1p. Approving Subrecipient Agreement, Year XV CBBG Program 1
C I TY OF
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CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Action by City Administrator
endorsed
MEMORANDUM
TO: Don Ashworth, City Manager r '�-- - 3/�'
' !Ate S,:bmrt(.d to
FROM: Jo Ann Olsen, Senior Planner
Date Sll.'.rotted to Council
1 DATE: August 24, 1989 g/2S121
SUBJ: Resolution Approving Subrecipient Agreement for CDBG
Program
Attached please find a resolution approving Subrecipient
Agreement for the Urban Hennepin County Community Development
1 Block Grant Program between the County of Hennepin and the City
of Chanhassen authorizing the Mayor and City Manager to sign.
The agreement provides funding for handicap access to Lake Susan
1 park, rehabilitation of private property and South Shore Senior
Center operation. The agreements are attached for City Council
review.
RECOMMENDATION
Staff recommends the City Council adopt the attached resolution
approving the Subrecipient Agreement for the Urban Hennepin
County Community Development Block Grant Program.
1 ATTACHMENTS
1. Resolution.
2. Agreement
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: August 28, 1989 RESOLUTION NO:
MOTION BY: SECONDED B':
RESOLUTION APPROVING SUBRECIPIENT AGREEMENT
FOR THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BETWEEN THE COUNTY OF HENNEPIN AND THE CITY OF CHANHASSEN
AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN
WHEREAS, the Subrecipient Agreement for the Urban Hennepin 1
County Community Development Block Grant Program on Document
Contract No. 90702 between the County of Hennepin and the City of
Chanhassen has been prepared and presented to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chanhassen that the Subrecipient Agreement for the Urban
Hennepin County Communioty Development Block Grant Program is
hereby approved and the Mayor and City Manager are authorized to
sign.
Passed and adopted by the Chanhassen City Council this
28th day of August , 1989 .
ATTEST:
Don Ashworth, City Manager Donald J. Chmiel , Mayor ,
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Contract No. q C1 C 2
SUBRECIPIENT AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
THIS AGREEMENT made and entered into by and between the COUNTY OF
HEFTEPIN, State of Minnesota, hereinafter referred to as "RECIPIENT," and the
1 ; i.\./ of L h0.11 , 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-
' went activities in cooperation with Subrecipient; and
WHEREAS, $ "n`:=1, -q from Federal Fiscal Year 1989 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 1989 Statement of Objectives and Projected Use of Funds, Urban
Hennepin County Community Development 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 community development activity/ies,
described in Exhibit 1.
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, and shall fully
' expend the funds related thereto not later than December 31, 1990.
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 Community Development Block Grant Regulations, 24
CFR Part 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
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necessary to insure compliance with the above described procurement
requirements. The Recipient shall provide advice and staff assis-
tance to the Subrecipient to carry out its CDBG-funded activity/ies. 1
4. The Subrecipient shall be responsible for carrying out all acquisi-
tions of real property necessary for implementation of the activ-
ity/ies.
The Subrecipient shall conduct all such acquisitions in
its name and shall hold title to all properties 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 activ-
ity/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 S 570.606(a) and
HUD implementing regulations at 24 CFR Part 42; the requirements in
S 570.606(b) governing the residential antidisplacement and reloca-
tion assistance plan under section 104(d) of the Housing and
Community Development Act of 1974 (the Act) ; the relocation require-
ments of S 570.606(c) governing displacement subject to section
104(k) of the Act; and the relocation requirements of S 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 disallowing such expenditures, the
Recipient reserves the right to recover from the Subrecipient other
monies to fund such disallowed CDBG expenditures. 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 (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.
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8. a. The Subrecipient does hereby ereby 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
unbrella 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 Community
Development Block Grant funds in such amounts as agreed upon in this
Agreement to enable the Subrecipient to carry out its CDBG-eligible
activity/ies as described in Exhibit 1. It is understood that the
Recipient shall be held accountable to the 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 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.
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 to 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 of 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.
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12. The Recipient agrees to
p g provide technical assistance to the Sub-
recipient in the form of oral and/or written guidance and on-site
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.
13. The Recipient shall have authority to review any and all procedures I
and all materials, notices, documents, etc. , prepared by the
Subrecipient in implementation of this Agreement, and the Sub-
recipient 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 Agreement
may be terminated for convenience in accordance with 24 CFR 85.44. I
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, re'ligion,
age, sex, disability, marital status, affectional/sexual preference,
public assistance status, ex-offender status, or national origin; 1
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and no person who is_protected p 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, 1989. The termina-
l' tion date of this agreement is December 31, 1990, 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.
' 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 Recipi-
ent 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 establish-
ing 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 Sub-
recipient, 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 S 570.208 until
' five years after expiration of this Agreement;
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.
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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, 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 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 Sub-
recipient 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 Government
Facilities) ; (c) (Special Assessments) ; (f) (Means of Carrying Out
Eligible Activities) ; and (j) (Constitutional Prohibitions Concern-
ing Church/State Activities) . '
24. The Subrecipient shall comply with the Lead-Based Paint notifica-
tion, inspection, testing and abatement procedures established in 24
CFR 570.608.
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SUBRECIPIENT having signed gned 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 HENNEPIN, STATE OF MINNESOTA
Agreement will be legally
' valid and binding. By:
Chairman of its County Board
QAZ?21/L. u/• LAA-41 And:
Assistant is ant County Attorn r Deputy/Associate County Administrator
Date: -1 ^a0 ATTEST:
' Deputy/Clerk of the County Board
APPROVED AS TO EXECUTION:
SUBRECIPIENT:
of
Assistant County Attorney By.
Its
Date:
And:
CITY MUST CHECK ONE: Its
The City is organized pursuant ATTEST:
to: Title
Plan A Plan B Charter
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SUBRECIPIENT AGREEMENT 11
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
EXHIBIT 1.
STATEMENT OF WORK
The following activities 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 $33,488 is to be provided in Urban Hennepin County Community Develop-
ment Block Grant funds to the city of Chahassen to assist in the funding of
the following activities in the amount and under the stipulations indi-
vidually specified in each attachment:
A. Handicapped Accessibility - Lake Susan '
B. Rehabilitation of Private Property
C. Southshore Senior Center/Operating
IIATTACHMENT A
II1. ACTIVITY: Handicapped Accessibility - Lake Susan Park
1 2. LOCATION: ADDRESS: 4
CENSUS TRACT: 907
3. NUMBER: 014
II4. BUDGET: $7,500
II5. BENEFIT: L/M (Limited Clientele)
6. DESCRIPTION:
IIImplement handicapped accessibility improvements to Lake Susan Park,
i.e. , wheelchair ramps, protective railing and signage.
I 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.
I [ ] Supplemental Agreement
I Type: [ ] Non-Profit Agency
[ ] Public Agency
[ ] Other
I 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
I Subrecipient Agreement and such other requirements as are identified
herein.
[X] Schedule
IActivity must be implemented in a timely manner and completed by December
31, 1990.
I [X] Environmental Review Record
II Per 24 CFR Part 58 Subpart E the environmental review status for this
activity has been determined as follows:
[ ] Exempt (EX)
I [ ] Categorically Excluded (CE)
[X] Categorically Excluded/Exempt (CE/EX)
[ ] Assessment Required (AR)
II [ ] Funds Released (FR) Date:
II
II
[X] Labor Standards/Equal Employment Opportunity
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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.
[X] 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.
[ ] 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 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
[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)(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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ATTACHMENT B
1. ACTIVITY: Rehabilitation of Private Property
2. LOCATION: ADDRESS: Citywide
CENSUS TRACT: NA
3. NUMBER: 015
4. BUDGET: $19,053
5. BENEFIT: L/M (Housing) ,
6. DESCRIPTION:
Provide deferred loans to low/moderate income homeowners for improvements '
to their home consistent with the Urban Hennepin County Procedural Guides
for Housing Rehabilitation. The activity will be operated by Hennepin
County. Program income will be returned to the 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 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, 1990.
[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)
[X] Categorically Excluded (CE)
[ ] Categorically Excluded/Exempt (CE/EX)
[ ] Assessment Required (AR)
[ ] Funds Released (FR) Date: -
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[ ] Labor Standards/Equal Employment Opportunity
IAll 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
Iand the Copeland (Anti-Kickback) Act.
All federally funded or assisted construction contracts or subcontracts
I 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.
I [ ] Procurement
Standards and guidelines are established in 24 CFR Part 85.36 for the
1 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
Icontracts 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
I 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.
I - Competitive Sealed Bids. (Formal Advertising) To be followed when
the purchase/s, costing in the aggregate, exceeds $25,000. Sealed
I 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.
I - 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
Iused 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.
[ ] 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.
Labor Standards/Equal Employment '
[ ] yment OppOYturiity
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.
[ ] 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 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
[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)(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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