BILL NO  1606 - Re: CDBG FUNDS -  SUPPLEMENTAL AGREEMT 2000-1

 

 TO MUNICIPAL HOUSING & CMTY DEV COOP AGREEMT

(3/6/00)

 

MOPR Notes:  This was on the 3/6/00 BOA Mtg Agenda & in the packet.  The Bill is marked Packet Item A-6-A & is of course unsigned;  nothing here is signed.   As in the packet, Exh A is the unnumbered page between 6 & 7.

 


   
BILL NO  1606  ORD NO             

 

AN ORD AUTH'G THE MAYOR TO ENTER INTO A SUPPLEMENTAL AGREEMT

 

 TO THE MUNICIPAL HOUSING & CMTY DEV COOP AGREEMT

 

WITH ST L COUNTY, MO

 

WHEREAS, VP has entered into a Coop Agreemt with St L County, providing for the administration of certain Cmty Dev Grants from the fed gov't, & 

 

WHEREAS, it is necessary to supplemt previous agreemts in order to conform to current US Dept of Housing & Urban Dev requiremts,

 

NOW, THEREFORE, BE IT ORDAINED BY VP BOA AS FOLLOWS: 

 

Sec One

 

Mayor is hereby auth'd on behalf of city to enter into a Supplemental Agreemt to the Housing & Cmty Dev Coop Agreemt with St L County, in a form as is attached & inc'd by reference as Exh A.

 

Sec Two

 

This ord shall become effective from & after its passage & approval by Mayor.

 

PASSED & APPROVED THIS ___ DAY OF _____, 2000.

 

                               
  Dan Adams, Mayor
ATTEST:                                   
Marguerite Wilburn, City Clerk  

 


 

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.

 

a)

 

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.
   

b)

 

Municipality shall provide a copy of the audit report to the COUNTY within 30 days of the completion date of the audit.

 
  5.  Municipality agrees to comply with the following provisions as required by 24 CFR 570.503(b), to wit:
   

a)

 

 

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.

   

b)

 

 

 

 

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.

   

c)

Municipality shall comply with applicable administrative requiremts as described in 570.502.
   

d)

 

 

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.

   

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.
   

 

  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:

 

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:

 

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;
   

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;  &
   

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;
 

12.  COUNTY certifies that it will continue to provide a drug-free workplace by:

 

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;

 

 

2.

Establishing an ongoing drug-free awareness program to inform employees about -
   
  (a)  The dangers of drug abuse in the workplace;
  (b)  The grantee's policy of maintaining a drug-free workplace;
  (c)  Any available drug counseling, rehabilitation, & employee assistance programs;  &
  (d)  The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
   

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:
   

4.

Notifying the employee in the statemt required by parag 1 that, as a condition of employmt under the grant, the employee will -
   
  (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;
   

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; 
   

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 -
   
  (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
   
  (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.
   

7.

Making a good faith effort to continue to maintain a drug-free workplace thru implementation of parags 1, 2, 3, 4, 5 & 6.
   
 13.  COUNTY certifies that it is following:
   

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
   

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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SUPPLEMENTAL AGREEMT

No:  2000-1

 

EXHIBIT A: SCOPE OF PROGRAM
   
MUNICIPALITY:  [ City VP ] Total Allocation:  [ $25,900.00 ]
   
FUND:       [ 475 ] ORG.    [ 4112 ]

__________________________

 

Activity Title:  [ Water & Sewer Facilities ]   Amt:  [ $25,900.00 ]
       
Acct: [ 5641 ] Task: [ EXP ] Option:  [ C00 ] Subprogram: [ NWSF12 ]
       

 

Description & Location:  [ Funds will be utilized for design & const of a new storm water inlet on Front Street & Marshall.  Project will also include installation of a new reinforced concrete pipe northwardly on Front St. ]

 

((below, on hardcopy but unnecessary here, are 2 more blank pre-printed sections as directly above))

__________________________

 

 

__________________________

 

 

__________________________

 

 

TIME OF PERFORMANCE:  CONTRACTUALLY OBLIGATED BY:  December 31, 2000

 

((unnumbered page))


IN WITNESS WHEREOF, the parties have signed this Supplement on the day & yr first above written.

 

  ST L COUNTY, MO
  By  _________________
  Title:  Director, Dept of Planning
  Approved:
  _____________________
  Title:  Director, Cmty Dev
 
I hereby certify that balances sufficient to pay the contract sum remain in the aprop accts against which this obligation is to be charged, to the extent County continues to rcv fed funds sufficient to pay contract sum, in accordance with Parag 20 of the applicable Municipal Housing & Cmty Dev Coop Agreemt, between Municipality & St L County dated as referenced in Parag 5 of this Agreemt.
  ____________________
  Cmty Dev Fiscal Mgr
Attest:  __________________ Municipality:  [ City of ]       
  _________[_VP_]_______
Title:  ___________________ By:  __________________
   
Approved as to Legal form: Title:  _________________
________________________  
  Municipal Atty  
   
  Affix Municipal Seal:
   

________________________________________________

- O C D  RE V I E W -

________________________________________________

   
OCD MGR  ___________________ C.D.A.O.A. ___________________
DATE  _______________________ DATE  _______________________

 

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