CDBG Compliance Lite Michael Casper and Pam Truitt December 2, 2015

Compliance Lite Topics  Property Acquisition Requirements  Prohibited Conflict of Interest  Environmental Review Requirements  DCA-9 Form  Davis-Bacon From S ubject R eceivedS ize C ategorie s Kay Kagler R E: Determi nation of allowed acquisiti on cost under CDBG for Unadilla 10 2: 37 PM3 MB

Acquisition of Property  Applicable Law: Uniform Real Property Acquisition and Relocation Assistance Policies Act of 1970 (URA)  Applicable Regulation  49 CFR Part 24 (DOT)

Acquisition of Property (cont.)  Applicability  Purchase of land for building  Rights-of Way (ROW) for Streets  Easements for water, sewer, drainage, etc.  All acquisitions for CDBG Project Regardless of Source of Funds i.e. Local funds

Acquisition of Property (cont.)  Basic Requirements  Preliminary Notice of Intent to Acquire and URA Protections Brochure Provided to Owner  Amount Paid Must be Based on Appraised Value  Donations Acceptable But Only With Waiver  Owner Must be Offered Fair Market Value  Written Purchase Offer

Acquisition of Property (cont.)  Include in Application, if applicable…..  Indicate ownership status of property needed for project  # of parcels and estimated cost  Indicator of Readiness to proceed  BONUS point

Prohibited Conflict of Interest  Both Financial and Personal Interest  Covered Officials  Elected Officials and Family Members  Key Staff  DCA can grant an Exception

Prohibited Conflict of Interest  Exception Requirements  Public Disclosure Posted Agenda Minutes  Abstain from any votes and discussion  Attorney Opinion on State and Local Laws  Parcel Map  Include in Application

Prohibited Conflict of Interest  Review Appendix F and DCA-10 in the Applicants’ Manual  Reminder: It is an Exception to the Regulation and Not a Waiver of the Regulation

Environmental Review Requirements for CDBG Applications  Obligation of CDBG Recipients:  Comply with environmental and historic preservation laws (Big List)  Assess and evaluate environmental effects  Minimize and mitigate any adverse effects  Public Notification  Do Not Obligate Funds Until E.R. Release of Funds  BONUS Point

Environmental Review  Recipients’ Workshop Training  HUD Training  Webinars: center/environmental-review-training/

Environmental Review Requirements for CDBG Applications  As you plan your project consider:  Neighborhood impacts  Historic Preservation Demolition Reuse and Rehabilitation of Historic Resources New building in a Historic Neighborhood

Environmental Review Requirements for CDBG Applications  Form DCA-9 Environmental Review Information  Floodplain and Wetland  Cultural and Historic Resources (including Native American Consultation) Archaeological Building and Structure Information  Environmental Grant Special Conditions  Information from DCA-9  DNR/HPD Comments

Environmental Review Requirements for CDBG Applications  Phase One for Certain Projects  Tribal Consultation  Similar to Section 106 review  Checklist (DCA 9b)  TDAT – Native American Consultation

Federal Labor Standards Requirements  Key Regulations & Statutes  Davis-Bacon Act  Copeland Act (Anti-kickback Act)  Contract Work Hours and Safety Act

Davis-Bacon Act  Outlines labor standards for federal projects  Applicable to all contracts > $2K involving federal funds  Provides minimum wages by position  Ensures minimum pay & other labor standards are enforced at work site  Applies to all laborers and mechanics  Force account labor and volunteers are exempt  Applies to entire project, not just CDBG funded portion

Copeland Act  Prohibits kickback of pay  Requires certified weekly payrolls  Regulates payroll deductions

Contract Work Hours and Safety Act  Requires overtime for hours worked over 40 hours  Applies to contracts over $100,000  Requires liquidated damages  $10 per day/per violation

Steps to Complying with Labor Standards 1. Request for Wage Rates 2. Request for Contractor Clearance 3. Notice of Contract Action 4. Preconstruction Conference 5. Payroll Submission and Review 6. Job Site Interviews

Compliance Requirements Questions? Mike Casper (404) Pam Truitt (404)