HomeMy WebLinkAbout1997-05-12 97-219 RESOLVECOUNCIL ACTION
Item No. 97-219
Item/Subject: Assuring am] Certifying me City's Compliance wim Certain Requirements for Community
Ikvelopment Funds
Responsible Department: Community and Economic Development
Community Development regulations require that We City certify it w61 comply with, the laws and
regulations of We Community Development Black Grant Program comaircd in "Anaclmer¢ A" of this Council
Resolve.
Manager's Comments:
Assmiated Information: 47yaQaNt
Budget Approval:
Finance Director
Legal Approval:
jr VtfSahator
Introduced For
_ Passage
_ First Reading Page_OL_
Referral
Assigned to Councilor Aube May 12, 1997 97_219
CITY OF BANGOR
(TITLE.) �RCSUIUPa_----Aesurings .Cervifying.tee.0iVs_Compliance.wrtncevain... .... ..—
._.__._ ......... ......R4quaeroents_for Community DevelopmenrFLMs
By the City Consent ofthe City ofBaxgor.
RESOLVED,
WHEREAS, the City of Bangor wishes to submit a Consolidated
Housing and Community Development Plan for Community Developroem Block Grant
Entidemem hands under Title I of the Housing and Community Development Act of 1974; and
WHEREAS, Section 104 of the Housing and Community Development
Act of 1974 and Section 590.303 of Title 24 of the Code of Federal Regulations require that
certain certifications ars] assmuae be given by the City of Bangor;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF BANGOR THAT the City of Bangor hereby assures aM certifies that it
will comply with the assurances for the Consolidated Plan Certifications attached hereto as
"Atmchnuent A" aN consisting of seven (9) munbered pages.
IN CITY COUNCIL
May 12, 1997
Passed
iCLEY
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R E S O L V E
Assuring and Certifying the City's
Compliance with Certain Requirements
for Community Development Funds
9y-219
ATTACHICiNT A
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated
plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing --The jurisdiction will affirmatively 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.
Antidisplacement 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 antidisplacement and relocation assistance plan required under section
104(4) 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- It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohib0ed in the grantee's
workplace and specifying Ne actions that will be taken against employees for violation of
such prohibition;
2. Establishing an ongoing 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 drug-free workplace;
(c) Any available tlmg 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 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his 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
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Section 3 — It will comply with Section 3 of the Housing and Urban Development Act of
1960, and implementing regulations at 24 CFR Part 135,
Signature/Authorized ficial Date
City Manager
Title
97-219
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation - It is in full compliance and following a detailed citizen participation
plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan - Its 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 a Plan — It 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 PriodN. With respect to activities expected to be assisted with CDBG
funtls, 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 CDSG funds including section 108 guaranteed
loans during program yeads) 1997 , 1999 (a period specified by me 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;
1 Special Assessments. It will not attempt to recover any capital costs of public
improvements assisted with CDBG funds Including Section 108 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 t0 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 to the public improvements financed by a source other than CDBG
funds.
The jurisdiction 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
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the propodion 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 funs. Also, in the case of properties owned and
occupied by moderate -income (not 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 the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Force - It has adapted and is enforcingr
t. A policy prohibiting the 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 itsjurisdiction;
Compliance With Antidiscrimination laws - The grant will be concuded 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.
5-s-97
SignaturelAuthor¢ed Gffcial Date
City Manager
Title
9J-219
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE
REQUIREMENTS:
A. Lobbying Centfcation
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, the
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. Dr.mi Workplace Certification
1. By signing and/or submitting this application or grant agreement, the grantee is
providing the certification.
2. The certification is a material representation of fad 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 Dmg-Free
Workplace Act.
3. For grantees other than individuals, Alternate I applies. (This is the information
to which lunsdictions certify).
4. For grantees who are individuals, Alternate II applies. (Not applicable
jurisdictions.)
5. 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 idenfify the workplaces at the time of
application, or upon award, if there 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.
6. 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).
]. If the workplace identified to the agency changes during the performance of
the grant, the grantee shall infemr the agency of the Change(s), If it previously
identified the workplaces in question (see paragraph five).
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8. The grantee may insert in the space provided below the sites)for the performance of
we* done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
City Hall 73 Har Low Street Bangor, Penobscot, ME 04401
Public Works Bldg., Illinois Ave Bangor, Penobscot, ME 04401
Vehicle Mint. Garage, Illinois Ave., Bangor, Penobscot, ME 04401
Park Woods, 11 Bolling Drive, Bangor Penobscot, ME 04401
Check if there are workplaces on file that are not identified here; The certification
with regard to the drug-free workplace required by 24 CFR part 24, subpart F.
9. Definitions of terms in the Nonprocumment Suspension and Debarment
common rule and Drug -Free Workplace common rule apply to this certification.
Granteesattention is called, In particular, to the following definitions from
these miss:
"Controlled substance" means a controlled substance in Schedules l through V
of the Controlled Substances Act (21 U.S.C.812)and as further defined by
regulation (21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea of nolo contenders) or
imposition of sentence, or both, by any judicial body charged with the
responsibility to determine violations of the Federal or State crim drug
statutes;
"Criminal drug statute" means a Federal or ncm-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 (eg., volunteers, even if used to
meet a matching requirement; consultants or independent contractors not on
the grantee's payroll; or employees of subree pients or subcontractors in
covered workplaces).
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title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for
the receipt of such holders. Notice shall include the identification numbers) of each
affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 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, State, or local health,
law enforcement, or other appropriate agency;
]. Making a good high effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Antilobbying — To the best of the Iunsdiction's knowledge and belief,
1. 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 comedian 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 will 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 Foml-LLL, "Disclosure Form to Report
Lobbying,' in accordance with its instructions; and
3. It will require that the language of paragraph (n) of this cedifcation be included in the
award documents for all subawards at all tiere (including subcontracts, subgmnts, 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 the 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 CDSG, HOME, ESG,
and HOPWA funds are consistent with the strategic plan,
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