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.
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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.
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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).