Loading...
HomeMy Public PortalAbout2018-12-13 packetNotice of Meeting & Tentative Agenda City of Jefferson Public Works & Planning Committee 1) Introductions Thursday, December 13, 2018 7:30a.m. John G. Christy Municipal Building , 320 East McCarty Street Boone/Bancroft Room (Upper Level) TENTATIVE AGENDA 2) Approval of the November 8, 2018 Committee meeting minutes 3) New Business 1. Grant Application for the Volkswagen Trust Government Truck Program (Britt Smith) 2. Handiwheels ADA Recertification (Mark Mehmert) 3. Wastewater Pretreatment Ordinance (Eric Seaman) 4 . CDBG 2019 Policy and Procedures Manual (Jayme Abbott) 5. Discussion of a Board of Appeals for the Planning and Protective Services Division of Building Regulations (Larry Burkhardt) 4) Other Topics 5) Citizen opportunity to address Council/Staff on Stormwater and Other Public Works Issues 6) Adjourn NOTES Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with D isabi l ities Act. Ple ase allow three business days to process the req uest. Please call (573) 634 -6410 w ith questions regard ing agenda items . MINUTES JEFFERSON CITY PUBLIC WORKS AND PLANNING COMMITTEE Boone/Bancroft Room Committee Members Present: Ron Fitzwater David Kemna Mark Schreiber Laura Ward Committee Members Absent: Ken Hussey Staff Present: John G. Christy Municipal Building 320 East McCarty Street November 8, 2018 Matt Morasch, Director of Public Works David Bange, City Engineer Britt Smith, Operations Division Director Mark Mehmert, Transit Division Manager Eric Seaman, Wastewater Division Director Sonny Sanders, Director of Planning and Protective Services . Ryan Moehlman, City Counselor Steve Crowell, City Administrator Brenda Wunderlich, Administrative Assistant Attendance 7 of7 6 of7 7 of7 6 of7 6 of7 Vice Chairman Fitzwater called the meeting to order at 7:30a.m. A quorum was present at this t\me. The following guests were present: Paula Johnson, 2612 E Schellridge; Eric Landwehr, Cole County Public Works; Paul Samson, CMPS; and Nicole Roberts, News Tribune. 1. Introductions lntrodt.ictions were made at this time. 2. Approval of the October 11, 2018 Committee meeting minutes Councilman Schreiber moved and Councilman Kemna seconded to approve the October 11, 2018 minutes, motion carried. 3. Old Business 1. Schellridge Traffic Study (David Bange) Mr. Bange explained staff re-examined the traffic signal warrants at the intersection and again found that none of the traffic signal warrants are met. There was discussion among Committee members, staff, and those present regarding cost of a stop light, the possibility of a roundabout, vehicles speeding and enforcement of speed limit, putting in speed bumps, and signage for Schellridge. Minutes/Jefferson City Public Works and Planning Commmee November 8, 2018 4. New Business 1. Pavement Management Project (Britt Smith) Mr. Smith requested the Committee's support in forwarding a contract to the City Council for hiring Anderson Engineering, Inc. to conduct a Pavement Management Analysis and Asset Management Inventory Project. Councilman Kemna moved and Councilwoman Ward seconded to forward the contract to the City Council with recommendation to approve, motion carried. 2. Snow Plow Truck Condition (Britt Smith) Mr. Smith explained the rear axle on the 2003 two ton snow plow truck is deteriorated and no longer safe to use. He asked the Committee to discuss funding a new plow truck which would take approximately 3-4 months to receive. There was discussion among Committee members and staff regarding funding and what other items need to be replaced/repaired, etc .. Councilman Kemna moved and Councilwoman seconded to send this request to the Finance Committee, motion carried. 3. Dunklin Bridge and Street Corridor Update (David Bange) Mr. Bange gave an update on the status of the Dunklin Street Bridge and Corridor Project. There was discussion among Committee members, staff and those present regarding the design and street width and this being a joint City/County project. 4. Westview Heights Pump Station Design (Eric Seaman) Mr. Seaman explained the current pump station serves Westview Heights but does overflow in wet weather conditions. There are also new subdivisions going in within the area. Staff recommends approval of a contract for design and hydraulic modeling study for the Westview Heights service area. 2 Councilwoman Ward moved and Councilman Kemna seconded to refer the contract to the City Council with recommendation to approve, motion carried. 5. Other Topics • Ohio Street bridge only open to pedestrian traffic at this time due to lack of funding. The cost to replace would be approximately $500,000. • High Street Viaduct pavement repairs are being done. • Monroe Street wall project on hold at this time. • Bike Share program discussion regarding usage, parking of bikes and public education. • Municipal Court Open House scheduled for November 14, 2018. 6. Citizen Opportunity to address Council/Staff on Stormwater and Other Public Works Issues There was no one present to address the Committee on this subject. Minutes/Jefferson City Public Works and Planning Committee Novembers, 2018 7. Adjourn Councilman Schreiber moved and Councilwoman Ward seconded to adjourn the meeting at this time (8:31 a.m.), motion carried. 3 RESOLUTION RS20_-_ Sponsored by: ______ _ A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO APPLY FOR THE VOLKSWAGEN TRUST GOVERNMENT TRUCK PROGRAM GRANT WHEREAS, the City of Jefferson has the opportunity to apply for the Volkswagen Trust Government Truck Program Grant; and WHEREAS, the purpose of the grant is replace a street division snow plows; and WHEREAS, the grant, if awarded, would provide up to $345,000 for the City for the purpose stated above; and WHEREAS, the grant would require the City to match 50% of the cost of the replacement; WHEREAS, receiving said grant would benefit the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Jefferson City, Missouri supports and authorizes the City Administrator, or his designee to execute and submit the necessary application to obtain funding for the Volkswagen Trust Government Truck Program Grant. Adopted this __ day of _____ , 20 __ . Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City Counselor EXHIBIT B RESOLUTION SUMMARY RESOLUTION NO: ___ _ SPONSOR: Councilman SUBJECT: Approving an application for the Volkswagen Trust Government Truck Program grant INTRODUCED: ______ _ DEPARTMENT DIRECTOR(S): _____________ _ ClnADMINISTRATOR:~---------------- STAFF RECOMMENDATION: Approve ORIGIN OF REQUEST: City Staff DEPARTMENT RESPONSIBLE: Public Works PERSON RESPONSIBLE: MATT MORASCH/Britt E. Smith Background Information: The City desires to apply for the Volkswagen Trust Government Truck Program grant, which is offered by Missouri Department of Natural Resources. The purpose of the grant is to replace older less fuel efficient government trucks. The amount applied for is $345,000. The Public Works Department will be responsible for filing for the grant and administering the grant if awarded. If awarded the City would use the funds for replace up to nine snow plow trucks. The grant covers 50o/o of the cost of the replacement vehicle. If the grant is awarded to the City, the staff will return to the Council for acceptance of the grant. Fiscal Information: The application does no obligate the City to accept the fund and therefore this resolution has no fiscal impact. However if awarded and subsequently accepted by the City Council, the City could receive up to $345,000. Resolution Terms: The Resolution would authorize the City to apply for the Volkswagen Trust Government Truck Program grant. Revised 812/16 by Ordioaoce 15545 ..JEF RAN Department of Public Works Memorandum 320 E. McCarty Street • Jefferson City, Missouri 65101 • P 57 3-634 -6410 • F 573-634-6562 • www.jeffcitvm o .org Date : To: Through : From: Subject: December 7, 2018 Public Works Committee Matt Morasch , P.E., Public Works Director Mark Mehmert, Transit Directo r ~ Paratransit eligibility recertification Us ing existing staff, JEFFTRAN expects to launch paratransit recertification efforts in mid-January by contact ing (by mail) each of the approximately 2 ,100 paratransit clients in our active list in a phased approach . The purpose of the client recertification process is to update client records and ensure ADA (paratransit) eligibility exists . This initiative is a result of recommendations by consultant Lochmueller Group in its Final Report an d Recommendations (pages 39-40), which reviewed JEFFTRAN 's operations in late 2017. Lochmueller 's ana lysis indicated JEFFTRAN averaged 1.31 rides per capita per year. The average rides per capita on ADA service for JEFFTRAN's peers were 0 .24 ; the system with the next-highest rides per capita after JEFFTRAN (Flint Hil ls Area Transportation System) averaged 0.42 rides per capita . In other words , Jefferson City's paratransit usage per capita is about five times higher than its peer group. Recertification on a triennial basis is a best practice in the industry. In FY2018 , JEFFTRAN provided 50 ,387 paratransit rides on Handiwheels. Please feel free to contact me if you have questions . MM :mm Jefferson City Wastewater Pretreatment Program Jeffcnon C•tv PubliC woou Commvnlly • Ownoohop • ROS'-'11 • Empotl1y Public Works and Planning Committee 12/13/2018 Purpose of Pretreatment Program: Protect Public, Missouri River , Agriculture lnorga nic s to Landfill r-;=-=---:-----:-:,....,..-,---. ~ (tra sh ) JC Regional Water r---------. ---,-----+ Reclamation Facility & t----Tr eated water to Missouri Algoa Regional Rive r Untreated Wastewater Trea iii Public & Employee safety: Flammable, toxi c , etc. Biosolids ap plied To agri c ul tural fi eld s 12 /10 /2018 1 Jefferson City Pretreatment Program • Federal Clean Water Law for Industrial Users -Enforced by Missouri DNR • Delegated to Jefferson City for our Significant Industrial Users City issues discharge permit to Significant Industrial Users and monitors their discharges Jefferson City Pretreatment Program • Requirements: -Survey ALL commercial users every 3 years to determine if they need to be considered as Significant Industrial Users (SIU) -Inspect SIUs annually -Review SIU discharge reports -Sample and Test SIUs periodically 12/10/2018 2 Current Significant Industrial Users • ABB, Inc. • Modine, Inc. • Porite USA • Unilever, Inc. Survey every 3 years determines if new ones added. Also high strength discharge could lead to adding a permit. Jefferson City Pretreatment Program • Staff assisted by: -Barr Engineering with Technical Assistance -Newman, Comley & Ruth, P.C. with Environmental Legal Assistance 12/10/2018 3 Jefferson City Pre treatment Program • Other Pretreatment Responsibilities -Hauled waste monitoring (septage , grease & activated sludge) -Restaurant Grease Interceptor Inspections -Dental Amalgam Rule implementation Questions? 12/10/2018 4 DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES TO: THROUGH: FROM· DATE: RE: MEMORANDUM Public Works and Planning Committee Sonny Sanders, Director of Planning and Protective Services Jayme Abbott, Neighborhood Services Manager December 5, 2018 CDBG 2019 Policy and Procedures Manual Attached is a draft CDBG 2019 Policy and Procedures Manual. The CDBG program is administered in accordance with federal regulations contained in Title 24 CFR Part 570, and while the Policy and Procedure Manual is not a replacement for applicable federal law, it does provide a format to inform clients and guide staff on proper administrative procedures to follow, guidelines on federal compliance requirements, financial and administrative procedures, eligibility and application requirements for homeowner support and demolition programs. In accordance with Article IV, Chapter 25 of the City Code, a Policy and Procedure Manual is to be adopted annually by resolution prior to the CDBG program year. The CDBG 2019 Policy and Procedures Manual will be included on the January 7, 2019, Council Agenda for consideration of adoption via resolution. COMMUNITY DEVELOPMENT BLOCK GRANT 2019 Policy and Procedures Manual Department of Planning and Protective Services Neighborhood Services Division City of Jefferson, Missouri CITY OF JEFFERSON DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES NEIGHBORHOOD SERVICES DIVISION Staff Sonn y Sa nders, AICP, Director Ja y me Abbott, AICP, Neighb orh ood Services Manager Sheri J ohn sto n, Neighborhood Service s Specialist Vacant, Ne ig hb orhood Services Speciali st Physical Address: J ohn G. C hri sty Municipal Building 320 E. McCarty Street Jefferson Ci ty, MO 651 0 I Office Hours: 8:00AM-5:00PM Phone: (573)634-64 10 Fax: (573) 634-6457 Website: www.jeffersonc it ymo.gov 2 ssanders@ jeffcitymo.o rg jabbott@,jeffcitvmo .org s jo hn ston@jeffc itym o .org Contents I NTRODUCTION .................................................................................................................................................................. 4 C HAPTER 1: C DBG IMPLEMENTATION PRO CESS .................................................................................................... 9 STE P I -SUBMIT CONSOLIDATE D PLAN & DETERM INE PR OGRAM DELIVERY ............................................................. 9 Consolidated Plan/Action Plan ............................................................................................................................ 9 Prog ram Delive1y i\1/ethod ................................................................................................................................. 10 STEP 2 -NATIONAL OBJECTIVE ............................................................................................................................... 11 STEP 3-E LI G I BLE ACTI V ITIES ........................................................................................................................ 14 STEP4 -COMPLY W I TH OTHER FEDER AL REQU IREM ENTS ..................................................................... 16 Environm ental Review ....................................................................................................................................... 16 Documentation of Low-moderate area .............................................................................................................. 16 Fair Hous ing, Accessibility, and Equal Employment ......................................................................................... 16 Procurement ....................................................................................................................................................... 19 Contract Al/anagem ent ........................................................................................................................................ 21 Lab or Standards ................................................................................................................................................. 25 Acquis ition and Relocation ................................................................................................................................ 27 STEP 5 -ADDRESS F INANC IAL AND ADM INI STRATIV E REQUIR EMENTS ................................................................... 28 A. Administr ati on & Planning ...................................................................................................................... 28 CA LCULATING PLA NNING AND ADAI/INIS1RATION CA P .......................................................................... 29 B. Timely Distribution of Funds .................................................................................................................... 2 9 C. Program lncome ...................................................................................................................................... .30 D . Uniform Adminis trative Requirem ents .................................................................................................... .30 £. A udit Requirements .................................................................................................................................. 31 F. C itizen Participation ................................................................................................................................ .31 G. Record Reten tion Period .......................................................................................................................... 31 fl. Internal Controls ...................................................................................................................................... 32 I. !D IS Draws ............................................................................................................................................... 33 J. Equipment Manage ment a n d Disposition ................................................................................................. 33 STEP 6 -ENTER RESULTS INTO lOIS ........................................................................................................................ 34 STEP 7-REP ORT AND MONITOR PR OGRESS ............................................................................................................ 35 Ca lendar of Events ............................................................................................................................................. 35 i\1/onito ring of Sub r ecip ients .............................................................................................................................. 36 C H A PTER 2: HOMEOWNER SUPPORT PROGRAMS ................................................................................................ 37 Section I : Homeowner Support Progra/11 .......................................................................................................... 3 7 Section 2: Down Payment Assistance ................................................................................................................ 47 Section 3: Grant Cancella tion ............................................................................................................................. 50 C H A PTER 3: D EMOLITION ..............................................................................................................................•.............. 52 Table 1 Organizational Chart ............................................................................ , ................................................ 53 3 INTRODUCTION The Housing and Community Development Act of 1974 (HCDA), authorized HUD to create the Community Development Block Grant (CDBG) Program. The program seeks to provide decent housing, a suitable living environment, and expand economic opportunities for low and moderate income persons. The City of Jefferson receives a yearly distribution for the CDBG entitlement program. The entitlement programs are for cities in metropolitan areas over 50,000 in population, designated principal cities of metropolitan statistical areas or urban counties with more than 200,000 people. The grant amounts are determined by the higher of two formulas: Data based on overcrowded housing, population and poverty; or Data based on age of housing, population growth lag, and poverty. This policies and procedure manual is intended as guidance for the City of Jefferson's CDBG program, and is not meant to be a substitute for federal regulations. The federal CDBG program regulations can be found in Title 24 of the Code of Federal Regulations (CFR) Part 570. This manual is effective January 1, 2019 and will remain in effect until updated or replaced. It can be revised to meet changes in federal regulations, actions of the City Council or to meet administrative needs upon approval. 4 Key Definitions 24 CFR Part 85 (the Common Rule): This rule provides that the grantee shall take affinnative steps to encourage contracting with small minority and female owned business enterprises when possible as sources of supplies, equipment, construction, and services. Action Plan: An annual update to HUD regarding the Consolidated Plan. Consolidated Plan: The Consolidated Plan is prepared by the grantee in accordance with 24 CFR Part 91, and describes needs, resources, priorities and proposed activities to be undertaken with respect to CDBG program. An approved Consolidated Plan is one which has been approved byHUD. Contractors: A contractor is an entity paid with CDBG funds in return for a specific service (e.g., construction). Contractors must be selected through a competitive procurement process based on the City's procurement standards. Copeland Anti-Kickback Act: Makes it a criminal offense for a person to induce anyone employed in the construction, completion, or repair of any public building, public work, or building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which the employee is otherwise entitled. The Act also regulates payroll deductions, specifies methods of paying wages to covered employees, and requires the submission of weekly payrolls in conjunction with statements of compliance by all contractors in a format that meets the requirements of29 CFR Section 5.5. Davis-Bacon Act: The Act is triggered when construction work over $2,000 is financed in whole or in part with CDBG funds. It requires that workers receive no less than the prevailing wages being paid for similar work in the same area. Draw down: Refers to the process of requesting and receiving CDBG funds. Grantees draw down funds from a line of credit established by HUD, while sub recipients draw down funds from the grantee. Executive Order 11063: This Executive Order provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in housing and related facilities provided with Federal assistance and lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal government. Executive Order 11246: This Executive Order applies to all federally assisted construction contracts and subcontracts. It provides that no person shall be discriminated against on the basis of race. 5 Executive Order 11259: This Executive Order provides that the administration of all Federal programs and activities relating to housing and urban development be carried out in a manner to further housing opportunities throughout the United States. Grantee: Ea~h entitlement community, or grantee, administers its local CDBG program in accordance with program requirements. Household: All the persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any groups of related or unrelated persons who share living arrangements. Income: Adjusted gross income as defined by the IRS Form I 040. Limited Clientele: Persons (or groups of persons) who are presumed to be principally LMI, according to HUD. These include: abused children, battered spouses, elderly persons (age 62 and over), adults meeting the Bureau of the Census' definition of severely disabled, homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Low and Moderate Income: Low and moderate income (LMI) means family or household annual income less than the Section 8 Low Income Limit, generally 80% of the area median income, as established by HUD. Low-Income Household/Family: A household/family having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median income) as established by HUD. Moderate-Income Household/Family: A household/family having an income equal to or less than the Section 8 Low Income limit (80% of area median income) established by HUD, but greater than the Section 8 Very Low Income Limit (50% of area median income) established by HUD. Restoration Act of 1987: This Act restores the broad scope of coverage and clarifies the application of the Civil Rights Act of 1964. It also specifies that an institution which receives Federal financial assistance is prohibited from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in a program or activity which does not directly benefit from such assistance. Section 109 of Title 1 of the Housing and Community Development Act of 1974: This . section of Title 1 provides that no person shall be excluded from participation (including employment), denied program benefits, or subject 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 of the Act. Section 3 of the Housing and Urban Development Act of 1968, as amended: Requires the provision of opportunities for training and employment that arise through HUD-financed projects 6 to lower-income residents of the project area, to the greatest extent feasible and consistent with Federal, State and local laws and regulations. Also required is that contracts be awarded to businesses that provide economic opportunities for low-and very low-income persons residing in the area. Amendments to Section 3 in I992 included requirements for providing these opportunities in contracts for housing rehabilitation, including lead-based paint abatement, and other construction contracts. Section 109 of Title I of the Housing and Community Develo~ment Act of 1974: Requires that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded with CDBG funds on the basis of race, color, religion, national origin, or sex. Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate based on disability in federally assisted programs. This section provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funding assistance. Section 504 also contains design and construction accessibility provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy on or after March I3, I99I. Sub recipient: An entity that assists the grantee to implement and administer its program. Sub recipients are generally nonprofit organizations that assist the recipient to undertake one or more activities on behalf of the grantee, such as a home rehabilitation. Sub recipients are also referred to as sub grantees. The Age Discrimination Act of 1975: This Act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination on the basis of age under any program or activity receiving Federal funding assistance. Effective January I987, the age cap of 70 was deleted from the laws. Federal law preempts any State law currently in effect on the same topic including: KRS I8A.I40; KRS 344.040; I 0 I KAR I :350 Paragraph II; I 0 I KAR I :375 Paragraph 2(3); IOI KAR 2:095 Paragraphs 6 and 7. The Americans with Disabilities Act of 1990 (ADA): This Act modifies and expands the Rehabilitation Act of I973 to prohibit discrimination against "a qualified individual with a disability" in employment and public accommodations. The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment. Kentucky adopted this Act in I992 with the enrollment and passage of Senate Bill 210. The Equal Employment Opportunity Act: This Act empowers the Equal Employment Opportunity Commission (EEOC) to bring civil action in Federal court against private sector employers after the EEOC has investigated the charge, found "probable cause" of discrimination, 7 and failed to obtain a conciliation agreement acceptable to the EEOC. It also brings Federal, State, and local governments under the Civil Rights Act of 1964. The Fair Housing Amendment Act of 1988: This Act amended the original Fair Housing Act to provide for the protection of families with children and people with disabilities, strengthen punishment for acts of housing discrimination, expand of the Justice Department jurisdiction to bring suit on behalf of victims in Federal district courts, and create an exemption to the provisions barring discrimination on the basis of familial status for those housing developments that qualify as housing for persons age 55 or older. The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that the housing must have one person who is 55 years .of age or older living in at least 80 percent of its occupied units. The Act also retained the requirement that housing facilities publish and follow policies and procedures that demonstrate intent to be housing for persons 55 and older. The Immigration Reform and Control Act (IRCA) of 1986. Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal and referral. It is designed to assist employers, labor organizations, employment agencies, licensing and certification boards in complying with the requirements of Federal laws prohibiting discriminatory employment. The Vietnam Era Veterans' Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002): This Act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War. Affirmative action is required in the hiring and promotion of veterans. Title VI of the Civil Rights Act of 1964: This Act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving Federal financial assistance. Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act): This Act prohibits discrimination in housing on the basis of race, color, religion, sex and/or national origin. This law also requires actions which affirmatively promotes fair housing. 8 CHAPTER 1: CDBG IMPLEMENTATION PROC ESS The following prov ide s an ove rv iew of the framework in w hi c h the C it y mu s t m ake deci s ions concerning activities a nd/or o rgani zati o ns to fund under th e C DB G program. • Submit Consolidated Plan & D ete rmine Program Delivery • Select Activities Meeting National Objective • Select E ligible Activities • Comply With Other Federal Requirements • Address Fi nancial And Administrative Requirements • E nte r Results Into IDIS • Report & Monitor Prog re ss CONSOLIDATED PLAN/ACTION PLAN The process of compl etin g the Consolidated Plan (and an nual Action Plans) helps the C it y t o d e te rmine what acti v iti es to fund in th e comin g year. The Consolid ated Plan is a plan of five years in length , w hich describes the community needs, reso urces, priorities, a nd proposed acti v iti es to be undertake n under CDBG program. Each year, the C ity mu st s ubmit a n upd a te to HUD, referred to as an Acti o n Plan. The Actio n Plan describes the specific planned uses for CDBG. The Co nsol id ated Pl a n includes th e following: I . A d escription of th e entity responsible fo r overseeing the development of the Con sol id a ted Plan and a d esc ription of the process undertaken to d eve lo p the plan; 2. A h ousin g and ho m e le ss needs assess m e nt ; 3. A ho us in g m arket a nal ys is; 4. A strategic pl a n ; a nd 5 . A one-year Action Plan. 9 The following is a time line of the Consolidated Plan to ensure timeliness and accuracy. • Pre-Public Hearing regarding the development of the Consolidated/ Action Plan shall be held sometime in June. • End of September, Public Hearing is held regarding the proposed Consolidated/ Action Plan. Copies of the proposed Consolidated/ Acti~n Plan will be made available for public Review. The 30 day public comment period begins the day after the public hearing is held. • Present the draft plan to the Public Works and Planning Committee and City Council. The Plan shall be approved by Council via Resolution. • The Consolidated/ Action Plan is due to HUD November 15th*. Since FY 2015, HUD has issued CPO Notices, concerning grantees' submission of Action Plans for funding under the CDBG, HOME, ESG and HOPW A programs. These notices instructs grantees not to submit their Action Plans or new 3-5 year Consolidated Plans until an appropriations bill has been enacted and HUD has notified grantees of their actual allocation amounts under the four formula programs. HUD field offices have been instructed to disapprove as substantially incomplete any Action Plan that contains estimated grant amounts. PROGRAM DELIVERY METHOD The City (grantee) is responsible for ensuring that CDBG funds are used in accordance with all program requirements. The use of designated public agencies, sub recipients, or contractors does not relieve the grantee of this responsibility. The grantee is also responsible for determining the adequacy of performance under sub recipient agreements and procurement contracts and for taking appropriate action when performance problems arise. Before disbursing funds to any organization that is carrying out CDBG activities on behalf of the grantee as a sub recipient, a written agreement must be executed. The CDBG regulations stipulate that certain requirements be included in all written agreements with sub recipients. Written agreements must remain in effect for the length of time that the sub recipient has control over any CDBG funds, including program income. However, it is good practice to update sub recipient agreements annually to ensure the agreements are current with regulations and requirements. This process also allows an opportunity to revisit and clarify problem areas or issues. 10 National Objective Th e LMl nat io na l o bj ec tive is th e pr im a ry nati onal o bj ect iv e beca use th e s tat ute req uires th at g rant ees ex pend 70 % o f th e C D BG fund s to meet th e LM I nati ona l o bj ective. L MI Calculation E xample: Tota l e ntitl e me nt g rant am ount: Less actual pl a nnin g a nd admin (up to 20%): Equ a ls a mo unt s ubj ect to LMI ca lc ul ati o n: Multipli ed by 70 pe rce nt: Equ a ls minimum to benefit LMI: Amo un t subj ect to LMI calculat io n: L ess LMI minimum: Equa ls max imum s lum/bli ght a nd urge nt needs a ll owa bl e acti v iti es : 11 $225 ,000 ($45 .000) $180 ,000 X 0.70 $126,000 $180,00 0 ($126 .000) $54,000 A) 51% Low and Moderate Income At least 51% or more of the persons and families benefiting must be low and moderate-income (LMI) for public projects and public facilities and 100% LMI for housing activities. LMI can be determined by HUD census data or by conducting a survey. LMI is generally calculated on an area basis, such as census tracts. 1. A map must accompany the survey area, showing the project area and beneficiaries. If a survey is used to prove LMI, then the survey area and the houses surveyed should be clearly marked on the map. 2. Limited Clientele persons (or groups of persons) are presumed to be principally LMI, according to HUD. These include: abused children, battered spouses, elderly persons (age 62 and over), adults meeting the Bureau of the Census' definition of severely disabled, homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. The disability data used for limited clientele are "persons with a mobility or self-care limitation." This data is broken into persons age 16 to 64 and 65 and older. The data for both age groups must be added together in total. Do not use the data for "persons with a work disability." 3. In addition, if a project's activities are limited exclusively to LMI persons (such as a food pantry with income restrictions either equal to or more restrictive than the LMI income limits for that area), the project may meet the LMI national objective through limited clientele. 4. Limited Clientele projects are those that exclusively serve a group defined as limited clientele. If this criterion is met, then no further LMI documentation, either by census or by survey is necessary. If the project is not exclusive or designed for only that group or groups, then LMI eligibility must be proven by another method. B) Elimination of Slums and Blight To prove this HUD national objective, a project must propose one of the two different methods. 1. The first method occurs when a structure is blighted; when it exhibits objectively determinable signs of deterioration sufficient to constitute a threat to health, safety and public welfare. For the City to participate in this activity it must, at a minimum, determine blighted structures by applying existing dangerous building ordinance, building code level of violation or applicable occupancy or habitability designation or code violation in a manner consistent with their ordinance. The ordinance, code violation or designation must be applied to the specific structure, not to the area as a whole. The predominance of blight in an area does not allow blight to be assumed for each structure inside the area. 2. The second method covers area blight, and includes submitting a resolution passed by the governing legislative body declaring the area blighted in accordance with 24 CFR 570. As stated, the definition of the national objective elimination of slum and blight reads as follows. The area meets the conditions of either (a) or (b): 12 1. At least 25% of the properties throughout the area experience one or more of the following conditions: • Physical deterioration of buildings or improvements, • Abandonment of properties • Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings, • Significant declines in property values or abnormally low property values relative to other areas in the community, or • Known or suspected environmental contamination. 11. The public improvements throughout the area are in a general state of deterioration. C) Urgent Threat to Health and Safety The use of the urgent need national objective is rare. It is generally used for activities to alleviate emergency conditions. According to "Basically CDBG" Course Training Manual examples include: • Acquisition of property located in a flood plain that was severely damaged by a recent flood; • Public facility improvements like the reconstruction of a publicly-owned hospital that was severely damaged by a tornado; • Demolition of structures that are severely damaged by a major earthquake; Urgent need qualified activities must meet the following criteria: • The existing conditions must pose a serious and immediate threat to the health or welfare of the community; • The existing conditions are of recent origin or recently became urgent (generally, within the past 18 months); • The grantee is unable to finance the activity on its own; and • Other sources of funding are not available. 13 Section I 05(a) of the Community Development Act a nd HUD regulations speci fi ed t he activ iti es that are e li gible for CDBG ass is t a nc e. A gene ra l li stin g of e li gib le activ iti es is below, and a d eta il ed d escription is prov id ed in I 05 (a) of the Act and in 24 CFR 570.482. I . Property Acqui s iti on 2 . Properly Di spos it ion 3. Property C leara nc e/Demo li tion 4. A rc hitectura l Ba rr ie r Removal 5. Seni o r Center 6. Community Faciliti es 7. Cen ters for the Hand icapped 8. Hi s toric Properties 9. Water Treatment/Storage I 0. San it ary Sewer Coll ection II. Storm Sewers 12 . Flood a nd Drainage Fac ili t ies 13. S treets (or Roads) 14 . Street Accessories 15 . Park in g Faci liti es 16. Bridges 17. S id ewa lks 18. Pedestrian Ma ll s 19. Recycling or Con vers io n Fac iliti es 20. Parks a nd Recreation Facilities 2 1. Fire Protection/Facility Eq uipment 22. Sol id Waste Di sposa l Facili ties 23. O th er Uti lities 24. Public Serv ice/S upportive Services 25. Rehabilitation of Private Res identia l Properties 26. Rehab ilit ati on of Public Res id entia l Properties 27. Pa y m ents for Loss of Renta l In come 28. Relocatio n 29. Code Enfo rcem e n t 30. Energy Use Strategy 31. Non-Fed eral Share Payment 32 . Int erim Assistance 33. Pl a nn ing 34. Comme rcial or Industri a l Faci li ties 14 35. Adm ini strati o n 36. Eng in eering/Des ig n 37 . H o us in g Re hab/Demo In s pection 38 . E n g in eerin g/Construction In specti o n 39. A irp orts 40. Natura l Gas Lines 4 1. Electri cal Distribution Lines 42. Rail Spu rs 43. Lighting 44. Other Professio na l Services 45. Security Fencing 46 . S it e Prepa ra ti o n 47. Purchase Land/B uilding 48. Fac ility Constru c ti o n Renovation 49. Machinery/Equipment 50. Workin g Capita l 51. Sewage Treatment 52. LDC Ho meowners hip Assistanc e-up to $15 ,000 to purchase a new home 53. Lega l 54. 9 11 E m e rgency Systems 55. Homeowners Assista nc e-up to $5 ,000 to purchase an existin g DSS ho m e 56 . Lead-Based Paint Risk Assessment 57. As bestos Remova l 58 . J o b Train in g 59 . Hom e -Ownership Counse lin g 60. S u bstantial Reconstru c ti o n of Private Residentia l Properti es o n Sa me Lot- Up to $15,000 61. Water D istributio n 62. Lead Red ucti o n NOT in c id e ntal to Re hab 63 . Asbestos In specti o n Pursuant to 24 CFR 570.207 Ineligible Activities are as follows: A. Maintenance or operation costs. * * B. General government expenses. C. Political activities. D. Improvements to city halls and courthouses, except those required to meet the Americans with Disabilities Act. Note: CDBG funds used for ADA projects may only convert existing facilities to accessibility. CDBG funds may not be used to add new facilities. E. Purchase of equipment, except for fire protection, public services, landfills or recreation. F. Income payments, except for loss of rental income due to displacement. G. Application preparation costs or a bonus award for writing a successful application. H. Religious purposes. **Maintenance and Operation Costs: Any cost that recurs on a regular basis (generally, less than five years) is considered a maintenance or operation cost, therefore ineligible for CDBG assistance. 15 ENVIRONMENTAL REVIEW An Env ir onm e ntal Rev iew Record mu st be co mpl eted for eac h project in order to meet the Env ironmental Rev iew Requ irements set f011h at 24 CF R Part 58 . A ll projects w ill publi s h a pprop riate not ices (includin g HUD 8-Step Process), submi ss ion of the Request fo r Re le ase of Funds and Ce rtific ati o n and Authority to Use Grant Fund s w ill be issued by HUD prior to commencing with project activities. DOCUMENTATION OF LOW-MODERATE AREA Fo r projects ben efittin g an area, LMA mu st be docum ented by down load in g the current year American Co mmunity Survey LMI Summa ry Data fr om www.hud cxch ang e.info/progra ms/acs - low -mo d-s umm a r y-d ata/ac s -low-m od-summ ary-d ata-s ummari zed -b loc k-grou ps/. In t he file includ es a copy of th e summary data along w ith a zo nin g map w ith the proj ect a rea marked. FAIR HOUSING, ACCESSIBILITY, AND EQUAL EMPLOYME NT T he C it y a nd a ny sub-rec ipi e nt(s) must adh e re to a ll the bas ic tenet s of fair ho usi ng and equa l oppo rtunity reg ul ati ons. Recipi e nts are prohibited from pr act icin g d iscrimi nat ion on th e g ro und s of race , co lor, national o ri gin , reli g ion, sex , handi cap, o r famili a l stat us . This prohibition app li es to a ll proj ect co ntra cto rs or s ub co ntrac tors. Be ne fi c ia ry info rm ation s ho uld be determined a nd demographic data co mpil ed , w ith th is informat io n made avai lab le in the p roj ect fil e for pub li c review. A. Fa ir Housing As part of HUD 's certifi cation the Cit y is required to co mpl e te a n a nalys is of im pe diments to fair hous in g choice. Although not part of th e conso li dated pl an, the C ity mu st cert ify t hat it co mpl eted th e a nal ys is , is ta kin g appropriate ac ti o ns to ove rco me th e effects of any impedim en ts id e ntifi ed and ma inta in reco rd s reflecting the a na lys is and re lated actio ns. The mo st rece nt Ana lys is of Imp ediment s was co mpl ete d in 2 018. The following impedim e nt s we re id entifi ed for th e Cit y: • Lack of ade quate funding a ll ocated for fa ir ho us in g e nfo rceme nt and outreach activ ities . • Lack of fair ho usin g aware ness • In adeq uate informat ion and awa reness of the c it y's ho us in g pr ogra ms • Lack of fair ho usin g t es tin g to determine w here fa ir ho usi ng di sc rimin atio n is t ak in g pla ce. • Co ncentrati on of affo rd ab le renta l ho us in g in certa in neighbo rh oods w ith hi g he r minor ity a nd low in come populations. • Need for ADA e du cat ion a nd th e lack of ava il ab ility of ho usin g for persons wit h disabilities. • Lack of spec ifi c and comprehensive planning effo rts arou nd affirm at ive ly furthering fair ho us in g in th e C ity of J effe rso n . 16 Actions in addressing the above identified impediments should be implemented through the Consolidated Plan and/or Action plan. B. Handicapped Accessibility The City shall abide by HUD regulations in Section 504, HUD's implementation of the American with Disability Act (ADA). The City is to conduct a self-evaluation of accessibility to determine their current programs, services, polices, and practices meet the requirements of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. C. Equal Employment Opportunities Congress established Section 3 to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons, particularly those who are recipients of government assistance for housing. Section 3 applies to training, employment, contracting and other economic opportunities that are in connection with the CDBG funds. Contractors and subcontractors providing a service on projects for which the total amount of federal assistance exceeds $200,000 and the amount of the contract or subcontract exceeds $100,000 are required to comply with Section 3. 17 The following is a detailed listing of laws applicable to the CDBG program. Federal and State Laws and Regulations Fair Housing & Equal Accessibility Employment & (included amendments) Nondiscrimination Contractin2 Title VI of the Civil Rights Act of 1964 X Title VIII of the Civil Rights Act of 1968 (The X X Fair Housing Act) Restoration Act of 1987 X Section 1 09 of Title 1 of the Housing and X X Community Development Act of 1974 The Fair Housing Amendment Act of 1988 X The Housing for Older Persons Act of 1995 X (HOPA) The Age Discrimination Act of 1975 X Section 504 of the Rehabilitation Act of 1973 X X X The Americans with Disabilities Act of 1990 X X X (ADA) Executive Order 11 063 X Executive Order 11259 X Section 109 ofTitle I ofthe Housing and X X Community Development Act of 1974 The Equal Employment Opportunity Act X The Immigration Reform and Control Act X (IRCA) of 1986 The Uniform Guidelines on Employee Selection X Procedures adopted by the Equal Employment Opportunity Commission in 1978 Section 3 of the Housing and Urban X Development Act of 1968, as amended The Vietnam Era Veterans' Readjustment Act of X 1974 (revised Jobs for Veterans Act of2002) Executive Order 11246 X 24 CFR Part 85 (the Common Rule): X 18 PROCUREMENT According to the table below, the City procurement policy is stricter than CDBG's procurement policy. Therefore, City procurement policy will take precedence*. Citv of Jefferson HUD Reauirements HUD Reauirement Notes $5,000 or less without See Below competitive bids. $5,000 and not more than 3 written quotes should be Award should be made to the $25,000 bids to be in writing, obtained for all purchases lowest responsive and electronic and online sellers up to $100,000. responsible source. acceptable from at least 3 vendors. Over $25,000 requires advertise Over $100,000 All bids must be opened for sealed bids allowing I 4 days a) Competitive Sealed publically at the time and before bids are received and Bids. Publish one time in place stated in the invitation opened. Lowest and best bid widest circulation paper. for bids. A firm-fixed price submitted by responsible bidder b) Competitive Proposals contract award must be made meeting specifications will be for professional services in writing to the responsive recommended for award. bidder whose bid is lowest, most responsible and responsive. All unsuccessful , bidders must be notified in writing. Non-competitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and one of the following circumstances applies: I. Where the item is available only from a single source; 2. Where a public emergency or urgent situation is such that the urgency will not permit a delay beyond the time needed to employ one or the other procurement methods; or 3. Where after solicitation of a number of sources, competition is determined inadequate. When bidding out projects with HUD funds, the city must ensure that the equal opportunity housing symbol is included within the publication. 19 EQUAL HOUSING OPPORTUNITY A. Conflict of Interest The CDBG program will follow the City's Purchasing Policy and Procedures Manual, including the conflict of interest policy. It shall be unethical for any city employee to participate directly or indirectly in a procurement contract where the city employee knows that: • The city employee or any member of the city employee's immediate family has a financial interest pertaining to the procurement contract; or • Any other person, business, or organization with whom the city employee or any member of a city employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. A city employee or any member of a city employee's immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest. · Note: Personnel Policy 1. Section 20-5 Conflict of Interest No employee of the municipal service shall hold a financial interest in a firm, institution, corporation, or other establishment supplying goods or services to the city. No employee shall be employed in any capacity with a firm, institution, corporation or other establishment supplying goods or services to the city when that capacity means the possession, direct or indirect, of the powers to direct or cause the direction of the management and policies of that organization. No employee shall receive any payment, gifts, favors, or other consideration from any person, firm, institution, corporation, or other establishment supplying goods or services to the city. 2. Section 20-6 Penalties Any employee found guilty of any violation of this section shall be subject to any disciplinary action up to and including dismissal as defined by these rules and such other penalties as may be deemed appropriate and consistent with the laws of the City of Jefferson and the State of Missouri. 20 B. Excluded Parties Prior to making any award (s ub grant or contract) the o rg ani zation must be checked for debarment, s us pe ns ion o r otherwise exclud ed from participation in Federal assistance programs unde r Executive Order 12549 , "Debarmen t a nd S uspensi o n." Contractor mu st be cleared through th e follo w in g links: I . Secretary of State 's website. C heck a nd see if the y are registered to do bu s in e s s in th e State. For this webs ite yo u w ill h ave to hav e to kn ow exactl y how they re gistered th ei r company. https://bsd.sos.mo .gov /BusinessEntity/BEScarch.aspx?SearchType=O 2. HUD 's d e bar website. C lick o n Limited Denial of Participation li s t & if no thing shows up for th e company they a re not debarred w ith HUD. https://wwwS.hud.gov/ecpcis/ma in/ECPCIS List.jsp 3. S tate Department of Labor Contracto r Department Li s t http://labor.mo.gov/DLS/PrevailingWage/debarment list 4. System for Award Management (SAM) https ://www.sam .gov CONTRACT MANAGEMENT Contract management is a lar ge part of a ny proj ec t 's s ucc ess. It is important th at a ll pmties in a contract a re he ld to the ro les and re s pon s ibilities for which th ey are receiving paym e nt. Project delays or problems are often th e result of mi s und e rstandings, assumptions of th e res ponsibiliti es of diffe re nt parties in a contract, o r of parti es no t performing t hei r wo r k to a s tandard . T o correct these proble m s , contract la ng uage mus t be c lear a nd must take the management of the contracts seriously as a working ro le. Before e nterin g into a contract yo u must ens ure th at all contracts are w ritten so that they are based o n a lump s um or unit pri ce. Please be care ful of any hidde n o r unex pecte d costs o r additi o na l fees that may have been added to th e contract. Such fees may include per ho ur additi o na l fees for survey in g , obtaining easements, etc . Often g rantees may think th ese costs are part of th e base contract and have not a ll owed for the additional cos t in their budget. A. Contract Content According to 24 CFR 85.36(i) contract prov is io ns , a g rantee's a nd s ub g rantee's contracts must contain prov is ions liste d below. Federal agencies a re permitted to require changes, remedies , changed conditions, access and records rete ntion , sus pe ns ion of work, and o th e r clauses approved by the Office of Fede ral Procure me nt Policy. I. Administrative, contractual , or lega l re medi es in in s tances where contractors violate or breach contract term s , and provide for s uc h sa nctions a nd penalties as m ay b e a ppro priate. (Contracts mo re tha n th e s implified acquisition threshold) 21 2. Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of$10,000) 3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations ( 41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees) 4. Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and sub grants for construction or repair) 5. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub grantees when required by Federal grant program legislation). Davis-Bacon does not apply to the rehabilitation of residential structures containing less than eight units or force account labor. 6. Compliance with Sections 1 03 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and sub grantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) 7. Notice of awarding agency requirements and regulations pertaining to reporting. 8. Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. 9. Awarding agency requirements and regulations pertaining to copyrights and rights in data. 10. Access by the grantee, the sub grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 11. Retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed. 12. Compliance with all applicable standards, orders, or requirements issued under section 306 ofthe Clean Air Act (42 U.S.C. 1857 (h)), section 508 ofthe Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations 22 ( 40 CFR part I5). (Contracts, subcontracts, and sub grants of amounts in excess of $100,000). I3. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A I63, 89 Stat. 87I ). [53 FR 8068,8087, Mar. II, I988, as amended at 60 FR I9639, I9642, Apr. I9, I995] B. Common Rules Regarding Contracting I. All services, professional, or construction, paid in whole or in part with CDBG funds, require the execution of a formal contract. 2. The use ofCDBG dollars, regardless of the amount, for payment of any service under contract in a grant, initiates the contracting requirements described. The total amount of the contract will often indicate the proper documentation to be included in the contract. 3. All contracts should contain a clear, concise, and detailed description of the: • scope of work • total cost • duration or life of the contract • compliance requirements • reporting responsibilities • contract content paragraphs listed above 4. If proposals involving architectural/engineering professional services are evaluated with respect to factors other than price, the program participant must be able to document the basis for negotiation of fair and reasonable compensation. C. Acceptable Contract Cost Structures All construction contract fees shall be based upon a lump sum or unit price. All professional service contracts shall be based upon a lump sum or a cost-plus-fixed-fee. Cost plus a percentage of cost and percentage of construction cost methods are prohibited. D. Alternative Deductibles/Aiternate Add-Ons In Construction Bidding In an effort to remain flexible in the bidding process for construction activities, the grantee may set in place alternative deductibles or alternate add-ons. These items must be clearly marked as such and, in the event of bids received over budget, may be "deducted" from the scope of the project, or in the event of bids received under budget, may be "added" to the scope of the project. All alternative deductibles/additions must be assigned a number in order of preference to be eliminated/added. Any elimination/additions of these items must follow that numerical guide (e.g., Item #2 may not be deducted/added prior to Item # 1 ). No items may be eliminated/added from a bid process if they were not initially indicated as an alternative deductible or alternate 23 ad d-o n. Alt ernate ded uct ibl es s ho uld in c lud e , but not be limi ted to, items the gra ntee may be ab le to complete o n it s ow n or items that wo ul d not have an adverse effect on the project if om itted. E . Addendum Procedure If c hanges o r additi ons to the bid pa cket mu st be made pr ior to the bid dea dlin e date , a n adde nd um mu st be executed . Th e addendu m mu st s pe ll o ut th e change or add iti o n and mu st be di stributed to all intereste d bidd ers. Thi s act ion mu s t not take place lat er than 72 ho ur s prior to th e bid submi ss ion dead lin e. If thi s time peri od is not poss ibl e, the ad dendu m may be d istributed a nd th e deadline ma y be delayed exactly o ne week. A ll bidder s obtainin g bid docum e nt s must be made awa re of a ll adde nd a in order not to int err upt the pr oc ur ement proced ure. F. Amendment Procedur·e If, durin g the life o r duration of any fo rm al co ntrac t, th e pa rti es agree to a chan ge in the design, d urat io n, cost, or any of the te rm s of th e co ntrac t, a form a l a mend ment ma y be exec ute d. For thi s ame ndm e nt to be va lid and rec og ni zed by CDBG , it mu st be in writin g, s ig ne d , and attes ted by both parties and att ached to a ll orig in a l contract doc um e nt s. The gra nte e may require rev iew by th e ir a tt o rn ey pri o r to implem entin g the process. Any changes o r cha nge o rd ers that directly affec t th e use ofCDBG dol la rs, th e sco pe of the project, o r great ly c hanges the durati o n of the co ntrac t should be rev ie we d prior to exec uti o n. Repo rt s s ho uld be pr epa red and s ubmitted by eac h co ntrac tor wh e never it is determ ined that a ny c ha nge in the des ign, cost, o r durati on of the pr oject is nece ss ar y. G. Award of Contract Awa rd ing contracts us in g CDBG fund s sha ll be completed in th e sa me ma nn er as if using local funds. Th e req uir ed process for en te rin g into con tr acts should be rev iewed and used fo r CDBG proj ects. H. Federally Deban-ed Contractor·s Befo re s ignin g a contract w ith a pro po se d contracto r, th e grant ee mu st ensure tha t the contractor is no t on the Federal li s tin g of Co ntracto rs Unab le to Perfo rm Wo rk Under a Federa ll y Spo nso red Project a t https://wwwS.hud.gov/ecpcis/main/ECPCIS List.jsp . Cli ck o n Limited Denial of Parti c ipation li st & if nothin g s hows up for the co mp any then they a re not debarred with HUD . In addition , mu st c heck the Sy ste m for Award Ma nagement (SAM) at www.sam.gov . I. Contractors Licensed To Do Business In Missou ri All professiona l service co ntracts a nd co nstructi o n co ntracts pa id for with CDBG funds mu st use firm s/bu s iness es that are li censed to ope rate in the Sta te of Misso uri . No grant funds will be re lea sed to pa y bu s ine sses that do not ho ld thi s li ce nse. Check https ://bsd.sos.mo.gov/BusinessEntity/BESearch.as px?SearchType=O and search for the company 's name wh ich ha s to be exact ly how th ey registered with the State. J. Businesses In Good Standing With The Department of Labor 24 A ll li censed businesses mus t be in good s tanding w ith th e M isso uri State Depa rtme nt of Labor office. Stat e debar website http://labor.mo.gov/DLS/PrcvailingWage/debarment list . K. Department Of Tr·easury 's Listing Of Approved S ureties T he bonding company used by the contrac tor to provide pa y m ent a nd perform a nce bonds mu s t be li s ted with the D e partment of th e T reasury's L isting of Approved Sureties. At the tim e the contract is awarded c h eck htt p ://www.fi s cal.treasury.gov/fsreports/rcfls uretyBnd /c570 a -z.htm to e ns ure that th e M isso uri is li sted for the s urety as be in g li censed in th e s tat e . Print off t he li stin g as compli a nce d oc ume ntati o n fo r th e fi le & e ns ure the date is included o n the co py . L. Internal Control Proper internal contro l for each contracto r may include a contra ct fil e that includes th e fo ll owin g: • A s igned contract and a mendments or change orders; • A sche dul e of paym e nts s upported by: Cop ies of tim e s h eets or payro ll record s; Copi es of c hecks o r tran s fer no tificat ions; and Cop ies of in voices; • A ll project-related co rres ponde nce ; • Property re cords (whe re appropriate); • Any no tice of cancell at io n, termination, or s us pens io n of the contrac t ; • All field in spectio n repo rts and employee inte rvi ews; and • Other d a ta as re quired b y th e rec ipi e nt to properly adm ini ster the contract. M. E ngineer/Consulta nt 's Certificate of Completed Work A copy of the Certificate for Acceptance, and F in a l Pay m e nt, s ig ned by the project eng in eer/consulta nt, mu s t be o bta ined prior to closeo ut. T hi s certifi cate must cover a ll work included in t h e proj e ct (regardl ess of f unding source), includin g g rantee cash a nd in-kind. The certificate must state that wo rk has been completed in accordance w ith draw ings a nd s pecifications a nd is functioning pro perl y w ith the recomm e nd a ti o n for Fi na l Payment. LABOR STANDARDS Constructio n work that is financed in whole o r in part w ith CDBG funds mu st adhere to certa in Fede ra l la bo r sta ndard s require m ents . Additional informa ti on can be f o und a t https :/ /www .hudexchange. info /resources/documents/Module3 TrainingS I id es. pdf. A . Davis-Bacon Act T he Davis-Bacon Act (40 USC, C hapter 3, Secti o n 276a-276a-5 ; and 29 C FR Parts I , 3, 5 , 6 and 7) is tri ggered w h e n constructi o n work over $2,000 is financed in w h o le o r in patt w ith CDBG fu nd s. It requires that worke rs rece ive no less than the preva ilin g wages being paid for simil ar 25 work in the same area. Davis-Bacon does not apply to the rehabilitation of residential stmctures containing l ess than 8 units or force account labor (constmction carried out by employees of the grantee). HUD 's Office of Labor Relations Letter No. LR 2009-0 I Davi s-Bacon applicability to demo liti on work states demolition , b y itse lf, is not nece ssaril y cons idered to be constru ction, alteration, or repair (i.e. activ iti es to w hi c h Davi s-Baco n requirements may apply). As a resu lt, Davi s-B aco n wage requirements are not typically triggere d by d e mo lition work , a lone. Howeve r, if s u bsequent constru ctio n at th e s it e is p lanned as part of th e same co ntract o r i f s ub seq ue nt construct io n is contemplated as part of a future construct ion project, then the de mo liti o n work is considered to be patt of the overa ll constru ction project. In s uch cases, if the s ubsequent cons tructio n work is subject to Davi s -B acon requirements, then the demolitio n would likewise is covered by Da v is-Bacon requirements. Add iti o nal information can be found at http://po rt a l.hud .gov/hudpo rt a l/d oc um e nt s /hu ddoc?id=DO C 14999 .pdf. B. Copeland Anti-Kickback Act The Copela nd Anti-K ickback Act (40 USC, C hapte r 3, Section 276c and 18 USC, Part I , Chapter 41 , Section 874 ; and 29 CFR Part 3) requires that workers be paid weekly, tha t d e ducti o ns workers' pay be pe rmi ss ibl e, and th a t contrac tors maintain and s ubmit weekly pa y rolls. C. Contract Work Hour·s and Safety Standards Act The Contract Work Hours and Safety Sta ndard s Act (40 USC , Chapter 5 , Sections 326-332; a nd 2 9 CFR Part 4 , 5, 6 and 8 ; 29 CFR Part 70 to 240) appli es to cont racts over $100,000 and requires that workers receive overtime compensation (tim e and one-half pay) for ho urs they ha ve worked in excess of 40 ho urs in o ne week. Vi o la ti o ns unde r thi s Act carry a liqui dated damages pena lty ($1 0 per day pe r v io lati o n). D. Section 3 of the Housing and U rban Development Ac t of 1968 Sectio n 3 of the Hou s in g and U rban Develo pme nt Act o f 1968, as amended req uires the prov is io n of o pportunities f o r training a nd e mpl oyment that arise through H U D-financed projects to lower-in com e reside nts of th e project area. Also required is that contracts be awarded t o businesses that pro v ide economic opportunities for low-and very low-incom e persons residing in th e area. E . Missouri Prevailing Wage Law M issouri's Prevailing Wage Law establi s hes a minimum wage rate that must be paid to worke rs on public works constru cti o n projects in M isso uri for contracts over $75,000, such as bridges, roads, a nd govern ment buildings. The preva iling wage rate differs by county and for different types of work. T he Prevail in g Wage Law applies to all public works projec ts con structed by or o n behalf of state a nd loca l public bodies . 26 ACQU IS ITION AND RELOC ATION Unifo rm Re lo cati o n Ass is ta nc e and Real Pro pert y Acqui s iti o n P o li c ies A ct o f 19 70 (URA) gene ra ll y a pplies to proj ects in vo lving acqu is iti o n, re ha bilita ti o n o r d e m o li t io n of real pro pert y. In some cases, th e use of CDB G f unds in a proj ect invo lv in g d em o I it io n or convers ion of lower income dwe llings m ay a lso tri gger a no th e r Fe de ra l law und er Sectio n I 04 (d) of th e Hous in g and Community D ev el o pm e nt Act o f 19 74 . H U D issue d C PO Noti ce 14 -0 9 w hi c h pro vi de d guidan ce concerning the Octo be r I , 2014 e ffe cti ve d at e of M ovin g Ahead f o r Pro g ress in the 2 1s t Century Act (MA P -2 1) th at c hanged pay m e nt limits a nd re pl aceme nt ho us in g payment e li g ibil ity crite ri a in the Un ifo rm R e locati o n Ass ista nce a nd R eal Pro perty A cqui s iti o n Po li c ies Act of 1970 , as a me nd ed (URA). The rev ised regulati o ns a t 4 9 CF R pa rt 24 are co ns ist ent w ith M A P-2 1, w hi c h o th e r proposed chang es underway. T he fo ll ow in g c h anges to the U R A become ef fec ti ve o n Octobe r I , 20 14. Residential Relocation: • Leng th o f occupa ncy re quireme nt to rece ive Re pl acem ent Ho us in g P ay m e nt f o r ho m eowne r occupants is reduced fr o m 180 d ays to 9 0 da ys [4 2 U.S.C. 4623(a )(l ) an d 42 u.s.c. 4624(b)]; • Ma x imum Re place ment Ho us in g Paym e nt fo r di s pl aced 9 0 d ay (form e rl y 180 d ay) h o m eowne r-occupant in c reased fro m $22 ,5 00 to $3 1,000 [42 U.S.C. 4 623(a)(l )]; a nd • M ax imum R e pl aceme nt Ho us in g Pay m e nt fo r di s placed 9 0 d ay res id enti a l te na nt increase d fr o m $5 ,250 to $7 ,200 [42 U.S.C. 4624(a)]. Nonreside ntial Relocation : • M ax imum R eestablis hme nt Expe nse Paym ent in c rea se d fro m $10 ,000 to $25 ,000 [ 42 U.S .C.4622(a)(4)] and • M ax imum Fi xed Moving Ex pe nse Pay ment in c reased f ro m $2 0 ,000 to $40 ,000 [42 U .S.C.46 22(c)]. 27 A. ADMINISTRATION & PLANN ING C DB G fund s c an be used fo r a dmini s tra ti ve a nd pl a nnin g acti v iti es . Fund s und e r th ese catego ri es a re s ubject to th e 20% statutory limita ti o n. Th e fo ll o win g are e ligibl e admini str ati ve ac ti vitie s: • Ge nera l m ana ge me nt , ove rs ight a nd coo rdinati on o Prov iding loca l offi c ia ls a nd citi ze ns wit h info rm a ti o n abo ut th e C DB G pro g ram; o Preparin g bud ge ts a nd sc hedul es; o Prepa rin g repo rts; o Mo nito rin g pr ogra m ac ti viti es • Fa ir Hous in g Acti v iti es ; • In d ir ec t costs; a nd • S ubmi ss ion of appli cati o ns for Federa l progra ms. Eli gible plannin g activitie s are th e fo ll ow in g: • Co mpr ehens ive p lans; • Co mmunity developm e nt plan s (i .e . Co nso lid a ted Plan); • Fun c ti onal pl a ns (i.e. land use , eco no mi c developm e nt, floo dpl a in ma nage ment, transpo rt a tion , hi sto ri c pr ese rva ti o n, e tc.). • O th e r pl a ns and s tudi es (i .e. ne ighb orh oo d pl a ns, ca pital improvements , in d iv id ua l plans, hi sto ri c prese rva ti o n s tudi es , etc.). Any costs and tim e char ge d mu st be doc um ente d thro ugh the a ppropr iate mea ns suc h as inv o ices , rece ipts , tim e and atte nd a nce reco rd s, e tc. Doc um e ntat io n s ha ll be kept o n fil e and will be re vi ewed at finan c ia l mo nito rin g . Und e r thi s ca te gory, CDBG fund s may not be used fo r th e follo wi ng acti v iti es: • Eng in eering, a rchitectura l and des ign cos ts re lated to a s pecifi c projec t ; o r • O the r cos ts of impl e me ntin g pl ans. Th ese costs may be eligibl e as patt of an eli gibl e proj ect. 2 8 CALCULATING PLANNING AND ADMINISTRATION CAP In accordance with 24 CFR 570 planning and administration costs are capped at 20% of the sum of grant plus program income plus reallocated funds. Calculating the cap example: Total grant amount Program income & reallocated funds Total: the basis for calculating the cap Multiplied by 20 percent Maximum dollar level that may be charged B. TIMELY DISTRIBUTION OF FUNDS $227,500 $2.500 $230,000 X 0.20 $46,000 CDBG funds are to be distributed in a timely fashion. Timeliness refers to how quickly funds are able to be committed and expended. It is vital that every effort is made to quickly distribute and use funds. Timeliness is defined as the annual grant being obligated within 15 months of the City signing a grant agreement with HUD. If the City was to award funds to sub grantees, obligation means the date which the City officially announces the selection of its awards to the sub grantee. Obligation could mean the following: • Contract; • Letter; • Press release; • News announcement; and/or • Public Notice. Currently there are no timely regulatory requirements in either the statute or regulations. HUD tracks expenditures through the Line of Credit Control System (LOCCS). Through this system several reports can be created by HUD staff such as the Ratio of Unexpended Funds to Grant, Ratio of Funds Expended in the Last 12 Months to Grant, Expenditure Report and National Chart. 29 C. PROGRAM INC OME Progra m incom e is th e g ross inc o me rece iv ed by th e C it y of Je ffe rso n whi ch was d irectl y ge nerate d fr o m th e use of CDBG fund s. Program inc ome is tr eat ed as add iti o na l C DB G f und s s ubj ect to a ll require me nts . Ex ampl es of program in come in c lu de : • Pr oce ed s fro m th e sa le or le ase of property purchased o r imp rove d with CD BG fund s; • Fund s coll ected thro ugh speci a l assess me nt s on pr o perti es no t ow ned and occupi ed by LMI hou seho ld s in o rder to recove r th e C DBG po rtion of a pu b li c improveme nt. Pr og ram in co m e does not includ e : • Any inc o me rece iv ed in a s in g le yea r by th e City a nd it s s ub g rantees , that does not exceed $3 5,000 ; and • Amoun ts ge ne rate d and ke pt by a nonprofit deve lop me nt organ izat io n und er I 05(a)( 15). Progra m in co me mu s t be di s bursed pri o r to th e dr awdow n o f add it iona l f und s f ro m IDJ S. Th erefor e prog ram in co me work s o n a las t in fir st o ut sce na ri o. D. UNIFORM ADMINISTRATIVE REQUIREMENTS ln ac co rd ance w ith 24 CF R Pa rt 85 th e C ity of Jefferso n mu st adh ere to ce rta in admini st rat ive require ments. Th ese requireme nt s in c lud e OMB Circular A-87 "Cost Prin cip les fo r Sta te, Loca l a nd Indian Tribal Gove rnm e nt s". Thi s c ircular es tabli s hes prin cip les a nd sta ndard s fo r det erminin g all owabl e cos ts und er Fede ra l grants. No n-pro fit s ar e required to co mpl y w ith OMB Circ ul ar A-1 22 "Cos t Princ ipl es fo r Non-Pr o fit Organi zat io ns". Thi s c ir cul ar establi s hes prin cipl es for determinin g a ll owa bl e costs un de r g rants, co ntracts and o th e r agreem e nt s with no npr ofit orga ni zations. Jn additi o n, local gove rnm ents and nonprofit organi za ti o ns are required to co mpl y with O MB C ir cul a r A-13 3 "Audits of In stituti o ns o f State s , Loc al Government s a nd Nonprofit In st ituti o ns". Fo r additi o na l info rm a ti o n o n unifo rm admini str ativ e rul es fo r Fede ral gra nt s and coo pera ti ve ag ree me nt s v is it http ://www.hud .gov/offi ces/lea d/libr ary/lead /24 CFRPART 85 .pdf 30 E. AUDIT REQUIREMENTS The City of Jefferson's fiscal year runs from November 1 through October 31. Each year since 1996 the City has been awarded the prestigious national Certificate of Achievement for Excellence in Financial Reporting. In order to be awarded a Certificate of Achievement, the City must publish an easily readable and efficiently organized CAFR whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. The City currently grants out the CDBG funds to sub-recipients. The City of Jefferson has measures in place to ensure that the sub-recipients are aware of federal expenditure thresholds of $750,000, audit requirements, timeframes, and applicable OMB principals. F. CITIZEN PARTICIPATION The City shall follow its Citizen Participation Plan. Any changes to this plan shall be approved by the City Council. The City shall hold public hearings at least two times per year and encourage public participation during preparation of the Affirmatively Furthering Fair Housing, five year Consolidated Plan, Annual Action Plan and the Consolidated Annual Performance Evaluation Report (CAPER). G. RECORD RETENTION PERIOD Under the uniform administrative requirements of the CDBG regulations, the ~ity is required to retain CDBG records for a period of not less than four years. The record retention period begins from the date of submission of the CAPER in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. To be consistent with Consolidated Plan regulations, which require that grantees maintain information and records relating to the Plan and the use of funds under the programs covered by the Consolidated Plan, record(s) must be maintained for a period of not less than five years. 31 H. INTERNAL CONTROLS The CDBG program is administered by the Redevelopment and Grants Division within the Department of Planning and Protective Services. Other individuals and/or departments play a key role in the day to day of the CDBG program such as the City Administrator, City Counselor, Director of Department of Planning and Protective Services, Purchasing Agent, Chief Accountant, and Housing Inspectors. The Neighborhood Services Manager serves as the Director of the Redevelopment and Grants Division. See Table I for Organizational Chart. This position is under general direction of the Department of Planning and Protective Services Director. The Neighborhood Services Manager plans, organizes and oversees the programs, services and operations of the Community Development Block Grant Program. The Neighborhood Services Specialist and Neighborhood Services Administrative Technician are under the direct supervision of the Neighborhood Services Manager. These person(s) are responsible for obtaining proper documentation for the homeowner support programs, set up and management of the ID IS system and performs a variety of technical tasks relative to assigned area of responsibility. Property/Housing Inspector & Property Inspector(s) assists with identifying code violations for the Minor Home Repair program. During the course of the program, if rehabilitation activities may disturb lead based paint the Property/Housing Inspector will obtain a sample and complete a test to determine if the sample contains lead based paint. Both individuals are EPA Lead Certified. 32 I. IDIS DRAWS lOIS drawdowns will be completed at least quarterly, but most preferably monthly, for expenditure of funds completed the prior month. The following sequence is completed for preparation of a draw from HUD's lOIS system: I. Each month the-Neighborhood Services Specialist, in cooperation with the department's Administrative Assistant, prepares supporting documentation for the CDBG drawdown using Springbrook software. 2. The Neighborhood Services Manager and the Director of Planning & Protective Services reviews and approves the drawdown package. 3. The drawdown and supporting documentation is referred to the Finance Department for review and approval. 4. Then the approved/signed RFF is returned to the department for drawdown completion from lOIS. 5. An email is generated to the Chief Accountant, or his/her representative, with a copy of the lOIS Voucher and Drawdown Cover Pages with Signatures as proof of draw completion. 6. The Chief Accountant notifies via email when the lOIS Draw is approved and when funds have been received. 7. Finance Department receives a copy of the lOIS Draw and Voucher(s). J. EQUIPMENT MANAGEMENT AND DISPOSITION The following items are suggested for management and disposition guidelines for equipment purchased with CDBG funds. • Maintain property records which contain: property description, serial number or ID number, funding source (grant number), title holder, acquisition date and cost, percentage of Federal participation in original acquisition cost, location, use and condition or property, disposition date, date or disposal and sales prices. • Take a physical inventory of equipment and reconcile results with property records every two years • Establish a control system for adequately safeguarding property against loss, damage, and theft. • Establish maintenance procedures for keeping property in good condition. • When selling equipment purchased with CDBG funds, proceeds from sale must be kept as program income. • Establish proper sales procedures to ensure highest possible return. • Must follow HUD disposition instructions when equipment is no longer needed. 33 Within IDI S, the Grantee/PJ Project ID fi e ld wi ll be utili zed to include our in-house project numbers fo r eac h property assi sted with CDBG funds. By utili z in g the Grantee/P J Project ID field the C ity 's records will be able to corre late, document and associate exactly how CDBG funds were spent. The fo ll ow in g is a li st in g of suggested project funding: • Minor Home Repair = YR-MHR-0 I • Emergency Re pair = YR-ER-0 I • Down Payment = YR-DP-0 I Program fil es are kept fo r each individu a l appl ic ant. Each file contains a check li s t of items required througho ut each step of process . The files conta in app li cations, i·ncome ve rification s, Tier II Environme nta l Review , repo rt s, correspo nd ences , contracts , deeds , etc. As part of th e application proce ss vo luntary ra cia l and ethnici ty information is collected. The information is then ente red into lOIS by the time of th e comp leti on of the indi vid ua l project. For additional information reg ardin g lOIS visit htt ps://www.onecpd.info /reso ur cc /2825 /idi s- training-modules-for-cdbg-entitl cme nt -gran tcc s/ . 34 CALENDAR OF EVENTS The following is a copy of events th at were du e fo r Pr og ram Year 20 18. Th e repo rt s and plan s ha ve the same req uired s ubmi ss ion time fram e to I-I UD year after year. January 1 Beginning ofPrognun Year 19 31 SF-425 Federal Financial Report Due fo•· October 1 -December 31 February 15 Hold Public Hearing for CAP E R PY 18 (Requires 15 day comment period) March 7 Last day of CAPER comment period 31 Section 3 Annual Report (HUD 60002) Due 31 CAPE R due to HUD 31 Davis-Bacon Report (HUD 4710) for November 1, 201 8 -March 31, 2019 31 100% ofPY 18 Funds Obligated April 30 SF-425 Federal Financial Report Due for January 1-March 31 May TBD June TBD Hold P ublic Heari ng fo1· Consolidated Plan/Action Plan Kick-Off July 31 SF-425 Fedeul Financia l Report Due for April1-June 30 August TBD September 15 Ho ld Public Hearing fo•· 2020 Annua l Action Plan (30 Da y Comment Period) 30 Last Day of Reporting Period for MBE/WBE Contracts over $10,000 October 15 Last Day for Comment for 2020 Annual Action Plan Present 2020 Annual Action P lan to Public Works & Planning Committee 30 2020 Annua l Action Plan 30 Day Public Comment Period Ends 31 SF -425 Federa l Financial Report Due for July 1-September 30 31 Davis-Bacon Report (HUD 4710) for Apri l1-October 31 November 2 Council Approval by Reso lution of Consolidated Plan and/or Annual Action Plan 15 Consolidated Plan/Action P lan Due to HUD 15 MBE/WBE Contract/Sub Contract Report (HUD 2516) Due 10/11 18-09/30/19 December 31 End of Program Year 19 31 90% of Program Year 19 Funds Obligated 35 MONITORING OF SUB RECIPIENTS The Redevelopment and Grants staff shall monitor all sub recipients to ensure program compliance. Staff will utilize both "desk monitoring" and "internal/on-site" monitoring to assess the quality of program performance over the duration of the agreement or contract. Internal/on- site monitoring requires at least a two week written notification to the sub recipient. Monitoring of sub recipients shall concentrate on program, financial and regulatory performance of the sub recipients. In conducting a monitoring review, program staff will primarily rely on information obtained from the sub recipient's performance reports, records, audits, allowed costs, review of financial reports, eligibility and number of beneficiaries served, compliance with federal regulations and City program requirements. Staff may also consider relevant information pertaining to a recipient's performance gained from other sources including litigation, citizen comments and other information provided by or concerning the sub recipient. A sub recipient's failure to perform under the terms of the agreement with the City of Jefferson and/or maintain records in the prescribed manner may result in a finding that the sub recipient has failed to meet the applicable requirement. If the staff finds that a sub recipient has failed to meet the requirements the following steps will be taken: 1. Issue a letter of warning advising the sub recipient of the deficiency and putting the sub recipient on notice that additional action will be taken if the deficiency is not corrected or is repeated; 2. Recommend, or request the sub recipient to submit proposals for corrective actions, including the correction or removal of the causes of the deficiency. If the sub recipient fails to undertake appropriate corrective or remedial actions which resolve the deficiency to the satisfaction of the program staff, the staff may take one or more of the following actions. Such actions shall be designed to prevent a continuation of the performance deficiency; mitigate, to the fullest extent possible, the adverse effects or consequences of the deficiency; and prevent a recurrence of the deficiency. Prior to a reduction, withdrawal or adjustment of a grant or other appropriate action, taken to pursuant to I, 2 or 3 below, the recipient shall be notified of such action and given an opportunity within a prescribed time period for an informal consultation. These actions may include but are not limited to: 1. Advise the sub recipient in writing that additional assurances are required; 2. Advise the sub recipient to suspend disbursement of funds for the deficient activity; 3. Advise the sub recipient to reimburse the City of Jefferson program account in any amounts improperly expended. 4. The City of Jefferson shall have the same rights as the Secretary of HUD as to other remedies for noncompliance per 24 CFR 570.912 and 24 CFR 570.913 36 CHAPTER 2: HOMEOWNER SUPPORT PROGRAMS The purpose of the Homeowner Support Program is to assist low-to-moderate income homeowners with repairs to meet health and safety standards; to provide the opportunity to realize measureable energy savings; assist with emergency repairs and/or provide down payment assistance to first time home buyers. Section 1: Homeowner Support Program Minor Home Repair Program: Homeowners who live in single family residence within Jefferson City limits that need exterior repairs in order to meet city code, energy efficiency improvements to include replacement of aging HV AC systems, and/or exterior ADA accessibility improvements. Maximum assistance is up to $5,000 per home provided in the form of a no interest loan. Loans will be secured by a deed of trust and promissory note. If the owner remains in the property for five years after the improvements are complete, the loan will be forgiven. Any funds left over after completion of identified scope of work is returned to the program. Emergency Assistance Repairs: The definition of emergency assistance is assistance necessary to safeguard against imminent danger to human life, health or safety. Emergency assistance activities include replacement of water or wastewater laterals, replacement of a non-functioning furnace in the winter and/or replacement of non-functioning air conditioner unit in the summer. Homeowners must live in a single family residence within Jefferson City limits. Maximum assistance is up to $5,000 per home provided in the form of a no interest loan. Loans will be secured by a deed of trust and promissory note. If the owner remains in the property for five years after the improvements are complete, the loan will be forgiven. Any funds left over after completion of identified scope of work is returned to the program. Property Eligibility: • The property must be a single family residence located within the City limits. • The property must be owner-occupied and have clear title. If the property is owned by more than one individual, all owners must sign required legal documents relating to the rehabilitation project, including, but not limited to, the deed of trust and rehabilitation contract, even if they do not reside in the property to be rehabilitated • The property shall not be located within a designated floodplain area or on land known to be the site of previous dumping of toxic or hazardous wastes. • Mobile homes are not eligible. • Property must have active trash service. • Payment of real-estate taxes must be current and not have any delinquent taxes, liens, assessments or other fees due to the City. • For properties constructed before 1978, the City's approach to Lead Based Paint is to do no harm. Testing may be conducted on surfaces to be disturbed, unless presuming the surfaces contain lead-based paint. Surfaces disturbed during rehabilitation work will be repaired. Safe work practices shall be used on all surfaces. 37 ELIGIBILITY & ASSISTANCE AMOUNTS Assistance is provided on a "first come, first served" basis to eligible applicants, a limited number will be processed as funding permits. Maximum assistance is up to $5,000. If costs exceed this amount, the owner is responsible for the difference. Additional funds up to $500 may be available for lead hazard mitigation and/or if the property is on the National Register or within a Historic District which may require using "like" materials from the time era of the construction. Any funds left over after completion of identified scope of work is returned to the program. 1. The applicant households must be at or below 80% of the median family income as defined by HUD to participate in the Homeowner Support Programs at the time their application is processed. 2. The applicant and/or the structure for which the application for the 2019 Minor Home Repair Program is being made cannot previously have received a City of Jefferson Homeowner Support Program loan for owner occupied housing rehabilitation within the past 5 years. The five year period extends from the date a Deed of Trust and Promissory Note is signed to the date of new application. Participation in the Emergency Assistance or Down Payment Assistance program does not exclude the homeowner from the 2019 Minor Home Repair Program. 3. The applicant must sign a deed of trust and promissory note for the loan amount. 4. If at any point during the steps the applicant does not provide required documentation within requested time frames, he/she shall be notified of inactive status by mail or email. 5. Income qualification is good for six months at which time applicant must re-~ertify. 6. Projects must be complete in one ( 1) year or the homeowner will have to reapply for the program. 7. Should a project be determined infeasible due to a lack of funding or not meeting the eligibility criteria of any of the Minor Home Repair Program, the City reserves the right to reject the owner's application. A. Income The income of a household includes the gross annual income of all persons 18 or older in the home who are expected to reside in the dwelling at least six months out of the year. A household is defined as all persons occupying the same housing unit, regardless of their relationship to each other. If there are multiple owners of the property, the applicant is the owner-occupant and his/her family. 38 Th e a nnu a l in co me of eac h ho use ho ld is es tabli shed by proj ectin g inco me fo r 12 mo nth s fr o m the tim e a ppli ca n t's name is reac hed o n the wa itin g li st a nd in c lud es a ll so ur ces of in co me . In come is de te rmin ed us in g th e Inte rn a l Revenu e Se rv ice I 040 Adju sted Gross In co me reg ul ati o ns. A ppli cants are asked for p roo f of each so ur ce of in co me li s ted o n th e ir a ppli cat io n. T hi s may be acco mpli s hed thr o ugh s ig nin g a n auth o riza ti o n fo r third-pa rt y ve rifi ca ti o n, by s ubmittin g a co py of th e ir lates t tax info nna ti o n, or by o th er a pprove d me thods acce ptab le to HU D and th e Cit y's Pl a nnin g & Protec tiv e Serv ices staff. C . Repa ym ent No re pa yment of a ny ki nd is re qui re d as lo ng as th e rec ipient co nt inu es to own a nd occupy th e property fo r 5 yea rs aft e r assis ta nce . In th e eve nt th at th e prope rt y rece iv in g ass is ta nce is no longe r owned or occ upi ed by the rec ipi e nt within th e 5 yea rs, th e ba la nce s ha ll be pa id in f ull. D. E ligi b le C osts Fun ds a re to be used fo r improve ment s deemed necessary by Depa rtm e nt of Plannin g & Protecti ve Services staff, in c lu d in g , but not limited to, o ne o r mo re of th e fo ll owin g: I. Work necess ary to meet co de stand a rd s for the Cit y of Jeffe rso n a nd HUD as dete rmin ed by th e app ro priat e Ci ty In spector. 2 . Buil d in g pe rmits and re la ted fees. 3. Address in g lead-base d paint hazards id e nti fied by a ri sk assesso r. 4. HV AC equipm ent re pl ace me nt. 5. Energy effic ie ncy imp rove me nt s as dete rmin ed by th e a pprop ri ate C it y In spector. 6. Stru ctura l re pa ir s as de termin ed by th e a ppr o pri ate C it y Inspec to r. 7. Eme rge ncy hea lth and safety proj ects, i .e. water and wastewater la tera l re pl ace ment. In d eterminin g if a syste m s ho uld be repa ir ed or repl aced , sta f f will d ete rmin e th e age of ex is tin g sys te m and co mp are to th e ave rage life ex pec ta nc y fo r the sys tem. Li fe ex pec tancy va ri es wi th usage, weath er, in sta llati o n, ma inte nance and qu a li ty of ma teri a ls. T hi s li s t s ho ul d be used onl y as a gene ra l gui de lin e. Sys te m YEARS Air Co nd iti one r 7 to 15 Fu rnace 15 to 25 Wate r Heate r 6 to 12 Note : A ll mate ri a ls, fi xtures, equipm e nt , or landsca pi ng sha ll be of a qu a lity c usto mar il y used in th e neig hb o rh oods fo r p ro perti es of th e sa me ge ne ra l type as th e pro perty to be ass isted. 3 9 E. Ineligible Costs Maintenance Costs : Any cost that recurs on a re gul ar basis (genera ll y, less th an five yea rs) is considered a maintenance or ope ratio n cost, t herefore ine li g ibl e for CDBG assistance. The foll ow in g li st is a guidance but not a ll inclu s iv e. Feature or Maintenance Ac tivities Eligible Activ iti es System • C lea nin g and fixing gutters and • Tuck point in g . down s pouts. • Gutter and dow nspo ut • Repainting previous ly pa inted repl aceme nt. Buildin g surfaces . Ex te ri or • Replac in g deteriorated sectio n of s idin g. • Remova l of graffiti • Fixi ng leaks. • Co mpl ete replace ment of roof • Application of wate rproof coatin g to w ith new sh ing les , til es , ro ll a flat roof. roo fin g , me mbra ne , or new Roof Rep lace ment of deter iora ted fl as hin g . metal roof. • • Replacement of loose o r m iss in g shin g les or til es . • Washing windows • Refer ral to Weatherization • Ca ul kin g, wea th er strippin g, re-Program through Ce ntra l g lazi ng windows a nd doors. M isso uri Co mmunity Ac ti on • Fix in g broken wi nd owpane(s), storm Agency. Windows a nd wind ow(s) or damaged entry door. Doors • Replacing broke n doo r lock . • Rep lac in g a va ndal ized entry door to restore sec urity of a buildin g. • Ann ua l sw itch out of storm and scree n pane ls. Int e ri or Wa ll s • INELIGIBLE • INELIGlBLE and Ce ilin gs Flooring • INELIGIBLE • INELIGIBLE • Replacement of exteri or broken stair • Reb uilding exterior sta ir o r C irculati o n treads or ba lu ste rs. constructi ng new stair. Kitchen • INELIGIBLE • INELIG IBL E Bathroom/ • INELIGIBLE • INELIGIBLE Lau ndry Basement • TNELGlBLE • INELIGIB LE 40 Feature or Mainte nance Activities E ligible Activ iti es System • Servi c in g and mainte na nce of • In sta llati o n of new fu rn ace or mec ha ni ca l systems. he at d istr ibuti on sys tem . • Cha ng in g a ir filt ers. • In sta llati on of ce ntra l ai r HVA C • C leanin g a ir ducts . co nd itio nin g. • In stallin g o r re placin g w ind ow a ir co ndi t io ne r. • Repl ac in g a malfun c ti o nin g part of a HV AC sys tem lik e a th e rm ostat. E lectri ca l/ • IN ELIGIBLE • INELIGIBLE Lightin g • Fixing plumbing leaks • In stallati o n of new wate r heate r. • Re pa irin g damage from froze n pipes . • In stallati o n of new wa ter or P lum b in g • Repa ir in g wa ter o r sewe r co nn ecti o n sewer lateral (e me rgenc y o nly) within ex istin g utility tre nch a li gnm e nt. • S ump Pump s . Sec urit y • INELI G IBL E • INELIGIBLE Pes t In festat ion • Pe st in spect io n/tr ea tm ent • INE LIGIBL E • Law n ca re (litt er pi ck up , mow in g, • Rep lace ment of wa lkways, rak in g), trimming trees and s hrub s. s idewa lks, dr iveways. • Snow/ic e rem ova l. Site • Ne ighb o rhood cl ean up • App lic at io n of pav ement sea lant s . • Re pair of c ra cked o r br oke n s id ewa lk s. F. Work Write Up The a ppro pri ate C ity staff s uch as th e Prop ert y/Ho us in g In s pector , Plumbing In s pector, etc. wi ll prepa re a deficiency li st an d work write -u p in acco rd a nce with the C ity's Code Standards, to docum ent the wo rk to be ass isted wi th prog ram fun ds. Improvements to the pro pe rty cannot exte nd beyo nd the scope as outlin ed in th e C it y initi ated de fi c ie nc y li st and wo rk wri te -up. G . C hange Orders The Departme nt of Planning & Pro tectiv e Se rv ices staff, w ith th e consen t of th e prope rty owne r, m ay approve change orders to th e work write-up if the amount of th e co nt ract is no t in creased more th a n $1 ,000. C han ges in excess of $1 ,000 mu s t be approved by the Ne ighborho od Services Manager, w ith the con sent of the property owner. A II change orders s ha ll be prepared by the Department of Plannin g & Protective Serv ices staff a nd shall be s ig ned by the prope rty ow ne r, or th e de s ig nated repre sentati ve of th e pro pert y owne r, a represe ntat ive of the City De partm e nt of Planning & Protec tive Serv ices, and the contracto r. 41 H. Contractors and Bid Pr·ocess T h e Planning & Protective Serv ic es s taff wi ll develo p a qualifi e d contractor li st containing the names o f a ll contractors m eetin g th e e li g ibility require ments . Minority a nd female owned contractors w ill be encouraged to parti c ipate . T he contractor li s t is n o t an e ndorse m e nt, but rath e r a li st of inte rested bus in esses interested in providin g bids and/or work with program p art icipants. In o rder to qualify for the li st , contracto rs mus t m eet the foll owin g req uire m e nt s : I . Must fill out the contractor app li cation form. 2. Must carry Worker's Compensatio n In s ura n ce for a ll e mployees as required by t he State of Mi sso uri . 3 . Must carry li ab ilit y in s ura nce at th e minimum amount of $100,000 and other in su rance as is appro priate for the work be in g p e rforme d. 4. SAM Registrat io n a nd DUNS#: Contractor mus t have o bta in ed a DUNS Number v ia D&B D UN S N umber ser v ic e at http://fed gov .dnb.com/webform/index.jsp and ha ve registere d w it h t he Federa l government SA M (System for Award Management) system at https://www.sam.gov/SAM/. · 5. Contractor mu s t a lso have all re quired Federal , State, and C ity cert ifica ti o n s an d li censin g for th e scope of work being performed . a. If undertakin g lead aba t e m e nt activities, the gen e ra l co ntrac tor mus t ha ve a c urre nt s uperv isor 's li cense and abatement contractor's li cense from th e Missou ri Department of Health. b. E ith e r h ave comple ted an EPA appro ve d Lead R e n ovat o r training o r hire an indi v idual o r company w ho is EP A Le ad Certifi ed befo re unde rtak in g any j ob disturbing lead pa in ted surfaces. c. Asbestos work re quires active certification throug h the Department ofNatural R esources . 6. A ll co ntracto r s mu st b e properly lice nsed b y the C it y. 7. Mus t be able to s upply th e tools and materi a ls necessa ry to comple te each job. 8. R e fe re nces may be requeste d for a t least three jobs compl eted. I. Non-Per·forming Contractors Co ntractors w ho con s iste ntl y exhibit poo r workman ship or do not complete contract requireme nts w ill b e e limina te d fro m the contracto r li s t. Contracto rs w h o do n ot compl e te th e ir contracts w ithin a n a ll otted time period w ill not b e e li g ibl e to submit bids for a dditi o nal proj ect s until they a re in compli a nce w ithin th e appropriate contract tim e p e riod. Contrac to rs that d o no t hono r th e warranty prov is io n s of th e ir co ntract wi ll be el imina te d from the contractor li st. 4 2 J. Contractor Selection I. Co ntractors w ill be asked to s ubmit an item ized b id containing a firm amount for each it em on the work write -up for a ll ho us in g repa ir programs. Homeowners a re responsible for obta ining at least 3 bids w ithin 30 days. City can provide li s t of contractors w ho have prev io u s ly participated in th e program. 2. A contractor is limited to t hree act ive contrac ts at a t im e thro ug h the Homeowner Prog rams. In a ll cases, the C it y reserves th e ri g ht to rej ect a n y a nd a ll bids and reser ves the right to e limin ate bid ite m s to meet t he max imum loan amou nts . 3 . Once bids are s ubmitte d and o btained, the scope of wo rk is n ot to be added to in order to make the bid equal $5,000. The scope of wor k may on ly be changed if during the course of t h e project t h e contracto r uncovers add iti o na l wor k that is required for the origin a l scope to be of quality. K. Owner-Contractors Owne r-contractor projects are n ot a ll owed in the C it y's Homeowner programs. L. T im e Fra m es f01 · Contracts T h e contract period for M in or Home Repair projects s hall not exceed 90 days, except as approved by Neig hbo rh ood Ser v ices M a n ager, a nd th e n s ha ll no t exceed 180 days w it ho ut pena lty to the con tractor. The contract pe riod s ha ll beg in w he n D e partm e nt of P la nning & Protective Services staff prov id e contrac tor with th e Not ice to Proceed. M. App lication Processing Step 1 Whe n app li cations are received t he "App li catio n Respo nse Letter" is se nt w it hin ten (I 0) days of receipt to notify con fi rm at ion of rece ipt of app li cation. Create file , ass ig n p roj ect number and include copy o f correspondence letter. Comple te pre-cursory rev iew of ver ify in g ownership of record, floodp lain, etc. If the prope rty is in t he floodplain , se nd denial letter. If/whe n fund s are ava il ab le app li cants a re contacted wi thin 30 d ays to schedule an inte r v iew appo intm ent to verify income and q ual ifi catio n s. Income g uidelines are u pdated ann ua ll y. In come limits may be accessed a t http://www.huduser.org/po rtal /datasets/il.ht ml. Eac h app li cant file s ha ll include print o ut of a nnua l Income Limits Summary. T h e app licant(s) must provide the fo ll ow ing fo r a ll adu lts 18+ years and s ha ll be in c luded in file for compli a n ce: I . Socia l Security Card 2 . Picture 1.0 . 43 3. Proof of in co me - use C PO In co me Eli gib ilit y Ca lc ul ato r usin g the IRS Fo rm 1040 definition to determine th e a pplica nt 's annual inc o me. Must provide copy of three most rece nt payst ub s a nd previou s year Fede ral tax return s fo r all 18+ yea r olds in hou se hold. If on SS o r SS I th e determination letter w ill wo rk. Pension/benefit lette rs may also be pr ov id ed . See wo rks heet for add iti onal in co mes that require doc umentati o n. 4. If there is an adult 18+ in th e house hold who c laim s no income, th e Certifi cat ion of Zero In co me form mu s t be fill e d o ut and s ig ned by the individual. 5. Verify age of hom e through G IS System Co unt y Info fo r th e purpo ses of determining if Lead Based Paint is a co nc e rn. 6. Verify ownership via G IS (copy of Deed of Trust) Co unt y info. 7 . Verify c urre nt tr as h se rvice w ith City of Jefferson 's So lid Wa ste Prov ider. 8 . Applicant(s) mu st s ig n a nd date both Eli g ibility Review Wo rks heet and C PO Inc ome Eli gib ility Ca lcul ato r forms , copy to fil e. 9. Have ho meow ne r s ig n W9 and Agreement Betwee n Ci ty and Owner do c um ent (2 cop ies) durin g the inte rv iew process. If app li cat io n app roved, se nd to lega l for s ignatures , if denied s hred co ntracts. W-9 form (s ubmit s igned or ig in al W-9 & Vendor Request Fo rm to Department of Fin a nce Purcha s ing Ass istant). I 0. F<:>r prope rtie s co ns tructed pri or to 1978, provide app li ca nt copy of the lead based in for mati o n brochure s "Lea d Safe Certifi ed G uid e To Re novate Right" and "Protect Yo ur Family From Lead In Your Hom e". II. S ig n bot h fo rm s a nd turn in to Ne ighb orhoo d Serv ices Ma nage r for app rova l s ig nature. 12. Se nd A p prova l/D e nial le tt e r to app lic a nt. Step 2 Reque st in specti on from appropriate C it y in s pec tor: Co nt act ap pli ca nt to se t up a t ime fo r t he in s pector to v iew t he prop erty. Se nd in s pector cale ndar in v it e for th e date , tim e, locat ion , li st of requested improve me nt s id e ntifi ed in th e a pplicati o n, and any ot he r ap pli ca bl e informatio n (i.e. furnace located in crawl space). If code v io lat ions are fo und , continu e w ith Step 3. If no code viol at io ns are indi cated, send app li ca nt de nial lette r (copy lette r to fil e) based on finding s. Department of Pl a nnin g & Protective Se rv ices staff sha ll c lose file. 44 Step 3 Co mpl e tion of th e Tier II mu st be o btain ed pri o r to proceed in g w ith the project. Upon rece ipt of in specti o n report li st in g code vio lati o ns, a T ie r II Env iro nm en ta l Report in clud in g completing FEMA floodplain map to e ns ur e that pro perty is not loca ted w ith in the I 00 year floodpla in , Hi storic Commission Cultura l Assessment , SHPO Sec ti on I 06 Project In fo rm atio n fo rm and S it e Assessment form. O nce a ll comp li ance doc um e nt s have been compi led submit T ie r 1£ to Neig hb orho od Se rvices Manager for approva l. For properties co nstructed prior to 1978 e nsure that resu lt s of th e Lead Ba sed Pa in t test(s) are provided to the home owne r. Step 4 I . Us in g t he In spector 's repo rt, fill o ut the bid form . 2. G ive 4 cop ies o f bid to app li cant. A ppli ca nt must obta in a minimum of3 bid s. Also includ e lien wa ive rs fo r s ub cont racto rs a nd s uppli e rs. Must be g iven to contracto r wit h bid s heet. Co ntrac to r s ha ll be sec ured w ithin 60 days of app li ca nt receiv in g the bid form or applic ant will be pl aced on "in act ive " li st. If circumstances ex ist such as t ime of year (i .e. w in ter) additi o na l tim e s ha ll be a ll owed . NOTE: Co ntracto rs mu st be li ce nse d by th e City of J effe rson and p rov id e a certifica te of in surance . If project in vo lves d isturba nce of lead based paint a Lead Certified cont racto r mu st be use d . A lead test prior to rehab , lead safe pract ices a nd a lead test post rehab are required . 3. Once ho meowne r s ubmit s cop ies of rece iv e d bid s, type up bids tabu lation. 4. Co ntracto r mu st be c leared t hr o ugh t he follow ing webs it es. Prin t off documentat ion and includ e in til e . a. State 's we bsite to c heck a nd see if they are registe red to do bu s iness in t he State. Fo r thi s webs ite yo u will hav e to have to know exactly how they registered their company. htt ps :/ /bsd .sos.mo . gov /B usin essE nti ty/8 ESea rc h.aspx?Sea rc h Type =O NOTE: Sma ll time co ntracto r who use their name fo r bus in ess purposes, appear not to be requ ir ed to fil e w ith t he Secreta ry of State as a bus in ess . Fo r s itu ations li ke this it may be acceptab le to proceed if the co ntracto r has a City Business L ice nse, work in g hi sto ry with City (and /or refe re nces), an d rev iew the Better Business Bureau to determine a hi sto ry of co mpl aints fi led aga in st the con trac to r. b. HUD 's debar webs ite. C li ck on Limited Den ia l of Participat ion li st & if nothing s hows up for t he co mpan y th ey are not debar red w ith HUD. htt ps ://www5 .hud.gov /ec pc is/ma in/EC PCIS Li st.jsp 45 c. Missouri De pa rtme nt o f La bo r Co ntracto r De barme nt Li st http ://labor.mo.gov/DLS/P reva il ingWagc/dcbarment l ist d. System for Award Manageme nt (SAM) ht tps ://www.sa m .gov 5. S ubmit bids, tabula ti o n, debarme nt webs ite info rm ation to Neighborhood Service Manager fo r award of bid a nd contra c t iss uan ce. The Neig h borhood Servic e Manager w ill co nfe r w ith th e C ity in s pector to determine if bids are fa ir and equal. 6. When t he contractor has bee n c ho sen, the Appli ca nt(s) must come in to s ig n the following : • Reh a bilitation Contract (between ho m eowner & contractor) • Notice to Proceed • Promi ssory Note (mus t be notari ze d) (once s ig n , send upsta ir s for s ig na tures) 7 . When work is complete, th e C ity in s pector w ill return to s ite to approve/deny completi o n. Ha ve hom eowne r s ig n Certifi cate of Co mpletion w hil e on s it e. W he n a pproved , the In s pecto r w ill s ig n th e Certifica t e o f Compl e ti o n a nd s ubmit to the Ne ig h bo rh ood Service Manager fo r final s ig nature. Pre pare the Li e n Wa iver form. 8. S ubmit check request. Be s ure to ha ve c heck re turned to PPS. In c lu de: B id s umma ry and bids, In vo ice, Certificate of Co mpl e ti o n, and Noti ce to Proceed. Make three copies . Re tain o ne for proj ect fil es, s ubmit o ne for Finance Departm e nt, Neig hborhood Serv ices Manage r receives o ne f o r lOI S draw d own. 9. Contact appl ica nt when check is received. Must come in to e nd o rse check over to contractor and s ig n notarized statem e nt acknowle d g in g th e sa me. A lso the app li ca nt sign th e Deed of Trust and Pro mi ssory No te (must be no tari zed ). I 0. Contact contracto r when c hec k is endo rsed. Mu st come in to s ign L ie n Waiver. Must . bring li en waiver from s ubco ntractors a nd suppli e rs, if any. II. Record Deed of Trus t and Pro mi ssory Note. Whe n return ed, make 3 cop ies; o ri g ina l to law, cop ies to file , ho meowne r, and !DI S fil es. 12. C lo se appli can t file , upd a te active/c lose s preadsh eet and li e n sp readsheet. 13 . Neig h borhood Services Speciali st s hall c heck li e n s preadsheet pe ri od ica ll y to determine if deed of re lease is requ ir ed to be record ed after t he comp letio n of t he 5 year requirement has been fulfill e d. 46 Section 2: Down Payment Assistance First-time homebuyers who agree to acquire and reside in eligible residential properties in Jefferson City limits may apply for down payment assistance prior to closing. Maximum assistance per home is $5,000 no interest loan. Additional $500 may be available to assist with lead hazard reduction. Anything over $500 will be the responsibility of the buyer or seller. Loans will be secured by a promissory note and deed of trust. If the owner remains in the property for five years the loan will be forgiven. A. Eligibility & Assistance Amounts Assistance is provided on a "first come, first served" basis to eligible applicants, a limited number will be processed as funding permits. Maximum assistance is $5,000. If costs exceed this amount, the owner is responsible for the difference. 1. The applicant households must be at or below 80% of the median family income as defined by HUD to participate in the Homeowner Support Programs at the time their application is processed. 2. The property must be a single family residence located within the City Limits and not within a designated floodplain area or on land known to be the site of previous dumping of toxic or hazardous wastes. Mobile homes are not eligible. 3. The property must be maintained as an owner-occupied residence. If the property is owned by more than one individual, all owners must sign required legal documents relating to the purchase. 4. The Assistance shall be $5,000, zero interest loan. An additional grant amount of $500 is also available to offset costs for lead hazard reduction should this become an obstacle to use of home ownership assistance funds. 5. Applicants must be first time homebuyers (an individual and his/her partner/spouse who have not owned a home in the past three years), displaced homemakers, or single parents. A displaced homemaker is defined as an adult who has not worked full time, full year in the labor force for a number of years, but during such years worked primarily to care for his/her home and family, and who is unemployed and experiencing difficulty in obtaining or upgrading employment. 6. The applicant must sign a Promissory Note and Deed of Trust for amount of total assistance. 7. The property to be purchased must be an existing single-family dwelling. The buyer must own and reside in the home as his/her primary residence for a minimum affordability period of 5 years. If the property is sold or rented within the initial 5 year period, the assistance shall be repaid. The buyer must maintain trash service at all times in accordance with City Ordinance. 47 8. The buyer is required to obtain a home inspection from a third party home inspection firm prior to being approved for assistance. The printed report must include, at a minimum, inspection of the structural, mechanical, electrical, and plumbing components of the dwelling and an inspection for the presence of termites. 9. The City's assistance is to be used only for closing costs and down payment assistance. 10. Applications must be received 30 days prior to the scheduled closing. 11. Participation in a City-approved pre-purchase homebuyer's class must be documented prior to assistance being provided. 12. The homebuyer shall authorize the City of Jefferson to collect and receive any information needed from the lender or other sources necessary to ensure eligibility and funding amount. Buyers shall authorize the City to be provided the final Closing Disclosure and Warranty Deed immediately after closing. 13. Should a home or applicant be determined infeasible for Down Payment Assistance due to a lack of funding or not meeting the eligibility criteria, the City reserves the right to reject the application. B. Income The income of a household includes the gross annual income of all persons 18 or older in the home who are expected to reside in the dwelling at least six months out of the year. A household is defined as all persons occupying the same housing unit, regardless of their relationship to each other. If there are multiple owners of the property, the applicant is the owner-occupant and his/her family. The annual income of each household is established by projecting income for 12 months from the time applicant's name is reached on the waiting list and includes all sources of income. Income is determined using the Internal Revenue Service I 040 Adjusted Gross Income regulations. Applicants are asked for proof of each source of income listed on their application. This may be accomplished through signing an authorization for third-party verification, by submitting a copy of their latest tax information, or by other approved methods acceptable to HUD and the City's Planning & Protective Services staff. 48 C. Repayment No repayment of any kind is required as long as the recipient continues to own and occupy the property for 5 years after assistance. In the event that the property receiving assistance is no longer owned or occupied by the recipient within the 5 years, the loan shall be repaid in full. D. Lenders Procedure Families must be approved by a participating lending institution. The lender will be the primary contact with the City of Jefferson and will forward copies of required documents to staff of the Planning & Protective Services. Lenders must be willing to provide a copy of the Buyer's preliminary HUD settlement statement at least I 0 days prior to closing and provide final HUD settlement statement on the day of closing. E. Property Standards Upon determining that an applicant meets eligibility criteria, a third party inspection of the property must be scheduled by the applicant prior to closing·. This inspection report must be submitted for City staff to review prior to closing to determine if the property meets requirements of the City's Code. Any defects found must be corrected prior to the release of homeownership assistance funds. A re-inspection of the subject property will be completed to ensure compliance with this requirement. Any code compliant issue that the inspector determines poses a significant health and/or safety risk must be corrected. Houses built prior to January I, I978, must have an inspection to determine if deteriorated paint exists. Should the amount of deteriorated paint be greater than HUD' s de minimis standards (I 0 square feet of exterior surface, one square foot of interior surface, or I 0% of any building component, i.e. window and door trim), samples will be sent to a lab for analysis. If the paint is determined to contain lead above HUD's level of concern, paint stabilization of deteriorated surfaces is required before assistance can be provided. A grant of $500 is available to participants for lead paint stabilization work. The stabilization must be completed by an individual or company trained in safe work practices. No assistance will be provided until the house successfully passes a clearance test performed by a certified lead risk assessor. The City will cover the cost of two clearance tests. The cost of subsequent tests will be the responsibility of the buyer or seller. 49 Section 3: Grant Cancellation An approved application may need to be canceled because the applicant has requested cancellation or is unwilling or unable to participate in the Homeowner program, or for other reasons. To cancel an approved application, the Department of Planning & Protective Services shall prepare a letter outlining the reasons for canceling the assistance and distribute the letter to the applicant. A copy of this letter will be maintained in the project file. A. Appeal & Grievance Procedures 1. Applicants who are not in agreement with a decision reached by the Department of Planning & Protective Services staff, may appeal said decision by filing a written appeal to the Housing Rehabilitation Appeals Board (hereinafter called the "Board"), within thirty (30) days of receiving notice of the decision. The Board shall consist of three (3) members: the Director of the Department of Planning and Protective Services, the Director of Public Works and the Director of Finance. Appeals will be reviewed that relate to application approval/denial, Grant cancellation, determination of assistance amount, determination of scope of work, approval of change orders, and selection of contractor. 2. The Board shall hold a hearing after due notice to the appellant within thirty (30) days of filing said notice of appeal. The Board may affirm, reverse or modify the decision and notify the appellant in writing of its decision and the reasons thereof. After the hearing, the Board's decision shall be the final procedure of the committee. The applicant may appeal the Board's final decision to the City Administrator. The City Administrator, with the advice of the City Attorney, may reverse or uphold the decision of the Board. 3. Any person denied assistance by the Department of Planning & Protective Services staff who does not take exception with the findings, but who believes there are circumstances which, if known and considered, would establish extreme hardship and justify variance from the eligibility standards established herein may file an appeal with the Neighborhood Services Manager by filing within thirty (30) days of receiving notification of the Department of Planning & Protective Services staff decision. The Neighborhood Services Manager shall, depending upon the nature of the exception, forward such request to the Director of the Department of Planning & Protective Services whose decision shall be final if the appeal involves an administrative request. Where the change involves a substantial change in a program rule, the request will be forwarded by the Department Director to the City Administrator, as is appropriate. Should the appeal require Council action, the City Administrator shall forward such appeal to the Council for action. The Department of Planning & Protective Services staff shall provide assistance to any person filing an appeal. 4. The City will not consider any grievance involving rehabilitation work in cases where: 50 1. Staff assisted program participants with grievances involving rehabilitation work within the I year warranty period. Assistance will be in the form of access to infonnation regarding warranty, scope of work, and contractor responsibilities. Contractors that do not honor legitimate warranty claims will be removed from the eligible contractor list ii. The certificate of acceptance was signed more than one year before the grievance process is initiated; and the aggrieved party has not documented efforts to have the contractor return to resolve the matter within the one-year guarantee period after the certificate of acceptance was signed. 5. Right to Representation: A person has a right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the person's own expense. 6. Right to Files by Persons Making Appeals: The City will permit a person to inspect and copy all materials pertinent to her or his appeal, except materials that are classified as confidential. The City may, however, impose reasonable conditions on the person's right to inspect which are consistent with applicable laws, such as the cost of copying materials. 7. Scope of Review of Appeal: In deciding an appeal from the Board's decision, the City Administrator and/or the City Council shall consider all pertinent justification and other material submitted by the person, and all other available infonnation that is needed to ensure a fair and full determination of the appeal. 8. Detennination and Notification after Appeal: Within thirty (30) days after the receipt of all infonnation submitted by a person in support of an appeal, the Board shall make a written detennination on the appeal, including an explanation of the basis on which the decision was made, and furnish the person a copy. The City official(s) conducting the appeal determination shall not have been directly involved in the action appealed. If the relief requested is not granted, upon additional request, the City shall advise the person of her or his right to seek Department of Housing and Urban Development review of the City's written detennination of the appeal. A person has 45 days after she or he receives the City's written detennination of their appeal to file a review appeal with the Department of Housing and Urban Development 51 CHAPTER 3: DEMOLITION City of Jefferson has a City-wide Demolition Program pursuant to 24 CFR 570.201 (d) available to local non-for-profit agencies. The purpose of this program is to eliminate structures posing an imminent threat to the health and safety to neighborhoods. The program addresses any dwelling, building, structure, or property that is unfit for human habitation or for commercial, industrial or business use and not in compliance with applicable codes, has been vacant for one year or more, and/or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. A. Eligibility 1. Structure must be infeasible to rehabilitate to a HQS code or standard. To meet this criterion, the costs to rehabilitate the structure must exceed $15,000, or $15 per square foot. 2. All structures must be vacant for a minimum of one year. 3. Property must have clear title, including not having any delinquent taxes, liens, assessments, or other fees due to the City. 4. The final use of the property must be consistent with the City's Consolidated Plan and Neighborhood Plans. 5. The structure must meet the City's unsafe building ordinance or nuisance ordinance criteria. B. Funding Terms Loans are provided at 0% interest for the cost of demolition. The demolition loan will be fully forgiven if: • The property is redeveloped with affordable housing within 3 years as defined by the City of Jefferson and HUD; or • Property is located within the 100 year floodplain or floodway which will require deed restriction for future development in accordance with City floodplain ordinance. Loans are secured by a Deed of Trust. Terms of loan are determined by amount of assistance. If the owner retains the property for the applicable loan period then the loan will be forgiven. The following table lists out the loan periods. AunountofAssutance Loan Period Under $15,000 5 years $15,000 -$40,000 10 years Over $40,000 15 years 52 C. Demolition Procedure All federal, state, and local laws and regulations shall be followed by contractors during the demolition and disposal of hazardous building materials. I. Owner submits completed application to the Department of Planning & Protective Services. 2. Rehabilitation feasibility analysis performed on structure. Staff also verifies documentation of the building being vacant for at least one year as defined by Section 1 04( d) of the Housing and Community Development Act. 3. The City completes the environmental review of the proposed demolition site. The review may take up to 90 days. All Conditions for Approval identified must be adhered to and documented for compliance. 4. Work-Write Up and Procurement of Contractor a. City staff develops a work write-up and secures bids from qualified contractors. b. Applicants may secure demolition bids from qualified contractors, provided that all City and HUD contractor requirements are met before the bid is awarded. c. Contract shall not be awarded until Authority to Use Grant Funds is obtained from HUD. 5. Agreement for Demolition a. City staff prepares the Agreement containing the terms and cond.itions of the funding assistance. This agreement shall be between the City and property owner and shall include the conditions of the closing and loan documents, and a time line for completion. · b. Non-Profits must execute a sub-recipient agreement. c. Notice to proceed is provided to contractor/owner. 8. Construction Inspection Completion and Draw of Funds a. City staff inspects the completed work. Issues Certificate of Completion. b. Contractor provides support documentation to City staff for draw of funds including but not limited to: invoices, lien waivers, and disposal tickets. c. Deed of Trust is filed for amount of assistance, if applicable. 53 TABLE 1 ORGANIZATIONAL CHART M NVOIIDORIIOOD lfJIVICU .,t:CIAllrT II I IHt:!!l .!O!!fUO!! M IKJGIIDORIIOOD lfJIYICU IPt:CIAllrT I Y Htt! f=!j P!!OPt:RTY/.OUII!!C IIUPt:CTOR" I DAVID !!Q.MIC!C n PAOPERTYitiOUa:UI'U ..... ~C. UK. 1 ClltfT ftti"OP M PROPt:!!TY/IIOUIINC I!!IPt:CTOR' I TJ rqpuo• r-Pri----PT-~iii.iis'wG'w"i'l'fi:r"''R ---i c:J-------~~-------1 D.EPARTt.,E NT DJRECTOR SONN Y SANDERS, AICP ~ I I 1:::::::] AOMIIIIIrTRATIYf T fCUtelAII AJWNC fTRATMA!f ID.J. Y DfGU~M pg--DUILOING I!!IPt:CTOR' I l!f!!II!!AU(N M DUILO=.: ~OR' I M DUilDIIIG UIIPt:CTOR ' I pg.t LI&PPmT M DUILOINO PI.AIU t:XAMIIIt:R I DAII VAaDf: VOORD!: I I " I CUrTOMfJI lfJIVICIE !!fPR£SfNT ATIYf M IJIIP£CTOR I LOfW! P!!t:J!CD! ~ •IPt:CTOR I r-1 I<ATIIQUII£ OII£AI. 54 PLt'I'UV;.'If PO t'll'lSJ Ol\ ~ .. ~.~~ •.•. IJIC .MIINIIC£R I _ _f.AtC PARRON ~ ,....,~ I p::=r---AlDC~~. I pg IAII":.!p I pg I<A~ I Public Works and Planning Committee Meeting December 13, 2018 There has been some discussion co ncerning a Board of Appeals to be formed to review decisions of the Building Official within the Building Regulations Division. Various sections of Chapter 8 of City Code direct an appeal of a decision of the Building Official to the Circuit Court for judicial review. Typical sections state the following: "Sec. 8-19. Amendments to the 2015 International Building Code Section 1 13.1: JUDlClAL REV IEW: Any owner, agent or other perso n sha ll have the right to seek judicial review of a decision of the Building Official refusing to g rant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure. The petition for judicial review s ha ll be to the circuit court of Co le County as established in Article 536 of the Revised Statutes of Missouri." The International Code Council (ICC) organization updates and publishes model building codes that are used internationally. The City of Jefferson ha s adopted these codes by reference. The above code section modified a building code section that describes the Board of Appeals . The ICC ha s also recommended a structure of the Board of Appeals that includes five (5) members: an architect or a builder with 10 years' minimum experience; structural engineer; mechanical engineer or a mechanical contractor with 10 years' minimum experience; electrical engineer or an electrical contractor with 10 years' minimum experience; and a fire protection engineer or a fire protection contra cto r with 10 years' minimum experience. Sections of the ICC model building co de are attached for reference. Please note that the ICC Board of Appeals version states it shall not have the authority to waive requirements of the building code. The idea of establishing a Board of Appeals has been di sc u ssed over the years. This topic was even discu sse d with Ad Hoc Building Code Review Committee. The final recommendation of this committee was not to establish a bo ard (July 27, 2017). Some of the concerns were: 1. The appeals process could ca use delays in construction. 2. Frivolous appeals could be filed whil e the board should only be used as an exception, not the rul e. A variation of the ICC board model is es tablished in Columbia, they have an eleven person Building Construction Codes Commission to hear appeals. The board reviews the building, electrical, plumbing, and fire codes for upd ating and changes, hears appeals of decisions of the code official or fire marshal. The City Council appoints eleven r eg ular members and eleven alternate members. One regular and one alternate member mu st repre se nt each of the following fields : a professional engineer with electrical/mechanical experience, a professional engineer with structural/civil experience, a master plumber, licensed electrician or electrical contractor, a major contractor or supe r intendent, a minor contractor or home builder, a member with personal experience in fire prevention, a registered architect, a res idential rental property owner, a member with experience in energy conservation, and a lay person. The l eng th of terms is three years, with openings occurring in August. More information may be obtained at: https://www.como.gov/Councii/Commiss ion s/desc ription.php?bcid =12 ICC Building Code SECTION 113 BOARD OF APPEALS [A)113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. [A)113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code. [A)113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. ICC Building Code APPENDIX B BOARD OF APPEALS The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. SECTION B101 GENERAL 8101.1 Application. The application for appeal shall be filed on a form obtained from the building official within 20 days after the notice was served. 8101.2 Membership of board. The board of appeals shall consist of persons appointed by the chief appointing authority as follows: 1. One for 5 years; one for 4 years; one for 3 years; one for 2 years; and one for 1 year. 2. Thereafter, each new member shall serve for 5 years or until a successor has been appointed. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. 8101.2.1 Alternate members. The chief appointing authority shall appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for 5 years, or until a successor has been appointed. 8101.2.2 Qualifications. The board of appeals shall consist of five individuals, one from each of the following professions or disciplines: 1. Registered design professional with architectural experience or a builder or superintendent of building construction with at least 10 years' experience, 5 of which shall have been in responsible charge of work. 2. Registered design professional with structural engineering experience. 3. Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least 10 years' experience, 5 of which shall have been in responsible charge of work. 4. Registered design professional with electrical engineering experience or an electrical contractor with at least 10 years' experience, 5 of which shall have been in responsible charge of work. 5. Registered design professional with frre protection engineering experience or a frre protection contractor with at least 1 0 years' experience, 5 of which shall have been in responsible charge of work. 8101.2.3 Rules and procedures. The board is authorized to establish policies and procedures necessary to carry out its duties. 8101.2.4 Chairperson. The board shall annually select one of its members to serve as chairperson. 8101.2.5 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. 8101.2.6 Secretary. The chief administrative officer shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer. 8101.2.7 Compensation of members. Compensation of members shall be determined by law. 8101.3 Notice of meeting. The board shall meet upon notice from the chairperson, within 10 days of the filing of an appeal or at stated periodic meetings. 8101.3.1 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the building official and any person whose interests are affected shall be given an opportunity to be heard. 8101.3.2 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 8101.3.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. 8101.4 Board decision. The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds of its members. 8101.4.1 Resolution. The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the building official. 8101.4.2 Administration. The building official shall take immediate action in accordance with the decision of the board.