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HomeMy WebLinkAbout1988-02-08 88-106 ORDER88-106 Introduced by Councilor Blanchette. February 8, 198 ry� 'po CITY OF BANGOR (MLF,) (0rbtrr..AuthQrizing_ Gity..Manager.. to.Enter... into.. Grant. Agreement with the Maine State Housing Authority -Diocesan Human Relations Inc./Greater Bangor Area Shelter - Emergency Shelter By the City Conned of Be City of Bremer: ORDERED, THAT the City Manager, on behalf of the City of Banqor, is hereby authorized and directed to enter into a grant agreement with the Maine State Housing Authority, a copy of which is on file in the office of the City Clerk, and to take all other necessary action including execution of documents and contracts, for the purpose of providing emergency Shelter. 88-I06 ORDER IN CITY COUNCIL February 8, 1988 Passed. Conflict for Title, FEB-2 Pq nl Councilors England and Sari. . A44hoC{zfpg city, AWAGK co ,flgcg4 gnro CITYt Grant Agreement with the Maine State �CIIY1 BANGOR CITY CLERK...................................... CiiEflN Housing Authority-Diocesan Human Relations Inc./Gxeatex Bangor Area Shelter - Emergency Shelter Introduced and filed by Councilman h GRANT AGREENEFT " Emergency Shelter Grants Program 1. This Grant Agreement is made by and between the Maine State Housing Authority (hereinafter referred to as "MSHA"), and City of Bangor, (hereinafter referred to a "Recipient") in connection with the Emergency Shelter Grants Program ("ESGP"). 2. The Grant which is the subject of this Agreement is authorised by Subtitle B of Title Ip of the Stewart B. McKinney Homeless Assistance Act, Public Lav 100-)), approved July 22, 1987. The Grant Is also subject to the United States Department of Housing and Urban Development's ("RUB") regulations at 24 CPR Part 575, as now in effect. end as may be amended from time to time. the Notice on the 1982 CROP and the RIGA Emergency Shelter Grants Program Guide, which are incorporated as part of this Agreement. 3. MSHA hereby allocates Twenty Pour Thousand Seven Hundred Ninety Five and no/100 Bollard ($24,295.00) in grant funds to Recipient for suballocation to Spruce Run Association, (hereinafter referred to as "Shelter Operator") for the following approved expenses: Priority. if any Expense Item Contract Required N/A Remodeling of Kitchen and Yea Hall. Including Nee Appliances 4. Recipient agrees to suballocate all grants funds allocated under Paragraph 3 of this Agreement as follows: a. Recipient shall enter into a suballocation agreement with Shelter Operator by no later than 30 days' -from the effective date of this Agreement. The suballocation agreement shall be subject to prior review and approval by VISA. If Recipient fails to enter into the suballocation agreement with Shelter Operator as approved by HIM within the 30 any period. MSBA may require that arms or all of the grant amount be forfeited. b. Except as described boles, use of grant funds is limited to those items as enumerated in Paragraph 3 of this Agreement. C. If there are funds remaining after all approved items Have been completely funded, H511a may authorize the asof the remaining funds. Recipient shall submit to MSHAa proposal ERGP/GrentAgremmt 022288 Page 1 of 5 r - for utilizing the remaining funds, along with any reasonable documentation as MSW may require. MEA shall review the proposal for compliance with ROD regulations and for reasonableness. Any such proposed expenditures my be approved only in Writing by MSU to Recipient and Shelter Operator. d. If priority numbers are indicated In Paragraph 3 above. such expenses shall be funded in the order of priority show. Awry items to be performed byecontractor shall be perforded only under contracts which have been approved by MSW. e. Written contracts shall be required for those item a aresrated in Paragraph 3 of this Agreement. Such contracts ubject to the prior approval in writing by MRA. Any subsequent changes In either the price or the scope of such contracts shall be made by Written change order end shall be subject to the prior written approval of MSMA. f. Recipient shall require that Shelter Operator mks all reasonable, good faith efforts to expand all approved funds on r before December 31, 1988. My Amounts not expanded by Shelter Operator on or before December 31, 1988 maybe recovered from Recipient by -MSW after that date. S. After executing the suba130cation agreement with Shelter Operator as required it Paragraph 4. Recipient my drawdown the grant funds by submitting Written requests to MHA as described below: a. Recipient shall require that Shelter Operator submit written foods requests with evidence of coats incurred or work completed to Recipient for approval. b. Fund requests shall identify Shelter operator. Amount of funds requested, how such funds are going to be spent, the timfrem for expenditures, and such other information as may be reasonably required. These written requests shall be accompanied by documntatim of expenses. -such asreceipts, invoices, o cost estimates. in the c of any foods being awarded to perform improvements to a building, evidence of completion of work to be funded shall also accompany the written request for funds. C. Recipient stall review fund requests for compliance with ESGP requirements and Agreements. d. Recipient shall forward fond requests to MRA with its authorized signature indicating approval. e. MSW will distribute the grant funds to Recipient within ten (10) days of receipt of the Written request. f. Thereafter, Recipient shall distribute the foods to Shelter Operator within ten (10) daysofreceipt from MSW. ESGPIGrantAgreement 022298 Page 2 of 5 6. Recipient agrees to monitor the expenditure of all grant funds by Shelter Operator in order to ensure that the funds are expended for the purposes and expenses sat forth 1n paragraph 3 within 30 days of distribution of the funds by Recipient to Shelter Operator unless otherwise approved by MSHA. Recipient shall certify all expenditures to MRA within 30 days of expenditure. Such certification shall include written documentation of costa such as receipts and such other Information as MHA may reasonably require. If Recipient fails to r ensure that the funds a expended for the Purposes and expenses approved by MESA, or coensure the expenditure of the funds by Shelter Operator within the 30 day period following the distribution, or to certify expenditures within 30 days following expenditure, MIA any require that Recipient relmbuvse MHA for some or all of the grant funds. 7. In the case of any foods being awarded to perform renovations or to pay for maintenance, operation, insurance, utilities, o furnishings in connection with a building. the Recipient hereby certifies to HIM that it will ensure to RSHA'a satisfaction that the building will regain in a ashelter for not less than three years. In the ca of any funds being used to perform major rehabilitation (rehabilitation that involves costs in excess of 75% of the pre -rehabilitation value of the building),or rsion (change in use of a building where the .cont of conversion and any rehabilitation exceeds 75% of the pre -rehabilitation value of the building). of a building. the Recipient hereby certifies to MSHA that the building will remain in use as to a shelter for t less than ten years. The three and ten year periods of this Paragraph begin to red (1) in the case of a use shelter, on the date of initial occupancy, and (2) in the s ca of an existing shelter, an the date that grant amounts are first obligated to the shelter. S. Recipient also hereby certifies to HSRA as follows Use of grant funds will comply with von -discrimination and equal opportunity laws including: (1) the requirements of Title Pill of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and implementing regulations at 24 CFE Part 107 and Title VI of the Civil Rights Act 0f 1964 (42 U.S.C. 2002d-1) and implementing regulations issued at CPA Part 1; (2) The prohibitions against discriminatim on the basis of age under the Age Discrimination Act of 1975 (42 O.E.C. 6101-07) and the prohibitions against discrinination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 O.S.C. 794); 3) the requirements of Executive Order 11246 and the regulations issued under the Order at 41 CPR Chapter 60 ("Equal Employment Opportunity"); and (4) The requirements of Section 3 of the Rousing and Urban Development Act of 1968, 12 U.S.C. 370lu (employment opportunities for' lower income persons in connection with assisted projects); and (5) The requirements 0f Executive Orders 11625 and 12432 (concerning the national policy for ESGP/GxantAgreement 022288 Page 3 of 5 Minority Business Enterprise Policy"), Consistent with ROD 'a responsibilities under these orders, the Recipient must make efforts to encourage the use of minority and c business enterprises in connection With activities .receiving grant funds. b) Recipient shall ensure that Adequate procedures are used to make barrenbarrenthe availability of a of the facility and services to all persons an a nondiscriminatory basis, including to all persons of any Particular racalor, n religio national origin. Recipient agre a to require that such procedures are documented by Shelter Operator if requested. c) Use of grant funds will comply with the policies, guidelines And requirements of On Circulars A-87 and A-102, as they relate to the acceptance e and a of emergency shelter grant amounts by Recipient, and A-130and A-122 as they relate to acceptance and use of emergency shelter grant Aspects by Shelter Operator. d) Use of grant foods for major rehabilitation o conversion of r a building (i.e., improvements o conversion exceeding 75S of building's pre-rebabilftatfonvalue) will comply with Uniform Federal Accessibility Standards at 24 CPR Part 40, Appendix A. a) Use of grant funds for any rehabilitation Will comply with the requirements of the Lead -Based Paint Poisoning Prevention Act (42 USC 4821-4846) and implementing regulations at 24 CFE Part 35. f) With respect to use of grant funds, no person who is an employee, agent, consultant, officer, or elected 0 appointed official of the Recipient or Shelter Operator that receives emergency shelter grant amounts and who exercises has exercised any functions or responsibilities with aspect to assisted activities or who is in a position t participate in a decision-making process or gain inside Information With regard to such activities, may obtain a personal or financial interest or benefit from the activity, Or have an forecast in any contract. subcontract or agreement with respect thereto, the proceeds thereunder. either for him or herself or those With whom he or she has family or business ties, during his or her tenure or for one year thereafter. g) No EBB -debarred, -suspended, o -ineligible contractors, pursuant to 24 CFO Part 4, will be used In ESGP projects. h) No rehabilitation will be performed on any building located in an area that has been identified by the Federal Management Agency (FEMA) as having special flood hazards unless flood insurance is in place. i) The Recipient has a financial management system that provides for audits in accordance with 24 CPE Part 44. ESGP/GrantAgreement 022286 Page 4 of 5 9. The Recipient hereby agrees to report to HSHA regarding the use of ESGP grant funds. including information on amounts spent and items of expense from time to time as requested by MSM. 30. This agreement is entered into effective February 23. 1988. By;MAINE STATE HOUSING AUTHORITY IT -,L j -a// 41 e ira mumo H. Mitchell Ita Director RECIPIENT CITY OF BANGOR Wltneea:���s.�y� �a.•u BYE unier Executive Thomas E. Small Printed Name Interim City Manager Title FORMS2/ESGP/GrantAgree EGGP/GrantAgreement 022288 Page 5 of 5 GRANT AGREEMENT Emergency Shelter Grants Program 1. Thin Grant Agreement is made by and between the Maine State Housing Authority (hereinafter referred to as "MSBA"). and City of Bangor, (hereinafter referred to as "Recipient") in connection with the Emergency Shelter Grants Program ("RESP"). 2. The Grant which is the subject of this Agreement is authorized by Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act, Public Law 100.77, approved July 22, 1987. The Grant is also, subject to the United Staten Department of Housing and Urban Development's ("WD") regulations at 24 CPP Part 575, as now in effect and as may be amended from time t0 time, the Notice on the 1987 ESOP and the MESA Emergency Shelter Grants Program Guide, which are incorporated as part of this Agreement. 3. NSHA hereby allocates Seven Thousand Seven Hundred Eight and no/100 Dollars ($7,708.00) in grant funds to Recipient for svballocatfon to The Greater Bangor Area Shelter, (hereinafter referred to as "Shelter Operator') for the following approved expenses: Priority. If any Expense Item Contract Required Alarm System Installation No Dishwasher and Disposal " Beds Computer and Printer " Building Maintenance Supplies " Veen= and Floor Buffer " 4. Recipient agrees to suballocane all grants funds allocated under Paragraph 3 of this Agreement as follows: a. Recipient &ball enter into a subellocation agreement with Shelter Operator by no later than 30 days from the effective date of this Agreement. The suballocation agreement shall be subject to prior review and approval by M&RA.O If Recipient fails to enter into the euballocation agreement with Shelter Operator as approved by MSM within the 30 day period, NSHA may require that some or all of the grant amount be forfeited. b. except as described below, u of grant funds is limited to those items as enumerated in Paragraph 3 of this Agreement. c. If there are funds remaining after all approved items have been completely funded, NSHA may authorize the use of the remaining funds. Recipient shell submit to HSMa proposal for utilizing the remaining funds, along with any reasonable mewa documentation as MSM y require. HERA shall review the proposal for compliance with RW regulations and for reasonableness. Any such proposed expenditures may be approved only in writing by MSDA to Recipient and Shelter Operator. d. If priority numbers are indicated in Paragraph 3 above, such expenses shall be funded In the order of priority show. Any items an be performed by acontractor shall be performed only under contracts which have been approved by MHA. e. Written contracts shall be required for those items a enumerated in Paragraph 3 of this Agreement. Such contracts are subject to the prior approval In writing by MSHA. Any subsequent changes in either the price or the scope of such ,tracts shall be made by Written change order and shall be subject to the prior written approval of HSM. f. Recipient shall require that Shelter Operator make all reasonable, good faith efforts to expend all approved funds On or before December 31. 1908. Any anants not expended by Shelter Operator on or before December 31. 1988 may be recovered from Recipient by MRM after that date. 5. After executing the suballocation agreement vltb Shelter Operator as required in Paragraph 4, Recipient may drawdown the grant funds by submitting written requests to MSM as described below: a. Recipient shall require that Shelter operator submit written funds requests with evidence of costs Incurred or work completed to Recipient for approval. b. Fund requests shall identify Shelter Operator, mount of funds requested, has such funds are going to be spent, the timeframe for expenditures, and such other informationa may be reasonably required. These written requests shall be accompanied by dot w tatiof ezpev uch a receipts. invoices. a estimates. In the c of any funds being awarded to perform fnpro ,,ants to a building, evidence of completing of work to be funded shall also accompany, the Written request for funds. C. Recipient shall review fund requests for compliance with ESGP requfiements and Agreements. d. Recipient shall forward fund requests to HSM with its authorized signature indicating approval. a. MSM well distribute the grant funds to Recipient within ten (10) days of receipt of the Written request. f. Thereafter, Recipient shall distribute the funds to Shelter Operator within ten (10) days of receipt from MSM. ESGP/GrantAgrement 022288 Page 2 of 5 6. Recipient agrees to aanitor the expenditure of all grant funds by Shelter operator in order to ensure that the funds are expended for the purposes and expenses set forth in paragraph 3 within 30 days of distribution of the funds by Recipient to Shelter Operator unless otherwise approved by MESA. Recipient shall certify all expenditures to HSSA within 30 days of expenditure. Such certification shell include written documentation of costs such as receipts and such other mma dnfortim as MSSA y reasonably require. If Recipient fails to ensure that the funds are expended for the purposes and expenses approved by REM. or to ensure the expenditure of the funds by Shelter Operator within the 30 day period following the distribution, or to certify expenditures within 30 days fallowing expenditure, MSRA may require that Recipient reimburse MSRA. for some or all of the grant funds. 7. In the case of any funds being awarded to perform renovations or to pay for maintenance, operation, insurance, utilities, o furnishings in connection with a building, the Recipient hereby certifies to MSRA that 1t will ensure o MSHA's satisfaction that the building will Tunisia in a shelter for not less than three years. In the c of any funds being used to perform =jar rehabilitation (rehabilitation that Involves costa in excess of 75% of the pre -rehabilitation value of the building), or conversion (change in use of a building where the .met of conversion and any rehabilitation exceeds 75% of the pre -rehabilitation value of the building), of a building, the Recipient hereby certifies to NSHA that the building will r main in use as a shelter for not lees than ten years. The three and ten year periods of this Paragraph begin to ran (1) in the case e of a w shelter, on the dace of initial occupancy, and (2) in thecase of an existing shelter, an the date that grant amounts are firstobligated to the shelter. S. Recipient also hereby certifies to MSRA as follows a) Use of grant funds will comply, with non-dlscrinimcion and equal opportunity laws including: (1) the requiremmm of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and implementing regulations at 24 CFR Part 107 and Title VI of the Civil Rights Ac[ of 1964 (42 U.S.C. 20024-1),and implementing regulations issued at CFR Parc 1; (2) The prohibitions against discrimination on the basis of age Under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)1 3) the requirements of Executive Order 11246 and the regulations Issued under the Order at 41 CPR Chapter 60 ("Equal September Opportunity'); and (4) The requirammts of Section 3 of the Housing and Urban Development Act of 1968, 12 O.S.C. 170lu (employment opportunities for lower in oma persons is cnuectim with assisted projects); and (5) She mquirementaof Executive Orders 11625 and 12432 (concerning the national policy for ESGP/GrantAgreement 022288 Page 3 of 5 - Minority Business Enterprise Policy"). Consistent with NOR 'a responsibilities under theme Orders, the Recipient must make efforts to encourage the use of minority and woman's business enterprises in connection With activities riving grant funds. b) Recipient ahall ensure that adequate procedures are used to make know the availability of a of the facility and services to all persons on a nondiscriminatory basis, including to all persons of Any particular race, color, religion xor national origin. Recipient agre s to require that such procedures are documented by Shelter Operator 1£ requested. c) Use of grant funds will comply with the policies. guidelines and requirements of OMB Circulars A-87 and A-102, as they relate to the acceptance and a of emergency shelter grant amounts by Recipient, and A-110 and A-122 as they relate to ceptance and use of emergency shelter grant amounts by Shelter Operator. d) Use of grant funds for major rehabilitation or conversion of a building (i.e., improvements orconversion exceeding 75% of building's pre-rehabilitationvalue) will comply with Uniform Federal Accessibility Standards at 24 CPR Part 40, Appendix A. a) Use of grant funds for Any rehabilitation will comply with the requirements of the Lead -Based Paint Poisoning Prevention Act (42 USC 4821-4846) and implementing regulations at 24 CFR Part 35. f) With respect to use of grant fonds. no person who is an employee, agent. consultant, officer, or elected o appointed official of the Recipient or Shelter Operator that receives emergency shelter grant amounts and who exercises orhas exercised any functions or responsibilities With aspect to assisted activities or who is in a position to participate i a decision-makingprocess or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, r have n interest in any, contract. subcontract o agreement with respectthereto. or the proceeds thereunder. eitherforhim r herself or those with whom he or she has family or business ties, daring his or her tenure or for one year thereafter. A) No a dabarred, - uspeuded, o -ineligible contractors, Pursuant to 24 CPR Part 4, will be used In ESGP projects. h) No rehabilitation will be performed on any building located in an area that has been identified by the Federal Management Agency (FEMA) as having special flood hazards unless flood insurance is in place. f) me Recipient has a fioanclal.mnagement system that province for audits in accordance with 24 CFR Part 44. ESGP/Gradtlgreement 022288 Page 4 of 5 9. The Recipient hereby agrees to report to NSHA regarding the use Of ESGP grant funds. including information on amounts spent and items Of expense from time to time as requested by MSHA. 30. This agreement isentered into effective February 23, 1988. MAINE STATE HOUSING AUTHORITY Witness By: 14"fLy )AU/Ltk Q tligVetn N. Mitchell Its Director /I \ RECIpIENT City of Bangor 4lcneae:_i Ry. CFief rocecurive P0RM52/ESGP/GrantAgree ESGP/GrantAgreement 022288 Page 5 of 5 Thomas E. Small Printed Now Interim City Manager Title GRANT AGRE&IEMf Emergency Shelter Grants Program 1. This Grant Agreement is made by and between the Maine State Housing Authority (hereinafter referred to as "MHA"), and City of "Bangor. (hereinafter referred to a "Recipient") 1n connection with the Emergency Shelter Grants Program ("ESGP"). 2. The Grant which is the subject of this Agreement is authorized by Subtitle E of Title IV of the Stewart B. McKinney Homeless Assistance Act, Public lav 100-37, approved duly 22, 1987. The Grant is also subject to the United States Department of Housing and Urban Development's ("NO") regulations at 24 CPB Part 575. as new in effect and as may be amended from time to time. the Notice on the 1987 ESGP and the HSHA Emergency Shelter Grants Program Guide, which are incorporated as part of this Agreement. 3. MHA hereby allocates Pour Thousand Forty -Eight and no/100 Dollars ($4048.00) in grant foods to Recipient for suballocatlon to Diocesan Human Relations Services. inc., (hereinafter referred to as "Shelter operator") for the following approved expenses: Priority. if any Expense Iran Contract Required N/A Emergency Poster Care Reimbursements 4. Recipient agrees to suballpcate all grants funds allocated under Paragraph 3 of this Agreement as follows: a. Recipient shall enter into a suballocatlon agreement with Shelter Operator by an later than 30 days from the effective date of this Agreement. The suballocatlon agreement shall be subject to prior review and approval by MSHA. If Recipient fails to enter into the suballocatlon agreement with Shelter Operator as approved by OSHA within the 30 day period. HSHA any require that some or all of the grant --aunt be forfeited. b. Except as described below, as of grant food- is limited to those items as enumerated InParagraph 3 of this Agreement. C. If there are funds remaining after all approved items have been completely funded. MSHA may authorize the use of the remaining roods. Recipient shall submit to MSHAa proposal ESGP/GrantAgreement 022288 Page l of 5 for utilizing the remaining funds, along with any reasonable documentation as MSW may require. MM shall review the Proposal for compliance with RW regulations and for reasonableness. Any such proposed expenditures may be approved only In writing by MSW to Recipient and Shelter Operator. d. if priority numbers are Indicated in Paragraph 3 above. such expenses shall be funded In the order of priority shown. Any items to be performed by flcontractor shall be performed Only under contracts which have been approved by MSW. e. Written contracts shall be required for those Stems a are srated in Paragraph 3 of this Agreement. Such contracts ubject t0 the prior approval in writing by MSW. My subsequent changes in either the price or the scope of such contracts shall be made by written change order and shall be subject to the prior written approval of MSRA. I. Recipient shall require that Shelter Operator make all reasonable, good faith efforts to expand all approved funds on or before December 31, 1988. My am unts not expanded by Shelter Operator on or before December 31, 1988 may be recovered ft= Recipient by MSW after that date. 5. After execution the suballocafdon agreement with Shelter Operator as required in Paragraph 4. Recipient may drawdown the grant foods by submitting written requests to MHA as described below: a. Recipient shall require that Shelter Operator submit written funds requests with evidence of costs Incurred or dark completed to Recipient for approval. b. Fund requests shall identify Shelter Operator. amount of funds requested, how such funds are going to be spent, the timeframe for expenditures, and such other information a may be reasonably required. These written requests shall be accompanied by documentation of expenses, each asreceipts, invoices, o cost estimates. In the c of any funds being awarded to perform improvements to a building, evidence of completion of work to be funded shall also accompany the written request for funds. c. Recipient shall revise fund requests for compliance with ESGP requirements and Agreements. d. Recipient shall forward fund requests to MSW with its authorized signature indicating approval. e. MSW will distribute the grant funds to Recipient within tm (10) days of receipt of the written request. I. Thereafter, Recipient shall distribute the funds to Shelter Operator within too (10) days of receipt from MSW. ESGP/Grantagreement D22288 Page 2 of 5 6. Recipient agrees to monitor the expenditure of all grant funds by Shelter Operator In order to ensure that the funds are expended for the purposes and expenses set forth in paragraph 3 within 30 days of distribution of the funds by Recipient to Shelter Operator unless otherwise approved by HSHA. Recipient shall certify all expenditures to HSHA within 30 days of expenditure. Such certification shall include written documentation of coats such as receipts and such other information as MEA may reasonably require. If Recipient fails to ensure that the funds are expanded for the purposes and expenses approved by HSHA, or tae a the expenditure of the funds by Shelter Operator within the 30 day period following the distribution, or to certify expenditures within 30 days following expenditure. HSHA may require that Recipient reimburse HSHA for some or all of the grant funds. I. In the case of any funds being awarded to perform renovations or to. pay for maintenance, operation, insurance. utilities, o furnishings in connection with a building. the Recipient hereby certifies to WHA that it will ensure to VSHA's satisfaction that the building will remain in a shelter for not less than three years. In the c of anyefunds being used to perform major rehabilitation (rehabilitation that involves costs In excess of 75% of the pre -rehabilitation value of the building), or conversion (change In use of a building where the.cost of conversion and soy rehabilitation exceeds 752 of the pre -rehabilitation value of the building), of a building, the Recipient hereby certifies to HSHA that the building will remain In use as a shelter for not lees than ten years. The three and ten year periods of this Paragraph begin to run (1) in the case e of a w shelter, on the date of initial occupancy, and (2) in the case of as existing shelter. on the date that grant amounts are first obligated to the shelter. B. Recipient also hereby certifies to HSHA as follows Use of grant funds will comply with non-discrimination and equal opportunity laws including: (1) the requirements of Title VIII of the Civil eights Act of 1968, 42 O.S.C. 3601-19 add implementing regulations; Executive Order 11063 and implementing regulations at 24 PER Part lo] and Title VI of the Civil Rights Act of 1964 (42 O.S.C. 2002d-1) and implementing regulations issued at CER Part 1; (2) The prohibitions against discrimination on the basis of age =der the Age Discrimination Act of 1975 (42 U.S.C. 6101-0I) and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. )94); 3) the vequdnenevcs of Executive Order 11246 and the regulations issued under the Order at 41 CPR Chapter 60. ("Equal Employment Opportunity"); and (4) The requirements of Section 3 of the Housing add Orb= Development Act of 1968, 12 U.S.C.. 1703u (employment opportunities for lower iv oma persons in connection with assisted projects); and (5) The requirements of Executive Orders 11625 and 12432 (concerning the national policy for ESGP/Gnadtagreement 022288 _ Page 3 of 5 Minority Business Enterprise Policy"). Consistent with WIN) 16 responsibilities under these Orders, the Recipient must make efforts to encourage the use of minority and ces business enterprises in connection with activities receiving grant funds. b) Recipient shall severe that adequate procedures a used to make known the availability of a of the facility and services to all persona onnondiscriminatory basis, including to all persons of any particular race, color. religion, sea or national origin. Recipient agrees to require that such procedures are doe saw need, by Shelter. Operator if requested. C) Use of grant funds will comply with the policies, guidelines_..._ and requirements of OUR Circulars A-87 and A-102, as in" relate to the acceptance and use Of emergency shelter grant ante by Recipient, and A-110 aid A-122 as they relate to amounts and use of emergency shelter grant amounts by Shelter Operator. d) Use of grant funds for =jet rehabilitation or conversion of a building (i.e., improvements orconversion exceeding 75% of building's pre-rehabilitationvalue)will comply with Uniform Federal Accessibility Standards at 24 CPR Part 40, Appendix A. e) Use of grant foods for any rehabilitation will comply with the requirements of the Lead -Based Pain Poisoning Prevention Act (42 USC 4821-4846) and implementing regulations at 24 CPR Part 35. f) With respect to use of grant funds, no person who is an _ employee, agent, consultant, officer. or elected o appointed official of the Recipient or Shelter Operator that receives emergency shelter grant amounts and who exercises r baased any function responsibilities with respectto assisted activities or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or fl macial interest or benefit £tam the activity, r have an interest in any contract, subcontract o agreement with respect thereto, or the proceeds thereunder, either for him or herself or those with Mom he or she has family or business ties, during his or her tenure or for one year thereafter. g) No HIM -debarred, -suspended, o -ineligible contractors, Pursuant to 24 CFO Part 4, will be used in ESGP projects. h) No rehabilitation will be performed on any building located _ in an area that hes been identified by the Federal Management Agency (PEWA) as having special flood hazards unless flood insurance is in place. i) MeRecipienthas a financial management system that - - provides for audits in accordance with 24 CR Part 44. ESGP/CrantAgreeme or 022288 Page 4 of 5 9. The Recipient hereby agrees to report to MSBA regarding the use of EGGS grant funds, including information on amounts spent and Stems of expense from time to time as requested by Hsu. 10. This agreement Is entered into effective February 23, 1988. MAINE STATE HOUSING AUTHORITYY Witness By:h NAL Its nLNC( 11z 4e. Mitchell Director HECTPIENT City of Bangor Witness By Gh1ef executive FORNS2/EGGP/GrantAgree ESGP/Grantagreemeoc 022288 Page 5 of 5 ..- Thomas E. Small Printed Nass Interim City. Manager Title