ST L COUNTY DEPT OF PLANNING
OFFICE OF CMTY DEV
SUPPLEMENTAL AGREEMT TO THE
MUNICIPAL HOUSING & CMTY DEV COOP AGREEMT
NO. [ 2000-1 ]
THIS SUPPLEMENTAL COOP AGREEMT (hereinafter referred to as the
"Supplement"), made & entered into this _____ day of
_____, 2000, by & between ST L COUNTY, MO, (hereinafter
referred to as "County"), & the City of [ VP ] ,
MO (hereinafter referred to as "Municipality").
WITNESSETH:
WHEREAS, the US Congress enacted the Housing & Cmty Dev Act of
1977 (hereinafter referred to as the "Act") providing fed funds to
local unit of gov't for the purposes of dev'g urban cmtys &
improving housing conditions & cmty svcs; &
WHEREAS, the Act allocates funds to County for the purpose of
undertaking Cmty Dev Program activities auth'd in Sec 105 thereof;
&
WHEREAS, the Act recognizes that Municipality may enter into
coop agreemts with County in order to undertake Cmty Dev activities
with Municipality as auth'd by Sec 105 of the Act; &
WHEREAS, County & Municipality have enacted ords auth'g their
chief ex officers to execute a Municipal Housing & Cmty Dev Coop
Agreemt dated the [ 14th ] day of [ JUNE ]
, 199[ 3 ] (hereinafter referred to as the "Agreemt" &
supplemts; &
WHEREAS, the provisions of Sec 70.210 to Sec 70.320 RSMo
inclusive empower municipalities or political subdivs to contract
with each other for a common svc & Sec 2.180 of the 1968 County
Charter provides that the County Council may, by ord, auth contracts
between County & an inc'd area for a common svc; &
WHEREAS, certain provisions of this supplemental agreemt are
intended to amend the Coop Agreemt previously entered into for the
purpose of conforming with HUD requiremts; &
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WHEREAS, County & Municipality desire to undertake a coop
Cmty Dev Program in accordance with the Act;
NOW, THEREFORE, County & Municipality mutually agree as follows:
1.
County & Municipality hereby agree to cooperate in the undertaking
or assist in the undertaking of essential Cmty Dev & housing
assistance activities, specifically urban renewal & publicly
assisted housing as set forth in Exh A "Scope of Program" attached
hereto & made a part hereof. Such activities are to be carried
out by Municipality in accordance with County's Cmty Dev Plan &
Housing Assistance Plan as submitted to HUD in County's Consolidated
Plan for Cmty Dev Block Grant, HOME & Emergency Shelter Grant
Programs. The Cmty Dev activities auth'd by the Act & outlined
in County's Consolidated Plan will be carried out thru funds rcv'd
as a result of the Act & made available to Municipality by County
for the purpose of undertaking Cmty Dev programs. The Cmty Dev
activities to be undertaken by Municipality as set forth in Exh A
will be performed in accordance with the terms & conditions of the
Agreemt, the supplemt, the Cmty Dev Procedures Manual, & may be
governed by add'l supplemts, if any, executed by County &
Municipality. This Agreemt shall remain in effect without
terminating during any time Municipality has CDBG Funds under
Contract, including Program Income, as defined by 24 CFR 570 et seq.
2.
Changes in the program as outlined in Exh A may be requested from
time to time by either County or Municipality & if mutually agreed
upon by & between Municipality & County shall be inc'd in a written
amendmt to the supplemt.
3.
Municipality agrees that it will contractually obligate funds within
the time limits stipulated in Exh A of this Agreemt unless an
extension of time has been specifically requested in writing by
Municipality & approved in writing by County. Funds not
contractually obligated as stipulated may be recaptured by County
without notice.
4.
Municipality further agrees to abide by the provisions of the SINGLE
AUDIT ACT of 1984, the OFFICE of MGMT & BUDGET circular A-133, A-87,
& A-110, if applicable.
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a)
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Municipality agrees to have an
audit made in accordance with OMB A-133 if total fed grants
spent during the FY exceed $300K. If total fed grants
spent during the FY are less than $300K, Municipality shall be
exempt from compliance with the SINGLE AUDIT ACT |
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of 1984 & other fed audit
requiremts prescribed by STATE & LOCAL law or regulation.
Nothing above exempts the Municipality from maintaining records
of fed grant expenditures or from providing access to such
records to fed agencies. |
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b)
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Municipality shall provide a copy of the audit report to the
COUNTY within 30 days of the completion date of the audit. |
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Municipality agrees to comply with the following provisions as
required by 24 CFR 570.503(b), to wit: |
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a)
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Municipality agrees to maintain & submit to COUNTY such records
& reports as requested & specified by COUNTY in order to assist
COUNTY in mtg its record keeping & reporting requiremts. |
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b)
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Municipality shall inform COUNTY of any & all income generated
by the expenditure of CDBG funds rcv'd by Municipality, from any
source whatsoever. Such program income shall be returned
to COUNTY, & will automatically be reallocated to Municipality
to be used for eligible Rehabilitation of Private Properties
activities in accordance with all CDBG requiremts as may then
apply, & any requiremts of the Coop Agreemt as are applicable.
It will not be necessary to amend Supplemental Coop Agreemts to
accomplish this reallocation. Any program income on hand
when the Agreemt expires shall be paid to COUNTY. |
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c) |
Municipality shall comply with
applicable administrative requiremts as described in 570.502. |
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d)
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Municipality shall comply with Subpart K of CFR 570 et seq,
specifically Secs 570.600 thru 570.612, except for the
exceptions noted in the regulations, being the Municipality does
not assume COUNTY's env'l responsibilities under 570.604 &
Municipality does not assume County's responsibility for
initiating the review process under Ex Order 12372. |
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e) |
Municipality agrees that any real
property under Municipality's control that was acquired or
improved in whole or in part with CDBG funds in excess of $300K
is either (1) used to meet one of the nat'l objectives in
570.208 until five yrs after expiration of this Agreemt,
or such longer period of |
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time as determined appropriate by
COUNTY; or (2) is disposed of in a manner which results in
the COUNTY being reimbursed in the amt of the current fair
market value of the property less any portion thereof
attributable to expenditures of non-CDBG funds for acquisition
of, or improvemt to, the property. |
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6.
Municipality shall comply with Subpart B of 24 CFR part 135 & shall
comply with all applicable goals for the utilization of small &
disadvantaged businesses in contracting activities of Sec 3 covered
projects as described in the aforementioned Subpart B.
7.
In accordance with 24 CFR 85.43, suspension or termination of this
Agreemt may occur if Municipality materially fails to comply with
any term of this Agreemt of the award of CDBG funds. The
Agreemt may also be terminated for convenience in accordance with 24
CFR 85.44.
8.
Municipality certifies that the Cmty Dev Block Grant Program
stipulated in Exh A gives maximum feasible priority to activities
which benefit low or moderate income families, aid in the prevention
or elimination of slums or blight, or are an urgent cmty dev need,
but that not less than seventy (70%) of funds rcv'd shall be used
for activities that benefit low & moderate income persons.
9. COUNTY hereby certifies that it has adopted & is enforcing:
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1. |
A policy prohibiting the use of
excessive force by law enforcemt agencies within its
jurisdiction against any individuals engaged in non-violent
civil rights demonstrations; & |
10.
COUNTY certifies that it has a policy of enforcing applicable State
& local laws against physically barring entrance to or exit from a
facility or location which is the subject of such non-violent civil
rights demonstrations within its jurisdiction;
11.
COUNTY certifies that to the best of its knowledge & belief:
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1. |
No fed appropriated funds have
been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any fed contract, the
making of any fed grant, the making |
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of any fed loan, the entering
into of any coop agreemt, & the extension,
continuation, renewal, amendmt, or mod of any fed contract,
grant, loan, or coop agreemt; |
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2. |
If any funds other than fed
aprop'd funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with this fed contract, grant, loan or coop agreemt, it will
complete & submit Standard -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; & |
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3. |
It will require that the
language of parag (11) of this certification be included in
the award docs for all subawards at all tiers (including
subcontracts, subgrants, & contracts under grants, loans, &
coop agreemts) & that all subrecipients shall certify &
disclose accordingly; |
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12.
COUNTY certifies that it will continue to provide a drug-free
workplace by:
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1. |
Publishing a statemt notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace
& specifying the actions that will be taken against employees
for violation of such prohibition; |
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2. |
Establishing an ongoing
drug-free awareness program to inform employees about - |
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(a) The dangers of drug
abuse in the workplace; |
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(b) The grantee's policy
of maintaining a drug-free workplace; |
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(c) Any available drug
counseling, rehabilitation, & employee assistance programs;
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(d) The penalties that
may be imposed upon employees for drug abuse violations
occurring in the workplace; |
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3. |
Making it a requiremt that each
employee to be engaged in the performance of the grant be
given a copy of the statemt required by parag 1: |
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4. |
Notifying the employee in the
statemt required by parag 1 that, as a condition of employmt
under the grant, the employee will - |
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(a) Abide by the terms of
the statemt; & |
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(b) Notify the employer
in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than
five calendar days after such conviction; |
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5. |
Notifying the agency in
writing, within ten calendar days after rcv'g notice under
subparag 4(b) from an employee or otherwise rcv'g actual
notice of such conviction. Employers of convicted
employees must provide notice, including position title, to
every grant officer or other designee on whose grant activity
the convicted employee was working, unless the fed agency has
designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of each
affected grant; |
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6. |
Taking one of the following
actions, within 30 calendar days of rcv'g notice under
subparag 4(b), with respect to any employee who is so
convicted - |
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(a) Taking appropriate
personnel action against such an employee, up to & including
termination, consistent with the requiremts of the
Rehabilitation Act of 1973, as amended; or |
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(b) Requiring such
employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such
purposes by a fed, state, or local health, law enforcemt, or
other appropriate agency. |
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7. |
Making a good faith effort to
continue to maintain a drug-free workplace thru implementation
of parags 1, 2, 3, 4, 5 & 6. |
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COUNTY certifies that it is following: |
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1. |
A current Consolidated Plan
which has been approved by HUD in accordance with Sec 105 of
the Cranston-Gonzales Nat'l Housing Affordability Act;
or |
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2. |
A housing assistance plan which
was approved by HUD during the 180 day period beginning
11/28/1990, or during such longer period as may be prescribed
by the Sec'y of HUD in any case for good cause. |
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