Approved Agreements and Contracts Extension of the CDBG Program Administration Agreement between Norton Shores and City for fiscal year 2021 11-23-21

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                      Agenda Item Review Form
                                                    us                              GO
                           Muskegon City Commission

Commission Meeting Date:                          Title: Extension of the CDBG Program
November 23, 2021                                 Administration Agreement between Norton Shores
                                                  and City of Muskegon for fiscal year 2021

Submitted By: Oneata Bailey                       Department: CNS

Brief Summary: To approve a 1 year extension of the 2019 - 2020 CDBG Program Administration Agreement between
Norton Shores and City of Muskegon to cover July1, 2021 through June 30,2022.

Detailed Summary: Norton Shores is requesting a 1 year extension of the 2 year- CDBG
Programs Administrative Agreement between Norton Shores and the City of Muskegon. (See

Amount Requested:                                      Amount Budgeted:

Fund(s) or Account(s):                                  Fund(s) or Account(s):

Recommended Motion: To approve a 1 year extension of the CDBG Program Administration
Agreement between Norton Shores and City of Muskegon from Julyl, 2021-June 30, 2022

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Fire Dept.     D
IT Dept.   0

For City Clerk Use Only:
Commission Action:
                                 CDBG Program Administration Agreement
                                                Between the
                                           City of Norton Shores
                                              City of Muskegon

An agreement made and entered into this        12th       day of June         2019, by and between the
City of Muskegon; a Michigan municipal corporation ("Muskegon"), and the City of Norton Shores, a
Michigan municipal corporation ("Norton Shores"), with reference to the following facts;


        Norton Shores desires that Muskegon assume responsibilities for the administration of the
Norton Shores' Community Development and Block Grant ("CDBG"} Program.

       Therefore, the parties agree as follows:

        1.   Administration of CDBG Program. Muskegon agrees to assume responsibility for the
             preparation and submission of the following CDBG documents on behalf of Norton Shores:
                 a.   Federal Application 424, narratives, project tables, certifications, Environmental
                      Summary, Combined Notice of no Significant Findings and Intent to Release Funds.
                 b.   Five Year Consolidated Plan, Annual Plans, Consolidated Annual Performance and
                      Evaluation Report, publish hearing notice narratives, reports including performance
                      measures criteria (using CPMP format).
                 c.   Semi-Annual Labor Standard Enforcement Report (form 4710).
                 d.   Contract and Subcontract Activity Report (form 2516).
                 e.   Prepare CDBG liens for projects, in accordance with HUD guidelines and regulations,
                      as well as any other applicable Norton Shores requirements.
                 f.   IDIS reporting will be done by the City of Muskegon. Norton Shores will continue to
                      do its own draw-downs.
                 g.   Compliance with NEPA and Part 58, and the Environmental Certifications
                      compliance included in HUD Form 7015.15.

        Muskegon shall provide a copy of the above reports to Norton Shores upon completion.
Norton Shores will continue to publish its own public notices and record their liens with the County.

        2.   Terms of CDBG Fund Payments. Muskegon shall submit payment request for release of
             CDBG funds to Norton Shores' Finance Department, and Norton Shores shall remit payment
             within 10 days of a payment request by Muskegon.
        3.   Administration Fee. Norton Shores shall pay Muskegon the maximum CDBG allowable costs
             minus $1,000 (for legal work, etc.) per program year for administration of CDBG program,
             but not less than $22,000. Payment shall be made by way of quarterly payments beginning
             on July 1, 2019.
       4.   Terms of the Contract. The parties agree that this contract shall be effective July 1, 2019
            through June 30, 2021. In addition, either party may terminate this Agreement at any time,
            and for any reason, upon 45 days written notice to the other party. Upon termination of the
            contract, Muskegon shall owe Norton Shores a pro rata return of the unearned
            Administration Fee paid to date.
       5.   Building Inspection. Norton Shores' Building Inspection Department will perform all
            inspections for CDBG projects and submit the inspection reports to Muskegon for inclusion
            in the relevant project file.
       6. Purchasing Guidelines. Muskegon and Norton Shores agree to evaluate the current CDBG
            program purchasing guidelines used by Norton Shores and establish a written quotation and
            sealed project bid system acceptable to both parties.
       7. General Provision.
             a. Non-Waiver. No waiver by any party of any provision of this Agreement shall
                     constitute a waiver by such party of such provision on any other occasion or a
                     waiver by such party of any other provision of this Agreement.
                b.   Severability. Should any provision of this Agreement be determined to be invalid,
                     unlawful, or unenforceable in any respect, the validity, legality, and enforceability of
                     the remaining provisions shall not in any way be impaired or affected.
                c.   Assignment or Delegation. Neither party may assign all or any portion of Its rights
                     and obligations in this Agreement without the express prior written approval of the
                     other party which approval may be withheld for any reason.

City of Muskegon                                          City of Norton Shores

                                                          Gary Nelu/ci, Mayor

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Ann(l"Marie Meisch, City Clerk                            Shelly Stibitz, C~rk .

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