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CR 92-158 Auth Agreement CDBG Program . .11 ~----- , '\' y 0 \ U '" iiI} " < ;.,...:,-,- ....-.>,'.:.,.h . "<'(>r' 'J""",;';' July 24, 1992 -y d '" Council Report #92-158 o P K \ ~ AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY CDBG PROGRAM Pro'Posed Action Staff recommends approval of the following motion: Approve Resolution 92-64 authorizinq the Mayor and city Manaqer to execute a subrecipient aqreement with Hennepin County for the Urban Hennepin County Community Develo~ment Block Grant Proqram (CDBG). with approval of this motion, the subrecipient agreement will be executed and submitted to Hennepin County and the 1992 CDBG funds released to the City. Overview The City of Hopkins has executed a Joint Cooperation Agreement with Hennepin County to participate in the Urban . Hennepin County Community Development Block Grant Program. For program year XVIII, the City's total allocation of CDBG funds is $106,014.00. In February of this year, a public hearing was held on the proposed use for the 1992 CDBG funds. Although the Greater Minneapolis Day Care Association (GMDC) had received preliminary approval to receive a portion of the CDBG funds, it was decided to allocate all 1992 CDBG funds for housing rehabilitation, due to GMDC's inability to spent previous allocations. However, if by December 1992 GMDC has demonstrated a need for and the ability to spend 1992 CDBG funds, the City will consider a budget amendment up to $12,000 for day care subsidy. The attached resolution must be approved and the subrecipient agreements executed in order for 1992 CDBG funds to be released. SU'P'Portinq Information o Resolution No. 92-64 o Subrecipient Agreement . 2--..,- ..,'~..-'--- Housing Coordinator t ). ':. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 92-64 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the city of Hopkins has executed a Joint cooperation Agreement with Hennepin County for the purpose of participating in the 1992 (Year XVII!) Urban Hennepin County Community Development Block Grant Program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U.S. Department of Housing and Urban Development for purposes of the program and the City is a subrecipient under the program and receives a share of the grant; and WHEREAS, program regulations require that the City and ~;. county execute a subrecipient Agreement which sets forth the specific implementation processes for activities to be undertaken with program funds. NOW THEREFORE BE IT RESOLVED, ,that the Hopkins City Council hereby authorizes and directs the Mayor and City Manager to'execute SubrecipientAgreement, County Contract Number A09552, on behalf of the City. Adopted by the City Council of the City of Hopkins this 4th day of August, 1992. By Nelson W. Berg, Mayor Attest: James A. Genellie, city Clerk ~. ~~ 1- ,-.; ~ . Contract No. A09552 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as "RECIPIENT," A-2400 Government Center, Minneapolis, Minnesota 55487, and CITY OF HOPKINS, hereinafter referred to as "SUBRECIPIENT," 1010 1st Street South, Hopkins, MN, 55343. said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH' WHEREAS, Recipient has received a Community Development Block Grant (CDBG) entitlement allocation under Title I of the Housing and Community Development Act of 1974, as amended, to carry out various community development activities in cooperation with Subrecipient, according to the implementing regulations at 24 CFR Part 570; and, ' WHEREAS, $ 106.014.09 from Federal Fiscal Year 1992 CDBG funds has been approved by Recipient for use by Subrecipient for the implementation of eligible and fundab1e community development activity/ies as, included in and a . part of the 1992 Statement of Objectives and Projected Use' of Funds, Urban Hennepin County Community Development Block Grant (CDBG) program and as set forth in the Statement of Work described in Exhibit 1 to this Agreement; and WHEREAS, the Subrecipient agrees to assume certain responsibilities for the implementation of the approved activities described in E~hibit I, said responsibilities being specified in part in the Joint Cooperation Agreement effective October 1,1991, executed between Recipient and Subrecipient on August 20, 1991, and in the 1992 Statement of Objectives and Projected Use of Funds, Urban Hennepin County CDBG program and the Certifications contained therein. NOW, THEREFORE, the parties hereunto do hereby agree as follows: 1. SCOPE OF'SERVICES A. The Subrecipient shall expend all or ahy part of its CDBG allocation only on those activities identified in Exhibit I, "Statement of Work," subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibit 1 to this Agreement. B. The Subrecipient shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit I, but to comply with any requests by the Recipient in that connection; it being understood that the Recipient is responsible to the Department of Housing and Urban Development (HUD) for ensuring compliance with such requirements. The .' Subrecipient also will promptly notify the Recipient of any changes in the scope or character of the activity/ies which it is implementing. 1: , . 2. TERM OF AGREEMENT The effective date of this Agreement is July 1, 1992. The termination date of this Agreement is December 31, 1993, or at such time as the activity/ies constituting part of this Agreement are satisfactorily completed prior thereto. Upon expiration, the Subrecipient shall . relinquish to the Recipient all program funds .unexpended or uncommitted and all accounts receivable. attributable to the use of CDBG funds for the activities described in Exhibit 1. 3. THIRD PARTY AGREEMENTS The Subrecipient may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the Recipient and only through a written Third Party Agreement acceptable to the Recipient. The Subrecipient shall not otherwise assign, transfer, or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior consent of the Recipient. 4. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement which are a substantial change shall only be valid when they have been reduced to . writing as an Amendment to this . Agreement signed, approved, and properly executed by the authorized representatives of the parties. All Amendments .to this Agreement shall be made a part of this Agreement by inclusion as a numbered Exhibit which shall be attached at the time of any Amendment. Substantial change is defined as a change in (1) beneficiary; (2) proj ect location; (3) purpose; or (4) scope, resulting in more than a 50% increase or decrease in the original budget or $10,000, whichever is greater, in any authorized activity. The total budget of multi-community activities will be used in determining substantial change. 5. PAYMENT OF CDBG FUNDS The Recipient agrees to provide the Subrecipient with CDBG funds not to exceed $ 106.014.00 to enable the Subrecipient to carry out itsCDBG- eligible activity/ies as described in Exhibit 1. It is understood that the Recipient shall be held accountable to HUD for the lawful expenditure of CDBG funds under this Agreement. The Recipient shall therefore make no payment of CDBG funds to the Subrecipient and draw no funds from HUDjU.S. Treasury on behalf of a Subrecipient activity/ies, prior to having received a proper Hennepin County Warrant Request form from the Subrecipient for the expenses incurred, as well as copies of all documents and records needed to ensure that the Subrecipient has complied with the appropriate regulations and requirements. . 6. INDEMNITY AND INSURANCE " ' A. The Subrecipient does here~y agree to release, indemnify, and hold -...-. .- ._- ,-~- f " ,tit . harmless the Recipient from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the tasks carried out by the Subrecipient under this Agreement. B. The Subrecipient does further agree that in order to protect itself as well as the Recipient under the indemnity agreement provisions hereinabove set forth it will at all times during the term of this Agreement and any renewal thereof, have and keep in force: a single limit or combined limit or excess umbrella commercial and general liability insurance policy of an amourit of not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and/or total bodily injuries arising from one Qccurrence, and $600,000 for total personal injuries arising from one occurrence. Such policy shall also include contractual liability coverage protecting the Recipient, its officers, agents and employees by a certificate acknowledging this Agreement between the Subrecipient and the Recipient. C. The Subrecipient's liability, however, shall be goverped by the . provisions of Minnesota Statutes Chapter 466. 7. CONFLICT OF INTEREST '~ A. In the procurement of supplies, equipment, construction, and services by the Subrecipient, the conflict of interest provisions in 24 CFR 85.36 and OMBCircular A-110 shall apply. B. In all other cases, the provisions of 24 CFR 570.611 shall apply. 8. DATA PRIVACY The Subrecipient agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The Subrecipient agrees to defend and hold the Recipient, its officers, agents, and employees harmless from any claims resulting from the Subrecipient's unlawful disclosure and/or use of such protected data. 9. SUSPENSION OR TERMINATION A. If the Subrecipient materially fails to comply with any term of this Agreement or so fails to administer the wo.rk as to endanger the performarice of this Agreement, this shall constitute noncompliance and a default. Unless the Subrecipient' s default is excused by the Recipient, the Recipient may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately .4IIt cancelling this Agreement in its entirety. B. The Recipient's failure to insist upon strict performance of any ______~_~__ _ ___'_"_~C--=- " .' , . provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. C. This Agreement may be cancelled with or without cause by either party upon thirty (30) days' written notice according to the provisions in 24 CFR 85.44. D. CDBG funds allocated to the Subrecipient under this Agreement may not be obligated or expended by the Subrecipient following such date of termination. Any funds allocated to the Subrecipient under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert 'to the Recipient. 10. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the Recipient any CDBG funds on . hand or in the accounts receivable attributable to the us e ofCDBG funds, including COBG funds provided to the Subrecipient in the form of a loan. Any real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds in excess of $25,000 shall either be: . A. Used to meet one of the 'national objectives in 24 CFR 570.208 and not used for the general conduct of government until: (1) For units of general local government, five years from the date that the unit of general local government is no longer considered by HUO to be a part of Urban Hennepin County; or (2) For any other Subrecipient, five years after expiration of this Agreement. Or, B. Not used in accordance withA. above, in which event the Subrecipient shall pay to the Recipient, an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-COBG funds for acquisition of, or improvement to, the property. The payment is program income. to the Recipient. No payment is required after the period of time specified in A. above. 11. PROCUREMENT The Subrecipient shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of its activity/ies. Procurement shall be carried out in accordance. wi th the "Cornmon Rule" Administrative Requirements 'in 24 CFR 85 and all provisions of the COBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The Subrecipient shall prepare, or cause to be prepared, .' all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described .procurement -" ----- , ~"-"-";' ~ ~ requirements. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out ~ts CDBG-funded activity/ies. 12. ACOUISITION. RELOCATION. AND DISPLACEMENT A. The ,Subrecipient shall be responsible for carrying out all acquisitions of real property necessary for implementation of the acti vi ty lies . The Subrecipient shall ponduc t all such acquis i tions in its name, or in the name of any of its public, governmental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The Subrecipient shall be responsible for preparation of all notices, appraisals, and documentation required in conducting acquisition under'the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 'and of the CDBG Program., The Subrecipient shall also be responsible for providing all relocation notices, counseling, and / services required by said regulations. The Recipient shall provide advice and staff assistance to the Subrecipient to carry out its CDBG- funded activity/ies. B. The Subrecipient shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 4.2; the requirements in 24 .' CFR 570.606(b) governing the residential antidisplacement and " relocation assistance plan under sectionl04(d) of the Housing and Community Development Act of 1974 (the Act); the 'relocation requirements of 24 CFR 570.606(c) governing displacement subject to section l04(k)of the Act; and the requirements of 24CFR 570.606(d) governing optional relocation assistance under section 105(a)(11) of the Act. 13. ENVIRONMENTALREVIEW The Recipient shall determine the level of environmental review required under 24 CPR Part 58 and maintain the environmental review record on all activities. ,The Subrecipient shall be responsible for providing necessary information, relevant documents, and public notices to the Recipient to accomplish this task. 14. LABOR STANDARDS. EMPLOYMENT. AND CONTRACTING The Recipient shall be responsible for the preparation of all requests for HUD for wage rate determinations on CDBG activities undertaken by the Subrecipient. The Subrecipient shall notify, the Recipient prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The Recipient will provide technical assistance to the Subrecipient to ensure compliance with these requirements. . -'--,,-.-- . _~_ ~. ~ - ,--e- . 15. PROGRAM INCOME If the Subrecipient generated any program income as a result of the expenditure of CDBG funds, the provisions of 24 CFR 570.504 shall apply, as well as the following specific stipulations: A. The Subrecipient will notify the Recipient of any. program income within ten (10) days of the date such program income is generated. When program income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the, I ' percentage of CDBG funds used. B. That any such program income must be paid to the Recipient by the Subrecipient as soon as practicable after such program income is 'generated unless the Statement of Work in Exhibit 1 specifically permits the Subrecipient to retain program income. C. The Subrecipient further recognizes that the Recipient has the responsibility for monitoring and reporting to HUD on the use'of any such program income. The responsibility for appropriate recordkeeping by the Subrecipient and reporting to the Recipient by the Subrecipient on . the use of such program income is hereby recognized by the Subrecipient. The Recipient agrees to provide technical assistance to the Subrecipient in establishing, an appropriate and proper recordkeeping and reporting system, as required by HUD. . D. That in the event of close-out or change in status of the Subrecipient, any program income that is on hand . or received subsequent to' the close-out .or change in status shall be paid to R~cipient as soon as practicable after the income is received. The Recipient agrees to notify the Subrecipient, should close-out or change in status of the Subrecipient occur. 16. USE OF REAL PROPERTY The following standards shall apply to real property under the control of the Subrecipient that was acquired or improved, in whole or in part, using CDBG funds: A. The Subrecipient shall inform .the Recipient at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements including disposi tion. The Subrecipient will comply with the requirements of 24 CFR 570.505 to provide affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. B. The Subrecipient shall reimburse the Recipient in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not . qualify' under the CDBG regulations. Said reimbursement shall be ,. provided to the Recipient at the time of sale or transfer of the < property referenced herein. Such reimbursement shall not be required f . if the conditions of 24 CFR 570.503(b) (8)(i) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser . The Recipient will have the option of. requiring a second appraisal after review of the initial appraisal. C. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close-out, change of status or termination of the Joint Cooperation Agreement between the Recipient . and the Subrecipient shall be repaid to the Recipient at the time of disposition or transfer of ,the property. 17. ADMINISTRATIVE REQUIREMENTS , The uniform administrative 'requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the Recipient shall apply to all activities' undertaken by the Subrecipient provided for in this Agreement and to any program income generated therefrom. 18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment -. rights or participation in, or the \:>enefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disabili ty , marital status, affectionaljsexual preference, public assistance status, ex-offender status, or national origin; and' no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. B. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. ;1.9. NON-DISCRIMINATION BASED ON DISABILITY A. The Subrecipient shall comply with Section 504 of the ,Rehabilitation Act of 1973, as amended, '. to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the Recipient under Section 106 'and/or Section 108 of the Housing and Community Development Act of 1974, as amended. B. When and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, . Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accomodations and Services Operated By Private Entities" and ~~ all ensuing federai regulations implementing said Act. 20. LEAD-BASED PAINT The Subrecipient shall comply. wit:h the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 eFR 570.608. 21. FAIR HOUSING The Subrecipient shall be prohibited from receiving CDBG funds for activity/ies subject to this Agreement should it not affirmatively further fair housing within its own jurisdiction or impede action taken by Recipient to comply with ,the fair housing certification. 22. LOBBYING A. No federal appropriated funds have beenpaidor will be paid, by or on behalf of the Subrecipient, 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 Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. -~ B. If any funds other than Federal appropriated 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 empioyee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreementSubrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 23; USE OF EXCESSIVE FORCE BYLAW ENFORCEMENT AGENCIES Subrecipient has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a \ policy of enforcing applicable state and 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. 24. OTHER CDBG POLICIES The Subrecipient shall comply with. the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); ~ and (j) (Constitutional prohibitions Concerning Church/State Activities). --. --. ~--~ . 25. TECHNICAL ASSISTANCE The Recipient agrees to provide technical assistance to the Subrecipierttin the form of oral and/or written guidance and on-site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Subrecipient, and at other times at the initiative of the Recipient when new or updated information concerning the CDBG Program is received by the Recipient and deemed necessary to be provided to the Subrecipient. . 26. RECORDKEEPING The Subrecipient shall maintain records of the receipt and expenditure of all CDBG funds, such records to be maintained in accordance with OMB Circulars A-87 and the "Common Rule" Administrative Requiremen:ts in 24 CFR 85 and in accordance with OMB Circular A-110 and A-l22, as applicable. All records shall be made available upon request of the Recipient for inspection/s and audit/s by the Recipient or its representatives. If a financial audit/s determines that the Subrecipient has improperly expended CDBG funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the Recipierit reserves the right to recover from the Subrecipient such disallowed expenditures from. non-CDBG sources. Audit procedures are specified .below in Section 22 of this Agreement. 4It 27. ACCESS TO RECORDS The Recipient shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide 'all information required by any person authorized by the Recipient to request such information from the Subrecipient for the purpose of reviewing the same. 28. AUDIT The Subrecipient agrees to provide Recipient with an annual audit consistent with the Single Audit Act of 1984, (U.S. Public Law 98-502) and the implementing requirements of OMB Circular A-128, Audits of State and Local Governments, and, as applicable, OMB Circular A-llO, Uniform Requirements for Grants to Universities, Hospitals and Non-Profit Organizations. A. The audit is to be provided to Recipient on July l.of each year this Agreement is in effect and any findings of noncompliance affecting the use of CDBG funds shall be satisfied by Subrecipient within six (6) months of the provision date. B. The audit is not required, however, in those instances where less than $25,000 in assistance is received from all Federal sources in anyone . fiscal year: C. The cost of the audit is not reimburseable from CDBGfunds. ~ . D. The Recipient reserves the right to recover from the Subrecipient's non-CDBG funds any CDBG expenses which are disallowed by an audit. . . " . SUBRECIPIENT, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on . 19_. and pursuant to such approval and the proper County officials having signed this Agreement. the parties here~o agree to .be bound by the provisions herein set forth. Upon proper execution, this COUNTY OF HENNEPIN, Agreement will be legalli STATE OF MINNESOTA . valid and binding. ,drv4~~JKL By: Chairman of its County Board Assistant Coun y torney And: .;2- Deputy/Associate County Administrator Date: Attest: Deputy/Clerk of the County Board APPROVED AS TO EXECUTION: SUBRECIPIENT: . Assistant County Attorney Date: By: Its: . And: Its: Attest: Title: The City is organized pursuant to: _ Plan A - Plan B - Charter . . . Contract No. A09552 SUBRECIPIENT AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANTPROGRAH EXHIBIT 1 STATEMENT OF WORK The following activity/ies shall be carried out by the City of Hopkins under the terms of this Agreement and the details and processes set forth below. Up to $106,014 are to be provided in Urban Hennepin County COBG funds to the City of Hopkins to assist in the funding of the following activities in the amount and under the stipulations individually specified: Attachment A. #060 Rehab of Private Property $106,014 . , . . " . CDBG YEAR XVIII SUBRECIPIENT AGREEMENT ATTACHMENT A TO STATEMENT .OF WORK 1. ACTIVITY: Rehabilitation of Private Property 2. LOCATION: ADDRESS: Citywide CENSUS TRACT: 3,. . NUMBER: 060 4. BUDGET: $106,014 5. BENEFIT: L/M (Housing) 6. DESCRIPTION: This locally administered program provides loans/grants to eligible low/moderate income homeowners for improvements to their homes consi'stent with the Hennepin County Procedural Guides for Housing Rehabilitation. This is a multi-year activity. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity and are to be included in this section and made a part of this . agreement. [ ] Supplemental Agreement Type: [ ] Non-Profit Agency [] Public Agency [ ] Other An agreement must be executed between subrecipient and any other agency providing a service or implementing an activity on behalf of subrecipient. Said agreement must contain all pertinent sections contained in Subrecipient Agreement and such other requirements as are identified herein. , ) [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1993. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [ ] Exempt (EX) [ ] Categorically Excluded (CE) " [X] Categorically Excluded/Exempt (CE/EX) .- [ ] Assessment Required (AR) [ ] Funds Released (FR) Date: ~ , . [] Labor Standards/Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis-Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti-Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 12086, and the regulations issued pursuant thereto in 41 CFR Part 60. [] Procurement Standards and guidelines are established in 24 CFR Part 85.36. for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropri~te. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. ~ - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase/s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed-price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. _ Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed-price or cost- reimbursement type contract is awarded. This method is typically used for procuring professional services. [] Section 3 of the Housing and Urban Development Act of 1968 In connection with the planning and implementation of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area as the project. Contracts for work may include, but are not limited to, contracts for supply of goods and/or services. [ ] Uniform Relocation Assistance and Real Property Acquisition '\ .- The. standards described in 24 CFR 570.606 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. ,. , . [ ] Residential Antidisolacement and Relocation Assistance All occupied and vacant occupiable low~moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low-moderate income household in accordance with the Urban Hennepin County CDBG Program Anti-displacement and Relocation Assistance Policy pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended, and the provisions in 24 CFR 570.606. [ ] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this.. agreement. { ] Land Disposition Agreement This agreement, executed between Hennepin County and the subrecipient community, contains the terms under which the community can acquire and . hold land for a specified use and time period. {X] Low and Moderate Income . Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate-income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: ( ] Area Benefit , [ ] Limited Clientele [X] Housing [ ] Job Creation or Retention [ ] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ ] Area Determination. Tne boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208(b)(l). [ ] Spot Basis. The specific conditions of blight or physical decay not located ,in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, . is designed to alleviate a recent (within 18 months) . condi tion which poses a serious and immediate threat to the heal th or welfare of the community. [ ] Other Requirements