HomeMy WebLinkAbout1985-11-25 86-33 RESOLVE66-33
Introduced by Councilor Willey, November 35, 1985
CITY OF BANGOR
(TITLE.) �RMJVPy Assuringand_Sertkfying_ th. City's C pll ce _
with Certain Requirements for Urban Development Action Giant Funds
By the City CmunnU dW City ofBasyar.
MSCLV&D, WHEREAS, the City of Bangor wishes to make application
for and receive Urban Development Action Grant funds under Title I
of the Housing and Community Development Act of 1974; and
WHEREAS, Sections 104 and 119 of the Housing and Com-
munity Development Act of 1974, and Section 570.458 of Title 24 of
the Code of Federal Regulations require 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 a and
s
certifies that it will comply with the assurances for the Urban
Development Action Grant Program attached hereto as "Exhibit A" and
consisting of five (5) numbered pages.
In City Council November 25.1985
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N-33
-0 L V E
Assw ng and Certtfy,�th Citys 14ncc
with Certain geVirements for Urban newloF nt
Action Grant Funds
EXHIBIT A
ASSURANCES
The Applicant hereby assures and certifies that:
1. Prior to submission of Its application, it hes met the citizen
participation requirements of Section 570.454(a) and has made
the Impact analysis required by Section 570.454(6).
3. The private development would not occur unless the public fund-
ing on which the development is based becomes available, in the
option of the chief executive officer.
3. The action grant funds will not substitute for local public
funds which are available for the project described in the
action grant application..
4. It possoesses legal authority to apply for the grant and to
execute the proposed program.
5. Its governing body has duly adopted or passed as an official -
act, a resolution, motion or similar action authorizing the
filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the
person identified as the official representative of the
applicant to act in connection
ection with the application and to
provide such additional information as may be required.
6. its chief executive officer or other officer of the applicant
approved by HUD:
(a) Consents to assume the statue of a responsible Federal
official for environmental review, decision-making and
action pursuant to the National Environmental Policy Act
of 1969, and the other authorities listed in 34 CPR
58.1(a)(3) insofar as the provisions of such Act or other
authorities apply to this part;
(b) Is authorized and consents on behalf of the applicant and
himself/herself to accept the jurisdiction of the Federal
arts for the purpose of enforcement of hie/her respon-
sdb111t1es as such official.
EXHIBIT A
7. It will comply with the requirements for historic preservation
Identification and review set Earth in Section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. 470),
Executive Order 11593, and the Archeological and Historic
Preservation Act of 1974 (16 U.S.C. 469a, at seq.), regulations
of the Advisory Council on Historic Preservation at 36 CPR 001,
and any other regulations promulgated pursuant to Section 121
of the Housing and Community Development Act of 1974, as
amended.
8. It has identified all properties, if any, which are included on
the National Register of Historic Places and which as deter-
mined by the applicant, will be affected by the project; It has
identified all other properties, if any, which will be affected
by the project and which, as determined by the applicant, may
set the criteria established by the Secretary of Interior for
inclusion in the Register, together with the documentation
relating to the Inclusion of such properties on the Register;
and it has determined the effect as determined by the appli-
cant, of the project on the Identified properties.
it will comply with:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L.88-352),
and implementing regulations Issued at 24 CPR Part 1,
which provides that no person in the United States Shall
n the grounds of race, color, or national origin, be
excluded from participation In, be denied the benefits
of, or be otherwise subjected to discrimination under any
program or activity for which the applicant receives
Federal financial assistance and will immediately take
measures necessary to effectuate this assurance
(b)Title will of the Civil Rights Act of 1968 (Pub. L.90-
284), as amended, administering all programs and activi-
ties relating to housing and community development in a
4anr to affirmatively further fair bossing; and will
take action to affirmatively further fair housing.
(t) Section 109 of the Housing and Community Development Act
of 1974, as amended; and the regulations issued pursuant
thereto (24 CFR 570.601), which provide that no person In
the United Scares shall, on the grounds of race, color,
national origin, or sex, be excluded from participation
in, be denied the benefits of, or be subjected to die -
crimination under any program or activity funded In whole
or in part with funds provided under 24 CPR Part 570.
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EXHIBIT A
(d) Section 3 of the Housing and Urban Development Act of
1968, as
amended, and implementing regulations at 24 CPR
Part 135, requiring that to the greatest extent feasible,
opportunities for training and employment be given to
lower-income residents of the project area and contracts
for work In connection with the project be awarded to
eligible business concerns which are locatedin, o owned
In substantial part by, persons residing in the area of
the project.
(e) executive Order 11246, as amended by executive Orders
11375 and 12086 and implementing regulations issued at 41
CPR Chapter 60, which provides that no .person shall be
discriminated against on the basis of rt color,'
religion, s national origin in allphases of
employment during the performance of Federal or Federally
assisted construction contracts.
(f7 Executive Order 11063, and implementing regulations at 24
CFR Part lo), on equal opportunity in housing and non-
discrimination on the sale or rental of housing built
with Federal assistance.
(g) Section 504 of the Rehabilitation Act of 1973, a
ended, (Pub. L. 93-112) and implementing regulations
when published for effect. Section 504 provides that no
qualified handicapped person shall, on the basis of
handicap, be excluded from participation In, be denied
the benefits of, or otherwise be subjected to discrimina-
tion under any program or activity which receives or
benefits from Federal financial assistance.
(h) The Age Discrimination Act of 1975, as amended, (Pub. L.
94-135) and implementing regulations (when published for
effect).
(d) The relocation requirements of Title II and the acquisi-
tion requirements of Title III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970, implementing regualtions at 24 CFR Part 42, and the
special provisions of Section 5)0.45] concerning the
relocation of residential tenants not covered by the
Uniform Act.
(j) The labor standards requirements as
set forth in Section
570.605 and HUD regulations issued to Implement such
requirements.
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EXHIBIT A
(k) The flood Insurance purchase requirements of Section
302(a) or the Flood Disaster Protection Act of 1973,
(Pub. 1. 93-234).
(1) The regulations, policies, guidelines and requirements of
OMB Circular Nos. A-102, Revised and A-84 as they relate
to the acceptance and use of Federal funds under this
Part.
(m) All requirements imposed by BUD concerning special
requirements of law, program requirements and other
administrative requirements approved In accordance with
OMB Circular No. A-102, Revised.
10. It will aatablish safeguards to prohibit employees from using
positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves o
others, particularly Chose with whom they have faulty, business
or other ties.
11. It will comply with the provisions of the Hatch Act which
limits the political activity of employees.
12. It will give HUD and the Comptroller General through any
authorized representatives, access to and the right to examine
all retards, books, papers, ordocuments related to the grant.
13. It will insure that the facilities under its ownership, lease,
or supervision which shall be utilized in the accomplishment Of
a
the program a not listed on the EnvironmentalProtection
Agency"a (EPA)list of Violating Facilities and that it will
notify HUD of the receipt of any communication from the
Director of FPA Office of Federal Activities indicating that a
facility to be used In the project is under consideration for
listing by the EPA.
14. It will not, In carrying out the project, discriminate against
any employee because of race, color, religion, sex, handicap,
or national origin. It will take affirmative action to Insure
that applicants for employment are employed, and that employees
e treated during employment, without regard to their race,
s r
color, religion, sex, handicap, o national orign. Such action
shall Include, butnot be limitedto, the following: Employ-
npgrading, demotion or transfer; recruitment or recruit -
near advertising; layoff or termination; rates of pay or other
forme of compensation; and selection for training, including
apprenticeship. The applicant shall post In conspicuous
places, available to employees and applicants for employment,
SS
Duces t0 be provided by PUO setting forth the the provisions
of this non-discrimination clause. The applicant will in all
solicitations or advertisements for employees placed by o
on
behalf of the applicant state that all qualified applicants
will receive consideration for employment without regard to
color, religion , handicap or national origin. The
applicant will incorporate the foregoing requirements of this
paragraph in all of its contracts for project work, except
contracts for standard commercial supplies or raw materials or
entracte covered
red under 24 CPR Part 570 subsection (c)(14)(ix)
(g). and willrequire all of its contracts for such work to
Incorporate such requirements in all subcontracts for work done
with funds provided under 24 CPR Part 570.
15. It certifies that it has not knowingly and willfully made o
used a document or ritlag,containing any false, fictitious, or
fraudulent statement of entry. 18 O.S.C. 1001 provides that
whoever does so within the jurisdiction of any department o
agency of the United States shall be fined not more than
$10,000 or imprisoned for not more than five years, or both.
November 27, 1985
Signature Date
City Manager
Title
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