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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 kr �� 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, - IMIL3:II II X �✓—.Rt R E S O Lfi^E (EELLEJ daeor£nq and Certifying the City'e,. Compliance v£th Certain Eegn£rementa tor Comity Oeveloomnt Rwde Y i' I h nnpm m comm¢. CU A , 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).