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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
Attached)
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
Check if the following Departments need to approve the item first:
Police Dept. D
Fire Dept. D
IT Dept. 0
For City Clerk Use Only:
Commission Action:
CDBG Program Administration Agreement
Between the
City of Norton Shores
And
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;
Background
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
By-sP/~/
Gary Nelu/ci, Mayor
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By~ ' 1 ) t y ~ ~ \ 0 - ~~ \ By o}uY:t 'i9tbJ:y
Ann(l"Marie Meisch, City Clerk Shelly Stibitz, C~rk .