Staff ReportU.S. Department of Housing
and Urban Development
OMB Approval No. 2506-O1
(Exp. 8/31/2008
STAFF REPORT Hearing Date: June 2, 2009
TO: Mayor and City Council E IDIAN'-
FROM: Matt Ellsworth, Associate City Planner ~
(208) 884-5533
SUBJECT: 2008 Community Development Block Grant Action Plan Amendment,
Public Comment Period
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
As part of the American Recovery and Reinvestment Act of 2009, CDBG entitlement
communities will receive additional funding for the 2008 Program Year. The City of Meridian
is eligible for $64,584.00. Preliminary guidance from HUD indicates that entitlement
communities will be required to submit substantial amendments to their 08' Action Plans for
approval by HUD in order to receive the funds. This amendment sets the groundwork in
anticipation of final guidance from HUD about how to secure the additiona108' Program Year
funding.
2. SUMMARY RECOMMENDATION
Staff recommends closing the extended public hearing comment period that began on Apri121,
2009, the specific project for which was changed on May 19, 2009.
3. SUMMARY OF SUBSTANTIAL AMENDMENT
A. Staff proposes amending the 2008 Action Plan to add a project with two parts:
1. Prepare an income survey for residential service area around 8`" Street Park. The survey is
necessary to confirm that the Park is eligible for expenditure of CDBG funds on a Low-
Moderate Income -Area basis.
2. Devote the remainder of funding to construction of a new pathway over the Five Mile
Creek and through 8th Street Park to connect to 8~' Street and Chateau Avenue.
A copy of the full report can be found online at
http://www.meridiancity.org_/planning zoning/community development/index.asp .
4. PROCESS FACTS
A. Published original public notice April 6, 2009 in the Valley Times and April 8, 2009 in the Idaho
Statesman.
B. Published revised public notice May 25, 2009 in the Valley Times.
5. EXHIBITS
A. Project Map and Design Plans
B. Revised Notice
C. Table of New Project
U.S. Department of Housing
and Urban Development
EXHIBIT A -Project Map and Design Plans
OMB Approval No. 2506-O1
(Exp. 8/31/2008
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U.S. Department of Housing
and Urban Development
OMB Approval No. 2506-01
(Exp. 8/31/2008
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U.S. Department of Housing
and Urban Development
OMB Approval No. 2506-O1
(Exp. 8/31/2008
EXHIBIT B -Revised Notice
NOTICE OF REVISION TO PROPOSED PY08 CDBG ACTION PLAN AMENDMENT
AND EXTENDED PUBLIC COMMENT PERIOD
In anticipation of additional funding for Community Development Block Grant (CDBG) Program
Year 2008 (PY08) that the City may receive pursuant to the American Recovery and Reinvestment
Act of 2009 (Recovery Act), the City proposed an additional project to its funding allocation
priorities for PY08. The proposed project was to install playground equipment and other amenities
in Centennial Park, located at 237 E. Idaho, Meridian. The Department of Housing and Urban
Development (HUD) recently released guidelines on use of Recovery Act CDBG funds. Upon
review of the HUD guidelines, the City has determined that the initially proposed project fails to
meet the intent of the Recovery Act.
For this reason, the City has proposed in its PY08 Action Plan Amendment a different project
in which to invest its Recovery Act CDBG funds. As updated, the proposed project will construct
a 10-foot, multi-use pathway across Five Mile Creek and through 8th Street Park, located at 2235
N.W. 8th Street, Meridian.
The public comment period for the PY08 amendment has been extended, through 5:00 p.m.
on June 2, 2009. During this period, all comments should be addressed to Associate City Planner
Matt Ellsworth, who maybe contacted by mail: City of Meridian, Planning Department, 33 E.
Broadway, Meridian, ID 83642; by phone: (208) 884-5533 (Dial 711 for TTY); by fax: (208) 888-
6854; or by e-mail: mellsworth(a,meridiancity.org. Additional information about the revised
amendment is also available at the Meridian Public Library (1326 W. Cherry Lane), the Meridian
Senior Center (133 W. Broadway Avenue), and in the City Clerk's Office of Meridian City Hall (33
E. Broadway Avenue).
City Council will consider public comments at its regular City Council Meeting at 7:00 p.m. on
June 2, 2009, at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho.
4
U.S. Department of Housing
and Urban Development
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name:
Priority Need:
Project Title
City of Meridian, Idaho
Public Facility
8th Street Park Pedestrian Pathway
OMB Approval No. 2506-O1
(Exp. 8/31/2008 ~
Description
The City will allocate $64,584.00 to construct a new pathway over a recently installed culvert north
of and adjacent to 8th Street Park. The pathway will start at the existing pathway on the north side
of Five Mile Drain, run over the new pedestrian bridge, and connect to both the existing 8th Street
sidewalk and the W. Chateau Avenue sidewalk. The Park is not located in an approved LMI
census block group, so the first step of this project is to prepare a survey confirming that the Park is
eligible and appropriate for expenditure of CDBG funds.
Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic
Opportunity
Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability
Location/Target Area
237 E. Idaho Avenue; Meridian, ID 83642
Census Tract 010321, Block Group 1.
Objective Number Project ID
SL3.3
HUD Matrix Code CDBG Citation
03E 24 CFR § 570.201(c)
Type of Recipient CDBG National Objective
Recipient LMC
Start Date Completion Date
07/01 /2009 12/01 /2009
Performance Indicator Annual Units
Completed Facility 1
Local ID Units Upon Completion
1
Funding Sources:
CDBG
ESG
HOME
HOPWA
Total Formula
Prior Year Funds
Assisted Housing
PHA
Other Funding
Total
$64,584
...................................................................
$64,584
$64,584
The primary purpose of the project is to help: ^ the Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public
Housing Needs
5
OMB Number: 4040-0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
*1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s)
^ Preapplication ®New
® Application ^ Continuation *Other (Specify)
^ Changed/Corrected Application ^ Revision
3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: *5b. Federal Award Identifier:
State Use Only:
6. Date Received by State: 7. State Application Identifier:
8. APPLICANT INFORMATION:
*a. Legal Name: City of Meridian
*b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS:
82-6000225 028 451 367
d. Address:
*Street 1: 33 E. Broadway Ave.
Street 2:
*City: Meridian
County: Ada
*State: ID
Province:
*Country: US
*Zip /Postal Code 83642
e. Organizational Unit:
Department Name: Division Name:
Planning
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: *First Name: Matthew
Middle Name:
*Last Name: Ellsworth
Suffix:
Title: Associate City Planner and CDBG Administrator
Organizational Affiliation:
Staff
*Telephone Number: 208-884-5533. Fax Number: 208-888-6854
*Email: mellsworth@meridiancity.org
OMB Number: 4040-0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
*9. Type of Applicant 1: Select Applicant Type:
C. City or Township Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
*Other (Specify)
*10 Name of Federal Agency:
Office of the Assistant Secretary for Community Planning and Development; Dept. of Housing and Urban Development
11. Catalog of Federal Domestic Assistance Number:
14.235
CFDA Title:
Entitlements
*12 Funding Opportunity Number:
*Title:
N/A
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
City of Meridian; Ada County; Idaho
*15. Descriptive Title of Applicant's Project:
8th Street Park Pedestrian Pathway :This project will construct a new pathway over a recently installed culvert north of and
adjacent to 8'h Street Park. The pathway will start at the existing pathway on the north side of Five Mile Drain, run over the new
pedestrian bridge, and connect to both the existing 8th Street sidewalk and the W. Chateau Avenue sidewalk.
OMB Number: 4040-0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
16. Congressional Districts Of:
*a. Applicant: ID-1 *b. Program/Project: ID-1
17. Proposed Project:
*a. Start Date: 7/1/2009 *b. End Date: 12/1/2009
18. Estimated Funding ($):
*a. Federal $64,584
*b. Applicant
*c. State
*d. Local
*e. Other
*f. Program Income
*g. TOTAL $64,584
*19. Is Application Subject to Review By State Under Executive Order 12372 Process?
^ a. This application was made available to the State under the Executive Order 12372 Process for review on
^ b. Program is subject to E.O. 12372 but has not been selected by the State for review.
® c. Program is not covered by E. O. 12372
*20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.)
^ Yes ® No
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply
with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject
me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001)
® *'' I AGREE
** The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or
agency specific instructions
Authorized Representative:
Prefix: *First Name: Tammy
Middle Name:
*Last Name: De Weerd
Suffix:
*Title: Mayor
"Telephone Number: 208-888-4433 Fax Number: 208-884-8119
* Email: tdeweerd@meridiancity.org
*Signature of Authorized Representative: *Date Signed:
Authorized for Local Reproduction Standard Form 424 (Revised 10/2005)
Prescribed by OMB Circular A-102
OMB Number: 4040-0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
*Applicant Federal Debt Delinquency Explanation
The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt.
IWSTRUCTIONS FOR THE St=-d34
Putrlic reporting ixarden far tlris ion of inftxrraation is estimated b average t3fl per response. including time far revi tardions, search°
existing daze sources, and maintaiting the data needed, anei ~ng and the collection of in .Send: c•~orrrrrwerrts regarding tt-e
n e or arry ether aspect of this ootiection aF " n¢ ir~luding striggesti~s for reducKtg this . to the Qifice of Alanagerraent and Budget.
P work R ion Project {dI346-r~43j, YYashington, [~C 2U~0~.
PLEASE DO NOT RETURN YOUR C4N~APt.ETED FORK Tt7 THE CiFFICE OF MEiiT AND BUDGET- BEND lT TQ THE ADDRESS PROVIDED
8Y THE SPONS~L7RlNG AGENCY.
This 15 a s form (iacl inw doe co .cm sheet) requu+ed fior tie as a carer sheet far s~missz~ ofgr~pphcstzans amd agptzcsti~as and
related discreticoaty programs. Sow of the items are regatired and same ate at the disctelicrn of the applicant or the Federal.
agency (at'?~Y'). Required items are " axitb an asterisk om the form and arc specified im tihe ittstructiaos be}ow. 3n addidan na the itastr+uctiaazs
praricled beio7ar, appticatus must cansuit agency iostructicus no ;~~ specific requiremenzs_
Type at sutarnrssron: trtequveea): erect one type or sumnrssacra n ru
ar~cardance wilt agency ers~uctians.
Preapplic~ion
icazion
Ciaange~Ctxrected Application - I# requested by Iftie t 4
if this submission is tm e a connect a ~ subntitted
. 4inless requested by the agency, appl' may not
use Phis Uo submit changes after the closing date.
Type a# Application: (Requ"red) Select one tg~e of application in t2.
accordance villa utsti•~ctions.
@!zew -Aar alicataat that i5 being "tied ki an agerxy for the
first. tines.
+ Gc+nt~raua#~sra -An ez~ns~ara for an ae&tiiaeeal funding~budget pericxt i3,
~r a aarttlt a project~t date. -^ s ca~a incktde
ren:~wals.
rev elan - R.rry r* the Fe Goaremment's
cb gatiaR ar oingert -lability frara era existing obii+gation_ if a
revisor. enter dre appropriate etter(sj. AAore one may be
selected. #f "Other" is selecb~t, please ~Y in text boar 1~4,
A Increase Award 8. decrease Award
Ce tn~ease D_ t:?ecrease Cvrabcara
E. 4'7daer fsp~ecifyf _-
Name Federaz Agency: {rtequareog ter narare or are
Federal agency frcr4a wtrictr assistance os being reques#ed vriltr
this ap~icatbn.
Catabg O# Federal Domestic Assistance Nurr-berlT~e:
Enter the Gatatvg of Federal _ Assistance and
title of qae program under w#aida assestatace is d, as
hwnd in the program ncerarerr(, if ,
Funding Oppaatunity NumberlTitie_ (Required Enter the
FaAading Opportunity Number and title of opportunity under
arAaicit assistance is requested, as found th the program
ann nt.
Competition ldent~icatian NumberlTitle: Enter the
C.artKaetizion Identification Number and title of the itiaua
under ax+hicfe as is requested. if able.
Areas AttecteU by rrapect: ust the areas or erMa~s usa~
the eaiNsgaries (e.~_, sties, awxaties, states„ etc.} ed at
agency ins ~ ns_ Use the txar~inuation sheet bct seater
addAioeaal areas, if needed.
- Federak agency. - brief descriptive tale aF Ore project. N apprapriabe, a
map sFwwing project location (egg., c:ansUtxtiOra ar rea0
4. Ap~icarrk ldentfter: Enter tits sillily identifier as by the Federal property projeczsj. Fa lens, attach a sxmattary
agency, if any.. ~ applacant°s oorrtrtal number, if be. des of the prajet~.
5a Federal Entity Identifier i=rrter Efire leer as ' ~ your tt3. Congressional Districts O#: (Required] 96a. Enberthe
organization by t#re Federal , 'rf any. s Coragressianal €3islrioL and t@b. Eltzer all Cs(s$
Sta. Federal Award Idteaa!tifier. Far new appli~caticrts leave htardr. Far a a#fected by the program ar .Enter in the ftimrat 2
characters Staff At~reveation - 3 stltaracters District tWumtrer
corttinuat~n or revisit to an existing award, enter the previously
d , e
CA-Uf~i fcsr Calilamia 5r' disia~ct, GA-~~? ? kar Ca ftkmia 12
e
g
assigned Federal award identifier number. tf a ch correcte
afaplicaticn, enter the Federal Iderrtifier ~ acaovdance with agency .
..
distract, NC-1Q3 for North Carolina's ~~~3"' c scr~t.
riastnactians. If cxangressional districts n a stye are ,enter
~. Date Reoehned by State: Cesare tlais C~ki blank. This dale mp be °all` for the district number, e.g_, Mil-alt for aEl
ass' red b Slate, ff a icabte_ sionat districts in AAarytand.
i. 5taite Application 4derrt~er: Leave this field blank. This er « If nationwide, i.e. all districts withiin atl states are atTeczed,
be as " d lay tare Sr~br, 'rF applica#ale. enter US-ail_
If the pvogramf"prajecA as outside the US, enter
8. Applicant Inferrnratlan_ f=ntertt~ follawa'rg eta a tirifh a~enoy
~raStNt~iCns:
a. Legal Name: (Required}: Enter doe legal r-e of t that will
urxiertake kl'ee assestarrce activity. This is the mate that the ~anzation
has regi villa the Central Coniraclur Registry. In~rmatioea an
r~isterinst wnh CGR may be abtaated by visit~a the Grants acv vwabsite
b_ Errgrloy~erlTaxpayer Number {EIN(T!N}: (Requiredl: Enter the
r ar Taxpayer mdentficatisart Nurnk~r {EIN ~ TIIV1,as assigned by
the Iremai R Service. tf yanar ort}anizatitaa is rat ~ °he tJS. erNer
4-0.4414444.
c. Organizational DUNS: (Required] Enter the arganiaatan's DUNS or
ljllNS+4 received from Glun and Bradstreet. to '+on an
a GatJNS may be obtained by vtsitthg the GraMs_gov
webstte.
d_ Atddress: Enter the c+omptebe oddness as tioltaws: Street address
t ). Oily j#4equ~ed~, Caasaty. State (Required< ctxmtry is US),
e, Catrnlry (Required]. ZipVPastal Cade (Required. if cauniry is
t!S}~
e. Organizational Unit: Enter the narr~ ~ the primary argarr¢atranal
unit (and d+epartnterrt or division. if applicata&e) drat wit! undeatake the
Proposed Project Mart and End Dataes: ( ~ d} Enter the
pmpczsed start date and end dabs of Nee
~ bo be oanlribuzed during the first fundir-~budget period by
each caratribu_ Value of in-i:ind s shauki be
included an appropriate , as applicable_ tf the will
resuk in a dt3Ua change to an existing , ` .rte only the
amount of the change. For detxeases, edaclose lire amounts in
pheses.
fs Application Subject #o Review b7f Stabs tinder Eaoecutive
Order 12372 Process? nts strould coedat~ the State.
Single Pond of Contact (SPOCj for Federal ExecuDrre Onier
12372 ka determine whether fibs is to the
t. tame ancr contact rnrorntanon oro persc~t to tae contac:tect
matters insmytvarg this. applica~onc Eater ttse Warne (F"rs# and last name
re~quired?~ erg~izaAiona# atfilia4ian (~# a6~iated rriNa an organiration
than the appl r..ant araanizaticn~, teleptkane nunber ~Required~. tax fit}
, acrd era; address ~Requirett~ at ttre persona to intact crn
matters rela6ect to this lication_
Select tc Three applicant $$ ~ aecxxdanoe witba
€nstructioras.
l3. County+C,ov~nnaerat
~_ City car Toaarastaip Government
Dw Special Clistrici Cxavemrnent
E. Regional 0 n
t=_ &.t_S_ Teary or R~sessiora
~s. badep S~uool District
Hn P State Cartrrolted
tnst ~ of Higher Ed
1. iaadiana'Native American Tritaa9
Government ~Federay
Re )
Jm iradiantN~ive American Tritaat
.+"~overnment ~4ther than
Federally Recxagnized~
If, indlaNNative American
Tribally D
z,~bn
t_. P In " Housing
Authority
Stators $R31her it-~a Institu~xa
at Higher Educ~iora~
!~. Nor,~ofi>> vrithout 5t3'1~3 Ik2S
Status ~~fher fns .
at -Tier E~rc~i~aet}
C}. Private Ih ~ of ": r
Educat+tm
P, Iradtvicbai
~, Far-Pn~it LJrganaad~cjn
~Dtlaerthan Srsaall t3usine-ssp
R. Smalll3usiness
S. Hspar~c- bstitu6an
T. Hasiorically Black C s
and Urkversites (HBGUs}
Trabal#y a~olleges
and Urasversities ~TCGUsp
1l. Alaska hlative clad Pia6ve
Haarraiaara Serving Irestihftians
41f. t+brr-d~n~stic (ncm-i1S~
Entit}r
3t. at6aer SsP'e°City1
Starte in~rgovern review pracess_ the
to bax. It `a.' selected, entex the daDe
bn was submitted to the State
Is the /4p~rlicant DeNnqu~ent cxr any Fe~erat Debt?
(Required Select iflae appropriate ta3ac_ This questaora ties tea
e apples cr~arti . nat a+rhE~ signs as the
authorized repte . C of debt include
del nc~uent audit d~ nces, bans ark! taxes..
CERTIFICATIONS
(1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing,
which means that it will conduct an analysis to identify 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 the analysis and actions in this regard.
(2) Anti-displacement and relocation plan. The jurisdiction will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24; and it has in
effect and is following a residential anti-displacement 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 CDBG-R.
(3) Drug Free Workplace. The jurisdiction will or will continue to provide adrug-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 maybe 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. 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 adrug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5 and 6.
(4) 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.
(5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs
for which it is seeking funding, in accordance with applicable HUD regulations and other program
requirements.
(6) Consistency with Plan. The housing activities to be undertaken with CDBG-R funds are consistent
with its consolidated plan.
(7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135.
(8) Community development plan. The jurisdiction certifies that the consolidated housing and
community development plan identifies housing and community development needs and specifies both
short-term and long-term community development objectives that have been developed in accordance
with the primary objective of the statute authorizing the CDBG program.
(9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved
by HUD.
(10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priority
to activities that will benefit low- and moderate-income families or aid in the prevention of slums or
blight. Additional activities maybe included that are designed to meet other community development
needs having particular urgency because existing conditions pose a serious and immediate threat to the
health or welfare of the community where other financial resources are not available to meet such needs
It has complied with the following criteria:
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1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R
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 fmancial resources are not available);
2. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG-R 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-R
funds are used to pay the proportion of a fee or assessment attributable to the capital costs of
public improvements (assisted in part with CDBG-R funds) fmanced from other revenue sources,
an assessment or charge maybe made against the property with respect to the public
improvements financed by a source other than CDBG-R funds. The jurisdiction will not attempt
to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG-
R 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
maybe made against the property with respect to the public improvements fmanced by a source
other than CDBG-R funds. In addition, with respect to properties owned and occupied by
moderate-income (but not low-income) families, an assessment or charge maybe made against
the property with respect to the public improvements fmanced by a source other than CDBG-R
funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment.
(11) Excessive Force. The jurisdiction certifies that 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 that is the
subject of such non-violent civil rights demonstrations within its jurisdiction.
(12) Compliance with anti-discrimination laws. The CDBG-R grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair
Housing Act (42 U.S.C. 3601-3619), and implementing regulations.
(13) Compliance with lead-based paint procedures. The activities concerning lead-based paint will
comply with the requirements of part 35, subparts A, B, J, K, and R of this title.
(14) Compliance with laws. The jurisdiction will comply with applicable laws.
(15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the
American Recovery and Reinvestment Act of 2009.
(16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects
that can award contracts based on bids within 120 days from the date the funds are made available to the
recipient, and that will ensure maximum job creation and economic benefit.
(17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG-R funds for
infrastructure investments, the grantee will give preference to quick-start and finish activities, including a
goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery
Act.
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(18) Buy American provision. The jurisdiction will ensure that all iron, steel and manufactured goods
used in construction, alteration, repair, or maintenance of a public building or public work project assisted
with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secretary
finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably
available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the
project cost by more than 25 percent.
(19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief
executive, as appropriate certifies, that any infrastructure investments have received the full review and
vetting required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official
certifies that infrastructure investments will receive the full review and vetting required by law and that
the chief executive accepts responsibility that the infrastructure investment is an appropriate use of
taxpayer dollars.
(20) 70% of CDBGR for LMI. The aggregate use of CDBG-R funds shall principally benefit persons
of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for
activities that benefit such persons over the life of the CDBG-R grant.
Signature/Authorized Official
Title
Date
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OPTIONAL CERTIFICATION
CDBG-R
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):
Where the urgent need is the current economic conditions, the grantee certifies that the activity is
alleviating current economic conditions which pose a threat to the economic welfare of the
community in which the activity is being carried out, the recipient is unable to finance the activity on
its own, and other sources of funding are not available.
Signature/Authorized Official
Date
Title
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