HomeMy WebLinkAbout2020-11-23 21-027 Order
11/23/202021-027
11/23/2020
21-027
Community & Economic Development
Order
N/A
Title, Order
Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds
This order indicates that the City certifies it will comply with the laws and regulations of the
Community Development Block Grant Program contained in Attachment 3 "CATT #3" of this Council
Order.
Business & Economic Development Committee
11/17/2020
Recommend for passage
50
See attachment #3 (CATT #3).
Consent
11/23/202021-027
CITY OF BANGOR ORDER
11/23/2020
21-027
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.
Be it Ordered 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 Consolidated
Plan Certifications attached hereto as “Attachment 3” and consisting of nine (9) pages.
21-033
NOVEMBER 23, 2020
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jurisdiction certifies that:
Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing.
Uniform Relocation Act and Anti -displacement and Relocation Plan -- It will comply with the
acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49
CFR Part 24. It has in effect and is following a residential anti -displacement and relocation assistance
plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the
Community Development Block Grant or HOME programs.
Anti -Lobbying --To the best of the jurisdiction'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 Fonn 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 AIDS funds are
consistent with the strategic plan in the jurisdiction's consolidated 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.
(h ( 404AJ -I �-110
�ignature' of Authorized Official Date
IV ft),N1,3wiz-
Titlele
Specific Community Development Block Grant Certifications
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 and expanding economic 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- and moderate -income families or aid in the prevention or elimination of slums or
blight. The Action Plan may also include CDBG-assisted activities 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,
during program year(s) . -"a� [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 property with 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) and the 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 Part 35, Subparts A, B, J, K and R.
Compliance with Laws -- It will comply with applicable laws.
Signature of Authorized Official
V
Tidr�� ......
Date
OPTIONAL, Community Development Block Grant Certification
Submit the following certification only when one or more of the activities in the action plan are designed
to meet other cormizunity development needs having particular 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 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 to meet such needs.
Signature of Authorized Official Date
_.1, .
Title
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If it plans to provide tenant -based rental assistance, the tenant -based
rental assistance is an essential element of its consolidated plan.
Eligible Activities and Costs -- It is 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 than is necessary to provide affordable housing;
Signature ot"Authorized Official
Title
Date
Emergency Solutions Grants Certifications
The Emergency Solutions Grants Program recipient certifies that:
Major rehabilitation/conversion/renovation — If an emergency shelter's rehabilitation costs exceed 75
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 building into an emergency shelter exceeds 75 percent of the value of the building
after conversion, 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 conversion.
In all other cases where ESG funds are used for renovation, the recipient will 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 Costs — In 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 recipient serves 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.
Renovation — Any renovation carried out with ESG assistance shall be sufficient to ensure that the
building involved is safe and sanitary.
Supportive Services — The recipient 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 these individuals.
Matching Funds — The recipient will obtain matching amounts required under 24 CFR 576.201.
Confidentiality — The recipient has 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 Involvement — To 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 Plan — All activities the recipient undertakes with assistance under ESG are consistent with
its consolidated plan.
Discharge Policy — The recipient will 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 care or 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 Official
Title
Date
Housing Opportunities for Persons With AIDS Certifications
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 the consolidated plan:
1. For a period of not less than 10 years in the case of assistance involving new construction, substantial
rehabilitation, or acquisition of a facility,
2. For a period of not less than 3 years in the case of assistance involving non -substantial rehabilitation
or repair of a building or structure.
o� &'
Signature of Authorized Official
Title
Date
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INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION:
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.
IN CITY COUNCIL
NOVEMBER 23,2020
CO 21-027
Motion made and seconded for Passage of Consent Agenda
Vote: 9—0
Councilors Voting Yes: Davitt, Dubay,Fournier,Hawes,Nichols,Okafor, Schaefer, Sprague,Tremble
Councilors Voting No: None
Passed
J
CIT CLE