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HomeMy WebLinkAbout2001-05-14 01-201 RESOLVEnem No. 01-301 Date: Man 14, 2001 Item/Subject: RESOLVE Assuring and Certifying the City's Compliance with Certain Requbemenrs for Community Development Fmds Responsible Deparbnent: Community & Economic Development Community Development regulations requite that me City certify it will comply with me laws and regulations of the Community Development Block Grant Program contained in "Attachment A" of this Council Resolve. Manager's Comments: Fw-� aowaeG City Manager Associated Information: l+�aaC� @[9 Finance Director City Solicbor Intrpduced for Passage _ First Reading Page _ of Referral resigned to cuweilor Crowley May 14, 2001 CITY OF BANGOR (TITLE.) Resolve, Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds By Me 02yCwwloftle 022E ofBjngar.. RESMVEO WHEREAS, the City of Bangor wishes N submit a Consofidated 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 of the Code of Federal Regulations regime flat 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 Ne City of Bangor hereby assures and cerrlfies 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 CITI COUMIL flay 14, 2001 Paseed qs dReR Ln, :.. eesoLye (TITLE,) out certifying the city's Coq,lianee with Certain Requirements for Community leyelopment Funds Assigned to councilor 2 G &,V D1-201 Attachment CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, Nejurisdiction certifies that Affirmatively Further Fair Housing— The jurisdiction will affirmatively further fair housing, which means it has conducted an analysis of impediments to fah housing choice within the jurisdiction, will take appropriate actions an overcome the effects of my 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 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended and implementing regulations at 49 CFR 24; and it has in efiat 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 finding under the CORO or HOME programs. Drug Free Workplace—It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, muse of controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; 2. Establishing as ongoing dmg-free awareness program to int employees about - (a) The dangers of drag abuse in the workplace; (b) The grantee's policy of maintaining a dung -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 requirement that each employee to be engaged in the performance of the 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 grans the employee will - (a) Abide by the arms of the statement; and Attachment A 2 (b) Notify the employer N writing of his or her conviction for a violation of criminal drug statute occurring is the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees most provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grans 6. Taking care of the following mdons, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate peraonnel 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 program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Malang a good faith effort to continue to maintain a drug -flee workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. And -Lobbying —To the but of the jurisdiction's knowledge and belief. L 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 as officer or employ" of my agency, a Member of Congress, an officer or employee of Congress, or an employ" of a Member of Congress in connection with the awarding of my Federal commask the making of any Federal great, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement 2. If any finds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence not 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 comment grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Foran m 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, subgnars, and contracts under grants, liars, 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 in 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, ESG, and HOPWA funds are consistent with the strategic plan Section 3 —It will comply with section 3 of the Housing suit Urban Development Act of 1966, andrnplementing regulations at 24 CFR Part 135. QlawC6( •= may142001 Signature /Authorized Official Title Attachment A 4 Specific CDBG Certifications The Entitlement Community certifies that Citizen Participation— It is in full compliance and following a detailed citizen participation plan that satisfies the oulairements of 24 CFR 91.105. Community Development Plan— Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long- term community development objectives that provide decent housing, expand economic opportunities primarily for parsons of low and moderate income. (See CFR 21570.2 and CFR 24 Part 570). Following a Plan — It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) Wert has been approved by HDD. Use of Raids— It has complied with the following criteria; t. Maximum feasible Poorly 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 modernmincome Rumbas in aid in the prevention in elimination of slums or blight. The Action Plan may also include activities which the grantee certifies 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. Overall Benefit. The aggregate use of CDBG fends including section 108 guaranteed Ions during program year(s) ION -2002 (a period specified by the grantee consisting of ova, we, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a moaner that emsures that at least 70 percent of the amount is upended for activities that benefit such persons during the designated period; 3. SpecialAcaeementa It will not attempt to recover any capital costs ofpublic improvements assisted with CDBG funds including Section 108 Iran guaranteed fonds 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 fee in assessment that relates to the capital cons of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made agai st the PmPerty with respect to the public improvements financed by a source other than CDBG funds. Atmchmm[ A 5 The jurisdiction will not attempt to recover my capital costs of public improvements assisted with CDBG fiends, including Section 108, unless CDBG funds mused to pay the proportion of fee or assessment attributable ro the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public hnproveme arts Bounced by a some other than CDBG funds. Also, is the case of properties owned and occupied by moderate -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 the jurisdiction certifies that it lacks CDBG funds to cover the assessment Excessive Force— It has adopted and is enforcing: I. A policy pmbibiting the use of excessive force by law enforcemmt agencies within its jurisdiction against any individuals engaged in von -violent civil rights demonstrations; and 2. A policy ofenforoing applicable State and local laws against physically barring entrance to or exit Joan a facility or location which is the subject of such non-violmt civil rights demonstrations within itsymisdictiov. Compliance With Anti-discrimivatiov Laws—The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fav Housing Ad (42 USC 3601-3619), and implementing regulations. Lead -Based Paint —Its ramification, inspection, testing and abatement procedures concerning Ind -based paint will comply with the reiuirements of 24 CFR §570.608. Compliance with Laws —It will comply with applicable laws. deyv&/� Z May 14 2001 Signahme7Authonztd Official Title Attachment A 6 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: V M. 11Rd3eSiiiifF.$iR1 This certification is amate ial rcpramgatim offactupon which reliance was placed when this transaction was made or enteredmto. Submission of this certification is a praaluisite for making or entering into this fiumaztion imposed by section 1352, fide 31, U.S. Code. Any persm who fade to file the required certification shall be subject to a civil penalty of not las then $10,000 and not more Wan $100,000 fm eazh such failure. 1. By signing and/or submitting this application or grant agreement, the grantee is providing the cwmficamm. 2. Thecertifimtion is a malarial representation of fact upon which reliance is placed when the agency awards the ging. If it is later determined that We Images knowingly rendered a false certification, or otherwise violates We requvemengs of the Dmg-Free Workplace Act, FUJI, in addition to my other remedies available to the Federal Government, may rake when authorized Where the Dmi Workplace Act 3. For granNea other then individuals, Alternate l applies. (This is the information to which jurisdictions candy.) C For grantees who are individuals, Alternate 11 appdea(Nor applicablejurisdiafiom) 5. Workplaces under Facts, for grantees older than individmis, need not be identified on the certification. If known, they may be identified in the grant application. If the grosses does nes identifythe workplaces at the time of application, or Won awsrd, if there is nes application, the grantee most keep the identity of she workplaces) on file In its office and make the ivf fim available for Federal inapec[im. prince m identify all knowa workplaces constitutes a violation of the gmance's drug -five workplace rega'vemenrs. 6. Workplace identifications must imlude the second address of buildings (or parts of buildings) or other siva where work under the grant takes place. Categorical descriptions may be med (e.&. all vehicda of a mono commit audionty or State highway department while in Worsham State employees in each laced unemployment office, performers in concert balls or radio stations). ]. If the workplace identified to the agency changes during the performance of $a grant, the grntee shell inform the agency of the change(s), Sit previously ideafified the workplaces in question (sen paragraph five). g. The France may been in the specs provided below she slogs) for the pertbmmnce of work done in connection with the specific grant Attachment A 7 Place of Performance (Street address, city, county, slate, zip code) W 9.6 1110=141 Check _ if force are workplaces on file that are not identified here; The certification wiW regard ka the drag -free workplace required by 24 CAR pan 24, subpart F. 9. Definitions of owns w the Nonprocuremad Suspension and Debarment common rale and Drag -Free Workplace common rale apply in this certifratien. Gmvteea' atmtlen is called, in particular, to the following definitions farm these rules: "Controlled substance" means a controlled substance in Schedules I though V of the Controlled Substances Act (21 U.S.C. 812) and as fiuilrer defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of pill (including aplea of role woundless) or imposifion of sentence, or W04 by any judicial body charged with the responsibility to determine violztions of fee Federal or State miminal drag; absence; "Criminal drug smmta" means a Fall in non-Federad criminal stemte involving the manufactmn, distribution, dispensing, use, or possession of my controlled substance; "Employsie'meaos the employm of a grantee dnedy engaged in the pert ante of work under agrant, including: (i) All "direct charge" emplay«s; (it) all "indirect charge" employees unless thein impact or involvement is insignificant m the performance of the gam; aM (iii) temporary pensioned had consolidate who are directly engaged in the perf romice of work ander the!pant and who are en the answer's payroll. This definition da snot include workers not on the payroll of the growers (e.g., volunteers, en if used to mect a matching nequnwnent; conmlmms or independent contractors not on the g mate's payroll; or employees of mbrecipiene or subcontreaom in covered workplaces). MONITORING ]fie major objectives of Consolidated Plan monitoring are to ensure that recipients of federal funds provide decent, safe, and sanitary housing and related services and community facilities to low -and modere[e-wcome families in Bangor, to more that the funds that are received are properly managed without waste or fraud, and to ensure that performance standards are achieved, or to document performance standards that are not raft in order to modify future plans. Mother purpose of monitoring the City of Bangor Consolidated Housing and Community Development Plan is to ensure compliance with federal program regulations. All federal programs covered by tlas Consolidated Plan have their own monitoring and compliance requirements The City ofBaagor will rely on these monitoring requirements to ensure that summary and regulatory requirements we being met and that, where appropriate, information that is being submitted ten a HOD cash and management information system is corect and complete. Monitoring for state, local and privately -funded programs will be based on a mutual coordinated, problem -solving appmacb. The City of Bangor does not have the legal authority to audit other agencies and non-profit organizations to momimr and ensure compliance with requirements ad forth under federal and state fording programs and implementing regulations. The City of Bangor will continue to meet with housing and social service providers to seek mutual resolution to any problem areas for the delivery of programs to meet program goals. The City will rely on the applicants' certifications ofcomphance that are required prior to the receipt of fiends; and federal and state program requirements to provide objective measurements of operations and performance standards. The Community Development Block Grant program will be included in the Chy's annual audit and management review. 73