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HomeMy WebLinkAbout1984-07-23 84-279 RESOLVEIntroduced by Councilor Nccarthy, July CITY OF BANGOR 03, 1984 (TITLE.) ¢SOI57¢i Assuring and Certifying to City's Compliance with ._ C t 1 R quiremente for Uzban ➢ lopment_A t G ant Funds - B9ks City Comno!! ofNe Cib KEanNr MWLVED.HRHRHAS, 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. Section 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 requite 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 assurances forthe Urban Development Action Grant Program attachedhereto as "Exhibit A" and Consisting of five (5) numbered pages. In City Council Jvly,23,1984 84-279 Councilor No Carthy asta3ned p E 5 0 L V E consider meeting 7-30-84 "84 A 16 P3 27 AT Asavri� a ii certifying the City 's Compliance E City C EJ with c ain requirements or D Develftat Cl iY OF'BANGOR Acti Gm CITY CLERK ids Pe IN coxxcxa Julyy 30 80, 1984 _ Passed. COWciloi lrycC thy.:aEateierinig. r 84-2]9 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 5I0.454(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 posssesses 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, notion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the personidentifiedsa the official representative of the applicant to act inc connection with theapplication and to provide such additionalinformation as may be required. 6. Its chief executive officer or other officer of the applicant approved by HUD: (a) Consents to assume the status of a responsible Federal official forenvironmental review, decision-making and action pursuant to theNational Environmental Policy Act of 1969, and the other authorities listed in 24 CPR 59.1(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- sibilities as such official. -1- 84-279 8AHIBIT 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 O.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469x, at seq.), regulations of the Advisory Council on Historic Preservation at 36 PER 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 hes identified all other properties, if any, which will be affected by the project and which, as determined by the applicant, may set the critetia 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. 9. It will comply with: (a) Title VI of the Civil flights Act of 1964 (Pub. L.88-352), and implementing regulations issued at 24 CFR Part 1, which provides that no person in the United States shall n the grounds of x calor, o national origin, be excluded from participation in, be denied the benefit, of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial desistance 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 As a manner to affirmatively further fair housing; and will take action 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 CPR 570.601), which provide that no person in the United States 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 dis- crimination under any program or activity funded In whole or In part with funds provided under 24 CPR Part 570.' -2- 8a-279 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 o eligible business c which are located in, or 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 r color, religion, fl 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 CFR Part 107, 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 otherwisebesubjected to discrimina- tion under any program or activity which receives or benefits from Federal financial assistance. (b) 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 CFR 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 asset forth in Section 570.605 and HUD regulations issued to implement such requirements. -3- M EXHIBIT A (k) The flood insurance purchaserequirements of Section 102(a) or the Flood Disaster Protection Act of 1973, (Pub. 1. 93-234). (1) The regulations, policies, guidelines and requirements of ONE Circular Nos. A-102, Revised and A-84 as they relate to the acceptance and use of Federal funds under this Part. (a) All requirements imposed by HUD concerning special requirements of law, program requirements and other administrative requirements approved in accordance with OMB Circular No. A-102, Revised. 30. It will establish safeguards t0 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 those with whom they have family, 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 BUD and the Comptroller General through any authorized representatives, access to and the right to examine all records, books, papers, or documents related to the grant. 13. It will insure that the facilities under its o rship, lease, or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's (EPA)list of Violating Facilities and that it will notify HUD of the receipt of any communication from the Director of EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the BPA. 14. It will not, in carrying out the project, discriminate against any employee becauseof 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 color, religion, sex, handicap, or national orlgn. Such action shall include, butnot be limited to, the following: Employ- ment, upgrading, demotion or transfer;rultment recruit- ment advertising; layoff or termination; e rates of pay or other forms of compensation; and selection for training, including apprenticeship. The applicant shall poet in conspicuous places, available to employees and applicants for employment, -4- 84-2]9 EXHIBIT A notices to be provided by HUD setting forth the the provisions of this n n-diacriminatiov clause. The applicant will in all solicitations or advertisements for employees placed by orn behalf of the applicant state that all qualified applicants will receive a consideration for employment without regard to [ color, s r religion, sex, handicap o national origin. Theapplicant will Incorporatethe foregoingrequirements of this paragraph In all of its contracts for project work, except contracts for standard commercial supplies or raw or contracts covered under 24 CFR Part 5fo subsection to incorporate (R), and will require all of 1[e contracts for suchfor work to incorporate rovM1 ed under 24 1n all 570. subcontracts for work done with funds provided under 24 CFR Part 5I0. 15. It certifies that it has not knowingly and willfully made o used a document or writing containing any false, fictitious, or fraudulent statement of entry. 18 U.B.C. 1001 provides that whoever does so within the jurisdiction Of any department Or agency of the United States shall be fined not note than $10,000 or Imprisoned for not more than five years, or both. July 27 1984 Signature Date City Manager Title -5-