CR 91-148 Mayor And City Manager Agreement - CDBG ProgramG A'
July 8, 1991 Council Report #91 -148
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AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT
AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY
CDBG PROGRAM
Proposed Action
Staff recommends approval of the following motion: Approve
Resolution 91 -90 autho rizing the Mayor and City Manager to
execute a subrecipient agreement with Hennepin County for
the Urban Hennepin Cou nty Community Development Block Grant
Program.
With approval of this motion, the subrecipient agreement
will be submitted to Hennepin County and the 1991 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 XVII, the City's total allocation of CDBG
funds is $100,957.
In March of this year, a public hearing was held on the
proposed use for the funds and subsequently, an application
was submitted to Hennepin County for the 1991 program year.
Hennepin County approved an allocation of $88,727 for
housing rehabilitation and $12,230 for day care assistance,
reduced from the proposed $15,000. As discussed in a
previous Council update, this reduction has been approved by
the Greater Minneapolis Day Care Association.
In order to receive the funds, the attached resolution must
be approved and the subrecipient agreements executed by the
Mayor and City Manager.
Supporting Information
o Resolution 91 -90
o Subrecipient Agreement
"Y y d rsten E1 erum
/R ousing C or�dinator
RESOLUTION NO. 91 -90
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN
HENNEPIN COUNTY COMMMUNITY 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 1991 (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.
BE IT RESOLVED, that the Hopkins City Council hereby
authorizes and directs the Mayor and the City Manager to
execute Subrecipient Agreement, County Contract Number
A07571, on behalf of the City.
Adopted this 16th day of July, 1991.
BY:
ATTEST:
Mayor
City Manager
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SUBRECIPIENT AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Contract No. _A017571
THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPIN, State of Minnesota, hereinafter referred to as "RECIPIENT," and the
City of Hopkins , hereinafter referred to as " SUBRECIPIENT,"
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 develop-
ment activities in cooperation with Subrecipient; and
WHEREAS, $ lon,957 from Federal Fiscal Year 1991 CDBG funds has,been
approved by Recipient for use by Subrecipient for the implementation of
eligible and fundable community development activity /ies "as included in and a
part of the 1991 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 Exhibit 1, said
responsibilities being specified in part in the Joint Cooperation Agreement
executed between Recipient and Subrecipient and in the 1991 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. The Subrecipient shall expend all or any part of its CDBG allocation
only on those activities identified in Exhibit 1.
2. The Uniform Administrative Requirements, as promulgated in 24 CFR
570.502, shall apply to all activities undertaken by the Sub-
recipient provided for in this Agreement or by any program income
generated therefrom.
3. 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 with the "Common Rule" provisions (24 CFR 85)
(which replace OMB Circular A -102 for the purposes of this Agree-
ment), the procurement requirements of the Subrecipient, and all
provisions of the CDBG Regulations, 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 insure compliance with
the above described procurement requirements. The Recipient shall
provide advice and staff assistance to the Subrecipient to carry out
its CDBG- funded activity /ies.
4. The Subrecipient shall be responsible for carrying out all acquisi-
tions of real property necessary for implementation of the activity/
ies. The Subrecipient shall conduct all such acquisitions in its
name and shall hold title to all properties purchased. The Subre-
cipient 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 assis-
tance to the Subrecipient to carry out its CDBG- funded activity /ies.
5. 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 42; the requirements in
24 CFR 570.606(b) governing the residential antidisplacement
relocation assistance plan under section 104(d) of the Housing and
Community Development Act of 1974 (the Act); the relocation require-
ments of 24 CFR 570.606(c) governing displacement subject to section
104(k) of the Act; and the requirements of 24 CFR 570.606(d)
governing optional relocation assistance under section 105(a)(11) of
the Act.
6. The Subrecipient shall maintain records of the expenditure of all
CDBG funds it receives, such records to be maintained in accordance
with OMB Circulars A -87 and the "Common Rule" provisions (24 CFR 85)
and in accordance with OMB Circular A -110 and A -122, as applicable.
All records shall be made available, upon request of the Recipient,
for inspection /s and audit /s by the Recipient or its representa-
tives. 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 Recipient reserves the right to recover from the Subrecipient
such disallowed expenditures from non -CDBG sources. Audit pro-
cedures are specified below in Section 22 of this Agreement.
7. The Subrecipient shall take all necessary actions, not only to
comply with the stipulations as set out in Exhibit 1, but to comply
with any requests by the Recipient in that connection; it being
understood that the Recipient has responsibility to HUD for insuring
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.
Y.
8. a. The Subrecipient does hereby agree to release, indemnify, and
hold 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 amount 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 occurrence, and
$600,000 for total personal injuries arising from one occur-
rence. 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.
9. The Recipient agrees to provide the Subrecipient with CDBG funds in
such amounts as agreed upon in this Agreement to enable the Sub-
recipient to carry out its CDBG - 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 HUD/U.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 insure that the Subrecipient has
complied with the appropriate regulations and requirements.
10. The Recipient shall maintain the environmental review record on all
activities. The Subrecipient shall be responsible for providing
necessary information to the Recipient to accomplish this task.
11. 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
insure compliance with these requirements.
12. The Recipient agrees to provide technical assistance to the Subre-
cipient in 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.
13, 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 Subrecip-
ient 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.
14. In accordance with the provisions of 24 CFR 85.43, suspension or
termination of this Agreement may occur if the Subrecipient materi-
ally fails to comply with any term of this Agreement. This Agree-
ment may be terminated for convenience in accordance with 24 CFR
85.44. This Agreement may be terminated with or without cause by
either party hereto by giving thirty (30) days written notice of
such termination. 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.
15. Any material alterations, variations, modifications or waivers of
provisions of this Agreement shall only be valid when they have been
reduced to,writing as an Amendment to this Agreement signed and
approved by the respective,parties, governing bodies 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 in Exhibit 2 which shall be attached at the time of Any
Amendment.
16. All data collected, created, received, maintained or disseminated
for any purposes by the activities of the Subrecipient in the
performance of this Agreement is governed by the Minnesota Govern-
ment Data Practices Act, Minnesota Statutes, Chapter 13, and all
other statutory provisions governing data privacy, the Minnesota
Rules implementing such act now in force or hereafter adopted, as
well as Federal regulations on data privacy.
17. 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 benefits of, any program, service
or activity on the grounds of race, color, creed, religion, age,
sex, disability, marital status, affectional /sexual 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 discrimina-
tion.
18. The effective date of this Agreement is July 1, 1991. The termina-
tion date of this Agreement is December 31, 1992, or at such time as
the activity /ies constituting part of this Agreement are satisfac-
torily completed prior thereto. Upon expiration, the Subrecipient
shall relinquish to the Recipient all program funds unexpended or
uncommitted for the activities described in Exhibit 1.
19. 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 recognizes that.it must notify the Recipient
of any program income within ten (10) days of the date that.
such program income is generated. When program income is
generated by an activity that is only partially assisted with
CDBG funds, the income shall be prorated to reflect the
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 or may be retained by the Subrecipient, as
specifically identified in Exhibit 1.
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 Recip-
ient 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 estab-
lishing 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 Recipient 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.
20. 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
until five years after expiration of this Agreement; or
b. Disposed of in a manner that results in the Recipient's being
reimbursed in the amount of the current fair market value of
the property less any portion of the value attributable to
expenditures of non -CDBG funds for acquisition of, or improve-
ment to, the property.
21. 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 disposition.
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.
C. Any program income generated from the disposition or transfer
of 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.
22. 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 -110, Uniform Requirements for Grants to Universities,
Hospitals and Non-Profit . Organizations.
a. The audit is to be provided to Recipient on July 1 of each year
this Agreement is in effect and any findings of noncompliance
affecting the use of CDBG funds shall be satisfied by Subrecip-
ient 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 any one fiscal year.
C. The audit may not be paid from CDBG funds.
d. The Recipient reserves the right to recover, from non -CDBG
sources, any CDBG expenses which are disallowed by the audit.
23. 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 Concern-
ing Church /State Activities).
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24. The Subrecipient shall comply with the Lead -Based Paint notifica-
tion, inspection, testing and abatement procedures established in
24 CFR 570.608.
25. 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 impedes action
taken by Recipient to comply with the fair housing certification.
26. No federal appropriated funds have been paid or 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.
27. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influ-
ence 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 Federal contract, grant, loan, or
cooperative agreement Subrecipient will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
28. 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.
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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 hereto agree to be bound by the provisions
herein set forth.
Upon proper execution, this
Agreement will be legally
valid and b'nding.
Assistant County At torne
Date
COUNTY OF,HENNEPIN,
STATE OF MINNESOTA
By:
Chairman of its County Board
And:
Deputy /Associate County Administrator
Attest:
Deputy /Clerk of the County Board
APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
SUBRECIPIENT:
City of Hopkins
By:
Its
And:
Its
Attest:
Title
The City is organized pursuant to:
_ Plan A _ Plan B _ Charter
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4 SUBRECIPIENT AGREEMENT Contract No. A07571
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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 $100,957 are to be provided in Urban Hennepin County CDBG 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. #058 Child Day Care $ 12,230
Attachment B. #059 Rehab of Private Property 88.727
$100,957
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CDBG YEAR XVII SUBRECIPIENT AGREEMENT
ATTACHMENT A
1. ACTIVITY: Child Day Care
2. LOCATION: ADDRESS: Citywide
CENSUS TRACT:
3. NUMBER: 058
4. BUDGET: $12,230
5. BENEFIT: L/M (Limited Clientele)
6. DESCRIPTION: Provide child daycare assistance for Section 8 income
eligible households utilizing a sliding fee scale. Project will be
administered by the Greater Minneapolis Daycare Association.
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.
[X] SupRlemental Agreement
Type: [X] Non- Profit Agency GREATER MINNEAPOLIS DAYCARE ASSOCIATION
[ ] Public Agency
[ ] Other
An agreement must be executed between subrecipient and any other agency
providing a service or implementing an activity on behalf of subrecipi-
ent. 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, 1992.
[X] Environmental Review Record
Per 24 CFR Part 58 Subpart E the environmental review status for this
activity has been determined as follows:
[ J 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, and the regulations issued pursuant
thereto, 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 appropriate.
- 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.
[ ] Uniform Relocation Assistance and Real Pro erty Acquisition
The standards described in 49 CFR Part 24 shall apply to activity that
involves the acquisition of real property or the displacement of persons,
including displacement caused by rehabilitation and demolition.
[ ] Residential Antidisplacement 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 Develop-
ment Act of 1974, as amended.
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[ ] Property
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, one of the'four criteria of 24 CFR Part 570.2"08,
relating to:
[ ] Area Benefit
[X] Limited Clientele
( ] 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. The boundaries of the slum or blighted area
must be defined and meet the requirements of 24 CFR Part 570.208
[ ] 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, that an urgent need activity, so indicated in 5.
Benefit. above, is designed to alleviate a recent (within 18 months)
condition which poses a serious and immediate threat to the health or
welfare of the community.
[ ] Other Requirements
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CDBG YEAR XVII SUBRECIPIENT AGREEMENT
ATTACHMENT B
1. ACTIVITY: Rehabilitation of Private Property
'2. LOCATION: ADDRESS: Citywide
CENSUS TRACT:
3. NUMBER: 059
4. BUDGET: $88,727
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
consistent 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
[ J Public Agency
[ ] Other
An agreement must be executed between subrecipient and any other agency
providing a service or implementing an activity on behalf of subrecipi-
ent. 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, 1992.
[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, and the regulations issued pursuant
thereto, 41 CFR Part 60.
[ ] Procurement
Standards and guidelines are established in 24 CFR 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 appropriate.
Small Purchase. (Informal Method) To be followed for the purchase
of services, supplies 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.
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 I 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.
j ] Uniform Relocation Assistance and Real Property Acquisition
The standards described in 49 CFR Part 24 shall apply to activity that
involves the acquisition of real property or the displacement - of persons,
including displacement caused by rehabilitation and demolition.
Residential, Antidisnlacement a nd 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 Develop-
ment Act of 1974, as amended.
[ ] 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. The boundaries of the slum or blighted area
must be defined and meet the requirements of 24 'CFR Part 570.208
(b)(1)•
[ ] 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)
condition which poses a serious and immediate threat to the health or
welfare of the community.
[ ] Other Requirements
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