HomeMy WebLinkAboutRES NO 102-02RESOLUTION NO. ~' 0 ~ - 0 ~
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING THE SUBMISSION OF A
SECTION 108 LOAN GUARANTEE APPLICATION TO THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
WHEREAS, the City of Bakersfield has determined that a high priority exists for a series
of public facilities improvement projects in various Iow and moderate income neighborhoods,
including the rehabilitation of Martin Luther King (MLK) Jr. and Jefferson swimming pools,
acquisition and demolition of deteriorated properties in economically distressed (slum and
blighted) areas for economic development, and the acquisition and construction of a new
aquatic facility; and
WHEREAS, the proposed projects are included in the City's adopted One Year Action
Plan (FY 2001-2002) of the Consolidated Plan: and
WHEREAS, the Section 108 Loan Guarantee program, implemented by the United
States Department of Housing and Urban Development (HUD), is designed to provide funds to
assist with these types of projects; and
WHEREAS, under the Section 108 Loan Guarantee program, the City can borrow up to
five years worth of its annual Community Development Block Grant allocation, and can take up
to twenty years to repay the principal and interest; and
WHEREAS, the City is requesting a total of $4.9 million in Section 108 Loan Guarantee
funds to assist with the development projects; and
WHEREAS, the City Manager is authorized to submit the Section 108 Loan Guarantee
application and amendments thereto and all understandings and assurances contained therein,
and to act in connection with the application to provide such additional information as may be
required.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
SECTION 1. The City hereby certifies and assures with respect to its application for a
loan guarantee pursuant to Section 108 of the Housing and Community Development Act of
1974, as amended, that it possesses the legal authority to make the pledge of grants required
under 24 CFR 570.705 (b) (2).
SECTION 2. As prerequisites for submission of the application to HUD, the City
certifies that it has:
(a) Furnished citizens with information required by Section 570.704(a) (2)(i) of Title 1
of the Housing and Community Development Act of 1974, as amended;
ORIGINAL
(b) Held at least one public hearing, on May 22, 2002, to obtain the views of citizens
on community development and housing needs; and
(c) Prepared its application in accordance with Section 570.704(a)(1)(iv) of Title 1 of
The Housing and Community Development Act of 1974, as amended, and made the application
available to the public.
SECTION 3. The City has and will continue to follow a detailed citizen participation
plan that meets the requirements described in Section 570.704(a)(2) of Title 1 of the Housing
and Community Development Act of 1974, as amended.
SECTION 4. The City has and will continue to affirmatively further fair housing, and the
guaranteed loan funds will be administered in compliance with:
(a)
seq.); and
Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. 2000d et
(b) The Fair Housing Act (42 U.S.C. 3601-20).
SECTION 5. The City will expend in the aggregate, at least 70 percent of all CDBG
funds, as defined in Section 570.303(e) of Title 1 of The Housing and Community Development
Act of 1974, as amended, during the one, two, or three consecutive years specified by the City
for its CDBG program on activities which benefit Iow/moderate income persons, as described in
criteria in Section 570.208(a) of the Act.
SECTION 6. The City has and will continue to comply with the requirements governing
displacement, relocation, real property acquisition, and the replacement of Iow and moderate
income housing described in Section 570.606.
SECTION 7. The City has and will continue to comply with other provisions of the Act
and with other applicable laws.
SECTION8. The City has and will continue to certify regarding debarment,
suspension, and other responsibility as follows:
(a) The prospective recipients of the Section 108 Loan Guarantee funds and all of
their contractors will certify to the best of their knowledge and belief, that they:
1). Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal department or
agency;
2). Have not, within a three year period preceding approval of their application,
been convicted of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3). Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the offenses enumerated
in paragraph (a)2 of this certification; and
4). Have not, within a three year period preceding approval of their application,
had one or more public transactions (Federal, State or local) terminated for cause or default.
SECTION 9. The City assures and certifies with respect to its application for a loan
guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974,
as amended, that it has made efforts to obtain financing for the activities described herein
without the use of such guarantee, that it will maintain documentation of such efforts for the
term of the loan guarantee, and that it cannot complete such financing consistent with the
timely execution of the program plans without such guarantee.
SECTION 10. The City has and will continue to hereby certify, to the best of its
knowledge and belief, the following:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of
it, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any or cooperative agreement, and
the extension, continuation, renewal amendment, or modification of any Federal contract, grant,
loan or cooperative agreement;
(b) If any funds other than Federally-appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or any employee of grant,
loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; and
(c) It will require that the language of paragraph (a) of this paragraph be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
SECTION 11. Continue to maintain a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees
about the following:
1 ). The dangers of drug abuse in the workplace;
2). The grantee's policy of maintaining a drug-free workplace;
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ORIGIN^I
3). Any available drug counseling, rehabilitation, and employee assistance
programs; and
4). The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
(c) Making it a requirement that each employee engaged in grant activity be given a
copy of the statement required by paragraph (a).
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will:
1). Abide by the terms of the statement; and
2). Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after such
conviction.
(e) Notifying the agency in writing, within ten calendar days after receiving notice
under subparagraph (d)2 from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position and title,
to every grant officer or other designee on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected grant.
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under paragraph (d)2, with respect to any employee who is so convicted:
1). Taking appropriate personnel action against such employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended, and any other applicable federal and state laws; and
2). In appropriate circumstances, require an employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by
a Federal, State or local health, law enforcement, or other appropriate agency.
SECTION 12. This Resolution shall be effective immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
council of the City of Bakersfield at a regular meeting thereof held on JUN 1 2 ~00Z , by the
following vote;
AYES: COUNCILMEMBER CARSON, BENHAM, MACGARD, COUCH, HANSON, SULLIVAN, SALVAGGtO
,flO~,_: COUNCILiVlEM~ER ~
ABSTAIN: COUNCILMEMSER ~
ABSENT: COUNCILMEMBER J~
APPROVF,,J~ JUN _]_,,,~ ~002
B HARVEY L.HALL
Mayor
CITY CLERK and Ex Offici~ Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
BY/~NICE SCAN L~,N-
-Deputy City Attorney
bakersfield/Fin revreg 108reso
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