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HomeMy WebLinkAbout2003-05-12 03-156 RESOLVEItem No. 0}156 �'+ Pifer Item/Subject RESOLVE Assuring and Certifying the City's Compliance with Certain Requirements for Community Development pends Responsible Department: Community& Economic Development Community Development regulations require that the City certify it will comply with the laws and regulations ofrM Community Development Block Chant Program contained in "Atmchment A" ofUtis Council Resolve. City Manager Associated Information: O, ", Budget Approval: Rnance Director Legal Approval: Itirpced for �i passage _ First Reading page _ of Referral 03-156 Assigned to Councilor Rohmv May 12. 2003 CITY OF BANGOR (TITLE.) Re601ve, Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds Sy the City Coundl of the Oty ofBangor: RESOLVED WHBRBAS, the City of Bangor wishes to submit a Consolidated Housing and Community Developm mt Plan fm Community Development Block Grant Entitlement Ponds order Tide I of the Housing and Community Development Aa of 1974; and WHEREAS, Section 104 of the Housing and Community Development AN of 1974 and Section 570.303 of Title 24 of the Code of Federal Regulations require that certain certifications and assurances be given by the City of Bangor; NOW, THEREFORE, BE IT 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 assurences for the Consolidated Plan Certifications attached hereto as "Attachment A" and consisting of seven (7) numbered pages. PA CIS4 COOPCIL May 12. 2003 Panaed CI CL89& RESOLVE (TITLE) Assuring and Certifying the City's Cospliance with Certain H uirements for Comity Development Funds FsOgned to to Csuntgar d '1`G^l 9 a9-156 Attachment A 1 CERTIFICATIONS )n accordance with the applicable southern and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affumafively Further Fair Housing— The jurisdiction will affirmatively further fair housing, which means it has conducted an analysis of impediments t fair housing choice within the jurisdiction, will take appropriate actions in overcome the effects of any impediments identified through that amalysis, and maartaws records reflecting that analysis and actions in this regard. Andi-displacement and Relocation Plan —R will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 21; 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 1974, as amended, in connection with any activity assisted with funding under the MME or HOME programs. Drug Free Workplace — It will or will continue to provide a drug-free workplace by: I Publishing a statement notifying employees thatihe unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violations ofsuchmodibition; I Establishing an ongoing drug-free awareness program to im'armemployees about - (a) The dungerns of drug abuse in the workplace; (b) The grandee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Makin it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement retched by paragraph 1; 4. 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 statemerm and 03-156 Attachment A 2 (b) Notify the employer in 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 conviction; 5. Notifying the agency iv writing, within unt cidwdar days after receiving notice undeu subparagraph 4(b) from an employee or otherwise receiving acetal notice of such conviction. Employers of convicted employees must provide nomse, including position title, to every giant officer or other designee on whose giant activity the convicted employee was working, unions the Federal agency bas designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking care of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect many employee who is so convicted - (a) Taking appropriate persomrel action against such an employeq up to and including texim ion, consistent with the requvementa of the Rehabilitation Act of 1973, as amended, or (b) Requiring such employee to participate satisfactorily in aflrug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, in local bealth, law enforcement, or other appropriate agwxyID 1. Making a good faith effort to continue to maintain a drug-free workplace through implementation ofpmagraphs 1, 2, 3, 4, 5 and 6. - Anti -Lobbying -To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds here been paid or will be paid, by or on behalf of it, on 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 as employee of a Member of Congress in correction with 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, mmodificaeon of any Federal contract, giant, Ion, or wopemtive agreement; 2. If my funds other that Federal appropriated funds have been paid or will be paid to any person for influencing or atmnpting to influence an officer or employee of my agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Itis Federal contract. grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions; and Attachment A 3 3. It will require that the language of paragraphs 1 and 2 of this certification be included in the award documents for all subawmds at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall cedify 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 carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with CDEG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3— It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CIT. Part 135. May 13 2003 Signature /Authorized Official City Manager Title 03-156 03-156 Attachment A 4 Specific CDBG Certifications The Entitlement Community ratifies that: Often Participation- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Constantly Development Plan- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short term and long - man community development objectives that provide decent housing, expand economic opportunities primarily fm persons of law and moderate income. (See CFR 24590.2 and CFR 24 Fort 590). Following a Plan - It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) Nat has been approved by HUD. Use of Funds- It has complied with the following without: 1. Maximum Feasible PrimiN. With respect W activities expected lobe assisted with CDBG funds, it certifies Nat it has developed its Action Plan so as to give maximum - feasible priority W 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 cmtifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat W the health m welfare of the community, and other financial resources we not available; 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during popgam year(s) 2001 (a period specified by the grantee consisting of ore, two, or three specific consecutive program yeas), shall principally benefit persons of low and moderate income in a mariner that emotes that at least 70 percent of the amount is expended for activities that benefit such persons during the designated pend; 3. Spacial Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 him guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fce charged or assessment made as a condition of obtaining access W wish public improvements. However, if CDBG funds are used W pay the proportion of a fee or assessment that relates W the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenuesources, an assessment or charge may be made against the property wit respect W the public improvements financed by a source other than CDBG funds. 03-156 Attachment A 5 The jurisdiction will not attempt to recover any capital casts of public improvements assisted with CDBG funds, including Section 108, unless CLOG fords are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements Bmancd from other revenue sources. In this use, an assessment or charge may he made against the property with respect in the public improvements financed by a source other than CORO funds. Also, in Ne case of properties owned and occupied by mademte-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 me jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force — it has adapted and is enforcing I . A policy prohilimm; We use of excessive form by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring enhance in or exit form a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Compliance With Anti -discrimination Laws —The great will be conducted and administered in conformity with title A of the Civil Rights Ad of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint —Its notification, inspection, mating and abatement procedures concerning lead-based palm will comply with the requirements of 24 CFR §570.608. Compliance with Laws — It will comply with applicable laws. May 13.2003 Signaturu/Authons ed Official City Manauer Title 03-156 Attachment A 6 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certifcation This certification is a material representation of Dot upon which reliance was placed when this transection was node or entered into. Submission of this cwtificatioa is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more then $100,000 for each such failure. B. Drug -Free Workplace Cerffcadon 1. By signing andror subtam ing this application or gnat agreement, the grantee is providing the catifcttion. 2. The certification is a materal representation of fact upon which reliance is plarol when the agency awards the grant. If it is later dearrouned that the gm[ce knowingly venderW aUse certification, or otherwise violates the requirements of the Doug -Fra Workplace Act, ITUD, in addition to any other remdies available to the Federal Govemment, may take action authorized under the. Drug -Free Workplace Act. 3. For gmnmes other then individuals, Alternate l applies. (This is the information m which jurisdictions cmify) 4. For grentres who are individuals, Alternate 11 applies (Not applicable jurisdictions) 5. Workplaces under ®ante, for grantees offer then individuals, natl not be identified on theoertificetion. ff nowm,theymaybeidmbfiWinffegmntapplicadon. Ifthegrmtee class not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file m its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grmrtee's drug -fee workplace requirements. 6. Workplace identifications must include the actual address of buildings (of pans of buildings)orothm sites Mtge musk under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of mass transit authority or State highway dcparanent while in operation, Sate employees in each local unemployment office, performers in concent halls or radio stations). 7. If the workplace identified to the agency changes during the performance of the gmnR the gantce shall inform the agency of the change(s), if it previously idmtifiW the wmkpaces in question (see paragraph five). 01—t5fi Appointment A 7 8. The grantee may Insert in &a space provided below he site($) for the performorU of work done in correction with the speck grant: Piece ofPerfomunU (Street address, city, county, slate, zip code) Cite Hall 73 Hmlow Sheet Bavem Penobscot Maine 04401 Pubic Works Bldg Illwom Ave Bureau Penobscot Ivlame 04401 Vehicle Mainz Garage Illinois Ave Baunar. Penobscot Maine 04401 Park Woods Transitions]N i Bolling v Buena, Penobsmn Burnam 04401 Check_ if them are workplaces on file that we not identified here; The certification with regard to the drag -firm: wmkplzce required by 24 CAR part 7A, subpart F. 9. Definitions of terms fir We Nonprocumment Suspension and Debarment common onto and Dmg-Free Workplace common rule apply to this cw5lcmion. Grantees' attention is called, fir particular, tothe fallowing definitions from these rules: "Controlled substance" means a controlled subnance in Schedules I dsrough V of the Controlled Substances Act (21 U.S.C. 812) and as fuller defined by regulation (21 CPR 1308.11 tbmugh 1308.15); "Conviction" means a finding of guilt (looming a plan of nolo contendere) or imposition of sentence, or both, by any judicial body charged whir the responsibilitym dermorl violations of the Federal or State criminal drop sonatas; "Criminal drug statute" means a Federal or non -Federal criminal statute involving me mawfacmre, distribution, dispanairtg,use, or possession of any controlled subsmnU; "Employee" means the employee of grantee directly engaged in me performance of work order a grom,prancing. (i)A11'doper charge"employees;(ii) all"indireU charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in me performance of work under the grant and who are on the grantee's payroll. This definition aces not include workers not on the payroll of the gremee (e.g, volunteers, over if wed to meet a munching requirement; consumers or independent wntrattms not on the mamm's payroll; m employees of subrecipients or subconvamms in covered workplaces).