HomeMy WebLinkAbout2002-05-13 02-192 RESOLVEItem No, 02-192
Date: Mev 13,200
Item/Subject: RESOLVE Assuring and Certifying the City's Compliance with Certain
Requirements for Community Development Ftnuis
Responsible Department: Community Q Economic Development
Commentary:
Community Developrvent regulations require that the City certify it will comply with the laws
and regulations of the Community Development Block Grant program contained in "Attachment A" of
this Council Resolve.
Manager's Comments:
Clry Manager
Associated Information: KWhtOpei
Budget Approval:
Finance Director
Intr tluced for
Pas age
First Reading Page _ of
Referral
02-192
"signed Co Cooacilor Raldacei May 13, 2002
CITY OF BANGOR
(TITLE.) Resolve, Assuring and Certifying the City's Compliance with Certain
Requirements for Community Development Funds
By ivse Qly CiaundlOfIf1P cry Of sanga-
REM PED
WHEREAS, the City of Bangor wishes to submit a Consolidated Housing and
Community Development Plan for Community Development Block Grant Entitlement funds under Tide
I of the Housing and Community Development Act of IW4; and
WHEREAS, Section 104 of the Housing suit Community Development Act of
1974 and Section 570.303 of Title 24 of the Code of Federal Regulations require that cedant
certifications and assonances 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
assurances for the Consolidated Plan Certifications attached hereto as "Attachment A" and consisting of
seven (7) numbered pages.
IN CITY COMM
May 13, 2W2
Pass"
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c1 cceae x e s n L are
(TITLE,)so ,.i„e god nst;ryt..o the city's
coli ce wict certain Hegelreueats for
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Attachment A
6
INSTRUCTIONS CONCERNING IABBYRJG AND DRUG-FREE WORKPLACE
REQUIREMENTS:
This emigration is a material representation of fact upon which reliance was placed when this
Momentum was made or entered Into. Submission of this codification is aprcrcquisite for making
r mteriag into this tavesction imposed by section 1352, fitle 31, U.S. Ccde. Any person who
fails to file the required ratification shall be subject to acivil penalty of not less thm $18000
and not more thm $100,000 for each such fv'lure.
1. By signing motor submitting this application or gnat agreement, the gaatm is pmvidiW
the certification.
2. The orrification is a material representation of fact upon which reliance is placed when
the agency awards the grant, If it is lata detvmwed that the generates knowingly rendered
a false cenification, or otherwise violatea the requirements of Me Drug -Fere Workplace
An HUD, m addition to my other manages available b the Federal Cinnaminson, may
take action authorized murder the Dmg-Free Workplace Act
3. For grenrees other part individuals, Ahmam l applies. (This is the inf tion to which
judsdictims ocifify.)
4. For grantee; who are individuals, Altmmte 11 applies. Mot applicable jurisdictional
5. Workplaces under games, far grmtws other than individuals, need not be Identified on
the certification. Ifkvown, thry may be identifiedm the grant application. Ifthe gimme
does not identify the workplaces at the lime of application, or Won award, if there is no
application, the grentce must keep the ideality of the workplace(;) on file in its office and
make the information available for Federal inspection. Failure to identify all known
workplaces countries a violation of the green's drug-free workplace requimmma.
6. Workplace identifications most include the actual addrces of buildings (or pens of
buildings) or other sites where work motor the great lakes pine. Categorical descriptions
may be used (e.g., all vehicles of mess Mount authority or State highway department
while in apemlion,Stan employees in each local unemployment office, i in
concur balls or radio stations).
7. If the workplace idemifted to the agency changes during the performance of the pant, tee
grantee and inform the agency of the change(s), if it previously identified the
workplaces in question (see paragraph five).
8. The grantee may insM in the apace provided Mow the sites) for the performance of
work done in correction with the specific grant
Attachment A
7
Place of Perfonomce (Street address, city, county, gone, rip ends)
Check if there are workplaces on file the art not identified here; The certification
with regard to the drag -free vrorkplace re Lund by 24 CAR part 24, subpart F.
9. Defw'tions of terms in the Nonpmcuremmt Suspension and Debarment enmmon role
end Drug -Free Workplace common rule apply to this certification. Chanters' attention is
called, in particular, to the following definitions from Nese roles:
"Controlled substance" means a controlled substance in Schedules I through V of the
Controlled Substances Act (21 D.S.C. 812) and as fuller defined by regulation (21 CFR
1308.11 through 1308.15);
"Convletlon" means a fiuding of pill (including aplea of nolo comendere) or
imposition of sentence, or both, by any judicial body chnrged with the responsibility to
determwe violations of the Federal or Stale criminal dreg snntes;
"Criminal drug smmte"means a Fedend or non -Federal criminal stoner involving the
munificence, distribution,dispensing.no, or possession of my controlled substance;
"Employee' means the employee of grant« directly engaged in the perfbrmmce of
work under a gmn4 including: (i) All "direct charge" employecs; (it) all "Mercer charge"
employees unless their impact or involvement is in ignificant to the perfurmmlce of the
grant; and (iii) temporary personnel and consultants who are directly engaged inthe
perfomwnce ofwoh urWcrthe grant acrd wM ere on the gmntee'a payroll.
This
definition does not include workers not on the payroll of the grant« (en., voluntecrq
even if used m meet a matching requirement; consultants or independent convectors not
on the gmnne's payroll; or mploym of subrecipients or subcontractors in covered
workplaces).
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—Thejurisdiction 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 identified
through that analysis, and maintains records reflecting that analysis and actions in this regard.
And -displacement and Relocation flan — It 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 2A; and it bas in effect and is
fallowing a residential antl-displacement and relocation assistance plan required under section
104(d) of the Housing and Community Development Act of 1974, as amended, in correction
with any activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace—It will or will continue to provide a drng-lee workplace by:
1. Publishing a statementnotifying employees deat the unlawful manufacture, distribution,
dispensing, possession, or use of controlled substance is prohibited is 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 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. Making it a raluirement then each employee to be engaged in the performance of me
grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph l that, as a condition of
employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
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;
S. Notifying the agency in wsiting,within her calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such
conviction. Employers ofconvicted employees mustprovide notice, including position
fidc, to every grant officer or other designee on whose grant activity the convicted
employee was working, =less the Federal agency has designated a central point be the
receipt of such notices. Notice shall include fee ideatificafion 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 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 Frogman approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
7. Making a good faith afford to continue 0 maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti -Lobbying —To the best of the juriAction's knowledge and belief.
1. No Federal appmpriated fords have been paid or will be paid by or on behalf of iS to
any person for influencing or attempting to influence an officer or employee of my
agency, a Member of Congress, an officer or employee of Congress, or an employee of
Member of Congress to connection with the awarding of my Federal contract, the
making of my Federal grant, the making of my Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendmrnt, or
modification of my Federal contract, grant, loan, or cooperative agreement;
2. If my funds other than Federal appropriated funds have been paid or will be paid many
person for influencing or attempting an influence an officer or employee of any agency, a
Member of Congrees, an officer or employee of Congress, or an employee of Member
ofCongess in connection with this Federal conhnct, grant, loan, or confutative
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 subawards at all tiers (including subcontracts, subgants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 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 CDBG, HOME, BSG,
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 N CFR Part 135.
Ciry Manager
Title
Aidachmont A
4
Specific CDBG Certifications
The Entitlement Community certifies Nae
Citizen Participation — It is in fall compliance and following a detailed citizen participation
plan that satisfies the requirements of 24 CPR 91.105.
Community Development Plan— Its consolidated housing and community development plan
identifies community, development and housing needs suit specifies both shat -tern and long-
term community development objectives that provide decent housin& eapand economic
oppmtwities primarily for persons of low and moderate income. (See CFR 245/0.2 and CFR
24 Part 5]0).
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 criteria:
1.mreaFe =_ihle Prirnity. 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 be activities which benefit low and moderate -income families or aid in
the prevention or elimination of slow or blight The Action Pian may also include
activities which the grantee certifies are designed to meet other community development
needs having a particular urgency because existing conditions pow a serious and
immediate threat to Ne health or welfare of the commurdty, and other financial resources
are not available;
2. (reran Benefit. The aggregate use of CDBG funds including section 108 guaranteed
loans during program year($)2on0-100 (a period specified by the instance consisting of
one, two, or three specific consecutive program years), shall principally benefit persons
of low and moderate income in a manner that causes that at least 70 percent of the
amount is expended for activities that benefit such persons during the designated period;
3. ❑axial Assesamenc. It will not attempt to recover any capital costs of public
improvements assisted with CDBG funds including Section 108 loan guaranteed [nods
by assessing any amount against properdes owned and occupied by persona of low and
moderate income, including any fa charged or assessment made m a condition of
obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that
relates w the capital costs of public improvements (twisted in part with CDBG funds)
financed from other revenue sources, an assessment car charge may be made against the
property with respect to the public improvements financed by a source other than CDBG
fiands.
Attachment A
5
The jurisdiction will not attempt to recover any capital costs of public improvements
assisted with CDBG funds, including Section 108, unless CDBG hands are used to pay
the proportion of fee or assessment attributable to tlw capital costs of public
improvements financed from other revenue sources. In this can, an assessment or
change may he made against the property with respect to the public improvements
fmanted by a source other than CDBG fonds. Also, in the case of properties owned and
occupied by modems inccme(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 ifthejurisdiction candies that it lacks CDBG funds to cover the
assessment.
Excasive Force — It has adopted and is enfaming:
1. A policy prohibiting the use ofexceaiveforce by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations;
and
2. A policy of anforeing applicable State and local laws against physically burring antrauce
to 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 Lam —The grant will be conducted and administered
in conformity with fide VI of the Civil Rights Act of 1964 (42 USC 20004), the Fav 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 M CFR §5]0.608.
Compliance with Laws —It will comply with applicable laws.
'01"d 0. g May 15.2002
Signature/Authorized Official
Cily Magover
Tide