HomeMy WebLinkAbout1989-05-22 89-218 RESOLVEDate way 15. 1989 Item No. 99.118
: Assuring and Certifying City's Compliance with Certain
Requirements for Community Development Funds
Department: Community and economic Development
This Resolve assures and certifies that the City will comply with
the attached Community Development Block Grant Grantee Certifications.
These certifications of compliance with applicable federal laws
and regulations are required by HUD for all CDBG grant recipients.
Department Head
Comments: ala moo.
Information:
Finance Director
Approval:
I City Solicitor
Int duced For:
Passage
First Reading
Referral Page_of_
89-218
Assigned to Councilor Soenaud, May 22, 1989
CITY OF BANGOR
(TITLE.)¢SQ�St¢i. A iBa...ce tlrylo& ane city e c�uayee itn
C GSS AeQuSaements Por Co®Vnit�V DeVelalmept Funds
By Gu City Commog 00w City of Esther.
RR30LVRD, WHEREAS, 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 I of the Housing 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;
NOW, THEREFORE, 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 ass for the Community
Development Block Grant Program attached hereto as 'Exhibit As and
consisting of six (6) numbered pages.
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89-218
ATTACHMENT A
COMMUNITY DEVELOPMENT BLOCK GRANT
GRANTEE CERTIFICATIONS
In accordance with the Housing and Community Development Act of 1974, as
amended, and with 24 CFH 870.303 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 progran;
(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 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 ti t izen particlpat i on requi repents of §570.301(b);
2. Prepared its final statement of community development objectives
and projected use of funds in accordance with §570.301(c) and made
the final statement available to the public;
(d) It is following a detailed citizen participation plan which:
1. Provides for and encourage$ 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
Ponds are proposed to be used, and provides for participation of
residents in law 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 fonds, as required by the regulations of the
Secretary, and relating to the actual use of funds under the Act;
12/88
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
per Pormance, which hearings shall be held 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 applicable; and
6. identifies haw 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 III his Act of 1964 (Public Law 88-352;
42 U.S.C. §2000d at Sao.?;: and
2. Title Vill of the Civil Rights Act of 1968 (Public Law 90-284;
42 U.S.C. §3601 at sea.);
(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
healtb-or welfare of the community, and other financial resources are
not available); except that the aggregate use of CDBG funds received
under section 106 of the Act, and if applicable, under section 108 of
the Act, during the 1988 - 199o- program year(s)(a period specified
by the grantee conte ng o ii"P;twpr;ar three consecutive years),
shall principally benefit persons of law 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;
12/88 2
(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 housing assistance plan which has been
approved by MD;
(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 mined 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 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 §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
antidisplacemint 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 §570.606(c) governing
displacement subject to section 104(k) of the Act; and the relocation
requirements of §570.606(4) governing optional relocation assistance
under section 105(a)(11) of the Act; and
(m) It will comply with the other provisions of the Act and with other
'applicable laws.
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I am
URTIFIU71ON REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
The certification set out below is a material representation upon
which reliance is placed by the U.S. Department of Housing and Urban
Development in awarding 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, the V.S.
Department of Housing and Urban Development, in addition im any other
remedies available to the Federal Government, may take action
authorized under the Drug -Free Workplace Act.
CERTIFICATION
A. The grantee certifies that it x111 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 Us grantee's workplace
and specifying the actions that will be taken against employees
for violation of such prohibition;
Ib) Establishing a drug-free awareness program to inform employees
about -
(1) The dangers of drug abuse In the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be Imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
Performance of the grant be given a copy of Us statement
required by paragraph (a);
(4) Notifying the employee in the statement required by paragraph
(a) that, as a condition of employment under Us grant, the
employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction
for a violation occurring in the workplace no later than
five days after such conviction;
(e) Notifying the V.S. Department of Housing and Urban Development
within can days after receiving notice under subparagraph (d)(2)
from an employee or otherwise receiving actual notice of such
conviction;
(f) Taking one of the following actions, within 30 days of receiving
notice under subparagraph (d)(2), with respect p any employee
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 goad faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c),
(d), (e) and (f).
B. The grantee shall insert in the space provided on the attached 'Place
of Performance' form the sitels) for the performance of work to be
carried out with the grant funds (including street address, city,
county, state, zip code and total estimated number of employees).
The grantee further certifies that, if it is subsequently determined
that additional sites will be used for the performance of work
under the grant, it shall notify the U.S. Department of Housing and
Urban Development immediately upon the decision to use such
additional sips by submitting a revised "Place of Performance'
form.
E%NIBIT A
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE NORNPLACE REQUIREMENTS
Name of Grantee: CITY OF H R
Grant Program Name: 00M9RV DMOPMENNT BWCR GRAMf-ENTITIBMEN'f
Grant Number: B-89-23-0004
Data: xav 24. 1a8a
The grantee shall insert in the space provided below the sites)
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):
_73_Haziov Street, Bangor,. Penobscot, Maine, 04401
Illinois Ave Ba=or, Penobscot Maine 04401
Vehicle Mvintenance Garage, Illinois Ave„ Ba0goz, Penobscot Mine 04401
Total estimated number of employees expected to be engaged in the
performance of the grant at the sites) noted above: 200
V