HomeMy WebLinkAbout2015-05-11 15-160 ORDERCOUNCIL ACTION
Item No. 15-160
Date: May 11, 2015
Item/Subject ORDER, Assuring and Certifying the City's Compliance with Certain
Requirements for Community Development Funds
Responsible Department: Community & Economic Development
Commentary:
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.
Manager's Comments:
Associated Information:
Order and Attachment - Certifications
Budget Approval:
Legal Approval:
Tanya Emery
Department Head
LQ -Q -h �,c - "i
City Manager
Finance Director
Introduced for
x Passage
First Reading Page _ of _
Referral
Assigned to Councilor Baldacci
CITY OF BANGOR
15-160
MAY 11, 2015
(TITLE.) ORDER, 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:
NOW, THEREFORE, 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 A" and consisting of seven (7)
numbered pages.
IN CITY COUNCIL
MAY 11, 2015
PASSED
4.
CITY CLERf
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MAY 11, 2015
Attachment A
NON -STATE GOVERNMENT 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,
which means it has conducted an analysis of impediments to fair housing choice within the
jurisdiction, will take appropriate actions to overcome the effects of any impediments identified
through that analysis, and maintains records reflecting that analysis and actions in this regard.
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, and implementing regulations at 49 CFR 24; and it has in effect and is
following a residential anti -displacement and relocation assistance plan required under section
104(d) of the Housing and Community Development Act of 1974, as amended, in connection
with any activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug-free workplace by:
Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violations
of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance
Programs; and
(d) The penalties that may be imposed upon employees for drug abuse
Violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar
days after such conviction;
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5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
grant;
6. Taking care of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended, or
(b) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief:
8. 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;
9. 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
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10. It will require that the language of paragraphs 1 and 2 of this 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 CDBG, HOME, ESG,
and HOPWA funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968,
and implementing regulations at 24 CFR Part 135.
Signature /Authorized Official
Catherine Conlow
Name
City Manager
Title
73 Harlow Street
Bangor, ME 04401
207-992-4200
ME 12, 2015
Date
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MAY 11, 2015
4
Specific CDBG 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 housing and community development plan
identifies community development and housing needs and specifies both short-term and long-
term community development objectives that provide decent housing, expand economic
opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR
24 Part 570).
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
11. Maximum Feasible Priority. With respect to activities expected to be assisted with
CDBG funds, it certifies that 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
activities which the grantee certifies are designed to meet other community development
needs having a 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;
12. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed
loans during program year(s) 2015-2017 (a period specified by the grantee consisting 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;
13. 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.
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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.
The jurisdiction will not attempt to recover any capital costs of public improvements
assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay
the proportion of fee or assessment attributable to the capital costs of public
improvements financed from other revenue sources. In this case, an assessment or charge
may be made against the property with respect to the public improvements financed by a
source other than CDBG funds. Also, 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:
14. 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
15. A policy of enforcing applicable State and local laws against physically barring entrance
to or exit form 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 USC 2000d), the Fair Housing
Act (42 USC 3601-3619), and implementing regulations.
Lead -Based Paint -- Its activities concerning lead-based paint will comply with the
requirements of part 35, subparts A, B, J, K and R, of title 24.
Compliance with Laws -- It will comply with applicable laws.
Signature /Authorized Official
Catherine Conlow
Name
City Manager
Title
73 Harlow Street
Bangor, ME 04401
207-992-4200
May 12, 2015
Date
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MAY 11, 2015
6
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug -Free Workplace Requirements
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.
Drug -Free Workplace Certification
By signing and/or submitting this application or grant agreement, the grantee is providing the
certification.
2. The certification is a material representation of fact upon which reliance is placed when the
agency awards the grant. If it is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in
addition to any other remedies available to the Federal Government, may take action authorized
under the Drug -Free Workplace Act.
Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not
identify the workplaces at the time of application, or upon award, if there is no application, the
grantee must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation
of the grantee's drug-free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) or
other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all
vehicles of a mass transit authority or State highway department while in operation, State
employees in each local unemployment office, performers in concert halls or radio stations).
If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question
(see paragraph five).
6. The grantee may insert in the space provided below the site(s) for the performance of work done
in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
City Hall, 73 Harlow Street, Bangor, Penobscot, ME 04401
Public Works Bldg., 530 Maine Ave., Bangor, Penobscot, ME 04401
Vehicle Maint. Garage, 481 Maine Ave., Bangor, Penobscot, ME 04401
Parks & Recreation Dept. 647 Main St., Bangor, Penobscot, ME 04401
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Check if there are workplaces on file that are not identified here. The certification with regard to
the drug-free workplace required by 24 CFR part 21.
Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -
Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through
1308.15);
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of
the Federal or State criminal drug statutes;
"Criminal drug statute" means a Federal or non -Federal criminal statute involving the
manufacture, distribution, dispensing, use, or possession of any controlled substance;
"Employee" means the employee of a grantee directly engaged in the performance of work
under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees
unless their impact or involvement is insignificant to the performance of the grant; and (iii)
temporary personnel and consultants who are directly engaged in the performance of work
under the grant and who are on the grantee's payroll. This definition does not include workers
not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement;
consultants or independent contractors not on the grantee's payroll; or employees of
subrecipients or subcontractors in covered workplaces).
Note that by signing these certifications, certain documents must be completed, in use, and on
file for verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3. Anti -displacement and Relocation Plan
Signature /Authorized Official
Catherine Conlow
Name
City Manager
Title
73 Harlow Street
Bangor, ME 04401
207-992-4200
Mqy 12, 2015
Date