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HomeMy WebLinkAbout1992-05-11 92-251 RESOLVEUUFIW 4May 4, 1992 Date Item No. 92-251 Assuring and Certifying the City's Compliance with Rem/Subject Certain Requirements for Commonalty Development Funds Responsible Department: Community b 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. pnr nl lima Manager's Commands: CilY MmuBer Associated Information: / Budget Approval: - Fimueel;rcnm Legal Approval caysw:dm. Introduced For MRssage 0First Reading pogo 1 of 10 ❑ Referral CITY OF BANGOR 92-231 Assigned to Councilor Sawyer Mey 11.1992 (TITIEJ U900j[IB, Assuring and Certifying the City's Compliance .we ._ _.............. ................... .......... ....... ..... _ ............ with Certain Requirements for Community Development Funds By Ne City CouacH of City ofBaspor RESOLVED, wNBREAS, 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 a of the Housing and Community Development Act of 1974; and WHEREAS, Section 104 of the Housing and Community Development Act of 1974 and 8570.303 of Title 24 of the Code of Federal Regulations required .that certain certifications and assurances be given by the City of Bangor; HOW, =BEFORE, 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 eight (8) numbered pages. In City Council May 11,1992. Passed atmpP f C y Clerl 92-251 HE50LVE Assuring and Certifying the City's compliance with certain requirements for Community Development Funds 92-251 ATTACHMENT A COMMITY DEVEWPMENT SWCH GRANT GRANTEE CERTIPICATIONS In accordance with the Housing and Community Development Act of 1974, as amended, and with 24 CFR 5570.303 of the Community Development Block Grant regulations, the grantee certifies that, (a) It possesses legal authority to make grant submission and to execute a community development and houeing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as 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 person identified as the official repre- sentative 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 HDD, the grantee has, 1. Met 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 areas in which funds 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 access to local meetings, information, and records relating to the grantee's proposed asof funds, a required by the regulations of the Secretary, and relating to the actual use of funds under the Act) 12/91 92-251 3. Provides for technical assistance to groups representative of persons 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 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 times and locations convenient to potential or actual beneficiaries, and with accommodation fax the handicapped; S. 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; (s) 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 and 2. The Fair Housing Act (42 U.S.C. 3601-20); (f) It will affirmatively further fair housing; (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 at aid in the prevention or eliminationof 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 needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); except that the aggregate of CHP.G funds received under section 106 of the Act, and if applicable, under section 108 of the Act, during the 1991-1993 program year(s) (a period specified by the grantee consisting of one, two, or three consecutive years), shall principally benefit persons of low and moderate income in a manner that ensures that not less than 70 percent of such funds are used for activities that benefit such persona during such period; 12/91 92-251 (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 HOD pursuant to 5570.306 and Part 91, and that any housing activities to be assisted with COHG funds will be consistent with the CHAS; (j) It will not attempt to recover any capital costs of public improvements assisted in whole or inpart 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 owned and occupied by persons of low and moderate income, including any fee charged or assessment made as condition of 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 costa 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 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; (k) Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 5570.608; (1) it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Heal Property Acquisition Policies Act of 1970, as amended, as required under 5570.606(b) and Federal implementing regulations; and it is following a residential antidisplacement and relocation assistance plan under section 104(d) of the Act and in 5570.606(c); and it will comply with the relocation requirements of 5570.606(d) governing optional relocation assistance under section 105(x)(11) of the Act; and (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 sights demonstrations; and 12/91 92-251 2. h 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 non-violent civil rights demonstrations within its jurisdiction; (n) To the best of its knowledge and belief, 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, an officer or employee of Congress, or an employee of a Member of Congress i 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, xw ewal, 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 o 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 contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, 'Disclosure Form 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, loaned and cooperative agree- ments) 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 manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's work- place rantee swork- place 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 a drug-free workplace; 12/91 92-251 (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 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 state- ment required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant,theemployee will - (a) Abide by the Lerma 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 workplace no later than five calendar days after such conviction; 5. Notifying the agency inwriting, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Rmployers ofconvicted 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 centralpoint for the receipt of such notices. Notices 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 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, o 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. 2/91 92-251 B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, sip cede) City Hall. 73 Harlow Street, Bangor, Penobscot, Maine 04401 Public Works Building, Illinois Ave.. Bangor, Penobscot, Maine 04401 ValUcle t. Gare a Illinois Ave. Nanaor. Penobscot,Maine 04401 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 laws. Signature Date 12/91 APPENDIX TO CDBG CERTIFICATION 92-251 INSTRUCTIONS CONCERNING L[B1BYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbving Certification - Paraaraoh n 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 a pre- requisite 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 $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certification - Paragraph o 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 set out in paragraph (p) is a material representation of fact upon Which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies.. available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. For grantees other than individuals., Alternate I applies. (This IN the information to which entitlement grantees certify.) 4. For grantees who are individuals, Alternate II applies. (Not applicable to CUBE Entitlement grantees.) 5. Workplace under grants, for grantees other than individuals, need not be identified on the certification. If known, they must be identified In the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identify 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. 92-251 6. Workplace identifications met 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 mase transit authority or State highway department while in operation, State employees in each local unemployment office, perfarmers in concert halls or radio stations). 7. 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 Workplace in question (see paragraph five). 8. Definitions of terms in the Nonprocurement Suspension and Debarment comOn rule and Drug -Free Workplace comawn 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 Act (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 contendre) 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; "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of Work under a grant, including: (f) 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 the grant and who are not on the grantee's payroll. This definition does not include Workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or Independent contractors not on the grantee's payroll; or employees of svbrecipients or subcontractors in covered workplaces).