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HomeMy WebLinkAbout1993-05-24 93-269 RESOLVEIntroduced For f-dMf's\ .Passage L First Reading page_ of ❑Referral Mata Mer 242 1993 Item No. 93-269 Item/Subject: Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds Responsible Department: Community 6 Economic Development Commentary: 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 the Council Resolve. Da Mwe Hev6 Marogei s Comments: G r;, .� Associated Information: �/e41Ir Budget Approval: Fumee Dart Legal Approval: Cary Soles,r Introduced For f-dMf's\ .Passage L First Reading page_ of ❑Referral Assigned to Councilor Shubert SC 9}269 _ CITY OF BANGOR May 24' 1993 (TITLE) ¢SUIUPr. Assuring; andilxe ry R&.,ue.Cit yIsCompligncevith_..._._._._ Certain.Re.jitiremsents £or,Cp ty Developoe t Funds By dw LYdF!avimit ofNe Citg ojBonFor RESOLVED. WHEREAS, the City of Bangor wishes to make a Final Statement of Community Development Objectives and Projected Use of Funds and receive Conmunity Development Block Grant Entitlement funds under Title I of the Housing and Community Development Act of 1974; and WHHREAB, Section 104 of the Housing and Community Development Act of 1974 and 5570.303 of Title 24 of the Code of Federal Regulations required that certain certifications and assurances be given by the City of Bangor; ROW, THERHFORS, 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 assurances for the Community Development Block Grant Program attached hereto as "Attachment A• and consisting of ten (10) numbered pages. In City Council May 24.1993 Passed Cify Clerk 93-269 E E50LVE Assuring and Certifying the City's compliance with certain requirements for Community Development Funds 93-269 ATTACMMNI A .. COMMUNITY DMWPMNT BLOCK GBAMT GHAMTMH CMHTIFICATIOMS In accordance with the Mousing and Community Development Act of 1976 As emended, and with 26 CFR 570.303 of the Community Development Block Grant regulations, the grantee certifies thatt (a) It possesses legal authority to make a grant submission cod to execute a c®mitt' dwslopment and housing program( (b) SIto governing body has duly Adopted or passed as An official act a resolution, motion or similar. Action authorising the 'person identified as. the official representative of the grantee to submitthe final statement and Amendments thereto and Allunderstandingsand assurances contained therein, and directing end authorizing the person identified an 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; (m) .Prior to submission of its final Statement to HUD, the grantee has: - 1. .Met the citizen participation requirements of 55]0.301(6)( I .. 2. Prepared its final statement of community development Objectives and projected use of fund, 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 slum and blighted areae and of areas in which funds ere 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 re local meetings, aeoneble and timely access to the grantee -s Proposed us on, and records relating to, ed use of funds, se required by the 9/92 regulations of the Secretary, and relating to the actual use of. funds under the Amt; - 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 hearinga to obtain citizen views 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 time 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 the needs 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; (a) The grant will be conducted and administered in compliance with: 1. Title VI of the Civil Rights net of 1964 (Public Law 88-352, 42 O.S.C. £2000d at Sec.); and 2. The Fair Housing net (42 O.S.C. 3601-20), (f)'}t will affirmatively further fair housing; (9).; 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 my also include activities which the grantee certifies are designedtomeet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, 9/92 93-269 and other financial resources are not Available); except that the aggregate use of COW foods received under. section 106 of the Act, and if Applicable, under section 108 of the Act, during program year(s) 1991 - 1993 (a period specified by the grantee consisting o£ one, two, or three specific consecutive program years), shall principally , ,benefit persons of low and moderate income in a mamer that ensures that not less than 70 percent of such funds, era used .".for activities that benefit such persona during .such period; (h) It has developed a community development plan, for the ;;period .specified in paragraph (g). 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; (i), It is following a current comprehensive housing affordability strategy (CHAS) which has been approved by HOU ..pursuant to 5570.306 and Part 91, and that any housing activities to be Assisted with CDW funds will be .consistent with the CHAS; (j)',. Itwillnot attempt to recover any capital costs of public improvements aseiated in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owed And occupied by persons of low and moderate income, including Any feet charged or assessment made es A canditiov o£ obtaining access 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 coats of such public improvements that are financed from revenue sources other than under Title I of the Act; or .. 2. For purposes of assessing Any amount against properties owed and occupied by persona 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 93-369 (k) Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with ,.�11. 5570.608( (1). It will comply with the acquisition and relocation " requirements of the Uniform Relocation Assistance and Real _ property Acquisition Policies Rot of 1970, .as amended, as required under 5570.606(b) and Federal implementing regulations( and the requirements in 5570.606(c) governing the residential ant£displaceeeat and relocation assistance ,.plan under section 106(d) of the Act (including a certification that the grantee is following such a plan); and the relocation requirements of S570.606(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 non-violent civil rights demonstrations; and 2.. A policy of enforcing applicable State and local laws Against physically barring entrance to or exit from a' facility or location which is the subject of such con - violent civil rights demonstrations within its Jurisdiction; (a) To the beat of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be laid, by or on behalf of it, to any person for nfluencing at 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 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 exteasioc, 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 9/92 93-269 any agency, a Member of Congreas, an officer or employee of Congress, or an employee of,a Member of. '(Congteea in connectionwith this Federal -contract; - grant, loan; or cooperative agreement,. it will complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying,- in accord=ce with its instructions; and . _ 3.. It will require that the language o4 paragraph (n) of this certification be included in the award documents -forcall subawards at all tiers (including subcontracts, subgrants, and contracts under' grants, " loans, sad cooperative agreements) and that all subrecipients 'shall certify and disclose accordingly; (o) It will or will continue to provide drug-free workplace by:.. publishing a statement notifying' employees that the i =lawful manufacture, distribution, dispensing, Possession, or use of a controlled subst=me is prohibited in the grantee's warkplace and specifying the actions that will he taken against y g violation of such prohibition; g employees for 2 : Establishing an =going drug-free awareness program to inform employees about - -.(a) The dangers of drug abuse in the workplace; M The grantee's policy of maintaining a drug-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 1; 9/93 41 Notifying the employee in the statement requised,by paragrapt; 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 acriminal drug statute occurring in the workplace no later than five calender 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 numbar(s).of each affected grant; 6. Taking one of the following actions, within 30 calendar days.of receiving =time under au3hparagrapn-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 Act 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; making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. 9/92 93-269 93-269 P. The great" any icm rt :- . Sn'th' site (a) far the Performance 0eep"apoidod bs3w the with'the-specificgr"tf ee -Place of Performance;(Ptr"t "d"ser city aeupty� atatej riP cede) Cit Hell 'i3'Beel Street He" ox Pe¢otscot Maine 04491 '. 1)ob110 Works Bui di3 .ori ve. -He VehicleMaivtevance: a no g. o 0 8evcor ¢ i�L. root- tree angor ae¢one See ne 044oi Cheok if there" w akpl"ee, " file that are cot id"Sed .here; sad - (P) It rill eemply with the other otherePPlioeble 1"e. proviala" of .the Act and with s Signator} MeV 25: 1993 Date... CItY Nevvger Title 7 9/92 93-269 d APPENDIX TO CUBG CERTIFICATIONS - ' "INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FReE.WORNeLACE REGUIREKENTSt A. Lgbbyina Certiflobticnh This certification Se, a material representation7.of fact Upon -which reliance was placed when this tradaaction weep made or entered into. Submission of this,,. .y 7i�=certifibatiop. is a prerequisite fer,making or4entering into this transaction imposed by section 1352,. -title -..._ 31, U.S. Code: Any peread who fails to file the required certSEicatica shall be subject to a civil penalty of not less than $10,000. and not more than - -$100,000 for each such failure. B: Druc-Pree Workniace .,r 1. By signing and/or submitting this application -- or grant agreement, the grantee in providing.. the certification set out in paragraph (o). 2. The certification set out in paragraph (o) is a material representation of fact upon which reliance is placed when the agency awards the --- - grant. If it is later determined that the grant" - knowingly rendered a false certification, or otherwise violates the requirements of theirDing-___ _- Free workplace -Act, SIT, in addition to any other .. remedies available to the Federal Goverment, say take action authorized under the Drug -Pres Workplace Act. 3. For grantees other than individuals, Alternate I applies. (This is the information to which entitlement grantees certify. 4. For grantees who are individuals, Alternate II applies. (Not applicable to CDBG Entitlement grantees.) 5. Workplaces Under greats, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the 9/92 S grantee does not identify the workplaces at the time of application, or upon award, if there is no, application, the grantee meet keep the identity of the workplaces) on file in its office and make the inforuation vailable for Federal inspection. Failure to identify all known workplaces constitutes n _violation of the grantee's drug-free :. workplace requirements.. 6.,. .workplace identifications must include the . ...actual address of buildings.(or parte of buildings) or other sites where Work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles Of a =a$ transit authority or State highway department while in operation, State - employees. in each local unemployment office, . ..:: performers in concert halls or radio - -. stations)., ]. 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). 8. Definitions of terms in the Nonprocurement Suspension and Debarment common rule ac,f Drug -Free Workplace uo®on rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: 'Controlled substance' means a controlled substance in Schedules I through V of the Controlled Substances Amt (21 U.S.C.812) and as further defined by regulation (21 CM 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; 93-369 9/92 93-269 Ir L ."Criminal drug asatutstatats invvIvLi3q he pou-Padaral orimiml statute ipvolvicq' "a, mnulnaturs. dlsieibutien, died mutati me, [., er-poawoien-af anYeentrullad suWtebey comultants who are directly engaged inthe petforsanue of work coder the great Land Who are not an the grantee's myrdll. This - definition does not include workers not an the payroll of the grautee.(a.g:'f'-volmteerss even if used to mat a Matching requirement; consultants or independent contractors not on the grantee's payroll; or employees; of .-subrecipients or subcontrachers in covered (9/92 10