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Home My WebLink AboutRES.130.02-06-1985 • . ! , � BILL NO. 85-9 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MAPIAGER TO ENTER INTO A GRANT AGREEMENT FOR A RENTAL REHABILITATION PROGRAM WITH THE STATF OF MISSOURI, DEPARTMENT OF ECONOMIC DEVELOPMENT, DIVISION OF COMMUNITY & ECONOMIC DEVELOPMENT 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 for a rental rehabilitation program with the State of Missouri, Department of Economic Development, Division of Community & Economic Development . A copy of this contract is attached to this Resolutiom and made a part hereof. PASSED AND ADOPTED THIS _�� DAY OF � 1985. � �✓C7azv7►�( � C��- Howard C. Tooke, Mayor ATTEST: � Eve yn G. LeGrand Deputy City Clerk � . - . y � GRANT AGREEMENT - RENTAL FEHABILITATION PROGRAM (CLD Form GA-RRP-84) STATE OF PtISSOURI DEPARTTfENT OP ECOhOt1IC DEVELOPPIENT DIVISION OF CAAI�;UNITY & ECONOMIC DEVELUPPiF.NT This �rant agreement is made by and between the State of Missouri, Department of Economic Itevelopment (nLn)� Division of Community 1nd Economic Development (CED), herein called "the State" and the CITI of Cape Girardeau , herein called the Grantee, pursuant to the authority of Section 17 of tt�e U.S. Housing Act of 1937, enacted into law in Section 301 of the llousing and Urban-Rural Recovery Act of 1983, Public I.aw No. 98-181, Stat. 1153 (42 U.S.C. 14370), herein referre�l to as "The Act" and commonly referred to as the Rental Rehabilitation Frogram (IZF:P). The Grantee's submissions (including "nssurances") for RRP assistance, Department of Housin� and Urban Development (HUD) regulations at 24 CFR Part 511� the State's FY-E4 "Program Description", (as now in effect and as may be amended from time to time), wtiich are incarporated by reference, together with the CED Funding Approval Form FA-RI2P-84, and any special conditions, which are hereto at.tached, constitute part of the a�reement. In reliance uper. and in consideration of the mutual reyresentatiotis and obligations hereunder, the State and the Grantee agree as follows: (1) SuUject to the provisions of this Grant Agreement, the State wi.l.l make the funding assistance for federal fiscal year 1984 specified in the attached CED Funding Approval Form FA-RRP-84 � available to the Grantee upon execution of the AEreement Uy the parties. The obligation and utilization of the funding assistance provided is subject to the requirement, for a release of fur.ds by the State or HUD under the Environmental Review Procedures at 24 CFR Part 58 for any activities requiring such release. (2) The Grantee agrees to accept responsibility for adherence to the agreement by subrecipient entities to which it makes funding assistance available. (3) The Crantee agrees to complete the project in it's entirety prior to ttie ending date of the agreement as i.ndicated in CED Form FA-RRP-84. (4) The Grantee agrees that any RRP funds remaining from the ailocation indicated in CED Form PA-8�F after the project has been completed shall be returned to the State, HLiD, or Federal Treasury if they have been drawn to the Grantee's local degository, or cancelled if such funds have not been drawn. (5) The Grantee agrees tliat a Certified Public Accountant (CPA) shall be used to certify financial transactions relating to this project, to identify financial assistance received from PRP in ttieir financial statements, and to certify that the Grantee has complied with all requirements as set forth in this agreement. The Grantee shall furnish to the State at least t:ao copies of all such audits, and other copies as required by IND. (6) The Crantee agrees that State and HliD officials shall have full access to any docur�e�its or materiails relaCing to this agreement at any reasotiaUle time. � F � (7) The Grantee agrees that all funds received under this agreement �hall be held and used by the Grantee for the purpose of accomplishing the project only and none of tlie funds so held or recetved shall Ue diverted to any other use or purpose. (8) The Gratttee aFrees that any material prepared by the Grantee or persons or firms empleyed or contracted by the grantee shall not be subject to copyright, ar.d the State shall tiave 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. (9) 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. (10) 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 Uy the State, which may include: (a) Repayment or reimbursement of RRP funds spent inappropriately to the State or the local RRP fund; (b) The return of RRP funds deposited at the grantee's local financial institution to the Federal Treasury; (c) Gther actions as the State deems appropriate. ; Such actions shall be performed by the Grantee in the time period specified by the State i.n writing to tl�e Grantee. The State may withhold requests for RRP funds by the Grantee or other actions as the State deems appropriate to ensure proper performance of the terms of this agreement. � (l.l) The State may terminate this agreement in whole, or in part, at eny 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 promptly notify the Grantee in writing of the determination and the reasons for the termination, together with the effective date. The Grantee shall not incur new obligations for the terminated portion after the effective date of the revocation of the agreement, and it shall be the grantee's duty to cancel all outstanding obligations ttiat are legally possible. (1'L) T'he Stat-e �nd Grantee each binds himself to his successors, exectitors, administrators, assigns, anci legal representatives to the other party to this agreement and to the successors, executors, administrators, assigns, and legal representati.ves of such other party, in respect to all covenants, agreements, and obligations of this agreement. (13) The State agrees that it may at any tine, in its sole discretion, give any consent, deferment, stibordination, release, satisfaction, or termination of any or all of the Grantee's ebligations under this agreement, with or without valuable consideration, upon such terms ar.d conditions as the State ray determit�e to be (a) advisable to further the purposes ef the project or to protect t}ie State's financial interest therein, and (b) consistent with both the statutcry purposes of tt�e grant and the limitations of the statutory authority under H�t�ich it is r�ade. (14) The Crantee shall previde that at least 70°� of their allocation of FF?P funcis will be used to repair units that, after rehabilitation, are occupied initfally by lo��er income families, as defined by 24 CA'R 813.102. (15) The Grar�tee shall provide that at least 70�0 of their allccation of P.FP funds will be used for the repair of units of two or more bedroems, � 2 � (16) The Grantcc shall ensure that a priority will be given to retiabilitating projects containing units with suAstandard co►iditions that are occupied by very low-income families before rehabilitatien. Under 24 CrR 511.10 (c)(2)� substandard conditions are these housing cenditions tliat do not meet the Sectioti 8 Housing Quality Stancfards for Exicting Housing contained in 24 CFP. £82.109. (17) The Grantee shall adopt appropriate procedures and requirements for affirmatively marketing units in rehabilitated projects Chrough the provisions of informaticn regardi.u� the availability of units that are vacant. Affirmative marketing steps consi-st of good :ai.th efforts to provide information and other�,�ise to attract eligible persons from zll racial, ethnic and gender groups in the housing market area to the available housing. (1.8) Pursuant to 24 CFR 511.10(h)(2), each Grantee shall adopt a written tenant assistance policy (whict� shall be roade available to the public upon request) concerning displacement, relocation a�sistance, atid other assistance to tenants who reside or will reside in projects to be rehabilitated. 11ie tenant assistance policy must include the following: (i) A statement of nondiscrimination in providir.g information, counseling, referrals or other re,location services to persons displaced by rental rehabilitation activities; (ii) Practices and methods of administration that will not result in the displacement of persons Uecause of their particular race, color, religion, sex, age, handicap or national origin; and (iii) Information and counseling to familiarize tenants in projects to be rehabilitated with: (A) Opportunities to select replacement dwellings from a full range of neighborhoods � r.�ithin the total housing market; (B) It�di.vidual rights under the Federal Fair liousing law; and (C) How to search for suitable replacement housing. (19) The Grantee shall execute an agreement with the ewner under which the okner (including a cooperative or mutual housing association) agrees not to convert the uriits in a project rehabilitated caith rental rehabilitation grant amounts to cendomini.um ownership or any form of cooperati.ve ownership not eligible to receive rental rehabilitation grant amrnmr_s, (�s provided in 24 CFR 511.10(c)) for at least 10 years Ueginning on the date on which the rehabilitation of the units in the project is completed. The Grantee shall ensure that the agreement is legally enforceaUle and that it contains re�redies adec�uate to enforce its provisions. (20) Tt:e Grantee shali execute an agreement with the owner under �:hicl� the owner �y,rees not to discriminate against prospective tenants on the Uacis of their receipt of, or eligibility for, housing assistance under any Federal, State or local housing assistance program or, except for a liousi.ng project for elderly persons, on the basis that the tenants have a minor child cr children ��ho will be residing with them, for at least 10 years beginnirg oii the date on ti•hich the rehabili.L�.tion of ttie units in the project is completed. The Grantce shall ensurc that the �greement is legally enf:orceable and that it cort_ains remedies adequate to entorce its �rovisions. (21) The State may, by i.ts executton of an amendment to the CED Funding A4;proval Fcrm FA-RRP-34 unilaterally deebligate funds previously awarded the the Crantec based upcn C�D's assessment of the Grar.tee's pro�ress toward the goals contained in the Grantee's �ppruval a�plication r.nd schedule of ir�plementation applying for Piscal Year 1984 funds pursuant to ?_4 CFR part 511.32. Such a dcnblip,�tien of I:RP grant funds may also cause a unilateral recapture of a commensurate � amouiir. of Section 8 existing certificate or voucher auttiorized under Section 8(0) of the 1937 Act 3 . � � F l � in an amount not e:cceeding the same ratio as such contract authority was initially granted in support of the program. (22) The parties by agreement in writing may alter or amend any provision of this contract tt�at is not rcquired b}• statutory autliority. IN WITNESS w'EiEI2E0F, the parties hereto have made and executed this agreement as of [l�e day and year indicated in CED Form FA-RRP-84. GRANTEE: STATE: S IGP7ATURE: (MAYOR OR CITY MANAG�I:) DATE DIRECTOR� DEPT. OF F.CONOMIC DGVELOPMENT SIGNATl1RE: , DATE ATTEST (City Cierk) DIRECTOR, DIVISION OF COMMUNITY t� ECONOMIC D�VELOPMENT � DATE hOTE: THE GRANTEE'S SEAL MUST B� AFFIXED OVER TIIE GRANTEE'S SIGhATURES. IF NO SUCH SEAL F.XISTS, IT MUST B� PROPERLY hGTARIZED, � 4