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HomeMy WebLinkAbout2000-05-22 00-195 RESOLVECOUNCIL Item No. 00-195 �.L3'JF'�Iq Item/Subject: RESOLVE Assuring and Certifying the City's Compliance with Certain Requirements for Community Development Funds Responsible Department: Community St Economic Development Community Development regulations require that We City certify it will comply wiN the laws and regaladom of the Community Development Block Gram Program contained m'Amadsment A' of this Council Resolve. Departmem Head Manager's Comments: ,,.... _0. 7rkL++•^�4.tv.Iv�awd.�:OMLA ���P �dQum(afG. City Manager Associated Itdomation: Legal Appmval: City Seidler IntrPduced for (-6 a Passage _ First Reading Page _ of Referral Assigned to Councilor Crowley Flay 22, Man CITY OF BANGOR ITITLE.) Resolve, Assuring and Certifying the City's Compliance with Chain Requirements for Community Development Funds By the Ory r:rvw/W Ne Ofy ofBanr�r.. RESOLVED WHEREAS, the City of Bangor wishes to submit a Coruolidmed Housing and Community Development Plan for Commamty, Development Block Grant Entitlement funds under Tide I of the Housing and Community Development Act of 1974; and WHEREAS, Section 104 of the Housing and Community Development AM of 1974 and Section 570.303 of Title 24 of the Code of Federal Regulations require that certain certifications and assumuces be given by fine 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 atmched hereto as `ARachment A' and consisting of seven (7) numbered pages. IN CIfY COUNCIL May 22, 2000 Passed M% Assuriug and Certlfyln the City's Compliant, with Cartais Requireueuts forCoannuvity Devel- opment Peed. LM= t.tovn+{_ Countlbr dG. 00.195 Attachment A 1 CERTIFICATIONS in accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing-- The jurisdiction will affirmatively further fair housing, which means it has conducted an analysis of impediment 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. Anfidisplacement and Relocation Mn —It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Am of 1970, as amended and implementing regulations at 49 CFR 24; 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 Commonly Development Act of 1974, as amended, in connection with any activity assisted with funding order the CDBG or HOME programs. Drug Free Workplace— It will or will continue to provide a drag -free workplace by: 1. publishing a spectrum unifying employees that the unlawful manufacture, distribution, dispeming, possession, or use of a controlled substance is prohibited in the grantee's workplace end specifying the actions that will be taken against employees for violations of each prohibition; 2. Establishing an ongoing drug-free awarenessprogramtoinformemployeesabout- (a) The dangers of drug abuse in the workplace; (b) The produce's policy of maintaining a drug -flee 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 R a requirement that each employee to be engaged in the performance of rise 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 AbrachmentA 2 (b) Notify the employer in writing of his or her conviction for a violation of criminal drug staple occurring in the workplace no later than five calmdaz days after such conviction; 5. Notifying the agency m writing, withmten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must 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 combat point for the receipt ofmch nofices. Notice shell include the identification mrmber(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 to any employ= who is so convicted - (a) Taking appropriate personnel action against such an employee, up p and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (b) Rryuiring such employee to participate satisfactorily N a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law mfowerm at or other appropriate agency; 7. Making a good faith effort to continue in maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying -- To the best of the junadictim's knowledge and belief. 1. No Federal appropriated foods have been paid or will be paid, by or on behalf of it to any person for hdlumcing or attempting to influence an officer or employee of my agency, a Member of Congress, an officer or employ= of Congress, or an employee of Member of Congress in connection with the awarding of any Federal moment, the making of any Federal grant, the making of my Federal loan, the entering into of my cooperative agreement, and Ne catensim, continuation, renewal, amendment or modification of any Federal motors, gens toan, or cooperative agreement; 2. If my funds other than Federal appropriated hands have been paid or will be paid to arty person for influencing or attempting to influence an officer or employee of may agency, a Member of Congress, an officer or employee of Congess, or an employee of Member of Congress in connection with this 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 00-195 Attachment A 3 3. It will require that the language of paragraphs I and 2 of this certification be included in the award documents for all subawards at all mos (including subcontracts, subgrants, and contracts under goods, loans, and cooperative agreements) and that all subrecipienta shall comfy and disclose accordingly. Authority ofJurisdiction— The consolidated plan is authorized under State and local law (as applicable)and thejurisdicdion possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable BUD regulations. Consistency with plan-- The housing activities W be undetlaken with C 13G, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Secdi0n 3—It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at N CFA Pan 135. _ May 23, 2000 Signature /Authorized Official Title 00.195 Attachment A 4 Specific CDBG Certifications The Entitlement Community certifies that Citizen Participation —It is in full compliance and fallowing a detailed citizen participation plan Nat satisfies the requirements of 24 CFR 91.105. Community Development Plan— I% consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long- term community development objectives Nat provide decent housing, expand economic opportunities Primarily for persons of low and moderate income. (See CFR 245/0.2 and CFR 24 Pan 570). Following a Plan— It is following a correct consolidated plan (or Comprehensive Housing Affordability Strategy) that bas been approved by HUD. Use of Funds-- It has complied with the following criteria: 1. Maximum Feasible Non 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 moderate -income families or aid in Ne prevention or elimination of slums or blight. The Action Plan may also include activities which Ne instance cenifics are designed to meet other community development needs leaving a paniculm urgency because existing conditions pose a serious and immediate threat un the health or welfare of the community, and other financial resources me not available; 2. Gvemll Benefit. The aggregate use of CDBG funds including section 108 proanteed loans during program year(s) ION -9002 (a period specified by me grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 Percent of the amount is expended for activities Nat benefit such persons during the designated period; 3. Special Assessment It will net attempt to recover any capiml costs of public improvements assisted with CDBG funds including Section 1081oan 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 need to pay the proportion of fee or assessment hat relates to the capital costs of public improvements (assisted in part with CDBG fonds) financed from other revenue sources, an assessment or charge may he made against the property with respect to the Public improvements f manned by a source other than CDBG fonds. ao-19s Attachment A 5 The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, udess CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sonces. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by modemm4ncone (not low-income) families, an assessment or charge may be made against the property for public improvements incurred by a source other than CDBG fonds if the jurisdiction certifies that it Was CDBG bands to cover the assessment. Excessive Force— It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against ary individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit form a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Compliance With Amti-discrimination Laws —The grant will be conducted and administered in community with title VI of the Civil Rights Act of 1964 (42 USC 20004), the Fart Housing Act (42 USC 3601-3619), and implementing tendencies. Lead -Based Falnt —Its nmification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 2A CFR §570.608. Compliance with Laws — It will comply with applicable laws. May 23 1000 Signetare/Authorized Official City M Aper Title W—f95 Attachment A 6 APPENDIX TO CERTMCATIONS EJSTEUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORRPI.ACE REQUIREMENTS: �9R,faY.:I r[s9m This cau finatiou is a material representation of fact upon which reliance was placed when this transaction was made or mmred into. Submission of this cvtification is aprcrequlim for making m entering into this commotion imposedby motion 1352, this 31, U.S. Code. Airypemm who fade to file the required ratification shall be subject to a civil penalty ofnot less than $10,000 mdnot vwre than S10d,000 fm emh such failure. 1. BysigningandbrsubmiWngthisapplica6onor Wr agreemmt,Wegwntee isp viding the codification. 2. Thecatification is a material representation of fact upon which reliance is placed when the agency awards the great. If it is later determined 69 the grantee lmowingly reMered a fele certification, Or otherwise vioista the re,psirements of the Drug -Free WOrkplace Act, HUD, in addition to my other remedies available to the Fedasl Government, may Wm action authorized unda We Drug -Free Workplace Act 3. For, grmteea oNer than individuals, Alternate I applies. (This is the information to which jurisdictions cemify.) 4. For grantees who arc individual, Alternate 11 applies (Not applicable jurisdictions) 5. Wmkplecar under greats, fa gmtees other than individuals, need not be identified on the cnlification. Ifknawn, they may be identified in the giant application. lftbe granke does not identify the workplaces at the time of application, or upon award, if them is no application, the grantee must keep the identity of the workplaces) on file in its office and makethis information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drag -Gee workplace requirements. 6. Workplsce identifications most include the actual address of buildings (or puts of buildings) or other sites where work under the grant micas place. Categorical descriptions may he used (e.g., all vehicles of a mess amait authority m State highway department whim in oviron lon, State employees in each local unemployment office, insinuator in concert halls or radio stations). Z If the workplace identified to the agency changes during the perfomuace of the gent the grancee shall inform the agency of the change(s), if it prevsmsly identified the workplaces in question (see paragraph five). 8. The grantee may insen in the space provided below the sites) for the perfommnce of We& done m connection with the specific grant: W-195 Attachment A 7 Place of performance (Strat address, city, cowry, state, zip code) R a• Chink_ if there are workplaces on file that are nm identified here; The mr6fimnon with regard ro the drug-free workplace required by 24 CAR part 24, subpart F. 9. Definitions of most in the NonprocuremeM Suspension and D msirsem common rale and thug -Free Workplace common rale apply to this certification. Grantees' attention is called in particular, m the following definitions tram these rales: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U 9 C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations ofthe Federal or State criminal drug streams; 'Crirwnaf drug statute" means a Federal or non -Federal criminal Munro involving the manufacture, distribution, dispensing use, or possession of any controlled substance; "Employee" meas the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct Clause" employees; (ii) all "indirat charge" employees unless their impact or involvement is imsignifican[m the perf avice ofthe grant; and (iii) temporary perennial and rotuulmnm who are directly engaged in the perf a of words order the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of due ffiwta (e.g., volumws, en if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employes of subraipients or subcontractors in covered workplaces).