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)
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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;
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(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
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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;
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(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.
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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).