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US Department of Housing and Urban Development FY 2022 Community Development Block Grant Funding AgreementCity of Dubuque City Council Meeting Consent Items # 19. Copyrighted November 1, 2021 ITEM TITLE: US Department of Housing and Urban Development FY2022 Community Development Block Grant Funding Agreement SUMMARY: City Manager recommending approval of the Fiscal Year 2022/Program Year 2021 Community Development Block Grant Agreement with the US Department of Housing and Urban Development and requests authorization for the Mayor to execute the contract on behalf of the City. RESOLUTION Authorizing execution of FY22/PY21 Community Development Block Grant Agreement SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type FY22 CDBG Funding Agreement-MVM Memo City Manager Memo Staff Memo - FY22/PY21 CDBG Grant Agreement Staff Memo Resolution - FY22/PY22 CDBG Grant Agreement Resolutions FY22/PY21 CDBG Grant Agreement Supporting Documentation THE CITY OF Dubuque DUB TEE All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: US Department of Housing and Urban Development FY 2022 Community Development Block Grant Funding Agreement DATE: October 28, 2021 Housing & Community Development Director Alexis Steger recommends City Council Approval of the FY22/PY21 Community Development Block Grant Agreement with the US Department of Housing and Urban Development and requests authorization for the Mayor to execute the contract on behalf of the City. Activities in the FY22/PY21 Annual Action Plan to be carried out by this plan includes several new programs such as a Credit Repair Program, Childcare Assistance, Aquaponics for Food Deserts, and Neighborhood Broadband that will meet the new 5- year Consolidated Plan Goals as well as the Goals and Priorities of the City Council. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis M. Steger, Housing & Community Development Director THE C Dubuque krAnd DUUBFE 1IIIaC' Masterpiece on the Mississippi To: Michael C. Van Milligen, City Manager From: Alexis M. Steger, Housing & Community Development Director Subject: FY 2022 Community Development Block Grant Funding Agreement Date: October 27, 2021 BACKGROUND The City submitted an Annual Action Plan to the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program, which has been approved. The FY 2022 Annual Action Plan provides for use of Community Development Block Grant (CDBG) funds for the anticipated entitlement of $1,102,197 and revenues of $254,192 in program income, for a total of $1,356,389. The Annual Action Plan was approved by HUD, and the grant agreement for this funding may now be executed. Activities in the FY22/PY21 Annual Action Plan to be carried out by this plan includes several new programs such as a Credit Repair Program, Childcare Assistance, Aquaponics for Food Deserts, and Neighborhood Broadband that will meet the new 5- year Consolidated Plan Goals as well as the Goals and Priorities of the City Council. RECOMMENDED ACTION I respectfully request the City Council approve the FY22/PY21 Community Development Block Grant Agreement and authorize the Mayor to execute the contract on behalf of the City. Prepared by: Maddy Haverland, Community Development Specialist Prepared by Maddv Haverland Housing & Community Devel 350 W. 61h St Suite 312 Telephone: (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 378-21 RESOLUTION AUTHORIZING EXECUTION OF FY22/PY21 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT. Whereas, the City of Dubuque receives Community Development Block Grant funding annually; and Whereas, the City Council approved the Fiscal Year 2022 budget that included Community Development Block Grant allocation; and Whereas, the City Council and the Federal Department of Housing and Urban Development have approved an Annual Action Plan for the allocation of this funding in accordance with our Consolidated Plan; and Whereas, all services provided will meet a national objective to assist a majority low -moderate income residents, eliminate slum or blight, or meet an urgent need. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the FY22/PY21 Community Development Block Grant Agreement be approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 1 st day of Attest Roy ou" Adrienne Breitfelder, ity Clerk 2021. 101, Mayor Funding Approval/Agreement Title I of the Housing and Community Development Act (Public law 930383) HI-00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) City Hall 50 West 13th Street Dubuque, Iowa 52001 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 5/31/2018 426004596 unas may t 07101/2021 I-MC-19-0004 . Grantee's 9 093105302 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as maybe amended from time to time), and this Funding Approval, including any special conditions, constitute part ofthe Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval maybe used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name (Contractual Organization) Francis T. Severin Dubuque (City of Dubuque) Title Director, Community Planning and Development Division Title Mayor Signature Francis Tim Severin %-2021.10.2707:39: 48-05'00' Date (mmldd/yyyy) I0/27/2021 I Sig t Date (mmlddlyyyy) 11/02/2021 7. Category of Title I Assistance for this Funding Action: 8. Special Conditions .Date HUD Received Submission 10. check one Entitlement, Sec 106(b) (check one) ❑ None ® Attached (mmlddlyyyy) 05/1512021 ® a. Ong. Funding Approval ❑ It. Amendment Amendment Number 9b. Date Grantee Notified (mmlddlyyyy) 10/27/2021 9c. Date of Start of Program Year (mmlddlyyyy) 07/01/2021 11. Amount of Community Development Block Grant FY 2021 a. Funds Reserved for this Grantee $1,102,197 It. Funds now being Approved c. Reservation to be Cancelled Ito minus 11b 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A City of Dubuque City Hall Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the 50 West 13th Street Department of Housing and Urban Development on the above date with Dubuque, Iowa 52001 respect to the above grant numbers) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions 12c. Name of Authorized Official for Designated Public Agency of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Title Signature HUD Accounting use Only Region 7, Field Office 26, Appropriation 861/30162, PAS Code ECI, Source Year 2021 (4) Effedve Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmldd/yyyy) FM ] 7 6 FM U m MM Project Number Amount U P m er Date Entered PAS (mm/ddlyyyy) Date Entered LOCCS (mmlddlyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082 (5115) 8. Special Conditions. (a) The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2028. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2028. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agent Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy -related, communication -related, water - related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common - carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for -profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund).