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HomeMy WebLinkAbout1996-05-13 96-219 RESOLVECODNCIL ACTION Date: May 13 19% Item N0.96-219 Item/Subject: Assuring anal Certifying the City's Compliance with Certain Requirement for Community Development Funds Responsible Department: Convnurdty and Economic Development Community Development regulations require Nat the City cestify it will comply with the laws and regulations of the Community Development Block Grant Program contained in "Apachtaent A" of Nis Council Resolve. Department Head Manager's Comments: 1)uz kpa4w.. _ e... M• Associated Informatlow(9s &, Approval: Finance Director Legal Approval: Cary Solicitor lwr;d sccd For 7 Passage _ First Reading Paw - of -Referral Assigned to Councilor Popper guy 13, 1996 CITY OF BANGOR 96-219 (TITLE.) �ICWIW .. Assurrng and Cectrfymg the_CiO-s Compliance with Certain Requaemeats for Communrtr.Developmw[ Ponds By ere My CouneR of0w GUY of Beeline. REWLYBD; WHEREAS, dm City of Bangor wishes to submit a Consolidated Housing and Community Development Plan for Community Development Block Gram Entitlement funds under Title I of the Housing ars! Commonalty Development Act of 1974; arm WHEREAS, Section 104 of the Housing and Community Development Act of 1974 and Section 570.303 of Tide N of the Code of Federal Regulations require that certain Certifications and assurance 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 arm rectifies that it will comply wits the assurances for the Consolidated Plan Certifications avached hereto as "Attachmem A" and consisting of seven (7) numbered pages. IN CITY COUNCIL May 13, 1996 96-219 Passed E ESOLYE CITY CLE Assuring and Cettifving the City's Compliance With Certain Requirements for Community Development Funds ss U&u JA PP 96-219 ATTACHMENT 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. Anti-0leplacement and Relocation Plan - It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies AM 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 Ilan 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 CDRG or HOME programs. Drag 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 prohibited In the intrusive workplace and spectfying the 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 tlmg abuse violations occurring in the workplace; - 3. Making it a requirement Nat 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 wrPong of his or her conviction for a violation of a criminal tlmg statute occurring in the workplace no later than the 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 -1- 96-219 title, to every grant officer or other designee on whose grant activity the convicted employee was wonting, unless the Federal agency has designated a central point for the receipt of such notices. 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 Ad d 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 faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. And -Lobbying — To the bed &the jurisdiction's knowledge and belief! 1. No Federal appropriated funds have been paid or will the paid, by or on behalf of d, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee 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 will be paid to any parson 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 d paragraph (n) of this cabfication be included in the awed documents for all subawaNs at all there (including subcontracts, subgrants, and contacts under grants, loans, and cooperative agreements) and that all subrecipients shall cetfify and disclose accordingly. Authority of Jurisdiction — The consolidated plan is authorized under Slate and local law (as applicable) and the jurisdiction possesses the legal authority to carry out Me programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan — The housing activities to be undertaken with ODSG. HOME, ESG, and HOPWA funds are consistent with the strategic plan. -2- Section 3 — It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 29 CFR Pad 135. earrelt SignaturelAuthoized Oficial Date City Manager Title -3- 96-219 96-219 Specific CDBG Certifications The EnOtlement 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 wmmunity tlevelopment 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 AffoNability 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 funs, f 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 wefare 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 years) 1994 , 1996 (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 expanded for activities that benefit such persons during the designated period; 3. Swdal Aese9aments. It will not attempt to recover any capital coats of public improvements assisted with CDBG funs 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 corrosion of obtaining access to such public Improvemerita. However, f CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in pad with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the pudic 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 .4. 96-219 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-incame (not low-inwme) 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 Me assessment. Excessive Force — It has adopted and is enforcing: 1. 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 bamng 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 Antidlscriminatlon laws —The grant will be conducted and administered in conformity with title A of Me Civil Rights Act of 1964 (42 USC 20004), the Fair Housing Act (42 USC 3601J619), 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 5570.606; Compliance with Laws — It will comply wall applicable laws. Signature/AUMonzed Official Oats City Manager Title APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:. A. Lobbying Certification This certification is a material representation of fad upon which reliance was placed when this transaction was made or entered iMo. 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 Me required ceflification shall be subject to a twit penalty of not less Man $10,000 and not mora than $10Q000 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 certification. 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 Me grantee knowingly rendered a false certification, or otherwise violates the requirements of Me 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 Ad. 3. For grantees other Man individuals, Alternate I applies. (This is the information to which judadidions codify). 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) 5. Workplaces under grants, for grantees other than individuals, need net be identified on Me certification. If known, they may be identified in Me grant application. If Me grantee tices not identify the workplaces at the time of application, or upon award, it there is no application, the grantee must keep the identity of the wmkplace(s) on file in its office and make the iMormation available for Federal inspection. Failure to identify all known workplaces constitutes a violation of Me 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 haus or radio stations). ]. If the workplace identified to the agency changes during the performance of Me grant, the grantee shell inform the agency of the change(s), If it previously identified the workplaces in question (ace paragraph five). 96-219 8. The grantee may insert in the space provided below the sm(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, sty, county, state, zip code) Citv Ha11, 73 Hallow Street, Bangor Penobscot, ME 04401 Public Works Hldg., Illinois Ave., Bangor, Penobscot, MZ ug4u1 Vehicle Maint. Garage, Illinois Ace., Bangor Penobscot, ME 04401 Check _ if there are workplaces on file that are not identified here; The certification with regartl to the drug-free workplace required by 24 CFR pad 24, subpart F. 9. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is waled, in particular, to the following definitions from these runes: "Controlled substance' means a controlled substance in Schedules I through V of the Controlled Substances Ad (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 demanding 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; . (i) all "indired charge" employees unless their impact or involvement re 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 an the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunt"i even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; on employees of subrecipients or subcontractors in covered workplaces).