HomeMy WebLinkAbout2006-05-08 06-163 RESOLVEItem No, 06 163
Date: May 8, 2006
Item/Subject: RESOLVE, Assuring and Caddying the City's Compliance with Certain
Requirements for Community Development Funds
Responsible Department: Community & Economic Development
Community Development regulations require that the City certify it will comply with the laws and regulations
of the Community Development Black Grant Program contained in "Attachment A" of this Council Resolve.
Department Head
Manager's Comments:
This is a standard annual requirement of the CDBG program. Recommend your approval.
Finance Director
a Passage
_ First Reading Page _ of _
Referral
06 163
Assigned to Councllar Allen Bey 8. 2006
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CITY OF BANGOR
(TITLE.) Resolve, Assuring and @NPying the City's Compliance with Certain Requirements
for Community Development Funds
WHEREAS, the City of Bangor wishes to submit a Consolidated Hauling ant 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 DevelopmerK Act of 1974 ant Section 5]0.303 of
Title 24 of the Code of Federal Regulations require Met certain certifications and assurances
be given by the City M Bangor;
NOW, THEREFORE, BE IT RESOLVED; BY THE CITY COUHCR OF THE CTTY OF HANGORTHAT
the City of Bangor hereby assures and oartifies Mat it will comply with Me assurances for the
Consolidated Plan Certifications attacted hereto as "Attachment A" and onne istlng of seven (y)
numbered pages, -
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06 163
Attachment A
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 impedimenta to fair housing choice within the
jurisdiction, will take appropriate actions to overcome the effects of any impediments idend0ed
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 Acquistdon Policies Act of
1970, as amended, and implementing regulations at 49 CFR 29; 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 1979, 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:
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 polity of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitabon, and employee assistance
programs; and
(d) The penalties that may be imposed upon employees far drug abuse
violations occurring in the workplace;
3. Making it a requlrenent that each employee M be engaged In the performance of the
grant be given a copy of the statement required by paragraph 1;
9. 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;
06 163
Attachment A
2
S. 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
mmicdcri. Employers of co ycled employees must provide notice, including position
title, to every grant officer or other designee on whose grant comity the convicted
employee was working, unless the Federal agency has designated a central point for the
receipt of such coffee. Notice shall Include the identification number(s) of each
affected grant
6. Taking fare of the following actions, wRhln 30 calendar days of receiving notice under
subparagraph 4(b), with respect m 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;
]. Making a good faith effort to continue to maintain a drug -bee workplace through
implementation of paragraphs 1, 2, 3, 4, 5 and 6.
And -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 conrection WO 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 Foml-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraphs 1 and 2 of this and lobbying certification
be induced in the award documents for all subawards at all tiers (including
subcontracts, subgrams, and contracts under grants, loans, and cmperative
agreements) and that all subreciplents shall ceNfy and disclose accordingly.
AtmcQb,m 1A63
Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as
applicable) and the jurisdiction possesses the legal authority W carry out the programs for
which it is seeking funding, in accordance with applicable HUD regulations.
Consistency with plan -- The housing acdAties m be undertaken wdh CDBG, HOME, lz G,
and HOPWA funds are consistent with the strategic pian.
Acquisition and Relocation -- It will comply with the acquisition and relocation requirements
of the Uniform Relocation Assistance and Real Property Acquisition Policies AR of 1970, as
amended (42 U.S.C. 4601) and implementing regulations of 49 CFR Part 24.
Section 3 -- It will comply win section 3 of the Housing and Urban Development AR of 1968,
and Implementing regulations at 24 CFR Part 135.
May 12,20W
Signature /Authorized Oficial
City Manager
Title
06 163
Arunachal
4
Specific CDOG 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 consolidatetl 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 cci[eda:
1. Maximum Feasible Priority. With respect W aWvWti expelled to be assisted with
CDeG funds, it certifies that it has developed its Action Plan so as W 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 contras 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;
2. Overall Gil . The aggregate use of CDBG funds including Section 108 guaranteed
loans during pmgmm yeer(s) 2006-2008 (a period specified by the grantee consisting of
one, ram, or three specific consecutive program years), shall principally benefit persons
of low and moderate income in a manner that ensures thus: at least 70 percent of the
amount is expended for activities that beret such persons during the designated
period;
3. Special Assessments. R will rrot 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 m 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 Ure public improvements; financed by a source other than
CDBG funds.
Attachment63
s
The jurisdiction will not attempt m 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 capRal costs of put is 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
modemte-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 tamales 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 whin its
prediction against any Individuals engaged in non-violent civil rights demonstrations;
and
2. A policy of enforcing applicable State and Tool laws against physically barring entrance
to or exit form a facility or location which is the subject of such non-violent cMl nghts
demonstrations within its jurisdiction.
Compliance WiN Anti -discrimination Laws; --The grant will be conducted and
administered in conformity with title W of the Gvil Rights Act of 1969 (42 USC 2000d), the Fair
Housing Act (42 USC 3601-3619), and implementing regulations.
Lead -Based Paint -- Its notification, inspection, testing and abatement procedures
concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A,
B,1, K and R;
Compliancewith laws --It will comply with applicable laws.
May 12, 2606
Signature/Authorized Widal
City Manager
Title
06 163
Attachment A
6
APPENDM TO CERTIFICATIONS
LOBBYING AND DRUG-FREE WORKPIACE REQUIREMENTS:
+"•.�M
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, titre
31, U.S. Code. Any person who fails to file the required oardfcabon shall be subject to
a civil penalty of not less than $10,000 and net more than $100,000 for each such
failure.
1. By signing and/or submitting this application or grant agreement, the grantee is
providing the certification.
2. The certification is a material representation of fad 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 AM HUD, in addition W any other remedies
available to the Federal Government, may take action authorized under the
Drug -Free Workplace Act.
3. Workplaces under grants, for grantees ober 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 be
identity of the workplace(s) on file in its office and make be information
available for Federal Inspection. Failure to Identify all known workplaces
constilvtes a violation of the grantee's drug-free workplace requirements.
4. Workplace identifications must !non& the actual address of buildings (or parts
of buildings) ar other sites where work under the grant takes place. Categorical
descriptions maybe 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).
5. If the workplace identified! m the agency changes during the performance of be
grant, the grantee shall inform the agency of the change(s), if it previously
identified the workplaces in question (see paragraph three).
6. The grantee may insert in be space provided below the site(s) for the
performance of work done in connection with the specific grant
06 '63
Attachment A
Place of Performance (Street address, city, county, state, zip code)
ON Hall 73 Harlow Street Bangor Penobscot Mane 09401
Public Works Bldo., 530 Maine Ave.. Element. Penobscot. Maine 0
Vehide M[ Gari 981 Maim Ave.,Banner,
Penothaxot.
Maine D4401
Park Woods Transitional Neigh adding
Drive Bangor
Penobscot Bangor 09401
Parks & Reaeration Deo[ 647 Main St
Bangor
ME 04401
Checic _ if there are workplaces on file the are not identified here.
The certification wiN regard to the drug -flee workplace required by 24 CAR part 24,
subpart F.
7. Definitions of terms in the Nonprorrurement Suspension and Debarment common
rule and Dmg-Free Workplace common rule apply to this certification. Grantees'
attention is caletl, in particular, to the fallowing den does from these rules;
'Controlletl substance' means a controlled substance in Sdredules I through
V of the Controlled Substances Ad (21 U.S.C. 812) and as fuller defined by
regulation (21 CFR 1308.11 through 1388.15);
"Conviction" means a finding of guilt (including a plea of nolo contenders) or
imposition of sentence, or both, by any Judicial body charged with the
responslbllity 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 gran4 including; (i) All "direct charge' employees;
(ii) all "indirect charge" employees unless Meir Impact or Involvement is
insignificant W 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 paWdl. This definition does not include
workers not on the payroll of the grantee (e.g., volunteers, even d used to meet
a matching requiremerH; consultants or independent contractors not an the
grantee's payroll; or employees of subrech ients or subcontractors in covered
workplaces).