HomeMy WebLinkAbout1779 RESOLUTION NO. 1779
A RESOLUTION authorizing the filing of a
final application with the Department of
Housing and Urban Development, United
States of America, for a Comprehensive
Program Block Grant under the Small
Cities Program of the Housing and Com-
munity Development Act of 1974, as
amended, Title I, Subpart F.
WHEREAS, the Secretary of Housing and Urban Development is
authorized to make grants for the acquisition, construction, reconstruction
and rehabilitation to meet the needs and objectives of a Municipalities
Community Development Program which would substantially benefit low and
moderate-income families;
WHEREAS, the City is legally empowered to enter into grant
agreements pursuant to RCW
WHEREAS, it is required by the Department of Housing and Urban
Development, that the applicant guarantee successful and timely completion
of the project to the satisfaction of the Department of Housing and Urban
Development;
WHEREAS, it is required by the U.S. Department of Housing and
Urban Development in accord with the provisions of Title VI of the Civil
Rights Act of 1964, that in connection with the filing of an application
for assistance under the Housing and Community Development Act of 1974, the
applicant gives assurance that it will comply with Title VI of the Civil
Rights Act and the U.S. Department of Housing and Urban Development requtre~
merits for citizen participation, and all other requirements thereunder;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM~ISSIONERS OF THE
CITY OF BREMERTON, WASHINGTON
1. That the Mayor of Bremerton, Glenn K. Jarstad, is authorized
to execute and file a final application on behalf of the City of Bremerton,
with the U.S. Department of Housing and Urban Development, to aid in the
financing of a Comprehensive Community Development Program.
2. That the Mayor, Glenn K. Jarstad, is authorized to execute
and file with such application an assurance or any other document required
by the U.S. Department of Housing and Urban Development effectuating the
purposes of Title VI of the Civil Rights Act of 1964, or for any other
requirements of the Housing and Community Development Act of 1974.
3. The City of Bremerton further cerifies that it shall comply
with the "U.S. Department of Housing and Urban Development Community Devel-
opment Block Grant Small Cities Program Assurances" (Form HUD-7088), which
is attached hereto and made a part hereof.
4. That Robert D. Theroux, Grants Administrator, is authorized
to furnish such additional information as the Department of Housing and
Urban Development may require in connection with grant application for
the project.
PASSED AND APPEOVED on this 7th day of September, 1978.
CITY OF BREMERTON
GLENN K. JARSTAD, Mayor
ROBERT B. STEWART, Commissioner of
Finance
TOM SWANSON, Commissioner of Public
Works and Utilities
ATTEST:
KATHLEEN L. MANDIO, City Clerk
.. Department of Housing and Urban Deve] ent
Community Develepment Block Grant
Small Cities Prigran
Assurances
The a~pllcant hereby assures an~ certifies that:
(a) It possesses legal authorit!~ to apply for the gr~nt, a~ to execute the
proposed program.
(b) Its 9overni.ng [x~y has duly adopted or passed as an official act a rese-
lution, motion or sLmilar action authorizing the filing of the application,
including all understandings and assurances contained therein, ar~ directir~ an~
authorizing the person identified as the official representative of the applicant
to act in connection with the application and to provide such additional informa-
tion as may be required.
(c) It has ce~Dlied with all the requirements of OMB Circular NO. A-95 as
modified by 24 CFR 570,435 and that either:
(1) Ar~ comments and recce~endatiens ~ade by Or thr(~]gh clearingh~ses are
attached and have been considered prior to submission of the application; or
(2) The required procedures have been followed and no cc~ments or rec(~mmenda-
tions have been received.
(d) If an applicant is suk~itting an application for a Small Cities Compre-
hensive Grant, the applicant has:
(1) Prepared a written citizen participation plan, which:
(i ) Provides an opportunity for citizens to participate in the dovelc~ment
of the application, encourages the subnission of vim an pr~oosals, particularly
by residents of blighted neighborhoods and citizens Of 1~- aud moderate-inc~ne,
provides for timely re~-ponses to the proposals submitted, and schedules hearings
at times and locations which permit broa~ participation;
(ii) Provides citizens with edeguate information concerning the amount
funds available for pr{~posed c~mn~ity development and housing activities, the
range Of activities that may be undertaken, and Other important prigran reguire-
ments;
(iii) Pr~ides for public hearings to obtain the vim of citizens on
nity devel(~nent an~ housing needs; and
(iv) Provides citizens with an opportunity to submit ccem~ents concerning the
c~mm~/nity devel(~rent performance of the applicant.
(2) Followed this plan in a manner to achieve full participation of citizens
in development of the application. The applicant &hall also foll~ this plan to
achieve full citizen participation in all Other stages Of the program.
If the applicant is submitting an a~plicatlon for a Small Cities Single Pur~x~e
Grant, the applicant:
(1) Mas prepared and fol](~ed a written citizen participation plan that meets
the requireT~nts of 24 CFR 570.431(c), ar~ shall follow this plan to achieve full
participation in all stages of the program;
(2) Has provided c~_,zens with an _opportunity to participate the determi-
nation of priorities in cc~runity development and housing needs;
(3) Has prgvided adequate notices of public hearings as regu_ired by the
written plan;
(4) Bas held hearings on the propreed application before adoption of a reso-
lution or similar action by the local governing body authorizing the filing of
the application;
(5) Will provide for citizen participation when considering amendments to the
Cc~m~mgity DeveloFment program and the Housing Assistance Plan; and
(6) Will provide for citizen participation in the planning, i~.le~entstion
and assessment of the Creamunity Development Prngram including the develc~nt of
the Grantee Performance Report ar~ the su~ission of vim to the HUD Area Office.
(e) Its chief executive officer Or other officer Of a~plicant abproved by
FSD:
(1) Consents to assu~ the status of a responsible Federal official under the
Nations/Enviror~nenta/Policy Act Of 1969 insofar as the provisions of such Act
ap~ly to 24 CFR 570;
(2) Is authorized and consents on behalf Of the applicant and himself to
accept the jurisdiction of the Federal c~xarts for the p~pose of enforc~nt Of
his res~ibilities as such an Official.
(f) ~9~e Ccl~m~nity Develc~nt Prcgram has been developed so as to give maxi-
~ feasible priority to activities which will benefit lob-- and mnderate-inccme
families or aid in the prevention or elimination of sl~ or blight.
[The requirement for this certification will not preclude the Secretary frcm
approving an application where the applicant certifies, and the Secretary deter-
mines, that all Or part Of the Cc~nity Develo~nt Prngra~ activities are
designed to meet other cc~munity development needs having a particular urgency
as specifically explained in the application in accord~e with S570.302(f).]
(g) It will ccmply with the regulations, policies, guideline~ and require-
ments of OMB Circular No. A-102, Revised, and Federal ManagMnt Circular 74-4
as they relate to the application, acceptance, and use of Federal funds under
this Part.
(h) It Will administer and enforce the labor standards requirements set forth
in S570.605 and B~ regulatior~s issued to i~lement Such re~njire~enns.
(i) It will ccmlply with all reouireraents imposed by FrUD concerning special
requirements of law, progr~ reguirem]ents, and other ac~inistrative reouire~ts,
approved in accordance with C~ Circular No. A-102, Revised.
(j) It will cc~.ly with the provisions of Executive Order 11296, relating to
evaluation Of flc~zd hazards and Executive Order 11288 relating to the prevention,
control, and a~tement of water polluric.
(k) It will req~Jire every building or facility (other than a privately owmed
residential structure) designed, c~structed, Or altered with funds provided
under this Part to cc~lply with the "American Standard Specifications for Making
Building~ and Facilities Accessible to, and Usable by, the Physically Handicapp-
ed,' Num~r A-117.1-R 1971, subjec~ to the exceptions contained in 41 CFR 101-
19.604. The applicant will be res~ponsible for conducting insetions to insure
ccm?.liance with these specifications by the contractor.
HUD-?088 2
(1) It will C~.~ly with:
(1) Title VI of the Civil Rights ACt of 1964 (Pub. L. 88-352), and the.regu-
lations issued pursuant thereto (24 CFR Part 1), which provides that no person
in the United States sha/1 On the grounds of race, color, or national origin, be
excluded frc~ participation in, be denied the benefits of, or be otherwise sub-
jected to discrimination under any program or activity for which the applicant
receives Federal financial assistance and will inmediately take any measures
necessary to effectuate this assurallce. If any real property or structure there-
On is provided Or improved with the aid Of Federal financial assistance extended
to the applicant, this assurance shall Obligate the applicant, or in the case of
any transfer of such pr~operty, any transferee, for the period during which the
real property or structure is used for a purpose for which the Federa/financial
assistance is extended, or for another purpose involving the provision of similar
services or benefits.
(2) Title VIII of the Civil Rights ACt Of 1968 (Pub. L. 90-284), as axnended,
administering all prograq~ and aCtivities relating to housing and community
develc~nt in a manner to affirmatively further fair housing; and will take
action to affirmatively further fair housing in the sa/e or rental of housLr~,
the financing Of housing, and the provision Of brokerage services.
(3) Section 109 Of the Mousing and Cc~%~unity Development ACt Of 1974, and the
regulations issued pursuant thereto (24 CFR Part 570.601), which provides that no
person in the United States shall, on the grounds of race, color, national origin,
or sex, be excluded fr~ participation in, be denied the benefits of, Or be sub-
jected to discrimination un]er, any program or activity funded in whole or in part
with funds provided under this Part.
(4) Executive Order 11063 on ecnjal opportunity in housing and nondiscrimina-
tion in the sale or renta/of housing built with Federal assistance.
(5) Executive Order 11246, and the regulations issued pursuant thereto (24
CF~ Part 130 and 41 CFR Chapter 60), and section 4(b) Of the Grant Agret,
which provides that no person shall be discriminated a~ainst on the basis Of race,
color, religion, sex or national origin in all phases 6f employment during the
Derformance Of Federal of federally assisted construCtion contraCts. Contractors
and subcontractors on Federal and faderally assisted construction contracts she/1
take affirmative action to insure fair treatment in employment, grading, demo-
tion, or transfer; recruitment or recruitment advertising; layoff or termination,
rates of pay or other forms of ccmpensation and selection for training and
apprenticeship.
(m) It will cc~ly with Section 3 of the Mousing and Urban Development ACt of
1968, as amended, requiring that to the greatest extent feasible opportunities
for training and employment be given to lower-inccrae residents of the project
area and contracts for work in connection with the project be ~warded to eligible
business concerns which are located in, Or owned in substantial part by, persons
residing in the area of the project.
(n) It will:
(1) TO the greatest extent practicable under State law, cc~.ly with Sections
301 ape 302 of Title III (Uniform Real ProDarty Acquisition Policy) Of the Dni-
form Relocation Assistance a~ Real Prooer~y Acuuisition Policies ACt Of 1970 and
will ccelply with Sections 303 ard 304 o2 Title III, and MUD implemen{ing instruc-
tions at 24 CFR Part 42; and
(2) Inform affected persons Of their rights and of the acqu. isition policies
and procedures set forth in the regulations at 24 CF) Part 42 and g570.602(b).
(o) It will:
(1) Cc~.ly with Title II (Uniform Relocation Assistance) of the Uniform Rel~-
cation Assistance and Real Property AcQuisition Policies ACt of 1970 and BUD
ir~lementiDg re~ulati~ at 24 CFR Part 42 ar~ S570.602(a);
(2) Pravide relocation payments and offer relocation assistance as described
in Section 205 of the Uniform Relocation Assistance Act to all persons displaced
as a result of acquisition of real pretty for an activity assisted under the
C(~m~unity Devel~,~nt Block Grant program. Such payT~nts and assistance shall be
provided in a fair ar~ consistent ar~ e<~uitable manner that insures that the
rei(~ation process does not r~sult in different or separate treatment of such
persons on acco~!nt of race, color, religion, n~tional origin, sex, or source of
inccme;
(3) Assure that, within a reasonable peried of time prior to displacement,
cc~rable dent, safe and sanitary replacement d~ellings will be available to
all displaced familie~ aed individuals and that the range of choices availaDle
to such persons will not vary on account Of their race, color, religion, natic~
origin, sex, or source of income; and
(4) Inform affected persons of the relocation assistance, policies aed prcoe-
dures set forth in the regulations at 24 ~ Part 42 ar~ S570.602(a).
(p) It will establish safeguards to pr(lhibit employees from usix~ ~sitions
for a our~e that is Or gives the appearance of beir~ motivated by a desire for
private gain for themselves or others, particularly those with whc~ they have
fanLily, business, or other ties.
(g) It will c~ly with the pra~isions of the Hatch Act which limits the
political ac~iviry Of e~loyees.
(r ) It will give ~UD ar~ the Cc~troller General through a~y authorized
representatives access to and the right to exam/he all records, books, papers, or
docLm~nts related to the grant.
(s) It will insure that the facilities under its ownership, lease or s.upervi-
sion which shall be utilized in the accc~lishment of the progr~ are not listed
on the E~viro~nental Proregion ~ency's (EPA) list Of Violatirg Facilities
that it will notify ~FjD of the receipt of any c~x~aunication frcm the Director of
the EPA Office Of Federal Activities indicating that a facility to be used in the
project is u~er consideration for listir~ by the EPA.
(t) It will c(~ply with t~ flo~d insurance purchase requ. irements of S~tion
1O2(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93-234, 87 Star.
975, appraved DecOr 31, 1973. Section 103(a) reg~ired, On ar~ after March 2,
1974, the purchase of flo~d insurance in cc~munities where such insurance is
available as a co~itio~ for the receipt of any Federal financial assistance for
c~truction or a~guisi, tion p~rl~s for use in a~y area, that has been identi-
fied by the Secretary of the Department of Bcusing and Urban Development as an
area having s~ecial flo~ hazards. ~11e phrase "Federal financial assistance"
includes any fore of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan Or grant, or any other form Of direct Or indire~
Federal assistance.
(u) It will, in connection with its performance of environmental asses~ents
under the National Enviro~nental Polity Act of 1969, .cc~ly with Section 106 of
the National Bistoric Preservation Act of 1966 (16 U.S.C. 470), Executive Order
11593, and the Preservation uf Archeclogicai and Mistorical Data Act of 1966 (16
U.S.C. 469a-1, et. se~.) by:
(1) Consulting with the State Historic Preservation Officer to identify
pr(~rties listed in or eligible for inclusion in the Nationa/Register of Bis-
toric Places that are subjec~ to adverse effects (see 36 CFR Part 800.8) by the