HomeMy WebLinkAbout1986-07-28 86-308 RESOLVE86-308
Introduced by Councilor Willey, July 28, 1986
CITY OF BANGOR
QITLEJ PSpIUE Assuring_ _and. Certifyinglthe._C ity,'. a.Compliaace ._..__
f
W I tb C tain Requirements for Urban DSYplOpment Action SranS,E qpa
By dw Cft Onowil of W Cay ofBvngor.
MWLVBB.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 0£
the Code of Federal Regulations require that certain certifications
and a ranEes 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 x111 comply with the assurances for the Urban
Development Action Grant Program attached hereto as 'Exhibit A' and
consisting of five (5) numbered pages. -.
S?
IN CITY COUNCIL
Slily 28, 1986
Pass
C�*
CIT LBRK
i
66-308
0 E S 0 L V E
Assuring and Certifying the City's Compliance
with Certain Requirements for prtun Development
Action Grant Funds (' 'S
86-308
EXHIBIT 8
EXHIBIT A
ASSURANCES
The Applicant hereby assures and certifies that:
1. Prior to submission of Its application, it has met the citizen
participation requirements of Section 570.454(a) and has made
the impact analysis required by Section 570.454(b).
2. The private development would not occur unless the public fund-
ing o which the development is basedbecomes 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 possseuses 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 tberein, and directing and authorizing the
person identified as the official representative of the
applicant to act 1n 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 BUD:
(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 24 CFE
58.1(a)(3) insofarsthe provisions of such Act or other
authorities apply to this part:
(b) Is authorized and consents on behalf of the applicant and
himself/herself t0 accept the jurisdiction of the Federal
arts for the purpose of enforcement of his/her respon-
sibilities as such official.
EXHIBIT 8
EXHIBIT A
7. It will comply with the requirements for historic preservation
Identification and review set forth 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 801,
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
[elating 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.
9. It x111 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
on the grounds of race, color,onational 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 VIII 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
manner to affirmatively further fair housing; and will
takeaction to affirmatively further fair housing.
(c) 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 States shall, on the grounds of race, colo[,
national origin, or sex, be excluded from participation
in be denied the benefits of, or be subjected to dis-
crimination under any program or activity funded in whole
or in pact with funds provided under 24 CPR Part 570.
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EXHIBIT 8
EXHIBIT A
(d) Section 3 of the Housing and Urban Development Act of
1968, as
amended, and implementing regulations at 24 CIE
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
forwork in connection with the project be awarded to
eligible business concerns which are locatedin, o owned
In substantial partby, 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 race,
color,
religion, a national origin in all phases of
employment during the performance of Federal or Federally
assisted construction contracts.
(f) Executive Order 11063, and Implementing regulations at 24
CPB Part 107, on equal opportunity in housing and nom -
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 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).
(1) 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 CPR Part 42, and the
special provisions of Section 570.457 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 RUO regulations issuedto implement such
requirements.
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EXHIBIT 8
EXHIBIT A
(k) The flood insurance purchase requirements Of Section
102(a) or the Flood Disaster Protection Act of 1973,
(Pub. h. 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 HND concerning special
requirements of law, program requirements and other
administrative requirements approved in accordance with
OMB Circular No. A-102, Revised.
10. It will establish 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 family, business
or other ties.
11. It will comply with the provisions of the Batch Act which
limits the political activity of employees.
12. It will give HOD and the Comptroller General through any
authorized representatives, a eee to and the tight to examine
all records, books, papers, or documents 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
the programenot listed on the EnvironmentalProtection
Agency's (EPA) list of violating Facilities and that it will
notify HOD of [M1e receipt of any communication from the
Director of RPA Office of Federal Activities Indicating that a
facility to be used in the project Is under consideration for
listing by [M1e 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 created during employment, without regard to their race,
s r
color, religion, sex, handicap, s national orign. Such action
shall include, butnot be limitedto, the following: Employ -
sent, upgrading, demotion or
e transfer; recruitment o recruit-
ment advertising; layoff ortermination;rates of pay or ocher
forms of compensation; and selection for training, including
apprenticeship. The applicant shall post in conspicuous
places, available to employees and applicants for employment,
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EXHIBIT e
EXHIBIT A
notices to be provided by EDD setting forth the the provisions
of this non-discrimination clause. The applicant will in all
solicitations or advertisements for employees placed by or on
behalf of the applicant state that all qualified applicants
will receive consideration for employment without regard to
color, religion, sex, 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 Taw materials Or
contracts covered
red under 24 CFR Fart 570 subsection (c)(14)(ix)
(E), and willrequire all of its contracts for such work to
incorporate such requirements in all subcontracts for work done
with funds provided under 24 CFR Part 570.
15. It certifies that it has not knowingly and willfully made or
used a document or writing containing any false, fictitious, or
fraudulent Statement of carry. 18 U.S.C. 1001 provides that
whoever does so within the jurisdiction of any department or
agency of the United States shall be fined not more than
$10,000 or imprisoned for not more than five years, or both.
auly'3li 1986
signature Date
City Manager
Title
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