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HomeMy WebLinkAbout2004-05-10 04-134 RESOLVEItem No. 04-134 Item/Subject: RESOLVE Assuring and Certifying the City's Compliance with Certain Realuirements for Community Development Fonds Responsible Department: Community& Economic Development Community Development regulations require that the City certify it will comply aids the laws and regulations of the Comnranity, Development Block Grant Program contained in "Attachment A" of this Council Resolve. Department Head Mange Comments: pal City Manager Associated! Information: lkml City Solicitor Inn=adfor Passage _ Fust Reading Page _ of _ Referral °j assigued to consultor Caslirell May lo, stool CITY OF BANGOR (TITLE.) Resolve, Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds By the CRY lounc rl Ofthe Ory of Ban,Or RESOLVED WHEREAS, the City of Bangor wishes to submit a Consolidated Housing and Community Development Plan for Community Development Block Gran[ Entitlement funds wder Title I of the Housing and Commodity Development Act of 1974; and WHEREAS, Section 104 of firs Housing and Commodity Development Act of 1974 and Section 570.303 of Tide 24 ofthe Code of Federal Regulations require that certain certifications odd assmwces be given by the City of Bangor; NOW, THEREFORE, BE TT 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�laa e&g0LY8 (TITLE,) A sgLng am ce�tiiylag the city's Complievice vlth Cextafa gegeftmeeta foi �ty 0 elO ut Wada g gnedto Councilor 06-136 Attachment A CERTIFICATIONS )n accordance with the applicable stamtm and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Rousing— Thejurisdiction will affirmatively further fair housing, which means it has conducted an analysis of impediments to bar 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. Antt-0isplacement and Relocation Plan— It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance add! Real Property Acquisition Policies AIX of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti -displacement did relocation assistance plan required under section 104(d) of the Housing and C am umLy Development Act of 1994, as amended, in connection with my activity assisted with bonding under the CDBG or HOME programs. Drug Free Workplace— It will or will continue in provide a drag -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or me of a controlled substance is Prohibited in the grantee's workplace and specifying the actions this will be taken against employees for violations of such prohibition; 2. Fstablishho an ongoing drag -free awareness program toam= employees about - (a) The dangers of drug abuse in the workplace; (b) The gunce's policy of maintaining a ding -free workplace; (e) Any available drug connecting,rehabilitation, add 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 giant be given a copy of the statement retained by Paragraph 1; 4. Notifying the employee in the statement inquired by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and 04-134 Attachment A 2 (b) Notify the employer m writing of his or her conviction for a violation of criminal drug actions occurring in the workplace no later than five calendar days after such conviction; 5. Notifying me agency in writing, within ren calendar days new receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees mus(pmvide notice, including position tide, ta every grant officer or enter designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a camal point for the receipt of such notices. Notice shall include the identification numbers) 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 persomel action against such an employee, up to and including nomination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (b) Requiring such employeeto participate smisfsctaNy in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, Stare, or local health, law enforcement, or other appropriate agency, 7. Making a good faith effort to continue ta maintain a drug -flee workplace through implementation of paragraphs 1, 2, 3, 4, 5 no 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 or 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 coming into of my cooperative agreement, and the intension, continuation, renewal, amendment, or modification of any Federal contract, grant, tom, or cooperative agreement; 2. If my funds other than Federal appropriated fonds have been paid in will be paid no any person for influencing or attempting m influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this Federal contrmn, grant, lom, or cooperative - agreanent, it will complete and submit Stallard Form -LLL, "Disclosure Form m Report Lobbying:'in accordance with its instructions; and 04-134 AttachsoentA 3 3. It will require that the language of paragraphs 1 and 2 of this codification be included in the award documents for all oubawasds at all tics (including subcontracts, subgrents, and contracts under grants, loans, and cooperative agreements) and that all suhrecipients shall certify and disclose accordingly. Authority of Jurisdiction — The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carryout the programs for which it is seeking funding, in accordance with applicable HUD regulations. Coosistmcy with plan —The housing activities in be uvdetteken with CDBG, HOME, ESG, and HOPWA fords are consistent with the strategic plea. Section 3 — It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFA Pan 135. May 11.2004 Signature /Authorized Official Title Oil -134 AttaclwentA 4 Specific CDBG Certifications The Eafitlement Community certifies that: Citizen Participation– It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CER 91.105. Community Development Plan– Its consolidated housing and community development play identifies community development and housing needs and specifies both short-term and long - Rim community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24570.2 and CFR 24 Part 570). Following a Plan– It is following a c rro t consolidated plan (or Comprehensive Housing Affordability Strategy) that bas been approved by lIUD. Use of Funds– It has complied with the following criteria: 1. Maximum Feasible Pr. ombr.. Withrespmwactivitiesexpmtedtobeassisted with CDBG fonds, it rectifies that it has developed its Action Plan so a; to give maximum feasible priorityto 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 certifies are designed to meet other community development n«ds having a particular urgency because existing conditions pose a serious and immediate threat an the health or welfare of the community, and other fnumnal resources we not available; 2. Overall Beach. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2003-2005 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a rawer that ensures that at least 70 percent of the amount -- - —"— is expended for convince that benefit such persons during the designated period;_ _ 3. Special Assessment s.It will not attempt to recover coy capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount mount 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. However, if CDBG fonds are used to pay the proportion of a file or assessment that relates to the capital costs ofpublic improvements (assisted in pan with CDBG funds) financed Gam other resume sources, as assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. 04 -134 Attachment A 5 The jurisdiction wi6 nm mosempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, whso; CDBG funds are used to pay the proportion of fee or assessment attributable to the capital casts of public improvements financed from other revenue mature. hi this case, an assessment or charge may he made against the property with respect to the public improvements financed by a source other than CDBG fonds. Also, in the case of properties owned and occupied by moderate-incame (not low-income) families, an assessment or charge maybe made against the property for public improvements financed by a source other than CDBG fords if the jarour iction certifies thin it lacks CDBG funds to rover Ne assessment. Excessive Force—It has adopted and is enforcing 1. A policy prohibiting the we of excessive to= by law enforcement agencies within its jurisdiction against any individuals; engaged in non-violent civil rights demonstrations; and 2. Apolicy of enforcing applicable State and local laws against physically barring enhance to or exit form a facility or to recon which is the subject of such non-violent civil rights demonshutions within its jurisdiction. Compliance With Antl-d(scrimidatiao Laws —The giant will be conducted and administered n conformity with title VI of me Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint —Iter notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the mquiremenis of 24 CFR ¢570.608. Compliance with Laws—ltwilloomplywithapplicablelaws. - Mav 11, 2004 SignatmelAwhonzed Official City Martmer Title 04-134 Atfachmenst A 6 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Careftcation This certification is a material representation of met upon which reliance was placed when Us transaction was made or banned into. Submission of this certification is a prerapgisite for makingwmmangwtothistransactionimpos bysmtim1352, title 31, U.S. Code. Any pneon who fails to file the required ratification shall to subjen 0 acivil penalty of not less than $10,000 and not more that $100,000 for each such failure. B. Dm¢ -Free Workplace Certificall 1. By ageing andrm submitM1ng this application or grant agreement, the Burning is providing the certification. 2. The purification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the penmen Imowingly rendered a false cnlifmfion, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition many other remedies available to she Federal Government, may take action authorized under the Drigg -Free Workplace Act. 3. For graters other man individuals, Alternate I applies. (This is the information to which jumadictima entity) 4. For insiders who are individuals, Alcemate Bapplies. Mot epplicablejurisdictimm) 5. Workplaces under gunts,for pontes offerthm individuds, need not be identified on the certification. Iflmown, they maybe idmtifaed in the grant application. If the grantee does net identify the workplaces at the tions¢ of application or upon award, if there is no application, the gantee most keep the identity of In workplaces) on file in its office and makcthe information available perpetual inspection. Failure to identify dl known workplaces consultants a violation of the garma's drag-ffm workplace requirements. 6. Workplace identifications must include die actual address o£bdlditip(or pmts of buildings)or other sites where work under me gent takes place. Categorical descriptions may be used be. g., all vehicles of mass transit authority or State highway department while in operation, State employees in each local unemployment office, patterning in concent hafts or radio stations). ], hiWe workplace identified rofive agenry, changes during the performance of the gays, the produce shill inform the agency, of the change(s), if it previously Idbatifted the workplaces in quesfim (see pmagmph five). o LU Attachment A 8. The gromse may insert in the space provided below the site(s) for do performance of work done N cowection wim the specific gronk Place of Performance (Street address, city, county, ante, zip code) City llml 73Harlow Saves. Tranwor, Pei Main;W401 Public Works Bldg., Illinois Ave Bang". Penobscot Maine 04401 Vehicle adGars Illinois Broad, Penobscot Maine 04491 IgrTk Woods Tornitionm Nendr, HpIling Drier person, PenobavrrlI Check _ if there are workplaces on file that are not identified here; The certification with regard t0 se drug-aee workplace required by 24 CAR part 2R, subpart F. 9. Definitions of terms in se Nonprocurement Suspension and Debarment common mle and Drug -Free Workplace common rule apply W Nis certification. Granmes' attention is called, in particular, to Ne following definitions Sun these rales: "Controlled mbstunee" means a controlled mbstance in Schedules I through V of Me Controlled Substances Ad (21 U. S.C. 812) and as further defined by regulation (21 CPR 1308.11 through 1308.15} "Conviction" means a finding of pill (including a plea of nolo contendere) or imposition of sentence, or lids, by my judicial body charged with the responsibility to determine violations of se Federal or Side criminal drug stables; "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 Soudan directly engaged in Ne performance of work under a grant, including: (i) All "direct charge" employers; (i i) all"indirect charge" employees unless their impact or involvement is insignificant to the performance of the greon and (fill temporary persmmel and consultants who are directly engaged in Me perfiducandt ofwork under the grant and who ere on se grantee's payroll. This definition does not include workers not on the payroll of*0 gronne (Ogr, volunkeM even ifused to meet a nwtching ref irement consulmnta or independent wntmctots not on Me grantee's payroll; or employees ofsubrecipiems or subcontractors in covered workplaces).