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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. - I dWnmra Mareal Comments:, cuy,xawa.. Amocrue! Informati;n:- _ i Bodgm AFprawal:N9- amoaeF Deno. Legal Approval:. GrySWideo. Introduced For Oe ❑irstFine _ Reading - Pege_ol_ ❑Referral - I 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; 11/90 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; 11/90 (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 11190 (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; 11190 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. 11/90 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. 11/90 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. 11190 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). 11/90