1. Resolution 5188 - Authorizing Joint CDBG Grant Application - TeleTechCity of Kalispell
Post office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758W7758
REPORT TO: The Honorable Mayor Pamela B. Kennedy and City
Council
FROM: David R. Foster, Community Development Director
James H. Patrick, City Manager
SUBJECT: Resolution authorizing submission of the CDBG--ED Grant
and authorizing the City Manager to sign Certificate of
Compliance.
MEETING DATE: April 2, 2007
BACKGROUND: The City of Kalispell is eligible this year to apply for grant
funding for housing, economic development and public facilities projects.
Flathead County and the City of Kalispell have been approached by TeleTech to submit a
joint CDBG-ED grant application. The joint application request will be in the total
amount of $800,000 to provide training for up to 160 employees. Based on TeleTech
having secured a nationwide contract, 80 new employees will be needed to service this
large contract over a period of no more than 2 years. The 80 retained employees require
additional training to expand their skills. TeleTech will pay trainees $9.75 per hour
during training and probationary periods. once the trainee has satisfactorily completed
the training and probationary periods, TeleTech agrees to pay the trained employee a
compensation package of salary and benefits totaling a minimum. of $13.64 per hour (MT
C3BG -ED minimum job training wage). This training will benefit the City of Kalispell
by providing citizens with quality skills and future marketability in the employment
arena.
Flathead County will sub -grant the CDBG-ED funds to Jobs Now, Inc. dba Montana
West Economic Development Corporation thru a Sub -recipient Agreement to engage the
CDBG--ED Training Grant Application and subsequent administration on the County's
behalf.
As a requirement of the joint application process, the City and Flathead County will enter
into an Interlocal Agreement to enable cooperation in implementing the CDBG-ED
award to accomplish the training grant to TeleTech.
The City and County have jointly agreed that the County will supervise the
implementation and administration of the grant through Montana West Economic
Development Corp.
]�C0MMENDATION: Staff is recommending City Council approve the
Resolution authorizing Community Development staff to submit a CDBG-ED Training
Grant Application and authorizing the City Manager to sign Certificate of Compliance.
FISCAL IMPACT: Up to 6% administrative fee ($48,000) will be charged to
the grant to cover the administrative expenditures. These fees will be allocated between
the City and County according to an Interlocal Agreement.
ALTERNATIVES: As suggested by Council.
Respectfully submitted,
�T f
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David R. Foster, Director llajhes H. Patrick
Community Development City Manager
RESOLUTION NO.5188
A RESOLUTION AUTHORIZING SUBMISSION OF A JOINT GRANT APPLICATION To
THE MONTANA CDBG ECONOMIC DEVELOPMENT PROGRAM.
WHEREAS, the City of Kalispell and Flathead County were approached by TeleTech to submit a
joint application to the Montana Department of Commerce for a Community
Development Block Grant Economic Development Grant (CDBG-ED) in the amount
of $400,000 for each entity on behalf of TeleTech in order to provide training for up
to 160 employees; and
WHEREAS, a public hearing was held on April 2, 2007 in Which public comment Was taken and
fully considered by the City Council; and
WHEREAS, based upon the staff report and recommendation as well the comment and evidence
provided by the public, the City Council finds that this CDBG-ED grant is in the best
interest of the City of Kalispell as it will provide necessary job training and tend to
improve the eligibility of its workforce as well as the economic base of the City.
NOW THEREFORE BE IT RESOLVED BY TIME CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That James H. Patrick, City Manager, is authorized and directed to
submit this Application to the Montana Department of Commerce on
behalf of the City of Kalispell, and to provide such additional
information as may be required.
SECTION II. That the City of Kalispell agrees to conform to the regulations,
statutes, terms and conditions for the Application.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 2ND DAY OF APRIL, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tel eTech.
MEDIA ADVISORY
TeleTech Holdings, Inc. • 9197 South Peoria Street - Engkwood, CO 801 12-5833 • www.#el�q�chxoin
Contact:
Arthur Nowak
Site Director
406-751-3106
TITLE
Subtitle
Business Description:
1. Name: TeleTech Holdings, Inc. (NASDAQ (GS): TTEC)
Media Contact:
KC Higgins
Public Relations
303-434-8163
2. Location and Plant Description: Gateway west Mall - 1203 Highway 2 West, Kalispell, MT 59901
3. Product and Services: TeleTech is one of the largest and most geographically diverse global providers
of business process outsourcing solutions. We have a 25-year history of designing, implementing, and
managing critical business processes for Global 1000 companies to help therm improve their customers'
experience, expand their strategic capabilities, and increase their operating efficiencies. By delivering a
high -quality customer experience through the effective integration of customer -facing front -office
processes with internal back -office processes, we enable our clients to better serve, grow, and retain their
customer base. We use Six Sigma -based quality methods continually to design, implement, and enhance
the business processes we deliver to our clients and we also apply this methodology to our own internal
operations. We have developed deep domain expertise and support approximately 300 business process
outsourcing programs serving approximately 135 global clients in the automotive, communications,
financial services, government, healthcare, retail, technology and travel and leisure industries. Our
integrated global solutions are provided by 47,000 employees utilizing 33,600 workstations across 88
business process Delivery Centers in 17 countries.
4. Request for Consideration of Funding:
In consideration of the financial assistance provided by the Montana CDBG-ED Program, TeleTech
respectfully requests the City Council of Kalispell, Montana to authorize the advancement of the
application process for federal funding. The company is committed to implement a hiring and training
plan designed to train at least 160 full-time employees, and create at least eighty (80) new full-time
positions as part of the grant agreement. As stipulated in the requirements for the funding of the grant, at
least 51 % of the newly created positions will be made available to low and moderate -income persons.
The most recent low and moderate -income guidelines provided by the Montana Department of
Commerce will be used to determine eligibility for this status. To ensure that the jobs created are made
available to low and moderate income households, the company will use the Montana Job Service for
referrals.
TeleTech is committed to providing all trained 160 employees a minimum compensation package of
salary and benefits totaling $1 3.65 per hour as a result of the grant award. The training program for each
full time equivalent (FTE) employee is estimated to take at least 104 hours to complete. Upon completion
of the formal training, employees will be required to complete additional on the job training encompassing
at least 272 hours of training.
5. Expenses Associated with Trainin Plan;
TeleTech respectfully requests Jobs Now, Inc. dba Montana West Economic Development and the City of
Kalispell, Montana to reimburse $5,000 for the training of each retained and newly created full time
equivalent (FTE) employee, not to exceed $800,000. This funding is to help offset the costs associated
with the training program and on the job training which TeleTech will provide to employees working at
least 40 hours per week receiving the minimum compensation package of salary and benefits totaling
$1 3.65 per hour.
Detailed estimated costs associated with the development of the training program are outlined below:
Planned expenses for 2007 are as follows:
■ In -class training salaries $ 312,000
■ OJT salaries 595,048
■ Instructor fees 583,270
■ Additional equipment costs 117,480
■ Training material cost 19,320
$1,62791 18
Based on previous years' training records and market trends, training expenses for 2008 should increase
beyond those costs listed above. Thus, total training costs for the next two years are estimated to exceed
$3 Million.
6. Commitment to Improving the Community of Kalispell, Montana
The building located at Gateway West Mall - 1203 Highway 2 `Nest, Kalispell, MT was originally
constructed in 1974 and utilized as a department store until 1997. Stream International occupied the
building from 1998 until November 2003. TeleTech opened for operations in March 2004. Improvements
made to the building at that time included external signage placement, and structural modifications
including implementation of extensive equipment. TeleTech is one of the largest employers in the city of
Kalispell, and has dedicated efforts to improving the quality of life for the members of the community by
training their employees while empowering every individual with additional skills and experience in the
banking industry while earning competitive wages. TeleTech continues to maintain an environment
where workers feel connected to the local community by organizing various charity fundraisers, and
providing corporate sponsored luncheons to foster a sense of unity.
7. Associate Position. Descri t�ion
Responsible for effectively and professionally providing service and sales to current and potential as
specified by client requirements.
Duties & Responsibilities:
■ Responsible for serving as the primary point of contact for customers by accessing their
banking needs via telephone channels.
■ Responsible for delivering a high level of service through identifying relationship
opportunities; matching appropriate products to customers needs; performing account
maintenance.
■ Responsible for investigating and resolving a wide variety of issues and requests including,
but not limited to, probing for additional information from customers, setting expectations, and
completing fulfillment requests that are carried out by other support organizations.
a Responsible for possessing knowledge on a wide array of products and services and using
appropriate resources to resolve customer requests.
0 Interacts with customers to create a successful experience.
TeleTech.
MEDIA ADVISORY
TeleTech Holdings, Inc. - 9197 South Peoria Street • Englewood, CO 80112-5933 ■ rF•►Fw.teletecll.cofln
■ Responsible to be logged in and available for calls 97% of his/her shift, excluding breaks and
lunch.
■ Interacts with fellow team members to enhance project performance.
■ Responsible for displaying excellent customer service skills and the ability to handle
escalated customer calls in a highly satisfactory manner.
■ demonstrates the ability to identify customer needs by probing, listening, and closing to
deepen relationships to meet customer's goals.
Qualifications:
Education
High School Diploma or equivalent.
Experience
6 months in a customer service environment is preferred
Skills
Strong written .and verbal communication skills
Uses good judgment in decision making
Displays motivation and is considered a self-starter
Demonstrates attention to detail and has excellent organization skills.
Exhibits exceptional problem -solving skills.
Knowledge of MS -office products: Mail, Word & Excel
Telephone courtesy skills.
Required Document
APPENDIX C
MONTANA DEPARTMENT OF COMMERCE
BUSINESS RESOURCES DIVISION
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
ACCEPTANCE OF CDBG PROGRAM REQUIREMENTS
CERTIFICATIONS FOR APPLICAITON
Each applicant must agree to comply with all applicable State and federal laws and
regulations in implementing their proposed CDBG 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 CDBG funds.
Applicants should carefully review these requirements and consider their potential impact
when designing their CDBG project. Listed in the following certifications for Application are
the most important federal regulations that apply to projects using CDBG funds. They cover
a wide 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 law,
local officials who have any questions or concerns regarding the applicability of these
requirements should contact the Department of Commerce for guidance.
The local government will comply with all applicable parts of Title I of the Housing and
Community Develo ment Act of 1974, as amended, which have not been cited herein as
well as with other applicable federal laws and regulations.
The local government will comply with all requirements established by the Department of
Commerce and applicable State laws, regulations, and administrative procedures.
The local government accepts the terms, conditions, selection criteria, and procedures
established by the Montana community Development Block Grant (CDBG) Program 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 CDBG funds.
ACQUISITION, DISPLACEMENT AND RELOCATION
The local government will minimize displacement as a result of activities assisted with
CDBG funds and assist persons actually displaced.
The local government will comply with:
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• The Uniform Relocation Assistance and Real Progerty ac u isition Policies Act of
1970 (The Uniform Acts a amended, g lations 49 CFR Part 24
__.....--____-- s am nd d, and re u
and the requirements of Section 676.496a. These laws 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 CDBG 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.
■ The Antidisplacement and Relocation Assistance Plan adopted by the Montana
Department of Commerce for the Montana CDBG program.
ASSESSMENTS FOR PUBLIC IMPROVEMENTS
The local government will not attempt to recover any capital costs of public improvements
assisted in whole or part with CDBG 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, unless:
a. CDBG funds are used to pay the proportion of such fee or assessment that
relates to the capital costs of such public Improvements that are financed
from revenue sources other than CDBG funds; or,
b. for purposes of assessing any amount against properties owned and
occupied by persons of low and moderate income who are not persons of
very low income, the applicant certifies that it lacks sufficient CDBG funds to
comply with the requirements of clause a, above.
BUILDING STANDARDS
The local government will require every building or facility (other than a privately owned
residential structure) designed, constructed, or altered with funds provided under the
Montana CDBG 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 CFR 101 -19.604. It will also
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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.
CITIZEN PARTICIPATION
The local government will comply with the detailed Citizen Participation Plan adopted by
the Montana Department of commerce for the Montana CDBG program.
CIVIL RIGHTS, EQUAL OPPORTUNITY, AND FAIR HOUSING REQUIREMENTS
Civil Rights
The local government will comply with Title VI of the civil Ri hts Act of 1964 (42 U.S.C.
2000d et seq.), and the regulations issued pursuant thereto (24 CFR 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 take 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.
Equal Opportunity
The local government will comply with:
■ Section 109 of the Housing and Community Development Act of 1974 as amended,
and the regulations issued pursuant 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.G. 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;
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
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handicap, be excluded from participation (including employment), denied program
benefits or subjected to discrimination under any program or activity receiving
federal assistance funds;
• section 3 of the Housing and Community Development Act of 1968 (12 U.S.C.
1701u) (24 CFR Part 135). section 3 of the Housing and Urban Development Act of
1968 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 must assure good faith efforts toward compliance
with the statutory directive of section 3; and
• Executive order 11246, as amended by Executive orders 11375 and 12086, and
the regulations issued pursuant thereto (24 CFR Part 130 and 41 CFR Chapter60)
prohibit a CDBG 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, must 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 must 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 must 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
The local government will affirmatively further fair housing and will comply with:
• Title VIII of the Civil Rights Act of 1968 also known as The Fair Housing Act (42
U.S.C. 3601 et seq.), as amended by the Fair Housing 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 way making unavailable or denying a dwelling to any person, because of
race, color, religion, sex, national origin, handicap, or familial status. CDBG
grantees must also administer programs and activities relating to housing and
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community development in a manner that affirmatively promotes fair housing and
furthers the purposes of Title Vlll; and
• Executive order 11063, as amended by Executive order 12259, requires CDBG
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.
Prohibition of Discrimination on Basis of Religion
The local government will comply with section 109(a) of the Housing and community
Development Act which 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
CDBG funds on the basis of his or her religion or religious affiliation.
Prohibition of Excessive Force
The local government will, if awarded CDBG 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.
CONFLICT OF INTEREST
The local government will comply with the provisions of 24 CFR 570.611 and with sections
2-2-125, 2-2-2017 7-3-43679 7-5-2106, and 7-5-4109, MCA, (as applicable) regarding the
avoidance of conflict of interest.
ENVIRONMENTAL REQUIREMENTS
Air Quality
The local government will comply with the clean Air Act (42 U.S.C. 7401, et seq.) which
prohibits engaging in, supporting in anyway 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
The local government will comply with:
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• 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 1959 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 1959 are specified in
regulations issued pursuant to section 104(f) of the Act and contained in 24 CFR
Part 58; and
• The National Environmental Policy Act of 1959 (42 U.S.C. 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
unintended consequences. Environmental review procedures are a necessary part
of this process. Pursuant to these 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.
The local government's chief executive officer orother officer ofthe applicant approved by
the State:
1, consents to assume the status of responsible federal official under the
National Environmental Policy Act of 1959 (NEPA) and other provisions of
federal law, as specified in 24 CFR Part 58, which further the purposes of
NEPA, insofar as the provisions of such federal law apply to the Montana
Community Development Block 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.
EPA List of Violating Facilities
The local government 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.
Farmlands Protection
The local government will comply with the Farmlands Protection Polic Act of 1981 (7
U.S.C. 4202, et seq.) and any applicable regulations (7 CFR Part 558) which established
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compliance procedures for any federally assisted project which will convert farmlands
designated as prime, unique or statewide or locally important, to nonagricultural uses.
FloodPlain Management and wetlands Protection
The local government will comply with:
• the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975,
approved December31, 1973. section 102(a) required, on and after March 2, 1974,
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 floodplains and
(2) avoid direct or indirect support of floodplain development wherever there is a
practical alternative. If a grantee proposes to conduct, support or allow an action to
be located in the floodplain, the grantee must consider alternatives to avoid adverse
effects and incompatible involvement in the floodplains. If siting 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 wetlands (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.
Historic Preservation
The local government 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 Soo and 36
CFR 63. Compliance with these procedures should include:
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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 CDBG project's area of potential
environmental impact, and/or to determine the need for professional
archaeological, historical, or architectural inventory of potentially affected
properties to determine whether they would qualify for register listing; and
2. consulting, as needed with the SHPG, 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 CDBG work and to determine how to avoid or mitigate adverse
effects to significant properties from project work.
Lead -Based Paint
The local government will comply with Title IV of the Lead -based Paint Poisonin
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.
Noise, Facility Siting
The local government will comply with HUD Environmental Standards (24 CFR, Part 51,
Environmental Criteria and Standards and 44 F.R. 40860-40800, July 12, 1979) which
prohibit HUD support for most new construction of noise -sensitive uses is prohibited in
general for projects with unacceptable noise exposures is discouraged for projects with
normally unacceptable noise exposure. Additionally projects may not be located near
facilities handling materials of an explosive or hazardous nature, or in airport clear zones.
Solid Waste
The local government will comply with the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovea Act of 1978 , U.S.C. section 6901et se
(42 q }. 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
The local government will comply with:
• the Safe Drinking Water Act of 1974 (42 U.S.C. Section 201, Soo(f) et seq. and
U.S.C. Section 349), as amended, particularly Section 1424(e) (42 U.S.C. Section
300H-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
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provides for the restoration and maintenance of the chemical, physical and
biological integrity of the nation's water.
Wildlife
The local government will comply with:
■ the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq. ). The
intent of this Act is to ensure that all federally assisted projects seek 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. 551 et seq.)
which requires that wildlife conservation receives equal consideration and is
coordinated with other features of water resource development programs.
Wild and Scenic Rivera
The local government will comply with the wild and Scenic Rivers Act of 1968, as
amended (16 U.S.C. 1271, et seq.). The purpose of this Act is to preserve selected rivers
or sections of rivers in their free -flowing 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 water 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 River System.
Executive order 12898 Environmental Justice: This project is in compliance with 24 CFR
Part 1 B, C and D and is not located in a special flood hazard area. It has been determined
that this project will not have a disproportionately high and adverse human health or
environmental effect on minority and or low-income populations. This project will not
exclude participation in or deny benefits to people because of their race, color or national
.
origin.
FINANCIAL MANAGEMENT
The local government will comply with the applicable requirements of:
■ OMB Circular A-87, "Cost Principles for State and Local Governments," as specified
by the Department of Commerce;
• HUD "Administrative Re uirements for Grant and G erative Agreements to State
Local and Federall -Reco nixed Indian Tribal Governments," (24 CFR, Part 85), or
any equivalent procedures and requirements that the Montana Department of
Commerce may prescribe. The HUD Administrative Requirements are the basis for
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a number of specific requirements on the financial management and record keeping
of CDBG funds. The requirements apply to cash depositories, bonding and
insurance, record keeping, program income, property management, procurement,
closeout, audit, and other requirements; and
• The Sin le Audit Act of 1984, as amended by the Single Audit Act of 1996 (the
ASingle Audit Act Amendments"), which establishes criteria for determining the
scope and content of the audits and OMB circular A-133, AAudits of States, Local
Governments, and Non -Profit Organizations," revised June 24, 1997. (OMB Circular
A-133 supersedes OMB circular A-128, AAudits of State and Local Governments,"
which has been rescinded.)
The local government will promptly refund to the Montana Department of commerce any
CDBG funds determined by an audit to have been spent in an unauthorized or improper
manner or for ineligible activities.
The local government 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.
LABOR STANDARDS
The local government will comply with:
• Section 110 of the Housing and Community Development Act of 1975, as amended,
24 CFR 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.C. 270-1- 275a-5). By
reason of the foregoing requirement the Contract Work Hours and Safety Standards
Act (40 U.S.C. 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. 270(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 week, and without subsequent
deduction or rebate on any account except "permissible" salary deductions, the full
amounts due at the time of payments, computed at wage rates not less than 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;
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• 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 times 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 wage, and also that
they be paid one and one-half times their basic wage rate for all hours worked in
excess of the prescribed workweek.
LEGAL AUTHORITY
The local government 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.
LORRYING
The local government 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 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 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 Form 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.
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■ 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
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.
POLITICAL ACTIVITY
The local government will comply with the Hatch Act (5 U.S.C. 1501, 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.
AUTHORIZATION TO SUBMIT APPLICATION
The local government 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)
Name (typed or printed)
Title
Date
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