HomeMy WebLinkAbout1991-05-13 91-203 RESOLVEGate may 6 1991 Item Na. 9I-203
Assuring and Certifying the City's. Compliance with
Imm/Siibltec Certain Requirements for Community Development Funds
Respomible Department: Community & Economic Development Dept,
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. -
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91-203
Assigned to Councilor Sosnaud, May 13, 1991
rp CITY OF BANGOR
(TITLE) Qgp(j>p� heauring and Certifying the City's C 1. ompliance
with Certain Requirements for Community Development Runde
By Uw City CouncU otao City of Draw
RIfSOLV&D, WHEREAS, the City of Bangor wishes to make a Rinal
Statement of Community Development Objectives and projected Use of
Runde 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 5570.303 of the Title 24 of the Code of
Federal Regulations required that certain certifications and
assurances be given by the City of Bangor;
HOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL
OF THE CITY OR HAHGOR 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 "Attaclument A" and
consisting of eight (E) numbered pages.
91-203
A E S 0 L V E
In City Council May 13.+891
Pas Assuring arol Certifying the City's
r Cairyliance sits certain reqnt
uiremes
CityCity 01 S- for CanmmSLy OeveloXont Funds
91-203
ATTACHMENT A
COOWUNITY DEVELOPMENT EWCE GRANT
GRANTEE CERTIFICATION$
In accordance with the Rousing and Community Development But of 1974,
as amended, and with 24 CPR 570.303 of the Community 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
resolution, motion or similar action authorising 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 HUD, the grantee
has:
1. Met the citizen participation requirements of $570.301(6);
2. Prepared its final statement of community development
objectives and projected use of funds in accordance with
g570.301(c) and made the final statement available to the
public;
(d) It is following a detailed citizen participation plan which:
1. Provides for an encourages citizen participation, with
particular emphasis on participation by persons Of low and
moderate income who are residents of slum 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, as required by the regulations of the
Secretary, and relating to the actual use of foods under the
Act;
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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 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 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;
(e) The grant will be conducted and administered in compliance with;
1. Title of of the Civil Eights net of 1964 (Public Law 88-352,
42 D.S.C. 52000d at seg.); and
2. The Pair Housing Act (42 O.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 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 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 availabla);
except that the aggregate of CDEG. 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
peused for activities that benefit such persons during such
riod;
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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:
1. A current housing affordability strategy which has been
approved by HUD in accordance with section 105 of the
Cranston -Gonzalez National Affordable Housing act; or
2. A housing assistance plan which was approved by HUD during
the 180 day period beginning November 28, 1990; or during
such longer period as may be prescribed by the Secretary in
any case for good cause.
(j) it will not attempt to recover any capital costs of public
improvements assisted in whole or in part with fonds 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
a 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 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
caned 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 Real Property
Acquisition Policies Act of 1970 as required under 5570.606(a)
and Federal implementing regulations; the requirements i
$570.606(6) governing the residential anti -displacement and
relocation assistance plan under section 104(d) of the Act
(including a certification that the grantee is following such a
plan); the relocation requirements of 5570.606(c) governing
displacement subject to section 104(k) of the Act; and the
relocation requirements of 5570.606(d) governing optional
relocation assistance under section 105(a)(11) of the Act; and
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(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
nen-violent civil rights demonstrations within its
jurisdiction;
(n) 1b 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 ofany
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
extension, 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 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 tiara (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agree
' menta) 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 and specifying the actions that will be taken against
employees for violation of such prohibition;
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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;
(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, 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 workplace no later than five calendar days after
such conviction;
5. 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
designateda central point 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) making 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;
7. 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 apace 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,
zip code)
City Nall. 73 Harlow Street, Banaor. Penobscot, Maine 04401
Public Works Building, Illinois Ave., Banaor, Penobscot, Maine 04401
Vehicle Moist, Garage, Illinois Ave. Bangor. Penobscot, Maine 04401
(p) It will comply with the other provisions of the Act and with
other applicable laws.
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APPENDIX TO CDBG CERTIFICATION
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WONXPLACE
RBQUIRBNENTS,
A. Lobbvinm Certification - Paracraoh a
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.
,By Drum -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 (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 grantee knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Work-
place Act, NOD, in addition to any other remedies available
to the Federal Government, may take action authorized under
the Drug -Free Workplace Act.
3. For grantee 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. Workplace under grants, for grantees other than individuals,
need net be identified on the certification. If known, they
must be identified in the grant application. If the grantee
does not identify the workplace 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.
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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 mass transit authority o
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
workplace in question (see paragraph five).
8. Definitions of terms in the Nonprocurement Suspension and
Debarment common rule and Drug -Free workplace common 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 O.S.C. 812) and as further defined by regulation (21 CPR
1308.11 through 1388.15);
"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-Fuderal
criminal statute involving the manufacturer 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: (i)
All "direct charge" employees; (it) all "indirect charge -
employees unless their impact or involvement is
insignificant to the performance of the grant; and (iii)
temporary personnel and consultants sultas who are directly engaged
n the performance of work under the grant and who are not
on the grantee's payroll. This definition does not include -
'workers no 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 subrecipients or subcontractors in covered
workplaces).
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