HomeMy WebLinkAbout2005-05-09 05-143 RESOLVECIL ACTION
Item ft 05-163
Date: Mavg,2005
Item/Sub/ex RESOLVE Assuring and Certifying the City's Compliance with Ctmin
RNunemems for Community Development Funds
Responsible Deparhne.M: Community & Economic Development
Commentary:
Community Developmmt regulations; retimm that the City certify it will comply wi%me laws and
regulations of the Cau muraty ]kvelopmeat Block Grant Pmgmm contained in "Attachment A" of this
Council Resolve.
Manager's Comments:
Associatedinformation: Cav+t Qe aflahs
Budget Approval
�r
_ Passage
_First Reading Page _ a
Ref smal
05-143
Assigned to Councilor naaes Na➢ 9. 2005
CITY OF BANGOR
(TITLE) Resolve, Assioungand Cernfyingthe City's Compliancewith Certain
Requirements for Community Development Fonds
ffy me co Lound/ of the Gtyofevngor
RESOLVED
WHEREAS, the City of Barger wishes to submit a Consolidated Housing and
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 Development Act of
1974 and Section 570.303 of Title 24 ofthe Code of Federal Regulations require that certain certifications
and assurances be given by the City of Burger;
NOW, THEREFORE, BE U RESOLVED, BY THE CITY COl1NCB, OF THE
CITY OF BANGOR THAT the City of Bangor hereby assures end certifies that it will comply with the
assurances for the Consolidated Plan Certifications attached hereto as "Attachment A" and consisting of
ower (7) numbered pages.
IP CRY COUNCIL
May 9, 3005
ed
CLT3 CLRR,:
# 05-163
RESOLVE
(TITLE,) Aaeurto8 evd cetcifyi the City
at
Coo tyegTevelot A ds em
AssigO to Councilor /9.LAU=
owl
O9-143
Attachment A
CERTIFICATIONS
In accordance with dee applicable statutes and the regulations governing the consolidated plan
regulations, thejurediction certifies that
Atfirmadvely Further Fav Housing— The jurisdictionwill of amitively father fair tiousing,
wbich means it has conducted an analysis of impediments to fe r housing choice within the
jurisdiction, will take appropriate serious to overcome the effects of any impediments identified
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 Unmornr Relocation Assurance and Real Property Acquisition Policies Act
of 1970, as amended, and implementing regulations at 49 CFR 24; and it bas in effect and is
following a residential coal -displacement and relocation assistance plan required under section
IN(d) of the Housing and Community Development Act of 1974, as amended, in connection
wide any activity assisted with fording under the CDBG or HOMB programs.
Drug Fra Workplace —It will m will continue W provide a drug-free wic:144ace by:
1. publishing a statement notifying employees that the unlawful manufacture, distributing
dispeosmg, possession, or use of a centtolled substance is lembibited in the greater's
workplace and specifying the actions that will be taken against employees for violations
of such pribibition;
2. Fstablishing an ongoing drag -free awareueasprogram toinform employees mout-
(a) The danges of drug abuse the workplace; -
(b) The income's policy of maintaining a drug-free workplace; -
(c) Any available drop counseling, rehabilitation, and employee assistance
Programs; and
(d) The Penalties deet may be imposed upon employees for drug abuse
violations occurring in the workplace;
3. Making it a requirement OW each employee b be engaged in the performmvz of the grant
be given a copy of flue uncertain required by paragraph l;
4. Notifying me employee in the statement required by paragraph l deaS as a condition of
employment ands dee proms the employee will -
(a) Abide by the toms of dee statement; and
0s 4013 -
Attachment A
2
(b) Nofi"e employeria writing of his or her conviction for a violation of
criminal drug statute occurring in the workplace no later than five calendar
days after such convicmn;
5. Notifying the agency in writing, within in calendar days atter receiving nofice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide nofice, including position
title, re every gram officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a c ,mal point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
Pint
6. Taking care ofthe following set iam, within 30 calendar days ofrxeiving notice under
subparagraph 4(h), with respect re any amployce who is so convicted-
(a) Taking appropriate persowel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Ad of 1973, as amended, or
(b) Requiring such employeeto participate satisfactorily in a drug abuse
assistance or rembitiretion program approved f such purposes by
Federal, Situ, or local health, law enforcement, or otlur appropriate
agency;
]. Making a good faith effort to continue m maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Antl-Lobbying— To the best of thajuriedicfion's knowledge and belief
L No Federal appropriated funds have bem paid or will be paid, by or on behalf of it, to any
person far influencing or attempting to influence an officer or employee of my agency, a
Matsu of Congress, an officer or employee of Congress, or an employee of Member
of Congress in mountain with the awarding of any Federal cw ac% the making of my
Federal grant, the making of any Federal lour, the mining into of my cooperative
agreement, and the entmsion, coraiandom renewal, amendment, or modification of my
Federal commot grant, loan, or cooperative agreement;
2. If my foods other than Federal opinionated fonds have been paid or will be paid to my
person frr adhering or attempting to influence an office or employee of my agency,a
Member of Congress, an officer or employee of Congress, or an employee of a Member
ofCongress m coMmnon with this Federal contact, grant, low, or corporative
agreement, it will complete and submit Standard Form -LLL, "Disclosure Two to Report
lobbying." in accordance with its instructions; and
Attachment A
3
3. It will tesitre that the language ofparagmphs 1 and 2 of this cartification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contacts under grants, lomu, and ca pemtive agmanerns) and tout all subrecipients shall
certify and disclose accordingly.
Authority of Jurisdiction — The consolidated plan is auNoriz under State and local law (a
applicable) and th a jurisdiction possesses the legal authority m carry out toe programs for which
it is seeking funding or accordance with applicable HUD regulations.
Consistency with plan —The housing activities to he undertaken with CDBG, HOMF, ESG,
and HOPWA funds are consistent with the strategic plan.
Section 3 —It will comply with section 3 of the Housing and Urban Development AIX of 1968,
and implem^en/ting regulations at 24 CFR Part 135.
May 11 &5
Signature, /Authorized Official
Citymanozer
Title
05-143
Attachment A
4
Speril'm CDBG Certifications
The Entitlement Community certifies that
Oman Participation- It is m full compliance and following a detailed citizen participation
plan that satisfies the recommends of 24 CFR 91.105.
Community Development Plan - Its consolidated housing and community development plan
identifies community, development and housing needs no specifies both short-term and long-
term community development objectives that provide decent housing, expand economic
opportunities prhnadyfor persons of low and moderate income. (SeeCFR24570.2amd CFR
24 Part 570).
Following a Plan- It is following a current consolidated plan (or Comprehensive Housing
Affordability Stlategy) that has been approved by RUM.
Use of Foods -It bas complied with the following criteria
1. Maximum Feasible Priority. With respect to activities expected to be assisted with
CDBG funds, it certifies that it has developed its Action Plan so as to give maximum
feasible priority to activities which benefit low and moderaft Wine families or aid in
thepre mfionoreli mafionofslumsmbhght The Action Plaamayalsousclude
activities which the grantee cerfifies 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. M eml Benefit The aggregate use of CDBG f ds including section I08 guaranteed
loans during program year(s) 2003-2005 (a period specified by the grantee consisting of
one, two, of three specific consecutive program years), shall principally benefit persons of
low and moderate income In a merger that easmes that attend 70 percent of the amount
is expended for activities that benefit such persons during the designated period;
3. Special Assessments. It will not amernpt to recover any capital costs of public
improvements assisted with CDBG fonds 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 CDBG funds are used to pay the proportion of a Re or assessment that
relates W the capital costs of public improvements (assisted in part wide CDBG funds)
financed from other revenue sources, as assessment or charge may be more against the
property with respect W the public improverventa financed by a source other than CDBG
hands.
05-143
Attachment A
5
Thejurisduarin will not attempt b recover any capital casts of public improvements
assisted with CDBG funds, including Section 108, unless CDBG fords are used to pay
the proportion of lee or assessment attributable m the capital costs of public
my
be matle against
th prvothtt with
respect Loth public case, improvement
firm nal bya
maybe made againstthe property with respectsethe roper improvements financed bya
sourcederautha than CDBG [ends. Also, in the case sesame properties owned and be unted by
marls
mainst the poll a (not low -Income) families, an assessmentor
source
may m made
against the property for public improvement financed by a source other then CDBG
funds if thejorisdiction certifee that it lacks CDBG funds m cover the assessment
Excessive Force — It hes adapted and is enforcing:
1. Apolicy prohibiting me use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in von -violent civil rights demonstrations;
and
2. A policy of enforcing applicable Smte and local laws against physically barring entrance
m m exit form a facility or location which is the subject of men non-violent civil right
demonstrations within its jurisdiction
Compliance With Anti-0iscrimivaOon Laws—The grant will be conducted and is mmistemd
in conformity with tide VI of the Civil Right Act of 1964 (42 USC 2000d), the Fav Housing Act
(42 USC 3601-3619), and implementing regulations.
Lead -Based Paint —It notification, inspection, testing and abatement procedures concaving
lead-based paint will comply with the requirement of 24 CFR §570.608.
Compliance with Laws—itwincomplywithapaucabletws.
q( th (' May 11.2005
Sigoatwe/Authorized Official
Title
B5-143
Anachmmt A
6
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNWG WBBYING AND DRUG-EREE WORKPLACE
REQIIIREIvIENTS:
This certification is a contend representation of fact upon which reliance was placed when this
tramsmdov was made or entered into. StbmmionoftWs ficadmisapreralo mfor
making oc mterimg into tlds transannom imposed by section 1352, fide 31, D.S. Code. Any
person wbo £ails to file the outfitted cwtificanon shall be subject to a civil penalty of not less
than $]0,000 Wnot more thus $100,000 for each such failure.
B. Dong -Free Wortnlace Certification
1. By signing and/or submitting this application or grant agreement, the gains is providing
the certificaum. -
2. The cernfirztion is a material represwmtimn offnct upon which reliance is placed when
doe agency awards the grant Vit is liter deiermined that the gmacee knowingly rwdael
a false certification, or aflus c violates the requirements of We Drug -Free Workplace
Act,BBfi, in addition to any older remedies available to flim Federal vmu sm, may
take action m[bwiz«l under the Drug -Free Workplace Act.
3. For gantess other dun individuals, Alternate l applies. (This is the irSormatlon 0 which
junsdictioms certify.)
4. For gaatas wbo are individuals, Alternate R applies. Mot applicabiejurisdictims.)
5. Workplaces under gants, for gmtees other tour individuals, need nor be identified on
toes not identify
dentif Ifkmowmdsey maybee ofapplimthegoutapplication. fther isM
does not n,the ldoeworkplacesgi u, timety oft owork,oruponaward,ifts office tip
and icadogthegmnae mumkeepfoidentity oftheworkplaces) on ide iti its]crossirr
and make the information available for Federal us dingm. Failure a identify allomr.
workplaces constitutes aviolation of flue gtmtm's ding-freeworkplace requvemmta.
6. Workplace identifications must include 0e actual address ofboildings(m parts of
boldings)orother sites where work order the grant takes place. Qmgwical
descriptions maybe used (e.g., all vehicles of mass transit minority or Sure highway
department while in operation, Sante employees in sucL local mmryloymwt office,
pecimmew in concert halls or radio statiosu).
T If the workplace idmtibid to the agency clumps during the perfomuace of the grant,
the licorice shall W m the agency of It change(s), if it previously idmfified the
workplaces m question (rem paragraph five). .
O5i43
Attachment A
7
8. The grames may insect m the space provided below the ade(s) for the perfommnce of
wink dove hr connection with me elrecific gr=c:
Place of Perfosmeuce(Sieet address, city, county, somazip rode)
Cup Hall, 73 jfarlow, Stroart. Bodnar, Pentfisant. Nitaine 0401
Pablic Works Bldg- IIllinois Ave. d, permissions, Maine 01,101
Vehicle IvLaint, Gazage, Morris Ave.,Bandon, Penobscot Nhing 04401
Park Wols; Transitional Neigh.Bollum Elive, Bandor. Peronamot person 04401
Check ifibere are workplaces on file first are not identifiml here; The certification
wiN regard to the drug-free workplace respond by 24 CAR part 14, sobparl )F.
9. Definitions of unable m me Nonpmcurwent Suspension and Debarment common rule
and Doug Free Workplace common rule apply to this certification. Grmtms' atkntim is
called in Particular, to the following definitions from mese rales:
"Controlled substance" means acon rollei substance in Schedules i through V of the
Gmtrolled Substances Act (21 USC. 812) and as father defined by regulation (21 CPR
1308.11 through 1308.15);
"Convkdon" meare a fending ofOlt (including a Plea of nolo contenders) or
imposition of sentence, or both, by my judicial body charged with the responaibilitym
demrudm violations of the Federal or State criminal drug datums;
"Crlmmal drug stat=te" mems a Fail or non -Federal criminal same involving the
manumdmq distribution, dispeosin&use, or poasessim of any controlled substance;
"Employee" mems me employee of Stallard directly engaged m me performance of
work order a grant, inducing: (i) All'Ired charge" employees; (it) all "indirect
charge" employees =less mew impact or involvement is insignificant to the performmcc
of me gram and (iii) temporvy personnel and consultants who are directly engaged in
the performance of work wader me grant and who are on me gmma's payroll. This
definition does not include workers mot on me payroll of the grates (0,9 , volumed,
event ifuaW to meat a marching re9virernert; consultants or independent contractors not
on the gra es's payroll; oremployees of subacipiems or subcontractors m covered
workplaces).