Loading...
HomeMy Public PortalAboutORD16168BILL NO. 2021-043 SPONSORED BY Councilmemb©er Fitzwater ORDINANCE NO. /&/(O i� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF JEFFERSON AND CENTRAL MISSOURI COMMUNITY ACTION AGENCY FOR THE REDEVLOPMENT OF 805 MONROE STREET. WHEREAS, the City holds title to the land commonly known as 805 Monroe Street; and WHEREAS, the City conducted a Request for Proposals to redevelop the vacant lot; and WHEREAS, Central Missouri Community Action Agency submitted the best residential redevelopment proposal. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Central Missouri Community Action Agency is approved as the best entity to carry out the residential redevelopment at 805 Monroe Street. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Central Missouri Community Action Agency for the redevelopment of 805 Monroe. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: 020 a0o2, 7-- cml� _r&� Presiding Officer ATTEST: //�. moi..//,_.ice • Approved: + �� Mayor Carrie Tergin APPROVED AS TO FORM: City At rney DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into on the last day executed by a party, as indicated on the signature pages below, by and between the City of Jefferson, Missouri, a municipal corporation of the State of Missouri ("C") and Central Missouri Community Action ("Developer'). The City and Developer may hereinafter be collectively referred to as the Parties and individually as a Part . RECITALS The Subject Property. The City holds title to certain land currently located in the incorporated area of the City of Jefferson commonly known as 805 Monroe (the "Subject Property"), depicted in Exhibit A and legally described as follows: ALL OF LOT NO.3 AND PART OF LOT NO.2 OF ASEL'S SUBDIVISION OF INLOTS NOS. 993, 994, 995 AND 996, IN THE CITY OF JEFFERSON, MISSOURI, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE WESTERLY LINE OF INLOT NO. 993 AT A POINT 89 FEET 3 INCHES SOUTHERLY FROM THE NORTHWESTERLY CORNER OF SAID INLOT; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, 60 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SID INLOT, 100 FEET 4 INCHES TO THE ALLEY; THENCE NORTHERLY PARALLEL WITH MONROE STREET, 60 FEET; THENCE WESTERLY PARALLEL WITH ASHLEY STREET, 100 FEET 4 INCHES TO THE POINT OF BEGINNING. Proposed Project Developer desires to develop the Subject Property for residential uses. NOW, THEREFORE, in view of the foregoing Recitals and in consideration of the mutual promises, declarations, covenants and agreements of the City and Developer as hereinafter set forth, the Parties hereto do hereby agree as follows: 1. City's Obligations for Development. a) Within thirty days of execution of this development agreement, City will convey by an instrument approved by the City Attorney the Subject Property to Developer. Such instrument may include certain covenants and restrictions necessary for the City to comply with applicable federal law and U.S. Department of Housing and Urban Development regulations. If further surveying, legal descriptions, or other professional services are necessary to convey the Subject Property to Developer, Developer shall bear the cost of such services, including any recording fees. The City is conveying the property as -is with no warranty or representation regarding the condition of the property or its suitability for the uses contemplated herein. 2. Developer's Obligations for Development. a) Contemporaneously with the transfer of the Subject Property to the Developer, Developer shall pay to the City an amount equal to Five Hundred and 00/100 Dollars ($500.00) b) Within three (3) years of the execution of this Agreement, Developer shall perform the following work, at Developer's sole expense: i) CMCA will build a single-family 3 -or 4 -bedroom residence on the Subject Property. CMCA will design the exterior elevation of the home to look similar to the existing homes in the neighborhood. ii) Once ready, Developer will to sell the Subject Property to an individual or family that meets the current HUD low-income household guidelines. Developer shall obtain all necessary applicable permits and regulatory authorizations to perform such work. c) For a period of three (3) years after the conveyance of the Subject Property from the City to the Developer, Developer or successors in interest, as may be applicable, shall not allow any generally applicable property taxes assessed on the Subject Property or Benefit Property to become delinquent, nor shall Developer or successors in interest allow the Subject Property or Benefit Property to become a nuisance. For purpose of this agreement, the Subject Property or Benefit Property will be deemed to be have become a nuisance if- i) fi) The Subject Property or Benefit Property has, during the term of this Agreement, been declared a Dangerous Building as defined in Section 8-82 of the City Code; ii) The Subject Property or Benefit Property has been declared a nuisance and ordered to abate nuisance conditions under Sections 2 1 -1 through 21-3 of the City Code more than three times; or iii) The City has actually abated nuisance conditions on the Subject Property after notice and hearing (if required or requested pursuant to City Code) two or more times. 3. Amendments. Any amendment to this Agreement must be in writing and must be executed by the City and the Developer, and any future owner of any part of the Subject Property who would otherwise be obligated to perform any of the requirements imposed upon the Developer by this Agreement. Oral modifications or amendments of this Agreement shall be of no force or effect. 4. Remedies. The parties to this Agreement may, either in law or equity, by suit, action, mandamus or other proceedings in court, seek declaratory relief, enforce and compel specific performance of this Agreement, provided that in no event shall the City have any liability in damages, costs (including attorneys' fees) or any other monetary liability to Developer or any affiliate of Developer, any person claiming through Developer, or to their respective successors, assigns, heirs and personal representatives in respect of any suit, claim, or cause of action arising out of this Agreement or any of the actions or transactions contemplated herein. 5. Third Party Actions. Developer shall have the right, but not the obligation to assume the costs of defense of any action or proceeding initiated by a third party challenging this Agreement, or any other actions or transactions contemplated by this Agreement (including, without limitation, to settle or compromise any claim or action for which Developer has assumed the defense) with counsel of Developer's choosing and the City and Developer agree that so long as no conflicts of interest exist between them, the same attorney or attorneys may simultaneously represent the City and Developer in any such proceeding. In no event shall the City have any liability to Developer for damages or otherwise in the event that all or any part of this Agreement or the ordinances approving this agreement shall hereafter be declared invalid or unconstitutional in whole or in part by a final (as to which all rights of appeal have 2 been exhausted or expired) judgment of a court of competent jurisdiction, and, in the event Developer elects not to assume such defense and costs, the City shall have no obligation to defend or to assume the costs of defense of any such action. 6. Notices. All notices between the parties hereto shall be in writing and shall be sent by certified or registered mail, return receipt requested, by personal delivery against receipt, or by overnight courier, and shall be deemed to have been validly served, given or delivered immediately when delivered against receipt or three (3) business days after deposit in the mail, postage prepaid, or one (1) business day after deposit with an overnight courier, and shall be addressed as follows: If to the City: If to Developer: City of Jefferson Central Missouri Community Action City Administrator Attn: Sheila Vorce 320 E. McCarty Street 807 N Providence Road Jefferson City, MO 65101 Columbia, MO 65203 Each party shall have the right to specify that notice is to be addressed to another address by giving to the other party ten (10) days written notice thereof. 7. Hold Harmless. Developer at its sole cost and expense, hereby agrees to indemnify, protect, release, defend (with counsel acceptable to the City) and hold harmless the City, its municipal officials, elected officials, boards, commissions, officers, employees, attorneys, and agents from and against any and all causes of action, claims, demands, all contractual damages and losses, economic damages and losses, all other damages and losses, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and expenses of any kind, including, without limitation, reasonable attorney's fees and costs of defense arising, directly or indirectly, in whole or in part, from the action or inaction of Developer, its agents, representatives, employees, contractors, subcontractors or any other person for whose acts Developer may be liable, in the activities performed, or failed to be performed, by Developer under this Agreement or in the development of the Subject Property, or from breach of this Agreement, except to the extent arising from or caused by the sole or gross negligence or willful misconduct of the City, its elected officials, officers, employees, agents or contractors. The indemnification, duty to defend and hold harmless obligations set forth in this Section shall survive for a period of five (5) years from the date of substantial completion of all improvements contemplated hereunder. 8. Compliance with Laws. Developer shall comply with all applicable state, local, and federal laws in the performance of this Agreement. 9. Continuation of Obligations. The rights and obligations under this agreement or under any other document entered into under this agreement will not merge on closing. The restrictions and covenants set forth above are hereby declared to run with the land and shall be fully binding upon all persons or entities acquiring the properties or any portion thereof whether by descent, devise, purchase or otherwise, and any person or entity by the acceptance of title to the Subject Property or any portion thereof shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. 10. Entire Agreement. This Agreement contains the entire and complete agreement between the City and the Developer with respect to matters contained herein, all as hereinabove described in the Recitals for this Agreement and the above numbered paragraphs of this Agreement. Parties agree that this Agreement constitutes a lawful contract between the Parties and Developer hereby acknowledges and agrees that this Agreement and provisions of the City's Code of Ordinances applicable to this Agreement constitute lawful exercises of the City's authority and police power. 11. Survival. The obligation set forth in this Agreement shall run with the land and survive closing upon conveyance of the Subject Property from the City to Developer. [Signatures to Follow on Next Page(s)] 4 IN WITNESS WHEREOF, the Parties have executed this Agreement and shall be effective on the last day and year indicated below. CITY: CITY OF JEFFERSON, MISSOURI Carrie Tergin, Mayor Date: 1--1-1 —ZDZ 1 ATTEST: E ily Donaldson, City Clerk Approved as to form: Ryan ehlman, City Attorney STATE OF MISSOURI ) ) SS COUNTY OF COLE ) On this %— day of / , 2021, before me appeared Carrie Tergin, to me personally known, who, being by me duly sworn did say that she is Mayor of the City of Jefferson, Missouri, a Missouri constitutional charter city and municipal corporation, and that said instrument was signed on behalf of said City, by authority of its City Council, and said Mayor Carrie Tergin acknowledged said instrument to be the free act and deed of said City and that she executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in the State and County aforesaid, on the day and year hereinabove first written. No ary Publ c My commission expires: 4-424 EMILY DONALD ON Notary Public - Notary Sed +� late of Missouri Commissioned for Cole Cw* My Commission Expires: April 14, 2024 Commission Number. 20894040 5 DEVELOPER: ,,,CENTRAL M URI COMMUNITY ACTION Title: Fy--I)vc Diredo-- Date: y z STATE OF MISSOURI ) ) SS COUNTY OF COLE ) On this S day of n, 1 , 2021, before me appeared Pe , j , to me personally known, w 'being by me duly sworn did say that he/she is of CENTRAL MISSOURI COMMUNITY ACTION, a Missouri limited liability company, and that said instrument was signed on behalf of said company, by authority of its governing body, and said acknowledged said instrument to be the free act and deed of said company and that he executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in the State and County aforesaid, on the da year her inabove rs -written. o0f Public My commission expires: �pRY PUB ,, SWNDA WHITE �� NOTi1H1' Go = MY Commission Expires December 19, 2023 Boone County ' aF Commission #15799394 6 Exhibit A Subject Property 805 Monroe Redevelopment Cole County. M issouri City of Jefferson, Missouri a 450 900 NOTES: A North Legend Peale ftged up 0117./M I fb, Exhibit B Federal Terms The City of Jefferson is a recipient federal grant funds through HUD's Community Development Block Grant program. Therefore, the following requirements shall be fully considered in preparing responses and performing work under any resulting award. Termination I . Termination for Cause. The City may terminate this agreement, in whole or in part, at any time before the date of completion whenever it is determined that the contractor has failed to comply with their obligations under this agreement or if the contractor violates any of the covenants, agreements, or stipulations of this agreement. The City shall promptly notify the contractor in writing of such a determination and the reasons for the termination, together with the effective date. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports, or any other items prepared by the contractor shall, at the option of the City, become property of the City and the contractor shall be entitles to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the contractor shall not be relieved of the liability to the City for damages sustained by the contractor by virtue of any breach of contract by the contractor, and the City may withhold any payments to the contractor for the purpose of set-off until such time as the exact amount of damages due to the City from the contractor is known. Termination for Convenience — Both Parties. Both the City and the contractor may terminate the agreement, in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. Termination for Convenience — City. The City reserves the right to terminate the contract at any time, for the convenience of the City, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the City pursuant to the contract prior to the effective date of termination. Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, handicap, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 4. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 5. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 6. The contract shall comply with Section 109, Housing and Community Development Act of 1974, Age Discrimination Act of 1975, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or subcontractor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a contractor or subcontractor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Access to Records The City, the federal granting agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions. Compliance with Federal, Local and State Laws The contractor shall be bound by, and comply with all applicable federal, state, and local laws and regulations, including but not limited to 2 CFR Part 200 Appendix Il (Contract Provisions for non -Federal Entity Contracts Under Federal Awards) and 24 CFR Parts 570. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which they are employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b) (1) of this section the contractor and any subcontractor responsible there for shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b) (1) of this section. Withholding for unpaid wages and liquidated damages. The contractor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b) (1) through (4) of this section. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the City and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 6. Contracts for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 of title 5. Copeland "Anti -Kickback" Act The contractor must comply with the requirements of the Copeland "Anti -Kickback" Act (18 USC 874 and 40 USC 3145), as supplemented by the Department of Labor regulation 29 CFR part 3. The contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The contractor and each subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. The City must report any violations of the Act to the proper authorities. Davis Bacon Act (40 U.S.C. 3141 - 3148) 1. The contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics; 2. The contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work; and 3. There may be withheld from the contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the contractor or subcontractors or their agents. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines, 2 CFR 180. SAM exclusions contain the names of parties debarred, suspended or otherwise excluded by agencies as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Energy Policy and Conservation Act The contractor must comply with standards and policies relating to energy efficiency which are contained in the state energy conservation plan (Missouri Office of Administration's Comprehensive State Energy Plan) issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871). Retention Requirements for Records The contractor shall retain financial records, supporting documents, statistical records and all other records pertinent to the financial assistance agreement for a period of three years starting from the date of submission of the final payment request. Authorized representatives of federal awarding agencies, the Federal Inspectors General, the Comptroller General of the United States, the City or any of their designees shall have access to any pertinent books, documents, and records of contractor in order to conduct audits or examinations. The contractor agrees to allow monitoring and auditing by the City and/or authorized representative. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the contractor shall retain records until all litigations, claims or audit findings involving the records have been resolved and final action taken. Training and Employment of Lower Income Residents of Project Area The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development and all applicable rules and orders of the City issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. Reporting Requirements The contractor shall comply with all notices of the awarding agency requirements and regulations pertaining to reporting. Procurement of Recovered Materials The contractor must comply with section 6002 of the Solid Waste Disposal Acts as amended by the Resources Conservation and Recovery Act. The requirements of this section include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Breach of Contract 1. In the event of material breach of the contractual obligations by the contractor, the City may cancel the contract. At its sole discretion, the City may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at a minimum the contractor must provide the City within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. 2. If the contractor fails to cure the breach or if circumstances demand immediate action, the City will issue a notice of cancellation terminating the contract immediately. if it is determined the City improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract. If the City cancels the contract for breach, the City reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the City deems appropriate and charge the contractor for any additional costs incurred thereby. 4. The contractor understands and agrees that funds required to fund the contract must be appropriated by the City Council of Jefferson City for each fiscal year included within the contract period. The contract shall not be binding upon the City for any period in which funds have not been appropriated, and the City shall not be liable for any costs associated with termination caused by lack of appropriations. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) Each contractor certifies to the tier above by completing the Certification Regarding Lobbying form, that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of an agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Clean Air Act (42 U.S.C. 7401 — 7671q.) and Federal Water Pollution Control Act (33 U.S.C. 1251- 1387) The contractor must comply with the Federal Clean Air Act (42 U.S.C. 7401 — 7671 q), as amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Failure to abide by these laws is sufficient grounds to cancel the agreement. By agreeing to this agreement, the contractor certifies that the contractor, its board of directors and principals are in compliance with these specific federal laws. Further, the contractor shall report to the Department any instance in which the contractor or any member of its board of directors or principals is determined by any administrative agency or by any court in connection with any judicial proceeding to be in noncompliance with any of these specific federal laws. Such report shall be submitted within ten (10) working days following such determination. Failure to comply with the reporting requirement may be grounds for termination of this agreement or suspension or debarment of the contractor. Exhibit A FLOOR PLANS U7"aoeM1 PLAN X! CLEAN LME HOME DESIGN, LLC �or�mrac mia�.om Y 0 ��•aia�..�rdrnLm� } e �:I ■ _y�� NEI FLOOR PLANS U7"aoeM1 PLAN X! CLEAN LME HOME DESIGN, LLC �or�mrac mia�.om Y 0 ��•aia�..�rdrnLm� Central Missouri Community Action Exhibit B - mote floor plan with @J garage > , . - �w«22z ; :. >� , , • � 4 Central Missouri Community Acton Exhibit C — construction in progress (located in Columbia, MO); showing side garage. 5 Central Missouri Community Action yy•e -• 5 Central Missouri Community Action