RESOLUTION NO. 7022

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, AUTHORIZING STAFF TO FILE WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A REQUEST FOR A WAIVER OF A POTENTIAL CONFLICT OF INTEREST BETWEEN THE CITY OF LAWRENCE, KANSAS, AND JUST FOOD OF DOUGLAS COUNTY, INC., IN ACCORDANCE WITH 24 CFR § 570.611(d).

WHEREAS, the City of Lawrence, Kansas, receives direct annual funding from the United States Department of Housing and Urban Development (HUD) under its Community Development Block Grant (CDBG) Program;

WHEREAS, Just Food of Douglas County, Inc. (Just Food), a Kansas not-for-profit corporation, partners with over thirty-five agencies to provide food services to low-income clients in the City and surrounding areas;

WHEREAS, in December, 2012, Just Food applied to the City for CDBG funding in the amount of $30,000.00 to purchase a refrigerated box truck to facilitate the transportation of perishable food items and produce to low-income clients;

WHEREAS, after Just Food filed its application for CDBG funding with the City, Jeremy Farmer, Chief Executive Officer of Just Food, filed for and was elected to the City Commission;

WHEREAS, after Commissioner Farmer's election, the Community Development Advisory Committee recommended that the City grant CDBG funding to Just Food in the amount of $25,000.00 for the purchase of a refrigerated box truck;

WHEREAS, as the result of that recommendation, the City recognizes that there exists now a potential conflict of interest between the City and Just Food, in that Commissioner Farmer is employed as the Chief Executive Officer of Just Food;

WHEREAS, HUD regulations governing CDBG funding, 24 CFR § 570.611(d), allows HUD to issue, under certain circumstances, Conflict of Interest Exceptions;

WHEREAS, public disclosure of the potential conflict of interest between the City and Just Food has been provided by its inclusion on the Agenda of the City Commission's May 7, 2013, regular public meeting;

WHEREAS, at the May 7, 2013, public meeting, the Governing Body discussed the need for an exception from a potential conflict of interest between the City and Just Food, heard comments from the public, and determined that no other entity could provide the service offered by Just Food and that no other reasonable options exist to fund the purchase of a refrigerated box truck; and

WHEREAS, the Governing Body reviewed and considered staff's independent assessment of the applicable exemption factors and has indicated approval of them.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if set forth in full.

SECTION 2. The Governing Body hereby authorizes City Staff to file with HUD an application requesting a waiver of a potential conflict of interest between the City of Lawrence, Kansas, and Just Food of Douglas County, Inc., regarding CDBG funding in the amount of $25,000 to Just Food for the purchase of a refrigerated box truck.

SECTION 3. City Staff is hereby directed to submit to HUD, together with and in support of the application for a waiver of conflict of interest, a copy of this resolution and all necessary and supporting documentation.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this 7th day of May, 2013.

 APPROVED:

___________________________________

Michael Dever

Mayor

ATTEST:

__________________________________

Jonathan M. Douglass

City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________

Toni R. Wheeler

City Attorney

*****

NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.