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
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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.
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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
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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
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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).
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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).