HomeMy WebLinkAbout92-03 RESOLUTION•
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RESOLUTION NO.92-03
A RESOLUTION APPROVING THE GRANT AGREEMENT FOR
TI -IE REMAINING FIVE HUNDRED SIXTY THOUSAND
DOLLAR ($560,000.00) BALANCE OF THE 2003 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the Grant Agreement for the remaining Five Hundred Sixty
Thousand Dollar ($560,000.00) balance of the 2003 Community Development
Block Grant (CDBG), with total yearly allocations to the following area agencies
and projects:
➢ Habitat for Humanity
Seven Hills Homeless Shelter
NOARK Girl Scouts
Fayetteville Public Library
Fayetteville I lead Start
$50,000.00
$25,000.00
$6,600.00
$33,000.00
$14,100.00
PASSED and APPROVED this 1st day of July, 2003.
B
APPROVED:
By:
DAN COODY, Mayor
�t
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CITY OF FAYETTEVILLE
2003
'CONSOLIDATED ACTION PLAN
"Helping to Make a Better Community"
Submitted November 1 5. 2002
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONSOLIDATED ACTION PLAN - 2003
COMMUNITY PROFILE
The City of Fayetteville, county seat of Washington County, is located in the northwestern part
of Arkansas and is regarded as the business and cultural center of the Metropolitan Statistical
Area for Benton and Washington Counties, which has an estimated population of approximately
311,000. Fayetteville is situated near the tallest of the mountains in the Ozark Mountain Range
and is the fourth largest city in the state. It is located approximately 185 miles northwest of
Little Rock, Arkansas, 125 miles east of Tulsa, Oklahoma, 350 miles northeast of Dallas, Texas,
and 210 miles south of Kansas City, Missouri. Fayetteville and Northwest Arkansas region have
gained a national reputation as one of best places in the country to live and raise a family. The
City and the region are experiencing rapid population growth and an increasing number of
visitors. Fayetteville's population has increased from approximately 20,000 in 1960 to 58,047
according to the 2000 census.
The City was settled in 1828 and was incorporated on August 23, 1870. The City operates under
a Mayor -Council form of government, in which a Mayor, City Attorney, City Clerk/Treasurer,
Municipal Judge, and eight Aldermen are elected. Based on the population thresholds in
Arkansas law, City Council adopted an ordinance that provides for staggered aldermanic terms.
Beginning with the 2000 election, all terms for elected officials are four years.
• •
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/AIDS) 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.
Attainable housing has become a topic of great concern for this division. Housing costs in
Northwest Arkansas have increase at a considerable rate throughout the past 10 years according
to the latest round of information from the 2000 Census. The cost of the median mortgage
payment in the City of Fayetteville remains the highest in Northwest Arkansas at $916, an
increase of 45 percent. It is the highest median mortgage payment of any city in Northwest
Arkansas and 24 percent higher than the state median of $737. The City of Fayetteville,
Community Development program will work on the development of a plan to bring Attainable
housing to the City of Fayetteville. This office is working with the Northwest Arkansas Housing
Coalition (NAHC) and the committees of the organization to build a relationship with the local
Public Housing Office. The HUD provided Technical Assistance will be a very important
component in reaching the Attainable Housing goal.
Analysis of Impediments to Fair Housing The city is in the process of updating its "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 Program. The Taxi Voucher program provides subsidized cab fare for our city's
elder citizens, allowing an 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.
Public Facilities - Community Needs CDBG has historically supported community services
facilities projects in Fayetteville. Through the last decade, CDBG dollars have assisted
construction, renovation or development 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.
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Community Development Focus in 2003
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.
One formal public hearing was held to present and discuss proposed CDBG activities for fiscal
year 2003. The meetings were well attended by non-profit agency representatives and the media
but citizen attendance was low. Community Development staff has been active in the
presentation of program information. information was provided during National Community
Development Week. Community Development program information is presented at local agency
meetings on a regular basis. Program literature in Spanish was requested and received. City of
Fayetteville program information and forms have been translated into Spanish.
In accordance with Fayetteville's Citizen Participation Plan, the 2003 Consolidated Action Plan
is submitted for a 30 day citizen review period. Citizen comments on the plan are encouraged
and may be submitted to:
Citizen Comments:
Yolanda Fields, Director
City of Fayetteville Community Resource Division
113 West Mountain Street
Fayetteville, AR 72701
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 of community partnerships with outstanding local
entities with expertise in specialized housing activities. This cooperation will further the
Attainable Housing effort in the City of Fayetteville.
•
i
NAME OF FILE: Resolution No. 92-03 w/Consolidated Plan
CROSS REFERENCE:
Item #
Date
Document
1
06/18/03
Staff Review Form w/attachments
2
draft resolution
memo to city council
copy of
Consolidated
US Dept of Housing
Plan Listing
& Urban
of Proposed
Dvlpmnt
Projects
CPD
copy of funding source
copy of Target A
copy of Low/Mod Income Households
copy of Housing Tract
copy of Minority Households
copy of Owner/Renter Occupied
copy of Map Layers
copy of certifications
copy of Anti -Lobbying
copy of Specific CDBG Certifications
copy of Optional Certification-CDBG
copy of Specific Home Certifications
copy of ESG Certifications
copy of HOPWA Certifications
copy of Appendix to Certifications
copy of Application for Federal Assistance
2
07/08/03
memo to Yolanda Fields
NOTES:
STAFFVIEW FORM -FINANCIAL OBLIGATION •
XXX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: July 1 st, 2003
45
-1///9)
9 Z- 03
2003 CAB G
FROM:
Yolanda Fields
Name
Community Resources Community Planning
Division Department
ACTION REQUIRED: Acceptance of the 2003 Community Development Block Grant (CDBG) allocation of $560,000.00.
COST TO CITY:
Cost of this request
Account Number
Project Number
CDBG Funding
Category/Project Budget Program Category / Project Name
$-0- Community Development
Funds Used to Date Program / Project Category Name
$560,000.00 Community Development
Remaining Balance Fund Name
BUDGET REVIEW:
Budgeted Item Budget Adjustment Attached
Budget Manager Date
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
City Attome
Department Director
Finance & fntemal Services Dir.
Chief Aive OfficerfOtedv
Daaple Internal Auditor Date
1Uer_t
1Date Purchasing Manager Date
Date
b—lQ'O�
Date
lD-8.03
Dale
Received in Mayor's Office
Cross Reference
Previous Ord/ResI:
Orig. Contract Date:
Orig. Contract Number:
Staff Review Form - Page 2
Date
Yes No
Description Approval of 2003 Community gr elopment Block Grant allocation Meeting D) July Ist, 2003
Comments:
Budget Manager
Accounting Manager
•
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
Reference Comments
•
RESOLUTION NO.
A RESOLUTION APPROVING THE GRANT AGREEMENT FOR
THE REMAINING FIVE HUNDRED SIXTY THOUSAND
DOLLAR ($560,000.00) BALANCE OF THE 2003 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the Grant Agreement for the remaining Five Hundred Sixty
Thousand Dollar ($560,000.00) balance of the 2003 Community Development
Block Grant (CDBG), with total yearly allocations to the following area agencies
and projects:
D Habitat for Humanity
➢ Seven Hills Homeless Shelter
➢ NOARK Girl Scouts
D Fayetteville Public Library
➢ Fayetteville Head Start
$50,000.00
$25,000.00
$6,600.00
$33,000.00
$14,100.00
PASSED and APPROVED this 1st day of July, 2003.
FAYETTEVI PLE
IMI CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: June; 11, 2003
TO: The Mayor and Council
FROM: Hugh Earnest
Chief Administrative Officer
•
SUBJECT: Acceptance of 2003 Community Development Block Grant Award Balance
Background
Fayetteville has been an Entitlement City in the Community Development Block Grant (CDBG)
Program since 1975. The grants arc based on a formula allocation that takes into account such
factors as population, percent of low/moderate income persons and the number of housing units.
Each year the Community Resources Division submits an annual "Action Plan" and funding
request to the U.S. Department of Housing & Urban Development (HUD) for CDBG funding.
The plan is published for a 30 day public comment period and submitted to HUD for approval.
The City of Fayetteville's Consolidated Action Plan (CP) has been approved for fiscal 2003.
Grant amounts vary each year dependent on funding levels authorized by Congress through the
annual federal budget process. The grant amount for the 2003 program year is $777,000.00. A
current balance of $560,000.00 remains to be transferred pending council's acceptance. These
funds will be utilized for grant administration and program costs related to the Housing
Rehabilitation, Emergency Repair and Elderly Transportation Service. We have attached a copy
of the current city Consolidated Plan (CP) that lists the programs submitted by the city for funding
that have now been approved for this fiscal year.
2003 CDBG award agreement
$777,000.00
Partial award allocation $217,000.00
• Award advance approved by Council on April 15, 2003
Balance of 2003 CDBG award to be transferred
Current Status
The council is being asked to approve the grant agreement for the remaining balance of the 2003
Community Development Block Grant.
Recommendation
The staff recommends acceptance of 2003 CDBG award agreement.
CONSOLIDATED ACTION PLAN - 2003
L AVAILABLE RESOURCES
A. Resources- Federal /State The City is the recipient of only one formula grant
program, the Community Development Block Grant. 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 2003 will be
approximately $778,000.
B. Resources - Municipal Government
The City's Street Division has estimated $30,000 for street overlay and repair of streets located
in the designated Community Development Target Area. The City's Budget Division has
budgeted approximately $8,000 for maintenance of city -owned buildings occupied by area non-
profit agencies performing public service activities.
II. 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 to $20,000
• Emergency Repair up to $5,000
• Mobile Home emergency repair up to $3,500
The program provides labor, materials, project management, Lead Based Paint (LBP)
Hazard Control, and other associated costs to bring a home into compliance with State
and 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. $340,888 is allocated and includes salary and program
delivery costs for management and oversite of all housing programs, design and studies.
Location: Citywide, applicants are prioritized 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. This program will assist about 30 eligible
families.
• Housing Design and Fair Housing Study
This allocation will provide an updated "Analysis of Impediments to Fair Housing".
This study will provide valuable housing information which will be utilized to ensure
compliance to the Section 808 of the Fair Housing Act and will assist in reaching the• goal
attainable housing. In addition, a design for attainable housing will be developed and a
home will be built. This project will serve as a model for the Attainable Housing
program. $100,000 will allocated for these components.
• Habitat for Humanity of Fayetteville, AR, Inc.
Habitat for Humanity (HFH) mission to eliminate poverty housing. HFH was chartered
in December 1992 and has completed seventeen (17) houses that have housed 50 children
and 20 adults. HFH is builder and mortgage lender, homes sold at no -profit and no -
interest. Funding mostly from donations, club pledges, religious community, fund for
HFH homeowners principle payments, community organizations and in-kind donations.
Participants are in the 30-50% of median income range. Their monthly payments are 20-
25% of their monthly gross income including taxes and insurance. CDBG funds
allocated - $50,000.
Revenue Sources:
Wal-Mart Shoe/Jewelry Divs. Golf Tournament 54,000
15,000
Dr Scholl's H
FH Tin Cup 5K Run/Walk 10,000
Covenant Church Commitment3,000
Clubs/organizations 3,000
Carpenters Club pledges 5 55,000
Unspecified donations
B. Public Services
• Seven Hills Homeless Shelter
This project provides essential services (including meals, shelter, transportation, showers,
phone, laundry, clothing; etc.) and case management services to homeless men, women
and children in an effort to enable them to return to a stable, self-sufficient lifestyle.
Seven Hills is a dual-purpose facility. Providing a safe, supportive drop-in day center
environment where men, women and children can come to gather resources, set plans,
and move forward toward jobs, housing, and self-sufficiency. In winter, providing
emergency cold -weather night shelter. In addition, the Transitional Housing program for
men at Seven Hills provides eight residents with three to six month's room, board, life -
skills training, life coaching, and other assistance to support their progress toward stable,
independent living.
The center currently serves an average of over 40 persons per day. To date, 42 men have
been placed in the Transitional Housing Program, which provides life -skills training in
the areas of money management, anger management, and health for eight men at a time.
They also receive weekly private goal-setting/progress sessions with a life coach, as well
as 24-hour staff support in a drug and alcohol free environment.
Location: 1561 W. 6th
Revenue Sources: 45,600
Private Foundation Grants 48 600
Individual contributions
Church contributions 12,000
Program fees 6,000
Fundraising events 5,200
Corporate Support 30,000
In-kind support 90,000
• Fayetteville Elderly Taxicab Program
This program provides an alternative transportation choice for elderly residents of
Fayetteville through subsidized cab fare. 200 elderly, low to moderate individuals will be
served by this transportation program. CDBG funds allocated - $40,000.
Location. Citywide
• Girl Scouts of NOARK Council
Project Every Girl seeks to involve girls residing in the Southeast Fayetteville Target area
in the Girl Scout program. Southeast Fayetteville is an under -served area as it is difficult
Recruit volunteer leadership and involve girls in what would be considered a "traditional
troop". This particular project will be a staff -lead group (girls of all ages). Girls will
meet twice a week in southeast Fayetteville. Key to the Girl Scout program is girl
planning. The goals of the project are 1. Develop insight to individual potential;
2. Learn to relate to others with understanding, skill and respect; 3. Develop values to
guide actions and provide the foundation for sound decision making; 4. Contribute to
the improvement of society through the use of abilities and skills while working in
cooperation with others. CDBG funds allocated - $6,600 and a $3.300 match.
• Fayetteville Library
This program will provide Spanish language materials and outreach/programming to the
community. Funds will be utilized to purchase literacy and Spanish language materials
for adults and children. Program development will include outreach and activities to
improve services to our community at large. Program will benefit low and moderate
income persons to improve their reading and language skills. This project will match
$13,000 of CDBG funds with $5,842 in-kind funding. City of Fayetteville has
experienced an increase in the Hispanic population. The concentration is in the CD
Target Area, which is designate low to moderate income. This program would provide
training which is needed by this population.
This program will provide the technology to improve access to information for the
disabled citizens of our community. Focusing on both the visually impaired and those
with physical disabilities that make physically manipulating a book or computer difficult,
this grant will allow us to improve the literacy rates of this segment of our community.
This project will match $20,000.00 of CDBG funds with $6,141.00 in-kind funding.
According to the 2000 census, 12.5% of the population of Fayetteville between the ages
of 5-20 years has a disability. Also 15.2% of the population aged 21-64 and 44.6% of the
population over 65 have disabilities. The need for this project is particularly important
given that illiteracy rates within this community can be shockingly high. For example,
according to the Arkansas Chapter of the National Federation for the Blind, 12% of blind
students who graduate from high school are illiterate.
Location: 217 East Dickson
C. Public Facilities - Community Needs
• Walker Park Playground Equipment
$60,000 replacement of unsafe playground equipment at Walker Park. Walker Park is
located in the Target Area.
Location: 10 W. Fifteenth Street
• Fayetteville Head Start
This project will enhance the outdoor curriculum area to better provide and promote a
higher quality, safe comprehensive child development activities that will promote social,
mental and physical competence. 3-5 year olds from low to moderate income families
will be able to utilize the improved outdoor area. This project will match $14,100.00 of
CDBG funds with $11,335.00 from the Fayetteville Head Start Program.
Location: 2052 S. Garland
D. Administration and Indirect Costs
Administration funds are used for the salary and benefits of the Community Development
Director, administration staff, office supplies, travel and training costs, some Fair
Housing activities and other costs associated with administration of community
development activities. Indirect costs are those charged by the City for office space,
maintenance and services provided by other City divisions. $108,412.00 is allocated.
Location: City Engineering Building, 125 West Mountain Street
III. Monitoring
Community Development Programs will be monitored by the Community Development
Division and other City of Fayetteville Divisions to ensure long-term compliance with
federal, state and local regulations and statutes. Goals and objectives outlined in the
Consolidated Plan will be reviewed periodically by the Community Development staff to
ensure compliance to plan.
Housing Programs will be monitored by the CD Housing Program staff and the City of
Fayetteville Building Safety Division, when needed for compliance to building ordinances.
All building ordinances must be met prior to final payment on all housing rehabilitation
projects. Follow up visits will be made to all moderate rehabilitation project sites.
Public Facilities Improvements will be monitored by the Community Development staff
and a professional playground equipment inspector from the City of Fayetteville Parks and
Recreation Division. This will ensure compliance to the codes which govern the
installation of playground equipment and the project contract and specifications.
Public Service Activities Sub -recipient agreements will be required for all public service
activities. Monitoring area will include program performance, financial performance and
regulatory compliance. Sub -recipient agreements will require documentation of activities
and results. In addition, agreements will require an estimated project schedule and a
project completion date. Agreement will outline procedures to be followed in the case a
non-compliance situation may occur.
IV. Lead-Based Paint Hazards
Rehabilitation projects are evaluated and tested for lead-based paint hazards in accordance
with the City of Fayetteville lead-based paint policy. The policy has been established
based on current federal regulation for lead-based paint. This policy will be reviewed on
an annual basis by CD staff.
•
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Funding Sources • •
Entitlement Grant (includes reallocated funds)
CDBG $778,000
ESG $0
HOME $0
HOPWA $0
Total
$778,000
Prior Years Program Income NOT previously programmed or reported
CDBG $0
ESG $0
HOME $0
HOPWA $0
Total I $0
Reprogrammed Prior Years' Funds
CDBG $0
ESG $0
HOME $0
HOPWA $0
Total $0
Total Estimated Program Income $0
Section 108 Loan Guarantee Fund $0
TOTAL FUNDING SOURCES $778,000
Other Funds $0
Submitted Proposed Projects Totals $778,000
Un-Submitted Proposed Projects Totals $0
CPD Consolidated Plan/Budget Summary FY2003
City Progam
Number
Program
Budgeted 2003
4930
Administration
108,412.00
4940
Housing
490,888.00
4960
Public Services
104,600.00
4990
Public Facilities
74,100.00
Total 2003 Grant Request
778,000.00
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L 0.00 to 1.80
_ 1.60 to 2.80 ,: y
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4.00 to 20.00
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Owner/Renter Occupied (Tract)
1600
I GREENLAND. i .. ;0 HU Owner Occupied
�' nJ HU Renter Occupied
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;
Notifying the employee in the statement required by paragraph I 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. Notifying 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.
S •
Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief:
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;
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 135.
Mayor
Title
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in 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:
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;
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.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG 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.
Date
Mayor
Title
OPTIONAL CERTIFICATION
CDBG
Submit the following certification only when one or more of the activities in the action plan are designed to
meet other community development needs having a particular urgency as specified in 24 CFR
570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-
assisted activities which 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 to meet
such needs.
Wa
01
Title
SpAc HOME Certifications •
The I TOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental
assistance:
The use of HOME funds for tenant -based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and
availability of decent, safe, sanitary, and affordable housing.
Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as
described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME
funds for prohibited activities, as described in § 92.214.
Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in
accordance with the guidelines that it adopts for this purpose and will not invest any more HOME
funds in combination with other Federal assistance than is necessary to provide affordable housing;
Date
Mayor
Title
*G Certifications •
The Emergency Shelter Grantee certifies that:
Major rehabilitation/conversion -- It will maintain any building for which assistance is used under the ESG
program as a shelter for homeless individuals and families for at least 10 years. If the jurisdiction
plans to use funds for purposes less than tenant -based rental assistance, the applicant will maintain
any building for which assistance is used under the ESG program as a shelter for homeless
individuals and families for at least 3 years.
Essential Services -- It will provide services or shelter to homeless individuals and families for the period
during which the ESG assistance is provided, without regard to a particular site or structure as long
as the same general population is served.
Renovation -- Any renovation carried out with ESG assistance shall be sufficient to ensure that the building
involved is safe and sanitary.
Supportive Services -- It will assist homeless individuals in obtaining appropriate supportive services,
including permanent housing, medical and mental health treatment, counseling, supervision, and
other services essential for achieving independent living, and other Federal State, local, and private
assistance.
Matching Funds -- It will obtain matching amounts required under §576.71 of this title.
Confidentiality -- It will develop and implement procedures to ensure the confidentiality of records
pertaining to any individual provided family violence prevention or treatment services under any
project assisted under the ESG program, including protection against the release of the address or
location of any family violence shelter project except with the written authorization of the person
responsible for the operation of that shelter.
Homeless Persons Involvement -- To the maximum extent practicable, it will involve, through employment,
volunteer services, or otherwise, homeless individuals and families in constructing, renovating,
maintaining, operating facilities, and providing services assisted through this program.
Consolidated Plan -- It is following a cunt HUD -approved Consolidated Plan or CHAS.
Official
Mayor
Title
*WA Certifications •
The HOPWA grantee certifies that:
Activities -- Activities funded under the program will meet urgent needs that are not being met by available
public and private sources.
Building -- Any building or structure assisted under that program shall be operated for the purpose specified
in the plan:
1. For at least 10 years in the case of assistance involving new construction, substantial
rehabilitation, or acquisition of a facility,
2. For at
least 3 years
in
the case of assistance involving non -substantial rehabilitation or
repair
of a building
or
structure.
Mayor
Title
APPENDIX TO CERTIFICATION
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 workplace identified 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 spac.ovided below the site(s) for the perforr.e 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.
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 on 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).
Application for Federal • •
Assistance
2. Date Submitted Applicant Identifier
11/15/01 B -03 -MC -05-0001
1. Type of Submission'. 3. Date Received by State State Application Identifier
Application: Construction
Preapplicatimn: Non - ConsWction 4. Date Received by Federal Agency Federal Identifier
5. Applicant Information
Legal Name Organiralional Unit
City of Fayetteville Municipal Government
Address Contact
113W Mountain Ydanda FieUs, CD Director
Fayettevil$e, AR 72701 (501) 575-8290
Washington
6, Employer Identification Number (EIN): 7. Type of Applicant
71-601846
Municipal
8. Type atApplication
Type: Nov
9. Named Federal Agency:
US Dept of HUD
10. Catalog of Federal Domestic Assistance Number: 11. Descriptive Title of Applicants Project
Catalog Number: 14218 Community Development
Assistance Tide: Community Development Block Grant
12. Areas Affected by Proect.
Fayetteville, AR
13. Proposed Protect. 14. Congressional Datncts of.
Stan Date Start Date a. Applicant b. Project
01101/02 12/31/03 3 3
15. Estimated Funding' 18. Is Application Subject to Review by State Executive Order 12372 Process?
a. Federal
$778.000 Review Status: Program covered
b. Applicant Date'.:
$0
c. State
$0
d. Local 17 Is the Applicant Delinquent on Any Federal Debt?
$0
No
e. Other
$0
I. Program Income
g Total
$ 778,000
18. To the best of my knowledge and belief. all data In this applicabon/preapplitabon are true and coned, the document has been duly authorized
by tie governing body of the applicant and me applicant will comply with the attached assurances tithe assistance Is awarded.
a. Typed Name of Authorized Representative b. Tide c. Telephone Number
Dan Coolly Maya (501)575-8330
d. Signature of Au lip w e. Dam S ned
4102
FAYETTEVI tLE
THE CITY OF fAYETTEVRIE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Yolanda Fields
Community Resources
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: July 8, 2003
Re: Res. No. 92-03
Attached is an executed 'copy of the above resolution approved by the City Council on July 1,
2003, approving the 2003 Community Development Block Grant application in the amount of
$560,000.00.
I'm returning to you the original of the plan and the grant application. A copy will be filed with the
resolution in the city clerk's office.
If anything else is needed please let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor