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HomeMy WebLinkAbout99- MT Community Development Block Grant Program; Technical Assistance Funds for SBDC Activities Montana Department of Commerce FROM: Cristina Boyle, Executive Director Gallatin Development Corporation ;1 222 East Main, Suite 102 j , Bozeman, MT 59715 LJ ~ ~ Ann Desch, Program Manager Community Development Block Grant (CDBG) f)..r Economic Development (ED) ff Ralph Kloser, State SBDC Director TO: RE: CDBG Technical Assistance Funds for SBDC Activities DATE: January 12, 2000 Attached are the documents needed to distribute Community Development Block Grant (CDBG) technical assistance funds to individual SBDC Host Agencies. Each SBDC Host Agency will receive $5,000 in Community Development Block Grant funds from the Department of Commerce Economic Development Division for technical assistance and rural outreach activities. This is to be used as matching funds to the State SBDC dollars distributed to the network ofSBDC's. The Office of Small Business Development Centers has concluded that CDBG funds may be used to match SBDC grants where the SBDC activities are consistent with the authorized CDBG activities for which the funds were granted and the CDBG activities are identified in the agreement between the CDBG grantee and the subrecipient of the funds. Management and technical assistance services provided to small businesses under the SBDC program may qualify for CDBG assistance under a variety of eligibility categories: I. Microenterprise Assistance - 24 CFR 570.201 (0) or Section 105(a)(22). 2. Special Economic Development Activities - 24 CFR 570.203(b) or Section 105 (a)( 17) 3. Special Activities by Community-based development organizations - 24CFR 570.204 or Section 1 05(a)( 15). Under State CDBO regulations, applicants for funding are required to be units of general-purpose local governments, Le., cities or counties. This means that the SBDC Host Agency must have a city or county sign the contract and the request for funds from DOC. Funding requests are made by and received through the local government. This means that the CDBG funds will be sent to the County Treasurer or City Clerk. The local government then distributes the funds to the SBDC Host Agency. Attached is the signed CDBG Grant Contract between the Department of Commerce Community Development Block Grant Program and the local government applicant which needs to sponsor the SBDC Host Agency. Please call Cassey Rudio at 444-1759 with these additions or any revisions that need to be made to the contract. Funds cannot be requested from DOC until the contract is signed. Also attached is the form for requesting the CDBG funds from DOC. Please fill out the blanks, sign, and return to Ann Desch, CDBG ED Program, 1424 Ninth A venue, Helena, Montana. If you have any questions, please call Ann Desch at 444-0560 or David Davidson at 444-6902. 1 1424 9th Avenue' PO Box 200505 . Helena, MT 59620-0505 . PH: 406-444-4780 . FX: 406-444-1872 .J')~l 'I ~flnl.l" HI=(JUt:ti I t-UH FUNDti CDBG ED TECHNICAL ASSISTANCE GRANT #MT .CDBG-ED-SBDC- T A-99-09 Local Government Applicant Address: City of Bozeman 1i l Ead- Y"V\~ ~. ~,MI o41\~ Name of Host Agency Gallatin Development Corporation Address: 222 East Main, Suite 102 Bozeman, MT 59715 CDBG Funds Requested: $5,000 Date: I/'~ / tro I l * * * * * * * * * * * I certify that this CDBG funding is being used for technical assistance and counseling activities in the Host Agency's region which may result in potential applicants for CDSG funding. This is documented as item #901 on the performance reports provided quarterly by the Host Agency to the State SBDC. This project funding is eligible as a planning and administrative activity under Section 1 05(a)(l2)(B) and 13(B). Under 570.483(f) CDBO funds expended for eligible planning and administrative costs by units of local government in conjunction with other COBG assisted activities will be considered to address the national objectives. I certify that all contractual requirements have been met according to the CDBG Grant Contract between the State and the County on behalf of the Host Agency. I certify that when requesting CDBO funds, the Host Agency will be paid in advance, rather than on a reimbursement basis, if the time elapsing between the transfer of funds from the local government and the disbursement to the Host Agency can be minimized. The local government applicant, or a nonprofit community development corporation on its behalf, is currently administerin~ a COBO project AYes _No Host Agency Director's Signature: Date:~ Date: /- /6~O() Local Government Official Signatur DOC CDBO ED Program Officer: Date Approved: S~nd Request to: Cassey Rudio, CDBO ED Program Assistant Department of Commerce 1424 9th Avenue Helena MT 59620-0505 The CDBG funds will be sent to the County Treasurer or City Clerk. The local government then distributes the funds to the SBDC. 1 t<~ "" I, COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT CONTRACT #MT -CDBG-ED-SBDC-T A-99-02 This Contract is entered into by the City of Bozeman, Montana, on behalf of the Gallatin Development Corporation and Bozeman Regional Small Business Development Center, known as the Host Agency, herein referred to as "the Grantee," and the State of Montana, Department of Commerce, Community Development Block Grant Program, Helena, Montana, herein referred to as "the Department." WITNESSETH THAT the Grantee and the Department mutually agree as follows: 1. PURPOSE The purpose of this Contract is to provide funding for technical assistance activities approved by the Department under the Montana Community Development Block Grant Program (CDBG) for FY 1999. 2. ACCEPTANCE OF CDBG PROGRAM REQUIREMENT The Grantee will comply with all applicable parts of Title I of the Housing and Community Development Act of 1974, as amended; the applicable U.S. Department of Housing and Urban Development (HUD) regulations in 24 CFR Part 570, as now in effect or as they may be amended during the term of the Contract; all requirements established by the Department; applicable state and federal laws, regulations, administrative directives and procedures; and local ordinances and resolutions. The Grantee expressly agrees to repay to the Department any funds advanced to the Grantee under this Contract which the Grantee, its subcontractors or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract, expends in violation of the terms of this Contract or the federal statutes and regulations governing the CDSG Program. 3. EFFECTIVE DATE AND TIME OF PERFORMANCE This Contract takes effect immediately and will terminate upon the final project closeout by the Department. The activities to be performed by the Grantee will be completed no later than March 31, 2000. 4. SCOPE OF ACTIVITIES The Grantee will engage in technical assistance activities as set forth in the Contract between the State of Montana Department of Commerce Small Business Development Center (SSDC) and the above-referenced Host Agency that provides assistance to Montana businesses in Gallatin, Meagher, and Park counties. L:\SBDC\contracts \CDBG\CDBG-Bo~eman .doc Page 1 of 5 /' . ~ 5. BUDGET The total amount to be awarded to the Grantee under this Contract will not exceed $5,000. 6. AMOUNT OF GRANT AND METHOD OF PAYMENT The Department will authorize the Grantee to draw up to $5,000 against the funding reserved for it by the Department. This may be drawn in one lump sum for technical assistance activities provided by the entity as referenced in the current contract between the Gallatin Development Corporation and Bozeman Regional Small Business Development Center and the Montana Department of Commerce. In drawing against the reserved amount, the Grantee will follow the instructions supplied by the Department. If the Department determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract, the Department may revoke the Grantee's authority to draw against the reservation described herein until such time as the Department and the Grantee agree on a plan to remedy that deficiency. The Department of Commerce reserves the right to withdraw a commitment for any CDBG funds which remain unobligated by March 31,2000. 7. LIAISON Ann Desch, CDBG ED Program Manager, is the Department's liaison with the Grantee. Cristina Boyle, Executive Director, Gallatin Development Corporation and Bozeman Regional Small Business Development Center, is the Grantee's liaison with the Department. 8. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by any contractor or subcontractor pursuant to this Contract are to be the property of the Grantee and the Department, which have exclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto. No material produced in whole or part under this Contract shall be subject to copyright or patent in the United States or in any other country without the prior written permission of the Grantee and the Department. 9. ACCESS TO RECORDS The Grantee will maintain reasonable records of its performance under this Contract and will allow access to these records at any time during normal business hours by the Department, the U.S. Department of Housing and Urban Development, the Comptroller General and, when required by law, the Montana Legislative Auditor and Legislative Analyst. These records will be kept in the Grantee's offices in Bozeman, Montana, and the Host Agency's office. L:\SBDC\contracts\CDBG\C DBG-Bozeman .doc Page 2 of 5 (' 10. PERFORMANCE REPORTING The Grantee will submit status reports regarding technical assistance on project performance at the request of, and in the format prescribed by, the Department of Commerce. The Grantee will monitor the Grantee's operations to ensure compliance with CDBG requirements during the term of the project. The Grantee will provide quarterly performance reports to the State SBDC Director which document technical assistance and counseling activities in the Host Agency's region, which may result in potential funding applications to the DOC CDBG ED Program. 11. AVOIDANCE OF CONFLICT OF INTEREST The Grantee will comply with the provisions of 24 CFR 570.611 and with Sections 2-2125, 2-2-201,7-3-4367,7-5-2106, and 7-5-4109, MCA, (as applicable) regarding the avoidance of conflict of interest. 12. ARTICLES INCORPORATED BY REFERENCE The Grantee's full application for CDBG grant assistance, the applicable HUD regulations at 24 CFR Part 570, and Title I of the Housing and Community Development Act of 1974, as now in effect or as they may be amended during the term of this Contract, are incorporated in this Contract by this reference and are binding upon the Grantee. 13. MODIFICATION AND ASSIGNABILITY OF CONTRACT This Contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in or authorized by this written Contract, are valid or binding. This Contract may not be enlarged, modified, or altered except upon written agreement, and does not imply any continuing commitment by the State of Montana beyond the termination date noted herein. The Grantee accepts responsibility for adherence to the terms of this Contract by subcontractor or subrecipient entities and by public or private agents or agencies to which it delegates authority to carry out portions hereof. 14. NONDISCRIMINATION In carrying out its responsibilities under this Contract, the Grantee will base all hiring on merit and qualifications and will not discriminate against individuals on the basis of race, color, religion, creed, political ideas, sex, marital status, physical or mental disability, or national origin. In addition, the Grantee agrees that all contracts the Grantee enters into for the completion of the activities under this Contract, will contain a provision requiring contractors to comply with the terms of this provision. 15. CONSTRUCTION AND VENUE This Contract will be construed under and governed by the laws of the State of Montana. L:\SBDC\contracts\CDBG\CDBG-Bozeman .doc Page 3 of 5 tl . '" The Department and Grantee agree that performance of this Contract is in the City of Helena, State of Montana, and that in the event of litigation concerning it, venue is in the District Court of the First Judicial District in and for the County of Lewis and Clark, State of Montana. 16. INDEMNIFICATION a) The Grantee waives any and all claims and recourse against the Department and the State of Montana, including the right of contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Grantee's or any subrecipient's performance of this Contract. b) Further, the Grantee will indemnify, hold harmless, and defend the Department and the State of Montana against any and all claims, demands, damages, costs, expenses, or liability arising out of the Grantee's or subrecipient's performance of this Contract. In the event the Department or the State of Montana is named as a co- defendant in any action relating to activities to be performed by the Grantees or subrecipients under this Contract, the Grantee will notify the Department of such fact and will represent the Department in such legal action unless the Department undertakes to represent itself as a co-defendant in such legal action, in which case the Department will bear its own litigation costs, expenses, and attorneys' fees. 17. TERMINATION OF CONTRACT This contract may be terminated as follows: a) Termination Due to Loss of Funding. This Contract will terminate in whole or in part, at the discretion of the Department, in the event that the Department suffers a loss of funding or termination of the federal grant which permits it to fund the Grantee in whole or in part so that it is unable to make payment to the Grantee. In this event, the Department will give the Grantee written notice setting forth the effective date of full or partial termination or, if a change in funding is required, setting forth the change in funding and changes in the approved budget. b) Termination Due to Noncompliance with Contract Terms. If the Department determines that the Grantee has failed to comply with the general terms and conditions of this Contract, the project schedule or any special conditions, and if, upon notification of the defect, the Grantee does not remedy the deficiency within a reasonable period of time to be specified in the notice, the Department may terminate this Contract in whole or in part at any time before the date of completion. The Department will promptly notify the Grantee in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination. c) Termination Due to Adverse Environmental Impact. This Contract will terminate at the conclusion of the environmental review process if the Grantee or the Department determines that the project would have a significant adverse impact on the quality of the human environment and that this impact cannot be avoided or sufficiently mitigated by reasonable means. d) Effect of Termination. In the event of termination, due to the Grantee's failure to L:\SBDC\contracts\CDBG\CDBG-Bozeman .doc Page 4 of 5 comply with the terms of this Contract terms, or the project's adverse environmental impact, any costs incurred will be the responsibility of the Grantee. However, at its discretion, the Department may approve requests by the Grantee for reimbursement of expenses incurred. The Department's decision to authorize payment of any costs incurred or to recover expended CDBG funds -will be based upon a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with the terms of this contract and whether the failure to comply was the result of conditions beyond the control of the Grantee. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed. City of Bozeman Department of Commerce .---. \ Clark V. Johnson, City Manager (9..( \ ~ I Q'1 Date I'L - Z-' -"'1~ Date Gallatin Development Corporation & Bo eman Regional S II Business Development Center 1111~(l) Date I l:\SBDC\contracts \CDBG\CDBG-Bozeman .doc Page 5 of 5 , .... _ .,,, "I,....,),.___~.,................~f...._r".