG Grant Amount Awarded: � � 612,500 8. Amendment No. Date: 9. Approved Activities, Costs and Funding Strategy: . � � Requires Environ- ' ' Activity Activity Na me�tal Review� Total Cost CDBG Funds1 Loca! streets 13 yes 321,470 321,470 0 housing rehab 25 yes 291,030 291,030 0 . engineering 36 no 34,390. 0 34,390 engineer insp. 38 no 8,590 0 8,590 clearance 03 yes 12,500 0 12,500 code enforce 29 no 6,000 0 6,000 Administration 35 No 50,500 0 50,500 Audit � 40 No 1,500 0 1,500 TOTAL 725,980 612,500 113,480 f F'und jor activltl�t rhat ore cunditiuned subjerr ru an rnvirunmtrttal revi�w rr�qv no�he tncurred vr vb!lgareJ urtr!!a wrlrten"Norrre�,�Rrn�o+w!r�/Granr C'nndi- tloru"is issued by CED. �This column npresentt the masimwm amount oj CDBG junds approved jor each aetivity,excepr rhat tht granrtt may transjer junds wirhin activiri�s an omount not to rxceed SI0,000 0�!0%ojthe toral CDBG allocarion.whichever is Jess. GRANT AGREEMENT , . (CED Form GA-84) . . � . •State oJMissourl .. •Depart�r«nt oJ Consumer Affalrs,Regulatlon and LJcens�rrg •Dlvlston oJ Community and Economlc Developneent • Com�nunity Development Block Grant Progra»r . This grant agreement is made by and betwcen the State of Missouri,Department of Consumer Affairs, Regulation and Licensing(CARL), Division o!Community and Economic Development(CED),herein called"thc State"and the Citv of Cabe G�irardeau ,henin called the Grantee,pursuant to the authority of Titic I of the Housing and Community Development Act of 1974(Public Law 93-383),as amended,herein referred to as"The Act"and commonly referred to as the Com- munity Development Block Grant Program(CDBG).The Grantee's submissions(including"assurances'�for CDBG assistance, Department of Housing and Urban Development(HUD)regulations at 24 CFR Part 570,the State's FY-84"Final Statement",the State's FY-84 Grantee Management Handbook and the State's FY-84 CDBG Program Guidelines(as now in effect and as may be amcnded from time to time),which are incorpocated by reference,together with the CED Funding Approval Form FA-84,and any special conditions,which are hereto attached, constitute part of the agreement. In reliance upon and in consideration of the mutual rcpresentations and obligations henunder,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 fiscal year 1984 specified in the at- tached CED Funding Approval Form FA-84 available to the Grantee upon oxecution of the Agreement by the parties.The obligation and utilijation of the funding assistance provided is subject to the requirements for a release of funds by the State under the Environmental � Review Proadures at 24 CFR Part SS for any activities requiring such release. (2)The Granta agrecs 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.460t)as specified in the state's Fiscal Year 1984 Program Guidelines,Assuranas submitted by the Grantee,and the state's Fiscal Year 1984 Grantee Management Handbook. (3)The Grantee agrea to assume al!of the responsibilities for environmental review,decision making and actions,as specified and rcquired in Section 104(�of the Act and publish�d in 24 CFR Part 58. (4)The Grantee agrees to accept responsibility for adherence to the agreement by subr�cipient entities to which it makes funding assistance available. . .. . , (S)The Granta agrees that any and all such amount of local funds or in-kind(force account)services or materials indicated in Form FA-84 shall be equal to or greatcr than the amount. (6)The Granta agrees that any proposed construction-rclated activity budget(from CED Form FA-84)variances in excess of l0%of the amount of this agreement or 510,000(whichever is a lesser amount)shall be approved by CED in writing prior to an obligation of funds for such activity,however,any variance shall be approved by the Grantee's governing body in advance of an obligation of such activity. (7)The Granta agrees to complete the project in it's entirety prior to the ending date of the agreemcnt as indicated in CED Form FA-84. (8)The Grantee agrees that any CDBG funds remaining from the aliocation indicated in CED Form FA-84 after the project has been com- pieted shall be returned to the State if they have been drawn to the Grantee's local depository,or cancelled if such funds have not been drawn. (9)The Grantee agr�cs that a Certified Public Accountant(CPA)shall be used to certify financial transactions relating to this project,to iden- tify financial assistance received from CDBG in their financial statements,and to certify that the Grantec has complied with all requirements as set forth in this agreement.The Grantee shall furnish to the State at least two copies of all such audits. (10)The Grantee agrces that State and HUD officials shall have full access to any documents or materials relating to this agreement at any reas- onable time. (i l)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 Grantee or persons or firms employed or contracted by the grantee shall not be sub- ject 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 that any approval of contracts,sub-contracts, material or service ordcrs,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. (14)In th�event that the State or an audit has determined that the Grantee has failed to comply with this agreement,the Grantee shall perfotm 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; (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 the State 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 oC the terms of this agreement. (P�ge 1 of 2) (1S)Tho State may torminate this agreement in who:c.or in part,at any time bcfore the date of completion,whenever it is determined by the State that the Grant�e has failed to compty with the conditions of this agreement.The Scate shall promptly notify the Grantee in writing of the det�rmination and the reasons for the terminadon,togzth�r with the effcctive date.The Grantee shall not incur new obligations for the terminat�d portion after the effective date of the revocadon of the agreement,and it shall be the grantee's duty to cancel alt outstanding obtigations that arc legally possibla (16)The State and Grantee cach binds himsolf 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 reprcsentativa of such other party.in respect to all cova nants,agreeinenu.and obligations of this agmment. . (17)The State agrees that it may at any time,in its sole discretion.give any consent,deferment,subordination,rclease,satisfaction,or termina- tion of any or all of the Grantee's o�ligations under this agreemtnt,with or without valuable consideration,upon such terms and conditions ' as the State may determine to be(a)advisable to furtha the purpous 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 is made. (!8)The parties by agreement in writing may alter or amend any provision of this contract that is not required by statutory authority. IN WI'TNESS WHEREOF,the partia hereto have made and executed this agrcement as of the day and year indicated in CED Form FA-84. GRANTEE (CITY/VILLAGE/COUNTYje , STATE: SIGNATURE: . TYPED: � CHIEF EXECUTIVE OFFjCER DATE 'DIRECTOR,DEPARTMENT OF CARL DATE (City Mayor,Village Board Chairman, . or Presiding County Commissioner) _ , SIGNATURE: , � TYPED: ATfEST (City,Village,or County Clerk,pr other DIRECfOR,DIVISION OF CED DATE official of the Grantee) NOTE:THE GRANTEE'S SEAL MUST BE AFFIXED OVER THE GRANTEES SIGNATURES.IF NO SUCH SEAL EXISTS.IT MUST BE PROPERLY NOTARIZED. - (PaYe 2 ot 2)