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2021-27RESOLUTION NO. 2021-27 A RESOLUTION OF THE CITY OF BLAIR ADOPTING POLICIES REQUIRED DURING THE PERFORMANCE OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT REUSE REVOLVING LOAN FUND PROGRAM COUNCIL MEMBER SCHANK INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska (City), maintains a Community Development Block Grant (CDBG) Reuse Revolving Loan Fund Program (Program) for economic development purposes; and, WHEREAS, the Program is subject to the regulations and requirements of the U.S. Department of Housing and Urban Development (HUD) and the Nebraska Department of Economic Development (LADED); and, WHEREAS, the City must adopt certain policies and abide by certain laws throughout the performance of the Program to remain in compliance with HUD and NDED. NOW, THEREFORE, BE IT RESOLVED that the City of Blair hereby adopts the following policies, and authorizes and the Mayor to sign the same where applicable: • Excessive Force Certification; • Fair Housing Policy; • Procurement Procedures and Code of Conduct; and • Residential Anti -Displacement and Relocation Assistance Plan. COUNCIL MEMBER SCHANK MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, RUMP, WILLIS, WOLFF, SCHANK, HALL AND JENSEN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14TH DAY OF SEPTEMBER 2021. ATTEST: ga4A 0j", CITY CLERK CITY OF BLAIR, NEBRASKA BY�U i RICHARD HANSEN, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 14th day of September, 2021. BRENDA WHEELER, CITY CLERK THIS FORMAT MUST APPEAR ON THE OFFICIAL LETTERHEAD OF THE CITYNILLAGE OR COUNTY EXCESSIVE FORCE CERTIFICATION On this 14th day of September , 20 21 , the Honorable Richard Hansen, Mayor of Blair, Nebraska (Title and Name of Chief Elected Official) (Name of Local Government Unit) does hereby certify to the Nebraska Department of Economic Development that the City of Blair has adopted a policy of enforcing applicable State and local (Name of Local Government Unit) laws against the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations. (Chief Elected Official Signature) Nebraska Department of Economic Development Revised December 2015 PUBLIC NOTICE AFFIRMATIVE FAIR HOUSING POLICY This notice is published pursuant to the requirements of Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with federal assistance, and with Title VIII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in the provision of housing because of race, color, creed, religion, sex, national origin, disability or familial status. The City of Blair, Nebraska, advises the public that it will administer its assisted programs and activities relating to housing and community development in a manner to affirmatively further fair housing in the sale or rental of housing, the financing of housing and the provision of brokerage services. The City of Blair shall assist individuals who believe they have been subject to discrimination in housing through the resources of the Nebraska Equal Opportunity Commission or the U.S. Department of Housing and Urban Development. The City of Blair has designated the following (person or office) as the contact to coordinate efforts to comply with this policy. Inquiries should be directed to: NAME: Brenda Wheeler, City Clerk OFFICE: Blair City Hall ADDRESS: 218S16 th Street, Blair, NE 68008 PHONE: 402-426-6694 EMAIL: brwheeler@blairnebraska.org HOURS: Mon -Fri, 8 a.m. to 4:30 p.m. ,e.1'O6► M01 City of Blair, Nebraska Procurement Procedures and Code of Conduct Page 1 CITY OF BLAIR, NEBRASKA PROCUREMENT PROCEDURES AND CODE OF CONDUCT The City of Blair, Nebraska (City), will in all cases of procurement for professional services, construction services, and materials needed for Community Development Block Grant (CDBG) Programs adhere to Code of Federal Regulation 2 C.F.R. Section 200.320 or current state statutes; in all cases the stricter shall apply. The following procedures summarize said laws and regulations. A. Procurement shall be made by one of the following methods: 1) Micro Purchase Procedures [2 C.F.R. Section 200.320 (a)] –This method will generally be used to obtain very small quantities of supplies. Procurement by micro - purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (2 CFR Section 200.67), currently set at $3,000 except as otherwise discussed in Subpart 2.1 of that regulation, but this threshold is periodically adjusted for inflation. To the extent practicable, the non -Federal entity must distribute micro -purchases equitably among qualified suppliers. Micro -purchases may be awarded without soliciting competitive competitive quotations if the non -Federal entity considers the price to be reasonable. 2) Small Purchase Procedures [2 C.F.R. Section 200.320 (b)] –This method will generally be used to obtain small quantities of supplies. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the simplified acquisition threshold fixed at 41 U.S.C.1908 (currently set at $150,000). If small purchase procedures are used, price or rate quotations shall be obtained from an adequate number of qualified sources. 3) Competitive Sealed Bids [2 C.F.R. Section 200.320 (c)] - This method will generally be used to obtain contractors for construction projects and for large quantities of goods or materials. Bids are publicly solicited and a firm -fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. 4) Competitive Proposals [2 C.F.R. Section 200.320 (d)] - This method will generally be used to obtain professional services. This method has two sub- parts—the Request for Proposal and the Request for Qualifications. Request for Proposals – The Request for Proposals (RFP) must clearly and accurately state the technical requirements for the goods and services required; The grantee must publicize the RFP, and to the maximum extent practicable, honor reasonable requests by parties to have an opportunity to compete; Proposals must be solicited from an adequate number of qualified sources, consistent with the nature and requirements of the procurement; The grantee must conduct a technical evaluation of the submitted proposals to identify the responsible offerors; As necessary, the grantee must conduct negotiations with those offerors who are deemed responsive and responsible and fall within a competitive price range, based on the grantee's evaluation of the bidders' pricing and technical proposals. After negotiations, these bidders may be given the opportunity to submit a "best and final" offer; and the grantee must award the contract to the most responsive and responsible offeror after price and other factors are considered through scoring the proposals or "best and final" offers according to predetermined evaluation criteria. The successful City of Blair, Nebraska Procurement Procedures and Code of Conduct Page 2 proposal/offeror must clearly be the most advantageous source of the goods and services. Request for Qualifications - Grantees and subgrantees may use competitive proposal procedures for qualifications -based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. 5) Non -Competitive Proposals/Sole Source [2 C.F.R. Section 200.320 (f)] — This method will only be used after approval from the Department of Economic Development. When requesting permission to use this method, the grantee will have to show that another method of procurement was not feasible because: the item or service was only available from a single source; a public emergency or condition requiring urgency existed which did not permit the use of competitive procurement; or competition was determined to be inadequate after solicitation of proposals from a number of sources. B. The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. C. The City shall maintain records sufficient to detail the significant history of a procurement. These records shall include at a minimum: rationale for the method of procurement; selection of contract type; contractor selection or rejection; and the basis for the cost or price. D. The following contract provisions or conditions shall be included in all procurement contracts and subcontracts: General Administrative Provisions ■ Effective date of the contract. ■ Names and addresses of the firm and the grantee. ■ Citation of the authority of the grantee under which the contract is entered into and the source of the funds. ■ Conditions and terms under which the contract may be terminated by either party, and remedies for violation/breach of contract. ■ Procedures for amending or revising the contract. Scope of Services ■ Detailed description of the extent and character of the work to be performed. ■ Time for performance and completion of contract services, including project milestones, if any. ■ Specification of materials or other services to be provided (i.e. maps, reports, etc.) Method of Compensation ■ Provisions for compensation for services including fee and or payment schedules and specification of maximum amount payable under the contract. Federal Standard Provisions ■ Compliance with Executive Order 11246, as amended (Required for service contractors only if the contractor has 50 or more employees and the contract is for more than $50,000) ■ Title VI of the Civil Rights Act of 1964 clause ■ Section 109 of the Housing and Community Development Act of 1974 clause City of Blair, Nebraska Procurement Procedures and Code of Conduct Page 3 Section 3 compliance clause (Required only if the contract exceeds $100,000) Access to Records/Maintenance of Records clause When required, all construction contracts exceeding $2,000 shall include provisions for compliance with the Davis -Bacon Act (DBA), the Contract Work Hours and Safety Standards Act (CWHSSA), The Copeland Act (Anti -Kickback Act) clause, and the Fair Labor Standards Act (FLSA) clause. This Code of Conduct shall govern the performance of the elected or appointed officials or member of any board or commission employees or agents of the City of Blair, Nebraska, engaged in the award and administration of contracts supported by Federal funds under Community Development Block Grant. The provisions and requirements of the Conflicts of Interest, at subpart (d) of the Nebraska Political Accountability and Disclosure Act [such subpart (d) encompassing Sections 49- 1493 through 49-14,104 of the Nebraska Revised Statutes], are incorporated in this Code of Conduct by this reference. The provisions and requirements of 2 C.F.R. Section 200.320 (f) are also incorporated in this Code of Conduct by this reference. The requirements of these Nebraska state statutes and federal regulations will be adhered to, and in the event of a conflict in the requirements of any of such state and federal requirements, the stricter of any conflicting provisions will be adhered to. No employee, officer or agent of the municipality shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when an employee or agent; any member of his or her immediate family; his or her partner; or an organization, which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. III. The municipal employees, officers or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. IV. Violations of this Code of Conduct will invoke penalties and sanctions consistent with applicable Federal and State laws. Passed and adopted this 14th day of September, 2021. Richard Hansen, Mayor Attest: GL1 Brenda Wheeler, City Clerk CITY OF BLAIR, NEBRASKA RESIDENTIAL ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE PLAN This Residential Anti -Displacement and Relocation Assistance Plan (RARA) is prepared by the City of Blair, Nebraska, in accordance with the Housing and Community Development Act of 1974, as amended; and HUD regulations at 24 CFR 42.325 and is applicable to our CDBG-assisted projects. Minimize Displacement Consistent with the goals and objectives of activities assisted under the Act, the City of Blair, Nebraska, will take the following steps to minimize the direct and indirect displacement of persons from their homes: ■ Coordinate code enforcement with rehabilitation and housing assistance programs. Relocation Assistance to Displaced Persons The City of Blair, Nebraska, will provide relocation assistance for lower-income tenants who, in connection with an activity assisted under the CDBG and/or HOME Programs, move permanently or move personal property from real property as a direct result of the demolition of any dwelling unit or the conversion of a lower-income dwelling unit in accordance with the requirements of 24 CFR 42.350. A displaced person who is not a lower-income tenant, will be provided relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR Part 24. One -for -One Replacement of Lower -Income Dwelling Units The City of Blair, Nebraska, will replace all occupied and vacant occupiable lower-income dwelling units demolished or converted to a use other than lower-income housing in connection with a project assisted with funds provided under the CDBG and/or HOME Programs in accordance with 24 CFR 42.375. Before entering into a contract committing the City of Blair, Nebraska, to provide funds for a project that will directly result in demolition or conversion of lower-income dwelling units, the City of Blair, Nebraska, will make public by publishing a public notice in the Washington County Pilot -Tribune and Enterprise, a newspaper of general circulation, and submit to the Nebraska Department of Economic Development the following information in writing: 1) A description of the proposed assisted project; 2) The address, number of bedrooms, and location on a map of lower-income dwelling units that will be demolished or converted to a use other than as lower- income dwelling units as a result of an assisted project; 3) A time schedule for the commencement and completion of the demolition or conversion; 4) To the extent known, the address, number of lower-income dwelling units by size (number of bedrooms) and location on a map of the replacement lower-income housing that has been or will be provided. NOTE: See also 24 CFR 42.375(d). 5) The source of funding and a time schedule for the provision of the replacement dwelling units; 6) The basis for concluding that each replacement dwelling unit will remain a lower-income dwelling unit for at least 10 years from the date of initial occupancy; and 7) Information demonstrating that any proposed replacement of lower-income dwelling units with smaller dwelling units (e.g., a 2 -bedroom unit with two 1 -bedroom units), or any proposed replacement of efficiency or single -room occupancy (SRO) units with units of a different size, is appropriate and consistent with the housing needs and priorities identified in the HUD -approved Consolidated Plan and 24 CFR 42.375(b). To the extent that the specific location of the replacement dwelling units and other data in items 4 through 7 are not available at the time of the general submission, the City of Blair, Nebraska, will identify the general location of such dwelling units on a map and complete the disclosure and submission requirements as soon as the specific data is available. Replacement not Required Based on Unit Availability Under 24 CFR 42.375(d), the City of Blair, Nebraska, may submit a request to HUD (or to the State, if funded by the State) for a determination that the one-for-one replacement requirement does not apply based on objective data that there is an adequate supply of vacant lower-income dwelling units in standard condition available on a non-discriminatory basis within the area. Contacts Blair City Administrator Rod Storm, 402-426-6693, is responsible for tracking the replacement of lower income dwelling units and ensuring that they are provided within the required period. Blair City Clerk Brenda Wheeler, 402-426-6694, is responsible for providing relocation payments and other relocation assistance to any lower-income person displaced by the demolition of any dwelling unit or the conversion of lower-income dwelling units to another use.