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City Council Resolution 1994-25RESOLUTION #94- 25 CITY OF MONTICELLO RESOLUTION OF COMPLIANCES WITH FEDERAL HUD REQUIREMENTS WHEREAS, the City of Monticello has applied to the Minnesota Department of Trade and Economic Development requesting financial assistance from the Economic Recovery Program to aid the expansion of the H -Window Company, and WBEREAS, the Minnesota Department of Trade and Economic Development has deemed that the H -Window Company Expansion Project is an appropriate use of Community Development Block Grant funds originated from Federal HUD sources, and WHEREAS, these HUD Funds require compliance with federal standards, outlined on the attached Form FP -20. BE IT RESOLVED, that the City of Monticello hereby agrees to comply with the requirements referenced on attached Form FP -20 as applicable and further agrees to perforin any and all necessary reporting and documentation, as required. I certify that the attached resolution was adopted by the City Council of the City of Monticello on this 25th day of July 1994. ayor t6�e4 T City Administratoi/ Forms Package Compliances (FP -20) (page 1) Applicant Name: City of Monticello, Minnesota ® 1. OMB Circular A-128 — Issued pursuant to the Single Audit Act of 1984 (P.L. 98-502), which establishes audit requirements for state and local governments receiving federal funds. 2. OMB Circular A-87 — Establishes "Principles for Determining Costs Applicable to Grants and Contracts with State. Local and Federally Recognized Indian Tribal Governments." ® 3. Section 504 of the Federal Rehabilitation Act of 1973 the Americans with Disabilities Act (ADA), MN Statutes 1990, Chapter 363 Minnesota Human Rights Act — Require that all public facilities and programs be designed and constructed to be accessible to the physically handicapped. ® 4. The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Federal Register March 11, 1988. Volume 53, Number 48) — Establishes requirements for procurement and financial management. ® 5. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and subsequent regulations — Ensures access to facilities or programs regardless of race, color, national origin or sex. Q 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations — Prohibits employment discrimination on the basis of race, color, religion, sex or national origin. 7 7. Title Q of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and subsequent regulations — Identifies procedures for the acquisition of property and the relocation of persons and businesses. 8. Section 104(d) of the Housing and Community Development Act — Requires recipients to adopt, make public, and certify a residential an tidis placement and relocation plan. 9. Executive Orders 11988 and 12148, Floodplain Management —Requires action to minimize the impact of floods on assisted projects. .� 10. Executive Orders 11625 and 12138 — Encourage recipients to award construction, supply and professional service contracts to minority and women's business enterprises. ® 11. The Flood Insurance Purchase Requirements of Section 102a of the Flood Disaster Protection Act of 1973, (P.L. 93-234) — Requires the purchase of flood insurance in communities where such insurance is available for construction or acquisition projects in any area having special flood hazards. (� 12. The National Environmental Policy Act of 1969 (42 USC, Section 4321 et. seq.) and other related acts relating to the environment — Requires an analysis of a project's environmental impact and a description of efforts to mitigate the impact. Other related acts refer to environmental quality. ❑ 13. Section 401 f of the Lead -Based Poisoning Prevention Act, as amended (42 USC, Section 483 lb) —Requires the removal and prohibits the use of lead-based paint for housing rehabilitation projects. Forms Package Compliances (FP.20) (page 2) Applicant Name: City of Monticello, Minnesota ❑ 14. Federal Fair Labor Standards Act (29 USC, Section 201 et. seq.) — Requires that employees be paid at least minimum wage and that they be paid one and one-half times their basic wage for all hours worked in excess of the prescribed work week. ® 15. State Laws, the Davis Bacon Act (40 USC, Section 276a -276a5), Copeland Act (Anti -kickback Act, 40usc 276c) and the Contract Work Hours and Safety Standards Act of 1962 (40 USC, Section 327-333) — Requires the payment of wages, at hourly rates, as established by the Department of Labor. ❑ 16. Section 3 of the Housing and Urban Development Act of 1968, as amended — Encourages the employment and training of lower-income people and awarding of contracts to businesses located within the community receiving assistance. �l 17. Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 12259 — Require equal opportunity in housing and non-discrimination in the sale or rental of housing, and actions to affirmatively further fair housing. Q 18. Requirements specified in the Housing and Community Development Act of 1974, as amended — Establishes the Small Cities Development Grant Program. j� 19. Age Discrimination Act of 1975 — Prohibits discrimination on the basis of age. Q 20. Minnesota statutes section 176.181-176.182 — Requires recipients and subcontractors to have workers' compensation insurance coverage. ❑ 21. Requirements Specified in the Water Quality Act of 1987 — Authorizes funding for the State's Water Pollution Control Revolving Loan Fund Program. �7 22. Clean Water Act and Executive Order 11288 — Requires protection of surface and ground water resources. 23. Minnesota Statutes, Section 471.87 and 471.88 —Forbids public officials from engaging in activities which are, or have the appearance of being, in conflict of interest. ® 24. The Minnesota Govemment Practices Act — Protects the privacy of individuals who participate in Community Development -assisted programs by prohibiting the public disclosure of participant's income and other personal information. �1 25. Antitrust or unfair trade practices laws — Regulates and controls sale of goods and services and prohibits deceptive and unfair competition between businesses. ® 26. The prevailing wage rate law (MN Laws 1990, Chapter 604, Article 10, Section 7) — Requires that businesses certify to the Department of Labor and Industry that laborers and mechanics will be paid prevailing wage rates established by the Department of Labor and Industry. ® 27. 43 USC, Section 18.100, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and �\ financial transactions" — Requires a certification that no Federal funds have be utilized to lobby or gain undue influence in connection with Federal grant or loan funds. Forms Package Compliances (FP -20) (page 3) Applicant Name: City of Monticello, Minnesota ® 28. Executive Order 12549, Debarment and Suspension (43 CFR, Part 12, Section 12.510) — Requires a certification regarding Federal debarment, suspension and other responsibility matters. 29. Executive Order 91-3, Wetlands — Requires grant and loan recipients to apply the principles of no -net -loss of wetlands during the conduct of their project. �i 30. The Drug Free Workplace Act (P.L. 100-690, Title V, Subtitle D), - Requires that grantees certify that they will provide a drug free workplace. 31. Section 519 of Public Law 101-144 (1990 HUD Appropriations Act) and Section 104(1) of HCD Act - Requires that each local unit of government adopt, enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. ® 32. Section 1352, Title 31, U.S. Code - Requires that language of certification regarding lobbying for contracts, loans and agreements be included in award documents for all subawards at all tiers. Section 319 of Department of Interior and Related Agencies Appropriations Act, also known as the "Byrd Amendment", prohibits the use of federally appropriated funds for influencing any Executive or Legislative Branch personnel in the awarding of Federal contracts, grants, or loans. It also requires, where appropriate, the completion of Disclosure form SF -LLL. ® 33. Subpart C of 24 CFR Part 12 - Provides for Disclosure/Update from applicants/recipients of HUD assistance relating to amount of assistance received, sources and uses of funds, and interested parties, and requires the completion of HUD Form 2880. ® 34. M.S. 290.9705 - Requires that 8 percent of each payment paid to out-of-state contractors for work done in Minnesota must be withheld on any contract that exceeds or could reasonably be expected to exceed $100,000, unless the requirement is waived. O 35. Section 129 of Public Law 100-590 Small Business Administration Reauthorization and Amendment Act of 1988 The City of Monticello, Minnesota certifies compliance with the compliance area indicated as applicable ppucant) by checkmark, and as so stated in the accompanying "Local Government Resolution."