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HomeMy WebLinkAbout1995-05-08 95-201 RESOLVECOUNCIL ACTION Date: May 8 1995 Item No. 95-201 Item/Subject Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds Responsible Department Community and Economic Development Community Development regulations require that the City certify it will comply with the laws and regulations of the Community Development Block Grant Program contained in "Attachment All of this Council Resolve. f L D �sfrtmart gad Nanager's Comments: I/w O� _ I - 1 Finance Director Legal Approval: city So ici Introduced For passage First Reading Page Of Referral ca -form City Manager Associated Information: n; Finance Director Legal Approval: city So ici Introduced For passage First Reading Page Of Referral ca -form Assigned to Councilor Uldacci May 8, 1995 95-201 CITY OF BANGOR (TITLE.) gpoo[Vpr Assuring and Certifying, the City's Compl ante ...................with Certain.. Requirements.. for. Community_ nevelopment2unds._ By Ne City Council of Ne City ofBaapor. EEBOLFED, WHEREAS, the City of Bangor wishes to submit a Consolidated Housing and Community Development Plan for Community Development Block Grant Entitlement funds under Title I of the Housing and Community Development Act of 1974; and WHEREAS, Section 104 of the Housing and Community Development Act of 1994 and 3570.3D3 of Title 24 of the Code of Federal Regulations required that certain certifications and assurances 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 asand certifies that it will comply with the assurances for the Consolidated Plan Certifications attached hereto as "Attachment All and consisting of seven (7) numbered pages. IN CITY COUNCIL 95-201 May e, 1995 EES0L V E passe Assuring and Certifviue the City's Compliance CITY C B1L with Certian Requirements for Community Developmemnnt hund�s. T q/yFgti1.."� I ATTACHRENT A CERTIFICATIONS 95-201 In accordance with the applicable statutes and the regulations goveming the consolidated plan regulations, the jurisdiction certifies Mat: Affirmatively Further Fair Housing -- The jurisdiction will alternatively further hir 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 rei re0ecting that analysis and actions in this regard. And4isplacemenl 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 amens and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anlidisplacement and relocation assistance plan required under section 1(4(4) of the Housing and Community Development Act of 1974, as amended, in connection with any activity Assured 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 prohibited in Me grantee's workplace and specifying Me 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 drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in Me workplace; 3. Making it a requirement that each employee to be engaged in Me performance of the grant that given a copy of the statement required by paragraph 1; 4. Notifying Me employee in the statement required by paragraph 1 that, as a condition of employment under Me 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 worliplace no later Man 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 -I- 95-201 gfle, to every grant officer or other designs on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification numbers) of each affected gran; 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 of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabiluation program approved for such purposes by a Federal, State, or twat health, law enforcement, or ether 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. Antl4.obbying — To the best of the junis iction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or an behalf of d, to any person for influencing or attempting to influence an officer or empbyee of any agency, a Member of Congress, an officer or employee of 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 ban, 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 contras[ grant, loan, or cooperative agreement, It will complete and submit Standard Foran -LLL, 'Disclosure Foran to Report Lobbying;' in accordance with its instructions; and 3. It will require that the language of paragraph (n) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, 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 cant' 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 COED, HOME, ESG, and HOMA funds are consistent with the strategic plan. .2- 95-201 Session 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Pad 135. SignatunsAUlhodzed Official Dale City Manager Title -3- 95-201 Specific CDBG Certifications The Entitlement Commonly certifies that: Citizen Participation - It is in full compliance and following a counted 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 beth short-term and long- term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See GFR 24 570.2 and CFR 24 part 570) Following a Plan - It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) Mat has been approved by HUD. Use of Funds - It has complied wrim Me following criteria: 1. Maximum Feasible Priority. Wth respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activdies which berrefit 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 Me health or welfare 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 yeas), 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; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 lean guaranteed funds by assessing any amount against properties awned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capdal coats 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 m the public improvements financed by a source other Man CDBG funtls. The jurisdiction will not attempt to recover any capital costs of public improvements masted with CDBG funds, including Section 108, unless CDBG funds are used to pay -4 95-201 the proportion of fee or assessment attributable to Me 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 CDIMI funds. Also, in Me case of properties owned and occupied by moderateincome (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other Man CDBG funds if Me jurisdiction certifies that it lacks CDBG funds to cover the 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 Ionil laws against physically baring entrance to or exit form a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws — The grant will be conducted and administemtl in conformity with title VI of the Civil Rights Ad of 1964 (42 USC 2000d), the Fair Housing Ad (42 USC 3601J619), and implementing regulations. Lead -Basad Paint — Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply *in the requirements of 24 CFR §570.608; Compliance with Laws -- It will comply with applicable laws. Date City Manager Title -5- 95-201 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certfcaton This certification is a material representation of fad upon which reliance was placed when this transaction was made or entered into. Submission of this ratification 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 the required certification shall be subject to a civil penalty of not less than 510,000 and not more than $100,000 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 cetificetion. 2. The certification is a material representation of fad upon which reliance is placed when the agency awards the grant. If lt is later determined that the grantee knowingly rendered a false certificetion, or otherwise violates the requirements of the Drug -Free Workplace Ad, HUD, in addition to any other remedies available to the Federal Government, may take action amMorized under the Drug -Free Workplace Act. 3. For grantees other than individuals, Alternate I applies. (This is the information to which jurisdictions certify). - 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) 5. Workplaces under grand, for grantees other than individuals, need not be damned on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon awam, g there is no application, the grantee must keep the Wargly 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. & Workplace identifications must include the actual address of buildings (or parts of buildings) or other share 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). 1. If the workplace identified to Me agency changes during the performance of the grant, the grantee shall irdorm the agency tithe &angels), if it previously identified the workplaces in quedion (see paragraph Ne). -6- 95-201 8. The grantee may insert in the space provided below the sites) for the performance of work done in connection with the specific grand: Place of Performance (Street address, city, county, state, zip wde) Ciihy H,31 73 HArlow Streot, Bangor. a Pen c t ME 04401 Public Works Bldg., Illinois Ave.. Bangor, Penobscot, ME 04401 Vehicle Maint. Garage, Illinois Ave., Bangor Penobscot ME 04401 Check lt there are workplaces on file that are not identified here; The certification with regard to the drug -flee workplace required by 24 CFR part 24, subpart F. 9. Defnixons of tame in the Nonprowrement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from Mase Nies; "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances AG (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 contendere) or imposition of sentence, or born, by any judicial body charged with Me responsibility to determine violations of the Federal or State aiminal drug _ statutes; "Criminal drug statute" means a Federal or non -Federal criminal statute involving One manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee d a grantee diredly 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 One grant and who are on the grantee's payroll. This definition tices not include workers not on the payroll of the grantee (e.g., volunteers, even g used to set a matching requirement; consultants or independent contradom not on the grantee's payroll; or employees of subrecipients or subcontredom in covered workplaces).