Authorizing Board of Public Works to Act as Public Body Involving Community Development Block Grant Funds

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RESOLUTION NO. p,.S' (04-g7 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE BOARD OF PUBLIC WORKS TO ACT AS THE PUBLIC BODY WHICH ACKNOWLEDGES PUBLIC DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST INVOLVING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of South Bend, is a grantee of Community Development Block Grant Funds under Title I of the Housing and Community Development Act of 1974 , as amended, and contracts with subgrantees for use of Community Development Block Grant Funds to better accomplish the goals of the Act; and WHEREAS, from time to time potential conflicts of interest involving employees and members of subgrantees arise with respect to the utilization of Community Development Block Grant Funds; and WHEREAS, Department of Housing and Urban Development Regulations permit transactions giving rise to potential conflicts of interest where the Department of Housing and Urban Development approves the waiver of its regulations governing conflicts of interest after proper public disclosure of the conflict; and WHEREAS, the Department of Housing and Urban Development now requires that proper public disclosure be made to the Common Council except where the Council has authorized another public agency to act on its behalf for purposes of acknowledging such disclosure; and WHEREAS, the Board of Public Works is the contracting authority for the City of South Bend and approves all contracts with subgrantees for use of the City' s Community Development Block Grant funds. NOW THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The Common Council hereby delegates to the Board of Public Works the authority to acknowledge public disclosure of potential conflicts of interest and to approve a transaction which presents a potential conflict of interest, contingent on a waiver by the Department of Housing and Urban Development of its regulatory prohibition against such conflict. SECTION II . For each potential conflict to come before and be favorably reviewed by the Board of Public Works, the Board of Public Works shall pass a resolution acknowledging the disclosure, approving the transaction which creates potential conflict of interest and authorizing the Director of Economic Development to request a conflict of interest waiver from the Department of Housing and Urban Development. SECTION III. The Board of Public Works shall submit to the Common Council a copy of any such resolution. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. f embc'r of th- Common 'uncil BL/CC/1 Filed In Clerk's Office PRESENTED I a-D I - 817 DEC 161987 NOT APPROVED ItENE GAMMON ADOPTED e CITY CLERK, SO. BEND, IN.