HomeMy WebLinkAbout2011-04-25 11-135 RESOLVERem No. I. i.
Date: Poh125, 2011
Item/Subject: RESOLVE, Assuring and Certifying the City's Compliance with Certain Requirements for
Community Development Funds
Responsible Depm btre:rt: Community & Economic Development
Community Development regulations require that the Cry certify It will comply with the laws and
regulations of Me Community Development Black Grant Program contained in "Attachment P of this
Council Resolve.
Department Head
Managers coornmaHs:
Ill �c>�+�✓/�f�
( oft Z.'� (_..moi
Ory Manager
Associate l Information: Resolve, Certification Document
Budget Approval:
Finance Director
r
ntraduceE for
x Passage
_ First Residing page _ of
Referral
1" 135
Assigned to O =cilar - Durgin April 25, 2011
r
CITY OF BANGOR
(TITLE.) Resolve, Assuring and Certifying the Citys Compliance with Certain Requirements
for Community Development Funds
WHEREAS, the Goy of Bangor wishes to submit a Consolidated Housing and Community Development
Han 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 Cade 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
Consolidated Plan Certifications attached hereto as "Attachment A" and consisting of seven (7)
numbered pages.
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AP it 25. 2011
Motion Made avd Seconded tot Passage
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ATTACHMENT A
NON -STATE GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan
regulations, thej misdiction certifies that:
Affirmatively Farther Fair Housing—The jurisdiction will aE-mnatively further fan housing,
which means it has conducted an analysis of impediments to fair housing choice within the
jurisdiction, will take appropriate whom to overcome the effects of any impediments identified
through thst analysis, and maintains records reflecting that analysis and actlons in this regard.
Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation
requvements 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 assisfavce plan required under section
I Wd) of the Housing and Community Development Act of 1974, as amended, in connection
with any activity assistM with finding orderthe CDBG or HOME programs.
Drug Free Workplace --It will orwill continue to provide a drug-free workplace by:
1. Publishing a statemvrtramifying employees that the unlawful manufacture distribution,
dispensing, possession, or use of controlled substance is prohibited in the grantee's
workphee and specifying the actions that wig betaken against employees for violations
of such prohibition;
2. Fstablishing an ongoing drug-fiee awareness program tointo= employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maimairdng a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance
Programs; and
(d) The penalties that may be imposed upon employees her drug abuse
Violation 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 me statement required by paragraph l that, as a condition of
employment under the grant, the employee will -
(a) Abide by the more; of the statement; and
(b) Nofify the employer in writing of his or her conviction for a violation of
criminal drug statute occurring in the workplace no later don five calendar
days after such conviction;
ATTACHMRNTA L35
2
5. Notifying the agency m writhm, within ton calendar days after receiving notice under
subparagraph 4(b) dom an employee or otherwise receiving actual nonce of such
conviction Employees; of convicted employees most provide ounce, including position
title, to every grant officer or other designee on whose gram 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 numbers) of each affected
gram;
6. Taking care of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to my 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 employ" to participate satisfactorily in a drug abuse
assistance or rebabilitation progress approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
7. Mating a good faith eRortto continue to maintain a dmg-frce workplace through
implementation of paragraphs 1, 2, 3, 4, 5 and 6.
And-Lobbying—To the best of the jurisdiction's knowledge and belief.
S. 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 employ" of Member
of Congress in correction with the awarding of any Federal contract, the making of my
Federal grant, the reeking of my Federal loan, the entering raw of my cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of my
Federal contract, gam, loan, or cooperative agreement;
9. If my funds other than Federal appropriated fords have been paid or will be paid to my
person for influencing or attempting m influence an officer or employee of my 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, lam, or cooperative
agreanm, it w0l complete and submit Standard Fonn-LLL, "Disclosure Form to Report
Lobbying," in accordance with its matmctions; and
7.1 I35
ATTACHMENT A
3
10. It will require that the language of paragraphs t and 2 of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrams, and
contracts under Pars, loans, and cooperative agreements) and that all subrecipients shall
certify, and disclose accordingly.
Authority of Jurisdiction— The consolidated plan is authorized miner State and local law (as
applicable) and thejunsdiction possesses the legal authority to carry out the pmgmms for which
it is seeking funding, in accordance with applicable HUT) 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 Am of 1908,
and implementing regulations at 24 CFR Part 135.
Signature /Authorized Official
Catherine Conlow
Name
City Mana¢er
Title
73 Harlow Street
Bangs, ME 04401
207-9924200
April 26.2011
Data
t.I 135
ATTACHIvEENT A
4
Specific CDBG Certifications
The Entitlemeut Community certifies that:
Citizen Participation —It is in full compliance and following a detailed citizen participation
plan that satisfies the requirements of 24 CPR 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 expend economic
opportunities primarily for persons of low and moderate income. (See CFR 24570.2 end CPR
24 Part 570).
FORowing a Plan— It is following a current consolidated plan (or Comprebemive Housing
Affordability Strategy) that has been approved by HUD.
Use of Funds — It has complied with the following criteria:
11. heximum Feasible Primite. Withimpect to activities expected to be assisted with
CDBG fiords, it certifies dust it has developed its Action Plan so as in give maximum
feasible Priority to activities which benefit low and modmam-imome families or aid in
the prevention or elindvation of slums or blight. The Action Plan may alsm include
activities which the grantee des are designed to mem other community development
needs having a particular prgmcy because existing corditioaa 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
losses duriagpmgmm year(s) 200¢20-1. (a period specified by the grantee consisting of
am, two, orihree specific consecutive program years), shall principally benefit persom
oflowa moderateincomeinamammthatensuresthatat Iemt70percentofthe
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
improvemems assisted with CDBG funds including Section 108 loan guaranteed funds by
assessing any commit against properties owned and occupied by persons of low and
moderate income, including my fee charged or assessment made as a condition of
obtaining access to such public improvements.
ATTACIBv®JT A
5
However, if CDBG funds are used in pay the proportion of 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 he made against the
property with respect to the public improvements fmaoced by a source other than CDBG
funds.
Tbejunsdiction will ant attempt in recover my capital costs of public improvements
assian d with CDBG funds, including Section 108, urless CDBG funds are used to pay
the proportion of fee or assessment amibutable to the capital costs of public
improvements financed from other revenue sources. In this case, an assessment or charge
may be made agauat 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 fee public improvements financed by a source other flan CDBG
funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessmant.
Excessive Force — It has adopted and is en orcing:
14. A policy prohibiting the use of excessive force by law enforoement agencies within its
jurisdiction against my individuals engaged in non-violent civil rights demonstrations;
and
15. Apolicy 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 itsjurisdicticn.
Compliance With Anti -discrimination Laws— The grant will be conducted and administered
in conformity with tide VI of the Civil Bights Act of 1964 (42 USC 200(d), 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,1, K and IC of the 24.
Compliance with Laws — It will comply with applicable laws.
Signature /Authorized Official
Catherine Carlow
Name
City Mamaner
Tide
73 Harlow Street
Bangor, ME 04401
207-992-4200
Anvil 26.2011
Date
It t35
ATTACIArEWTA
6
Instructions Concerning Lobbying and Thug -Free Workplace Requirements
LobbvraC ificaion
'Ibis certification is ammeiial represenmtion of feet upon which reliance was placed when this transaction
was made menterW Into. Submission of Mu cerrifigmion is a pserequini[a for making or entering We
this transaction imposed by section 1352, title 31, U.S. Code. Any person who his M file Me nequne1
certification shall be subject in a civil ismalty of not less then $10,000 end not mole Man $100,000 Me
each such failure.
Date -Free Wnrkmnce Certification
I. By signing andior submiung this application or grant agreement, Me grencee is providing Me
certification.
2. The certification is amacenal n:pe;sentation of feel upon which reliance is placed what Me
agency awards Me grant. If it is later "miningthin Me gmmse knowingly rendered a Use
certification, or otherwise violater Me requirements ofihe Thug -Free Workplace Act, UuU, in
addition to any ether remedies available to the Federal Government may rake action emission
under Me Drug -Free Workplace Act -
3. Workplaces under gram, fist gimtees other Men individuals, need not W idemified on the
oci ificetion. If krmwn, they may be identified he the grmt application. Ifehe gramse does sot
idesitifythe workplaces mthe time of application, or upon award, If More is no appgcatien, Me
tougher must keep Me identity of Me wmkplace(s) on file in he office and mere Me inf tion
available for FNeml inspection. Failure to idemify all known workplaces constionesa violation
of the grantee's drug -five workplace requirements.
0. Workplace identifications mug include Me acture adi ofbuildings (or pm of buil dings) or
other sifts where work under Me grant rakes place. Categorical descriptions may be tweet (ug., all
vehicles ofa mass transit authonty or Slow highway department while in opmation, Stnte
employees in eight legaluxmploymem office, performer; in mncat halls or tarns Memo),
5. Ifthe workplace ideias' edmtheagency changes during Me performance of Me grant, Me grantee
shall infirm the agmry of the chengids), if it previously identified Me workplaces in question
(sae paragraph five).
6. The grant¢a may begun In the space provided below Me sifts) for the performance of work done
in wwec[ion with the Specific great
Place of (Sting address, city, county, sratq zip code)
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l' 135
ATTACHMENTA
7
Check ifthom are workplaces on file that are not identified here. The certification with regaidm
the drug-free workplace required by 24 CPR part 21.
7. Definitions of none in theNosdmcarementSuspension and Debattnentcommon mkand Dsug-
Free Workplace cmnmmt rule apply to Aw certification. Grmnees' adention iscallW, in
particular, to the following defindions from these miss:
"Controlled substauee" means a controlled substance in Schedules I through V ofthe Con0olled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CPR 1308.11 though
1308.15);
"Conviction" mems a finding of guilt (including a plea of rule c a re"cor) or imposition of
senmmce, or both, by my judicial body charged with the responsibility to determine violations of
the Federal or State criminal drug abandon
'47rimined drug statute" meaty a Federal or non -Federal cdmiml statute involving be
manufacture, distribution, dispensing, use, or possession of any controlled substance;
"Rmpbyee" morns the employee ofa femme directly engaged in the performance of work
under a grant, including: (i) All "direct charge"employees; fill all"ind'uect charge"employees
unless theh impact or involvement is h aignifiwntto the perfom,mce of be grant and (iii)
temporary persomel and consultants who are directly engaged N the performance of work
under be giant and who am on the grantee's payroll. This definition does nm include workers
not on the payroll of the grmtee (e.f, volunteers, even H used m meet a match ing requirement;
consultants or independent conuactws not on the grantor's payroll; or employees of
snbrecipients or subcontracmm in covered workplaces).
Now that by signing these certifications, certain documents must be completed, in use, and on
file for verification. These documents include:
1. Analysis of Impediments in Fair Homing
2. Citizen Participation Plan
3. Anti -displacement and Relocation Plan
Signature /Authorized Official
Czthmice Cmdow
Name
City Nmauer
Title
73 Harlow Street
Bangor, W 04401
207-992-4200
April 26 2011
Date