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).