cdbg compliance lite michael casper and pam truitt december 2, 2015
DESCRIPTION
Acquisition of Property Applicable Law: Uniform Real Property Acquisition and Relocation Assistance Policies Act of 1970 (URA) Applicable Regulation 49 CFR Part 24 (DOT)TRANSCRIPT
CDBG Compliance Lite
Michael Casper and Pam TruittDecember 2, 2015
Compliance Lite Topics
Property Acquisition Requirements Prohibited Conflict of Interest Environmental Review Requirements
DCA-9 Form Davis-Bacon
Acquisition of Property
Applicable Law: Uniform Real Property Acquisition and Relocation Assistance Policies Act of 1970 (URA)
Applicable Regulation49 CFR Part 24 (DOT)
Acquisition of Property (cont.)
ApplicabilityPurchase of land for buildingRights-of Way (ROW) for StreetsEasements for water, sewer,
drainage, etc.All acquisitions for CDBG Project
Regardless of Source of Funds i.e. Local funds
Acquisition of Property (cont.)
Basic RequirementsPreliminary 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 WaiverOwner Must be Offered Fair Market ValueWritten 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 proceedBONUS 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 RequirementsPublic 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 effectsMinimize and mitigate any adverse effectsPublic NotificationDo Not Obligate Funds Until E.R. Release of
Funds
BONUS Point
Environmental Review
Recipients’ Workshop Training HUD Training
Webinars:
https://www.onecpd.info/learning-center/environmental-review-training/
Environmental Review Requirements for CDBG Applications
As you plan your project consider:Neighborhood impactsHistoric 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 WetlandCultural and Historic Resources
(including Native American Consultation) Archaeological Building and Structure Information
Environmental Grant Special Conditions Information from DCA-9DNR/HPD Comments
Environmental Review Requirements for CDBG Applications
Phase One for Certain Projects Tribal Consultation
Similar to Section 106 reviewChecklist (DCA 9b) TDAT – Native American Consultation
http://egis.hud.gov/tdat/Tribal.aspx
Federal Labor Standards Requirements
Key Regulations & StatutesDavis-Bacon ActCopeland 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 Rates2. Request for Contractor Clearance3. Notice of Contract Action4. Preconstruction Conference5. Payroll Submission and Review6. Job Site Interviews
Compliance Requirements
Questions?
Mike Casper (404)[email protected]
Pam Truitt (404)[email protected]