HomeMy WebLinkAbout55-01 RESOLUTIONRESOLUTION NO. 55-01
•
A RESOLUTION TO ACCEPT THE
2001 COMMUNITY DEVELOPMENT
BLOCK GRANT IN THE AMOUNT
OF $665,000.00
WHEREAS, The City of Fayetteville has received Community
Development Block Grants as an Entitlement City since 1974; and
WHEREAS, The City of Fayetteville has been able to use these
Community Development Block Grants for numerous beneficial community
projects throughout Fayetteville; and
WHEREAS, The City of Fayetteville has been awarded $665,000.00 in
Community Development Block Grant funds for 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby approves the U.S. Department of
Housing and Urban Development Funding Approval Agreement and authorizes
the Mayor to sign said Agreement and to accept the $665,000.00 Community
Development Block Grant.
If leilipSED AND APPROVED this /7 day of April, 2001.
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• a:es4 • e APPROVED:
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. By:
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Ail EST:
By:
eather Woodruff, City Clerk
DAN COODY, May
NAME OF FILE: Resolution No. 55-01
CROSS REFERENCE:
04/17/01
Resolution No. 55-01
03/28/01
Departmental Correspondence to Fayetteville City Council from Yolanda
Fields, Community Development Coordinator, regarding 2001
Community Block Grant Agreement
01/01/01
Funding Approval/Agreement
11/15/00
Copy of Application for Federal Assistance
11/15/00
Copy of 2001 Consolidated Action Plan
04/17/01
Staff Review Form
04/24/01
Departmental Correspondence to Yolanda Fields, Community
Development Coordinator from Heather Woodruff, City Clerk
NOTES:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
TO: Fayetteville City Council
FROM: Yolanda Fields, CD Coor. in
DATE: March 28, 2001
SUBJECT: 2001 Community Block Grant Agreement
The U.S. Department of Housing & Development (HUD) awarded $665,000 in Community
Development Block Grant (CDBG) funds to the City of Fayetteville for 2001. The City of'
Fayetteville has been an Entitlement City since 1974. The CDBG grants are based on a formula
allocation method which is based on such factors as population, percent of low/moderate income
individuals, and number of housing units. Grant amounts vary from year to year and are also
dependent on finding levels authorized by congress through the annual federal budget process.
Staff requests your approval of the Agreement and Funding Approval. Please feel free to contact
me at 575-8290, if you have any questions.
•
Funding Approval/Agreemillt
Title I of the Housing and Community
Development Act (Public Law 930383)
HI -005151R of 20515R
1. Name of Grantee (as shown In Item 5 of Standard Form 424)
City of Fayetteville
U.S. Department of Housing and Wn Development
Office of Community Planning and Development
Community Development Block Grant Program
Ofi
2. Grantees Complete Address (as shown in Rem 5o1 Standard Form 424)
3. Grantee's 9 -digit Tag ID Number
71-6018462
4. Date use of funds may begin
01/01/01 .
113 West Mountain
Fayetteville, Washington County, AR 72701
5a.Project/Gnint No.1
B -01 -MC -05 -0001
5b.Project/Grant No. 2
6a.Amount Approved
$665,000
6b.Amount Approved
5c.ProjecUGraM No. 9
6c.AmouM Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made
pursuant to the authority of Title 1 of the Housing and Community Developmen Act of 1914, as amended, (42 USC 5301 et seq.). The Grantee's submissions
for Title 1 assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be. amended from time to time), and this Funding Approval,
including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance
specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be
used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with
all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved
by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision
making. and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title 1 and published in 24 CFR Part 58. The
Grantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient entities to which it makes funding assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name)
Charles Blevins
nue
Acting CPD Director
!WIRD
‘20--
7. Category of Iltle I Assistance for this Funding Action
(check only one)
al a. Entitlement, Sec 106(b)
b. State -Administered, Sec 106(d)(1)
c. HUD-Achninistered Small Cities, Sec 106(d)(2)(B)
d. Indian CDB0 Programs, Sec 106(a)(1)
e. Surplus Urban Renewal Funds, Sec 112(b)
f. Special Purpose Grants, Sec 107
g. Loan Guarantee, Sec 108
•
•
•
•
Date -
8. Special Conditions
(check one)
El None
tit Attached
Grantee Name
Honorable Dan Coady
9a. Date HUD Received Submission 0. check one
11/12/00
9b. Dapanantergidi
9c. Date of Stan of Program Year
01/01/01
Ea. Orig. Funding
Approval
n b. Amendment
Arnendment Number
11. Amount of Community Development
Block Grant
FY
FY
por 2001
a. Funds Reserved for thls Grantee
b. Funds now being Approved
c. Reservation to be Cancelled
(11a minus 11b)
$665.000
$665,000
- o -
12a. Amount of Loan Guarantee Commitment now being Approved
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive
loan guarantee assistance, and agrees to comply with the terms and
conditions of the Agreement, applicable regulations, and other
requirements of HUD now or hereafter in effect, pertaining to the
assistance provided it.
12b. Name and complete Address of Public Agency
12c. Name of Authorized Official for Designated Public Agency
•
TWa
Signature
Date (mm/dcl/yyyy)
HUD Accounting use Only
TAC
Batch
Clem's
rt•••••••••.........•
1
5
3
1 11
1111
I
1
7
6111
P ect Number
1111
Project Number
Date Entered PAS (mmicid/yyyy) Date Entered LOCCS (mm/cicUyyyy) Batch Number
Transaction Code
Amount
EffectNe Date mm/d ) F
Amount
Amount
Entered By
Verified By
24 CFR 570 form HUD -7082 (4/93)
A
A
Application for Federal
•
P—•..,711./ IV %%as • "no
2. Date Submitted
11/15/00
Applicant Identifier
13 -01 -MC -05-0001
1. Type of Submission:
Application: Construction
'reapplication: Non - Construction
3. Date Received by State
State Application
Identifier
4. Date Received by Federal
Agency
Federal Identifier
5. Applicant Information
Legal Name
City of Fayetteville, Arkansas
Organizational Unit
Municipal Govemment
Address
113 West Mountain Street
Fayetteville, AR 72701
Washington
Contact
Yolanda Fields, Community Development Co
501-575-8290
6. Employer Identification Number (EIN):
71-6018462
7. Type
of Applicant:
Municipal
8. Type of Application:
Type: New
9. Name of Federal Agency:
U.S. Department of HUD
10. Catalog of Federal Domestic Assistance Number
Catalog Number: 14-218
Assistance Title: Community Development Block Grant
11.
Descriptive Title of Applicant's Project:
Community Development
12. Areas Affected by Project:
Fayetteville, Arkansas
13. Proposed Project:
14. Congressional Districts of.
Start Date
01/01/01
Start Date
12/31/01
a. Applicant
3
b. Project
3
15. Estimated Funding:
16. Is Application Subject
Review Status:
Date::
to Review by State Executive Order 12372 Process?
Program covered
a. Federal
5635,000
b. Applicant
50
c. State
$0
d. Local
50
17. Is
the Applicant Delinquent on Any Federal Debt?
No
e. Other
$0
f. Program Income
$10,000
g. Total
$ 645,000
18. To the best of my knowledge and belief, all data in this application/preapplication are true and correct, the document has been duly authorized
by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded.
a. Typed Name of Authorized Representative
Fred Hanna
b Title
Mayor
c. Telephone Number
501-575-8330
d. Signature of oriz
41
/1/
R;pr sentative
e. Date Signed
11/15/00
A
A
CITY OF FAYETTEVILLE
2001 CONSOLIDATED ACTION PLAN
t
"Helping to Make a Better Community"
Submitted November 15, 2000
2
C
A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONSOLIDATED ACTION PLAN - 2001
INTRODUCTION
The City of Fayetteville is a participant in the Community Development Block Grant (CDBG)
Entitlement Cities Program and is awarded funds annually to carry out eligible activities in
pursuit of these statutory goals:
• Provide Decent housing - - which includes:
assisting homeless persons obtain affordable housing;
assisting persons at risk of becoming homeless;
retention of affordable housing stock;
increase the availability of affordable permanent housing in standard condition to low-income and
moderate -income families, particularly to members of disadvantaged minorities without discrimination
on the basis of race, color, religion, sex, national origin, familial status, or disability;
increasing the supply of supportive housing which includes structural features and services to enable
persons with special needs (including persons with HIV/ADDS) to live in dignity and independence;
and providing affordable housing that is accessible to job opportunities.
• Provide a suitable living environment - - which includes:
improving the safety and livability of neighborhoods;
increasing access to quality public and private facilities and services;
reducing the isolation of income groups within areas through spatial deconcentration of housing
opportunities for lower income persons and the revitalization of deteriorating neighborhoods;
restoring and preserving properties of special historic, architectural, or aesthetic value; and
conservation of energy resources.
• Expand economic opportunities - - which includes:
job creation and retention; establishment, stabilization and expansion of small businesses (including
micro businesses);
the provision of public services concerned with employment;
the provision of jobs to low-income persons living in areas affected by those programs and activities,
or jobs resulting from carrying out activities under programs covered by the plan;
availability of mortgage financing for low-income persons at reasonable rates using
non-discriminatory lending practices; .
access to capital and credit for development activities that promote the long-term economic and social
viability of the community; and
empowerment and self-sufficiency for low-income persons to reduce generational poverty in federally
assisted housing and public housing.
Community Development Focus in 2001
Public Access and Participation: CDBG Activities are designed and carried out based on local
needs. Through public meetings, consultation with area public and non-profit service agencies,
informal discussion with citizens, studies, city staff, and special purpose committees, input from
community stakeholders and resources holders is integrated to designate action priorities.
Two.formal public hearings were held to present and discuss proposed CDBG activities for fiscal
year 2001. The meetings were well attended by non-profit agency representatives but citizen
attendance was low. In response to the perennial difficulty in engaging the general public and
particularly the constituency most affected by Comrnunity Development programs and activities,
the Community Development Division has attempted altemate outreach activities in 2000 that
met with some success.
A special proclamation was presented by the Mayor. Presentations, displays, and activities were
planned during National Community Development Week which spotlighted CDBG activities and
generated notice in the media. Since the City's annual Springfest event coincided with National
Community Development Week, staff and volunteers set up a festival booth and spent the day
tallcing with citizens, providing information, and passing out buttons and lemonade.
In accordance with Fayetteville's Citizen Participation Plan, the 2001 Consolidated Action Plan
is submitted for a 30 day citizen review period. Citizen comments on the plan are encouraged
and may be submitted to: Yolanda Fields, Coordinator
City of Fayetteville Community Development Division
113 West Mountain Street
Fayetteville, AR 72701
As of November 14, 2000, no public comments addressing the 2001 Action Plan were received.
Housing Housing rehabilitation and housing issues are a primary focus of Community
Development activities The City is committed to the development of programs which address
the need for housing for Low and Moderate Income (LMI) persons and families. In response to
priority needs revealed during the development of the City's five year Consolidated Plan in 1999,
the City has focused on developing partnerships with outstanding local private non-profit entities
with expertise in specialized housing activities One of these organizations is a resident -led
volunteer group comprising citizens residing in the designated Community Development Target
Area. Also, as in past years, we continue to work closely with Habitat for Humanity in
Fayetteville. This focus on developing partnership will continue in 2001.
Analysis of Impediments to Fair Housing The city is in the process of updating it's "Analysis
of Impediments to Fair Housing" (Al). CDBG Program regulations require recipient
jurisdictions to "affirmatively further fair housing," which flows from HUD's obligation under
Section 808 of the Fair Housing Act.
The Al is conceived as an effort to affirmatively further fair housing choice by identifying all
impediments to fair housing choice which presently exist in the community, and to develop
strategies and actions designed to reduce or eliminate the identified impediments. Further, the
process of developing the Al will foster the collaboration of stakeholders and resource providers
in the public, non-profit, and private sectors, thereby promoting relationship -building and
consensus on fair housing issues. The Al process will help describe a clearer picture of housing
conditions for LMI households in Fayetteville, and aid us in defining current and future housing
directions.
Public Services Utilization of CDBG funds for the provision of public services, particularly
those which serve LMI groups, has been, and continues to be a focus of the Community
Development Division. The Community Development Division has carried out two main service
programs in recent years. The Taxi Voucher Elderly Transportation program, and the Yvonne
Richardson Community Center. 2001 brings new opportunities for collaboration through an
alliance with Fayetteville Boys & Girls Club.
The Taxi Voucher program provides subsidized cab fare for our city's elder citizens, allowing art
inexpensive transportation choice for many who would not have transportation available
otherwise. This simple, cost effective program receives unwavering support from those who use
it to go shopping, to the doctor, post office, church, out to eat, or any number of other
destinations. The program is hugely successful in providing our elders opportunity to participate
in community life and to live independently.
CDBG funds along with matching grants and private donations were used to build the Yvonne
Richardson Community Center (YRCC) in the SE Fayetteville designated Community
Development Target Area. CDBG has continued to fund staff salaries and improvements to the
Center since 1995. CDBG continues to support YRCC costs m 2001.
In an excellent example of collaborative partnership and innovative programing, Fayetteville
Boys & Girls Club has proposed to establish a Boys & Girls Club branch unit at Jefferson
Elementary School. Jefferson Elementary is located in the predominately LMI Target Area
neighborhood. Boys & Girls Club aims to provide a safe after-school environment comprising
recreational and educational activities designed to promote leadership, academic performance,
health, self esteem, and life skills education. CDBG dollars will contribute approximately one
quarter of the cost of this program.
In addition, CDBG will provide a small amount of funding for an annual Neighborhood Clean-up
Day activity in the Target Area. and partially fund costs for the city's Free Trolley.
Public Facilities - Community Needs CDBG has historically supported community services
facilities projects in Fayetteville. Through the last decade, CDBG dollars have assisted
construction or renovation of facilities for local non-profit organizations such as Youthbridge,
Children's House, Head Start, Fayetteville Free Health & Dental Clinic, YRCC, as well as
renovations and improvements to City parks, streets, sidewalks and other infrastructure.
Consolidated Plan research and consultation has shown a strong consensus among non-profit
service providers that the most important gap in the city's continuum of care network, is for
transitional living / life skills training type facilities serving a number of groups characterized as
being at risk for poverty and/or homelessness. Due to scale and costs of this type of project,
Community Development has chosen to support those projects which are carried out by
organizations with vision and expertise in serving the particular uruque group. The city's support
with CDBG dollars, even in relatively small amount, provides leverage to attract fimding from
outside public and foundation grants and pnvate funding.
CONSOLIDATED ACTION PLAN - 2001
1. AVAILABLE RESOURCES
A. Resources- Federal/State The City is the recipient of only one formula grant
program, the Community Development Block Grant. The Community Development office has
been a recipient of an allocation from the State HOME Program administered by the Arkansas
Development Finance Authority since 1992; the application process is a competitive one and
receipt of funds is not guaranteed. The City also receives a small Title XX grant awarded by the
Area Agency on Aging of Northwest Arkansas that is specifically earmarked for the Elderly Taxi
Program. Private non-profit organizations in Fayetteville receive no formula allocations and are
funded through competitive State allocations administered by the Arkansas Department of
Human Services, the local United Way campaign, private foundation grants, other special
competitive grants, and private donations including fund-raising activities.
The City anticipates the CDBG formula allocation in 2001 will be approximately $635,000. The
City did not receive a HOME grant allocation in 2000, however currently the city has HOME
Grant funds remaining from previous grant years. Due to changes in HOME Grant application
procedures in 2000, Fayeteville will apply for further HOME funding in 2001 after existing
funding has been expended.
The Area Agency on Aging Elderly Taxi Program grant in 2001 will be $4,000.
B. Resources - Municipal Government
The City of Fayetteville has earmarked General Revenues for expanding the existing free trolley
service, adding a southern route which will include the Low/Mod income Southeast community.
Trolley riders can transfer to other transportation from downtown stops.
The City's Street Division has estimated $80,000 for street overlay and repair of streets located
in the designated Community Development Target Area.
The City's Budget Division has budgetedapproximately $10,000 for maintenance of city -owned
buildings occupied by area non-profit agencies performing public service activities.
C. Resources -Local
The Southeast Fayetteville resident -led group, facilitated by Consensus Organizing Institute has
applied for funding for two years to cooperatively fund activities promoting home ownership by
low and moderate income families and to carry out other community development activities:
• Levi Strauss Foundation $150,000
• Bank of Fayetteville 315,000
• Resource pool 100,000
• Loans / recoverable grants 533,000
• Technical assistance 21,000
• Development Team 101.720
Total $687,720
IL DESCRIPTION OF ACTIVITIES
A. Housing Services
• Residential Rehabilitation
This allocation provides forgivable and partially repayable loans to low and moderate
income persons for rehabilitation of owner -occupied housing.
The following services are offered:
• Comprehensive rehabilitation up $20,000
• Emergency Repair up to $5000
• Mobile Home emergency repair up to $3500
The program provides labor, materials, project management, Lead Based Paint (LBP)
Ha7nrd Control, and other associated costs to bring a home into compliance with City
Housing Codes. Emphasis is placed on repairs that improve energy efficiency, those that
alleviate deferred maintenance conditions, safety devices, and replacement of principal
fixtures and components. $122,977 is allocated and includes salary and program delivery
costs for management and oversite of all housing programs and activities.
Location: Citywide, applicants are pnoritized according to established criteria to
give preference on the waiting list to those most in need of services. Priority criteria
include; Very Low Income, Elderly, Disabled, Single parented household, Located in
Target Area, Length of time on waiting list.
• Pathways to Independence -SOURCES, Inc.
This is a cooperative program with the non-profit agency, SOURCES for Community
Independent Living, Inc. This activity will provide low cost, $2500 or less, accessibility
repairs to homes occupied by disabled/elderly persons. 10 homes will be improved The
improvements will be accomplished without regard to tenancy status (owner or renter).
Additionally, SOLTRCES will compile a resource guide to accessible housing in NWA.
$32,095 CDBG is allocated.
• Life Styles, Inc.
$11,077 is allocated to Life Styles, Inc. for installation of an alarm system, and
renovations to two bathrooms in the facility for persons with developmental disabilities.
The alarm system will provide "in case of emergency" security to residents of the Life
Styles Residential Transitional Program.
• South Fayetteville Community Development Corporation (SFCDC)
$80,000 in CDBG funds will match $220,000 of cash and in-kind from other sources to
develop, market, and sell 4 affordable ownership housing units. The CDBG funds will be
used to subsidize the unit development cost for the SFCDC in order to preserve
affordability to the buyer. Recaptured funds from the sales will finance future projects,
thus extending the capacity of CDBG dollars to impact affordable home ownership in the
city.
This project will also promote capacity building of the newly formed, resident -based,
non-profit organization. Under controlled conditions, and with technical assitance from
community resource holders, SFCDC will gain expertise in housing development The
successful completion of this process will set precedents for future
public/private/business cooperative endeavors.
B. Public Services
• Southeast Fayetteville - Yvonne Richardson Community Center
A portion of staff and program costs, $43,538, for the Center. This activity matches
CDBG funds with city General Revenues for salaries and mauitenance of the facility.
Location: 240 E. Rock
• Fayetteville Elderly Taxi Program
This program provides an alternative transportation choice for elderly residents of
Fayetteville through subsidized cab fare. $24,000 CDBG funds are combined with $4,000
Title III funds awarded to the City by the Area Agency on Aging of Northwest Arkansas.
Location: Citywide
• Fayetteville Free Trolley
This allocation will subsidize operation costs of the Fayetteville Free Trolley based on a
percentage of riders originating from the Hillcrest Towers public housing apartments.
The City has also begun operation of a second Trolley route to the South which
encompasses the designated Target Area. $9,000 is allocated.
Location: Downtown central and South Fayetteville. Target Area.
• Fayetteville Boys and Girls Club
This is a new program in 2001 which will provide a positive, structured, after-school
environment for 1" - 5th grade students attending Jefferson Elementary school in the
designated CD Target Area. The program will provide sports and recreational activities,
as well as programs designed to promote self-esteem, healthy lifestyles, good decision-
making, and appreciation of cultural diversity. Homework support and tutoring resources
will be developed. This project will match $16,640 of CDBG funds with $35,000 from
the Bureau of Justice Affairs and $12,115 in cash and in-kind from the Boys and Girls
Club.
C. Public Facilities - Community Needs
• Project for Victims of Family Violence
$87 500 additional funding for women's shelter facilities construction.
Location: Suppressed
• Sage House
$87,500 for construction costs. Transitional housing facility for abused spouses leaving
shelters. 15 affordable units, up to 2 years residency.
Location: Suppressed
• Quality Life Associates - Traumatic Brian Injury Retraining Facility
$100,000 is allocated for facility pre -development costs The allocation is conditional
based on receipt of other grants for construction that are currently under submission.
Total facility construction cost is $1.5 million. QLA has acquired land to site the project.
Location: 6.4 acres in centralMorthwestem Fayetteville
D. Administration and Indirect Costs
Administration funds are used for the salary and benefits of the Community Development
Coordinator, office supplies, travel and training costs, Fair Housing activities, studies,
and other costs associated with administration of community development activities.
Indirect costs are those charged by the City for office space, maintenance, postage and
services provided by other City divisions. $114,994 is allocated.
Location: City Administration Building, 113 West Mountain Street
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Prior Years' Program Income NOT previously programmed or reported
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ESG
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HOPWA
Total
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ESG
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HOPWA
Total
Total Estimated Program Income
Program Income
Total
Section 108 Loan Guarantee Fund
TOTAL FUNDING SOURCES
Other Funds
Area Agency on Aging
Total
Submitted Proposed Projects Totals
Un -Submitted Proposed Projects Totals
$10,000
$4,000
$635,000
$0
$87,016
$10,000
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$4,000
$731,821
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CERTIFICATIONS
In accordance with the applicable statutes and the regulations
governing the consolidated plan regulations, the jurisdiction
certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will
affirmatively further fair housing, which means it will conduct an
analysis of impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any
impediments identified through that analysis, and maintain records
reflecting that analysis and actions in this regard.
Anti -displacement and Relocation Plan -- It will comply with the
acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and implementing regulations at 49 CFR 24; and it has in
effect and is following a residential antidisplacement and relocation
assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any
activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug -free
workplace by:
1. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
2. Establishing an ongoing drug -free awareness program to inform
employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug -free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement
required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1
that, as a condition of employment under the grant, the employee
will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for
a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such
conviction;
5. Nctifying the agency in writing, within ten calendar days after
receiving notice under subparagraph 4(b) from an employee or
otherwise receiving actual notice of such conviction. Employers
of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant
activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of
each affected grant;
6. Taking one of the following actions, within 30 calendar days
of receiving notice under subparagraph 4(b), with respect to
any employee who is so convicted -
(a) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as
amended; or
(b) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
7. Making a good faith. effort to continue to maintain a drug -
free workplace through implementation of paragraphs 1, 2, 3,
4, 5 and 6.
Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by
or on behalf of it, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this
anti -lobbying certification be included in the award documents
for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose
accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under
State and local law (as applicable) and the jurisdiction possesses the
legal authority to carry out the programs for which it is seeking
funding, in accordance with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG,
HOME, ESG, and HOPWA funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban
Development Act of 1968, and implementing regulations at 24 CFR Part
13
Sign Lure/Authorized Official
Mayor
Title
Date
Specific CDBG Certificions •
The Entitlement Community certifies that:
Citizen Participation -- It is ii full compliance and following a detailed
citizen participation plan that satisfies the requirements of 24 CFR
91.105.
Community Development Plan -- Its consolidated housing and community
development plan identifies community development and housing needs
and specifies both short-term and long-term community development
objectives that provide decent housing, expand economic opportunities
primarily for persons of low and moderate income. (See CFR 24 570.2
and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or
Comprehensive Housing Affordability Strategy) that has been approved
by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected
to be assisted with CDBG funds, it certifies that it has
developed its Action Plan so as to give maximum feasible priority
to activities which benefit low and moderate income families or
aid in the prevention or elimination of slums or blight. The
Action Plan may also include activities which the grantee
certifies are designed to meet other community development needs
having a particular urgency because existing conditions pose a
serious and immediate threat to the health or welfare of the
community, and other financial resources are not available);
2. Overall Benefit. The aggregate use of CDBG funds including
section 108 guaranteed loans during program year(s) 2001,(a
period specified by the grantee consisting of one, two, or three
specific consecutive program years), shall principally benefit
persons of low and moderate income in a manner that ensures that
at least 70 percent of the amount is expended for activities that
benefit such persons during the designated period;
3. Special Assessments. It will not attempt to recover any capital
costs of public improvements assisted with CDBG funds including
Section 108 loan guaranteed funds by assessing any amount against
properties owned and occupied by persons of low and moderate
income, including any fee charged or assessment made as a
condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or
assessment that relates to the capital costs of public
improvements (assisted in part with CDBG funds) financed from
other revenue sources, an assessment or charge may be made
against the property with respect to the public improvements
financed by a source other than CDBG funds.
against the property with respect to the public improvements
financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of
public improvements assisted with CDSG funds, including Section
108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public
improvements financed from other revenue sources. In this case,
an assessment or charge may be made against the property with
respect to the public improvements financed by a source other
than CDBG funds. Also, in the case of properties owned and
occupied by moderate -income (not low-income) families, an
assessment or charge may be made against the property for public
improvements financed by a source other than CDBG funds if the
jurisdiction certifies that it lacks CDBG funds to cover the
assessment.
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations;
and
2. A policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or
location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction;
Compliance With Anti -discrimination laws -- The grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of
1964 (42 USC 2000d) , the Fair Housing Act (42 USC 3601-3619), and
implementing regulations.
Lead -Based Paint -- Its notification, inspection, testing and abatement
procedures concerning lead -based paint will comply with the
requirements of 24 CFR §570.608;
Compliance with Laws -- It will comply with applicable laws.
k4— //dad
Signature/Authorized Official Date
Mayor
Title
APPENDIX TO CERTIFISIONS
•
INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a
prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
B. Drug -Free Workplace Certification
1. By signing and/or submitting this application or
grant agreement, the grantee is providing the
certification.
2. The certification is a material representation of fact
upon which reliance is placed when the agency awards
the grant. If it is later determined that the grantee
knowingly rendered a false certification, or otherwise
violates the requirements of the Drug -Free Workplace
Act, HUD, in addition to any other remedies available
to the Federal Government, may take action authorized
under the Drug -Free Workplace Act.
3. Workplaces under grants, for grantees other than
individuals, need not be identified on the
certification. If known, they may be identified
in the grant application. -If- the grantee does
not identify the workplaces at the time of
application, or upon award, if there is no
application, the grantee must keep the identity
of the workplace(s) on file in its office and
make the information available for Federal
inspection. Failure to identify all known
workplaces constitutes a violation of the
grantee's drug -free workplace requirements.
4. Workplace identifications must include the actual
address of buildings (or parts of buildings) or
other sites where work under the grant takes
place. Categorical descriptions may be used
(e.g., all vehicles of a mass transit authority
or State highway department while in operation,
State employees in each local unemployment
office, performers in concert halls or radio
stations).
5. If the workplacidentified to the agency changes
during the performance of the grant, the grantee
shall inform the agency of the change(s), if it
previously identified the workplaces in question
(see paragraph three).
6. The grantee may insert in the space provided below the
site(s) for the performance of work done in
connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
City Administration Building, 113 West Mountain Street, Fayetteville.
Arkansas, 72701
Check X if there are workplaces on file that are not identified here.
The certification with regard to the drug -free workplace is required by 24
CFR part 24, subpart F.
7. Definitions of terms in the Nonprocurement Suspension
and Debarment common rule and Drug -Free Workplace
common rule apply to this certification.
Grantees' attention is called, in particular, to
the following definitions from these rules:
"Controlled substance" means a controlled substance in
Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further
defined by regulation (21 CFR 1308.11 through
1308.15);
"Conviction" means a finding of guilt (including a plea of
nolo contendere) or imposition of sentence, or
both, by any judicial body charged with the
responsibility to determine violations of the
Federal or State criminal drug statutes;
"Criminal drug statute" means a Federal or non -Federal
criminal statute involving the manufacture,
distribution, dispensing, use, or possession of
any controlled substance;
"Employee" means the employee of a grantee directly engaged
in the performance of work under a grant,
including: (i) All "direct charge" employees;
(ii) all "indirect charge" employees unless their
impact or involvement is insignificant to the
performance of the grant; and (iii) temporary
personnel and consultants who are directly
engaged in the performance of work under the
grant and who are on the grantee's payroll. This
definition does not include workers not oaf the
payroll of the grantee (e.g., volunteers, even if
used to meet a matching requirement; consultants
or independent contractors not on the grantee s
payroll; or employees of subrecipients or
subcontractors in covered workplaces).
STAFF REVIEW FORM •
XX AGENDA REQUEST
CONTRACT REVIEW
XX GRANT REVIEW
For the Fayetteville City Council meeting of April 17. 2001
FROM:
Yolanda Fields
Community Development
Division
ACTION REQUIRED:
Consideration of the 2001 Community Development Block Grant Agreement and
Funding Approval.
COST TO CITY:
$665.000 (revenue)
Cost of this Request
2180.0918.4320.00
Account Number
Project Number
$665.000 (revenue)
Category/Project Budget
$ -0-
Funds Used To Date
$665,000 (revenue)
Remaining Balance
CDBG Grant
Category/Project Name
Grant Funding
Program Name
Community Development
Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
Add,tln ing pager
City Attorney
GRANTING AGENCY:
✓ / 4, 3/2.9/01
Date Zn rna1 Auditor Date
Date
3\ot
ADA Coordinator
I'F.i.T-�
unding Approval and approval of Agreement.
3-21-01
Date
rtment Director xto
V I
pis ratio Services Director
Da�Ce r
Mayor
C:\DATA\BLANKFOR\AGENDA.BLK
Cross Reference
New Item: Yes No
Prev Ord/Res #:
Orig Contract Date:
Orig Contract Number:
FAYETTEVI?LE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Yolanda Fields, Community Development Coordinator
From: Heather Woodruff, City Clerk
Date: April 24, 2001
Attached is a copy of the resolution accepting the 2001 Community Development Block Grant.
have already returned three original copies to your office. The original will be microfilmed and
filed with the City Clerk.
cc: Nancy Smith, Internal Auditor