HomeMy WebLinkAbout2019-05-13 19-192 ORDER
05/13/201919-192
05/13/2019
19-192
Community & Economic Development
N/A
Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds
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 this Council Order.
Business & Economic Development Committee
05/07/2019
Recommend for passage
See attached Certifications (9 pages)
New Business
05/13/201919-192
05/13/2019
19-192
Sprague
Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds
WHEREAS, the City of Bangor wishes to submit a Consolidated Housing and Community Development Plan for
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 Title
24 of the Code of Federal Regulations require that certain certifications and assurances be given by the City of
Bangor:
the City of Bangor hereby assures and certifies that it will comply with the assurances for the Consolidated
Plan Certifications attached hereto as “Attachment A” and consisting of nine (9).
192
CERTIFICATIONS
In accordance with the applicable statutes andthe regulations governing theconsolidated plan
regulations, the jurisdiction certifiesthat:
Affirmatively Further Fair Housing--The jurisdiction will affirmativelyfurtherfairhousing.
UniformRelocationActandAnti-displacementandRelocationPlan-- It willcomplywith the
acquisition and relocationrequirements of the Uniform Relocation Assistance andRealProperty
Acquisition Policies Actof1970, as amended, (42 U.S.C. 4601-4655) and implementingregulations at 49
CFRPart24. It has ineffectand is followinga residential anti-displacementandrelocationassistance
plan required under 24 CFR Part42 in connection with any activityassisted with fundingunderthe
CommunityDevelopmentBlock Grant or HOME programs.
Anti-Lobbying--To the bestofthejurisdiction's knowledge and belief:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 of 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, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions; and
3.It will require that the language of paragraph 1 and 2 of this anti-lobbying 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.
Authority of Jurisdiction--The consolidated plan is authorized under State and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan--The housing activities to be undertaken with Community Development Block
Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDSfunds are
consistent with the strategic plan.
Section 3--It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u) and implementing regulations at 24 CFR Part 135.
_____________________________________
Signature of Authorized Official Date
____________________________
Title
Specific Community Development Block GrantCertifications
The Entitlement Community certifies that:
Citizen Participation--It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan--Its consolidated plan identifies community development and housing
needs and specifies both short-term and long-term community development objectives that that have been
developed in accordance with the primary objective of the CDBG program (i.e., the development of
viable urban communities, by providing decent housing andexpandingeconomic opportunities,primarily
for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570.
Following a Plan --It is following a current consolidated plan that has been approved by HUD.
Use of Funds--It has complied with the following criteria:
1.Maximum Feasible Priority.With respect to activities expected to be assisted with CDBG
funds, it has developed its Action Plan so as to give maximum feasible priority to activities which
benefit low-andmoderate-income families or aid in the prevention or elimination of slums or
blight. The Action Plan may also includeCDBG-assistedactivities which the grantee certifies
are designed to meet other community development needs having 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(see Optional CDBG Certification).
2.Overall Benefit.The aggregate use of CDBG funds, including Section 108 guaranteed loans,
duringprogram year(s) _________________________\[a period specified by the grantee of one,
two, or three specific consecutive program years\], shall principally benefit persons of low and
moderate income in a manner that ensures that at least 70 percent of the amount is expended for
activities that benefit such persons during the designated period.
3.Special Assessments.It will not attempt to recover any capital costs of public improvements
assisted with CDBG funds,including Section 108 loan guaranteed funds,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.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the propertywith respect to the
public improvements financed by a source other than CDBG funds.
In addition, in the case of properties owned and occupied by moderate-income (not low-income)
families, an assessment or charge may be made against the property for public improvements
financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds
to cover the assessment.
Excessive Force--It has adopted and is enforcing:
1.A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2.A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
Compliance with Anti-discrimination laws--The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C.2000d)andthe Fair Housing Act (42
U.S.C.3601-3619) and implementing regulations.
Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24
CFR Part35, Subparts A, B, J, K and R.
Compliance with Laws--It will comply with applicable laws.
__________________________________________
Signature of Authorized Official Date
___________________________
Title
OPTIONAL Community Development Block GrantCertification
Submit the following certification only when one or more of the activities in the action plan are designed
to meet other community development needs havingparticular urgency as specified in 24 CFR
570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-
assisted activities which are designed to meet other community developmentneeds havingparticular
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 to meet such needs.
_______________________________________
Signatureof Authorized Official Date
______________________________
Title
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance--If itplansto provide tenant-based rental assistance, the tenant-based
rental assistanceis an essential element of its consolidated plan.
Eligible Activities and Costs--Itis using and will use HOME funds for eligible activities and costs, as
described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities, as described in §92.214.
Subsidy layering--Before committing any funds to a project, it will evaluate the project in accordance
with the guidelines that it adopts for this purpose and will not invest any more HOME funds in
combination with other Federal assistance thanis necessary to provide affordable housing;
_____________________________________________
Signature of Authorized OfficialDate
_______________________________
Title
Emergency Solutions GrantsCertifications
The Emergency Solutions Grants Program recipient certifies that:
Major rehabilitation/conversion/renovation
percent of the value of the building before rehabilitation, the recipient will maintain the building as a
shelter for homeless individuals and families for a minimum of 10 years after the date the building is first
occupied by a homeless individual or family after the completed rehabilitation.
If the cost to convert a buildinginto an emergency shelter exceeds 75 percent of the value of the building
after conversion, the recipientwill maintain the building as a shelter for homeless individuals and families
for a minimum of 10 years after the date the building is first occupiedby a homeless individual or family
after the completed conversion.
In all other cases where ESG funds are used for renovation, the recipientwill maintain the building as a
shelter for homeless individuals and families for a minimum of 3 years after the date the building is first
occupied by a homeless individual or family after the completed renovation.
Essential Services and Operating CostsIn the case of assistance involving shelter operations or
essential services related to street outreach or emergency shelter, the recipient will provide services or
shelter to homeless individuals and families for the period during which the ESG assistance is provided,
without regard to a particular site or structure, so long the recipientserves the same type of persons (e.g.,
families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or
persons in the same geographic area.
RenovationAny renovation carried out with ESG assistance shall be sufficient to ensure that the
building involved is safe and sanitary.
Supportive ServicesTherecipient will assist homeless individuals in obtaining permanent housing,
appropriate supportive services (including medical and mental health treatment, victim services,
counseling, supervision, and other services essential for achieving independent living), and other Federal
State, local, and private assistance available for theseindividuals.
Matching FundsThe recipientwill obtain matching amounts required under 24 CFR 576.201.
ConfidentialityThe recipienthas established and is implementing procedures to ensure the
confidentiality of records pertaining to any individual provided family violence prevention or treatment
services under any project assisted under the ESG program, including protection against the release of the
address or location of any family violence shelter project, except with the written authorization of the
person responsible for the operation of that shelter.
Homeless Persons InvolvementTo the maximum extent practicable, the recipient will involve,
through employment, volunteer services, or otherwise, homeless individuals and families in constructing,
renovating, maintaining, and operating facilities assisted under the ESG program, in providing services
assisted under the ESG program, and in providing services for occupants of facilities assisted under the
program.
Consolidated PlanAll activities the recipient undertakes with assistance under ESG are consistent with
its consolidated plan.
Discharge PolicyThe recipientwill establish and implement, to the maximum extent practicable and
where appropriate,policies and protocols for the discharge of persons from publicly funded institutions or
systems of care (such as health care facilities, mental health facilities, foster careor other youth facilities,
or correction programs and institutions) in order to prevent this discharge from immediately resulting in
homelessness for these persons.
_____________________________________________
Signature of Authorized OfficialDate
_______________________________
Title
Housing Opportunities for Persons With AIDSCertifications
The HOPWA grantee certifies that:
Activities--Activities funded under the program will meet urgent needs that are not being met by
available public and private sources.
Building--Any building or structure assisted under that program shall be operated for the purpose
specified in theconsolidatedplan:
1.For a period of not less than10 years in the case of assistance involving new construction, substantial
rehabilitation, or acquisition of a facility,
2.Fora period of not less than3 years in the case of assistance involving non-substantial rehabilitation
or repair of a building or structure.
_____________________________________________
Signature of Authorized OfficialDate
_______________________________
Title
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYINGCERTIFICATION:
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
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