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HomeMy WebLinkAbout1990-08-27 90-304 ORDERCONSENT AGENDA Introduced For CONSENT AGENDA ©Passage ❑ First Reading Page _ of F-1 Referral Pate 5-27-90 Item No. 90-304 Item/SubjecC Authorizing Execution of Amendment to Grant Agreement - Emergency Shelter Program Responsible Department: Legal Commentary: The City Manager has been contacted by a representative of the Maine State Housing Authority requesting that our existing Grant Agreement for the Emergency Shelter Program be amended to reflect ant change in Federal law. The new Act, known as the "Byrd Amendment", relates to lobbying activities and recipients n Federal monies. The proposed Amendment requires the City to certify that no funds have been paid to any person for purposes of influencing the award of any Federal monies under the Program. Deporn nrHnA Manager's Comments: W. %Lll/2 City MI/ Associated Information: �4 t' A91(1' i Su get Approve: m Dirc Legal Approval: This appears to be a routine mat 1 recommend approval. car seiaiwr Introduced For CONSENT AGENDA ©Passage ❑ First Reading Page _ of F-1 Referral 90-306 Aaeigned to COMMU(n England, August 27, 1990 CITY OF BANGOR (TITLE.) ft", Aatn ing 11 ExIstation of Amendment to Grant Agree -- Emergency Shelter Program By W City CausdZ of 04 oJByrown ODD66EDr M2 the City Manager is hereby authorized and directed, n behalf of the City of Bangor, to execute an Amendment to the Grant Agreement between the City of Bangor and the Maine State Housing Authority for the Emergency Shelter Program, a copy of said Amendment and related correspondence being on file in the office of the City Clerk. 90-304 In City Council August 27,1990 O R D E R Passed Title, City C1 k C Authorizing Execution of Amendment ........................... ... to Giant Agreement emergency Shelter .¢ragram .............................. gom* wd to ..................................... Councilman M 90-909 MEMORANDUM DEVELOPMENT DIVISION MAINE STATE HOUSING AUTHORITY T0: Edward A. Barrett, City Manager .I Bangor y%_`/'/p/fi0y FROM: Carol Dudley, Program Offi DATE: August B, 1990 SUBJECT: Amendment to 1990 Emergency Shelter Grants Program (ESG) Grant Agreements Attached, you will find an informational sheet explaining a recent federal law, known as the "Byrd Amendment," which relates to lobbying activities and recipients of federal monies. Also attached is an Amendment to your Grant Agreement an behalf of Wellspring, Project Atrium, The Greater Bangor Area Shelter,. and St. Michael's Center, which adds a paragraph certifying that no funds have been paid to any person for influencing the award of any federal monies. Please sign the amendments where indicated, have them witnessed, and returned to our office. We will have the amendments signed by our Director, and mail a copy of each to you for your files. Please call if you have any questions. Corms Enclosure CC: Mary Jane Bush, Wellspring, Inc. Holly Stover. Project Atrium DJJ)'1 PamBangor ela Chase, Greater Bangor Area Shelter Kay Carter, St. Michael's Center � fj ,A 90-304 IMPORTANT COMPLIANCE INFORMATION CONCERNING NEW FEDERAL GOVERNMENT LOBBYING REGULATIONS TO: Shelter Operators and other recipients of funds under the Emergency Shelter Grant Program (the "ESD Program") Dace: August, 1990 A recant federal law known the Byrd Amendment, effective December 23, 1969, prohibits any recipient of monies under a federal contract, grant, loan or ooperaaive agreement from using the funds for "lobbying"r activities These prohibited lobbying activities consist of-pay[ing] any person for influencing, or attempting to influence, [federal) Executive or Legislative branch personnel inconnection t Vick the award of Any Federal contract, the making of any Federal grantor loan, or the entering into of any cooperative agreement. This is a government -wide prohibition and therefore, they apply to the foods your organization receives or administers under the Authority's ESC Program. An additional requi ent of this new law calls for the submission of the fallowing documents if the funding being applied for or awarded is $100,000 or more ($150,000 for federal loans or loan guarantees): (1) A "Certificatne -- entially a signed statement by the recipient that the recipient has notmade, and will not make, prohibited payment from appropriated funds; (2) a "Statement"-- again, signed statement that the recipient of o applicant for a guaranteed or insured loan will fila Disclosure form if the recipient has made, or will make, any payment t influence or t attempt influence, any federal personnel in action with the loan insurance orguarantee; and (33) a 'Disclosure" (Form SF -LLL) -- a document detailing any such payments de from non-federal monies. The law provides for penalties for making prohibited payments or for failing to file required Certification. Statement or Disclosure farms. Because the amount of the grant year organization was aided or has received order the 1990 ESG Program falls under the minimum your organization is not required to submit the Certification or other forms described above. Weare sending you this notice, however, to call your attention to the prohibition contained in the new law and to stress your organization's responsibility ofcomplying with it. We should emphasize that this notice is mpp a complete summary of the federal regulations, which are obtainable directly from HUD or from the Authority (we have a limited supply). The Byrd Amendment and the implementing regulations require MSHA to include the language of the Certification in its ESG contract. Accordingly, we are enclosing a e amendment to the contract which requires the signature of theappropriate representative of your organization. Once it has been signed, please return to us. Please contact Carol Dudley at the Authority if you have any questions on the information provided in this notice. byrd.esg AMENDMENT TO GRANT AGREEMENT EMERGENCY SHELTER GRANT PROGRAM This is anamendment t the Grant Agreement (the "Agreement") between the Maine State Housing Authority (the "Authority") and the Inhabitants of the MuNcipality of Bangor (the "Recipient-) with an effective date of May 4, 1990 which suballocates to Wellspring, Inc. Paragraph 9 of the Agreement is hereby amended as follows to add new subparagraph (j): "(j) Recipientants and agreesthat no federally appropriated funds Move been paid on will be paid, by or on behalf of Recipient, to any person for Influencing or attempting to influence an officer or employee. of a Federal agency, a Member of Congress, an officer or employee of Congress, ran employee of a Member of congressconnection with the girding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, _ continuation, renewal, amendment a modification of any Federal contract, grana, loan or cooperative agreement" All other provisions of the Agreement shall 'remain in full force and effect. This Amendment shell have an effective date of May 4, 1990. Witness esgp\am-byrd.2 ME INHABITANTS OF TO MUNICIPALITY OF BANGOR By: Edward A. Barrett Its_ City Manager MAINE STATE HOUSING AUTHORITY By: Dwight A. Its Director AMENDMENT TO GRANT AGREEMENT EHER GENCY SHELTER GRANT FROG RAN This isn Amendment to the Grant Agreement (the "Agreement-) between the Maine StateHousing Authority (the "Authority") and the Inhabitants of the Municipality of Bangor (the "Recipient') with an effective date of May 4, 1990 which suballocates to project Atrium, Inc. Paragraph 8 of the Agreement is hereby Amended as follows to add new subparagraph (j): "(j) Recipient covenants and agrees than no federally appropriated funds have been paid on will be paid, by or an behalf of Recipient, to any parson for influencing or attempting to influence an officer or employee of a Federal agency, a Member of Congress, an officer or employee of Congress, ran employee of a Member of Congress in with the warding 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." All other provisions of the Agreement shall r n full farce and affect This Amendment Shall have an effective date mfnMay 4, 1990. THE INHABITANTS OF THE MUNICIPALITY OF BANGOR Witness By: Edward A. Sanest Its City Manager MAINE STATE HOUSING AUTHORITY Witness By: Dwight A. Sewell Its Director eegp\am-byrd.P AMENDMENT TO GRANT AGREEMENT EMERGENCY SHELTER GRANT PROGRAM This isn amendment to the Grant Agreement (the "Agre t") between the Maine StateHousing Authority (the "Authority") and the Inhabitants of the Municipality of Bangor (the -Recipient-) with an effective date of May 4, 1990 which suballocates to The Greater Bangor Area Shelter. Paragraph 8 of the Agreement Is hereby emended as follows to add new subparagraph (j): ' "(j) Recipient covenants and agrees that no federally appropriated funds have been paid o will be paid, by or on behalf of Recipient, to any person for influencing or attempting to influence an office[ or employee of a Federal agency, a Member of Congress, an officer or employee of Congress, ran employee of a Member of Congressconnection with the girding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment o modification of any Federal contract, grant, loan or cooperative agreement." All other provisions force of the Agreement shall remain in full fax and effect. This Amendment shall have an effective date of May 4, 1990 THE INHABITANTS OF THE MUNICIPALITY OF BANGOR By: Edward A. Barrett Its City Manager MAINE STATE HOUSING AUTHORITY By: Dwight A. Sewell Its Director esgp\am-byrd.z AMENDMENT TO GRANT AGREEMENT EMERGENCY SHELTER GRANT PROGRAM Thisis n amendmentthe Grant Agreement (the 'Agreement") be[w the Maine StateHousing Authority (the "Authority") and the Inhabitants ofen the Municipality of Bangor (the 'Recipient") with an effective date of May 4, 1990 which suballocates to Diocesan Human Relations Services, Inc, Paragraph 8 of the Agreement is hereby amended as follows to add new subparagraph (j): ^(j) Recipient covenants and agrees that no federally appropriated funds have been paid o will be paid, by orn behalf of Recipient, to any person for influencing a attempting to influence officer or employee of a Federal agency. a Member of Congress, an officer or employee of Congress, ran employee of a Member of Congress in connection with the awarding of any Federal grant, the making of arty Federal loan, the entering into of any cooperative agreement, and the extension, wal, amendment o modification of any Federal contract, grant,nloan or cooperative agreement." All other provisions of the Agreement shall remain in full for[¢ and effect. This Amendment shall have an effective date of May 4, 1990. THE INHABITANTS OF THE MUNICIPALITY OF BANGOR Edward A. Barrett City Manager MAINE STATE HOUSING AUTHORITY Dwight A. Sewell Director eagp\am-byrd.2