HomeMy WebLinkAbout1983-10-12 83-344 RESOLVE83-344
Introduced by Cwncilor Soucy, October 12, 1983
CITY OF BANGOR
(TITLE) P¢SDIbBa.__Assuring ad certifying the City s Compliance__
-WithCertainRequirements-£ Urban Development Action Grant Funds
By CRy CmexaU Odd City of Beggar
RESOLVED, agmag.AS, 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
WBERBAS, Section 104 and 119 of the Housing and Community
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 assures and
certifies that it will comply with the assurances for the Urban
Development Action Grant program attached hereto as "Exhibit All
and consisting of five (5) numbered pages.
In City Counnil Ootober 12,1983
Consider next meeting
Cif erk 4 a...-.r� c
C y Cl
In City Council October 24,1983
Passed Vote Byes 1 No
Voting Yea Hrown,Cox,➢avi s,Frankel,
Torian,5oucy,Neymouth, Willey
Voting No Gess
ukzy"erlFJ
83-341
R E 5 0 L V E
AssurJLng and. Certifyvng the Ci
compliance with certain regoi m Ps
Cl
for Urban Development 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 530.454(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 not substitute for 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 gorzerning 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 byHUD:
(a) Consents to assume the status 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
CFR 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 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 CFR
801, and any other regulations promulgated pursuant to Section
121 of the Housing and Community Development Act of 1974, as
amended.
B. 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
on 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),
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
n 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 b, 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 ended, 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 i owned i substantial part by, persons
residing lin 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, onequal 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
o qualified handicapped person shall, on the basis of
handicap, be excluded from participation in , be denied
the benefits of, o 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).
(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 the relocation of r sidential
tenants not covered by flip Uniform Acte
(j) The labor standards requirements asset forth in Section
570.605 and HUD regulations issued to implement such
requirements.
-3-
EXHIBIT A
(k) The flood insurance purchase requirements of Section
102(a) or the Flood Disaster Protection Act of 1973,
(Pub. 1. 93-234).
(1) The regulations, policies, guidelines and requirements
of OM 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 HID 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 HID and the Comptroller General through any
authorised 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 HID 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 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,
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 forms of compensation; and selection fox training,
including apprenticeship. The applicant shall post icon-
spicuous places, available to employees and applicants for
employment, notices to be provided by HUD setting forth the
.,w
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, 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 raw materials or contracts covered
under 24 CFR Part 570 subsection (c)(14)(ix)(E), 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,
r fraudulent statement or entry. is 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.
City Manager
Title
-5-
Date