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HomeMy WebLinkAbout1994-05-23 94-230 RESOLVE_ COUNCIL ACPION Date: May 23. 1994 Item No. 94-230 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 A of this Council Resolve. Associated "Information: _ OIN Finance Director Legal Approval: City Solicit Passage First Reading Peg e of Referral ca -form Assigned to Council0v POpPax 94-230 MAY 23, 1994 _ CITY OF BANGOR . mTLEd �i¢solue,.__Assuring and Certifying the City's Compliance _......____...._.._........_.._...._...... .........._.._....._......_.._....._._ wvth_Ce t Requirements for,,, Community Development Funds By =he CUy Coandiio(0w City ofBam me "SOLVED. WHEREAS, the City of Bangor wishes to make a Final Statement of Community Development Objectives and Projected Use of Funds and receive 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 .1974 and ¢570.303 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 assures and certifies that it will comply with the assurancesfor the Community Development Block Grant Program attached hereto as "Attachment All and consisting of ten (le) numbered pages. IN CITY COUNCIL May 23, 1994 s Passed 94-230 mcg R E S 0 LY E cx c1RPx Aea and Certtfv tha'• Compliance with'Certain Requirements for Community Development Funds. 94-2301 AIIACAI M rf A COMMUNITY OMWPMENT BOOCR GRANT CHARTER CERTIFICATIONS In accordance with the Housing and Community Development Act of 1974# as amended, and with 24 CM 570.303 of the Comity Development Block Grant regulations, the grantee certifies that: (a) It Possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or Passed as an official act a resolution, motion or similar action authorizing the person identifiedas the official representative of the grantee to submit the final statement and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the parson identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required; (c) Prior to submission of its final statement to SIN, the grantee has: 1. .Net the citizen Participation requirements of 5570.301(b); 2. Prepared its final statement of community development objectives and projected use of funds in accordance with 5570.301(c) and made the final statement available to the public; (d) It is following a detailed citizen participation plan which: 1. Provides for and encourages citizen participation, with Particular emphasis on participation by persons of low and moderate income who are residents of alum and blighted areas and of areae in which foods are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction( '.2. Provides citizens with reasonable and timely attest to local meetings', information, and records relating to the grantee's proposed use of funds, asrequired by the 9/92 regulation@ o1 the Secretary, and relating to the actual use of funds under the Act; 3. Provides for technical assistance to groups representative of persona of low and moderate income that request such assistance in developing proposals - with the level and type of assistance to be determined. by the grantee; 4. Provides for public hearings to obtain citizen vie" and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which . hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; 5. Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and 6. Identifies how theneeds of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate; - (e) The grant will be conducted and administered in compliance with; 1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. 52000d at sec.); and 2. The Fair Housing Act (42 U.S.C. 3601-20); (f) It will affirmatively further fairhousing; (g) It has developed its final statement of projected use of funds 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 final statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development nestle having a particular urgency because existing conditions pose A actions and immediate threat to the health or welfare of the community, 9/92 and other financial resources are not available); except that the aggregate use of CDBG funds received under section 106 of the Mt. and if applicable, under section 108 of the ACt, during program years) 1994 - 1996 (aeriod specified by the grantee consisting of one, two, or three specific consecutive program yeare), shall principally benefit persona of low and moderate income in a manner that ensures that hot lase than 70 percent of such funds are used for activities that benefit such persons during such period; (h) It has developed A community development plan, for the period specified in paragraph (q) above, that identifies community development and housing needs and specifies both short and long-term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; (1) It is following a current comprehensive housing_ affordability strategy (CRAB) which has been approved by BOD pursuant to 5570.306 and Part 91, and that any housing activities to be assisted with CDBG funds will be consistent with the CRAB; (j) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under section 106 0£ the Act or with amounts resulting from a guarantee sudor section 108 of the Act by assessing any Amount against properties owned and Occupied by persona of low and moderate income, including any fee charged or assessment made as a condition of obtaining "Case to such public improvements, unless: 1. Funds received under section 106 of the Act are used to Pay the proportion of such fee or assessment that relates to the capital costa of such public improvements that are financed from revenue sources other than under Title I of the Act; or 2. Por purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1) above; 9/92 (k) Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 5570.608) (l) It will requirements lowith the mu Of the UniforRelocatioisition onrelocation Assistance Real Property Acquisition Policies Act of 1970, as emended, as required under S570.606(b) and Federal implementing regulations( and the requirements in 5570.606(c) governing the residential antidisplacement and relocation asaistance plan under section 104(d) of the Rut (including a certification that the grantee. is following such a plan){ and the relocation requirements of 5570.606(d) governing optional relocation assistance under section 105(a)(11) of the Act; (m) 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 von -violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to orexit from a facility or location which is the subject of such non- violentcivil rights demonstrations within its jurisdiction) (a) To the beet of its knowledge and beliefs 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, en 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 loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loam, or cooperative agreement;. 2. If Any funds other than Federal appropriated funds be" been paid or will be paid to any person for influencing or attempting to influence an officer or employee of , 9/92 any agency, a Member of Congresa, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith this Federal contract, grant, loan, or cooperative agreemento. it will complete and submit Standard Form -LLL, •pieclosure Farm 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 subawarde at all .tiers (including subcontracts, subgrante, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; (o) It will or will continue to provide a drug-free workplace by: 1. publishing a statement notifying -employees that the unlawful mmufacture, distribution, dispensingq, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying 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 adrug-free workplace; (c) My available drug counseling, rehabilitation} and employee assistance programa; 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 It 9/92 4. Notifying the employee inthe 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 srorkplace no later than five calendar days after such conviction; S. 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 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 notices. Notice shall include the identification number(s) 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 Not 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; 7. Making a good faith effort to continue to maintain a drug -£res workplace through implementation of paragraphs 1. 2, 3, 41 5 ander. 9192 0 8. The grantee may insert in the space provided below the site(a) for the performance of work done in connection with the specific grants Place of Perforzanci (Street address, city, county, state, zip code) Cityy Public orks B1 g., Illrnoas , Bangor, Veno cot, ME 04401 Vehicle Maint. Gera a I1linoiseAve Ban o Penobscot ME 04401 Bangor Len nn, Froni Street, Bangor, Penobscot, 040 Check _ if there are workplaces on file that are not identified here; and (p) It will comply with the other provisions of the Act and with other, applicable lave. May 27, 1994 nre Vete City Manager Title 9/92 APPENDIX TO CDHG CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WONNpLACE REQUIREMENTS: A. Lobbying Certification , paragraph 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 prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. -Any person who fail, to file the required certification shall be subject to a civil Penalty of not lase than $10,000 and not more than -$100,000 for each such failure. H. DrUc-yrez Workplace Certification Paragraph 1. BY Signing and/or submitting this application or grant agreement, the grantee is providing . the certification set out in paragraph (o). 2. The certification Bet out in paragraph (o) is a material representation of fact upon which reliance is placed when the agency award, the grant. If it is later determined that the grantee knowinglyrendered a false certification, or Otherwise violates the requirement, of the Orug- Pree Workplace But, Hun, in addition to any other remedies available to the Federal Goverou ent, may take action authorized under the Drug -Free Workplace But. 3. For grantees other than individuals, Alternate I applies. (This is the information to which entitlement grantees certifyl. 4. For grantees who are individuals, Alternate II applies. (Not applicable to CDBG Entitlement grantees.) 5. Workplaces under grants, for grantees other than individuals, need not be identified no the certification. If known, they may be identified in the grant application. If the 9/92 grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee most keep the identity of the workplace(") 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 parte of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles at a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert belle or radio stations). y. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph five). S. Definitions of terse in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplacecommon rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: '"Controlled substv:ce" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 D.S.C.8121 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 both, by any judicial body charged with the responsibility to determine violations Of the Federal or State criminal drug statutes; 9/92 "Criminal drug statute" means a Federalor ' non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "2mnloyaa" means the'enployse 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 at 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 act on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.o., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on .the grantee's payroll; oremplm.ses of subrecipients or subcontractors in covered ...workplaces). 9/92 10