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04-676CouncilFile# 0���� Green Sheet #� C � W SS RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date rq 2 WHEREAS, the City and Neighborhood House have entered into a cooperative partnership to construct a new facility on Yhe site of the current El Rio Vista recreation center, to be known as the Paul and Sheila Wellstone Center for Community Building; and 4 5 WHEREAS, Neighborhood House is responsible for overseeing the actual construction of 6 the new facility and the City Council has previously authorized the appropriate officials to enter 7 into a Development Agreement for that purpose; and 9 10 11 12 13 14 15 16 WHEREAS, the City is using Community Development Block Grants funds for a portion of the project funding and needs to enter into a sub-grantee aareement with Neighborhood House for the purpose of setting forth the respective responsibilities in carrying out the Grant requirements in accordance with all Federal, State and local laws; now, therefore be it RESOLVED, that the City Council authorizes the appropriate officiats to enter into the Community Development Block Grant Subgrantee Agreement in substantially the form attached hereto. Requested by Department of: BY� Form Approved by City Attorne� By / Approved by Mayor for Submission to Council �' � .�1 Approved by By: Date / 4:1 � s Adoption CertifiedJ2y Council Secretary Ctt-t��4 City of Saint Paul Subgrantee Agreement City of Saint Paul, Minnesota COMMUNITY DEVELOPMENT BLOCK GRANT FY2003 SUBGRANTEE AGREEMENT THIS AGREEMENT, entered into this day of , 19_ by and between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter designated the "City", and NEIGHBORHOOD HOUSE , a Minnesota nonprofit corporation, hereinafter designated as the "Subgrantee". WITNESSETH: WHEREAS, the City and the Subgrantee desire to enter into this Agreement with the 8ubqrantee receiving a Community Development Block Grant in the amount of $2,811,069.00, for the purpose of setting forth their respective responsibilities in carrying out to a successful conclusion the City's Community Development Block Grant Program in accordance with all Federal, State and Local laws. NOW, THEREFORE, THE CITY AND THE SllBGRP<NTEE DO HEREBY MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement and activities authorized hereunder shall take effect and be in force from and after the _day of , 200_, and shall be in force and in effect through the day of , 200_, and thereafter during any period of time that the Subgrantee has control over Community Development Block Grant ("CDBG") funds including program income and loan fund repayments, or property purchased in whole or in part with CDBG funds, all in accordance with section 17 and 18 hereof. This Agreement may be otherwise extended by written agreement consented to and signed by both parties. 2. Statement of Work/Scope of Services. The Subgrantee shall perform all activities set forth in the attached "Statement of WorWScope of Services", consisting of a description of the work to be performed, a schedule for completing the work and a budget, hereby made part of this Agreement as Attachment A, and shall undertake these activities in accordance with the terms of this Agreement, and with CDBG Program Entitlement Grant Regulations (24 CFR Part 570) as applicable. Those activities shali be completed in accordance with the Completion Schedule contained in Section 7 of Attachment A hereto. If the Subgrantee faiis to comply with the Progress or Completion Schedule or other term of this Agreement, the City may enforce remedies for noncompliance in accordance with Section 85.43 of 24 CFR Part 85. 3. Funding: (a) Budget. All funds required to carry out the activities K:\SHARED\...\CDBGCTR.02 Page 1 December 28, 2001 ��. (p1 �I City of Saint Paul Subgrantee Agreement identified in the project Statement of Work/Scope of Services shall be provided to the Subgrantee as identified in the Statement of WorWScope of Service Section entitled "Project Budget". (b) Payment. The Subgrantee shall be entitled to reimbursement of funds on a monthly basis in accordance with City regulations and procedures. The Subgrantee shall submit itemized statements in such detail as required by the City to comply with all Federal, State and local requirements. All requests for funds shall conform to the line items contained in the Project Budget. (c) Program Income. Program income is gross income received by the subrecipient that was directly generated from the use of funds received by the Subgrantee from the City under this Agreement. As required in 24 CFR Sections 570.500(a) and 570.504(c), CDBG program income shall be retained by the Subgrantee during the term of the Agreement to be applied for activities as specified in the Statement of Work/Scope of Services. Funds payable by the C+ty to the Subgrantee as specified in Subparagraph 3b}, shafl be adjusted by the amounts of program income received by the Subgrantee and on hand at the time of the reimbursement request. (d) Definition. As used in this Agreement the term "Program Funds" shall mean all funds received from the City under this Agreement and all program income as defined in subsection (c) above. 4. Flexibility in Budget. The Subgrantee shall make expenditures according to the line items set forth in the Statement of Work/Scope of Service Budget. Any and all amendments to the Scope of Service Budget must be submitted in writing to the City's Grants Management Section for review and approval. 5. Audit. a) Scope of Audit. Subrecipients that expend $300,000 or more in federal funds annually to carry out a program through a primary recipient or other Subrecipients or direct recipient ofi federal awards under other agreements, agree to have an audit made by an independent auditor in accordance with Government Auditing Standards developed by the Comptroller General of the United States, OMB Circular A-133 Audits of Institutions of Higher Education and other nonprofit institutions, and OMB Circular A-122 Cost Principles for Nonprofit Organizations. b} Frequency and Completion of Audit. An audit shall be performed annualiy and should be completed within six months of the fisca{ year end. Three copies of the audit report shall be submitted within 30 days after the completion of the audit to: Mr. Surjeet Verma, Accountant, Department of Planning & Economic Development. c) Audit Cost. Reasonable costs for audits required under Subsection a) of this paragraph will be reimbursed by the City provided: the auditor was chosen through a competitive bid process, and; the audit was made in accordance with the provisions of Circular A-133. Audit costs cannot be charged to federai awards unless the audit has been performed in compliance with OMB Circulars. 6. Independent Contractor. For the purpose of this Agreement, the Subgrantee shall be deemed to be an independent contractor and not an employee of the City. Any and all employees of the Subgrantee or other persons while engaged in the performance of any work or services required by the Subgrantee under this Agreement, shall not be considered employees of the City. Any and all ciaims by any third party as K:\SHARED\...\CDBGCTR.02 Page 2 December 28, 2001 (� City of Saint Paul Subgrantee Agreement a consequence of any act or omission on the part of the Subgrantee, its employees or other persons shall be the obligation of the Subgrantee. The Subgrantee shall be responsible for all contractual obligations entered into pursuant to and in the performance of this Agreement. If required by statute, the Subgrantee shall procure and maintain in force at its expense worker's compensation insurance and shall provide the City with proof of such coverage. Withholding and payment of federal and state income taxes and FICA, for its empioyees shall be the responsibility of the Subgrantee. The Subgrantee will comply with all unemployment compensation employer contributions payments and other employer requirements of the unempioyment compensation laws, Minnesota Statutes 1990, Chapter 268. 7. Non-Discrimination. The Subgrantee shall be deemed a contractor for the application of all provisions, ordinances and other laws against discrimination, including: a) Title VI of the Civil Rights Act of 1964 (Public Law 88-352); b) Executive Order No. 11246 entitled "Equal Employment Opportunity" as supplemented in the Department of Labor Regulations (4 CFR, Part 60); c) Chapter 363, Minnesota Statutes; and d) Chapter 183 of the Saint Paul Legislative Code. The provisions of Section 183.04 of Chapter 183 are incorporated herein. 8. Reports and Records. The Subgrantee shall submit to the City a full account of the status of the activities undertaken as part of this Agreement in six month intervals. An Interim Report will be due within 30 days of the Agreement six month anniversary, and Annual Report within 30 days of the Agreement one year anniversary. In addition, specific records the Subgrantee must maintain, and submit to the City are set forth in Attachment "B", and are hereby incorporated in this Agreement. 9. Uniform Administrative Requirements. The Subgrantee shall comply with the policies, guidelines, and requirements and standards, as applicable, of 24 CFR, Parts 44, 85, and 570 and, A-122 "Cost Principles for Non-Profit Organizations", and A- 133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions", and the Attachments A, "Cash Depositories"; B"Bonding and Insurance'; C"Retention and Custodial Requirements for Records"; F"Standards for Financial Management Systems"; H"Monitoring and Reporting Program Performance"; N"Property Management Standards' ; and O"Procurement Standards" to OMB Circular A 110 as limited by 24 CFR Section 570.502(b). 10. Other Requirements; Community Development. The Subgrantee, if it receives CDBG funds, shall carry out each activity set forth in the Statement of Work/Scope of Services in compiiance with ail Federal laws and regulations described in 24 CFR 570, Part 570 Subpart K except that the Subgrantee does not assume the City's responsibility for initiating the review process under 24 CFR Part 52 nor the City's environmental responsibilities described in 24 CFR Section 570.604. Specific requirements published in 24 CFR 570 inciude: a) Sections 570.200 through 570.206 - Eligible Activities K:�SHARED\...\CDBGCTR.02 Page 3 December 28, 2001 uy. �'� City of Saint Paul Subgrantee Agreement b) Section 570.207 - Ineligible Activities c) Section 570.504 - Program Income d) Section 570.506 - Records to be maintained e) Section 570.602 - Non-Discrimination � Section 570.603 - Labor Standards g) Section 570.606 - Displacement, relocation, acquisition, and replacement of housing h) Section 570.607 - Employment and Contracting Opportunities i) Section 570.609 - Use of debarred, suspended contractors j) Section 570.610 - Uniform administrative requirements and cost principles k) Section 570.611 - Conflict of Interest Other Federal Regulations which may appiy are identified in Section 9 hereof, and in Attachment C, "Community Development Biock Grant Project Compliance Requirements", which regulations are hereby incorporated in this Agreement and made part thereof. 11. Assistance to Subgrantee. The City may assist the Subgrantee with clarifications and interpretations of federal, state and local requirements as specified in this Agreement. The Subgrantee shall notify the Ciry if and when such assistance is required, and City staff shall provide to the Subgrantee whatever technical and professional assistance the City deems appropriate to help Subgrantee comply with aIl federal, state and local regulations. Notwithstanding anything in this Agreement or paragraph to the contrary, the City does not warrant or guarantee the accuracy or correctness of the technical or professional assistance given to Subgrantee and that Subgrantee relies upon such assistance at its own peril or risk. Subgrantee understands and agrees that the compliance with rules and regulations referenced in this Agreement shall always remain the sole responsibility of the Subgrantee. Nothing in this section shall be taken or regarded by the Subgrantee as placing the City, its employees or agents as acting in the role of the Subgrantee's attorneys, accountants or engineers. The pledge of assistance herein is limited to that of the City serving as a facilitator and liaison with the federal, state and local governments so that the Subgrantee can be apprized of those governmental units' business practices and customs, as the Gity understands them to be, in the area of the Community Development Block Grant program administration. At all times, the Subgrantee has the sole and non-delegable responsibility to obey all laws, rules and regulations and to conform to accepted accounting and auditing practices and so has a duty, throughout the term of this Agreement to retain at its own expense, such attorneys, accountants, engineers and business advisers upon whose advice and counsel the Subgrantee may incur risk, liability and penalty. 12. Historic Preservation. Subgrantee shail comply with all requirements imposed by Federal, State and Iocal law respecting historic preservation. Prior to acquisition, rehabilitation or demolition of property fifty years or older, Subgrantee shall request an opinion of eligibility for placement on the historic register from the Planning Division of the Department of Planning and Economic Development, and Ciry staff will K:\SHARED\...\CDBGCTR.02 Page 4 December 28, 2001 t�y-l�'� City of Saint Paul Subgrantee Agreement notify the Subgrantee of any determination and additional requirements. 13. Constitutional Prohibition. In accordance with First Amendment Church/State Principles, as a generaf ru{e, CDBG assistance may not be used for religious activities, or provided to primarily religious entities for any activities, including secular activities. Restrictions and limitations on the use of CDBG funds are found at 24CFR 570.200 (j)), and are hereby incorporated by reference. 14. Termination or Reduction in Payments. (a) CDBG. The Secretary of the U.S. Department of Housing and Urban Development is empowered by Section III, Title I, Public Law 93-383, to terminate or reduce payments to the City and the Subgrantee, or to limit availability of payments to the City and the Subgrantee should the Secretary find, after reasonable notice and opportunity for hearing, that the City or Subgrantee has failed to comply substantiafly with any provision of Title I of the Act. The City agrees, but without liability to itself or Subgrantee, not to do anything which will cause the Secretary to take such action, and the Subgrantee will be notified in writing of any proposed action by the Secretary. The Subgrantee shall be given the opportunity to be represented at all such hearings. The City's obligation to provide CDBG funds to the Subgrantee is deemed dependent upon the City's receiving such funds from the Secretary, and all obligations of the City hereunder shall eiiher terminate or be reduced or limited in the event the Secretary should take such actions as authorized by said Section. In accordance with 24 CFR 85.43, the City reserves the right to suspend or terminate this Agreement in the event the Subgrantee fails to comply with any term of this Agreement, and the Agreement may be terminated for convenience in accordance with 24 CFR Section 85.44. (b) Additional Subgrantee Funding. The City additionally reserves the right to suspend, terminate, or reduce payments to the Subgrantee from any of the funding sources identified in Attachment A- Project Budget, or take any other such additional actions as may be necessary in the event the Subgrantee fails to comply with any of the terms of this Agreement. 15. Indemnification. The Subgrantee shall indemnify, save harmless, protect and defend the City, its officers, employees or agents, from all suits, actions or claims of any character whether such suits or actions arise out of the acts or omissions of Subgrantee, its agents or employees, or the City, or its officers, employees or agents, on account of Subgrantee and/or the City attempting or carrying out the terms of this Agreement. 16. Insurance: (a) Liability Insurance. The Subgrantee agrees that in order to protect itself as well as the City, it will obtain and keep in force during the term of this Agreement at its expense general liability insurance, and if applicabie, automobile liability insurance, covering any injury caused by act or omission on the part of the Subgrantee, its officers, agents and empioyees in performance of or with relation to any of the work or services performed or furnished by the Subgrantee under the terms of this Agreement each with minimum coverage in the following amounts: $300,000 per person and $1,000,000 per occurrence. (b) Excess Liability Coverage. The K:\SHARED\...\CDBGCiR.02 Page 5 December 28, 2001 �y�1b City of Saint Paul Subgrantee Agreement Subgrantee additionally agrees to obtain and maintain during the term of this Agreement umbrella or excess liability coverage, providing additional coverage beyond the limits of general liability and automobile coverages set forth above, in the amount of not less than $1,000,000.00. The general liability and automobile liability coverages shall contain an endorsement naming the City as additionally insured as to acts committed by the Subgrantee for which the Ciry could be held responsible. The automobile liability policy must apply to any vehicle used in connection with the performance of this Agreement by the Subgrantee. (c) Verifiable Insurance; Notice of Canceilation. The Subgrantee shall furnish Certificates of Insurance evidencing compliance with this Section which certificates shall become part of this Agreement. Each insurance policy shall contain a provision requiring thirty (30) days notice of cancellation of the policy. The City shall not be obligated to honor payment requests under Paragraph 3, above, at any time when the coverages required by this Agreement are not in force. (d) Duty to Defend and Duty to Indemnify. Each coverage afforded to the City as an additional insured under this policy expressiy includes the duty to defend and the duty to indemnify. As evidence of this commitment, afl Certificates of Insurance referenced in this Agreement shall include in the section labeled "Description/Special Items", typically in the lower left hand corner of the document, the following language: "Each coverage afforded to the City as an additional insured under this policy expressly includes the duty to defend and indemnify:' (e) Defaults and Remedies. Should tfie Subgrantee fail to obtain and/or keep in force insurance of the types and in the amounts as specified within this Agreement, or shall fail to indemnify and hold harmless the City as set forth herein; in such event, the Subgrantee shall be liable for all costs and fees, including reasonable attorney fees, that may be incurred by the City in the enforcement of the Subgrantees's Agreement to indemnify and/or to obtain and keep in force the agreed upon insurance coverage. 17. Reversion of Assets. (a) Funds. Upon termination of this Agreement, the Subgrantee shali forthwith transfer to the Ciry all Program Funds on hand at termination and all accounts receivables attributable to use of Program Funds. (b) Real Property. As specified by 24 CFR Part 570.506(d), upon termination of this Agreement any real property under the Subgrantee's control which was acquired in whole or in part with CDBG funds, or upon a change of use of real property acquired or improved in whole or in part with CDBG funds in excess of $25,000, the property shall, in a manner acceptable to the City, either: (i) be used for a period of five years from date of termination to meet one of the national objectives identified in 24 CFR, Section 570208, or; (ii) be disposed of in a manner that results in the Ci1y being reimbursed in the amount of the current fair market value of the property less the portion of the value attributable to expenditure of funds other than Program Funds. If such is used for five years in a manner which meets a National Objective and thereafter disposed of, no reimbursement of Program Funds will be required under clause (i) above. 18. Loan Fund Account. If any part of the activities funded under this K:\SHARED\...\CDBGCTR.02 Page 6 December 28, 2001 �-`.�P City of Saint Paul Subgrantee Agreement Agreement involve the making of rehabilitation loans, the Subgrantee shall maintain a separate Loan Fund Account system into which Program Funds for loans and loan principal and interest payments shall be deposited. Disbursements from the Loan Fund Account shall be made only for loans: (i) meeting eligibility criteria incorporated in the Statement of WorWScope of Service, and; (ii) evidenced by a promissory note secured by a mortgage creating a lien upon the rehabilitated property in favor of the Subgrantee or the City as assignee of the Subgrantee. Upon termination of this Agreement, the Subgrantee shafl transfer the Loan Fund Account balance and assign all promissory notes and mortgages to the City. 19. Attorney's Fees and Expenses. In the event the Subgrantee should default under any of the provisions of this Agreement, including any and all attachments hereto, and the City should employ attorneys or incur other expenses for the collection of amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of the Subgrantee, the Subgrantee will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 20. Attachments. The foilowing identified attachments are incorporated into and made part of this Agreement: . Attachment A- Statement of Work/Scope of Services, including a Work Plan, Evaluation Methodology, Community Outreach Strategy, and Direct or Indirect Cost Budget. Attachment B- Community Development Block Grant and General Fund Records and Reporting Requirements Attachment C- Community Development Block Grant , State and Local Compliance Requirements Attachment D- Year End Report/Project Evaluation, if applicable Attachment E- Subgrantee Administrative Policies Attachment F - fnsurance Certificate 21. Amendment. This Agreement may be amended by the mutual written consent of both parties. K:\SHARED\...\CDBGCTR.02 Page 7 December 28, 2001 O�1-41� City of Saint Paul Subgrantee Agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. This Agreement has been reviewed for appropriate language as outlined in 24 CFR 570.503 of the Federai Register, applicable to projects/programs funded with CDBG monies. This review must be completed and signature obtained before other City signatures are requested. Department of Planning and Economic Development Grants Management Staff CITY OF SAINT PAUL SIGNATURES APPROVED AS TO FORM: By Assistant City Attorney Its Director, Office of Financial Services Its Mayor Its Director, Department of Planning and Economic Development SUBGRANTEE SIGNATURES: Its By. Its K:\SHARED\...\CDBGCTR.02 Page 8 December 28, 2001 p� City of Saint Paul, Minnesota � Community Development Block Grant\General Fund � Records and Reporting Requirements ATTACHMENT B The following records shall be maintained by the Subgrantee, copies of which shall be submitted to the City in such form as prescribed: All receipts and invoices relating to expenditures of Community Development Block Grant (CDBG) and/or City provided funds. 2. Accounting records that are supported by source documentation. Subgrantee will establish a separate, identifiable accounting record for the activity(ies) contained in this Agreement. Records shall be sufficient to reflect all costs incurred in performance of this Agreement. The books, records, documents, and accounting procedures, relevant to the grant shall be subject to examination by the city, appropriate federal agency(ies), and the legislative auditor at any time during the pertormance of this Agreement, and for up to three years following the completion of this Agreement. 3. Payroll records, including hours worked, of all employees reimbursed with funds provided through this Agreement. 4. Mileage records, detailing the mileage reimbursement system, person(s) participating in the program, number of miles driven, and amount reimbursed with City provided funds. 5. Records of Liability Insurance, Automobile Insurance, including proof of insurance in effect, and proof of payment of insurance premiums. 6. Detailed progress reports, submitted at such time and in such form as required by the City. 7. Records of Board or Committee meetings relating to decisions governing the use of funds provided under this Agreement. 8. Some activities may require additional CDBG eligibility determinations, including: 1) public service activities - documentation that the service provided is either a new or extended service; 2) housing and economic development assistance - verification that the assistance is appropriate, and the costs are reasonable; and 3) special housing, rehabilitation, or economic development activities carried out by neighborhood non-profit development corporations. K:\SHqRED\..,\CDBGCTR.02 Page B 1 December 28, 2001 o �-��� City of Saint Paul Attachment B 9. if the Subgrantee is providing grants or loans, it shall keep records documenting the use of such funds, including; records documenting recipient eligibility, payments made, and documentation on completion of work for which the grant or loan was initiated. 10. Records providing evidence that all expenditures authorized under this Agreement are appropriate, and that the associated costs are reasonable. This includes records indicating a minimum of two bids itemizing costs for comparable labor and/or materials were received, and that the lowest responsible bid was selected. If the lowest bid is not selected, records should indicate how it was determined that the cost of alternate selection was reasonable. 11. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with funds from this Agreement, the Subgrantee shall clearly state the source or funds to be used, and the approximate percentage of the project which will be funded by this Agreement. 12.• Records of the amount of private/other matching tunds received, as identified in the Project Budget. 13. Record keeping requirements as detailed below: A. For housing activities, records indicating the number of housing units rehabilitated, the number of housing units removed, the number of housing units created, the number of housing units lost, the number of housing units replaced, the number of housing units relocated, and a summary of the totaf affected units. In addition, according to 570.506(b), records shall be kept indicating the income levels of those persons assisted, and for rental housing, the current level of rent. B. For economic development activities, records indicating the number of establishments: removed, created, assisted, rehabilitated. In addition, according to 570.506(b)(5), records indicating the number of jobs created, new jobs created by category, delineation of full or part time, salary levels. C. For activities determined to benefit low and moderate income persons based on the area senred; records as defined in 570.506(b)(2): service area boundaries and income information on persons residing in service area. 14. Fair Housing and Equal Opportunity Records as described in 570.506(f) and other records as listed in 570.506Q). K:\SHARED\...\CDBGCTR.02 Page B 2 December 28 zooi City of Saint Paul Attachment C � City of Saint Paul, Minnesota _ Federal Requirements for the Community Development Block Grant (CDBG) Program ATTACHMENT C The following list contains the public laws and executive orders which may be applicable to activities funded in whole or in part with Community Development Block Grant(CDBG). If you have any questions, please contact Grants Management Staff at 1400 Ciry Hall Annex, 25 West 4th Street, Saint Paul, MN 55102, Phone: 612-266- 6693. 1) DAVIS BACON ACT/CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 USC 276(a) - 276(a)5, USC 327 et. seq. Provides that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with CDBG or UDAG funds shall be paid prevailing wages. This includes all commercial activity and housing activity of eighi or more units. 2) COPELAND ANTI-KICKBACK ACT 18 USC 874 Prohibits kickbacks to public employees, and any person involved in the administration of federal funds. 3) EXECUTIVE ORDER 11246, AS AMENDED BY EXECUTIVE ORDERS 11375 & 12086 24 CFR 130.1 Relates to equal employment opportunities under HUD contracts and HUD assisted construction contracts. 4) 24 CFR Part 85 24 CFR 570.502 Uniform administrative requirements for all Grant-in-Aid Programs. These regulations apply to state and local governments. 24 CFR 570.609 regulates the use of debarred, suspended contractors on federally funded projects. 5) OMB CIRCULAR A- 87 Relates to cost and expenditure principles for federally funded grants and contracts. These are rules apply to state and local governments and in part, to subgrantees. 6) OMB CIRCULAR A- 110 Contains uniform administrative requirements applicable to federafly funded grants and contracts with non-profit organizations. Includes requirement for K:\SHARED\...�CDBGCTR.02 Page C 1 December 28, 2001 �y-��t, City of Saint Paul Attachment C the City and/or HUD to monitodreview/report on subgrantee activities. Note: All sections of A-110 apply except the audit provisions, which are replaced by OMB Circular A-133. 7) OMB CIRCULAR A -133 Contains audit requirements for non-profit organizations. This Circular replaces the audit provisions of OMB Circular A- 110. 8) OMB CIRCULAR A -122 Uniform cost principles for non-profit organizations receiving federal funds. 9) LEAD BASED PAINT POISONING PREVENTION ACT 42 USC 4831, 24 CFR 570.608 & 24 CFR 35, Subpart B Prohibits the use of lead based paint in any federally funded project. Also requires notification for removal of lead based paint in rehabilitation projects. 10) CLEAN AIR ACT, WATER POLLUTION CONTROL ACT 42 USC 1857 33 USC 1251 24 CFR 1.3 et. seq. Clean air and water acts that pertain to all projects and programs. 11) TITLE VI, CIVIL RIGhITS ACT OF 1964 42 USC 2000(d) Public Law 88.352 24 CFR 570.601 Act states that no person shall be denied participation in, or benefits from federal assistance on the basis of race, color or national origin. 12) TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968, FAIR 42 USC 3601 Public Law 90.284 No person shall be denied housing opportunities on the religion or national origin. HOUSING ACT 24 CFR 570.601 basis of race, color, 13) EXECUTIVE ORDER 11063, & AMENDED BY E.0.12259 24 CFR 570 Part 107 Prohibits discrimination in housing and related facilities owned or operated by the Federal Government, and in lending practices. 14) EXECUTIVE ORDER 11625 Relates to the national program for Minority Business Enterprise. 15) SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 12 USC 1701(u) "SET - ASIDE" 24 CFR 135.20(b) Provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower income residents of project areas and that contracts shall be awarded to small businesses located within the project area or owned in substantial part by project area residents. K:\SHARED\...\CDBGCTR.02 Page C 2 oecember zs, zooi pH-l��lo City of Saint Paul Attachment C 16) SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 42 USC 5309 24 CFR 570.602 Prohibits discrimination on the basis of race, color, religion or national origin in any activity or program funded in whole or in part with CDBG or UDAG funds. 17) AGE DISGRIMINATION ACT OF 1975 42 USC 6101 Public Law 94.135 No persons shall, on the basis of age, be excluded from participation or be denied benefits, or be subject to any discrimination from any program receiving federal assistance. 18) SECTION 504 OF THE REHABILITATION ACT OF 1973 29 USC 1794 24 CFR Part 8 Provides that physically impaired persons may not be excluded from participation or be denied benefits from any program receiving federal assistance. 19) ARCHITECTURAL BARRIERS ACT OF 1968 42 USC 4151 Provides that government agencies shall prescribe standards for the design, construction and alteration of buildings to insure that whenever possible physically impaired persons wili have ready access to, and use of such buildings. This rule in and of itself does not apply to the CDBG program, except as it impacts on Section 504. 20) UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 42 USC 4601 24 CFR Part 42 24 CFR 570.606 Provides relocation benefits and land acquisition procedures when property is acquired by federal or state agencies. For the purpose of this act, the City is an agency of the State. 21) NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 42 USC 432i 24 CFR Part 58 The recipient of federal funds assumes the responsibility for ensuring that environmental reviews are completed prior to the start of any activity funded in whole or in part with federal funds. 22) NATIONAL HISTORIC PRESERVATION ACT 16 USC 470 Public Law 89-665 Relates to the process for designating structures on the National Historic Preservation List, and the kinds of activities which may be done as a result of this designation. K:\SHARED\...\CDBGCTR.02 Page C 3 December 28, 2001 py-( City of Saint Paul Attachment C 23) ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974 P. L.93-291 This is an update of the act listed above. 24) EXECUTIVE ORDER 1593 Provides for the protection and enhancement of the cultural environment. 25) FLOOD DISASTER PROTECTION ACT OF 1973 42 USC 4001 E.O. 11988 E.O. 11288 Public Law 93-234 No activity funded in whole or in part with federal assistance may be undertaken in a designated flood plain without National Flood Insurance. 11988 relates to evaluation of flood hazards. 11288 relates to the prevention, control and abatement of water pollution. 26) HATCH ACT 5 USC 1501 Prohibits the financing of any type of political activities with federal funds. 27) CODE OF CONDUCT AND CONFLICT OF INTEREST 24 CFR Part 85.36 E� 570.611 States that no person(s) administering federally funded programs m�y, as a resuit of their position, receive personal gain. 28) INTERGOVERNMENTAL REVIEW OF WATER & SEWER PROJECTS Executive Order 12372 Allows for the State and Metro Council to review and comment when the grantee/subgrantee proposes to finance the planning or construction of water or sewer facilities. 29) REQUIREMENTS GOVERNING LOBBYING OF HUD PERSONNEL; PROPOSED RULE 24 CFR Part 86 Reporting requirements and fee limits for the hiring of persons to influence a HUD officer or employee. K:\SHARED\...\CDBGCTR.02 Page C 4 December 28, 2001 �-(�l4 ^� A7TACHMENT C Project activities shall be carried out in compliance with all State and local applicable laws, orders, and regulations, including: 1) The Minnesota State Act Against Discrimination (Minnesota Statutes Chapter 363) and implementing regulations issued at 64 MCR Section et. seq.: City of Saint Paul, Minnesota STATE AND LOCAL Government Project Requirements 2) The Human Rights Ordinance (Saint Paul Legislative Code Chapter 183) and Rules Governing Affirmative Action Requirements in Employment issued by the Saint Paul Human Rights Commission October 4, 1977, as amended; 3) The Purchasing From the Targeted Vendor Development Program (Saint Paul Administrative Code Chapter 81), and implementing regulations when issued, for effect; 4) The Minimum Wages on Public Contracts Ordinance (Saint Paul Administrative Code Section 82.07) and rules issued at Chapter A-9 City Contracts-Wage Rates, Appendix to the Saint Paul Administrative Code. 5) The Minnesota residential Mortgage Originator and Servicing Licensing Act (Chapter 343, Minnesota Statutes). Prior to undertaking the performance of any activity authorized under this Agreement, the Subgrantee agrees to participate in a City Contract Compliance informational meeting. If deemed necessary by the City, specific contract compliance requirements will be incorporated into a written document, to be submitted and followed during the completion of the activities authorized as part of this Agreement. K:\SHARED\...\CDBGCTR.02 Page C 5 December 28, 2001 ��'� City of Saint Paul, Minnesota CITY\SUBGRANTEE AGREEMENT Administrative Policies ATTACHMENT E Eligibie funding activities and procedures: The City will provide funds to Subgrantees on a reimbursement basis, and in accosdance with the budgets contained the City/Subgrantee Agreements. 2. Any changes or modifications to the budgets must be transmitted in writing to the City's Grants Management Staff for review and approval. 3. Subgrantee budgets must be structured to provide a separate and identifiable audiVbudget trail which details all expenditures related to the City/Subgrantee Agreement. 4. Each Subgrantee is solely responsible for budgeting adequate funds to cover its employment agreement obligations. This may include: FICA, workmen's compensation, unemployment taxes, travel allowance, parking fe�s, health insurance, etc. 5. Subgrantee employees are not employees of the City of Saint Paul, and do not qualify for benefits granted to City Civil Service employees. Subgrantees determine any and afl benefits they wish io grant their employees, and these benefits may be included in the Subgrantee budgets. 6. Subgrantees may appropriate funds for short-term consultant activities upon written approval from the City's Grants Management Staff. 7. Subgrantees may allocate money for legai consultation, providing: the amount of money does not exceed the approved budget total; funding is approved by the Subgrantees' Executive Board andlor Board of Directors; is clearly identified in the Subgrantee budget; and has prior written approval of the City's Grants Management Staff. Such funding will be determined on a case-by-case basis. Subgrantees are not clients of the Office of the Ciry Attorney. 8. Subgrantees are required to institute generally accepted accounting principles which inciude procedures which preclude overdrafts. Subgrantees are expected to pay employees and other debts in a timely manner. Payment of penalties or interest charges are not aliowed with City funds. K:\SHARED\...\CDBGCTR.02 Page E 1 December 28, 2001 (��( �(ollD City of Saint Paul Attachment E 9. Subgrantees' budgets are funded on a contract-by-contract basis. Unused funds remain with the City. 10. Subgrantees are required to keep an inventory of all furnishings and properry, and should update it on a yeariy basis. All furniture and equipment either purchased with City funds, or borrowed from City agencies, remains the property of the City. tn the event of termination ofi this Agreement, or if the Subgrantee chooses to go out of business, all of the above mentioned property shall be returned to the city in a timely manner. 11. In the event of termination of this Agreement, or if the Subgrantee chooses to go out of business, the contents of the Subgrantees records and business files relating to this Agreement shall be either turned over to the City of Saini Paul, or remain accessible to the City of Saint Paul for a period of three years following the termination of this Agreement. Ineligible funding items: 1. Undefined line items such as "miscellaneous" and "special projects" are not eligibfe for funding without written approval from the Grants Management staff. 2. Subgrantee funds provided through this Agreement may not be used to purchase food and/or beverages. Exception to this policy may be requested if the food andfor beverages are included in an individuai's registration fee for an educational meeting relating to activities included in Attachment A, Work Plan/Scope of Service. 3. Costs of legal action against the Ciry, including fees to appeal. 4. Penalties and interest charges. K:\SHARED\...\CDBGCTR.02 Page E 2 December 28, 2001 �-�o� CITY OF SAINT PAUL, MN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ATTACHMENT A SUBGRANTEE STATEMENT OF WORK/SCOPE OF SERVICES 1. Project Title: Paui and Sheila Wellstone Center For Community Development 2. Entity Responsible for Carrying Out This Project Organization Name: Neighborhood House Address: 179 Robie Street, Saint Paul, Minnesota 55107 Contract Manager: Kari Niedfeldt-Thomas Phone #: 651-789-2542 3. Project Description: Construction of a new 93,600 s.f. community center building for the City of Saint Paul, Division of Parks and Recreation and Neighborhood House. The new center will include: 2 full size gymnasiums, 260 seat performance auditorium, food shelf, kitchen and congregate dining, teaching kitchen, dance/exercise room, weight room, adult and youth computer labs, arts and crafts room, youth center, classrooms, meeting rooms and offices. 4. Statement of Need: (Reasons for undertaking this project) The existing facility is insufficient in size to maintain existing programming or to provide new programming opportunities. The age and configuration of the existing facility does not allow for efficient operation and maintenance. 5. Project Goals and Objectives: (What will be achieved as a result of this project) To construct a new state-of-the-art faciltiy which will provide integrated programming by the Division of Parks and Recreation and Neighborhood F{ouse meeting the needs of the community. Page A - 1 �'�� 6. Service Area/Target Poputation: (Attach a map of the service area, or describe the population to be served.) The Ciry offers recreational programming serving all residents Saint Paul's West Side. Neighborhood House serves this same population with many civic and social program opportunities, as well as being a regionai destination to those in need of these services. 7. Activities to be UndertakeNProgress Schedule - Anticipated Timeline: TIME PERIOD PERSON ACTIVITY RESPONSIBLE (6 month intervals) From: May 2001 To: July 2004 From: July 2004 To: From: To: From: To: Design/Engineering/Bidding Construction Ken Wehrle Saint Paul Division of Parks and Rec Kari fViedfeldt-Thomas Neighbohood House December 2004 January 2005 Construction Kari Niedfeldt-Thomas Neighbohood House June 2005 July 2005 December 2005 Construction ConstructionlFu rnishing Kari-Niedfeldt-Thomas Neighborhood House Page A - 2 t�t •�� 8. BUDGET: Fiil in line items as appropriate. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET FORM Federal EDI and Neighborhood Initiative Grants -$9,438,550 State Bond Grant - $5,000,000 Private Funds - $5,000,000 Page A - 3 � Other tunds - identify sources �-�1�I 9. a. Eligibility for use of CDBG funds for this project is based on the foliowing: Eligible Activities: (Please check all activities being carried out) _Acquisition X Demoiition Economic Devel. Housing Const. X Public Facilities Rehabilitation _Relocation b. Subgrantee will document compliance with eligibility requirements of 24 CFR Part 570 in the following manner: Maintaining records which provide a full description of each activity assisted with CDBG funds, including the activity location, and the amount of CDBG funds budgeted, obligated and expended for each activity. Documenting that the funds were expended on an activity that is CDBG eligible. Maintaining salary records, receipts and appropriate financial records including an indirect cost plan, if applicable. 10. This project will meet the CDBG low and modera�e income national objective in the following manner: (Please check one activity) X Area Benefit Activities The project will provide benefits which are available to all residents in a particular area, where at least 51% of the residents are fow and moderate income persons. The subgrantee will document meeting the area benefit objective by completing a service area map, and submitting it to PED Grants Management staff, who will determine the percentage of low and moderate income persons in the service area. ._ Housing Activities The project will provide or improve permanent residential structures which, upon completion, will be occupied by low and moderate income households. The subgrantee will document meeting the housing objective by collecting information on household size and income so that it is evident that the household income does not exceed the low and moderate income limit. Job Creation Activities The project will create permanent jobs where at least 51 % of the jobs, computed on a full time equivalent basis, involve the employment of low and moderate Page A - 4 p�{_�`�e income persons. The subgrantee will document meeting the job creation objective by collecting information on the family size and income of job applicants so that it is evident that at least 51 °!o of the jobs are filied by persons whose family income does not exceed the low and moderate income limit. 11. Program Income Requirements: CDBG program income received by the subgranfee may only be expended on CDBG eligible activities which meet the CDBG low and moderate income national objective. The program income must be expended before other CDBG funds are requested, and the subgrantee must maintain records and report on the use of program income. 12. Subgrantee acknowiedges that it is familiar with the eligibility, national objective and program income requirements in Paragraphs 9, 10 and 11 above, and that a material failure to comply with these and other applicable Federal Regulations will entitle the City to enforce remedies for noncompliance. 13. Disbursement of Funds: Requests for payment, with required documentation attached, shou(d be sent to your project manager for review and approval. Reimbursement requests may be submitted as needed, but not more often than once a month. PageA-5 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green S eet �� DepartmenHoffice/council: Date Initiated: co �� �-.���-� Green Sheet NO: 3019655 CoMact Person 8 Phone• Deoartrnent Se� To Person Initial/Date Virginia Palmer � 0 266-8770 pssign 1 ouncil Must Be on Council Agenda by (Date): Number 2 - C1erk 07JUL-04 For Routing 3 � Order 4 5 Tofal # of Signature Pages _(Clip AII Locations for Signature) Action Requested: Authorizing the appropriate officials to enter into the CommuniTy Development Block Grant Subgantee Agreement wiffi Neighborkood House for the conshuction of the Paul and Sheila Wellstone Center for Community building. Recommendations: Approve (A) or Rejed (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No �- 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes- No E�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantaqeslfApproved: DisadvantapeslfApproved: Disadvantages If Not Approved: Totat Amount of Cost/Revenue Budgeted: Transaction: Fundinp Source: Activity Number: Financial Information: (Explain) CouncilFile# 0���� Green Sheet #� C � W SS RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date rq 2 WHEREAS, the City and Neighborhood House have entered into a cooperative partnership to construct a new facility on Yhe site of the current El Rio Vista recreation center, to be known as the Paul and Sheila Wellstone Center for Community Building; and 4 5 WHEREAS, Neighborhood House is responsible for overseeing the actual construction of 6 the new facility and the City Council has previously authorized the appropriate officials to enter 7 into a Development Agreement for that purpose; and 9 10 11 12 13 14 15 16 WHEREAS, the City is using Community Development Block Grants funds for a portion of the project funding and needs to enter into a sub-grantee aareement with Neighborhood House for the purpose of setting forth the respective responsibilities in carrying out the Grant requirements in accordance with all Federal, State and local laws; now, therefore be it RESOLVED, that the City Council authorizes the appropriate officiats to enter into the Community Development Block Grant Subgrantee Agreement in substantially the form attached hereto. Requested by Department of: BY� Form Approved by City Attorne� By / Approved by Mayor for Submission to Council �' � .�1 Approved by By: Date / 4:1 � s Adoption CertifiedJ2y Council Secretary Ctt-t��4 City of Saint Paul Subgrantee Agreement City of Saint Paul, Minnesota COMMUNITY DEVELOPMENT BLOCK GRANT FY2003 SUBGRANTEE AGREEMENT THIS AGREEMENT, entered into this day of , 19_ by and between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter designated the "City", and NEIGHBORHOOD HOUSE , a Minnesota nonprofit corporation, hereinafter designated as the "Subgrantee". WITNESSETH: WHEREAS, the City and the Subgrantee desire to enter into this Agreement with the 8ubqrantee receiving a Community Development Block Grant in the amount of $2,811,069.00, for the purpose of setting forth their respective responsibilities in carrying out to a successful conclusion the City's Community Development Block Grant Program in accordance with all Federal, State and Local laws. NOW, THEREFORE, THE CITY AND THE SllBGRP<NTEE DO HEREBY MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement and activities authorized hereunder shall take effect and be in force from and after the _day of , 200_, and shall be in force and in effect through the day of , 200_, and thereafter during any period of time that the Subgrantee has control over Community Development Block Grant ("CDBG") funds including program income and loan fund repayments, or property purchased in whole or in part with CDBG funds, all in accordance with section 17 and 18 hereof. This Agreement may be otherwise extended by written agreement consented to and signed by both parties. 2. Statement of Work/Scope of Services. The Subgrantee shall perform all activities set forth in the attached "Statement of WorWScope of Services", consisting of a description of the work to be performed, a schedule for completing the work and a budget, hereby made part of this Agreement as Attachment A, and shall undertake these activities in accordance with the terms of this Agreement, and with CDBG Program Entitlement Grant Regulations (24 CFR Part 570) as applicable. Those activities shali be completed in accordance with the Completion Schedule contained in Section 7 of Attachment A hereto. If the Subgrantee faiis to comply with the Progress or Completion Schedule or other term of this Agreement, the City may enforce remedies for noncompliance in accordance with Section 85.43 of 24 CFR Part 85. 3. Funding: (a) Budget. All funds required to carry out the activities K:\SHARED\...\CDBGCTR.02 Page 1 December 28, 2001 ��. (p1 �I City of Saint Paul Subgrantee Agreement identified in the project Statement of Work/Scope of Services shall be provided to the Subgrantee as identified in the Statement of WorWScope of Service Section entitled "Project Budget". (b) Payment. The Subgrantee shall be entitled to reimbursement of funds on a monthly basis in accordance with City regulations and procedures. The Subgrantee shall submit itemized statements in such detail as required by the City to comply with all Federal, State and local requirements. All requests for funds shall conform to the line items contained in the Project Budget. (c) Program Income. Program income is gross income received by the subrecipient that was directly generated from the use of funds received by the Subgrantee from the City under this Agreement. As required in 24 CFR Sections 570.500(a) and 570.504(c), CDBG program income shall be retained by the Subgrantee during the term of the Agreement to be applied for activities as specified in the Statement of Work/Scope of Services. Funds payable by the C+ty to the Subgrantee as specified in Subparagraph 3b}, shafl be adjusted by the amounts of program income received by the Subgrantee and on hand at the time of the reimbursement request. (d) Definition. As used in this Agreement the term "Program Funds" shall mean all funds received from the City under this Agreement and all program income as defined in subsection (c) above. 4. Flexibility in Budget. The Subgrantee shall make expenditures according to the line items set forth in the Statement of Work/Scope of Service Budget. Any and all amendments to the Scope of Service Budget must be submitted in writing to the City's Grants Management Section for review and approval. 5. Audit. a) Scope of Audit. Subrecipients that expend $300,000 or more in federal funds annually to carry out a program through a primary recipient or other Subrecipients or direct recipient ofi federal awards under other agreements, agree to have an audit made by an independent auditor in accordance with Government Auditing Standards developed by the Comptroller General of the United States, OMB Circular A-133 Audits of Institutions of Higher Education and other nonprofit institutions, and OMB Circular A-122 Cost Principles for Nonprofit Organizations. b} Frequency and Completion of Audit. An audit shall be performed annualiy and should be completed within six months of the fisca{ year end. Three copies of the audit report shall be submitted within 30 days after the completion of the audit to: Mr. Surjeet Verma, Accountant, Department of Planning & Economic Development. c) Audit Cost. Reasonable costs for audits required under Subsection a) of this paragraph will be reimbursed by the City provided: the auditor was chosen through a competitive bid process, and; the audit was made in accordance with the provisions of Circular A-133. Audit costs cannot be charged to federai awards unless the audit has been performed in compliance with OMB Circulars. 6. Independent Contractor. For the purpose of this Agreement, the Subgrantee shall be deemed to be an independent contractor and not an employee of the City. Any and all employees of the Subgrantee or other persons while engaged in the performance of any work or services required by the Subgrantee under this Agreement, shall not be considered employees of the City. Any and all ciaims by any third party as K:\SHARED\...\CDBGCTR.02 Page 2 December 28, 2001 (� City of Saint Paul Subgrantee Agreement a consequence of any act or omission on the part of the Subgrantee, its employees or other persons shall be the obligation of the Subgrantee. The Subgrantee shall be responsible for all contractual obligations entered into pursuant to and in the performance of this Agreement. If required by statute, the Subgrantee shall procure and maintain in force at its expense worker's compensation insurance and shall provide the City with proof of such coverage. Withholding and payment of federal and state income taxes and FICA, for its empioyees shall be the responsibility of the Subgrantee. The Subgrantee will comply with all unemployment compensation employer contributions payments and other employer requirements of the unempioyment compensation laws, Minnesota Statutes 1990, Chapter 268. 7. Non-Discrimination. The Subgrantee shall be deemed a contractor for the application of all provisions, ordinances and other laws against discrimination, including: a) Title VI of the Civil Rights Act of 1964 (Public Law 88-352); b) Executive Order No. 11246 entitled "Equal Employment Opportunity" as supplemented in the Department of Labor Regulations (4 CFR, Part 60); c) Chapter 363, Minnesota Statutes; and d) Chapter 183 of the Saint Paul Legislative Code. The provisions of Section 183.04 of Chapter 183 are incorporated herein. 8. Reports and Records. The Subgrantee shall submit to the City a full account of the status of the activities undertaken as part of this Agreement in six month intervals. An Interim Report will be due within 30 days of the Agreement six month anniversary, and Annual Report within 30 days of the Agreement one year anniversary. In addition, specific records the Subgrantee must maintain, and submit to the City are set forth in Attachment "B", and are hereby incorporated in this Agreement. 9. Uniform Administrative Requirements. The Subgrantee shall comply with the policies, guidelines, and requirements and standards, as applicable, of 24 CFR, Parts 44, 85, and 570 and, A-122 "Cost Principles for Non-Profit Organizations", and A- 133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions", and the Attachments A, "Cash Depositories"; B"Bonding and Insurance'; C"Retention and Custodial Requirements for Records"; F"Standards for Financial Management Systems"; H"Monitoring and Reporting Program Performance"; N"Property Management Standards' ; and O"Procurement Standards" to OMB Circular A 110 as limited by 24 CFR Section 570.502(b). 10. Other Requirements; Community Development. The Subgrantee, if it receives CDBG funds, shall carry out each activity set forth in the Statement of Work/Scope of Services in compiiance with ail Federal laws and regulations described in 24 CFR 570, Part 570 Subpart K except that the Subgrantee does not assume the City's responsibility for initiating the review process under 24 CFR Part 52 nor the City's environmental responsibilities described in 24 CFR Section 570.604. Specific requirements published in 24 CFR 570 inciude: a) Sections 570.200 through 570.206 - Eligible Activities K:�SHARED\...\CDBGCTR.02 Page 3 December 28, 2001 uy. �'� City of Saint Paul Subgrantee Agreement b) Section 570.207 - Ineligible Activities c) Section 570.504 - Program Income d) Section 570.506 - Records to be maintained e) Section 570.602 - Non-Discrimination � Section 570.603 - Labor Standards g) Section 570.606 - Displacement, relocation, acquisition, and replacement of housing h) Section 570.607 - Employment and Contracting Opportunities i) Section 570.609 - Use of debarred, suspended contractors j) Section 570.610 - Uniform administrative requirements and cost principles k) Section 570.611 - Conflict of Interest Other Federal Regulations which may appiy are identified in Section 9 hereof, and in Attachment C, "Community Development Biock Grant Project Compliance Requirements", which regulations are hereby incorporated in this Agreement and made part thereof. 11. Assistance to Subgrantee. The City may assist the Subgrantee with clarifications and interpretations of federal, state and local requirements as specified in this Agreement. The Subgrantee shall notify the Ciry if and when such assistance is required, and City staff shall provide to the Subgrantee whatever technical and professional assistance the City deems appropriate to help Subgrantee comply with aIl federal, state and local regulations. Notwithstanding anything in this Agreement or paragraph to the contrary, the City does not warrant or guarantee the accuracy or correctness of the technical or professional assistance given to Subgrantee and that Subgrantee relies upon such assistance at its own peril or risk. Subgrantee understands and agrees that the compliance with rules and regulations referenced in this Agreement shall always remain the sole responsibility of the Subgrantee. Nothing in this section shall be taken or regarded by the Subgrantee as placing the City, its employees or agents as acting in the role of the Subgrantee's attorneys, accountants or engineers. The pledge of assistance herein is limited to that of the City serving as a facilitator and liaison with the federal, state and local governments so that the Subgrantee can be apprized of those governmental units' business practices and customs, as the Gity understands them to be, in the area of the Community Development Block Grant program administration. At all times, the Subgrantee has the sole and non-delegable responsibility to obey all laws, rules and regulations and to conform to accepted accounting and auditing practices and so has a duty, throughout the term of this Agreement to retain at its own expense, such attorneys, accountants, engineers and business advisers upon whose advice and counsel the Subgrantee may incur risk, liability and penalty. 12. Historic Preservation. Subgrantee shail comply with all requirements imposed by Federal, State and Iocal law respecting historic preservation. Prior to acquisition, rehabilitation or demolition of property fifty years or older, Subgrantee shall request an opinion of eligibility for placement on the historic register from the Planning Division of the Department of Planning and Economic Development, and Ciry staff will K:\SHARED\...\CDBGCTR.02 Page 4 December 28, 2001 t�y-l�'� City of Saint Paul Subgrantee Agreement notify the Subgrantee of any determination and additional requirements. 13. Constitutional Prohibition. In accordance with First Amendment Church/State Principles, as a generaf ru{e, CDBG assistance may not be used for religious activities, or provided to primarily religious entities for any activities, including secular activities. Restrictions and limitations on the use of CDBG funds are found at 24CFR 570.200 (j)), and are hereby incorporated by reference. 14. Termination or Reduction in Payments. (a) CDBG. The Secretary of the U.S. Department of Housing and Urban Development is empowered by Section III, Title I, Public Law 93-383, to terminate or reduce payments to the City and the Subgrantee, or to limit availability of payments to the City and the Subgrantee should the Secretary find, after reasonable notice and opportunity for hearing, that the City or Subgrantee has failed to comply substantiafly with any provision of Title I of the Act. The City agrees, but without liability to itself or Subgrantee, not to do anything which will cause the Secretary to take such action, and the Subgrantee will be notified in writing of any proposed action by the Secretary. The Subgrantee shall be given the opportunity to be represented at all such hearings. The City's obligation to provide CDBG funds to the Subgrantee is deemed dependent upon the City's receiving such funds from the Secretary, and all obligations of the City hereunder shall eiiher terminate or be reduced or limited in the event the Secretary should take such actions as authorized by said Section. In accordance with 24 CFR 85.43, the City reserves the right to suspend or terminate this Agreement in the event the Subgrantee fails to comply with any term of this Agreement, and the Agreement may be terminated for convenience in accordance with 24 CFR Section 85.44. (b) Additional Subgrantee Funding. The City additionally reserves the right to suspend, terminate, or reduce payments to the Subgrantee from any of the funding sources identified in Attachment A- Project Budget, or take any other such additional actions as may be necessary in the event the Subgrantee fails to comply with any of the terms of this Agreement. 15. Indemnification. The Subgrantee shall indemnify, save harmless, protect and defend the City, its officers, employees or agents, from all suits, actions or claims of any character whether such suits or actions arise out of the acts or omissions of Subgrantee, its agents or employees, or the City, or its officers, employees or agents, on account of Subgrantee and/or the City attempting or carrying out the terms of this Agreement. 16. Insurance: (a) Liability Insurance. The Subgrantee agrees that in order to protect itself as well as the City, it will obtain and keep in force during the term of this Agreement at its expense general liability insurance, and if applicabie, automobile liability insurance, covering any injury caused by act or omission on the part of the Subgrantee, its officers, agents and empioyees in performance of or with relation to any of the work or services performed or furnished by the Subgrantee under the terms of this Agreement each with minimum coverage in the following amounts: $300,000 per person and $1,000,000 per occurrence. (b) Excess Liability Coverage. The K:\SHARED\...\CDBGCiR.02 Page 5 December 28, 2001 �y�1b City of Saint Paul Subgrantee Agreement Subgrantee additionally agrees to obtain and maintain during the term of this Agreement umbrella or excess liability coverage, providing additional coverage beyond the limits of general liability and automobile coverages set forth above, in the amount of not less than $1,000,000.00. The general liability and automobile liability coverages shall contain an endorsement naming the City as additionally insured as to acts committed by the Subgrantee for which the Ciry could be held responsible. The automobile liability policy must apply to any vehicle used in connection with the performance of this Agreement by the Subgrantee. (c) Verifiable Insurance; Notice of Canceilation. The Subgrantee shall furnish Certificates of Insurance evidencing compliance with this Section which certificates shall become part of this Agreement. Each insurance policy shall contain a provision requiring thirty (30) days notice of cancellation of the policy. The City shall not be obligated to honor payment requests under Paragraph 3, above, at any time when the coverages required by this Agreement are not in force. (d) Duty to Defend and Duty to Indemnify. Each coverage afforded to the City as an additional insured under this policy expressiy includes the duty to defend and the duty to indemnify. As evidence of this commitment, afl Certificates of Insurance referenced in this Agreement shall include in the section labeled "Description/Special Items", typically in the lower left hand corner of the document, the following language: "Each coverage afforded to the City as an additional insured under this policy expressly includes the duty to defend and indemnify:' (e) Defaults and Remedies. Should tfie Subgrantee fail to obtain and/or keep in force insurance of the types and in the amounts as specified within this Agreement, or shall fail to indemnify and hold harmless the City as set forth herein; in such event, the Subgrantee shall be liable for all costs and fees, including reasonable attorney fees, that may be incurred by the City in the enforcement of the Subgrantees's Agreement to indemnify and/or to obtain and keep in force the agreed upon insurance coverage. 17. Reversion of Assets. (a) Funds. Upon termination of this Agreement, the Subgrantee shali forthwith transfer to the Ciry all Program Funds on hand at termination and all accounts receivables attributable to use of Program Funds. (b) Real Property. As specified by 24 CFR Part 570.506(d), upon termination of this Agreement any real property under the Subgrantee's control which was acquired in whole or in part with CDBG funds, or upon a change of use of real property acquired or improved in whole or in part with CDBG funds in excess of $25,000, the property shall, in a manner acceptable to the City, either: (i) be used for a period of five years from date of termination to meet one of the national objectives identified in 24 CFR, Section 570208, or; (ii) be disposed of in a manner that results in the Ci1y being reimbursed in the amount of the current fair market value of the property less the portion of the value attributable to expenditure of funds other than Program Funds. If such is used for five years in a manner which meets a National Objective and thereafter disposed of, no reimbursement of Program Funds will be required under clause (i) above. 18. Loan Fund Account. If any part of the activities funded under this K:\SHARED\...\CDBGCTR.02 Page 6 December 28, 2001 �-`.�P City of Saint Paul Subgrantee Agreement Agreement involve the making of rehabilitation loans, the Subgrantee shall maintain a separate Loan Fund Account system into which Program Funds for loans and loan principal and interest payments shall be deposited. Disbursements from the Loan Fund Account shall be made only for loans: (i) meeting eligibility criteria incorporated in the Statement of WorWScope of Service, and; (ii) evidenced by a promissory note secured by a mortgage creating a lien upon the rehabilitated property in favor of the Subgrantee or the City as assignee of the Subgrantee. Upon termination of this Agreement, the Subgrantee shafl transfer the Loan Fund Account balance and assign all promissory notes and mortgages to the City. 19. Attorney's Fees and Expenses. In the event the Subgrantee should default under any of the provisions of this Agreement, including any and all attachments hereto, and the City should employ attorneys or incur other expenses for the collection of amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of the Subgrantee, the Subgrantee will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 20. Attachments. The foilowing identified attachments are incorporated into and made part of this Agreement: . Attachment A- Statement of Work/Scope of Services, including a Work Plan, Evaluation Methodology, Community Outreach Strategy, and Direct or Indirect Cost Budget. Attachment B- Community Development Block Grant and General Fund Records and Reporting Requirements Attachment C- Community Development Block Grant , State and Local Compliance Requirements Attachment D- Year End Report/Project Evaluation, if applicable Attachment E- Subgrantee Administrative Policies Attachment F - fnsurance Certificate 21. Amendment. This Agreement may be amended by the mutual written consent of both parties. K:\SHARED\...\CDBGCTR.02 Page 7 December 28, 2001 O�1-41� City of Saint Paul Subgrantee Agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. This Agreement has been reviewed for appropriate language as outlined in 24 CFR 570.503 of the Federai Register, applicable to projects/programs funded with CDBG monies. This review must be completed and signature obtained before other City signatures are requested. Department of Planning and Economic Development Grants Management Staff CITY OF SAINT PAUL SIGNATURES APPROVED AS TO FORM: By Assistant City Attorney Its Director, Office of Financial Services Its Mayor Its Director, Department of Planning and Economic Development SUBGRANTEE SIGNATURES: Its By. Its K:\SHARED\...\CDBGCTR.02 Page 8 December 28, 2001 p� City of Saint Paul, Minnesota � Community Development Block Grant\General Fund � Records and Reporting Requirements ATTACHMENT B The following records shall be maintained by the Subgrantee, copies of which shall be submitted to the City in such form as prescribed: All receipts and invoices relating to expenditures of Community Development Block Grant (CDBG) and/or City provided funds. 2. Accounting records that are supported by source documentation. Subgrantee will establish a separate, identifiable accounting record for the activity(ies) contained in this Agreement. Records shall be sufficient to reflect all costs incurred in performance of this Agreement. The books, records, documents, and accounting procedures, relevant to the grant shall be subject to examination by the city, appropriate federal agency(ies), and the legislative auditor at any time during the pertormance of this Agreement, and for up to three years following the completion of this Agreement. 3. Payroll records, including hours worked, of all employees reimbursed with funds provided through this Agreement. 4. Mileage records, detailing the mileage reimbursement system, person(s) participating in the program, number of miles driven, and amount reimbursed with City provided funds. 5. Records of Liability Insurance, Automobile Insurance, including proof of insurance in effect, and proof of payment of insurance premiums. 6. Detailed progress reports, submitted at such time and in such form as required by the City. 7. Records of Board or Committee meetings relating to decisions governing the use of funds provided under this Agreement. 8. Some activities may require additional CDBG eligibility determinations, including: 1) public service activities - documentation that the service provided is either a new or extended service; 2) housing and economic development assistance - verification that the assistance is appropriate, and the costs are reasonable; and 3) special housing, rehabilitation, or economic development activities carried out by neighborhood non-profit development corporations. K:\SHqRED\..,\CDBGCTR.02 Page B 1 December 28, 2001 o �-��� City of Saint Paul Attachment B 9. if the Subgrantee is providing grants or loans, it shall keep records documenting the use of such funds, including; records documenting recipient eligibility, payments made, and documentation on completion of work for which the grant or loan was initiated. 10. Records providing evidence that all expenditures authorized under this Agreement are appropriate, and that the associated costs are reasonable. This includes records indicating a minimum of two bids itemizing costs for comparable labor and/or materials were received, and that the lowest responsible bid was selected. If the lowest bid is not selected, records should indicate how it was determined that the cost of alternate selection was reasonable. 11. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with funds from this Agreement, the Subgrantee shall clearly state the source or funds to be used, and the approximate percentage of the project which will be funded by this Agreement. 12.• Records of the amount of private/other matching tunds received, as identified in the Project Budget. 13. Record keeping requirements as detailed below: A. For housing activities, records indicating the number of housing units rehabilitated, the number of housing units removed, the number of housing units created, the number of housing units lost, the number of housing units replaced, the number of housing units relocated, and a summary of the totaf affected units. In addition, according to 570.506(b), records shall be kept indicating the income levels of those persons assisted, and for rental housing, the current level of rent. B. For economic development activities, records indicating the number of establishments: removed, created, assisted, rehabilitated. In addition, according to 570.506(b)(5), records indicating the number of jobs created, new jobs created by category, delineation of full or part time, salary levels. C. For activities determined to benefit low and moderate income persons based on the area senred; records as defined in 570.506(b)(2): service area boundaries and income information on persons residing in service area. 14. Fair Housing and Equal Opportunity Records as described in 570.506(f) and other records as listed in 570.506Q). K:\SHARED\...\CDBGCTR.02 Page B 2 December 28 zooi City of Saint Paul Attachment C � City of Saint Paul, Minnesota _ Federal Requirements for the Community Development Block Grant (CDBG) Program ATTACHMENT C The following list contains the public laws and executive orders which may be applicable to activities funded in whole or in part with Community Development Block Grant(CDBG). If you have any questions, please contact Grants Management Staff at 1400 Ciry Hall Annex, 25 West 4th Street, Saint Paul, MN 55102, Phone: 612-266- 6693. 1) DAVIS BACON ACT/CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 USC 276(a) - 276(a)5, USC 327 et. seq. Provides that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with CDBG or UDAG funds shall be paid prevailing wages. This includes all commercial activity and housing activity of eighi or more units. 2) COPELAND ANTI-KICKBACK ACT 18 USC 874 Prohibits kickbacks to public employees, and any person involved in the administration of federal funds. 3) EXECUTIVE ORDER 11246, AS AMENDED BY EXECUTIVE ORDERS 11375 & 12086 24 CFR 130.1 Relates to equal employment opportunities under HUD contracts and HUD assisted construction contracts. 4) 24 CFR Part 85 24 CFR 570.502 Uniform administrative requirements for all Grant-in-Aid Programs. These regulations apply to state and local governments. 24 CFR 570.609 regulates the use of debarred, suspended contractors on federally funded projects. 5) OMB CIRCULAR A- 87 Relates to cost and expenditure principles for federally funded grants and contracts. These are rules apply to state and local governments and in part, to subgrantees. 6) OMB CIRCULAR A- 110 Contains uniform administrative requirements applicable to federafly funded grants and contracts with non-profit organizations. Includes requirement for K:\SHARED\...�CDBGCTR.02 Page C 1 December 28, 2001 �y-��t, City of Saint Paul Attachment C the City and/or HUD to monitodreview/report on subgrantee activities. Note: All sections of A-110 apply except the audit provisions, which are replaced by OMB Circular A-133. 7) OMB CIRCULAR A -133 Contains audit requirements for non-profit organizations. This Circular replaces the audit provisions of OMB Circular A- 110. 8) OMB CIRCULAR A -122 Uniform cost principles for non-profit organizations receiving federal funds. 9) LEAD BASED PAINT POISONING PREVENTION ACT 42 USC 4831, 24 CFR 570.608 & 24 CFR 35, Subpart B Prohibits the use of lead based paint in any federally funded project. Also requires notification for removal of lead based paint in rehabilitation projects. 10) CLEAN AIR ACT, WATER POLLUTION CONTROL ACT 42 USC 1857 33 USC 1251 24 CFR 1.3 et. seq. Clean air and water acts that pertain to all projects and programs. 11) TITLE VI, CIVIL RIGhITS ACT OF 1964 42 USC 2000(d) Public Law 88.352 24 CFR 570.601 Act states that no person shall be denied participation in, or benefits from federal assistance on the basis of race, color or national origin. 12) TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968, FAIR 42 USC 3601 Public Law 90.284 No person shall be denied housing opportunities on the religion or national origin. HOUSING ACT 24 CFR 570.601 basis of race, color, 13) EXECUTIVE ORDER 11063, & AMENDED BY E.0.12259 24 CFR 570 Part 107 Prohibits discrimination in housing and related facilities owned or operated by the Federal Government, and in lending practices. 14) EXECUTIVE ORDER 11625 Relates to the national program for Minority Business Enterprise. 15) SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 12 USC 1701(u) "SET - ASIDE" 24 CFR 135.20(b) Provides that to the greatest extent feasible, training and employment opportunities shall be made available to lower income residents of project areas and that contracts shall be awarded to small businesses located within the project area or owned in substantial part by project area residents. K:\SHARED\...\CDBGCTR.02 Page C 2 oecember zs, zooi pH-l��lo City of Saint Paul Attachment C 16) SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 42 USC 5309 24 CFR 570.602 Prohibits discrimination on the basis of race, color, religion or national origin in any activity or program funded in whole or in part with CDBG or UDAG funds. 17) AGE DISGRIMINATION ACT OF 1975 42 USC 6101 Public Law 94.135 No persons shall, on the basis of age, be excluded from participation or be denied benefits, or be subject to any discrimination from any program receiving federal assistance. 18) SECTION 504 OF THE REHABILITATION ACT OF 1973 29 USC 1794 24 CFR Part 8 Provides that physically impaired persons may not be excluded from participation or be denied benefits from any program receiving federal assistance. 19) ARCHITECTURAL BARRIERS ACT OF 1968 42 USC 4151 Provides that government agencies shall prescribe standards for the design, construction and alteration of buildings to insure that whenever possible physically impaired persons wili have ready access to, and use of such buildings. This rule in and of itself does not apply to the CDBG program, except as it impacts on Section 504. 20) UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 42 USC 4601 24 CFR Part 42 24 CFR 570.606 Provides relocation benefits and land acquisition procedures when property is acquired by federal or state agencies. For the purpose of this act, the City is an agency of the State. 21) NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 42 USC 432i 24 CFR Part 58 The recipient of federal funds assumes the responsibility for ensuring that environmental reviews are completed prior to the start of any activity funded in whole or in part with federal funds. 22) NATIONAL HISTORIC PRESERVATION ACT 16 USC 470 Public Law 89-665 Relates to the process for designating structures on the National Historic Preservation List, and the kinds of activities which may be done as a result of this designation. K:\SHARED\...\CDBGCTR.02 Page C 3 December 28, 2001 py-( City of Saint Paul Attachment C 23) ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974 P. L.93-291 This is an update of the act listed above. 24) EXECUTIVE ORDER 1593 Provides for the protection and enhancement of the cultural environment. 25) FLOOD DISASTER PROTECTION ACT OF 1973 42 USC 4001 E.O. 11988 E.O. 11288 Public Law 93-234 No activity funded in whole or in part with federal assistance may be undertaken in a designated flood plain without National Flood Insurance. 11988 relates to evaluation of flood hazards. 11288 relates to the prevention, control and abatement of water pollution. 26) HATCH ACT 5 USC 1501 Prohibits the financing of any type of political activities with federal funds. 27) CODE OF CONDUCT AND CONFLICT OF INTEREST 24 CFR Part 85.36 E� 570.611 States that no person(s) administering federally funded programs m�y, as a resuit of their position, receive personal gain. 28) INTERGOVERNMENTAL REVIEW OF WATER & SEWER PROJECTS Executive Order 12372 Allows for the State and Metro Council to review and comment when the grantee/subgrantee proposes to finance the planning or construction of water or sewer facilities. 29) REQUIREMENTS GOVERNING LOBBYING OF HUD PERSONNEL; PROPOSED RULE 24 CFR Part 86 Reporting requirements and fee limits for the hiring of persons to influence a HUD officer or employee. K:\SHARED\...\CDBGCTR.02 Page C 4 December 28, 2001 �-(�l4 ^� A7TACHMENT C Project activities shall be carried out in compliance with all State and local applicable laws, orders, and regulations, including: 1) The Minnesota State Act Against Discrimination (Minnesota Statutes Chapter 363) and implementing regulations issued at 64 MCR Section et. seq.: City of Saint Paul, Minnesota STATE AND LOCAL Government Project Requirements 2) The Human Rights Ordinance (Saint Paul Legislative Code Chapter 183) and Rules Governing Affirmative Action Requirements in Employment issued by the Saint Paul Human Rights Commission October 4, 1977, as amended; 3) The Purchasing From the Targeted Vendor Development Program (Saint Paul Administrative Code Chapter 81), and implementing regulations when issued, for effect; 4) The Minimum Wages on Public Contracts Ordinance (Saint Paul Administrative Code Section 82.07) and rules issued at Chapter A-9 City Contracts-Wage Rates, Appendix to the Saint Paul Administrative Code. 5) The Minnesota residential Mortgage Originator and Servicing Licensing Act (Chapter 343, Minnesota Statutes). Prior to undertaking the performance of any activity authorized under this Agreement, the Subgrantee agrees to participate in a City Contract Compliance informational meeting. If deemed necessary by the City, specific contract compliance requirements will be incorporated into a written document, to be submitted and followed during the completion of the activities authorized as part of this Agreement. K:\SHARED\...\CDBGCTR.02 Page C 5 December 28, 2001 ��'� City of Saint Paul, Minnesota CITY\SUBGRANTEE AGREEMENT Administrative Policies ATTACHMENT E Eligibie funding activities and procedures: The City will provide funds to Subgrantees on a reimbursement basis, and in accosdance with the budgets contained the City/Subgrantee Agreements. 2. Any changes or modifications to the budgets must be transmitted in writing to the City's Grants Management Staff for review and approval. 3. Subgrantee budgets must be structured to provide a separate and identifiable audiVbudget trail which details all expenditures related to the City/Subgrantee Agreement. 4. Each Subgrantee is solely responsible for budgeting adequate funds to cover its employment agreement obligations. This may include: FICA, workmen's compensation, unemployment taxes, travel allowance, parking fe�s, health insurance, etc. 5. Subgrantee employees are not employees of the City of Saint Paul, and do not qualify for benefits granted to City Civil Service employees. Subgrantees determine any and afl benefits they wish io grant their employees, and these benefits may be included in the Subgrantee budgets. 6. Subgrantees may appropriate funds for short-term consultant activities upon written approval from the City's Grants Management Staff. 7. Subgrantees may allocate money for legai consultation, providing: the amount of money does not exceed the approved budget total; funding is approved by the Subgrantees' Executive Board andlor Board of Directors; is clearly identified in the Subgrantee budget; and has prior written approval of the City's Grants Management Staff. Such funding will be determined on a case-by-case basis. Subgrantees are not clients of the Office of the Ciry Attorney. 8. Subgrantees are required to institute generally accepted accounting principles which inciude procedures which preclude overdrafts. Subgrantees are expected to pay employees and other debts in a timely manner. Payment of penalties or interest charges are not aliowed with City funds. K:\SHARED\...\CDBGCTR.02 Page E 1 December 28, 2001 (��( �(ollD City of Saint Paul Attachment E 9. Subgrantees' budgets are funded on a contract-by-contract basis. Unused funds remain with the City. 10. Subgrantees are required to keep an inventory of all furnishings and properry, and should update it on a yeariy basis. All furniture and equipment either purchased with City funds, or borrowed from City agencies, remains the property of the City. tn the event of termination ofi this Agreement, or if the Subgrantee chooses to go out of business, all of the above mentioned property shall be returned to the city in a timely manner. 11. In the event of termination of this Agreement, or if the Subgrantee chooses to go out of business, the contents of the Subgrantees records and business files relating to this Agreement shall be either turned over to the City of Saini Paul, or remain accessible to the City of Saint Paul for a period of three years following the termination of this Agreement. Ineligible funding items: 1. Undefined line items such as "miscellaneous" and "special projects" are not eligibfe for funding without written approval from the Grants Management staff. 2. Subgrantee funds provided through this Agreement may not be used to purchase food and/or beverages. Exception to this policy may be requested if the food andfor beverages are included in an individuai's registration fee for an educational meeting relating to activities included in Attachment A, Work Plan/Scope of Service. 3. Costs of legal action against the Ciry, including fees to appeal. 4. Penalties and interest charges. K:\SHARED\...\CDBGCTR.02 Page E 2 December 28, 2001 �-�o� CITY OF SAINT PAUL, MN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ATTACHMENT A SUBGRANTEE STATEMENT OF WORK/SCOPE OF SERVICES 1. Project Title: Paui and Sheila Wellstone Center For Community Development 2. Entity Responsible for Carrying Out This Project Organization Name: Neighborhood House Address: 179 Robie Street, Saint Paul, Minnesota 55107 Contract Manager: Kari Niedfeldt-Thomas Phone #: 651-789-2542 3. Project Description: Construction of a new 93,600 s.f. community center building for the City of Saint Paul, Division of Parks and Recreation and Neighborhood House. The new center will include: 2 full size gymnasiums, 260 seat performance auditorium, food shelf, kitchen and congregate dining, teaching kitchen, dance/exercise room, weight room, adult and youth computer labs, arts and crafts room, youth center, classrooms, meeting rooms and offices. 4. Statement of Need: (Reasons for undertaking this project) The existing facility is insufficient in size to maintain existing programming or to provide new programming opportunities. The age and configuration of the existing facility does not allow for efficient operation and maintenance. 5. Project Goals and Objectives: (What will be achieved as a result of this project) To construct a new state-of-the-art faciltiy which will provide integrated programming by the Division of Parks and Recreation and Neighborhood F{ouse meeting the needs of the community. Page A - 1 �'�� 6. Service Area/Target Poputation: (Attach a map of the service area, or describe the population to be served.) The Ciry offers recreational programming serving all residents Saint Paul's West Side. Neighborhood House serves this same population with many civic and social program opportunities, as well as being a regionai destination to those in need of these services. 7. Activities to be UndertakeNProgress Schedule - Anticipated Timeline: TIME PERIOD PERSON ACTIVITY RESPONSIBLE (6 month intervals) From: May 2001 To: July 2004 From: July 2004 To: From: To: From: To: Design/Engineering/Bidding Construction Ken Wehrle Saint Paul Division of Parks and Rec Kari fViedfeldt-Thomas Neighbohood House December 2004 January 2005 Construction Kari Niedfeldt-Thomas Neighbohood House June 2005 July 2005 December 2005 Construction ConstructionlFu rnishing Kari-Niedfeldt-Thomas Neighborhood House Page A - 2 t�t •�� 8. BUDGET: Fiil in line items as appropriate. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET FORM Federal EDI and Neighborhood Initiative Grants -$9,438,550 State Bond Grant - $5,000,000 Private Funds - $5,000,000 Page A - 3 � Other tunds - identify sources �-�1�I 9. a. Eligibility for use of CDBG funds for this project is based on the foliowing: Eligible Activities: (Please check all activities being carried out) _Acquisition X Demoiition Economic Devel. Housing Const. X Public Facilities Rehabilitation _Relocation b. Subgrantee will document compliance with eligibility requirements of 24 CFR Part 570 in the following manner: Maintaining records which provide a full description of each activity assisted with CDBG funds, including the activity location, and the amount of CDBG funds budgeted, obligated and expended for each activity. Documenting that the funds were expended on an activity that is CDBG eligible. Maintaining salary records, receipts and appropriate financial records including an indirect cost plan, if applicable. 10. This project will meet the CDBG low and modera�e income national objective in the following manner: (Please check one activity) X Area Benefit Activities The project will provide benefits which are available to all residents in a particular area, where at least 51% of the residents are fow and moderate income persons. The subgrantee will document meeting the area benefit objective by completing a service area map, and submitting it to PED Grants Management staff, who will determine the percentage of low and moderate income persons in the service area. ._ Housing Activities The project will provide or improve permanent residential structures which, upon completion, will be occupied by low and moderate income households. The subgrantee will document meeting the housing objective by collecting information on household size and income so that it is evident that the household income does not exceed the low and moderate income limit. Job Creation Activities The project will create permanent jobs where at least 51 % of the jobs, computed on a full time equivalent basis, involve the employment of low and moderate Page A - 4 p�{_�`�e income persons. The subgrantee will document meeting the job creation objective by collecting information on the family size and income of job applicants so that it is evident that at least 51 °!o of the jobs are filied by persons whose family income does not exceed the low and moderate income limit. 11. Program Income Requirements: CDBG program income received by the subgranfee may only be expended on CDBG eligible activities which meet the CDBG low and moderate income national objective. The program income must be expended before other CDBG funds are requested, and the subgrantee must maintain records and report on the use of program income. 12. Subgrantee acknowiedges that it is familiar with the eligibility, national objective and program income requirements in Paragraphs 9, 10 and 11 above, and that a material failure to comply with these and other applicable Federal Regulations will entitle the City to enforce remedies for noncompliance. 13. Disbursement of Funds: Requests for payment, with required documentation attached, shou(d be sent to your project manager for review and approval. Reimbursement requests may be submitted as needed, but not more often than once a month. PageA-5 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green S eet �� DepartmenHoffice/council: Date Initiated: co �� �-.���-� Green Sheet NO: 3019655 CoMact Person 8 Phone• Deoartrnent Se� To Person Initial/Date Virginia Palmer � 0 266-8770 pssign 1 ouncil Must Be on Council Agenda by (Date): Number 2 - C1erk 07JUL-04 For Routing 3 � Order 4 5 Tofal # of Signature Pages _(Clip AII Locations for Signature) Action Requested: Authorizing the appropriate officials to enter into the CommuniTy Development Block Grant Subgantee Agreement wiffi Neighborkood House for the conshuction of the Paul and Sheila Wellstone Center for Community building. Recommendations: Approve (A) or Rejed (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No �- 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes- No E�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantaqeslfApproved: DisadvantapeslfApproved: Disadvantages If Not Approved: Totat Amount of Cost/Revenue Budgeted: Transaction: Fundinp Source: Activity Number: Financial Information: (Explain)