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
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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,
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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;
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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
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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.
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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
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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