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Home My WebLink About1983-07-25 83-271 RESOLVE83471 Introduced by Councilor Soucy, 8uly 25, 1983 CITY OF BANGOR (TITLE.) �Rraohlk. Ass,>rsng: ma certiryxpg_ue p&tZ!. S C�AUxnae, W,%D.fa2ain Requirements for Wxbea Prods By City CwM of W City ofBamw: RESOLVED, y ; the City of Bangor. wisher to make appldcationn for and eceive IIrban Denelopmeat Action Grant flmda under Title I of the Housing anti CaMu¢ity Development Art 03'1974; and �, Section 104 SDI 119 of the HOwsing'snd Concaunity 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 Baogor; MW, Ti@PS U, M Pf MOLM, by the City Cconcil of the City of Bangor that the City of Bangor hereby assures and certifies that it will conply with the Assurances for the ➢rbcs Develolaent Action Grant Program attached hereto ss "Exhibit A" and consisting'of four (4) mmbered began. In City Council July y 25.1983 g E S 0 L V E N3 Passed // .. 't� / .Q if K p; C%%y Clerk A§swing _end Certifying the Cityts C/ir;, Gcmpliarp@ with certain requirements for Urban Da"lopnent Action Grant Funds 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 on which the development is based becomes available, in the opinion of the chief executive officer. 3. The action grant funds will notsubstitutefor local public funds which are available for the project described in the action grant application. 4. It possesses 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 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 a e the status of a responsible Federal official for environmental r ,.decision making and action pursuant to the National Environmental Policy Act of 1969, and the other authorities listed in 24 CFA 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 courts for the purpose of enforcement of his/ her responsibilities as such official. -1- EXHIBIT A 7. It will comply with the requirements for historic preservation identification and x set forth in Section 106 0£ 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 CFR 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 a determined 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 meet the criteria established by the Secretary of Interior for inclusion in the Register, together with the documentation relating to the inclusion of such properties n the Register; and it has determined the effect as deter- mined by the applicant, of the project on the identified properties. 9. It will comply with: (a) Title VI of the Civil Rights 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 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 VIII of the Civil Rights Act of 1968 (Pub. L.90-284), as ended, administering all programs and activities relating to housing and community development inmanner 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 CFR 570.601), which provide that no person in the United States shall, on the grounds of r color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrim- ination under, any program or activity funded in whole or in part with funds provided under 24 CFR Part 570. -2- EXHIBIT A (d) Section 3 Of the Housing and Urban Development Act of 1968, as amended, and implementing regulations at 24 CFR 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 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 CFR Chapter 60, which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or 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 CFA Part 107, on equal opportunity in housing and non-discrimination on the sale or rental of housing built with Federal assistance. (9) Section 504 of the.Rehabilitation Act of 1973, a amended, (Pub. 1. 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, (PuhL L. 94-135) and implementing regulations (when published for effect: (i) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, implementing regulations at 24 CFR Part 42, and the special provisions of Section 570.457 concerning erning the relocation of r sidential tenants not covered by the Uniform Acte (j) The labor standards requirements as set forth in Section 570.605 and HUD regulations issued to implement such requirements. -3- EXHIBIT A (k) Theflood insurance purchase requirements of Section 102(a) or the Flood Disaster Protection Act of 1973, (Pub. L. 93-234). (1) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised and A-87 as they relate to the acceptance and use of Federal funds under this Part. (m) All requirements imposed by HOD concerning speical requirements of law, program requirements and other administrative requirements approved in accordance with ONE 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 or 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 HUD 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 ownership, 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 Activitiesindicatingthat a facility to be used in the project is under consideration for listing by the EPA. 14. It will not, in arrying 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, color, religion, sex, handicap, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forme of compensation; and selection for training, including apprenticeship. The applicant shall post in con- spicuous places, available to employees and applicants for employment, notices to be provided by HUD setting forth the EXHIBIT A the provisions of this non-discrimination clause. The applicant will inall solicitations or advertisments for employees placed by or on behalf of the applicant state that all qualified applicants will receive consideration for employment without regard to race, color, religion., s handicap o 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 contracts covered under 24 CFR Part 570 subsection (c)(14)(ix)(5), and will require 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 or used a document or writing containing any false, fictitious, or fraudulent statement or entry. 18 U.S.C. 1001 provides that whoever does so within the jurisdiction of any depart- ment or agency of the United States shall be fined not more than'$10,000 or imprisoned for not more than five years, or both. July 26, 1983 Signature Date City manager Title *Note: A separate set of Assurances for IndiansTribes will be issued in the near future. -5-