HomeMy WebLinkAbout20141036.tiff RESOLUTION
RE: APPROVE ADOPTION OF LIMITED ENGLISH PROFICIENCY (LEP) PLAN,
ANTI-DISPLACEMENT/ RELOCATION PLAN, AND CITIZEN PARTICIPATION PLAN
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the County receives federal funds from various federal agencies and is,
therefore, required to comply with Executive Order 13166, which requires to County to provide
Limited English Proficiency (LEP) persons with meaningful access to County services; the
County has developed a LEP plan, which is attached hereto and fully incorporated herein, and
WHEREAS, the County receives Community Development Block Grant (CDBG) funding
from the Colorado Department of Local Affairs and is, therefore, required to adopt a Residential
Anti-displacement and Relocation Plan, and a Citizen Participation Plan, pursuant to
Section 104(d) of the Housing and Community Development Act of 1974; the County has
developed a Residential Anti-displacement and Relocation Plan and a Citizen Participation
Plan, which are attached hereto and fully incorporated herein, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the aforementioned plans be, and hereby are, adopted.
BE IT FURTHER RESOLVED that the Chair is authorized to sign said plans.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: (t C� , ,,/ . -czJ ,<OJtwv. rt�J✓
C/ .aC L[o,.L � Dougla Raderriacher, Chair
Weld County Clerk to the Boa .►
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BY:
Depu Clerk to the Boar.�� 7•r r� a
iii � . -�, =-an P. Conway
D AS RM:
Mike e . -
o y torney
William F. Garcia
/Date of signature: l"1(p 4 3G)Pica F;
2_1-
2014-1036
BC0046
Limited English Proficient(LEP)Plan
A. Weld County receives federal funds from various federal agencies, and is therefore
required to comply with Executive Order 13166. As such, Weld County is committed to
prohibiting discrimination on the basis of national origin in violation of 42 U.S.C. 2000d §601 et.
seq., and therefore will provide meaningful access to Weld County's programs and services for
Limited English Proficient(LEP)persons.
B. Definitions
1. Limited English Proficient(LEP)Persons—Individuals who do not speak English as
their primary language and who have a limited ability to read,write, speak, or
understand English can be limited English proficient, or "LEP," are entitled to
language assistance with respect to a particular type of service, benefit, or encounter.
2. Interpretation is the act of listening to something in one language(source language)
and orally translating it into another language(target language).
3. Translation is the replacement of a written text from one language(source language)
into an equivalent written text in another language (target language).
C. Language Assistance Plans
1. Departments and divisions of Weld County that come into contact with the public
must provide meaningful access to LEP persons, and are encouraged to develop
language assistance plan. When determining how to most efficiently and effectively
provide services to LEP person,the department should consider the following:
a. The number or proportion of LEP persons eligible to be served or likely to be
encountered by the department;
b. The frequency with which LEP individuals come in contact with the
department;
c. The nature and importance of the program, activity, or service provided by the
program to people's lives; and
d. The resources available to the department compared to the costs of the plan.
2. Elements of the Language Assistance Plan.At a minimum, each department's
language assistance plan should include the following:
a. Determining ways of identifying LEP individuals who need language
assistance;
b. Identifying language assistance procedures for the benefit of LEP persons;
c. Providing for the training of department staff as necessary;
d. Providing notice to LEP persons of language assistance; and
2014-1036
e. Monitoring and updating the language assistance plan as needed.
D. Use of interpreters
1. The use of interpreters is encouraged. An interpreter must be competent to accurately
communicate in both languages, including specialized terms if necessary. An
interpreter may not act as an advocate or advisor.
2. The hiring of bilingual staff is encouraged, but a bilingual staff member may not be
competent to interpret, depending on the circumstances.
3. The department should be careful when using family or friends as interpreters. Such
persons may have a conflict of interest, may not be appropriately competent, or the
individual might limit full disclosure of information in front of a friend or family
member.
E. Translation
In order to limit interpreter costs, each department should have all vital documents
translated into the languages of frequently encountered LEP groups.
RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN
for the Community Development Block Grant(CDBG)Program
Weld County does hereby adopt this Residential Anti-displacement and Relocation Plan as required by the
provisions of the Section 104(d)of the Housing and Community Development Act of 1974,as amended[42 USC
5301 et sec.],and implements regulations 24 CFR 570.488 and 570.606 as a condition of receiving CDBG funding
from the Colorado Department of Local Affairs.
Weld County will not apply CDBG funds to any project or activity that results in the displacement of residents or
businesses,unless Weld County determines that the project or activity's benefit to the community substantially
outweighs the hardshiop,expense,and inconvenience placed on the residents,businesses and/or Weld County
Government.To the extent that displacement is necessary,Weld County will replace all occupied and vacant
occupiable low/moderate income dwelling units demolished or converted to a use other than low/moderate income
housing as a direct result of activities assisted with CDBG funds.
All replacement housing will be provided within three years of the commencement of the demolition or
rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such
demolition or conversion,Weld County will make public and submit to the State the following information in
writing:
1. Description of the proposed assisted activity;
2. The location on a map and approximate number of dwelling units by size(number of bedrooms)that will
be demolished or converted to a use other than as low/moderate dwelling units as a direct result of the
assisted activity;
3. A time schedule for the commencement and completion of the demolition or conversion;
4. The location on a map and approximate number of dwelling units by size(number of bedrooms)that will
be provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision of replacement dwelling units;and,
6. The basis for concluding that each replacement dwelling unit will remain in a low/moderate income
dwelling unit for at least 10 years from the date of initial occupancy.
7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is
consistent with the housing needs of low/moderate-income households in the municipality.
Weld County will provide relocation assistance,as described in 570.496a(b)(2),to each low/moderate income
household displaced by the demolition of housing or by the conversion of a low/moderate income dwelling to
another use as a direct result of assisted activities.
Consistent with the goals and objectives of activities assisted under the Act,Weld County will take the steps
indicated below to minimize the displacement of persons from their homes:*
• Consider all practical alternatives to any proposed project that may result in residential displacement.
Alternatives to be considered include other sites for the proposed facilities/project. Also to be considered
are the costs and benefits,both financial and nonfinancial,of each alternative.
• Provide counseling and referral services to assist displacees find alternative housing in the community.
Weld County may also consider,on a case by case basis,any and all of the following:
• Work with area landlords and real estate brokers to locate vacancies for households facing displacement.
• Stage rehabilitation of assisted housing to allow tenants to remain during and after rehabilitation,working
with empty buildings or groups of empty units first so they,can be rehabilitated first and tenants moved in
before rehab on occupied units or buildings is begun.
• Establish temporary relocation facilities in order to house families whose displacement will be of short
duration,so they can move back to their neighborhoods after rehabilitation or new construction.
• Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent their placing undue
financial burden on long-established owners or on tenants of multi-family buildings.
• Develop displacement watch systems in cooperation with neighborhood organizations to continuously
review neighborhood development trends,identify displacement problems,and identify individuals
facing displacement who need assistance.
APR 0 2 2014
�r,Wed County eard of County Commissioners Date
CITIZEN PARTICIPATION PLAN
for the Community Development Block Grant(CDBG) Program
Pursuant to Section 104(a) (3) of the Housing and Community Development Act of 1974, as amended, this Citizen
Participation Plan is hereby adopted to ensure that the citizens of Weld County, particularly persons of low and
moderate income residing in slum and blight areas and in areas in which CDBG funds are proposed to be used, are
provided the opportunity and encouraged to participate in the planning and implementation of CDBG-funded
activities.
PUBLIC HEARING
Public hearings will be the primary means of obtaining citizen views and responding to proposals and questions
related to community development and housing needs, proposed CDBG activities and past CDBG performance.
Prior to submitting a CDBG application to the State,the Weld County will conduct at least one public hearing to
identify community development and housing needs, including the needs of low and moderate income persons, as
well as other needs in the community that might be addressed through the CDBG program, and to review proposed
CDBG activities and the past performance of Weld County in carrying out its CDBG responsibilities. In the event
CDBG funds are granted by the State,Weld County will conduct at least one additional public hearing to allow
citizens to review and comment on its performance in carrying out its CDBG program.
A formal public notice will be published in a newspaper of general circulation in the area at least five (5)days prior
to such public hearings.A public notice will also be posted in places frequented by the public, especially low and
moderate income persons and persons benefiting from or affected by proposed CDBG activities. As circumstances
warrant and as Weld County determines necessary or appropriate, participation may additionally be specifically
solicited from persons of low and moderate income,those benefiting from or affected by CDBG activities and/or
representatives of such persons. Hearings will be held at times and locations convenient to potential and actual
beneficiaries, and with accommodation for the handicapped. In the case of public hearings where a significant
number of non-English speaking residents can be reasonably expected to participate, arrangements will be made
to have an interpreter present.
PUBLIC INFORMATION AND RECORDS
Information and records regarding the proposed and past use of CDBG funds will be available at the Weld County
Commissioners' Office during regular office hours.The public will be so informed by public notice. Special
communication aids can be made available to persons upon request.
TECHNICAL ASSISTANCE
Weld County will provide technical assistance to groups representative of persons of low and moderate income that
request assistance in developing CDBG proposals. The level and type of assistance appropriate will be determine
by Weld County based on its ability to provide or arrange for such assistance,the cost of providing such assistance
and other relevant factors.
WRITTEN COMMENTS AND RESPONSES
Weld County will respond to written complaints and grievances in writing in a timely manner. When practicable,
such written responses shall be made within fifteen (15)working days.
APR 0 2 2014
�c .mom air, W Id County oard of County Commissioners Date
a.o/Y/Age
EXHIBIT I-B
Community Development Block Grant Program
APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS
The applicant hereby assures and certifies that:
(a) It possesses:
(1) Legal authority to apply for the grant and to execute the proposed project,
and its governing body has duly adopted or passed as an official act a resolution,
motion or similar action authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing
the applicant's chief executive officer and/or other designated official
representatives to act in connection with the application and to provide such
additional information as may be required; and
(2) Has developed its application, including its projected use of funds, so as
to give maximum feasible priority to activities that will benefit low and moderate
income persons or aid in the prevention or elimination of slums or blight. (The
requirement for this certification will not preclude the State from approving an
application where the applicant certifies and the State determines, that all or part
of the proposed project activities are designed to meet other community
development needs that have arisen during the preceding twelve-month period
and have particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community and where other
financial resources are not available to meet such needs.) Furthermore:
(A) With respect to activities it claims benefit low and moderate
income persons, it has determined and documented that not less than
fifty-one percent (51%) of the beneficiaries of the activity are low and
moderate income persons; and
(B) With respect to activities it claims aid in the elimination of
slums or blight, it has determined and documented:
(i) For activities to address slums or blight on
an area basis:
(I) The area meets a definition
of a slum, blighted, deteriorated or deteriorating area under
State or local law;
(II) Throughout the area, at least
twenty-five percent (25%) of the buildings are in a state of
deterioration or two or more types of public improvements
are in a state of deterioration;
(III) Documentation is being
maintained on the boundaries of the area and the condition
which qualified the area at the time of its designation; and
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(IV) The assisted activity
addresses one or more of the conditions which contributed
to the deterioration of the area.
(V) Rehabilitation will only be
undertaken on residential structures which are not
occupied by low and moderate income persons if such
structures are substandard under local definition, and
provided that all deficiencies making such structure
substandard must be corrected before less critical work on
the structure may be undertaken;
For activities to address slum or blight on a
spot basis, the activities must be designed to eliminate specific
conditions of blight or physical decay and must be limited to
acquisition, clearance, relocation, historic preservation and
rehabilitation of buildings, but only to the extent necessary to
eliminate specific conditions detrimental to public health and
safety.
(b) It is following a detailed citizen participation plan which:
(1) Provides for and encourages citizen participation with particular emphasis
on participation by persons of low and moderate income who are residents of
slum and blight areas and of areas in which Community Development Block
Grant (CDBG) funds are proposed to be used;
(2) Provides citizens with reasonable and timely access to local meetings,
information, and records relating to its proposed and actual use of CDBG funds;
(3) Provides for technical assistance to groups representative of persons of
low and moderate income that request such assistance in developing proposals
with the level and type of assistance to be determined by the applicant;
(4) Provides for public hearings to obtain citizen views and to respond to
proposals and questions at all stages of the community development program,
including at least the development of needs, the review of proposed activities,
and review of program performance, which hearings shall be held after adequate
notice at times and locations convenient to potential or actual beneficiaries, and
with accommodation for the handicapped;
(5) Provides for a timely written answer to written complaints and grievances,
within 15 working days where practicable; and
(6) Identifies how the needs of non-English speaking residents will be met in
the case of public hearings where a significant number of non-English speaking
residents can be reasonably expected to participate.
(c) It has provided for and encouraged citizen participation, with particular emphasis on
participation by persons of low and moderate income who are residents of slum and
blight areas and of areas in which CDBG funds are proposed to be used, by:
2 DOLA revised 05/2013
(1) Furnishing citizens information concerning the amount of funds available
for proposed community development and housing activities and the range of
activities that may be undertaken, including the estimated amount proposed to be
used for activities that will benefit persons of low and moderate income and its
plans for minimizing displacement of persons as a result of activities assisted
with CDBG funds and to assist persons actually displaced as a result of such
activities;
(2) Publishing a proposed project plan/application in such a manner to afford
citizens an opportunity to examine its content and to submit comments on the
proposed project plan/application and on the community development
performance of the jurisdiction(s);
(3) Holding one or more public hearings, as indicated below, to obtain citizen
views and to respond to proposals and questions related to community
development and housing needs, proposed activities and past CDBG
performance. All hearings were held no sooner than five days after notice, at
times and locations convenient to potential or actual beneficiaries, and with
accommodation for the handicapped and for the needs of non-English speaking
residents where a significant number of such residents could have been
reasonably expected to participate.
Applicant/Participant` Date Time Location
* In the case of a "multi jurisdictional" application, each participating municipality and county
must hold at least one public hearing.
(4) As applicable, providing citizens with reasonable and timely access to local
meetings, information and records regarding its proposed and past use of
CDBG funds;
(5) In preparing its project plan/application, considering any such comments and
views and, if deemed appropriate, modifying the proposed project
plan/application;
(6) Making the final project plan/application available to the public;
(7) Identifying its community development and housing needs, including the
needs of low and moderate income persons, and the activities to be
undertaken to meet such needs.
(d) In the event it is awarded CDBG funds by the State it will:
(1) Follow a residential anti-displacement and relocation assistance plan which
shall:
(A) In the event of such displacement, provide that:
3 DOLA revised 05/2013
(i) Governmental agencies or private developers shall provide
within the same community comparable replacement dwellings
for the same number of occupants as could have been housed
in the occupied and vacant occupiable low and moderate
income dwelling units demolished or converted to use other
than for housing for low and moderate income persons, and
provide that such replacement housing may include existing
housing assisted with project based assistance provided under
Section 8 of the United States Housing Act of 1937;
(ii) Such comparable replacement dwellings shall be designed to
remain affordable to persons of low and moderate income for
10 years from the time of initial occupancy;
(iii) Relocation benefits shall be provided for all low or moderate
income persons who occupied housing demolished or
converted to a use other than for low or moderate income
housing, including reimbursement for actual and reasonable
moving expenses, security deposits, credit checks, and other
moving-related expenses, including any interim living costs;
and, in the case of displaced persons of low and moderate
income, provide either
(I) compensation sufficient to ensure that, for a 5-year
period, the displaced families shall not bear, after
relocation, a ratio of shelter costs to income that
exceeds 30 percent; or,
(II) if elected by a family, a lump-sum payment equal to the
capitalized value of the benefits available under sub
clause (I) to permit the household to secure
participation in a housing cooperative or mutual housing
association.
(iv) Persons displaced shall be relocated into comparable
replacement housing that is:
(I) decent, safe, and sanitary;
(II) adequate in size to accommodate the occupants;
(III) functionally equivalent; and,
(IV) in an area not subject to unreasonably adverse
environmental conditions;
(B) persons displaced shall have the right to elect, as an alternative to the
benefits under this subsection to receive benefits under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 if such persons determine that it is in their best interest to do so;
and,
4 DOLA revised 05/2013
(C) where a claim for assistance under subparagraph (A)(iv) is denied by
grantee, the claimant may appeal to the State, and that the decision of
the State shall be final unless a court determines the decision was
arbitrary and capricious.
(2) Comply with the provisions of the above paragraph (1) except that paragraphs
(A)(i) and (A)(ii) shall not apply in any case in which the Secretary of the U.S.
Department of Housing and Urban Development finds, on the basis of
objective data, that there is available in the area an adequate supply of
habitable affordable housing for low and moderate income persons. A
determination under this paragraph is final and no reviewable.
(3) Provide citizens with reasonable notice of, and opportunity to comment on, any
substantial change proposed to be made in the use of CDBG funds from one
eligible activity to another by following the same procedures required in paragraph
(c) for the preparation and submission of the final project plan/application.
(e) It will:
(1) Minimize displacement of persons as a result of activities assisted with CDBG
funds and provide for reasonable benefits to any person involuntarily and
permanently displaced as a result of the use of CDBG funds to acquire or
substantially rehabilitate property;
(2) Affirmatively further fair housing in addition to conducting and administering its
project in conformity with Public Law 88-352 and Public Law 90-284 as certified in
paragraph (h) hereinafter;
(3) 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 the CDBG program, or
(B) for purposes of assessing any amount against properties owned and
occupied by persons of moderate income who are not persons of low
income, it certifies that it lacks sufficient CDBG funds to comply with
the requirements of subparagraph (A);
(f) 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 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 Colorado
Community Development Block Grant (CDBG) Program;
5 DOLA revised 05/2013
(2) Is authorized and consents on behalf of the applicant and himself/herself to
accept the jurisdiction of the Federal courts for the purpose of enforcement of
his/her responsibilities as such an official.
(g) It will comply with the financial management regulations, policies, guidelines and
requirements set forth in the CDBG Public Facilities and/or Housing Guidebook.
(h) It will comply with:
(1) Section 110 of the Housing and Community Development Act of 1974, as
amended, and any State regulations regarding the administration and
enforcement of labor standards;
(2) Davis-Bacon Fair Labor Standards Act(40 USC 276a -276a-5) requiring
that, on all prime contracts which exceed $2,000 for federally-assisted
construction, alteration or rehabilitation, laborers and mechanics employed by
contractors or subcontractors shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by the
Secretary of Labor. (This requirement applies to the rehabilitation of
residential property only if such property is designed for use of eight or more
families.)
(3) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et
seq.) requiring that mechanics and laborers employed on federally-assisted
contracts which exceed $2,000 be paid wages of not less than one and
one-half times their basic wage rates for all hours worked in excess of forty in
a work week.
(4) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and
prescribing penalties for"kickbacks" of wages in federally- financed or
assisted construction activities.
(i) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d))
prohibiting discrimination on the basis of race, color, religion or religious
affiliation, or national origin in any program or activity receiving federal
financial assistance.
(2) The Fair Housing Act(42 USC 3601-20), as amended, prohibiting housing
discrimination on the basis of race, color, religion, sex, national origin,
handicap, and familial status.
(3) Section 109 of the Housing and Community Development Act of 1974 (42
USC 5309), as amended, providing that no person shall be excluded from
participation (including employment), denied program benefits or subjected to
discrimination on the basis of race, color, national origin or sex under any
program or activity funded in whole or in part under Title I (Community
Development) of the Housing and Community Development Act.
6 DOLA revised 05/2013
(4) Executive Order 11063 (1962), as amended by Executive Order 12259,
requiring equal opportunity in housing by prohibiting discrimination on the
basis of race, color, religion, sex or national origin in the sale or rental of
housing built with federal assistance.
(5) Executive Order 11246 (1965), as amended by Executive Orders 11375,
prohibiting discrimination on the basis of race, color, religion, sex or national
origin in any phase of employment during the performance of federal or
federally-assisted contracts in excess of$2,000.
(6) Section 3 of the Housing and Community Development Act of 1968 (12
USC 1701 (u)), as amended, providing that, to the greatest extent feasible,
opportunities for training and employment that arise through HUD-financed
projects, will be given to lower-income persons in the unit of the project area,
and that contracts be awarded to businesses located in the project area or to
businesses owned, in substantial part, by residents of the project area.
(7) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended,
providing that no otherwise qualified individual shall, solely by reason of a
handicap, be excluded from participation (including employment), denied
program benefits or subjected to discrimination under any program or activity
receiving federal funds. Effective communication with persons of all types of
disabilities must be ensured.
(8) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing 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 funds.
(j) It will comply with:
(1) Section 104(d) of the Housing and Community Development Act of 1974,
as amended (42 USC 5301), known as the "Barney Frank Amendment,"
and the HUD implementing regulations at 29 CRF Part 570, requiring that
local grantees follow a residential antidisplacement and relocation assistance
plan which provides for the replacement of all low/moderate-income dwelling
units that are demolished or converted to another use as a direct result of the
use of CDBG funds, and which provides for relocation assistance for all
low/moderate-income households so displaced.
(2) Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended --Title III, Real Property Acquisition (Pub. L.
91-646 and HUD implementing regulations at 49 CFR Part 24), providing
for uniform and equitable treatment of persons displaced from their homes,
businesses, or farms by Federal or Federally- assisted programs and
establishing uniform and equitable land acquisition policies for federal assisted
programs. Requirements include bona fide land appraisals as a basis for land
acquisition, specific procedures for selecting contract appraisers and contract
negotiations, furnishing to owners of property to be acquired a written
summary statement of the acquisition price offer based on the fair market
price, and specified procedures connected with condemnation.
(3) Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended --Title II, Uniform Relocation Assistance (Pub.
7 DOLA revised 05/2013
L. 91-646 and HUD implementing regulations at 49 CFR Part 24), providing
for fair and equitable treatment of all persons displaced as a result of any
federal or federally-assisted program. Relocation payments and assistance,
last-resort housing replacement by displacing agency, and grievance
procedures are covered under the Act. Payments and assistance will be
made pursuant to state or local law, or the grant recipient must adopt a written
policy available to the public describing the relocation payments and
assistance that will be provided. Moving expenses and up to $22,500 or more
for each qualified homeowner or up to $5,250 or more for each tenant are
potential costs.
(k) It will comply with:
(1) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as
amended, and the implementing regulations of HUD (24 CFR Part 58) and of
the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing
for establishment of national policy, goals, and procedures for protecting,
restoring and enhancing environmental quality.
(2) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as
amended, requiring consideration of the effect of a project on any district, site,
building, structure or object that is included in or eligible for inclusion in the
National Register of Historic Places.
(3) Executive Order 11593, Protection and Enhancement of the Cultural
Environment, May 13, 1971 (36 FR 8921 et seq.) requiring that
federally-funded projects contribute to the preservation and enhancement of
sites, structures and objects of historical, architectural or archaeological
significance.
(4) The Archaeological and Historical Data Preservation Act of 1974,
amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.),
providing for the preservation of historic and archaeological data that would be
lost due to federally-funded development and construction activities.
(5) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR
26951 et seq.) prohibits undertaking certain activities in flood plains unless it
has been determined that there is no practical alternative, in which case notice
of the action must be provided and the action must be designed or modified to
minimize potential damage.
(6) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR
26961 et seq.) requiring review of all actions proposed to be located in or
appreciably affecting a wetland. Undertaking or assisting new construction
located in wetlands must be avoided unless it is determined that there is no
practical alternative to such construction and that the proposed action includes
all practical measures to minimize potential damage.
(7) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.),
as amended, prohibiting the commitment of federal financial assistance for
any project which the Environmental Protection Agency determines may
8 DOLA revised 05/2013
contaminate an aquifer which is the sole or principal drinking water source for
an area.
(8) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended,
requiring that actions authorized, funded, or carried out by the federal
government do not jeopardize the continued existence of endangered and
threatened species or result in the destruction or modification of the habitat of
such species which is determined by the Department of the Interior, after
consultation with the State, to be critical.
(9) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as
amended, prohibiting federal assistance in the construction of any water
resources project that would have a direct and adverse affect on any river
included in or designated for study or inclusion in the National Wild and Scenic
Rivers System.
(10) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring
that federal assistance will not be given and that license or permit will not be
issued to any activity not conforming to the State implementation plan for
national primary and secondary ambient air quality standards.
(11) HUD Environmental Criteria and Standards (24 CFR Part 51) providing
national standards for noise abatement and control, acceptable separation
distances from explosive or fire prone substances, and suitable land uses for
airport runway clear zones.
(I) It will:
(1) Comply with The Lead-Based Paint Poisoning Prevention Act --Title IV
(42 USC 4831) prohibiting the use of lead-based paint in residential structures
constructed or rehabilitated with federal assistance, and requiring notification
to purchasers and tenants of such housing of the hazards of lead-based paint
and of the symptoms and treatment of lead-based paint poisoning.
(2) Comply with the Armstrong/Walker "Excessive Force" Amendment, (P.L.
101-144) & Section 906 of Cranston-Gonzalez Affordable Housing Act of
1990, which requires that a recipient of HUD funds must certify that they have
adopted or will adopt and enforce a policy prohibiting the use of excessive
force by law enforcement agencies within their jurisdiction against individuals
engaged in nonviolent civil rights demonstrations; or fails to adopt and enforce
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 demonstration within its jurisdiction.
(3) Comply with the "Government-wide Restriction on Lobbying, (P.L. 101-
121), which prohibits spending CDBG funds to influence or attempt to
influence federal officials; which requires the filing of a disclosure form when
non-CDBG funds are used for such purposes; which requires certification of
compliance by the state; and which requires the state to include the
certification language in grant awards it makes to units of general local
government at all tiers and that all subrecipients shall certify accordingly as
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
9 DOLA revised 05/2013
required certification shall be subject to civil penalty of not less than $10,000
and not more than $100,000 for each failure.
(4) Comply with the Department of Housing and Urban Development Reform
Act of 1989 (24 CFR part 12) requiring applicants for assistance for a specific
project or activity from HUD, to make a number of disclosures if the applicant
meets a dollar threshold for the receipt of covered assistance during the fiscal
year in which an application is submitted. An applicant must also make the
disclosures if it is requesting assistance from HUD for a specific housing
project that involves assistance from other governmental sources.
(5) Give the State, the U.S. Department of Housing and Urban Development
(HUD), and any authorized representatives access to and the rights to
examine all records, books, papers or documents related to the application
and grant; and
(m) It will comply with all parts of Title 1 of the Housing and Community Development Act
of 1974, as amended, which have not been cited previously as well as with other
applicable laws and regulations.
motto
oignature, Chief lected Offipal Signature, Chief Elected Official**
Barbara Kirkmeyer
Name (Typed or Printed) Name (Typed or Printed)
Chair Pro-Tem 6-2-2014
Title Date Title Date
Signature, Chief Elected Official** Signature, Chief Elected Official**
Name (Typed or Printed) Name (Typed or Printed)
Title Date Title Date
**Additional signatures are required only in the case of"multi-jurisdictional" applications. If this
is a multi-jurisdictional application, the Chief Elected Official of each municipality and/or county
participating in the application must sign.
10 DOLA revised 05/2013
Jennifer Fuller
From: Elizabeth Relford
Sent: Monday, June 02, 2014 10:45 AM
To: Jennifer Fuller
Subject: FW: 13D0LA_AssursCerts I-B - Espanola CDBG
Attachments: CDBG legal compliance policies. pdf
HELP ! Another crisis....Can you help me with this today?
Elizabeth Belford
Transportation Planner
Weld County Public Works
1111 HStreet
PO Box 758
Greeley, CO 80632-0758
Email: ere/ford@co.we/d.co.us
Office: (970) 304-6496 Ext 3748
Mobile: (970) 673-5836
Web: httpf/www.Co.weld.Co.us
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Don Warden
Sent: Monday, June 02, 2014 10:29 AM
To: Elizabeth Relford; Esther Gesick; CTB
Cc: Barb Connolly; Jay McDonald; Don Dunker
Subject: RE: 13DOLA_AssursCerts_I-B - Espanola CDBG iS O drcchmestr ?try - icke
I had the Board adopt the attached in April to get those items updated, but did not do an Assurances and Certifications
form. You should probably go ahead and put it on the agenda for the Board. The Board meeting Wednesday this week is
cancelled. If you need it sooner just fill it out and get it signed by Barb Kirkmeyer today or stamp Doug's signature. Barb
is leaving for CCI conference later today, so may want to catch her soon.
Donald D. Warden
Interim Director of Finance
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co. weld.co. us
1
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