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HomeMy WebLinkAboutCOM 0236.000 1998-2000 JH~'~'HF ~~h' 0 q' 4L, 61w. Stephen K. Yamashiro Mayor sr 1TF Oi HT ~Oliltf~J D~ ~tI~ll2ltt OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawaii 96720-2484 VfLT (BOB) 961-8379 • FqX (808) 961-8685 April 6, 1999 MEMORANDUM T0: James Y. Arakaki, Chairman Hawaii County Council FROM: Nancy Pisicchio, Chairperson Hawaii County Housing Agency SUBJECT: Resolution for the Hawaii County Council 1999 Action Plan The Office of Housing and Community Development (OHCD) submitted to the Hawaii County Housing Agency (HCHA) a resolution authorizing the Mayor to execute and submit the 1999 Action Plan and all other related documents. The HCHA reviewed and approved the resolution at its meeting of April 6, 1999. Accordingly, I am requesting that this resolution be included on the Council agenda for action at its April 21, 1999, meeting. Encl. ~t5. 70-9y oaso~,~~ 23~ a~mm. xo. File No. 5 ~a ~ J/y~~j ~ Ref. To: GOI/N ~ ~L ~p~~tt i~ ~App~~ Q EQUAL HOUSING OPPORTUNITY ara. DBf~ ~R B f~ 'AN EQUAL OPPORTUNITY EMPLOYER' COUNTY OF HAWAII J?.~'~~aF hq~ GO~.~~;-~ '.4ii t• . ~ ~Pj,• ~ w ~ Mo~~p~ 4Tf Di H 1999 ACTION PLAN OF THE CONSOLIDATED PLAN (1995 - 2000) c-aa~ PART V - ACTION PLAN (91.220) A. STANDARD FORM 424 See attached. B. RESOURCES 1. DESCRIBE RESOURCES EXPECTED TO BE RECEIVED (GRANT 6 INCOME) a. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM: The U.S. Department of Housing and Urban Development (HUD) allocates the County's CDBG Small Cities Program funds to the County on a formula basis. This formula takes into account the County's population, the extent of poverty and the extent of housing overcrowding. The County of Hawaii has been informed by HUD that the County's total 1999 CDBG allocation is $2,177,000. The County also anticipates an additional $28,589 of program income from the Downtown Improvement Association Exterior Rehabilitation Loan program and the County's Residential Rehabilitation Loan Program, for a total of $2,205,589 of available CDBG monies. The primary objective of the CDBG program is to encourage the development of viable communities by providing decent housing, suitable living environments and expanding economic opportunities principally for persons of low and moderate incomes. The County distributes its CDBG allocation through a Request for Proposal (RFP) process. This competitive process is intended to ensure that the projects funded by the County are consistent with the County's priorities as contained in the Consolidated Plan, are eligible for CDBG funds and can be implemented in a timely manner. in order to meet the strategies and priorities stated in the Housing and Community Development Strategic Plan section of the Consolidated Plan the County has developed the following priorities for the CDBG Program: CDHG PRIORITY 1: To encourage the provision of public facilities, infrastructure improvement, and accessibility improvements that effectively V-1 99 Consol/3-29-99 service community needs, and seek ways of improving public service through better and more func[ional facilities which are in keeping with the environmental and aesthetic concerns of the community. CDBG PRIORITY 2: To promote the retention of or creation of jobs for low and moderate income persons. CDBG PRIORITY 3: To support other federal programs priority (HOME, ESG, HOPWA, SECTION 202, SECTION 811, HOMELESS, ETC.) and to promote energy efficiency, eliminate lead based paint hazards, provide for code enforcement, and fair housing activities. CDBG PRIORITY 4: To maintain and improve public services such as senior services, services for the disabled, youth services, transportation services, substance abuse services, employment training, crime awareness, fair housing counseling, child care service, health care services and other public service needs and to provide appropriate services to assist the children in foster care. CDBG PRIORITY 5: To understand and anticipate the housing and community development needs of the County by assisting in establishing goals, objectives and policies of action to address those needs, and to identify strategies, programs and resources for achieving them. b. HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM: The HOME program was created by the Federal government under Title II of the National Affordable Housing Act of 1990. The HOME program is a housing program that provides grants to the State since 1992. The County receives from the State of Hawaii approximately $963,000 which includes a $150,000 Community Housing Development Organization (CHDO) set aside funds. The general purpose of the HOME program is to expand the supply of decent and affordable housing for low and very low income persons, to enable local design and strategies for developing housing, to provide V-2 99 Consol/3-29-99 financial and technical assistance for housing to the states, and develop public/private/non-profit partnerships. The County distributes its HOME allocation through a Request for Proposal (RFP) process. This competitive process is intended to ensure that the projects funded by the County are consistent with the County's priorities as contained in the Consolidated Plan, are eligible for HOME funds and can be implemented in a timely manner. In order to meet the strategies and priorities stated in the Housing and Community Development Strategic Plan section of the Consolidated Plan the County has developed the following priorities for the HOME Program: HOMB PRIORITY 1: Assist very low, low, and moderate income renters by increasing the supply of affordable rental units and providing rental assistance. HOME PRIORITY 2: To address the shelter needs of homeless persons by providing transitional housing and to increase the supply of supportive housing to significantly benefit non-homeless special needs population. HOME PRIORITY 3: To preserve existing affordable housing stock, primarily through rehabilitation activities. HOME PRIORITY 4: Increase the supply of affordable for-sale housing to benefit first-time homeowners. c. EMERGENCY SHELTER GRANT3 (ESG) PROGRAM: The ESG program was created by Federal government under the Stewart B. McKinney Homeless Assistance Act of 1988. The ESG program provides funds to the State, who in turn, distributes the funds to the neighbor island counties. The purpose of the ESG program is to make additional emergency shelters available, and to meet the costs of operating emergency shelters and providing essential social services to homeless individuals. V-3 99 Consol/3-29-99 The County distributes its ESG allocation through a Request for Proposal (RFP) process. This competitive process is intended to ensure that the projects funded by the County are consistent with the County's priorities as contained in the Consolidated Plan, are eligible for ESG funds and can be implemented in a timely manner. In order to meet the strategies and priorities stated in the Housing and Community Development Strategic Plan section of the Consolidated Plan the County has developed the following priorities for the ESG Program: ESG PRIORITY 1: To address the shelter needs of homeless persons by providing emergency shelter and/or transitional housing. ESG PRIORITY 2: To help low income families and individuals avoid becoming homeless; to reach out to homeless persons and assessing their individual needs; and to help homeless persons make the transition to permanent housing and independent living. d. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM: HOPWA grants are provided by formula allocation to eligible States and qualifying areas with at least 1,500 reported cases of AIDS and through national competition of projects proposed by State and local governments and non-profits organizations. The purpose of the HOPWA program is to provide States with the resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of low income persons with HIV/AIDS and their families and prevent homelessness. Eligible applicants may use HOPwA funds to provide a range of housing assistance and supportive services, including facilities and community residences, rental assistance, short-term payments to prevent homelessness, technical assistance supportive services and other activities. The State's Housing and Community Development Corporation of Hawaii (HCDCH) administers the HOPWA V-4 99 Consol/3-29-99 funds and has targeted seventy percent (70$) of the funds for rental assistance housing programs for persons with HIV/AIDS with the remaining thirty percent (30~) distributed through a Request for Proposal process. The State's priorities for the HOPWA Program are as follows: HOPWA PRIORITY 1: Assistance to HIV/AIDS persons and their families with obtaining and retaining permanent housing by providing rental assistance, short-term grants for rent, mortgage or utilities to avert eviction and homelessness. Maintain and expand the availability of current transitional and emergency housing opportunities through financial assistance by providing grants to persons with HIV/AIDS who are in need of temporary housing and emergency housing. HOPWA PRIORITY 2: Increase the availability of assisted living or supported housing resources, through case management evaluation to coordinate and provide in-home services such as chore and housekeeping services, assistance with activities of daily living, personal care attendants, and social activities. Increase the availability of long-term care, skilled nursing facilities and hospice care for persons with HIV/AIDS. e. OTHER SODRCES OF FIINDS The other funding resources include funds from private developers; State Home Revolving Fund; State Dwelling Unit Revolving Fund; State and Federal low income Housing Tax Credits; State and County CIP funds; and Other State assistance, including Grants-in Aid for acquisition, rehabilitation, new construction, Rental Assistance, Rental Housing Trust Fund and Rental Housing System (first in the U.S.) using tax-exempt revenue bonds issued by the Housing and Community Development Corporation of Hawaii, Hula Mae single and multifamily financing; homeless shelter stipend and outreach and emergency loans and grants. V-5 99 Consol/3-29-99 In addition to above, there are grants such as the Section 202 and 811 and Homeless Transitional Housing Permanent Housing, etc... The County will continue to assists and provide technical assistance to organizations that are interested in applying for these funds. The County will consider leveraging projects utilizing these funds if they are consistent with the State priorities. SECTION 202 PROGRAM PRIORITY 1: To provide affordable housing for elderly persons and encourage independent or semi-independent living with appropriate supportive services. SECTION 811 PROGRAM PRIORITY 1: Persons with Disabilities Priority (mental, physical, and developmental) - to provide rental housing facilities and options for the mentally disabled population who do not need extensive hospital care, but who needs 24- hour health care and to increase the supply of supportive and accessible housing for the physically disabled population. Persons with Alcohol or Other Drug Addiction Priority - to provide appropriate residential facilities. SIIPPORTIVE HOUSING PROGRAM PRIORITY 1: To address the shelter needs of homeless persons by providing transitional/permanent housing. SAFE HAVENS PROGRAM AND SHELTER PLUS CARE PROGRAM PRIORITY 1: To address the shelter needs of homeless persons by providing emergency shelter. f. MATCHING REQIIIREMENTS: There are no matching requirements for the CDBG program. The HOME and ESG matching requirements are covered under the State of Hawaii's Action Plan. The County requires that each project provide the required match and/or provide documentation of the use of surplus match funds. C. ACTIVITIES TO BE UNDERTAKEN 1. DESCRIPTION OF CDBG PROJECTS The County of Hawaii has been informed by HUD that the County's total 1999 CDBG allocation is $2,177,000. The County also anticipates an additional $28,589 of program income from the Downtown Improvement V-6 99 Consol/3-29-99 Association Exterior Rehabilitation Loan program and the County's Residential Rehabilitation Loan Program, for a total of $2,205,589 of available CDBG monies. To meet its CDBG program objectives and priorities, the following projects are included in the 1999 Action Plan. 1999 CDBG Projects Amount East Hawaii Police Detention $1,805,589 Facility - Construction Administration, Planning & Fair Housing $ 400,000 Total $2,205,589 Based on the approved 1999 CDBG funds, the County estimates that 100 or $2,205,589 of the 1999 CDBG grant funds will benefit low and moderate income persons in accordance with CDBG regulations. The CDBG project amount for the East Hawaii Police Detention Facility may change to accommodate the actual amount of program income received. 2. DESCRIPTION OF HOME PROJECTS The State of Hawaii is required to submit its 1999 Action Plan to HUD for the 1999 HOME Program. It is anticipated that the State will continue to divide the HOME funds among the three neighbor island counties. The County of Hawaii anticipates that it will receive approximately $963,000 for its 1999 HOME Program. The County also anticipates $265,000 of program income from the Hualalai Elderly and Ouli Self- Help Housing projects, for a total of 51,228,000 of available HOME monies. To prepare for the 1999 HOME program, the County requested project proposals and will submit the following projects to the State's Housing and Community Development Corporation of Hawaii (HCDCH) for approval: 1999 HOME Projects Amount County of Hawaii HOME Rental Assist.Program $750,000 Hale Ulu Hoi IZI Rehabilitation $265,000 Hawi Mutual Self-Help Housing (CHDO) $150,000 Administration - OHCD & Rental Asst. Program $ 63,000 Total $1,228,000 The HOME project amount for the County of Hawaii's HOME Tenant-Based Rental Assistance Program may change to accommodate the actual amount of HOME funds received by the V-7 99 Consol/3-29-99 County from the State. 3. DESCRIPTION OF ESG PROJECTS The State of Hawaii is required to submit its 1999 Action Plan to HUD for the 1999 ESG Program. It is anticipated that the State will continue to divide the ESG funds among the three neighbor island counties. The County of Hawaii anticipates that it will receive approximately $56,513 for its 1999 ESG Program. To prepare for the 1999 ESG program the County requested project proposals and will submit the following list of shelters to the State's Housing and Community Development Corporation of Hawaii: 1999 ESG Shelters/Programs Amount Kawaihae Transitional and Emergency Shelter $ 40,000 - Operations Hale Ohana Spouse Abuse Shelter $ 8,245 - Operations West Hawaii Family Crisis Shelter $ 8,268 - Renovations to Facility Total $ 56,513 The ESG funds allocated for the West Hawaii Family Crisis Shelter Renovations to Facility may change to accommodate the actual amount of ESG funds received by the County. 4. DESCRIPTION OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROJECTS The HOPWA funds will be managed and distributed by the State of Hawaii. D. GEOGRAPHIC DISTRIBUTION 1. DESCRIPTION OF THE GEOGRAPHIC AREAS, GIVING RATIONALE FOR ALLOCATING FUNDS The County does not allocate funds based on geographic areas. The CDBG, HOME and ESG funds are allocated through a RFP process which rank and rate projects for program eligibility, need and meeting the County and State priorities. E. HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES In the County's 1999 Action Plan, the County is proposing the following projects to address the Homeless and Persons with V-8 99 Consol/3-29-99 supplies, insurance, mileage, fuel, and utilities) to provide shelter and support services to approximately 270 homeless persons annually. 2. Hilo Ohana Spouse Abuse Shelter (ESG): Provide funds for operational expenses (repair and maintenance of vehicle and insurance) to provide shelter and support services to approximately 360 homeless adults and children who are battered or fleeing physical and/or sexual abuse. 3. West Hawaii Family Crisis Shelter (ESG): Provide funds for rehabilitation to the facility. The facility will provide shelter and support services to approximately 251 homeless adults and children who are battered or fleeing physical and/or sexual abuse. 9. Hale Ulu Hoi III Rehabilitation (HOME): Provide funds for the rehabilitation of a 18-unit apartment complex. This project will provide rental housing to 10 developmentally disabled persons who desire to live independently. 5. County of Hawaii HOME Rental Assistance Program (HOME): The OHCD will utilize HOME funds for a tenant based rent assistance program. These funds will provide rental assistance to 125 low and very-low income families. F. OTHER ACTIONS The County of Hawaii will continue to work with appropriate State and Federal government agencies and non-profit organizations to address affordable housing barriers, support of initiatives that meet the needs of the under served, foster and maintain affordable housing, and reduce the number of persons below the poverty line. Please refer to the State of Hawai'i's Action Plan for public housing and resident initiatives. The County will continue to test homes with children under seven years old and buildings constructed prior to 1976 for lead base paint prior to rehabilitation as well as to determine the appropriate lead base abatement method. G. 1999 ANNUAL PLAN See attached. H. SUMMARY OF CITIZEN COMMENTS See attached. V-9 99 Consol/3-29-99 Application for Federal Assistance 2. Date Submrttetl Applicant Identifier 05/15!99 99-8000687 t. Type of Submuswn: 3. Date Received by State State Applieahon Identifier Application: Construction a. Date Received by Federal Agency 'rederal Identifier reaPPliptlbn: 99-6000567 5. Applicant Infonnatlan legal Name Organ¢atibnal Unit County of Hawaii OMce of Housing and Community Development Aodreaa Contact 50 Wailuku Dnve Edwin S. Taira Hilo. HI 96720 (808) 961- 8379 Hawaii 8. Employer Identificabon Number (EIN): 7. Type of Applicant: 998000567 County 8. Type of Applindon: Type: New 9. Name of Federal Agenry: U. S. Dept. of Houaing 8 Urban Development 10. Catabg of Federal Domestic Assistance Number 11. Descriptive Title of ApplicanCS ProjeG: Catalog Number. 14219 Improvements to public facilities, provide housing and Assistance Title: Comm. Develop. Block Grant Small Cities Provide homeless services in the County of Hawaii. 12. Aroas Affected by Pro)ea: County of Hawaii 13. Proposed Project 14. Congresswnal Oistncts of: Start Oate End Date a. Applicant b. Project 07/01/99 12/31/00 2nd 2nd 15. Estimated Funding: 16. Is Application Subject to Review by State Executive OMer 12372 Process? a. Federal 52 177 000 Review Status: Program not covered b. Applicant 50 c. State 50 0. local 17. Is the Applicant Delinquent on Any Federal Oebt? EO No e. Omer 50 f. Program Income 528,589 g. 7atal S 2.205,589 t8. To the best of my knowledge and belief, all Cata m this application/preapphcation are true and correct, the document nos been duly authonzed by the governing body of the applicant and the applicant will comply with [he attached assurances d the assistance is awarded a. Typed Name of Authonzed Representative b Title c Teiepnone Numoer Stephen K. Yamashiro Mayor. County pf Hawau (808) 961-821 t d. Signature o(Authpnzed Representative a Date Signed V-10 1999 CDBG PROJECTS I ~ ~ !a ' ~ c ~ ~ ~ ~ j U ~ a w V fa ~ U Li. 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O. m ~ 0 - Q = = W N J w U - N jQ O` O °0 0 d J o 0 V-27 ! I II ~ ~ z~m 6 ~ Z 'C (n O ~ t rn a y rn H ~ o o ~ W ~ ~ = o ~ w U ~ c c a 0 W v m m ~a cn~ o°°~ W_ ~ ~ ~ O Z O ~ ~ U ~ Q=~ w Q ~ J ~ZS7k~ oom °W =a ~J Z QW O o Z= ~ =N m v pN o Om =a J ~ N YO = U N wU i a W N 7 'I N H U I Q - - - V-28 - - - - - O cD O O a0 O V/ N H W N M aD 00 N N N d ~ ~ O a O c ] M N LL C ~ d C ¢ r E ~ ~ w 3 ~ o d C m U~ a ~ m O li o W=~ ~ F Q y C ~ d ,n N C ~ „ t ~ m ~ O ~ H ~ o `aa _ ~ ~.Q of a rn °o o~ " d U V ii O o VI ~ N ` N N ~ ~ O C O „ v H ~N O~ R C . E of a d m O ~ O OCd O~ a O° = O w U d ~ m o I F ~ O = V O O N N ~ ~ O ~ ~ o E N c a ~ a ~ d U N m ~ a a c .J g %ri~ gy ~ c as°c~ u ~ p c r v m c s ; m e ~ w~ m d p ~y ~EN°'~ ]y m cm C~c]'m 'c 9 QI >O U d _C ] d L Oi m W A N N N m ~ 'n L 11 O yl N- N O N y N~ T a N ~ o: omLC E'yy"v~~oo U~cvm ~ ~ n V) > ~-C ~ U tOVSa m T=N E C d O j `v mycm vZmnh=m :E3ma.~ >z yN TO y ]NNO. UNNIOw~~ LL[Q~C N OCtOO ]~dW.C tO~ OO a>.~ ~ C O.a U y ~c~o~oNC~mom HOZ'm V _ a N T ° VyR'ha ~~C~Nr.~.. INNER 1 N C~ C O~ C C R d N O~ N b x a N ~ O_ N uRi an d i` C C A R m L N U O= V O y O 41 LL ~ R a N_ ~ U t~ Ol m w y C C C O. R¢ - M O w t Of j~ S C U_ O~ R O m U" ~3 uNi ~'^~zva E~a~~Z aQp~3a ~ y S ~ a v v R~ ~ y>> m m~ o y R v R R y 2 v v oiE a~ a= m c m- c_> u m Q ~ ~.v c a E `v a m a> O° o¢ R m w O~ z; m= d~ ~LL ~ ~L VCS.-a3N ~n~ F=~nv~u~ ° 3 c = N N N N O a C _ = U O = L n m a a m a` v ~ Q S 2 W y e a+ _ V d jp U rn O` O o 0 d J o a V-29 a~ O N fq j Z ~ ~ ~ Q N ~ ~ e- 7 N U U Q(J d C C ~ l9 R ~j L L • _ ~ ~ ~ f ~ 0 ~ ~ N 3 3 3 ~ J J J U a a~ YV N Q o Q • ON Y~ Z U ~ 'S w a ~ z Y 14 '~i ~ Zoo C,~2 ~ b~ 5~2~ YF J ~y~J J Q ~ W J~ ~ ZQW a Off= a= ~ Q=~ _in I I O ~ ~ cis JjU ~U V-30 CERTIFICATIONS COUNTY OF HAWAI'i CERTIFICATIONS In accordance with applicable statutes and regulations governing consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -Thejurisdic[ion will aftinna[ively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan - It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti-displacement and relocation assistance plan required under Section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace [twill or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, 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; 2. Establishing an on-going drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drop free workplace: (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph ] ; 4. Notifying the employee in the statement required by paragraph I that, as a condition of employment under the grant, the employee will - (a) Abide by [he terms of the statement, and (b) Notify the employer in writing of Itis or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has desi;nated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected gran[; V-31 6. Taking one of the following actions, within 30 calendar days of receiving notice under ubparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, S[a[e or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain adrug-free ~~orkplace through implementation of paragraphs I, 2, 3, d, 5 and 6. Anti-Lobbying - To the best of the jurisdiction's knowledge and belief: l . 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 cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or wi II 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 an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraphs l and 2 of this anti-lobbying certification 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. Authority of Jurisdiction - The consolidated plan is authorized under State and local law (as applicable) and [he jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Stephen K. Yamashiro Date Title Mayor, County of Hawaii V-32 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation !t is in full compliance and following a detailed citizen participation plan that satisties the requirements of 24 CFR 91.10>. Community Development Plan - [ts consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 Part 570) Following aPlan [t is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds - It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG Funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available; 2. Overall Benefit. The aggregate use of CDBG funds including Section 108 guaranteed loans during program year(s) 199 9 , 2000 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. [t will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section l08 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect [o [he public improvements financed by a source other than CDBG funds. Thejurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (no[ low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if thejurisdiction certifies that it lacks CDBG funds to cover the assessment. V-33 Excessive Force - It has adopted and is enforcing: I. A policy prohibiting [he use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations: and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance with Anti-discrimination Laws -The grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws - It will comply with applicable laws. Signature/Authorized Official Stephen K. Yamashiro Date Title Mayor, County of Hawaii V-34 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certitcatiun. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces a[ [he time of application, or upon award, if [here is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph 3). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant V-35 Place of Performance (Street address, city, county, state, zip code) Office of Housing and Community Development 50 Wailuku Drive Hilo. Hawaii 96720 Check _ if there are workplaces on file that are not identified here. The certification with regard to the drug free workplace is required by 24 CFR Part 24, Subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (2l CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by anyjudicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matchin!* requirement, consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). V-36 SUMMARY OF CITIZEN COMMENTS Summary of Comments The Office of Housing and Community Development (OHCD) received two (2) letters to the County's proposed project recommendations in its 1999 Action Plan. In summary both letters were from applicants who did not received ESG and CDBG funding. Both applicants requested to review the OHCD rating and point systems for its ESG and CDBG project recommendation. One applicant provided further clarification to audit findings as submitted in the project proposal. In response to these comments, the OHCD provided both applicants with a copy of the final rating and point systems. The OHCD also informed both applicants that the points were awarded based on the criteria as contained in the ESG and CDBG proposal packet. In addition, the OHCD informed and invited both applicants to attend and testify at the Hawaii County Housing Agency (HCHA) meeting on April 6, 1999. The HCHA will act upon the OHCD's project recommendations and Action Plan. ~YS~ Febn~ary 8, 1999 Royce Shiroma Office of Housing 50 Wailuku Dr. Hilo, HI 96720 Hi Royce Was good to talk to you again. Thanks for spending time and answering all my questions about Euture proposals and so on. I'm glad to know that we just need to be persistent. Regarding this year s ranking, you asked me to send a written request for a review of the points system. It would be helpful [o know [he following: • Point totals for the competing proposals submitted this year • Point awards for each component of the project evaluation for each of the competing proposals this year Also, would it be possible to take a look at copies of the proposals submitted by organizations that scored higher than us this year? Many thanks for all your help Royce. My best, Tim Tim lames 75-3779 Iuna Place kailua-Ilona, HI 96 i 40 Phone: (808) 326-1085 Fas: (808) 331-2878 Timjames@kona.net r $cephee K Yam~hiro 1~ atAR 2 3 1999 uar. ~~i ~1.II1SIS~~T IIl ~tI~iIFLSS OFFICE OF HOUSING ~'~1D CO~IVIUNITY DEVELOPMENT % Wailuku Dci~e • Hilq HalvaiY %7752486 WCf18081 %3-8379 • FAX 180!1%3-8685 March 19, 1999 Donna Kaneko, Executive Director Family Crisis Shelter Post Office Box 612 Hilo, Hawaii 96721-0612 ATTN: Tim James SUBJECT: 1999 Community Davalopmont Block Grant (CDBG) Program West Haxai'i Family Crisis Shelter Project The Office of Housing and Community Development (OHCD) is in receipt of your letter, dated February 8, 1999. Your comments will be included in the County of Hawai'i's 1999 Action Plan for the Hawaii County Housing Agency's (HCHA) approval on April 6, 1999. As requested, the OHCD is attaching a copy of the total points awarded to your project, as well as all of the other projects. Also, the OHCD has attached a copy of the points awarded for each criteria in the CDBG application packet. You have also requested to review the other applicant's proposals, submitted to the OHCD for the 1999 CDBG Program. You may review these proposals at the following location: Office of Housing and Community Development County of Hawaii 50 Wailuku Drive (in the Hilo Armory) Hilo, Hawaii 96720 These proposals will be available Monday through Fridays, between the hours of 7:45 a.m. and 4:30 p.m., except holidays. 7975cLy! EGUAL HOUSING OPPOFi7UNITY ',w EOUAI O~PONT4wTY EMntO+EF' Donna Kaneko Paqe 2 March 22, 1999 The OHCD appreciates your comments. If you have any questions or need additional information, please call Royce Shiroma at 961-8379. ~ E-dw n S. Taira Assistant Housinq Administrator Enclosures 7475c Ly9 i G~ 75 Kapidani Street East Hawaii Coalition for the Homeless Ph«~ ~~1-25759 Faz (t108) 935.1720 Email: elrh~iMerpac.net Mr. Edwin S. Taira Assistant Housing Administrator Office of Housing and Community Development 50 Wailuku Drive Hilo, Hawaii 96720 RE: 1999 Emergency Shelter Grants (ESG) program for the Kihei Pua Emergency and Transitional Shelter Dear Mr. Taira, I am writing to you in regards to your office's decision of not including the application of the East Hawaii Coalition for the Nameless, into the 1999 ESG Program year. Your decision was based on the findings of the old financial audit of 1996-1997. At the time of submittal, the current financial audit was not fully completed at that time. The EHCH wants the OHCD to know that the EHCH has corrected the concerns listed on the 1996-1997 financial audit in the following areas: • Accounting practices and software to effectively track grant funds. We currently are implementing Quickboooks Pro 99, with assistance from an accounting firm and computer consukant. • Keeping thorough and accurate records of all donations. • Meeting report deadlines and program compliance issues. • Overall effective organizational management. We would like an opportunity to meet with you to share the details of our organizational corrective action and supporting evidence. Please find enclosed a copy of the 1997-1998 latest financial audit. Moreover, please strongly consider the EHCH for the 1999-2000 ESGP funds. Thank you for your time and consideration. Truly, Alma R. Duld a ,M.B.A. Executive Direc or ~r_., 115 Kapidani Street East Hawaii Coalition for the Homeless 9 Faz(808)935-1720 Email: ehch~uReryacnet March 4, 1999 Mr. Royce Shiroma ESG Housing and Community Specialist County of Hawaii Office of Housing and Community Development 50 Wailuku Drive Hilo, Hawaii 96720 (808) 961-8685 RE: Denial of Application for the 1999 Emergency Shelter Grants (ESG) program for the Kihei Pua Emergency and Transitional Shelter Dear Royce, This is to summarize our meeting on February 26, 1999, at 4:25 p.m. that discussed the denial of the EHCH's application for 1999-2000 Emergency Shelter Grant. I had expressed the following statements to you: • EHCH felt that the OHCD's decision was a misinformed one due to the review of the 1996-1997 management letter from the auditor that is strictly meant for the managerial staff to improve on. Since this was a requested document in the past, we had included in the grant. In addition, our FY 1997-1998 financial audit was not completed until January 20"', 1999. • The OHCD needed to take into consideration that independent auditors report in the 96-97 financial statement that stated `the financial statements referred to above present fairly, in all material respects the financial position of the EHCH..." (p. 1). Therefore, the management letter is an inappropriate document for the OHCD to base its decision on. • The 97-98 Financial audit revealed corrected action within that year and especially sign cant improvement on the findings of the 96-97 management letter. We are in the process of implementing a formal accounting software. During the interim, the current Executive Director has trained the administrative staff to effectively monitor and track grant funds. • The EHCH would like the OHCD to reconsider the application of the ESG for 99-2000. ff it were not reconsidered. the EHCH would tike to find out if there is an appeals process to file an appeal. Please inform me of the outcome of this reconsideration of the ESG application as soon as possible. My heartfelt thank you for your time and reconsideration. I look forward to hearing from you. Truly, AI R. Duldu o, .B.A. Executive Dire cc: Mr. Edwin S. Taira, Assistarrt Housing Administrator •~Y M!i• ~~+I~ ~~n Saphen K. Yamuhiro ~ •n i;.'~• MAR 2 ~ 1999 ~IIUT[f~1 II~ ~ttfuttii OFFICE OF HOUSING ~1ND CO~L~IUNITY DEVELOPNIEN"T i0 Wailuku Drive • Hilo, Hawaii %7'~23t41 March 2 2 , 19 9 9 vrt~r ieoei %iarn • Fnx iaoei %i-arses Alma Duldulao, Executive Director East Hawaii Coalition for the Homeless, Inc. Post Office Box 217 Hilo, Hawaii 96721 SUBJECT: 1999 Emergency Shelter Grants (ESG) Program Rihei'pua Emergency and Transitional Shelter The Office of Housing and Community Development (OHCD) acknowledges receipt of your letter dated March 4, 1999. Your comments, as well as this response letter, will be included in the County of Hawai'i's 1999 Action Plan for the Hawaii County Housing Agency's (HCHA) approval on April 6, 1999. The OHCD has the following clarifications in response to your letter: The OHCD did not deny your application for the 1999 ESG Program funds based on the 1996-97 audit report. The application met the eligibility factors stated in the County of Hawai'i's ESG Program Proposal Packet. However, because of the low score, the East Hawaii Coalition for the Homeless, Inc., (EHCH) project was not included in the 1999 Action Plan. The ESG funds are distributed in a competitive manner. It is up to each organization to submit a complete application. The OHCD provides the criteria for each rating element in each application packet. The OHCD utilizes the information provided in the application packet and knowledge of an organization's oast performance on implementing the grant to determine the criteria points. In the past the EHCH has had many problems with ESG, HOME, and CDBG projects administered by the OHCD. Discussions and training sessions with n.e'.r board chairpersons did not resolve the problems. L ~a29acrys ~--i~' EGUA~ HOUSING OPPORTUNITY 'uv EOwL OvwJAiUw iv Ew~LO+Efi" Alma Duldulao Page 2 March 22, 1999 We understand that you are the new Executive Director. However, it is up to the EHCH to provide documentation to show improvement and that EHCH has corrected previous problems. Without such documentation, the OHCD cannot justify awarding high points in the past performance and project management categories of the ESG application rating system (see attached sheet of scores and ranking order). In your application, there was no indication that EHCH had improved and corrected the problems stated in the previous audit reports. The County must ensure that the award of federal funds will be provided to agencies that can implement and expend the funds in accordance with the rules and regulations. Regarding the appeals process, at its meeting on April 6, 1999, the HCHA will review the 1999 Action Plan, and forward its recommendations to the County Council for approval. The EHCH is welcome to attend the HCHA meeting and testify on behalf of its project. The HCHA will hear all public testimony and take appropriate action on the 1999 Action Plan. The OHCD staff members can provide your organization with technical assistance for future ESG and other grants. If you have any questions or need additional information, please call Royce Shiroma at 961-8379. Edwin S. airs Assistant Housing Administrator Enclosures ~429acrya