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