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HomeMy WebLinkAbout1990-05-30 90-200 RESOLVEDate: 05/18/90_ -Item NO. 90-300 Item Snbject: Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds Responsible Department: Community and Economic Development Comunity Development Division 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 Order. Department Read manager's Commits: (Iu;,, .-�'A�,J y74 •••auua.0 p ,, / / City Manager Associated Information: @heN / Budget Approval: tJ-fc' Finance Director Legal Approval: City Solicitor Introduced For: % Passage _ _First Reading Page 1 of 1 Referral -200 Assigned to Councilor Sullivav May 30, 1990 u' CITY OF BANGOR (TITLE.) B9pI�1Br A ng avd.0 Eirymg, the City's Compliance with Certain Requirements for Community Developnent Funds By Bw City Cnan*U 0the Cloy ofBanpar. RESOLVED. WHEREASthe City of Bangor wishes to make a final Statement of Community Development Objectives and Projected Use of Fonds and receive Community Development Block Grant Entitlement funds under Title 1 of the Dousing and Community Development Act of 1974; and WHEREAS, Section 104 of the Housing and Community Development. Act of 1974 and Section 570.303 of the Title 24 of the Code of Federal Regulations required that certain certifications and assurances be given by the City of Bangor; WOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bangor that the City of Bangor hereby assures end certifies that it will comply with the assurances for the Community Development Black Grant Program attached hereto as 'Attachment A' and consisting of eight (8) numbered pages. 9D-3DU RESOLVE IN CITY COUNCIL May 30, 1990 Pas d Assuring and Certifying the City's Compliance with Certain Requirements for CITY CLERK �' Comity Development Funds ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE CERTIFICATIONS In accordance with the Housing and Community Development Act of 1974, as amended, and with 24 LFR 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 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 representative ofthe 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(b); 2. Prepared its final statement of community development objectives and projected use of funds 1n accordance with §50.301(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 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 use of funds, as required by the regulations of the Secretary. and relating to the actual use of funds under the Act; go 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 hearingsto obtain citizen views and to respondto 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 beheld" after adequate notice,at times and locations Convenient to potential or actual beneficiaries, and with accommodation for 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; - (e) The grant will be conducted and administered in compliance with: 1. Title V1 of the Civil Rights Act of 1964 (Public law 88-352, 42 U.S.C. 42000d et seg.); 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 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 available); except that the aggregate use of COBG funds received under. section 106 of the Act, and if applicable,under. section 108 of the Act, during the 1988-1990 program year(s)(a period specified by the grantee consist n' f g or one, two, or three consecutive years), shall principally benefit persons of loo and moderate income in a manner that ensures that not less than 60 percent of such funds are used for activities- that benefit such, - persons during such period; 2 9/89 (h) It has developed a community development plan, for the period specified in paragraph (g) above, that identifies community development and housing needsand specifies bothshortand long -tern... community devel opment- object i ves that been .developedin accordance with the primary objectiveand requirements of the Act; (i). It is following a currenthousing-assistance plan which has been - approved by RUO; (j) It will not attempt to recover any capital costs of public Improvements assisted 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 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 costs of such public improvements that are financed from revenue sources other than. under Title'1 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 §570.608; (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 §570.606(a) and Federal implementing regulations; the requirements in §570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Act (including a certification that the grantee is following such a plan); the..relocation requirementsorf.. §570.606(c) governing displacement subject to section 104(k) of the Act; and the relocation requirements of §570.606(d). governing optional relocation assistance under section 105(a)(11) of the Act; and - (m) It wiji,obmpiy with the other provisions of the Act and with other appiic�5ble laws. 9/89 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS The certification set out below is a material representation upon which reliance isplaced by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that Us grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free workplace Act. the U.S. Department of Housing and Urban Development, in addition te any other remedies available to the. Federalgovernment, may take action• authorized under the Drug -Free workplace Act. CERTIFICATION A. The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee's polity of maintaining a drug-free workplace; (3) Any available drug counseling, rahabili cation, and employee assistance programs; and (4) The penalties that my be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to to engaged in the - Performance of the grant be given a copy of the statement required by paragraph (a); - (d) Notifying the employee in the statement required by Paragraph (a) that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction far a violation occurring in the workplace na later than five days after such conviction; 5/89 (a) Notifying the V.S. Department of Housing and Urban Development within tem days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual' noticeof such conviction; (f) Taking one of the followingy actions, within 30 days of receiving notice under subparagraph.ld)(2), with respect to any empioyee - who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) 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; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (a) and (f). B. The grantee shall insert in the space provided on the attached "Place of Performance" form the for the performance of work to be carried out with grant funds (including street address, city, county, state, and zip code). The grantee further certifies that, if It is subsequently determined that additional sites will be used for the performance.of. workunder.the grant,it.shall notify -the U.S.. - - Department of Housing and Urban Development'. immediately' upon the decision to use such additional sites by submitting a revised "Place of Performance" form. PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING MUG-FREE WORKPLACE REQUIREMENTS Name of Grantee: CITY OF sA DR Grant Program Name: COMUffxxr D=10PMEMl BIDM GFANT - Hmxlmi.HmgNT Grant Number: B-90-W-23-0004 Data: may 312 1990 The grantee shall insert in the space provided below the sfte(s) expected to be used for the performance Of work under the grant covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): - City all, T3 Herlow Street, Bangor, Penobscot main 044ol Public Works. Building, Illinois Ave., Bangor, Penobscot, Maine o44o1 Vehicle Maintenance Garage, Illinois Ave., Bangor, Penobscot, Maine 04401 5/89 CERTIFICATION REGARDING POLICY PROHIBITING USE OF EXCESSIVE. FORCE In accordance with section 519 of Public Law I0I-144, (the 1990 HUD Appropriations Act), (insert the name of the grantee) certifies that: It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to thebestof his or her knowledge and belief; that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 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 rof 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, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying,n in accordance with its instructions." - - (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.