Loading...
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. n =m cn AP it 25. 2011 Motion Made avd Seconded tot Passage Pawed cin (Pi WAasutivs + Cextif fag Fhe .Gittia Co 31=ce v th Ceitafa B quixements rn. Ce Ity Delo ut 8 S ]1 ?35 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) NI.1:Ellin:Rio- Y11 r3TTL!.�2 [SS:Ld�uf�it,FLZFh rn i 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