Loading...
91-080 "l' . . .. . . RESOLUTION NO. 80-91 A RESOLUTION APPROVING THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY 1991 CDBG PROGRAM (YEAR XVII) WHEREAS, the city of Shorewood is a cooperating unit in the urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a joint cooperation agreement executed between the City and Hennepin County pursuant to MSA 471.59; and WHEREAS, the City has executed a Subrecipient Agreement with Hennepin County which allocates $6,233 from the FY 1991 Urban Hennepin County CDBG program for the purpose of supporting the activities of the Southshore Senior Community Services/Operations; and WHEREAS, the City desires to enter into a Third Party Agreement with Senior Community Services to provide such support. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City of Shorewood hereby approves the Third Party Agreement, Urban Hennepin County, CDBG Program, with Senior community Services, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Shorewood authorize the Mayor and City Administrator to execute said Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of August, 1991. ATTEST: c 1fwVWl mes C. Hurm ty Administrator . THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (C(Q)~Y This agreement made and entered into by and between the CITY OF SHOREWOOD (City) and SENIOR COMMUNITY SERVICES (Provider). WITNESSETH: WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a joint coopera- tion agreement executed between the City and Hennepin County pursuant to MSA 471. 59, and WHEREAS, the City has executed a Subrecipient Agreement with Hennepin County which allocates $6,233 from the FY 1991 Urban Hennepin County CDBG program for the purpose of supporting the activities as identified in Exhibit 1, attached and made a part of this agreement, hereinafter referred to as "activ- ities." NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: 1. The Uniform Administrative Requirements in 24 CFR 570.502 issued by the United States Department of Housing and Urban Development (HUD) , shall apply to activity. . 2. The Provider shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of the activity. Procurement shall be carried out in accordance with the OMB Circular A-IIO. The Provider 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. 3. The Provider shall be responsible for carrying out any acquisi- tions of real property necessary for implementation of activity. The Provider shall conduct all such acquisitions in its name and shall hold title to all properties purchased. The Provider shall be responsible for preparation of all notices, appraisals, and documen- tation required in conducting acquisition under the latest appli- cable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Provider shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. 4. The Provider 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 Part 42; the requirements in 24 CFR 570.606(b) governing the residential anti-displacement and 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, as pertaining to the activity. 5. The Provider shall maintain records for the expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circular A-110 and A-122, as applicable. All records shall be made available, upon request of the City for monitoring by the City. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Provider in implementation of activity, and the Provider agrees to provide all information required by any person authorized by the City to request such information from the Provider for the purpose of reviewing the same. 6. The Provider shall take all necessary actions required to implement activity and to comply with any related requests by the City, it being understood that the City has responsibility to Hennepin County for insuring compliance with such requirements. The Provider also will promptly notify the City of any changes in the scope or character of activity. 7. The Provider does hereby agree to release, indemnify, and hold harmless the City 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 Provider and property of Provider, which are caused by or sustained in connection with the tasks carried out by the Provider under this Agreement. 8. The City agrees to provide the Provider with CDBG funds in such amounts as agreed upon in this Agreement to enable the Provider to carry out activity. It is understood that the City shall be held accountable to Hennepin County for the lawful expenditure of CDBG funds under this Agreement. The City shall therefore make no payment of funds to the Provider and draw no funds from Hennepin County on behalf of Provider, prior to having received from the Provider a request for reimbursement including copies of all documents and records needed to insure that the Provider has complied with all appropriate requirements. 9. The Provider shall maintain the environmental review record on all activities. The Provider shall be responsible for providing necessary information to the Subrecipient to accomplish this task. 10. The City shall be responsible for the preparation of all requests to Hennepin County for HUD wage rate determinations on activity. The Provider shall notify the City prior to initiating activity, including advertising for contractual services which will include costs likely to be subject to the provisions of Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. . 11. The City agrees to provide technical assistance to the Provider 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 Provider, and at other times, at the initiative of the City, when new or updated information concerning the CDBG Program is received by the City from Hennepin County and deemed necessary to be provided to the Provider. 12. In accordance with the provisions of 24 CFR 85.43, suspension or termination of this Agreement may occur if the Provider materially fails to comply with any term of this Agreement. This Agreement may be terminated for convenience in accordance with 24 CFR 85.44. The 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 Provider under this Agreement may not be obligated or expended by the Provider following such date of termination. Any funds allocated to the Provider under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the City. . 13. Any material alterations, variations, modifications or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement approved by Hennepin County through its Office of Planning and Development 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. 14. All data collected, created, received, maintained or disseminated for any purpose by the Provider in the performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minne- sota 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. 15. During the performance of this Agreement, the Provider 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 protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. . 16. 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 activity is satisfactorily completed prior thereto. Upon expira- tion, the Provider shall relinquish to the City all program funds unexpended or uncommitted for the activity. . 17. Any program income as a result of the activity shall be returned immediately to the City upon receipt and the provisions of 24 CFR 570.504 shall apply. 18. Any real property acquired or improved as a result of activity, 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; b. Disposed of in a manner that results in the City 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 improvement to, the property. 19. The following standards shall apply to real property acquired or improved as a result of activity, in whole or in part: a. The Provider shall inform the City 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 Provider shall reimburse the City in an amount equal to the current fair market value (less any portion thereof attribut- able to expenditures of non-CDBG funds) of property acquired or improved as a result of activity that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the City at the time of sale or transfer of the property. . 20. The Provider agrees to provide City or Urban County with an annual audit report consistent with OMB Circular A-llO, Uniform Requirements for Grants to Universities, Hospitals and Non-Profit Organizations and OMB Circular A-122 Cost. Principles for Non-profit organizations. a. The audit report is to be provided to City on July 1 of each year this Agreement is in effect and any findings of non- compliance affecting the use of CDBG funds shall be satisfied by Provider within six (6) months of the provision date. b. The audit may not be paid from CDBG funds. c. City reserves the right to recover from Provider the full amount of any CDBG funds found to be improperly expended or otherwise disallowed. . 21. The Provider shall comply with the general condition of 24 CFR 570.200, particularly sections; (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional Prohibitions Concerning Church/State Activities). . 22. The Provider as appropriate shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures estab- lished in 24 CFR 570.608. 23. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Provider, to any person for influencing or attempt- ing 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. 24. 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 Provider will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Provider, having signed this Agreement, and the City of Shorewood having duly approved this Agreement on August 26 , 1991, and pursuant to such approval the parties hereto agree to be bound by the provisions herein set forth. . IN TESTIMONY WHEREOF, the parties hereto have set their hands and affixed their seals this -2n day of August , 1991. Upon proper execution, this Agreement will be legally valid and binding. CITY OF SHOREWOOD STA~~SOTA ~ _ J By ~ VMr~ ~ and s i\J.4 G ~ PROVIDER: SENIOR COMMUNITY By , . and Its THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY . COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1. STATEMENT OF WORK The following activity shall be carried out by the Provider under the terms of this Agreement and the details and processes set forth below: 1. ACTIVITY: Southsore Senior Center/Oper 2. LOCATION: ADDRESS: Citywide CENSUS TRACT: 3. NUMBER: 114 4. BUDGET: $6,233 5. BENEFIT: L/M (Limited Clientele) 6. DESCRIPTION: Funds will be used for paying the salary of the center's coordinator for the period between July 1, 1991 to June 30, 1992. The project will allow for the continuation of the coordinator's services. . 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity. [] Supplemental Agreement Non-Profit Agency Public Agency Other An agreement must be executed with any other agency providing a service or implementing an activity on behalf of Provider. Said agreement must contain all pertinent sections contained in Third Party 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: [l Exempt (EX) [l Categorically Excluded (CE) [Xl Categorically Excluded/Exempt (CE/EX) [ 1 Assessment Required (AR) [l Funds Released (FR) Date: [] Labor Standards/Eoual 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 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. t . . . . [ ] 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. [ ] 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 Subrecipient and Provider, contains the terms under which the provider 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 [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 (b)(l). [] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Ur~ent 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.