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HomeMy WebLinkAbout216-91 RESOLUTION1 • RESOLUTION NO. 216-91 A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND YOUTH BRIDGE, INC. FOR AN ALLOCATION FROM THE 1991 COMMUNITY DEVELOPMENT BLOCK GRANT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYErTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an amendment to the agreement between the city and Youth Bridge, Inc. for an allocation from the 1991 Community Development Block Grant in the amount of $30,000. A copy of the amendment to the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 3rd day of December , 1991. APPROVED: By, ATTEST: By Mayo • AMENDMENT "A" • 1 This amends the Agreement executed on September 4, 1990 between the City of Fayetteville (City) and Youth Bridge, Inc. (Grantee), to wit: The City shall provide the Grantee an additional loan in the amount of Thirty Thousand and 00/100 dollars ($30,000). All other terms and conditions of the original Agreement are unchanged. RESOLUTION NO. 113=40— A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND YOUTH BRIDGN, FOR DISBURSEMENT OF FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT. WHEREAS, the Board of Directors approved a $65,000 grant to Youth Bridge in the 1989 Community Development Block Grant, and WHEREAS, Youth Bridge, Inc. shall be the owners the facility to be built and will be responsible for maintenance and insurance on the facility which is not eligible for Community Development Block Grant funding BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETPEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Youth Bridge, Inc. for disbursement of funds from the Community Development Block Grant funding for construction of a facility for runaway and/or homeless adolescents. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this gth day of Septamhar , 1990. APPROVED:� By: C//G'(rne/� tare,- Mayor ATTEST: By: AGREEMENT THIS AGREEMENT executed this arh day of SaprPmhar , 19 90 between the City of Fayetteville, hereinafter called the City and Youth Bridge, Inc. hereinafter called Grantee. In consideration of the mutual covenants contained herein, the parties agree as follows: The City shall provide the Grantee a loan at 0% interest from the Community Development Block Grant (CDBG) awarded the City by the U.S. Department of Housing and Urban Development. The loan shall be in the amount of Sixty five thousand and 00.100 dollars ($65,000.00 ). The funds shall be used to construct a shelter for adolescents (ages 12 to 17) who are homeless, have run away or are in a time of crisis. The shelter will located at: Grantee certifies that it is a non-profit entity and is eligible to receive the loan and that the loan proceeds will be used only for the work and materials necessary for the purposes described herein. If the City determines that the loan proceeds will not or cannot be used for the purposes described, Grantee agrees that the proceeds shall be returned forthwith in full to the City and further acknowledges that, with respect to such proceeds so returned, will have no further interest, right, or claim. CONDITIONS OF LOAN The City will monitor the performance of Grantee under this Agreement and, if Grantee is found to be in compliance with the terms and conditions, Grantee will receive a credit of Ten (10) per cent per year for Ten [10) years. At the end of the tenth year the City will transfer any interest in the structure to Grantee. GENERAL PROVISIONS The Grantee agrees to occupy and use said structure in a manner consistent with the requirements of 24 CFR Part 570 of the Housing and Community Development Act of 1974 and to comply with the terms and conditions of this agreement and all local, State and Federal laws governing such use. The Grantee further agrees to: 1. Provide emergency shelter care and services described in the Youth Bridge, Inc. Emergency Shelter Services statement (see attachment 1). 2. Submit quarterly reports to the City's Community Development r. office specifying race, gender, age etc.). Reporting full quarter of submitted 30 days • • number of clients housed in the Shelter and and referral source (i.e., agency, courts, will begin 30 days after the end of first occupancy; thereafter reports will be after the end of each quarter. 3. Provide to the City and the Department of Housing and Urban Development (HUD) complete access to Grantee's records for the purpose of inspection during reasonable hours. The City and HUD shall have the right to copy said records. 4 Maintain the structure and electrical, plumbing, and air good condition and repair at facilities, including heating, conditioning equipment, in all times. 5. Carry fire, flood, and extended coverage insurance on the structure, improvements thereon and contents throughout the term of this agreement. A copy of this policy(ies) will be placed on file with Fayetteville City Clerk. 6. Carry out each activity in compliance with all Federal laws and regulations described in Subpart K of the Housing and Community Development Act of 1974 (attached to and made a part of this agreement), except that: 1. The Grantee does not assume the City's environmental review responsibilities; 2. The Grantee does not assume the City's responsibility for initiating the review process under Executive Order 12372. 7. Undertake construction of the facility in accordance with Attachment 0 of OMB Circular A-102, "Standards Governing State and Local Grantee Procurement." During construction, the City will monitor compliance of contractor(s) or subcontractor(s) with Federal Labor Standards, Davis -Bacon Act (as amended) and Contract Work Hours and Safety Standards Act. SUSPEINSION AND TERMINATION In accordance with 24 CFR 85.43, in the event Grantee sells the structure or otherwise materially changes the use as described herein, or fails to abide by the terms and conditions of this agreement, Grantee agrees that the loan made hereby shall automatically be revoked; that Grantee shall immediately repay said loan to the City less any credit accrued by Grantee of the total loan for each year the Grantee has occupied and used the aforesaid structure prior to any sale or change of use of said structure. • • OTHER PROVISIONS By executing this agreement, the City does not waive its statutory tort immunity under Arkansas Code Ann. Section 21-9-301 (1987). The United States shall be deemed to be a beneficiary of these provisions both for and in its own right and also for the purpose of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit these provisions have been provided and shall have the right, in the event of any breach of these provisions, to maintain any actions or suits at law or in equity or any other property proceedings to enforce this Agreement. WI WI Cit Clerk CITYOF FAYE TEVILLE Mayor YOUTH BRIDGE, INC. • • ATTACHMENT 1 ME-GENC" =HE:7c7: Policy:• You7h ar:dge provides emergency shelter :ark youth ages -.- t i who have run away, are homeless, or :n a time of _.iSis. Purpose: The purpose of the shelter is to provide a safe environment for youth who are in a time of crisis. Additionally, the program offers service designed to achieve adequate reintegration of the family unit or plan a stable alternate living arrangement. Philosophy: It youth and their homeless youth s to youth and his families in gain resolution. is the philosophy of the program that relationships between families can be strengthened in order to prevent runaway and ituations. By providing as complete a continuum of services /her family as possible, the agency 'lopes to assist troublec ing access to resources available to assist them with proble Emergency Shelter Program A. Locatio=n and Accessibility The emergency shelter is centrally located at 720 Stone Street in Fayetteville, Arkansas, County Seat of Washington County. It is easily accessible to schools, recreational facilities, libraries, shopping, anc other needed resources. The primary service area of the shelter is Washington, Madison, Benton, Carroll and Boone Counties, however, services will be provided to any youth deemed in need of shelter services. B. Hours Twenty-four hour access is provided for admission or contact with the shelter. Constant contact is maintained with referral agencies to assur that they have a clear understanding of how to reach the shelter when placewment is needed. - �. b - —777777- ---- El_y. ti;ty-rquirements _ - Males and females 12 through 17 years of age who are runaways or homeles due to family or personal crisis are eligible. The shelter can also provide a time-out period for a youth during a family crisis if it is deemed beneficial to provide crisis intervention and thereby strengthen the family unit to prevent long-term or permanent expulsion from the home. Length of stay varies from hours to a maximum of thirty days. The shelter reserves the right to determine the appropriateness of a referral by assessing the individual situation. of the client referred. Those who are considered inappropriate for admission to the shelter include: Any youth who may require inpatient medical care or observation around the clock Any youth who is presently suicidal or exhibiting psychotic behavi' • • al iaragia .`'instwithi.. youth «ho has demonstrated a patty. - :f violent behavior and threat poses 3 I' to the safety of reSiden:s or staff. .eferral Procedure and Admissions ^.efarral'3 are accepted from '_v?nile courts, law enforcement nigen'.. _ ses, public and private youth ser -.ices providers, other community agencies, parents and relations. Self-rsfer`"als are also accepted. A staff member is available to take refe'r-al: cn _ 24 hour basis. Secause :f the non -secure nature :. "'c °.,r• ' ay and the emphasis Y•:uth:e places on voluntary client _ar`ic ir_t:cn, the youth should express a.+iliing^Hess to cooperate with the program. Parental consent or a court order must be obtained within 24 hours of admission to the shelter and this should be understood by the youth. Verbal cxnsent can be obtained 4it..n twenty-four(24)hours, but if the youth remains at `ha shelter, 'written consent :rust be obtained withi7! seventy-two (72) Sn_cra. ,ill attempts to contact parents should be documented. Upon receiving a referral, the staff member 'Jill ither accept the referral, deny it, or request additional information. The denial of admission for reasons other than no available openings or wrong age needs to be approved by the on-call worker. E. Intake Process The intake ;rocas of the shelter is available 24 hours a day. Sufficient information will be gathered to assure an adequate evaluation ,of the youth's circumstances and need for immediate and longer-term services. All new clients routinely participate in an intake interview which is historical and diagnostic in nature. ''artinent information gathersd during this interview is presented at the next treatment team staffing no later than 72 hours after admission. Special staffins may be necessary n, prier -to comply- with thi = _req-ui_` ect_._ r. --- Staffings Following the intake interview, the worker completes all paperwork and brings the collected information to the treatment team staffing. The intake worker presents pertinent information and make recommendations for consideration. The treatment team discusses the recommendations and they are recorded in the case record. These recommendations are discussed with the client and significant others. The client and the primary worker complete a service pian which i3 a list of goals and the steps necessary to achieve those goals. The service plan should be signed and dated by the client and worker. A review data and a time frame for achieving goals is designated on the service plan. Services may be provided directly by Youth Sridge or through referral to another agency. Team staffings are held 2 times weekly or more if needed. • • r=::rd fila and notes should relate directly to the service plan. LSf 3r.'7 __alldntatian am:." with _r r�cardi^g raflucts the person contacted and :he client is .:.ept in the :ase a summary of events. Progress H. Program The shelter's program is astabliihed and administered by the Program Director. The program is designed to assist clients and their families in problem solving skills and ameliorating the problems that brought them to the shelter. The shelter program includes the following services for ✓ esidents amd their families: an educational pr:gram, recreational activities, individual counseling, group sessions, family counseling, and casework services including referrals, assessment, and exploration and ✓ ecommendations for alternative living arrangements and/or treatment. The shelter program is designed to maintain a consistent ✓ outine 'or resident=_ wherein they can find security in expected of them and what they can expect of others. It the program to provide a safe, supportive and nurturing assist the residents in working through their crisis. St have daily responsibilities and share meals together in facilitate 3 family type atmosphere. The rules and expec shelter program as well as the daily schedule is posted available to clients. The clients are also made aware of expect from the Shelter staff. and orderly knowing what is is the intent of environment to aff and residents order to tations of the and made what they can I. Emergency Medical Care When a resident becomes ill or is involved in an accident and appears to be in need of emergency medical care, the llowing procedures will be followed: One houseparent staff on duty will contact the resident's physician to advise him of the situation and request recommendations for treatment. If the physician is unable to be reached, of if the resident -does nbrfiave a designated physician, -the houseparent will telephone Washington Regional Medical Center to advise them of the situation and that the resident will be coming for medical care. If the resident :cannot be moved or is suspected to have sustained internal injuries, an ambulance will be called to transport. If the client is in need of other medical attention on the scene, Emergency Medical Serv4res will be called. Otherwise, the houseparent can transport the resident to the emergency room at WRMC. The remaining houseparent on duty will make every attempt to telphone the resident's parent or guardian to notify them of the resident's situation. The houseparent will contact the on—call worker and inform him/her o f the emergency situation. The houseparent who accompanies the resident for medical care will ✓ emain with the resident and resident's family until the resident has been discharged or admitted to the hospital. The houseparent will make notation of the name of the attending physician and ✓ ecommendations for treatment and will report these to both the parents or guardians and the caseworker at the first opportunity. • • 'a fmcor.4=d ant.. in t'1- . -._an•; T}19 •=...aeru'rer r- � .,;'� i�? ,ae.rs• a%a c.y ng schedule 1 '_ f r=corded entries the _3idant': '1'r__a la pager i• u medication and appointments. J. Non -Emergency Medical Care Any time a `esidant becomes ill the parent :r 'guardian needs to be notified at .a reasonable hour of the physical symptoms or complaints. the housepar'ant feels the resident should dee a physician the on-call worker should be :on.su_`ad. If beth determine the need for a physician the parent needs t oe notified and consulted concerning the physician.. The parent or ;uardi'ar should transport the when possible. s. • K. Health Cards Residents should be routine'' taken to the local health department obtain a health card. If Administering Medications There are t'J:' forms to be used with med:Cat:on 9. One is for ?r_scr —'t' -:n drugs, the other for non-prescription. All the information must be completed on the forms. Each time a resident is given any type if medication, whether aspirin or cough medicine it MUST be recorded. Ali drugs and medications must be administered t•= the client by a responsible staff person in accordance with medical instructions. The medication should be taken in the workers presence. Any time a resident tomes .•• with any type of medication we must confirm nfirm * '-! parent o t or guardian,or with a physician that the medi:ati- shouldl`aadministered. Cterwiae, this medication should NOT be administered. If this confirmation cannot be obtained for some reason and the resident indicates a need for the medication, immediately confer with the cin -'-all worker. We must ales obtain written permission from the parent or 'guardian to administer the meditations. Thera is a specific form for this. Verbal permis_ion can be obtained if heard by two staff persons and then followed up by written permission. Upon discharge any medications belonging to the resident shall `:e given to the parent or guardian, NOT returned to the resident. All medications MUST be stored in a Locked cabinet. M. Personal Care Residents are encouraged and helped to maintain personal good grooming habits. Each youth is provided with his own necessary personal items including sufficient clothing for his/her exclusive use that is comfortable, appropriate for current weather conditions, and of such type as not to make him/her conspicuous in the community. The personal needs of the you are met in a non-discriminatory fashion. Each youth ehoulJ have .enou;h sleep for his age at rm.-tiler and .`easonab 3 hours and 'und-r condi `.i :'n=_conducive rest. The residential program 1ncorporat=o a rage __. s_ zyste•' that _^.pt•.a___a❑ .on3istent consequences !'lfl- certain behab_.:rs. .-..= a _..eon _s __early defined prior to the client's =ommitment to the pr:gram. The system emphasizes privileges and responsibilities as .elated values in development of resp'.,nsible attitudes. Childcare staff are encouraged to use short term consequences'and natural and logical consequences as often as possible. Corporal punishment is prohibited. :f a o'_iant were to become violent to prcp.rty or others, restraint may be :sed but only in those such cases. 0. Reporting Residents AWOL When a resident is suspe•_ted or ':mown to Ve ;cn5 AWOL ..:m the the following procedures will be used: 1. The worker on duty will immediately notify the parent or advise of the run and request they fila a pick 'up order. parent refuse the worker should file the :_c:, up order to protection of the child. :n the event the parent or guar be contacted the worker should file the order. • , guardian to Should a insure dian cannot Each time a youth goes AWOL from the shelter and we will not be filing the order we still need to make a vertal report to the local police department advising them. They shell_ be given the name and description of the youth and informed that the parent or guardian is filing the order. This will help insure more immediate protection of the youth. If the Family worker youth is in the custody of the Division if Children and Services we will fila the pick up order ar:d __nta'_t the to advise of the run during awake hours. When filing the pick up order the worker needs .o provide the most complete description possible, acproximate time of -uns the parent 2r guardian's lame. aQdrOse. phone number. and ::_..tv :r the DCFS worker's name and- county. If—it is-determined—that we could not _ allow the youth to be returned to the shelter thie should be written on the order and the officer advised. This would usually be in the case of finding a youth dangerous. r. Process for Dealing with Suicidal Residents Thera will likely be cases in which staff are unaware that an incoming resident is at risk for suicide. The initial youth intake form presents opportunity for assessment of suicidal ideation and intent. if during this intake process or at any time it is determined that a resident may be suicidal the following procedure should be followed: 1. The on—call worker should immediately be contacted to further assess the risk and need for precautions or referral. If the on—call worker determines after hearing the information that the resident is at risk, that worker will come to the shelter to further interview and assess the resident's potential to harm self. • • • he meantime, the _n-•iuty 2;af` should aa_,;a., an =yes :n .etc- the resident. The immediate environment should also be scarred r zbjeits that a a1 resident _:uli potentially use Seiny harm to themselves_. 4. After the worker has completed the assessment the worker will determine whether the resident will be safe to remain at the shelter, The worker may also determine that an emergency psychiatric assessment should be obtained to help determine the suicide potential. The parent or guardian would be asked to assist with this. A verbal and written contract with the resident agrae`ng not to harm self will be obtained. If it is determined the child needs a more secure structure the resident will be discharged Sack to the parent or guardian and :every possible effort will be made by the worker to assist the family in securing the appropriate placement and treatment needed. If it is felt that discharge back to the parent or guardian would place the youth at greater risk the parent or guardian would be requested to assist us with seLur:ng the .appropriate placement. In some cases help may need to be requested from DCF3 or the courts. D. Incident Reports An incident report needs to be completed whenever a resi whether the injury is self-inflicted, acidental, or infl person. Also if a resident becomes ill requiring immedi attention such as a trip to ER. This doesn't apply for check-ups or doctor visits. A report should be complete alcohol are brought into the shelter, if serious damage occurs, when a resident goes AWCL, or if serious threats others are made. The report should include the details those involved in the.incident, and the action taken by a speLlfic form to be used. Also, except for the primer involved in the incident, use only the initials of other involved to protect their confidentiality. All incident bar- given -_to -the shelter -supervisor. - R. Prote._tive Custody A 1aw'enf.:rcement official or an official of the D Family Services can take 72 hour protective cust:d feel is in danger according to the Arkansas Juveni Either of the above stated official can place a ch under their protective custody. The official will consent for the placement and therefore, we do not parent/guardian during this 72 hours. There is a custody form to be used. The official placing the must be responsible for notifying the parent/guard whereabouts. dent is injured icted by another ate medical more regular d if drugs or to pr'. per ty to harm self or of what happened, staff. Thera is y resident residents reports should ivisicn of Children and y of a child that they le Statutes. ild at the shelter give their written obtain consent from the specific protective child at the shelter ian of the child's If a child comes to the shelter by another source and that child alledges abuse; and it is felt the child would be at risk if returned home, the shelter staff should contact DCFS and make an abuse report. Then if the DCF3 worker determines it necessary to take protective custody, the shlter staff will not contact the parent/guardian for consent. But the above procedures must be followed. If it is at a late hour the worker must agree to come the following day to sign the protective custody consent. r • • plans :t'weer she:._. • • ▪ • • • ata." 'esidenV r parent/guardian, and i app> _.priate the referring agency, .7•a.�. sian''3 :anr.-t be discharged t_ an .ne a';c 2pt the parant/guardian without :onsen.' From the parent/guardian to discharge the youth to a specified other. This consent should be in writing whenever possible. if written consent cannot be obtained, verbal .consent must be given to at least two staff persons. If a youth is placed on a bus or plane the staff person should remain with the youth until the departure time. It should be confirmed that a specified person is awaiting the arrival of the youth and follow-up -Intact should be made to verify the safe arrival :)f the youth. Dates, t imes, and persons .contacted should be documented. This can ':e documented on the discharge summary. Emergency Discharge Occassi::nally the staff :nay encounter a youth who does not succeed in the program and who causes serious disruption of it. The resident may be unable .:r unwilling to make the transition from.the environment to: which he/she is accustomed and to the degree of responsibility that is required at the shelter, or may have deep seated behavioral/emotional probiams which pose an imminently dangerous situation for the individual or other residents. If the child care staff feel a resident presents this type of situation, they should contact the Program Director or on-call worker to advise of and discuss the situation. If it is deemed necessary to make an emergency discharge, the youth and his/her parent/guardian will be notified of the decision. If a referring agency is involved they should also be notified. The caseworker will assist the family in finding more appropriate placement and treatment if needed. If a dangerous or department should possible. U. Follow-up Services potentially dangerous situation should occur the police be contacted and the on-call worker notified as soon. as The shelter provides follow-up services designed to assure that the youth and his/her family have the support necessary to achieve adequate reintegration of the family unit. Ongoing individual and family counseling is offered to the family upon discharge of the resident. We can also continue to provide needed casework services to the family. Youth Bridge routinely completes a six month follow-up on clients. V. Discharge Summary After each resident leaves the shelter, a discharge summary will be completed. The summary will include the services offered, contacts with the Family, problems that occured during placement, resident's behavior and emotional state, recommendations to family, and final disposition. The staff person primarily involved with the resident will'complate the report. • • • A11 shelter residents either attend their own scool cr part_=_pa e in our educational program. ; *f a resident is alrea�'___end_ng school in the Fayetteville school district the shelter staff wi11 provide } t'^ attends school in in that tc provide the in h e shelter hair school da, and must transportation to and from school. If .he you .. another district and the youth wants to continue parent/guardian or another approved perswn would have transportation. Otherwise the youth will be enrolled educational program. Cur program consists of a ti 1/= the residents are taught by a certified Fayetteville Pubic School System. The resident's former school district to educational services possible. district, the teacher teacher coordinate easel _,.e._ L. correspond'_ with the the maximum and X. Smoking -r.i ; Smoking is allowed by shelter residents -L t- de si the `soil: `,- . ne51'.n front porch is the designated smoking area. Staff 1not are keep possession and matches. ec- a is are 7t a._ ...ad 7f all cigarettes, lighters, i yC•efts_ - smoke any other form of tobacco other than Y. Dress Code Staff should use discretion in the manner of dress residents especially due to having male and female shorts, midriff tops, and questionable halters, should Also clothing with drug/alcohol symbolism should not to Searching of Resident's Belongings Upon admission the resident'sbelongings lighters, cigarettes, any type of cat obscene materials should be confiscated. allowed by residents. -c`. _e the shelter Short allowed. allowed. should be searched. Mat hes, ion, razors, perncgraphic or • • 24 CFR PART 570 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM • 570.502 Applicability of uniform administrative requirements Recipients, and subrecipients which are governmental entities (including public agencies), shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments," OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR Part 44) and with the following sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments": (1) Section 85.3, "Definitions"; (2) Section 85.6, "Exceptions"; (3) Section 85.12, Special grant or subgrant conditions for "high -risks" grantees"; (4) Section 85.20, "Standards for financial management systems," except paragraph (a); (5) Section 85.21, "Payment," except as modified by 570.513; (6) Section 85.22, "Allowable costs"; (7) Section 85.26, "Non-federal audits" (8) Section 85.32, "Equipment," except in all cases in which the equipment is sold, the proceeds shall be in program income; (9) Section 85.33, "Supplies"; (10) Section 85.34, "Copyrights"; (11) Section 85.35, "Subawards to debarred and suspended parties"; (12) Section 85.36, "Procurement," except paragraph (a); (13) Section 85.37, "Subgrants"; (14) Section 85.40, "Monitoring and reporting program performance, "except paragraphs (b) - (d) and (f); • • • • (15) Section 85.41, "Financial reporting," except paragraphs (a), (b), and (e); (16) Section 85.42, "Retention and access requirements for records"; (17) Section 85.43, "Enforcement"; (18) Section 85.44, "Termination for convenience"; (19) Section 85.51, "Later disallowances and adjustments"; and (20) Section 85.52, "Collection of amounts due." (b) Subrecipients, except subrecipients which are governmental entities, shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for NonProfit Organizations or OMB Circular No. A-21, "Cost Principles for Educational Institutions," as applicable, and the following Attachments to OMB Circular No. A-110: (1) Attachment A, "Cash Depositories," except for paragraph 4 concerning deposit insurance; (2) Attachment 8, "Bonding and Insurance"; (3) Attachment C, "Retention and Custodial Requirements for Records," except that in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report, as prescribed in 570.507, in which the specific activity is reported on for the final time; (4) Attachment F, "Standards for Financial Management Systems"; (5) Attachment H, "Monitoring and Reporting Program Performance," paragraph 2; (6) Attachment N, "Property Management Standards," except for paragraph 3 concerning the standards for real property and except that paragraphs 6 and 7 are modified so that in all cases in which personal property is sold, the proceeds shall be program income and that personal property not needed by the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; and (7) Attachment 0, "Procurement Standards." • • 24 CFR PART 570 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 570.600 General (a) Section 104 (b) of the Act provides that any grant under section 106 of the Act shall be made only if the grantee certifies to the satisfaction of the Secretary, among other things, that the grant "will be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284," and, further, that the grantee "will comply with the other provisions of this title and with other applicable laws." Section 104(e) (1) of the Act requires that the Secretary determine with respect to grants made pursuant to section 106(b) (Entitlement Grants), and 106(d)(2)(B) (HUD -administered Small Cities Grants), at least on an annual basis, among other things, "whether the grantee has carried out (its) certifications in compliance with the requirements and the primary objectives of this title and with other applicable laws..." Certain other statutes are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their own terms. Certain statutes or Executive Orders which may be applicable to activities assisted under the Act by their own terms are administered or enforced by governmental departments or agencies other than the Secretary or the Department. This Subpart K enumerates laws which the Secretary will treat as applicable to grants made under section 106 of the Act, other than grants to States made pursuant to section 106(d) of the Act, for purposes of the determinations described above to be made by the Secretary under section 104(e)(1) of the Act, including statutes expressly made applicable by the Act and certain other statutes expressly made applicable by the Act and certain other statutes and Executive Orders for which the Secretary has enforcement responsibility. The absence of mention herein of any other statute for which the Secretary does not have direct enforcement responsibility is not intended to be taken as an indication that, in the Secretary's opinion, such statute or Executive Order is not applicable to activities assisted under the Act. For laws which the Secretary will treat as applicable to grants made to States under section 106(d) of the Act for purposes of the determination required to be made by the Secretary pursuant to section 104(e)(2) of the Act, see 570.496 (b) This subpart also sets forth certain additional program requirements which the Secretary has determined to be applicable to grants provided under the Act as a matter of administrative discretion. • • • • (c) In addition to grants made pursuant to section 106(b) and 106(d)(2)(B) of the Act (Subparts D and F, respectively), the requirements of this Subpart K are applicable to grants made pursuant to sections 107 and 119 of the Act (Subparts E and G, respectively), and to loans guaranteed pursuant to Subpart M. 570.601 Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. Section 104(b) of the Act provides that any grant under section 106 of the Act shall be made only if the grantee certifies to the satisfaction of the Secretary that the grant "will be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284 and the grantee will affirmatively further fair housing." Similarly, section 107 provides that no grant may be made under that section (Secretary's Discretionary Fund) or section 119 (UDAG) without satisfactory assurances that the grantee's program will be conducted and administered in conformity with Public Law 88- 352 and Public Law 90-284. (a) "Public Law 88-352" refers to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d gt sea.), which provides that no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 602 of the Civil Rights Act of 1964 directs each Federal department and agency empowered to extend Federal financial assistance to any program or activity by way of grant to effectuate the foregoing prohibition by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the statute authorizing the financial assistance. HUD regulations implementing the requirements of Title VI with respect to HUD programs are contained in 24 CFR Part 1. (b) "Public Law 90-284" refers to title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), popularly known as the Fair Housing Act, which provides that it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States and prohibits any person from discriminating in the sale or rental of housing, the financing of housing, or the provision of brokerage services, including otherwise making unavailable or denying a dwelling to any person, because of race, color, religion, sex, or national origin. Title VIII further requires the Secretary to administer the programs and activities relating to housing and urban development in • • • • • a manner affirmatively to further the policies of Title VIII. Pursuant to this statutory direction, the Secretary requires that grantees administer all programs and activities related to housing and community development in a manner to affirmatively further the policies of Title VIII; furthermore, section 104(b)(2) of the Act requires that each grantee receiving funds under section 106 of the Act (entitlement or small cities grantees) certify to the satisfaction of the Secretary that it will affirmatively further fair housing. (c) Executive Order 11063, as amended by Executive Order 12259, directs the Department to take all action necessary and appropriate to prevent discrimination because of race, color, religion (creed), sex, or national origin, in the sale, leasing, rental, or other disposition of residential property and related facilities (including land to be developed for residential use), or in the use or occupancy thereof, if such property and related facilities are, among other things, provided in whole or in part with the aid of loans, advances, grants, or contributions agreed to be made by the Federal Government. HUD regulations implementing Executive Order 11063 are contained in 24 CFR Part 107. 570.602 Section 109 of the Act. (a) Section 109 of the Act requires that no person in the United States shall on the ground of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with community development funds made available pursuant to the Act. For purposes of this section "program or activity" is defined as any function conducted by an identifiable administrative unit of the recipient, or by any unit of government, subrecipient, or private contractor receiving community development funds or loans from the recipient. "Funded in whole or in part with community development funds" means that community development funds in any amount in the form of grants or proceeds from HUD guaranteed loans have been transferred by the recipient or a subrecipient to an identifiable administrative unit and disbursed in a program or activity. In subsection (b) of this section, "recipient" means recipient as defined in 24 CFR 1.2(f). (b) Specific discriminatory actions prohibited and corrective actions. (1) A recipient may not, under any program or activity to which the regulations of this part may apply, • • • directly or through contractual or other arrangements, on the ground of race, color, national origin, or sex: (i) Deny any individual any facilities, services, financial aid or other benefits provided under the program or activity. (ii) Provide any facilities, services, financial aid or other benefits which are different, or are provided in a different form, from that provided to others under the program or activity. (iii) Subject an individual to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity. (iv) Restrict an individual in any way in access to, or in the enjoyment of, any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. (v) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services or other benefit provided under the program or activity. (vi) Deny an individual an opportunity to participate in a program or activity as an employee. (2) A recipient may not use criteria or methods of administration which have the effect of subjecting persons to discrimination on the basis of race, color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to persons of a particular race, color, national origin, or sex. (3) A recipient, in determining the site or location of housing or facilities provided in whole or in part with funds under this part, may not make selections of such site or location which have the effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination on the ground of race, color, national origin, or sex; or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act and of this section. (4) (i) In administering a program or activity funded in whole or in part with CDBG funds regarding which the recipient has previously discriminated against persons on the ground of race, color, national origin or sex, or if there is sufficient evidence to conclude that such discrimination existed, the recipient must take remedial affirmative action to overcome the effects of prior discrimination. The word "previously" does not exclude current discriminatory practices. (ii) In the absence of discrimination, a recipient, in administering a program or activity funded in whole or in part with funds made available under this part, may take any nondiscriminatory affirmative action necessary to ensure that the program or activity is open to all without regard to race, color, national origin or sex. (iii) After a finding of noncompliance or after a recipient has a firm basis to conclude that discrimination has occurred, a recipient shall not be prohibited by this section from taking any action eligible under Subpart C to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction, where the purpose of such action is to remedy prior discriminatory practice or usage. (5) Notwithstanding anything to the contrary in this section, nothing contained herein shall be construed to prohibit any recipient from maintaining or constructing separate living facilities or rest room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. (c) Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 fl gag.) or with respect to an otherwise qualified handicapped person as provided in section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act. HUD regulations implementing the Age Discrimination Act are contained in 24 CFR Part 146 and the regulations implementing section 504 are contained in 24 CFR Part 8. 570.603 Labor standards. Section 110 of the Act requires that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a - 276a-5). By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 gt sec.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. With respect to the labor standards specified in this section, the Secretary of Labor has the authority and functions set forth in Reorganization Plan Number 14 of 1950 (5 U.S.C. 1332-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). 570.604 Environmental standards. Section 104(g) expresses the intent that "the policies of the National Environmental Policy Act of 1969 and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Secretary)...(be) most effectively implemented in connection with the expenditure of funds under" the Act. Such other provisions of law which further the purposes of the National Environmental Policy Act of 1969 are specified in regulations issued pursuant to section 104(g) of the Act and contained in 24 CFR Part 58. Section 104(g) also provides that, in lieu of the environmental protection procedures otherwise applicable, the Secretary may under regulations provide for the release of funds for particular projects to grantees who assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to the National Environmental Policy Act of 1969, and the other provisions of law specified by the Secretary as described above, that would apply to the Secretary were he/she to undertake such projects as Federal projects. Grantees assume such environmental review, decisionmaking, and action responsibilities by execution of grant agreements with the Secretary. The procedures for carrying out such environmental responsibilities are contained in 24 CFR Part 58. 570.605 National Flood Insurance Program. Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) provides that no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes (as defined under section 3(a) of said Act (42 U.S.C. 400(a)), one year after a community has been formally notified of its identification as a community containing an area of special flood hazard, for use in any area that has been identified by the Director of the Federal Emergency Management Agency as an area having special floor hazards unless the community in which such area is situated is then participating in the National Flood Insurance Program. Notwithstanding the date of HUD approval of the recipient's application (or, in the case of grants made under Subpart D, the date of submission of the grantee's final statement pursuant to 570.302), funds provided under this part shall not be expended for acquisition or construction purposes in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless the community in which the area is situated is participating in the National Flood Insurance Program in accordance with 44 CFR Parts 59-79, or less than a year has passed since FEMA notification to the community regarding such hazards; and (ii) flood insurance is obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001). 570.606 Relocation, displacement and acquisition. (1) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601) and HUD implementing regulations at 24 CFR Part 42 apply to the acquisition of real property by a State agency for an activity assisted under this part and to the displacement of any family, individual, business, nonprofit organization or farm that results from such acquisition. The grantee's certification of compliance with the URA is required in the grant agreement. (2) An acquisition and resulting displacement by a State agency is "for an assisted activity" if it occurs on or after the date of the initial submission of a final statement under 24 CFR 570.302(a)(2) (Entitlement Grants); (b)(2)(i)(C), in the form of a certificate or housing voucher under Section 8 of the United States Housing Act of 1937, must be provided referrals to comparable replacement dwelling units whose owners are willing to participate in the housing voucher or certificate program. The grantee shall advise tenants of their rights under the Federal Fair Housing Law (Title VIII) and of replacement housing opportunities in such a manner that, whenever feasible, they will have a choice between relocating within their neighborhoods and other neighborhoods consistent with the grantee's responsibility to affirmatively further fair housing; (B) The reasonable and necessary cost of any security deposit required to rent the replacement dwelling unit, and credit checks required to rent or purchase the replacement dwelling unit; and (C) Replacement housing assistance. Households are eligible to receive one of the following forms of replacement housing assistance: (1) Each household must be offered compensation designed to ensure that, for a five-year period, the displaced household will not bear, after relocation, a ratio of shelter costs to income that exceeds 30 percent. Such compensation shall be either: (i) a certificate or housing voucher for rental assistance provided through the local Public Housing Agency under Section 8 or the United State Housing Act of 1937; or (ii) cash rental assistance equal to 60 times the amount that is obtained by subtracting 30 percent of the displaced household's monthly gross income (with such adjustments as the grantee may deem appropriate) from the lesser of: the monthly cost of rent and utilities at a comparable replacement dwelling unit or the monthly cost of rent and utilities at the decent, safe and sanitary replacement dwelling to which the household relocates. The grantee may provide the cash payment in either a lump sum or in installments. The grantee may at its discretion offer the household a choice between the certificate/housing voucher or cash rental assistance. (2.) If the household purchases an interest in a housing cooperative or mutual housing association and occupies a decent, safe and sanitary unit in the cooperative or association, the household may elect to receive a lump sum payment. This lump sum payment shall be equal to the capitalized value of 60 monthly installments of the amount that is obtained by subtracting 30 percent of the displaced household's monthly gross income (with such adjustments as the grantee may deem appropriate) from the monthly cost of rent and utilities at a comparable replacement dwelling unit. To compute the capitalized value, the installments shall be discounted at the rate of interest paid on passbook savings deposits by a federally -insured bank or savings and loan institution conducting business within the grantee's jurisdiction. To the extent necessary to minimize hardship to the household, the grantee shall, subject to appropriate safeguards, issue a payment in advance of the purchase of the interest in the housing cooperative or mutual housing association. (ii) Eligibility for relocation assistance. (A) A low- or moderate -income household that is required to move as a direct result of demolition or conversion of a low/moderate income dwelling unit to another use, is eligible for relocation assistance under this paragraph (b)(2) if: (1) The household is required to move from the dwelling unit on or after the date that the owner submits a request to the grantee for financial assistance that is later approved for the requested activity. (This applies to dwelling units owned by a person other than a Federal or State agency, as defined under the URA). (.Z) The household is required to move from the dwelling unit on or after the date of the initial submission of a final statement under 24 CFR 570.302(a)(2) (Entitlement Grants); the initial submission of an application to HUD by a unit of general local government under 570.426, 570.430, or 570.435(d) that is granted for the requested activity (HUD administered Small Cities Program); or the submission of an application to HUD by a city or urban county under 570.458 that is granted for the requested activity (UDAG). (This applies to dwelling units owned by a Federal or State agency as defined under the URA). (B) If the displacement occurs on or after the appropriate date described in paragraph (b)(2) (ii)(A) of this section, the low- or moderate - income household is not eligible for relocation assistance if: (],) The household is evicted for cause; (2.) The household moved into the property on or after the date described in paragraph (b)(2)(ii)(A), after receiving written notice of the expected displacement; or (a) The grantee determines that the displacement was not a direct result of the assisted activity, and the HUD office concurs in that determination. (C) If the displacement occurs before the appropriate date described in paragraph (b)(2) (ii)(A) of this section, the low- or moderate - income household is eligible for relocation assistance if the grantee or HUD determines that the displacement was a direct result of an activity assisted under this part. (3) Definitions. For the purposes of this paragraph (b): (i) "Comparable replacement dwelling unit" means a dwelling unit that: (A) Meets the criteria of 24 CFR 42.2(c)(1) through (4); and (B) Is available at a monthly cost for rent plus estimated average monthly utility costs that does not exceed 30 percent of the household's average gross monthly income (with such adjustments to income as the grantee may deem appropriate) after taking into account any rental assistance the household would receive. Where a certificate or housing voucher is provided to a household under paragraph (b)(2) (i)(C)(1)(j) of this section, the dwelling unit must be available to the household at a monthly cost for rent and estimated average monthly utility cost that does not exceed the Fair Market Rent or the payment standard, respectively. (ii) "Decent, safe and sanitary dwelling" means a decent, safe and sanitary dwelling as defined in 24 CFR 42.2(e). (iii) "Low/moderate income dwelling unit" means a dwelling unit with a market rental (including utility costs) that does not exceed the applicable Fair Market Rent (FMR) for existing housing and moderate rehabilitation established under 24 CFR Part 888. (iv) "Occupiable dwelling unit" means a dwelling unit that is in a standard condition, or is in a substandard condition, but is suitable for rehabilitation. (v) "Standard condition" and "substandard condition suitable for rehabilitation". If the grantee has a HUD -approved Housing Assistance Plan, the definitions of "standard condition" and "substandard condition suitable for rehabilitation" established in the plan will apply. If the grantee does not have a HUD - approved Housing Assistance Plan, the grantee must establish and make public its definition of these terms consistent with the requirements of 570.306(e)(1). (4) Effective date. For all grants except those made under Subpart D of this part (Entitlement Grants), the provisions of this paragraph (b) are applicable to grants made on or after October 1, 1988. For grants made under Subpart D, these provisions will govern all activities for which funds are first obligated by the grantee on or after the date the first grant is made after September 30, 1988, without regard to the source year of the funds used for the activity. (c) Section 104 (U relocation requirements. Section 104(k) of the Act requires that reasonable relocation assistance be provided to persons (families, individuals, businesses, nonprofit organizations, or farms) displaced (i.e., moved permanently and involuntarily) as a result of the use of assistance received under this part to acquire or substantially rehabilitate property. If such displacement is subject to paragraphs (a) or (b) of this section, above, this paragraph does not apply. The grantee must develop, adopt and provide to persons to be displaced a written notice of the relocation assistance for which they are eligible. The minimum requirements for such assistance under the UDAG Program are described at 570.457(b). Under CDBG programs, persons entitled to assistance under this paragraph must be provided relocation assistance, including at a minimum: 1) Reasonable moving expenses; (2) Advisory services needed to help in relocating. The grantee shall advise tenants of their rights under the Federal Fair Housing Law (Title VIII) and of replacement housing opportunities in such a manner that, whenever feasible, they will have a choice between relocating within their neighborhoods and other neighborhoods consistent with the grantee's responsibility to affirmatively further fair housing; and (3) Financial assistance sufficient to enable any person displaced from his or her dwelling to lease and occupy a suitable, decent, safe and sanitary replacement dwelling where the cost of rent and utilities does not exceed 30 percent of the household's gross income. (d) optional relocation assistance. Under section 105(a) (11) of the Act, the grantee may provide relocation payments and other relocation assistance for individuals, families, businesses, nonprofit organizations and farms displaced by an activity not subject to paragraphs (a), (b) or (c) of this section. The grantee may also provide relocation assistance to persons covered under paragraphs (a), (b) or (c) of this section beyond that required. Unless such assistance is provided pursuant to State or local law, the grantee must provide the assistance only upon the basis of a written determination that the assistance is appropriate (see 24 CFR 570.201(i)) and must adopt a written policy available to the public that describes the relocation assistance that the grantee has elected to provide and that provides for equal relocation assistance within each class of displacees. (e) AppepJs. If a person disagrees with the grantee's determination concerning the person's eligibility for, or the amount of a relocation payment under this section, the person may file a written appeal of that determination with the grantee. The appeal procedures to be followed are described in 24 CFR 42.10. A low- or moderate -income household that has been displaced from a dwelling may file a written request for review of the grantee decision, to the HUD Field Office. (f) Responsibility of grantee. (1) The grantee is responsible for ensuring compliance with the requirements of this section, notwithstanding any third party's contractual obligation to the grantee to comply with the provisions of this part. (2) The cost of assistance required under this section may be paid from local public funds, funds provided under this part, or funds available from other sources. (3) The grantee must maintain records in sufficient detail to demonstrate compliance with the provisions of this section. (g) Displacement. For the purposes of this section, a "displaced person" is a person that is required to move permanently and involuntarily and includes a residential tenant who moves from the real property if: (1) The tenant has not been provided with a reasonable opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building or in a nearby building on the real property following the completion of the assisted activity at a monthly rent and estimated average cost for utilities that does not exceed the greater of (i) 30 percent of the tenant household's average monthly gross income; or (ii) the tenant's monthly rent and average cost for utilities before (A) the date that the owner submits a request to the grantee for financial assistance that is later approved for the requested activity. (This applies to dwelling units owned by a person other than a Federal or State agency, as defined under the URA); or (B) the date of the initial submission of a final statement under 570.302(a)(2) (Entitlement Grants); the initial submission of an application to HUD by a unit of general local government under 570.426, 570.430, or 570.435(d) that is granted for the requested activity (HUD administered Small Cities Program); or the submission of an application to HUD by a city or urban county under 570.458 that is granted for the requested activity (UDAG). (This applies to dwelling units owned by a Federal or State agency as defined under the URA); or (2) The tenant is required to move to another dwelling in the real property but is not reimbursed for all actual reasonable out-of- pocket costs incurred in connection with the move; or (3) The tenant is required to relocate temporarily and: (i) is not reimbursed for all reasonable out- of-pocket expenses incurred in connection with the temporary relocation, including moving costs and any increased rent and utility costs; or (ii) other conditions of the temporary relocation are not reasonable. 570.607 Employment and contracting opportunities. (a) Grantees shall comply with Executive Order 11246, as amended by Executive Order 12086, and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. As specified in Executive order 11246 and the implementing regulations, contractors and subcontractors on Federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. (b) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) requires, in connection with the planning and carrying out of any project assisted under the Act, that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county) as determined by the Secretary, in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project. Grantees shall adopt appropriate procedures and requirements to assure good faith efforts toward compliance with the statutory directive. HUD regulations at 24 CFR Part 135 are not applicable to activities assisted under this part but may be referred to as guidance indicative of the Secretary's view of the statutory objectives in other contexts. 570.608 Lead -based paint. (a) Prohibition against the use of lead -based paint. Section 401(b) of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)) directs the Secretary to prohibit the use of lead -based paint in residential structures constructed or rehabilitated with Federal assistance. Such prohibitions are contained in 24 CFR Part 35, Subpart B, and are applicable to residential structures constructed or rehabilitated with assistance provided under this part. (b) Notification of hazards of lead -based paint poisoning. (1) The Secretary has promulgated requirements regarding notification to purchasers and tenants of HUD -associated housing constructed prior to 1978 of the hazards of lead - based paint poisoning at 24 CFR Part 35, Subpart A. This paragraph is promulgated pursuant to the authorization granted in 24 CFR 35.5(c) and supersedes, with respect to all housing to which it applies, the notification requirements prescribed by Subpart A of 24 CFR Part 35. (2) For properties constructed prior to 1978, applicants for rehabilitation assistance provided under this part and tenants or purchasers of properties owned by the grantee or its subrecipient and acquired or rehabilitated with assistance provided under this part shall be notified: (i) That the property may contain lead -based paint; (ii) of the hazards of lead -based paint; (iii) of the symptoms and treatment of lead -based poisoning; (iv) of the precautions to be taken to avoid lead -based paint poisoning (including maintenance and removal techniques for eliminating such hazards); (v) of the advisability and availability of blood lead level screening for children under seven years of age; and (vi) that in the event lead -based paint is found on the property, appropriate abatement procedures may be undertaken. (c) Elimination of lead -based paint hazards. The purpose of this paragraph is to implement the provisions of section 302 of the Lead -Based Paint Poisoning Prevention Act, 42 U.S.C. 4822, by establishing procedures to eliminate as far as practicable the hazards due to the presence of paint which may contain lead and to which children under seven years of age may be exposed in existing housing which is rehabilitated with assistance provided under this part. The Secretary has promulgated requirements regarding the elimination of lead - based paint hazards in HUD -associated housing at 24 CFR Part 35, Subpart C. This paragraph is promulgated pursuant to the authorization granted in 24 CFR 35.24(b)(4) and supersedes, with respect to all housing to which it applies, the requirements prescribed by Subpart C of 24 CFR Part 35. These requirements shall be implemented not later than September 21, 1987. (1) Applicability. This paragraph applies to the rehabilitation of applicable surfaces in existing housing which is assisted under this part. The following activities assisted under the Community Development Block Grant program are not covered by this paragraph: (i) Emergency repairs (not including lead -based paint - related emergency repairs); (ii) weatherization; (iii) water or sewer hook-ups; (iv) installation of security devices; (v) facilitation of tax exempt bond issuances which provide funds for rehabilitation; (vi) other similar types of single -purpose programs that do not include physical repairs or remodeling of applicable surfaces (as defined in 24 CFR 35.22) of residential structures; and (vii) any non -single purpose rehabilitation that does not involve applicable surfaces (as defined in 24 CFR 35.22) that does not exceed $3,000 per unit. (2) Definitions. - Applicable surface. All intact and nonintact interior and exterior painted surfaces of a residential structure. Chewable surface. All chewable protruding painted surfaces up to five feet from the floor or ground, which are readily accessible to children under seven years of age, e.g., protruding corners, windowsills and frames, doors and frames, and other protruding woodwork. Defective paint surface. Paint on applicable surfaces that is cracking, scaling, chipping, peeling or loose. Elevated blood lead level or EBL. Excessive absorption of lead, that is, a confirmed concentration of lead in whole blood of 25 ug/dl (micrograms of lead per deciliter of whole blood) or greater. Lead -based paint surface. A paint surface, whether or not defective, identified as having a lead content greater than or equal to 1 mg/cm2. (3) Inspection and Testing (i) Defective paint surfaces. The grantee shall inspect for defective paint surfaces in all units constructed prior to 1978 which are occupied by families with children under seven years of age and which are proposed for rehabilitation assistance. The inspection shall occur at the same time the property is being inspected for rehabilitation. Defective paint conditions will be included in the work write-up for the remainder of the rehabilitation work. (ii) Chewable surfaces. The grantee shall be required to test the lead content of chewable surfaces if the family residing in a unit, constructed prior to 1978 and receiving rehabilitation assistance, includes a child under seven years of age with an identified EBL condition. Lead content shall be tested by using an X-ray fluorescence analyzer (XRF) or other method approved by HUD. Test readings of 1 mg/cm2 or higher using an XRF shall be considered positive for presence of lead -based paint. (iii) Abatement without testing. In lieu of the procedures set forth in paragraph (c)(3)(ii) of this section, in the case of a residential structure constructed prior to 1978, the grantee may forgo testing and abate all applicable surfaces in accordance with the methods set out in 24 CFR 35.24(b)(2)(ii). (4) Abatement Actions. (i) For inspections performed under 570.608(c)(3)(i) and where defective paint surfaces are found, treatment shall be provided to defective areas. Treatment shall be performed before final inspection and approval of the work. (ii) For testing performed under 570.608(c)(3)(ii) and where interior chewable surfaces are found to contain lead -based paint, all interior chewable surfaces in any affected room shall be treated. Where exterior chewable surfaces are found to contain lead -based paint, the entire exterior chewable surface shall be treated. Treatment shall be performed before final inspection and approval of the work. (iii) When weather prohibits repainting exterior surfaces before final inspection, the grantee may permit the owner to abate the defective paint or chewable lead - based paint as required by this section and agree to repaint by a specified date. A separate inspection is required. (5) Abatement methods. At a minimum, treatment of the defective areas and chewable lead -based paint surfaces shall consist of covering or removal of the painted surface as described in 24 CFR 35.24(b)(2)(ii). (6) Funding for inspection, testing and abatement. Program requirements and local program design will determine whether the cost of inspection, testing or abatement is to be borne by the owner/developer, the grantee or a combination of the owner/developer and the grantee. (7) Tenant protection. The owner/developer shall take appropriate action to protect tenants from hazards associated with abatement procedures. Where necessary, these actions may include the temporary relocation of tenants during the abatement process. The owner/developer shall notify the grantee of all such actions taken. (8) Records. The grantee shall keep a copy of each inspection and/or test report for at least three years. (9) Monitoring and enforcement. HUD field office monitoring of rehabilitation programs includes reviews for compliance with applicable program requirements for lead - based paint. The CPD Field Monitoring Handbook which currently includes instructions for monitoring lead - based paint requirements will be amended as appropriate. In cases of noncompliance, HUD may impose conditions or sanctions on grantees to encourage prompt compliance. (10) Compliance with other program requirements, Federal, State and local laws. (i) Other program requirements. To the extent that assistance from any of the programs covered by this section is used in conjunction with other HUD program assistance which have lead -based paint requirements which may have more or less stringent requirements, the more stringent requirements will prevail. (ii) HUD responsibility. If HUD determines that a State or local law, ordinance, code or regulation provides for lead -based paint testing or hazard abatement in a manner which provides a level of protection from the hazards of lead -based paint poisoning at least comparable to that provided by the requirements of this section and that adherence to the requirements of this subpart would be duplicative or otherwise cause inefficiencies, HUD may modify or waive the requirements of this section in such manner as may be appropriate to promote efficiency while ensuring such comparable level of protection. (iii) Grantee responsibility. Nothing in this section is intended to relieve any grantee in the programs covered by this section of any responsibility for compliance with State or local laws, ordinances, codes or regulations governing lead -based paint testing or hazard abatement. (iv) Disposal of lead -based paint debris. Lead -based paint and defective paint debris shall be disposed of in accordance with applicable Federal, State or local requirements. (See, e.g., 40 CFR Parts 260 through 271.) 570.609 Use of debarred, suspended, or ineligible contractors or subrecipients. Assistance under this part shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. 570.610 Uniform administrative requirements. The recipient, its agencies or instrumentalities, and subrecipients shall comply with the policies, guidelines, and requirements of 24 CFR Part 85 and OMB Circulars A-87, A-110, A-122, and A-128 (implemented at 24 CFR Part 44), as applicable, as they relate to the acceptance and use of Federal funds under this part. The applicable sections of 24 CFR Part 85 and OMB Circular A-110 are set forth at 570.502. 570.611 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A-110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties of facilities pursuant to 570.202, or grants, loans and other assistance to business, individuals and other private entities pursuant to 570.203, 570.204 or 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. paragraph (b) of employee, agent, appointed of fici public agencies, under this part. The conflict of interest provisions of this section apply to any person who is an consultant, officer, or elected official or al of the recipient, or of any designated or subrecipients which are receiving funds (d) Exceptions: threshold remuirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: .. . (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interest or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations.