1. Resolution 5494 - Grant Application Authorization - Neighborhood Stabilization Program 3- _ 2�1 1 s venue ast
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Kalispell, a
NEW sp 19774�
Fax:
foR USINIEs FOK L FF
406.758.7758
City of Kalispell • www.kalispell.com
Office of community & Economic Development
MEMORANDUM
To: The Honorable Mayor Kennedy, Kalispell City Council Members
CC: Jane Howington, City Manager
FROM: Katharine Thompson, Community Development Manager
MEETING DATE: May 16, 2011
RE: Neighborhood Stabilization Program III Grant Application
BACKGROUND: The City of Kalispell has identified "affordable housing to meet
the needs of low and moderate -income residents" as a policy within its Kalispell Growth
Policy 2020.
Under Neighborhood Stabilization Program 1, funding awarded to the City of Kalispell in
October 2009, sixteen (16) foreclosed and abandoned homes were purchased and placed
in the newly formed Northwest Montana Community Land Trust for the purpose of
selling to income qualified low -to -moderate income households. Minor rehabilitation
work has been completed on these homes, the Community Land Trust has now developed
the necessary ground lease and other relevant documents and the first open house events
will be held this month.
Under the current grant application to the Montana Department of Commerce,
Neighborhood Stabilization Program 3 (NSP 3), $1.5 million will be requested to
purchase additional foreclosed upon homes within the city of Kalispell. This second
grant will be implemented just as the first has been with the City and Community Action
Partnership of Northwest Montana continuing to work together under the Memorandum
of Understanding approved by City Council in 2010. The purpose of the NSP 3 grant is:
To purchase foreclosed upon homes within the city of Kalispell to be
placed in the Northwest Montana Community Land Trust and sold to
income qualified households. Of these qualifying households, 27% must
have household income less than 50% of the area median income and 73 %
will have household income between 51 % and 120% area median income
(largely addressing what is commonly referred to as workforce housing).
FISCAL IMPACT: The City will handle the NSP 3 grant in the same manner as NSP 1
and that is as a pass-thru with Community Action Partnership responsible for accounting
of grant funds and on -going implementation and reporting of the project. The NSP 3
program allows for a 5 % administrative fee and this will be directed to CAP for the above
tasks.
RECOMMENDATION.- City Council approve the resolution allowing for the City to
make application for $1.5 million in Neighborhood Stabilization Program 3 funds.
Respectfully submitted,
K harine Thompson
Community Development Manager
Community &Economic Development Dept
s -
r .
Jane fto�ing-ton
City Manager r. i
RESOLUTION APPROVING
WITH COMMUNITY ACTION PARTNERSHIP D AUTHORIZING THE CITY MANAGER
TO EXECUTE AN APPLICATION
DEPARTMENT OF COMMERCE FOR
BLOCKA COMMUNITY DEVELOPMENT OO/ STABILIZATION
I?UNDS (NSP3).
WHEREAS, the City of Kalispell is seeking to apply to the Montana Department of Commerce for a
Community Development Block Grant for Neighborhood Stabilization Funds (NSP3) in
partnership with Community Action Partnership for the purpose of obtaining a grant for
purchasing additional foreclosed homes to be placed in the Community Land Trust that
currently holds and manages properties acquired under the NSP I program; and
WHEREAS, on the I I th day of May, 2011, the City of Kalispell and Community Action Partnership
conducted a noticed public meeting in conformance with CDBG requirements to obtain the
views of citizens regarding the submittal of this grant application at which meeting
approximately two individuals spoke in favor of submitting for the grant and no one spoke
in opposition; and
WHEREAS, Community Action Partnership and the City of Kalispell have previously entered into a
Memorandum of Understanding in order to allow the city to pursue Neighborhood
Stabilization Funds and create and manage a Community Land Trust through the State of
Montana and each now desires to extend such MOU for an additional two years; and
WHEREAS, the City of Kalispell has the legal jurisdiction and authority to provide assistance to
Community Action Partnership.
NOW THLR.LFOR.F, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KAL.ISPELL AS
FOLLOWS
SECTION I. That the City of Kalispell agrees to conform to the regulations, statutes, terms and
conditions described in the CDBG Certifications for Application.
SECTION II. That the City Manager is authorized to submit on behalf of the City of Kalispell, the
CDBG Grant for Neighborhood Stabilization Funds (NSP3) to the Montana
Department of Commerce and to provide such other additional information as may
be required and is further authorized to enter into an extension of the existing
Memorandum of Understanding with Community .Action Partnership.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 1.6TH DAY OF MAY, 20I l .
I'VO-M�I.`�AI
Theresa White
City Clerk
Tarnmi Fisher
Mayor
EXTEASIONOF THE
MEMORANDUM UNDERSTANDING
BETWEEN
PARTNERSHIPCOMMUNITY ACTION O NORTWEST ■ A
AND THE CITY OF KALISPELL
WHEREAS, the City of Kalispell (the City) and the Community Action Partnership of
Northwest Montana (CAP) entered into a Memorandum of Understanding on the
26`h day of July, 2009 for the purpose of establishing the Northwest Community
Land Trust and for the application for and administration of Neighborhood
Stabilization Program (NSP) funds; and
WHEREAS, the NSP funds for which the City applied have been received and are currently
being administered by CAP for the purposes of the Northwest Community Land
Trust and both parties have fulfilled their obligations under the MOU; and
WHEREAS, it is the intent of the City to apply for an additional $1.5 million under the NSP3
program for the same purposes described in the above described MOU and for
which the Northwest Community Land Trust was developed ; and
WHEREAS, the term of the above described MOU expires on June 30, 2011; and
WHEREAS, the parties desire to extend the terra of the MOU for the purposes of applying for,
receiving and administering NSP3 funds.
NOW THEREFORE, the parties agree as follows. -
The Memorandum of Understanding executed between the parties on the 26th day of July, 2009
for the purpose of applying for and administering NSP funds is hereby extended for an additional
term of two years ending March 30, 2014 for additional purpose of applying for and
administering up to $1.5 .million dollars of NSP3 funds for the benefit of the Northwest
Community Land Trust.
DATED this day of May, 2011.
COMMUNITY ACTION PARTNERSHIP
OF,NORTHWEST MONTANA
Douglas D. Rauthe
Executive Director
CITY OF KALISPELL
Jane Howington
City Manager
1
MONTANA DEPARTMENT OF COMMERCE
NEIGHBORHOOD,,;
Each applicant must agree to comply with all applicable State and federal
laws and regulations in implementing their proposed NSP3 project, if it is selected for
funding.
A copy of the certifications for Application signed by the chief elected official
or executive officer of the applicant and dated within six months of the date of
application, must accompany the application for NSP3 funds.
Applicants should carefully review these requirements and consider their
potential impact when designing their NSP3 project.
Listed in the following certifications for Application are the most important
federal regulations that apply to projects using NSP3 funds.
The regulations listed cover a vide range of issues including environmental
impacts, labor standards, employment practices, financial procedures, and civil
rights, many of which can have an affect on the costs or complexity of project
implementation.
Each federal law or regulation is annotated to give the applicant a general
understanding of the requirements that must be met.
Since this is a brief summary and not intended to be a comprehensive
description of each lair, local officials who have any questions or concerns regarding
the applicability of these requirements should contact the Department of commerce
for guidance.
Montana Department of commerce
5--1
NSP3 Application Part 4 March 2011
O A DEPARTMENT OF
COMMERCE
STATE NEIGHBORHOOD STABILIZATION PROGRAM
The Applicant hereby certified that
It will comply with all applicable parts of Title I of the Housinq and Community
Development Act of 1974, as amended, and the wall Street Reform and Consumer
Protection Act of 2010 which have not been cited herein as well as with other applicable
federal laws and regulations.
It will comply with all requirements established by the Department of Commerce and
applicable State laws, regulations, and administrative procedures to the extent it is not
otherwise superseded by wall Street Reform and Consumer Protection Act of 2010
requirements.
it accepts the terms, conditions, selection criteria, and procedures established by the
Montana Community Development Bloch Grant (CDBG) Program and the Montana
Neighborhood Stabilization Program (NSP) and expressly waives any statutory or
common law right it may have to challenge the legitimacy and propriety of these terms,
conditions, criteria, and procedures in the event that it is not selected for an award of
NSP3 funds.
It will minimize displacement as a result of a^tivities assisted with NSP3 funds and assist
persons actually displaced.
It will comply with:
The Uniform Relocation Assistance and Real Property Ac uisition Policies Act of 1970
(The Uniform Act). - as amended, and implementing regulations 49 CFR part 24
and the requirements of section 570.490a. These lags and accompanying
regulations require the grantee to provide relocation payments and offer
relocation assistance to all persons displaced as a result of acquisition of real
property for an activity assisted under the NSP program. Such payments and
assistance must be provided in a fair and consistent and equitable manner that
ensures that the relocation process does not result in a different or separate
treatment of such persons on account of race, color, religion, national origin, sex,
source of income, age, handicap, or familial status (families with children). The
grantee must assure that, within a reasonable period of time prior to
displacement, decent, safe and sanitary replacement dwellings will be available
to all displaced families and individuals and that the range of choices available to
such persons will not vary on account of their race, color, religion, national origin,
sex, source of income, age, handicap, or familial status (families with children);
and
® The grantee must also inform affected persons of their rights and of the acquisition
policies and procedures set forth in the regulations of 49 CFR, Part 24, Subpart
B.
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NSP3 Application Part 4 March 2011
The Anti -displacement and Relocation Assistance Plan adopted by the Fontana
Department of Commerce for the Ma;itana CDBG and NSP program.
It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under the Montana NSP Program
to comply with the "American Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped," Number A-117.1 R 1971,
subject to the exceptions contained in CFP 101-19.604.
It will also comply with the Architectural Barriers Act of 1968 and HUD regulations 24
CFR part 8, "Nondiscrimination Based on Handicap in Federally Assisted Activities of
HUD." The applicant will be responsible for conducting inspections to insure compliance
with these specifications by the contractor; and will comply with HUD cost -Effective
Energy Standards, 24 CFR Part 39.
KEE
It will comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. d et seq.), and the
regulations issued pursuant thereto (24 CFA Part 1), which provides that no person in
the United States shall on the grounds of race, color, or national origin, be excluded from
participation in, be denied in the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the applicant received Federal financial
assistance and will immediately tape any measures necessary to effectuate this
assurance. If any real property or structure thereon 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 property, any transferee, for the
period during which the real property or structure is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the provision
of similar services or benefits.
It will comply with:
e Section 109 of the Housing and Community Development Act of 1974 as amended,
and the regulations issued pursuan*1 thereto (24 CFR 570.601), which provides
that no person in the United States shall, on the grounds of race, color, national
origin, or sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, any program or activity funded in whole or in
part with funds provided under the Act;
The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.). The act
provides that no person shall be excluded from participation, denied program
benefits or subjected to discrimination on the basis of age under any program or
activity receiving federal funding assistance;
9 Section 504 of the Rehabilitation Act
of 1973, amended (29 U.S.C. 794). The act
provides that no otherwise qualified individual shall, solely, by reason of his or
her disability, be excluded from participation (including employment), denied
program benefits or subjected to discrimination under any programs or activity
receiving federal assistance funds;
Montana Department of commerce B-3
NSP3 Application Part 4 March 2011
Section 3 of the Housinq and Communitv Development Act of 1968 (12 U.S.G. 1701u)
(24 CFR Part 135). Section 3 of the Housing and Urban Development Act of
1988 requires, in connection with the planning and carrying out of any project
assisted under the Act, to the greatest extent feasible, opportunities for training
and, employment be given to lower -income persons residing within the unit of
local government or the non -metropolitan county in which the project is located,
and contracts for work in connection with the project be awarded to eligible
business concerns which are located in, or owned in substantial part, by persons
residing in the project area. The grantee roust assure good faith efforts toward
compliance with the statutory directive of Section 3; and
* Executive order 11246, as amended by Executive Orders 11375 and 12088, and the
regulations issued pursuant thereto 24 CFR Part 130 and 41 CFR Chapter 60)
prohibit a LISP recipient and subcontractors, if any, from discriminating against
any employee or applicant for employment because of race, color, religion, sex
or national origin. The grantee and subcontractors, if any, roust take affirmative
action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex or national
origin. Such action roust include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rate of pay or other forms of compensation; and selection for
training, including apprenticeship. The grantee and subcontractors roust post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting for the provisions of this nondiscrimination clause.
For contracts over $10,000 the grantee or subcontractors will send to each
applicable labor union a notice of the above requirements, the grantee and
subcontractors will comply with relevant rules, regulations and orders of the U.S.
Secretary of Labor. The grantee or subcontractors must make their books and
records available to State and federal officials for purposes of investigation to
ascertain compliance.
Fair Housing
It will affirmatively further fair housing and will comply with:
Title vl l l of the Civil Rights Act of 1968 also known as The Fair Housin Act (42
U.S.C. 3601 et seq.), as amended by the Fair blousing Amendments Act of 1988
and the regulations issued pursuant thereto. The law states that it is the policy of
the United States prohibiting any person from discriminating in the sale or rental
of housing, the financing of housing, or the provision of brokerage services,
including in any gray making unavailable or denying a dwelling to any person,
because of race, color, religion, sex, national origin, disability, or familial status.
NSP grantees roust also administer programs and activities relating to housing
and community development in a manner that affirmatively promotes fair housing
and furthers the purposes of Title vlll; and
Executive order 11053, as amended by Executive order 12259, requires NSP
recipients to take all actions necessary and appropriate to prevent discrimination
because of race, color, religion, creed, sex or national origin; in the sale, leasing,
rental and other disposition of residential property and related facilities (including
land to be developed for residential use); or in the use or occupancy thereof if
such property and related facilities are, among other things, provided in whole or
in part with the aid of loans, advances, grants or contributions from the federal
government.
Montana Department of Commerce B_4
NS P3 Application Part 4 March 2011
It will comply with section 109(a) of the Housing and Community Development Act that
prohibits discrimination on the basis of religion or religious affiliation. No person will be
excluded from participation in, denied the benefit of, or be subjected to discrimination
under any program or activity funded in whole or in part with INSP funds on the basis of
3
his or her religion or religious affiliation.
Prohibition of Excessive Force
It will, If awarded 1NSP funds, adopt and enforce a policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuals engaged
in nonviolent civil rights demonstrations in accordance with Section 104(1 ) of the
Housing and Community Development Act, as amended.
It will do a self -assessment of impediments to accessibility in compliance with the
Americans with Disabilities Act (ADA) of 1990. Grantees are required to find a means of
making NSP program activities and services accessible to persons with disabilities; to
review their communities for impediments to disabled citizens; and develop a plan to
address those impediments.
It will comply with the provisions of 24 CFR 370.611 and with sections 2-2-125, 2-2-201,
7-3-43679 7-5-2106, and 7-5-4109, MCA, (as applicable) regarding the avoidance of
conflict of interest.
It will comply with the Clean Air Act (42 U.S.C. 7401, et seq.) which prohibits engaging
in, supporting in any way or providing financial assistance for, licensing or permitting, or
approving any activity which does not conform to the State implementation plan for
national primary and secondary ambient air quality standards.
Environmental Impact
It will comply with:
® Section 104 f of the Housing -and Community Development Act of 1974, as amended
through 1981. This section expresses the intent that "the policies of the National
Environmental Policy Act of 1969 and other provisions of law which further the
purposes of such Act be most effectively implemented in connection with the
expenditure of funds under" the Act. Such other provisions of law which further
the purpose of the [National Environmental Policy Act of 1969 are specified in
regulations issued pursuant to Section 104(f) of the Act and contained in 24 CFR
Part 58; and
The (National Environmental Pori Act of 1969 (42 U.S.G. Section 4321, et seq. and 24
CFR Part 58). The purpose of this Act is to attain the widest use of the
environment without degradation, risk to health or safety or other undesirable and
Montana Department of Commerce B_5
INSP3 Application Part 4 March 2011
unintended consequences. Environmental review procedures are a necessary
part of this process. Pursuant to the.;e provisions, the grantee must also submit
environmental certifications to the Department of Commerce when requesting
that funds be released for the project. The grantee must certify that the proposed
project will not significantly impact the environmental regulations and fulfilled its
obligations to give public notice of the funding request, environmental findings
and compliance performance.
Its chief executive officer or other officer of the applicant approved by the State:
1. consents to assume the status of responsible federal official under the
National Environmental Policy Act of 1969 (NEPA) and other provisions of
federal lair, as specified in 24 CFR Part 58, which further the purposes of
NEPA, insofar as the provisions of such federal lair apply to the Montana
Community Development Bloch Grant Program; and
2. is authorized and consents on behalf of the applicant and himself to accept the
jurisdiction of the Federal courts for the purpose of enforcement of his
responsibilities as such an official.
It will ensure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the program are not listed on the U.S. Environmental
Protection Agency's (EPA) List of violating Facilities and that it will notify the Department
of Commerce of the receipt of any communication from the Director of the EPA office of
Federal Activities indicating that a facility to be used in the project is under consideration
for listing by EPA.
It will comply with the Farmlands Protection Policy Act of 1981 (7 U.S.C. 4202, et seq.)
and any applicable regulations (7 CFR Part 658) which established compliance
procedures for any federally assisted project which will convert farmlands designated as
prime, unique or statewide or locally important, to non-agricultural uses,
It will comply with:
o the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved
December 31, 1973. Section 1 ❑2(a) required, on and after March 2, 19743 the
purchase of flood insurance in communities where such insurance is available as
a condition for the receipt of any federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary
of the Department of Housing and Urban Development as an area having special
flood hazards. The phrase "Federal financial assistance" includes any form of
loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance
loan or grant, or any other form of direct or indirect Federal assistance;
® Executive order 11988, May 24, 1978: Flood lain Management (42 F.R. 26951, et
seq.). The intent of this Executive order is to (1) avoid, to the extent possible,
adverse impacts associated with the occupancy and modification of floodplain
and (2) avoid direct or indirect support of floodplain development wherever there
Montana Department of Commerce B-6
NSP3 Application Part 4 March 2011
is a practical alternative. If a grantee proposes to conduct, support or allow an
action to be located in the floodplain, the grantee rust consider alternatives to
avoid adverse effects and incompatible involvement in the floodplains. If sitting in
a floodplain is the only practical alternative, the grantee must, prior to taking any
action: (1) design or modify its actions in order to minimize a potential harm to
the floodplain; and (2) prepare and circulate a notice containing an explanation of
why the action is proposed to be located in a floodplain; and
® Executive order 11990, May 24, 1977: Protection of Wet Iands (42 F.R. 26961, et seq.).
The intent of this Executive order is to avoid adverse impacts associated with the
destruction or modification of wetlands and direct or indirect support of new
construction in wetlands, wherever there is a practical alternative. The grantee
must avoid undertaking or providing assistance for new construction located in
wetlands unless there is no practical alternative to such construction and the
proposed action includes all practical measures to minimize harm to wetlands
which may result from such use.
t
It will comply with:
Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470, as
amended) through completion of the procedures outlined in 36 CFR 800 and 36
CFR 63. Compliance with these procedures should include:
1, consulting with the state Historic Preservation office (SHPO) to identify
properties listed in or eligible for inclusion in the [National Register of
Historic Places that exist with a proposed INSP project's area of potential
environmental impact, and/or to determine the need for professional
archeological, historical, or architectural inventory of potentially affected
properties to determine whether they would qualify for register listing; and
2. consulting, as needed with the SHPo, Keeper of the National Register of
Historic Places, and the Advisory Council on Historic Preservation to
evaluate the significance of historic or prehistoric properties which could
be affected by INSP work and to determine hove to avoid or mitigate
adverse effects to significant properties from project work.
It will comply with Title IV of the Lead -based Paint Poisoning Prevention Act (42 U.S.C.
4831), which prohibits the use of lead -based paint in residential structures constructed or
rehabilitated with federal assistance of any kind. In addition, it will comply with sections
1012 and 1013 of the Residential Lead -Based Paint Hazard Reduction Act that is Title X
....... ......... ..................... .----------
of the Housing and Community Development Act of 1992. This is the basic law covering
lead -based paint in federally associated housing. This new regulation appears within title
24 of the Code of Federal Regulations as art 35 24CR 35).
Boise, Fac.-illity siting
It will comply with HUD Environmental Standards (24 CFR, Part 51,
Criteria and standards and 44 F.R.
support for most new construction +
projects with unacceptable noise e)
4086C-40866, July 12, 1979) which
f noise -sensitive uses is prohibited
)osures is discouraged for projects
Environmental
prohibit HUD
in general for
with normally
Montana Department of Commerce B-7
NSP3 Application Part 4 March 2011
unacceptable noise exposure. Additionally projects may not be located near facilities
handling materials of an explosive or hazardous nature, or in airport clear zones.
It will comply with the Solid 'waste Disposal Act, as amended by the resource
Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.). The purpose
of this Act is to promote the protection of health and the environment and to conserve
valuable material and energy resources.
Water Quality
It will comply with:
the Safe Drinking Water Act of 1974 (42 U.S.C. Section 201, 300(f) et seq. and U.S.C.
Section 349), as amended, particularly Section 1424(e) (42 U.S.C. Section 30O -
303(e)} which is intended to protect underground sources of water. No
commitment for federal financial assistance can be entered into for any project
which the U.S. Environmental Protection Agency determines may contaminate
an aquifer which is the sole or principal drinking water source for an area; and
® the Federal Water Pollution Control Act of
--1972, as amended, including the Clear
Water Act of 1977, Public Law 92-212 (33 U.S.C. Section 1251, et seq.) which
provides for the restoration and maintenance of the chemical, physical and
biological integrity of the nation's grater.
It will comply with:
* the Endan eyed Species Act of 1973, as amended 0 6 U.S.C. 1531 et seq.). The intent
of this Act is to ensure that all federally assisted projects seer to preserve
endangered or threatened species. Federally authorized and funded projects
must not jeopardize the continued existence of endangered and threatened
species or result in the destruction or modification of habitat of such species
which is determined by the U.S. Department of the Interior, after consultation with
the state, to be critical; and
* the Fish and Wildlife Coordination Act of 1958, as amended, (U.S.C. 661 et seq.) which
requires that wildlife conservation receives equal consideration and is
coordinated with other features of water resource development programs.
Wild and Scenic Rivers
It will comply with the Wild and Scenic Fivers Act of 1968, as amended (16 U.S.C. 12712
et seq.). The purpose of this Act is to preserve selected rivers or sections of rivers in
their free -flooring condition, to protect the water quality of such rivers and to fulfill other
vital national conservation goals. Federal assistance by loan, grant, license or other
mechanism can not be provided to grater resources construction projects that would
have a direct and adverse effect on any river included or designated for study or
inclusion in the National Wild and Scenic Diver System.
It will comply with the applicable requirements of:
..................... .............. _.
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OMB circular A-87, "Cost Principles for State and Local Governments," as specified by
the Department of Commerce;
® HUD "Administrative lie uirernents for Grant and Operative Agreements to State
Local and Federal l - Recog nized Indian Tribal Governments," (24 CFI , Part 85),
or any equivalent procedures and requirements that the Montana Department of
Commerce may prescribe. The HUD Administrative Requirements are the basis
for a number of specific requirements on the financial management and record
keeping of NSP funds. The requirements apply to cash depositories, bonding and
insurance, record keeping, program income, property management,
procurement, closeout, audit, and other requirements; and
• The Single Audit Act of 1984, as amended by the Single Audit Act of 1996 (the "Single
audit Act Amendments") which establishes criteria for determining the scope and
content of audits and OMB circular A-133, "Audits of States, Local Governments,
and Non -Profit Organizations", revised June 24, 1997. (OMB circular A-133
supersedes OMB Circular A-128, 'Audits of State and Local Governments",
which has been rescinded.)
• The auditing and annual financial reporting requirements provided for in the Montana
Single Audit Act 2-7-501 to 522 MCA and has established a financial accounting
system that can properly account for grant funds according to generally accepted
accounting principles. Tribal governments must comply with auditing and reporting
requirements provided for in OMB circular A-133.
It will promptly refund to the Montana Department of Commerce any NSP funds
determined by an audit to have been spent in an unauthorized or improper manner or for
ineligible activities.
It will give the Montana Department of Commerce, the Montana Legislative Auditor,
HUD, and the Comptroller General, through any authorized representatives, access to
and the right to examine all records, books, papers, or documents related to the grant.
It will comply with:
Section 110 of the Housing and Community Development Act of 1975, as amended, 24
CFB 570.605, and State regulations regarding the administration and
enforcement of labor standards. Section 110 requires that all laborers and
mechanics employed by contractors or subcontractors on construction work
assisted under the Act shall be paid wages at rates not less than those prevailing
on similar construction in the locality as determined by the Secretary of Labor in
accordance with the Davis -Bacon Act, as amended (40 U.S.G. 276-1- 276a-5).
By reason of the foregoing requirement the contract Work Hours and Safety
Standards Act (40 U.S.G. 327 et seq.) also applies. However, these requirements
apply to rehabilitation of residential property only if such property is designed for
residential use for eight or more families;
Davis -Bacon Act, as amended (40 U.S.C. et seq.), Section 2; June 13, 1934, as
amended (48 Stat. 948.40 U.S.C. 276(c)}, popularly known as the Copeland Anti -
Kickback
Act. The Act mandates that all laborers and mechanics be paid
unconditionally and not less often than once a meek, and without subsequent
deduction or rebate on any account except "permissible" salary deductions, the
full amounts due at the time of payments, computed at gage rates not less than
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NSP3 Application Part 4 March 2011
those contained in the wage determination issued by the U.S. Department of
Labor. Weekly compliance statements and payrolls are required to be submitted
to the federally funded recipient by the contractor;
Contract '"work flours and Safety Standards Act (40 U.S.C. 327 et seq.). According to
the Act, no contract work may involve or require laborers or mechanics to work in
excess of eight hours in a calendar day, or in excess of 40 hours in a work week,
unless compensation of not less than one and one-half tunes the basic rate is
paid for the overtime hours. If this Act is violated, the contractor or subcontractor
is liable to any affected employee for unpaid damages as well as to the United
States for liquidated damages; and
Federal Fair Labor Standards Act, (29 U.S.C.S. 201 et seq.). The act requires that
covered employees be paid at least the minimum prescribed rage, and also that
they be paid one and one-half tunes their basic rage rate for all hours worked in
excess of the prescribed workweek.
It certifies that it possesses legal authority to apply for the grant and to execute the
proposed project under Montana law and, if selected to receive a Community
Development Block Grant, will make all efforts necessary to assure timely and effective
implementation of the project activities described in the attached application.
It certifies that.
* No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Memb.�r 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 influencing an officer or employee or
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, the undersigned shall complete and
submit Standard From LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
® The undersigned shall require that the language of this 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. 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 unposed by Section 1352,
Title 31, U.S. code. Any person who fails to file the required certification shall be
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NSP3 Application Part 4 march 2011
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
It will comply with the latch Act (5 L.S.C. 16"01, et seq.; 5 CFR Part 151 ) which restricts
the political activity of individuals principally employed by a state or local agency in
connection with a program financed in whole or in part by federal loans or grants. An
affected employee may not be a candidate for public office in a partisan election.
Consulting Services will be procured in a manner that provides fair and unbiased, full
and open competition, without conflicts of interest.
s ,t
The jurisdiction certifies that it will comply with the Dodd -Frank Wall Street Reform and
Consumer Protection Act and Title XII of Division A of the American Recovery and
Reinvestment Act of 2009 by spending 50 percent of its grant funds within 2 years, and
spending 100 percent within 3 years, of receipt of the grant.
The jurisdiction certifies that it will, to the maximum extent feasible, provide for hiring of
employees that reside in the vicinity of NSP3 funded projects or contract with small
businesses that are owned and operated by persons residing in the vicinity of NSP3
projects.
THE JURISDICTION CERTIFIES:,
a. that all of the NSP funds made available to it will be used with respect to
individuals and families whose incomes do not exceed 120 percent of area
median income; and
b. The jurisdiction 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 NSP funds are used to pay the proportion of a fee or assessment attributable to
the capital costs of public improvements (assisted in part with NSP 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. In addition, with respect to properties owned and
occupied by moderate -income (but not low-income) families, an assessment or
charge may be made against the property with respect to the public
improvements financed by a source other than NSP funds if the jurisdiction
certifies that it lacks NSP or CDBG funds to cover the assessment.
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The Applicant's governing body has duly adopted or passed as an official act a
resolution, motion or similar action authorizing the submission of the application,
including all understandings and assurances contained herein, and directing and
authorizing the signatory to act in connection with the application and to provide such
additional information as may be required.
Signature, Chief Elected Official
(or Executive Officer)
Marne (typed or printed)
Title
Date
Local Government's Federal Tax ID Number
Local Government's DUNS Number
Note: poncerning the DUNS Number requirement: The requirement that the local
government's DUNS (Data Universal Numbering System) Number must be provided by all
applicants is a compliance requirement of the Federal Funding Accountability and Transparency
Act of 2006 which gent into effect January 1, 2009.
You can get your DUNS number from the Dun & Bradstreet (D&B) Government Customer
Response center, http://fedgov.dnb.com/webform/displayHomePage.do Getting your DUNS
number can be done on the Web at the address above, and it can also be obtained over the
phone (call 1-806-705-5711; see http://fedgov.dnb.corn/webform/pages/regDuns_phone.jsp).
Please Contact NSP if you need additional assia'ance in identifying your DUNS number.
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