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