HomeMy Public PortalAboutORD10213 i
BILL NO. 84-32
SPONSORED BY COUNCILMAN 7 2 4rrc_,
Aelk E ORDINANCE NO. ® ,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE
BUDGET BY INCREASING ESTIMATED REVENUES AUTHORIZING SUPPLEMENTAL
APPROPRIATIONS, AND CREATING A CAPITAL PROJECTS FUND.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI ,
AS FOLLOWS:
Section 1 . The Budget is hereby amended by creating a
Capital Projects Fund and by estimating revenues for Account No.
34-00-335A State Grants of $500, 000.
Section 2 . The following appropriations are hereby made in
the Capital Projects Fund:
ACCOUNT NO. TITLE APPROPRIATION
34-99-510AA Storm Sewers 50, 000
34-99-510AB Water Facilities 17 , 000
34-99-510AC Parking Facilities 85 , 000
34-99-510AD Street Systems 30,000
34-99-510AE Street Accessories 25 , 000
34-99-510AF Other Utilities 10, 000
34-99-510AG Fencing 36 , 000
Ank 34-99-510AH Grading/Completion 247 , 000
qu
TOTAL $500, 000
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed �� — �,3 Approved .2.Z 0 T
Pr si ing Of cer Mayor
ATTEST:
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PROJECT NUMBER
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DEPARTMENT OF CONSUMER AFFAIRS, REGULATION AND LICENSING
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FISCAL YEAR 1983
GRANT AGREEMENT
This Agreement, entered into this 5th day of April, 1984
between the DEPARTMENT OF CONSUMER AFFAIRS, REGULATION AND LICENSING, a
Department of the State of Missouri, hereinafter referred to as the "Department",
and the CITY _ of JEFFERSON , hereinafter referred to
as the "Grantee".
WHEREAS, The Department has received an appropriation from the Missouri
General Assembly for expenditure of funds under the Community Development Block
Grant Program (CDBG) , and;
WRERF.AS, The Department has received a grant under Title I of the noising
and Community Development Act of 1974 (Public Law 93-383, as amended), from the
United States Department of Housing and Urban Development to administer Lh^ Small
Cities CDBG Program, and;
WHEREAS, the Governor of the State of Missouri has designated the
,Department of Consumer Affairs, Regulation and Licensing, as the Department. in
the State responsible for the administration of the Small Cities Community
Development Block Grant Program, and;
WHEREAS, it is the intention of the Department to use the Division o;:
Gcmmun{ty Development, commonly referred to as the Division. of Community ord
Economic. Development, as authorized by Section 251.090 of the Revised MissLari
Statutes of 1978, to enter into contracts, and;
WHEREAS, Grantee has submitted his application to the Department dal' the
Department has authorized funds to be encumbered in the amount stated in Hpendix
A for rb n�-rforma.n.re of the project a.�, degrri•hed t^intro t.F. )'zr,.tee's
appli. at•3 �xti; .
NOW THEREFORE, The Parties hereby agree ec foljxws:
1. Grantee agrees for the consideration hereinafter set. forth k. : ;tjvide
the necessary personnel, f°acilitiec, supplies, equipment, and related ieseutces
and skills to perform and accomplish the project in accordance with the °.ea,ms ane. ,
conditions incorporated and made part of this agreement.
® 2. Grantee shall perform the work called for in accordance with the time
schedule- set forth in Appendix A (Funding Approval).
3. 'i'he Department agrees to provide funding for the project up to a
maximum of the amount specified in Appendix A (Funding Approval).
4. Grantee agrees to submit a properly certified invoice as required on
forms provided by the Department, to the Department according to the schedule
specified by the Department.
5. Grantee shall document and report all other funds or in-kind acti;►itiee
used in conjunction with the funds provided herein. The amount of such other
funds shall be equal to or greater than the amount of other funds as specified in
Appendix A (Funding Approval),
6. Grantee agrees that any budget variances for any approved activity must
be approved in advance, in writing, by the Department;
7. Grantee agrees to abide by and comply with current regulations and
policies of the Department pertaining to the Community Development Block Grant
Program, and revisions and additional requirements as may be developed by the
Department from time to time;
S. Grantee agrees to furnish progress, technical, financial and final
reports to the Department through the Division in compliance with requests,
schedules, and deadlines for such reports and information.
9. Grantee agrees to furnish to the Department, a copy of all audits
regarding the funds under this contract. Grantee shall use a Certified Public
Accountant (CPA) to certify their financial statements, shall identify financial
assistance received from the Department in their financial statements, and the
CPA should certify that the Grantee has complied with all requirements of the
Department, in accordance with this agreement, including compliance with all laws
and regulations listed in Appendix B (Certifications).
10. Grantee agrees that the Department and government auditors and
representatives shall have access, for the purpose of audit or examination, to
any of the books, documents, papers, and records of Grantee, recording receipts
and disbursements of any of the funds made available to Grantee, under this
agreement, at any reasonable time.
11. Grantee further agrees that any audit exception noted by governmental
auditors or representatives shall be the sole responsibility of the Grantee and
the Grantee will refund the full amount of audit exceptions to the Department.
12. Grantee shall maintain complete and up-to-date records and accounts in
the organized and systematic manner, in order to assure the proper accounting for
all contract funds. Both federal and non-federal sources used in connection with
this project and these records shall be retained for five years after the
expiration of this contract, unless permission to destroy them is granted, in
writing, by the Department.
13. Grantee agrees that all funds received under this agreement will be
held and used by the Grantee for the purpose of accomplishing the project only,
and none of the funds so held or received shall be diverted to any other use or
purpose.
14. All published material such as reports, manuals, pamphlets, and '
articles, prepared under this agreement except those prepared exclusively for the
internal use of the Grantee, shall carry the following statement on the front
page of the document:
PRESENTED BY THE
MISSOURI DEPARTMENT OF CONSUMER AFFAIRS, REGULATION
AND LICENSING
DIVISION OF COMMUNITY AND ECONOMIC DEVELOPMENT
AND
(NAME OF GRANTEE)
. This statement must be in type, at least as large as the largest notation
of the Grantee. Further, all materials prepared for distribution shall also
carry on the front page of the document, in appropriate size type, the following
statement: "This project is financed through a grant from the Missouri Department
of Consumer Affairs, Regulation and Licensing with funds provided by the U.S.
Department of Housing and Urban Development under the Housing and Community
Development Act of 1974, as amended."
No material prepared In whole or in part under the agreement shall be
subject to copyright in the United States or In any other country. The
Department shall have the unrestr. ictc�d authority to publish, disclose.
distribute, and otherwise use, in whole or in part, any reports, data or other
materials prepared under this agreement.
15. Grantee agrees it will comply with all applicable State and Federal
laws including but not limited to those specified in Appendix B (Certifications) .
16. No approval of the Contracting Officer of the Grantee of any contracts
or sub-contracts for the performance of any work in connection with this
agreement shall be deemed in any event or in any manner to provide for the
incurring of any obligation of the Department and the Department shall not be
responsible for fulfillment of the Grantee's obligations to sub-contractors.
17. In the event that the Department in good faith determines that the
Grantee has failed to comply with this grant agreement or with any applicable
laws, regulations, guidelines or procedures of the Missouri Community Development
Block Grant program, Public Law 93-383, as amended and other printed material
distributed by the Department including program guidelines, application guidance,
newsletters, and memorandums, or that the Grantee is unduly dilatory in executing
its commitments under this agreement, the Department may:
(a) Refuse payment of grant funds to the Grantee, or, if the Grantee has a
lump-sum drawdown of grant funds in a local financial institution, those funds
may be immediately recalled by the Department or an order may be issued by the
Department that no funds shall be withdrawn from the financial institution:
(b) Order any CDBG funds deposited in the local financial institution to
be returned to the Department;
(c) Order the Project to be terminated, and all equipment and supplies
purchased, leased or lease-purchased must be turned over to the Department, and
rented equipment or buildings must be returned or vacated;
(d) Order all ineligible expenses to be reconciled either from the
Grantee's own financial resources or repaid to the Grantee's Community
Development fund or to the Department, at the Department's discretion; and/or
(e) Direct legal actions against the grantee and/or their elected officers
if proper steps have not been taken to rectify the alleged violations.
18. The parties hereto mutually agree that any clause or provision
required by law, rule or regulation to be inserted herein shall be deemed to be
® incorporated herein as though fully set forth and shall constitute a part of this
contract. The parties by agreement in writing may alter or amend any provision
of this contract.
GRANTEE DIVISION OF COMMUNITY & ECONOMIC
DEVELOPMENT
EF E CITED OFFICI DATE DIR
IAT OR I
E
DEPARTMENT OF CO
FAIRS,
ATTE T DATE REGULATUM Aig L
DIRECTOR
DIRECTOR DATE Zel
APPENDIX A
DEPARTMENT OF CONSUMER AFFAIRS. REGULATION AND LICENSING
FUNDING APPROVAL UNDER TITLE l OF THE HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974
(PUBLIC LAW 93-383) , AS AMENDED
FISCAL YEAR 1983
1. GRANTEE: CITY OF JEFFERSON
2. PROJECT NUMBER: 83-ED-14
3. CONTRACT NUMBER: C-DA 052-132
4. CONTRACT PERIOD: 4/5/84 to 7/1/85
5. MAXIMUM AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED FOR.THIS PROJ&::,`
$ 500.000
6. APPROVED BUDGET (Maximum Amounts):
Activities CDBG Funds
Storm Sewers $ 50,000*
Water Facilities $ 17,000*
Parking Facilities $ 85,000*
Street Systems $ 30,000*
Street Accessories $ 25,000*
Other Utilities $ 10,000*
Fencing $ 36,000*
Grading/Completion $247,000*
7. OTHER PROVISIONS
(*Denotes activities, subject to environmental review prior to approval.)
APPENDIX "B"
CERTIFICATIONS
The grantee hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements with respect to the acceptance
and use of federal funds for this. Also, the grantee gives assurances and
certifies with respect to the grant that:
(a) It possesses legal authority to apply for the grant and to execute the
proposed program.
(b) Its governing body has duly adopted or passed as an official act a
resolution, motion or similar action authorizing the filing of the
application, including all understandings and assurances contained therein,
and directing and authorizing the applicant's chief executive officer to
act in connection with the application and to provide such additional
information as may be required.
(c) It has facilitated or will facilitate citizen participation by:
(1) Providing citizens with an opportunity to participate in the
determination of priorities in community development and housing
needs;
(2) Providing adequate notices for one or more public hearings;
(3) Holding one or more hearings on the proposed application before
adoption of a resolution or similar action by the local governing body
authorizing the filing of the application;
(4) Providing for a second hearing in the event the application is
awarded funds;
(5) Providing for citizen participation when considering amendments
to the community development program; and
(6) Providing for citizen participation in the planning,
implementation and assessment of the community development program
including the development of a performance report and the submission
of views to the state.
(d) Its chief executive officer or other officer of applicant approved by the
State:
(1) Consents to assume the status of a responsible Federal Official
under the National Environmental Policy Act of 1969 (NEPA) and other
provisions of Federal law, as specified in 24 CFR Part 58, which
furthers the purposes of NEPA, insofar as the provisions of such
Federal law apply to the Missouri Community Development Block Grant
Program; ,
(2) Is authorized and consents on behalf of the applicant and himself
to accept the jurisdiction of the Federal courts for the purpose of
enforcement of responsiblitites as such an official.
® (e) The Community Development program has been developed so as to give maximum
feasible priority to activities which will benefit low and moderate income
persons, or aid in the prevention or elimination of slums or blight; the
projected use of funds may also include activities which the grantee
certifies are designed to meet other community development needs having
particular urgency as specifically explained in the application.
(f) It will comply with the regulations, policies, guidelines and requirements
of OMB Circulars Number A-87 and A• 102, Revised, as they relate to the
application, acceptance, and use of Federal funds under this document.
(g) It will comply with:
( 1) Section 110 of the Housing and Community Development Act of 1974,
as amended, 24 CFE 570.605, and State regulations regarding the
• administration and enforcement of labor standards;
(2) The provision of the Davis-Bacon Act (46 U.S.C.S. 276a) with
respect to prevailing wage rates (except: where exempted under the
law);
(3) Contract (dock Hours and Safety Standards Act of 1962, 40 U.S.C.
327-322, requiring that mechanics and laborers (including watchmen and
guards) employed on federally assisted contracts be paid wages of not
less than one and one-half times their basic wage rates for all hours
worked in excess of eight in a calendar day or. forty in a work-week,
whichever is greater; and
(4) Federal Fair Labor Standards Act, 29 U.S.C. S 201 et seq.
requiring that covered employees be paid at least minimum prescribed
wage, and also that they be paid one and one-half times their basic
wage rate for all hours worked in excess of the prescribed work-week.
(h) It will comply with all requirements imposed by the State concerning
special requirements of law, program requirements, and other administrative
requirements, approved in accordance with OMB Ciruclar No. A-102, Revised.
(i) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L 88-352),, and
the regulations issued pursuant thereto (24 CFE Part 1), which
provides that no person in the United States shall on the grounds
of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the
applicant received Federal financial assistance and will
immediately take any measures necessary to effectuate this
assurance. If any real property or structure thereon is provided
or improved with the aid of Federal financial assistance extended
to the applicant, this assurance shall obligate the applicant, or
in the case of any transfer of such property, any- transferee, for
the period during which the real property or structure is used for
a purpose for which the Federal financial assistance is extended,
or for another purpose involving the provision of similar services
or benefits;
(2) Title •VIII of the Civil Rights Act of 1968 (Pub. L. 90-284) ,
as amended, administering all programs and.activities relating to
housing and community development in a manner to affirmatively
further fair housing; and will take action to affirmatively further
fair housing in the sale or rental of housing, the financing of
housing, and the provision of brokerage services;
(3) E.O. 12259, Leadership and Coordination of Fair Housing in
Federal Programs, requiring that programs and activities relating
to housing and urban development be administered in a manner
affirmatively to further the goals of Title VIII of the Civil
Rights Act of 1968;
(4) Section 109 of the Housing and Community Development Act of
1974 (ACT) as amended, and the regulations issued pursuant thereto
(24 CFE 570.601), which provides that no person in the United
States shall, on the grounds of race, color, national origin, the
benefits of, or be subjected to discrimination under, any program
or activity funded in whole or in part with funds provided under
the Act. Any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975 or with respect to
otherwise qualified handicapped individuals as provided in Section
504 of the Rehabilitation Act of 1973 shall also apply to any such
program activity;
(5) Executive Order 11063 on equal opportunity in housing and
nondiscrimination in the sale or rental of housing built with
Federal assistance; and
(6) Executive Order 11246 as amended by Executive Orders 11375 and
12086, and the regulations issued pursuant thereto (24 CFE Part 130
and 41 CFR Chapter 60) , which provide that no person shall be
discriminated against on the basis of race, color, religion, sex or
national origin in all phases of employment during the performance
of federal or federally assisted construction contracts.
Contractors and subcontractors on Federal and federally assisted
construction contracts shall take affirmative action to insure fair
treatment in employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination,
rates of pay or other forms of compensation and selection for
training and apprenticeship.
(j) It will comply with Section 3 of the (lousing and Urban Development Act of
1968, as amended, requiring that to the greatest extent feasible
opportunities for training and employment be given to lower-income persons
residing within the unit of local government in which the project is
located; and that contracts for work in connection with the project be
awarded to eligible business concerns which are located in, or owned in
substantial part by, persons residing within the unit of local government.
(k) It will:
(1) To the greatest extent practicable under State law, comply with
Sections 301 and 302 of Title III (Uniform Real Property Acquisition
Policy) of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and will comply with Sections 303 and
304 of Title III, and HUD implementing instructions at 24 CFR Part 42;
and
(2) Inform affected persons of their rights and of the acquisition
policies and procedures set forth in the regulations at 24 CFR Part 42
and 24 CFR 570.602 (b).
(1) It will:
(1) Comply with Title III (Uniform Relocation Assistance) of the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 and HUD implementing regulations at 24 CFR Part 42 and 24
CFR 570.602(a), or revisions of said act;
(2) Provide relocation payments and offer relocation assistance as
described in Section 205 of the Uniform Relocation Assistance Act to
all persons displaced as a result of acquisition of real property for
an activity assisted under the Community Development Block Grant
program. Such payments and assistance shall be provided in a fair and
consistent equitable manner that insures that the relocation process
does not result in different or separate treatment of such persons on
account of race, color, religion, national origin, sex, or source of
income;
(3) Assure that, within a reasonable period of time prior to
displacement, comparable decent, safe and sanitary replacement
dwellings will be available to all displaced families and individuals
and that the range of choices available to such persons will not vary
on account of their race, color, religion, national origin, sex, or
source of income; and
(4) Inform affected persons of the relocation assistance, policies
and procedures set forth in the regulations at 24 CFR Part 42 and 24
CFR 570.602(a).
(m) It will establish safeguards to prohibit employees from using positions for
a purpose that is or gives the appearance of being motivated by a desire
for private gain for themselves or others, particularly those with whom
they have family, business, or other ties. -
(n) It will comply with the Anti-Kickback (Copeland) Act of 1934, 18 U.S.C. S
874 and 40 U.S.C. S 276a, which outlaws and prescribes penalties for
"kickbacks" of wages in federally financed or assisted construction
activities.
(o) It will comply with the provisions of the Hatch Act which limits the
political activity of employees.
(p) It will give the State, HUD and the Comptroller General, through any
authorized representatives, access to and the right to examine all records,
books, papers, or documents related to the grant.
(q) It will insure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of the program
are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the State of the receipt of
any communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration
for listing by the EPA.
(r) It will comply with the flood insurance purchase requirement of Section
102(a) of the Flood Disaster Protection Act of 1973, Pub. L. 93-234, 87
Stat. 975, approved December 31, 1973. Section 102(x) required, on and
after March 2, 1974, the purchase of flood insurance in communities where
such insurance is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for use in
any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The
phrase "Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance.
(s) It will, in connection with its performance of environmental assessments
under the National Environmental Policy Act of 1969, comply with Section
106 of the National Historic Preservation Act of 1966, ( 16 U.S.C. 470) ,
Executive Order 11593, and the Preservation of Archeological and Historical
Data Act of 1966 ( 16 U.S.C. 469-1 et.seq.) by:
(1) Consulting with the State Historic Preservation Officer to
identify properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to adverse
effects (see 36 CFR Part 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid
or mitigate adverse effects upon such properties.
(t) It will comply with:
(1) The National Environmental Policy Act of 1969 (42 U.S.C. Sect
4321 et. seq.) and 24 CFR Part 58:
(2) Executive Order 11988, Floodplain Management;
(3) Executive Order 11990, Protection of Wetlands;
(4) The Endangered Species Act of 1973, as amended (16 U.S.C. S 1531
et. seq.); ,
(5) The Fish and Wildlife Coordination Act of 1958, as amended, (16
U.S.C. S 661 et. seq.);
(6) The Wild and Scenic Rivers Act of 1968, as amended, (16 U.S.C. S
1271);
(7) The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. S
300f et. seq.);
(8) Section 401(f) of the Lead-Based Paint Poisoning Prevention Act ,
as amended (42 U.S.C. S 4831(b);
(9) The Clean Air Act of 1970, as amended (42 U.S.C. S 7401 et.
seq.);
(10) The Federal Water Pollution Control Act of 1972, as amended, (33
U.S.C. S 1251 et. seq.);
(11) The Clean Water Act of 1977 (Public Law 95-217); and
(12) The Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. S 6901 et. seq.).
(u) It will comply with all parts of Title I of the Housing and Community
Development Act of 1974, as amended, which have not been cited previously
® as well as with other applicable laws.
(v) It will comply with the lead based paint requirements of 24 CFR Part 35,
Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C. 4801 et, seq.).
(w) It shall remain fully obligated under the provisions of the Agreement
notwithstanding its designation of any third party or parties for the
undertaking of all or any part of the program with respect to which
assistance is being provided under this Agreement and to the Grantee. Any
Grantee which is not the Applicant, shall comply with all lawful
requirements of the Applicant necessary to insure that the program with
respect to which assistance is being provided under this Agreement to the
Grantee is carried out in accordance with the Applicant's Assurance and
certifications , including those with respect to the assumption of
environmental responsibilities of the Applicant under section 104(h) of the
Housing and Community Development Act of 1974.
(x) It will assure that no member of or Delegate to the Congress of the United
States, and no Resident Commis»ioner, shall be admitted to any share or
part of this Agreement or to any benefit to arise from the same.
(y) It will assure that no member, officer, or employee of the Grantee, or its
designees or agents, no member of the governing body of the locality in
which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsiblities with
respect to the program during his tenure or for one year thereafter, shall
have any interest, direct or indirect, in any contract or subcontract, or
the proceeds thereof, for work to be performed in connection with the
program assisted under the Agreement. The Grantee shall incorporate, or
cause to incorporated, in all such contracts or subcontracts a provision
prohibiting such interest pursuant to the purposes of this section.
(z) It will assure that the assistance provided under this Agreement shall not
be used in the payment of any bonus or commission for the purpose of
obtaining the Department's approval of the application for such assistance,
or the Department's approval of applications for additional assistance, or
any other approval or concurrence of the Department required under this
Agreement, Title I of the Housing and Community Development Act of 1974 or
HUD regulations with respect thereto.
(aa) It will assure that funding assistance authorized hereunder shall not be
obligated or utilized for any activities requiring a release of funds by
the Department under the Environmental Review procedures for the Community
Development Block Grant program until such release is issued in writing by
the Department.
® (bb) It will complete the total scope of the project as specified in Appendix A
of this agreement (as described in the application), and cost over-runs for
any single activity shall be funded by the grantee from their own
resources. Grant funds from one activity may not be used to cover cost
over-runs in another activity without prior approval by the Department.