Many elements of this document may be completed
electronically, however a signature must be manually applied and the document
must be submitted in paper form to the Field Office.
This certification does not apply.
This certification is applicable.
NON-STATE GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug-free
workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about –
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will –
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted –
a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying -- To the best of the jurisdiction's knowledge and
belief:
8. No
Federal appropriated funds have been paid or will be paid, by or on behalf of
it, to any
person for influencing or attempting to influence an officer or employee of any
agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress
in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or
cooperative agreement;
9. If
any funds other than Federal appropriated funds have been paid or will be paid
to any
person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, it will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions; and
10. It
will require that the language of paragraph 1 and 2 of this anti-lobbying
certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135.
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05/06/08 |
Signature/Authorized Official Date
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Michael Dever |
Name
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Mayor, City of Lawrence, KS |
Title
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6 East 6th Street |
Address
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Lawrence, KS 66044 |
City/State/Zip
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785-832-3400 |
Telephone Number
This certification does not apply.
This certification is applicable.
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
11. Maximum
Feasible Priority - With respect to activities expected to be assisted with
CDBG funds, it certifies that it has developed its Action Plan so as to give
maximum feasible priority to activities which benefit low and moderate income
families or aid in the prevention or elimination of slums or blight. The Action
Plan may also include activities which the grantee certifies are designed to
meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or
welfare of the community, and other financial resources are not available);
12. Overall
Benefit - The aggregate use of CDBG funds including section 108 guaranteed
loans during program year(s) 2 , 2 , 2 , (a period specified by the grantee consisting of
one, two, or three specific consecutive program years), shall principally
benefit persons of low and moderate income in a manner that ensures that at
least 70 percent of the amount is expended for activities that benefit such persons
during the designated period;
13. Special
Assessments - It will not attempt to recover any capital costs of public
improvements assisted with CDBG funds including Section 108 loan guaranteed
funds by assessing any amount against properties owned and occupied by persons
of low and moderate income, including any fee charged or assessment made as a
condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment
that relates to the capital costs of public improvements (assisted in part with
CDBG funds) financed from other revenue sources, an assessment or charge may be
made against the property with respect to the public improvements financed by a
source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG funds, including Section 108, unless CDBG funds
are used to pay the proportion of fee or assessment attributable to the capital
costs of public improvements financed from other revenue sources. In this case,
an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds. Also, in the
case of properties owned and occupied by moderate-income (not low-income)
families, an assessment or charge may be made against the property for public
improvements financed by a source other than CDBG funds if the jurisdiction
certifies that it lacks CDBG funds to cover the assessment.
Excessive Force -- It has
adopted and is enforcing:
14. A
policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil
rights demonstrations; and
15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations.
Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24;
Compliance with Laws -- It will comply with applicable laws.
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05/06/08 |
Signature/Authorized Official Date
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Michael Dever |
Name
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Mayor, City of Lawrence, KS |
Title
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6 East 6th Street |
Address
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Lawrence, KS 66044 |
City/State/Zip
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785-832-3400 |
Telephone Number
This certification does not apply.
This certification is applicable.
OPTIONAL CERTIFICATION
CDBG
Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs.
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Signature/Authorized Official Date
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Name
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Title
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Address
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City/State/Zip
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Telephone Number
This certification does not apply.
This certification is applicable.
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing.
Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214.
Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing;
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05/06/08 |
Signature/Authorized Official Date
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Michael Dever |
Name
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Mayor, City of Lawrence, KS |
Title
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6 East 6th Street |
Address
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Lawrence, KS 66044 |
City/State/Zip
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785-841-3400 |
Telephone Number
This certification does not apply.
This certification is applicable.
HOPWA Certifications
The HOPWA grantee certifies that:
Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources.
Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan:
1.
For at least 10 years in the case of assistance
involving new construction, substantial rehabilitation, or acquisition of a
facility,
2. For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure.
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Telephone Number
This certification does not apply.
This certification is applicable.
ESG Certifications
I, , Chief
Executive Officer of Error! Not a valid link., certify that the local government will ensure the provision of the
matching supplemental funds required by the regulation at 24 CFR
576.51. I have attached to this
certification a description of the sources and amounts of such supplemental
funds.
I
further certify that the local government will comply with:
1.
The
requirements of 24 CFR 576.53 concerning the continued use of buildings
for which Emergency Shelter Grants are used for rehabilitation or conversion of
buildings for use as emergency shelters for the homeless; or when funds are
used solely for operating costs or essential services.
2.
The building
standards requirement of 24 CFR 576.55.
3.
The
requirements of 24 CFR 576.56, concerning assurances on services and
other assistance to the homeless.
4.
The
requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR
Part 576, and other applicable federal laws concerning nondiscrimination and
equal opportunity.
5.
The
requirements of 24 CFR 576.59(b) concerning the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970.
6.
The
requirement of 24 CFR 576.59 concerning minimizing the displacement of
persons as a result of a project assisted with these funds.
7.
The
requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of
1988.
8.
The
requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and
implement procedures to ensure the confidentiality of records pertaining to any
individual provided family violence prevention or treatment services under any
project assisted with ESG funds and that the address or location of any family
violence shelter project will not be made public, except with written
authorization of the person or persons responsible for the operation of such
shelter.
9.
The
requirement that recipients involve themselves, to the maximum extent
practicable and where appropriate, homeless individuals and families in
policymaking, renovating, maintaining, and operating facilities assisted under
the ESG program, and in providing services for occupants of these facilities as
provided by 24 CFR 76.56.
10.
The
requirements of 24 CFR 576.57(e)
dealing with the provisions of, and regulations and procedures applicable with
respect to the environmental review responsibilities under the National
Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58.
11.
The
requirements of 24 CFR 576.21(a)(4)
providing that the funding of homeless prevention activities for families that
have received eviction notices or notices of termination of utility services
will meet the requirements that: (A) the inability of the family to make the
required payments must be the result of a sudden reduction in income; (B) the
assistance must be necessary to avoid eviction of the family or termination of
the services to the family; (C) there must be a reasonable prospect that the
family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting
homeless prevention activities from any other source.
12.
The new requirement of the McKinney-Vento Act
(42 USC 11362) to develop and
implement, to the maximum extent practicable and where appropriate, policies
and protocols for the discharge of persons from publicly funded institutions or
systems of care (such as health care facilities, foster care or other youth
facilities, or correction programs and institutions) in order to prevent such
discharge from immediately resulting in homelessness for such persons. I further understand that state and local
governments are primarily responsible for the care of these individuals, and
that ESG funds are not to be used to assist such persons in place of state and
local resources.
13.
HUD’s standards for participation in a local
Homeless Management Information System
(HMIS) and the collection and reporting of client-level information.
I further certify that the submission of a
completed and approved Consolidated Plan with its certifications, which act as
the application for an Emergency Shelter Grant, is authorized under state
and/or local law, and that the local government possesses legal authority to
carry out grant activities in accordance with the applicable laws and
regulations of the U. S. Department of Housing and Urban Development.
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Signature/Authorized Official Date
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Name
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Title
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Address
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City/State/Zip
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Telephone Number
This certification does not apply.
This certification is applicable.
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug-Free Workplace Requirements
Lobbying Certification
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification.
2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three).
6.
The grantee may insert in the space provided
below the site(s) for the performance of work done in connection with the
specific grant: Place of Performance (Street address, city, county, state, zip
code)
Check if there are workplaces on file that are not identified here. The
certification with regard to the drug-free workplace is required by 24 CFR part
21.
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7. Definitions
of terms in the Nonprocurement Suspension and Debarment common rule and
Drug-Free Workplace common rule apply to this certification. Grantees'
attention is called, in particular, to the following definitions from these
rules: "Controlled substance" means a controlled substance in
Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR
1308.11 through
1308.15); "Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or State
criminal drug statutes; "Criminal drug statute" means a Federal or
non-Federal criminal statute involving the manufacture, distribution, dispensing,
use, or possession of any controlled substance; "Employee" means the
employee of a grantee directly engaged in the performance of work under a
grant, including:
All "direct charge" employees;
all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and
a. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces).
Note that by signing these certifications, certain
documents must completed, in use, and on file for verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3. Anti-displacement and Relocation Plan
|
05/06/08 |
Signature/Authorized Official Date
|
Michael Dever |
Name
|
Mayor, City of Lawrence, KS |
Title
|
6 East 6th Street |
Address
|
Lawrence, KS 66044 |
City/State/Zip
|
785-832-3400 |
Telephone Number