Loading...
HomeMy WebLinkAbout2007-05-14 07-165 RESOLVEItem No, 07 165 Date: May 14, 2007 Item/Subject: Resolve, Assuring and Certifying Ore CWs Compliance with Certain Requirements for Community Development Funds Responsible Department: Community & Economic Development Commenbry: Community Development regulations require that the qty certify It Wil comply with the laws and regulations of the Community Development Block Grant program contained in "Attachment V of this Council Resolve. Department Head This is a routine annual requirement of the Community Development Block Grant program. Recommend approval.',}y'/n//���tf''���^�,L/. City Manager Asapdated Information: Finance Director Legal APProval: 4-1 city Shcdmr Introduced fpr X Passage _ First Reading Pegs_ of _ Referral ()7 165 t` MsignM to Cooaciloc Parcingtoa May 14, 2007 CITY OF BANGOR (TITLE.) Resolve, Assurirg and Certifying the City's Compliance with Certain Requirements for Community Development Funds WHEREAS, the City of Bangor wishes to submit a Consolidated Hai and Community Development Plan far Community Development Block Grant Entitlement funds under Title I of the Housing and Community Devebpment Act of 1974, and WHEREAS, Section 104 of the Housing and Community Development AU 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 RESOLVED, BY THE CITY COUNCIL OF THE CTIY OF BANGOR THAT the City of Bangor hereby assures and certifies that it will comply with Me assurances for the Consolidated Plan Certifications attached hereto as "Attachment A" and consisting of seven (7) numbered pages. IN CIW COUNCIL Nay lif 2W7 Pass 07-165 I1T CLgB¢ _ R E 5 0 1'V E �{{(EPP��,, Assuring � Certifying the Clty'a Conylie�g-CeiP3ES"NE$NEEg�NNE6£or CO®uufty Development y s AhachmentA CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Falr Housing --The jurisdiction will affirmatively further fair housing, which means d 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-displacementt 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 and-displaciment and recreation 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 CDM or HOME programs. Drug Free Workplace— It will or will continue to provide a drug-free workplace by: 1. 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 pdiry of maintaining a drug-free worlplace; (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 I; 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 attuning in the workplace no later than five calendar days after such conviction; Attachment A 2 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherxise receiving actual notice of such conviction. Employers of convicted employees most provide notice, Inducting position the, 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 wch rhticg. 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 fill effort m 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 Jurisdictions knowledge and bellel. 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 a Menton, continuation, renewal, amendment, or modification of any Federal contact, grant, loan, or cooperative agreements 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person far 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 contact, grant, loan, or cooperatwe agreement, It will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," In accordance with its instructions; and 3. It will require that the language of paragraphs 1 and 2 ofthis anti4obbying certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. Attachment A 3 Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to tarty 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 HOMA funds are consistent Mth the strategic plan. Acquisition and Relocation -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real property ACGUlsltion Policies AQ of 1970, as amended (42 U.S.C. 4601) and Implementing regulations of 49 CFR part 24. Section 3 -- It will comply with section 3 of the Halting and Urban Development Act of 1968, and Implementing regulations at 24 CFR Part 135. �OA_�A Id. C`P4�{C�—' May 15 200) Signature /Authorized Official 6nR Attachment A 4 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in fill 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 shat -term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 520.2 and CFR 24 Part 520). 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 compiled with the following cnteria: 1. MaYmum Fess ble Edmad . With resile¢ m activities expected W be assisted with CDBG funds, it ratifies that It has developed its Action Plan so as W give madmum feasible priority to activities which benefit law and moderate -income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the gantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat W Me health or welfare of the community, and other finandal resources are not available; 2. Overall Benefit The aggregate use of CDBG funds Including Sectlon 108 guaranteed loans during program years) 220 6G 0 (a pednd spedfled by Me grantee consisting of one, two, or three spedflc consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 20 percent of the amount is expended for activities that benefit such persons during Me designated period; 3. Special Assessments. It Will not attempt W recover any Fapital 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 MM funds are used to pay the propordon of a fee or assessment that relates W 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 m the public Improvements financed by a source other than CDBG funds. Attachment A 5 The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, Including Section 308, unless CDM funds are used to pay the proportion of fee or assessment attributable to the capital costs of public Improvements financed from other revenue sources. to this rase, an asesmerit or charge may be made against the property with respell 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 lades MBG 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 W or exit form a facility or location which is the subject of such Iron -violent civil rights demonstrations within its jurisdiction. Compliance With Anti-disvimination 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 DSC 3601-3619), and implementing regulations. Lead -eased Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 ff Part 35, subparts A, 0, 1, Kand R; Compiiancewithiaws--Itwilloomplywithapplicablelaws. &.4 (1 C NLr(/ - My 15, 2002 Signature/Aumonzed Official CIN Manaaer Title AhachmentA 6 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: i ""u ,�' � c "' This certification is a material representation of fact upon which reliance was placed when this transacdan was made or entered into. Submission of this certification is a prerequisite far making or entering into this transaction Imposed by section 1352, We 31, U.S. Code. Any person who fails to file the required certification shall be subject W a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drua-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee Is providing the certification. 2. The certiikxtion 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 Womplace Act. 3. 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 doses 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 workplaces) on file in its office and make the Information available far Federal inspection. Failure W Identify all known workplaces constitutes a violation of the grarrtee's drug-free workplace requirements. 4. Wodcptace identifications must include the actual address of buildings (a 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 authonty or State highway depament while in operation, State employees in each local unemployment office, performens in concert halls or radio stations). S. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), N it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work clone In connection with the specific grant: AftachmeatA New of performance (Street address, city, county, state, rip code) Check if there are workplaces on file that are not identified here The certification with regard W the diugdrce workplace required by 24 CAR part 29, subpart F. ]. Definitions of terms in the Nonprocurement Suspereion and Debarment common rule and Drug -Free Workplace common rule apply W this certification. Grantees' attention Is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Scredules I through V of the Controlled Substances Act (21 U.B.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Corvrll means a finding of guile (Including a plea of nolo contendere) or Imposition of sentence, or both, by any judicial body charged with the responsibility W 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: (J) All "direct charge" emp'oyees; (g) all "inched charge" employees unless their impact or involvement is Insignificant to the performance of the grant; and (fii) 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 fi used W meet a matching requirement; consultants or Independent warrantor; not on the grantee's payrdl; or employees of subredpients or subcoacradprs in covered workplaces).