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HomeMy WebLinkAbout1999-05-10 99-183 RESOLVEw Item No. 99-103 Item/Subject Assuring and Certifying lire City's Compliance with Certain Requirements for Community Development Fulls Responsible Department: Community and Fsonomic Development Commentary: Community Development regulations requinc that Ne City certify it will comply with the laws and regulations of the Community Development Block Grant Program contained in'Atachmem A' of this Council Resolve. Manager's Comments: Associated Information: Budget Approval: p. 14 iro Legal Approval: C' aUcitozl — Introduced For Passage _ First Reading page—jfoP Referral Q�FMMWMM�MTA�ONPLA�� 14 99-183 Aca38oed to councilor Palmer May 10, 1999 CITY OF BANGOR (TITLE.) Assuring and Certifying tie City's Compliance with Certain iesnlbe............._......_..._..._..._.............._...._..._..._..............._........_......._..._... Requirements for Community Development Fulls By Ne City Caunei! of IRe OiM MBn*Wr: RESOLVED. WEIEREAS, the City of Bangor wishes b submit a Consolidated Housing all Community Development Plan for Community Development Block Giant Entitlement funds under Title I of the Housing atM Continuity Development Act of 19'14; and WHEREAS, Section HH of the Housing and Community Development Act of 19]4 and Section 570.303 of Title Yl of the Code of Fedual Regulations require that certain mitiftca0ons 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 cera fies that it will comply with the assurances for the Consolidated Plan Certifications attached hertto as "Atieclunent A" and consisting of seven (9) numbered pages. 1P CPR MWCIL may 10, 1999 Nation for Passage Made and Seconded Yawed C gBg 99-188 0es0Lve Assuring and Certifying the City's i /� 17 .�� 99-183 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 Anther fair housing, which menus it but conducted an analysis of impediments to fair housing choice within the jurisdiction, will take appropriate actions to overcome the effects of any impediments Identified through that analysis, and maiotains records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan — It will comply with Ne acquisition and relocation requirements of the Um form Relocation Assistance and Real Property Acquisition Policies Act 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 pian requited under section IN(d) of the Housing and Communty Development Act of 1974, as amended, in animation with any activity assisted with funding under the CDDG 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, or use of a 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 an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse to 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 requirements 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 1 that, as a condition of employment under the grant, the employee will - 99-183 (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days atter such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from ma 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 grand; 6. Taking rare of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate persound action against such an employee, up to and Including termination, consistent with the requirements of the Rehabilitation Act of 19T3, as amended, or (b) Requiring such employee m participate satisfactorily in a drug abuse assistance or rehabilitating program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 9. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying — To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated fonds have been paid or will be paid, by or on behalf of it, to any person for irdhe ocing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 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 e#eosion, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreements 2. If any funds other than Federal appropriated foods have been paid or will be paid to 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 an employee ) of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form W Report Lobbying," m accordance welt its instructions; and 3. It will require Nat the language of paragraph 1 and 2 of this certification be included W the award documents for all suhawards at all time (including subcontracts, subgrants, and contracts under grants, looms, and cooperative agreements) and that w 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, FSG, and HOPWA foods me consistent with Me strategic plan. Section 3 — It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part US. Slgua tme /Authorized Official Title 99-183 4 Spic CDeG Certifications The EvWlement Community certifies chat Citizen Participation — II ie in full compliance and following a detailed citrzeo participation plan that satrsfes the rcquftemeob of U CFR 91.105. Community Development Han — Its comatidated beming wall community development plan identifies connamity de clopment and homing made and spsNo ba@ short-term and long-term community development objerti ms;bat prumle decent hounded, expand ec000mie oppottuoR4a primarily for parents of low and moderate income. ISce CPR 14570.2 and CFR N Part 570). Following a Han — It is fouowing a current comalidoted plan(or Comprehensive Homing Affordability Strategy) that has been approved by FEUD. IHS of Funds — It hat compOM wNh the following criteria: 1. Mamnum Famhle Primi . With reapere m activities eapected to be asdded with CDBG funds, it ter ilies that it han developed Its Atlfan Plan so as b give maxiom feasible priority to amnifies which handle low and moderate income families or ab N We pumandon or dhomatiw of Slow w blight. The Action Plan may chat include activities which We grantee rectifies are dullmed to meet Other commormcbry developmme needs having a fornicator urgency became oiAwg conditions puce a aWous and immediate threat to the health or welfare of the community, and Other financial resources are not mallable; 2. O erall Ben C2 The aggregate we of CDBG funds wcludivg section IN guaranteed Imes during program reach) 1997.1$$ (e periad speeded by the grantee cowistmg of one, two. or Wee specific omrMive program yeaal. Andy principally benefit persons of law and moderate brume in a manner Met measures that at lucrt 70 percent of the amoma is expanded fm activities that benefit such persons during the designated period; 3. Special Asmxmenis. It will not aft®pt m refer may, capital costs of public improvementa maimed with CDBG fundi Including Seedom IN Iowa guaranteed mods by meaning any woman against properties awned and occupied by perm, alow and modmte Income. Including any fee charged or asoamenl made as a camokioo or obmWng across In anch pubbe improvements. However. 9 CDBG fords are usM to pay the proportion as far or nmasmml that relates m the capita conat of public Improvements(aaidedopM with CDBG fwdd fiawced Rom other revenue sonrces, an ntzeennant or Charge may be made agdmt the property with respect m the publk improvements financed by a source Other than CDBG fwd& The jurledictbn will not attempt m recover any cepiml areas at pubtic ImprevemeoH assisted with CDBG funds, Including Section IN, calm CDBG heads we used W pay the proportion of fee Or amearcement attributable to Ne capital costs W public Impmvemones financed from other revenue murms. In Nie suer am asswm nd of charge may be made against the properly with respect to Ne public improvement rumored by amove other than CDBG funds. ABq m We case of properties owned and occupied by moderate -income had Nwddc;, an assessment or charge may be "-183 made against the property for public improvements Rnmced by a source other than CDBG funds V the 'jorb&mioo certif that it lads CDBG road; to cover tbe assessment. Euenire Force — It bar coupled and IS enforcing: 1. ApoBcy forbidding the use of exceed,; have by law edomement agendes within its jur'udictioo against any individuals engaged in non-violent civil rights demaMrnions: and 2. ApoBry of eNmAogapplicable State and ]met laws mast physically hurting entrance to Or etlt form a facility Or location which B the Subject asuch non-violent civil rights demonstrations within its jurwhdion. Compliance With Laos—ne grant will be conducted and ad:ofnistded b conformity with title W of the Civil Poghta Ad of I96G W2 USC 20000, de Fav Houtlng Ad (42 USC y61 and implementing regulations. 4ad-Beed Pant —Its ndifintbn. wspec600, towing and abatement procedures tonteraing lead -baud local will comply with the requirements of 24 CM §370.608. Compliance with Laws — It will comply arm applicable laws. ShandurotA ollorrted Offw'Y !4C 99183 H ApFENDIXN CEBMCATIONS I:VSMUCno.NS CONCMNP G LOBBYING AND DRUG-FREE 1VOlfld•I.ACEREQUIXF.61EhTS: A. lAbblil, erdrtet ]bis certification B a material representation of fact upon which tethered, was placed when this vavamon was made or entered Into. Submia'on of tWs coodi:ation is a prerequisite for making or entering Into Wb numeration impmed by section 135; title 31, U.S. Code. Any persue who fails to Die the requited] ttttYew inn shall be subject to a died penalty or net Ice than $10.000 and net am than 5100,000 for each scab Were. B. nruwFree Workolve Certification 1. Bysigning anNor mommim tbk apPbdWkm or grant acrWeerL the grantee is laviawg the certification. 3. The cdcapection in a doodled repecoamention a fad upon which reliance Is placed whenthe agency awards the g:anL Iris Is beer determined chnt We grantee Imowiody remitted a rale retribution, of MheoXm debate the requournmrs of the Drug -Free Workplace AG, IIUD, in addition to can, other r®edie modulate to the Federal Govennmw, may take make aWhknaed under the Drug -Free Workplace Ad. 3. For grantees when then individuals, Alternate I applies. (This Is theiMormatim to which jurh&awms cerdty.) 0. For graWar who we wNvidunb, Alternate Q appBa.(Diet app14ablejurBtlictloms.) 5. Workplaces antler Speak, for Sc emes other then bdiWauals, need net be identified len the re caWe.Ifknown, they may he IdmdBW in the greet application. If the great" does not Identify the workplaar at the time of application, kr upon award, V there ie act app4utbk, the graWee hand keep the identity athe wookplace(s) on file In Vs office and maketo fNormatiou available fm Federal inspection. prime to identify alt human wurbpiace candidates a violation dire gnaxce•s drug -tree workplace requirements. 6. Wkrkphce benthatlkm road include the actual address of bulldings(m pants of buOdoga) or more adder where work miter the gnat taken place. Categorical descriptions may be reed (e.g., 0 vehicle of a mads tnmB authority or Stare highway department while in operation, Saxe employee in curb Wal onanPloymmt office, Peeformens b concert hds or radio abDom). ]. Qthe warkplaceidmptka to the agency changes awing he pafkrmance of the gnat, the Statute shall Warren the agency or he change(s), V V pmbusly identified the workplaces in random per pamgrephf ). S. The greater may lmed"wthe space provkhed belmv the Aids) Iw the performance d work done In mmMmn with the specific snot: 99-183 J Place of Pertormance(Street address, city, county, note, tlp code) cft� Eau, 73 atlnw M 0 Pu tic W f Y DI' p nob any, Nfalne Park Words Holl' boot Maine) "O Chxk _ V Were are workplaces on fde that we not identified here; The cWilrnlon pith regard W We drug -tree workplace required by 24 CAR peat 24, subpart F. 9. IkliuMbal aVerms to We Nmprocuremeat Suspension ud Debarment common rate and Drug -Fm Workplace anmmon rate apply to this 'coordination. Grmnar' ademboa b caged, N particular, to the following defmidmu fres thea rates: •Controlled tolerance" comm a controlled catenate N Schedules I through V or We Controlled Substances An (21 U.S.C. 812) and as further defined by regulation J21 CM O04.11 Nrough 1308.15); "Cmvktlm" more e! ding of guN (including o plea of nolo contendere) or Untanned of zennmte, or both, by my judicial body Waged with We resp aretel icy to determine nobums of the Federal or Some critical drug zetuten "Crmdmd drug statue" mane a FNenl or non -Federal c ti niant statute evolving We mamranme, distribution, dispensing, me, or posta m of my contended subsmoce; "Employee" memms We employee of a grmtee directly Wanted in the performance of work under a gnat, bringing: 0 AO 'grant charge" employers; (h] au "edhect cbmge" enpbyeat uWca their Hanot Or mvolewent Is esigniflamt to We pertoreance of the gran; and (w) temPorary personal and consultants who are directly engaged in the penormmce of work wdtt We grant std who are on the grntee'z payroll. This deMhbn does not include workers not on We payrall of We grantee (e.g., volum eers, card If wed to meat a watching requ4ement: consultants ar Independent coeeaMn not an the grntee's padych or employes W suhreaplenn or subcontnctma in created workplaces).