90-76 B
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION NO. 90-76 B
WHEREAS, the City of Chanhassen has executed a Joint
Cooperation Agreement with Hennepin County for the purpose of participating
in the 1990 (Year XVI) 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 of those funds; 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 FURTHER RESOLVED, that the Chanhassen City Council
hereby authorizes and directs the Mayor and the City Clerk/Manaqer to
execute the Subrecipient Agreement, County Contract Number A 05460 , on
behalf of the City.
PASSED AND ADOPTED THIS 9th day of July, 1990.
ATTEST:
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City Clerk/Manager
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Contract No. A05tf/PO
SUBRECIPIENT AGREEMENT
llRBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPIN, State of Kinnesota, hereinafter referred to as wRECIPIENT,w and the
t!,~. of fl.naJ1 no S<-P-f/ . , hereinafter referred to as wSUBRECIPIE..~, W
said parties to this Agreement each being governmental units of the State of
Kinnesota, and is made pursuant to Kinnesota Statu~es, 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 c.rry out various community develop-
ment activities in cooperation with Subrecipient; and
WHEREAS, $ 3~ 3:14- from Federal Fiscal Year 1990 CDBG funds has been
approved by Recipient for use by Subrecipient for the implementation of
eligible and fundable community develop.ent activity/ies as included in and a
part of the 1990 Statement of Objectives and Projected Use of Funds, Urban
Hennepin County Community Developme~t Block Grant 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 1990 Statem~nt 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 cm
570.502, shall apply to .all activities undert.ken 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 cm 85)
(which replace OKB Circular A-102 for the purposes of this Agree-
ment), the procurement requirements of the Subrecipient, and all
provisions of the Community Development Block Grant Regulations; 24
cm 570 (the most restrictive of which will take precedence). The
Subrecipient"shall prepare, or cause to be prepared,~ll advertise
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ments, negotiations, notices, and documents; enter into all con-
tracts; and conduct all meetings, conferences, and interviews as
necessary to insure compliance with the above described procurement
requirements. The Recipient shall provide advise' and staff assis-
tance to the Subrecipient to carry out its CDBG-funded activity/ies.
4.
The Subrecipient shall be responsible for carrying out all acquisi-
tions of ~eal 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 HOD implementing regulations at 24 CFR 42; the requirements in
24 CFR 570.606(b) governing the residential antidisplacement 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 CFR570.606(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 OKS 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 disallowing such' expendi tures ,the
Recipient 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.
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 the U.S.
Department of Housing and Urban Development (HOD) for insuring
compliance with such requirements. The Subrecipient also ,ill
promptly notify the Recipient of. any changes in the scope or
character of the activity/ies which it is implementing.
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8.
a.
The Subrecipient does hereby agree to release, indemnify, and
hold harmless the Recipient from and against all costs,
expens~s. 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 Sub recipient, which are caused by or sustained in connection
with the tasks carried out by the Subrecipient under this
Agreement.
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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.
The Recipient agrees to provide the Subrecipient with Community
Development Block Grant funds in such amounts as agreed upon in this
Agre~ment to enable the Subrecipient to carry out its CDBG-eligible
activity/ies as describ,ed in Exhibit 1. It is understood that the
Recipient shall be held accountable to BUD for the lawful expendi-
ture of CDBG funds under this Agreement. The Recipient shall
therefore make no payment of CDBG funds to the Subrecipi~nt and draw
no funds from BUDjU.S. Treasury on behalf of aSubrecipient activ-
ity/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.
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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.
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11. The Recipient shall be responsible for the prepa~a.tionof all
requests for BUD 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 wit~ these requirements.
12. The Recipient agrees to provide technical assistance to the Subre-
cipient in the form of ~ral and/or written guidance and on-site
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~ assistance regarding Community Development Block Grant 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.
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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
Subrecipientfor 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.
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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/sexua1 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.
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18. The effective date of this Agreement is July 1, 1990. The termina-
tion date of this Agreement is December 31, 1991, or at such time as
the activity/ies constituting part of this Agreement are satisfac-
, tori1y completed prior thereto. Upon expiration, the Subrecipient
shall relinquish to the Recipient all program funds unexpended or
unc~mmitted for the activities dejCribed in Exhibit 1.
19. If the Subreciplent generated any program income as a result of the
expenditure of CDBG furids, the provisions of 24 CFR. 570.504 shall
apply, as well as the following specific stipulations:
a. The Subrecipient reeognizes that it must notify the Recipient
of any program income within ten (10) days of the date that
such program income is generated. Yhen program income is
generated by an activity that is only partially assisted with
CDBG funds, th~ 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.
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c. The Subrecipient further recognizes that the Recipient has the
'responsibility for monitoring and reporting to HOD 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 HOD. '
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 aa 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 CDBO' 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 afeer expiration of this Agreeme~t; or
b.
Disposed of in a manner that results in the Rec~pient'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 iinprove-
ment to, the property.
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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, usingCDBG 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 ciose-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.
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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 Olm Circular A-128,
Audits of State and Local Governments, and, as applicable, Olm
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 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.
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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 shou~d it not affirmatively
further fair housing within its own jurisdiction or impedes action
taken by Recipient to comply with the fair housing certification.
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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
Kember. of Congress, an officer or employee of Congress, or an
employee of a Kember 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 amendment, or modification of
any Federal contract; grant, loan, or cooperative agreement.
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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 Kember of Congress, an
officer or employee of Congress, or an employee of a Kember of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement Standard Form-LLL, -Disclosure Form to Report
Lobbying,- will be comple~ed and submitted in accordance with its
instructions.
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28. The use of excessive force by law enforcement agencies against any
. individuals engaged in nonviolent civil rights demonstrations within
the jurisdiction of the Subrecipient is prohibited.
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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 COUNTY OF aENNEPIN,
Agreement will be 1ega11y~ STATE OF MINNESOTA
valid and binding. /~. ~" Y', .
~Ch~irman of its County Board
Assistant County Atto,~1 And:
//' / /1 .~ c::::;i /r Deputy/As~ociate County Administrator
Date: L-Lv . V
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APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
Attest:
Deputy/Clerk of the County Board
SUB, RECIPIENT: ~
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By: ~ ' ," 'z,
I ts "'~b'r '
And:
::.at: <~ Qj.5b
Title C!.i.'f u I f'lo. ~(..\'"
The City is organized pursuant to:
Plan A
./ P1anB
Charter
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Contr~ct No. A0546Q
SUBRECIPIENT AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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EXHIBIT 1.
STATEMENT OF WORK
The following activity/ies shall be carried out by the City of Chanhassen
under the terms of this Agreement and the details and processes set forth
below.
Up to $33,325 are to be provided in Urban Hennepin County CDBG funds
to the City of Chanhassen to assist in the funding of the following activi-
ty/ies in the amount. and under the stipulations individually specified:
Attachment A.
Attachment B.
$26,112 .
7.212
#009
#010
.Senior Center Facility
So Shore Sr Center/Oper
$33,325
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1. ACTIVITY: Senior Center Facility
2. LOCATION: ADDRESS: Citywide
CENSUS TRACT:
3. NUMBER: 009
4. BUDGET: $26,112
5. BENEFIT: L/M (Limited Clientele)
6. DESCRIPTION:
The city of Chanhassen is completing a seni.or needs study which will
serve as the basis for the programmed capital project. The needs study
is scheduled for completion in the spring of 1990 with the capital
project to be identified in the fall of 1990.
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.
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[] Suoolemental Aireement
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 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, 1991.
[X] Environmental Review Record
Per 24 CFR Part 58 Subpart E the environmental review status for this
activity has been determined as follows: ..
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[] Exempt (EX)
[] Categorically Excluded (CE)
[] Categorically Excluded/Exempt (CE/EX)
[X] Assessment Required (AR)
[] Funds Released. (FR) Date:
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[Xl Labor Standards/Eaua1 ElD1)loyment O-Ooortunity
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.
[Xl 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.
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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 .normal1y 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 Assistan~e and Real prooerty Acquisition
The standards described in 49 CFR Part 24 ~ha11 apply to activity that
involves the acquisition of real property or the displacement of persons,
including displacement caused by rehabilitation and demolition.
. .
[] Residential Antidisp1acement 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-
.4It 'ment Act of 1974, as amended.
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[l prooerty KanaJement
The standards described in 24 CFR Part 570.505 Subpart J shall apply to
all real property'which was acquired or improved in ~ho1e o~ 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.
. [l Land Disoosition A,reement
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.
[Xl Low and Koderate Income
Using the applicable Section 8 income limits established by HDD, it shall
be demonstrated that a 10w- and moderate-income activity so indicated in
5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208,
relating to:
[ 1 Area Benefit
[X] Limited Clientele
[l Hous ing
[l Job Creation or Retention
[] Prevention or Elimination of Slums and B1iSht
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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).
[l Spot Basis. The specific conditions of blight or physical decay not
located in a,slum or blighted area must be described.
[] Urlent 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 ~ea1th or
welfare of the community.
[] Othe~ Requirements
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ATTACHMENT B
1. ACTIVITY: Souths~ore Senior Center/Operations
2. LOCATION: ADDRESS: Citywide
CENSUS TRACT:
3. NUMBER: 010
4. BUDGET: $7.212
5. BENEFIT: L/K (Limited Clientele)
6. ~ESCRIPTION:
Provide funds for paying the salary of the Coordinator of the Southshore
Senior Center for the period July 1. 1990 to June 30. 1991.
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]
Suoolemental A,reement
Type: [X] Non-Profit Agency Senior Community Services
[ ] Public Agency
[ ] Other'
An agreement must be executed betWeensubrecipient 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. 1991.
[X] Environmental Review Record
Per 24 CFR Part "58 Subpart E the environmental review status for this
activity has been determined as follows:"
( ]
[ ]
(X]
[ ].
[ ]
Exempt (EX) .
Categorically Excluded (CE)
Categorically Excluded/Exempt
Assessment Required (AR)
Funds Released (Fa.) Date:
(CE/EX)
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[] Labor Standards/Eaual Emoloyment ODoortunity
All construction proj,cts of $2,000 or more and financed in who~e 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 establishe.d 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.
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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 A~vertising) 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.
[ ] Unifo~ Relocation Assistance and Real Proper~ Acauisition
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 !ehabilitation and demolition.
[ ]
Residential Antidis~laceme~t and Reloc~tion Assistance
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All occupied and vacant occupiable low-moderate income dwelling units
demolis~ed 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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[] Pro'Dertv Mana~ement -
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 Dis'Dosition 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.
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[X] Low and Moderate Income
Using the applicable Section 8 income limits established by BUD, 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
[] Hous ing
[] Job Creation or Retention
e [] Prevention or Elimination of Slums and Bli,ht
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.
[] Urlent 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 Reauirements
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