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CDBG Recovery Funds Fiscal Year 2009 (Consolidated Plan 2008) Action Plan - Amendment 5TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: CDBG Recovery Funds Fiscal Year 2009 (Consolidated Plan 2008) Action Plan -Amendment 5 DATE: May 26, 2009 Housing and Community Development Department Director David Harris recommends City Council approval of a substantial amendment to the Fiscal Year 2009 (Consolidated Plan 2008) Action Plan for the Community Development Block Grant Recovery (CDBG-R) funds. The significant changes are: $246,202 for the Green Alley Pilot Project. This project will involve the reconstruction of two existing asphalt alleys from 11t" Street to 13tH Street between White Street and Jackson Street in the Washington Neighborhood. Since this is a pilot project, two different pervious pavement surfaces will be constructed to help in evaluating suitable pavement types for future alley reconstruction projects. Both pavement surfaces will allow rainfall from low-intensity storms to pass through the pavement structure. This, in turn, will recharge the water table and minimize storm water runoff. The engineering has been completed and the project is ready to commence following bidding. $49,240 is being proposed for the Multicultural Center Director. The new relocated Center is currently under construction at 1157 Central Avenue and a director will be hired to manage the facility to provide assistance, opportunities and resources for immigrant and diverse populations. This is the maximum fifteen percent public service activity allowed by the grant. ® Administrative funding of $32,827to CDBG Administration. This is the maximum ten percent allowed by the grant. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~~~_ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director To: From: Subject: ®ate: MichaelgVan Milligen, City Manager ~~ David N`arris, Housing and Community Development CDBG Recovery Funds FY 2009 (Consolidated Plan 2008) Action Plan-Amendment 5 May 28, 2009 Introduction The purpose of this memorandum is to request the City Council's approval of an a substantial amendment to our FY 2009 (Consolidated Plan 2008) Action Plan for the Community Development Block Grant Recovery (CDBG-R) funds. .4CICR®IJND The City of Dubuque was notified in late February that we will receive $328,269 in CDBG-R funds from the federal stimulus package. The CDBG-R grant is a supplemental appropriation that requires a substantial amendment to our FY 2009 (Program Year 2008) Annual Action Plan, with a seven day public comment period prior to the public hearing. 15% of the funds can be used for public service activities and 10% for administrative costs. Funds will be tracked separately and not combined with our regular CDBG funding so the attached charts list the funds separately. The HUD guidelines state the CDBG- R funds should primarily be for economic development, housing, infrastructure and other public facilities that will spur economic investment, increase energy efficiency and job creation or retention. In addition, the funds should address the following: -Preserving and creating jobs and promoting economic recovery; -Assisting those most impacted by the recession; -Providing investment needed to increase economic efficiency; -Investing in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits: -Minimizing or avoiding reduction in essential services; or -Fostering energy independence Priority should be given to CDBG-R projects that can be under contract by June 17tH HUD may be able to relax certain regulations but cannot waive requirements relating to fair housing, nondiscrimination, labor standards and the environment. ISCl1SSlN The Community Development Advisory Commission held a public hearing on May 27, 2009. At that time the Commission approved the proposed amendment for the following significant changes to the Consolidated Plan and FY2009 Annual Action Plan: - $246,202 for the Green Alley Pilot Project. This pro~ect will involve the reconstruction of two existing asphalt alleys from 11t Street to 13th Street between White Street and Jackson Street in the Washington Neighborhood. Since this is a pilot project, two different pervious pavement surfaces will be constructed to help in evaluating suitable pavement types for future alley reconstruction projects. Both pavement surfaces will allow rainfall from low- intensity storms to pass through the pavement structure. This, in turn, will recharge the water table and minimize storm water runoff. The engineering has been completed and the project is ready to commence following bidding. - $49,240 is being proposed for the Multicultural Center: Director. The new relocated Center is currently under construction at 1157 Central Avenue and a director will be hired to manage the facility to provide assistance, opportunities and resources for immigrant and diverse populations. This is the maximum fifteen percent public service activity allowed by the grant. - Administrative funding of $32,827to CDBG Administration. This is the maximum ten percent allowed by the CDBG-R grant. Public notices regarding the proposed changes were published in the Telegraph Herald, and the City of Dubuque website. These notices advised the public of the intent of the amendment and invited comment at or before the public hearing. This initiated the seven day public comment periods as required by the CDBG-R regulations. At the public hearing, no comments were received from the public. The Commission voted to approve the amendment and forward to the City Council. REC®I~MEN®ATI®N It is recommended that the City Council approve the substantial amendment to our FY 2009 (Consolidated Plan 2008) Action Plan.-Amendment 5 as shown in Exhibit A for the use of Community Development Block Grant Recovery funds. A,CTI®N STEP The action requested of the City Council is to approve the Mayor's execution of the attached resolution, approving a substantial amendment to our FY 2009 (Consolidated Plan 2008) Action Plan.- Amendment 5 for Community Development Block Grant Recovery activities. Prepared by Aggie Tauke, Community Development Specialist F:\USERS\ATAUKE\CDBGWnnualPlan\FY 09\FY09 Amd 5 CDBG-R memo.mvm.doc RESOLUTION NO. 16s -2009 RESOLUTION APPROVING THE FISCAL YEAR 2009 ANNUAL ACTION PLAN (CONSOLIDATED PLAN 2008)-AMENDMENT 5 FOR COMMUNITY DEVELOPMENT ELOCI~C GRANT RECOVERY FUNDS Whereas, the City of Dubuque prepared and filed a Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008); and Whereas, the City of Dubuque has received funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant Recovery (CDBG-R); and Whereas, HUD requires the City of Dubuque to amend the Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) for the inclusion of the CDBG-R funds as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment requiring a seven day public comment period and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on May 27, 2009 following a public comment period beginning on May 15, 2009 and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) is hereby amended as per Amendment 5, hereto attached as Exhibit A. Section 2. That said Community Development Block Grant Recovery substantial amendment as per Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) - Amendment 5 attached hereto as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to prepare and to submit to the United States Department of Housing and Urban Development the Fiscal Year 2009 (Consolidated Plan 2008) Annual Action Plan- Amendment 5 for the use of Community Development Block Grant Recovery funds as required. Passed, approved and adopted this 1St day of June, 2009. l~ l~."~L1, , J yce E. Connors, Mayor Pro-Tem Attest: ~~ ~~^ eanne F. Schneider, City Clerk F:\USERSWTAUKE\CDBG\AnnualPlan\FY 09\FY09Amd5 CDBG R res.doc Y L I ® v un FY 2009 ACTION PROJECTED SOURCES PLAN ~~~~~ Estimated Entitlement 1,209,427 $ 328,269 Program Income 434,595 ED Revolving Loan Fund 25,192 Prior Year CDBG Balance 1,345,319 FY 08 Lump Sum Balance 99,079 Total Sources 3,113,612 $ 328,269 Exhibit A FY 2009 Housing Development Programs: Amend 3 Amend 5 First Time Homebuyer Program 70,000 Historic Preservation Rehab Grant 25,418 Homeowner Rehab Program 479,847 Housing Administration 61,226 Housing Code Enforcement 150,831 Housing Rehabilitation Services and Staff 345,737 Housing Trust 84,548 Lead Paint Hazard Abatement Project 90,000 Purchase/Rehab/Resale DREAMS 71,798 Rental Unit Rehabilitation 90,666 Housing Totals 1,470,071 Economic Development Programs: Commercial/Industrial Building Rehab Loans & Revolving Loan Fund 69,160 E.D. Financial Assistance Program & Revolving Loan Fund 375,000 Economic Development Totals 444,160 Neighborhood and Community Development Programs Accessible Curb Ramps 84,162 Child Care Resource/Referral-Project Concern 9,856 Community Partnership Program (CP2)* 40,287 Dubuque Dispute Resolution Center 1,000 Dubuque Rescue Mission 4,622 Information & Referral - Project Concern 28,091 Leadership Training 2,000 Multicultural Center 350,000 Multicultural Center Director 49,240 Neighborhood Development Services and Staff 84,919 Neighborhood Infrastructure Improvements 163,046 Green Alley Pilot Project- Washington Neighborhood 246,?.02 Neighborhood Recreation Program 128,160 Neighborhood Support Grants 45,680 Senior Center 29,197 Washington Tool Library 16,695 Zoning Inspection/Enforcement 13,000 Neighborhood ~ Community Development Totals 1,000,715 $ 295,442 Planning and Administration _ _ - - -- - - _- CDBG Admin Services and Staff 105,328 $ 32,827 Finance 4,528 City Planning Services and Staff Planning City Planning 76.447 Planning and Administration Totals 186,303 $ 32,sz7 Contingency 12,363 TOTAL CDBG 3,113,612 $ 328,269 Amendment 4: Homelessness Prevention & Rapid Re-Housing (HPRP) $502,294 F:\USERS\ATAUKE\CDBGWnnualPlan\FY 09\[Council FY09 Amd 5.xls]CDBG-R Amd 5 IT S .A S The American Recovery and Reinvestment Act of 2009 ("Recovery Act") was signed into law by President Obama on February 17, 2009. The Recovery Act awards $1 billion in CDBG Recovery (CDBG-R) funds to be distributed to cities, counties, insular areas and states, of which $10 million has been reserved by HUD for its administrative costs and $10 million of which will be awarded to Indian tribes. Recipients of the remaining $980 million of CDBG-R funds will be the approximately 1,200 jurisdictions that received CDBG funding in Fiscal Year 2008. This template sets forth the suggested format for grantees receiving funds from CDBG-R. A complete submission contains the information requested below, including: (1) The CDBG-R Substantial Amendment (template attached below) (2) Spreadsheet for Reporting Proposed CDBG-R Activities (see http://www.hud. gov/recovery) (3) Signed and Dated Certifications (see http://wvwv.hud.gov/recovery) (4) Signed and Dated ~~-424. Grantees should also attach a completed CDBG-R Substantial Amendment Checklist to ensure completeness and efficiency of review (attached below). Jurisdiction(s): City of Dubuque, Iowa Jurisdiction Web Address: cityofdubuque.org ® (URL where CDBG-R Substantial Amendment materials aNe posted CDBG-R Contact Person: David Harris Address: 350 West 6th Street, Suite 312, Dubuque, Iowa 52001 Telephone : 5 63 -5 8 9-423 9 Fax: 563-690-6692 Email: ENSURING RESPONSIBLE SPENDING OFRECOVERYACT FUNDS Funding available under the Recovery Act has clear purposes - to stimulate the economy through measures that modernize the Nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. HUD strongly urges grantees to use CDBG- Rfunds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is available to grantees, the Department strongly suggests that grantees incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG-R funding. f$. SPREADSHEET FOR lZEPORTING PROPOSED CDBG-I~ f$CTIVITIE.S" Grantees must provide information concerning CDBG-R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name, activity description, CDBG-R dollar amount budgeted, eligibility category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format is available on HUD's recovery website at htt~.//w~~v.hi ~ }v/recover. 2 B.1 CI)BCi®d~ INFORMATIONBYACTIVITY (C011IPLETEFOld EACHACTIVITY) 1) Activity hTame: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG-R Activities -this will allow HUD to easily match activity narratives with the information provided in the spreadsheet.) Green Alley Pilot Project 2) Activity htarrative: In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must provide a narrative for each activity describing how the use of the grantee's CDBG-R funds will meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative must also state how CDBG-R funds will be used in a manner that maximizes job creation and economic benefit in relation to the CDBG-R funds obligated, and will address the Recovery Act, by: ® Preserving and creating jobs and promoting economic recovery; ® Assisting those most impacted by the recession; ® Providing investment needed to increase economic efficiency; ® Investing in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits; ® Minimizing or avoiding reductions in essential services; or ® Fostering energy independence. Response: Green Alley Pilot Project: This project will involve the reconstruction of two existing asphalt alleys from 11th Street to 13th Street between White Street and Jackson Street in the Washington Neighborhood, aloes-and-moderate income area as defined by census data. Since this is a pilot project, two different pervious pavement surfaces will be constructed to help in evaluating suitable pavement types for future alley reconstruction projects. The engineering has been completed, with project bids to be received in early June, a contract awarded June 15, 2009 and project completed in August, 2009. The $246,202 will provide that over 50 percent of the CDBG-R funds will be for activities that can be initiated by June 17, 2009. The project will create job opportunities for the construction trades and address a sector that has been negatively impacted by the recession. 3) .Yobs Created: (Report the number of full- and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). Green Alley Pilot Project should create 4 full time jobs. 3 4. Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) The Green Alley Pilot Project will reconstruct alleys that are in poor condition with pavement surfaces will allow rainfall from low-intensity storms to pass through the pavement structure. This will recharge the water table and minimize storm water runoff. 5. Responsible ®r~anization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) Jon Dienst Civil Engineer City Hall, 50 West 13th Street Dubuque IA 52001 Phone: 563-589-4270 Email: JCli~rlst~c'lt~_ofdubucfue.o~ B.Z CDBG-R INFORMATIONBYACTIVITY ~COMPLETEFOREACHACTIVITY) 1) Activity 1®1ame: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG-R Activities -this will allow HUD to easily match activity narratives with the information provided in the spreadsheet.) Multicultural Center: Director. 2) Activity hlarrative: In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must provide a narrative for each activity describing how the use of the grantee's CDBG-R funds will meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative must also state how CDBG-R fiends will be used in a manner that maximizes job creation and economic benefit in relation to the CDBG-R funds obligated, and will address the Recovery Act, by: ® Preserving and creating jobs and promoting economic recovery; ® Assisting those most impacted by the recession; ® Providing investment needed to increase economic efficiency; ® Investing in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits; ® Minimizing or avoiding reductions in essential services; or ® Fostering energy independence. Response: - IViulticultural Center Director. The new relocated Center is currently under construction at 1157 Central Avenue and a director will be hired to manage the facility to provide assistance, opportunities and resources for diverse populations. The multicultural center has been expanded and part time assistant director will also be hired, with the addition of 3.5 FTE AmeriCorps workers: The expanded Center will 4 provide a multitude of services that will assist various populations with obtaining or enhancing job skills, thereby promoting economic recovery. This meets the allowed 15 % grant amount for public service activities and, in combination with the Green Alley Pilot Project, the CDBG-R funds will benefit 90% of persons of low and moderate income. 3) .lobs Created: (Report the number of full- and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). Multicultural Center: Director- 1 FTE job. The Center will also employ 1 part time Assistant Director and 3.5 FTE AmeriCorps workers 4) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) Not applicable 5) Responsible ®r~anization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) Gii Spence, Leisure Services Manager 2200 Bunker Hill Road Dubuque IA 52001 Phone: 563-589-4263 Email: g~~er~ce~cityofdubt~tc~ue.o B..;i CDBG IZ INFORMATIONBYACTIVITY ~COMPLETEFOR EACHACTIVITY) 1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet for Reporting Proposed CDBG-R Activities -this will allow IlUD to easily match activity narratives with the information provided in the spreadsheet.) CDBG administration 2) Activity Narrative: In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must provide a narrative for each activity describing how the use of the grantee's CDBG-R funds will meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative must also state how CDBG-R funds will be used in a manner that maximizes job creation and economic benefit in relation to the CDBG-R funds obligated, and will address the Recovery Act, by: Preserving and creating jobs and promoting economic recovery; Assisting those most impacted by the recession; Providing investment needed to increase economic efficiency; Investing in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits; Minimizing or avoiding reductions in essential services; or Fostering energy independence. Response: - CDBG administration: Oversight and coordination of the Community Development Block Grant- Recovery program to assures compliance with federal regulations and reporting requirements. This meets the allowed 10 % grant amount for administration. 3) Jobs Created: (Report the number of full- and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). CDBG administration: No new jobs will be created since current staff wills administrator the CDBG-R funds. 4) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) Not Applicable 5) Responsible ®rganization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) David Harris, Housing and Community Development Director 350 West 6'h Street, Suite 312 Dubuque IA 52001 Phone: 563-589-4239 Fax: 563-690-6692 Email: dharris(cr~ci~~c~fcltzbt~tw~c.or~ 6 ~: PUBLIC ~011I11IEli'T Provide a summary of public comments received to the proposed CDBG-R Substantial Amendment. Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods and posted on the jurisdiction's website for no less than 7 calendar days for public comment. Response: The proposed substantial CDBG-R amendment was posted on the City of Dubuque website cityofdubuque.org beginning May 14, 2009 and copies of the proposed amendment were available for viewing at the City Clerk's Office, Carnegie Stout Public Library and Housing and Community Development Department. A public notice was published in the Telegraph Herald on May 15, 2009. The City of Dubuque Community Development Advisory Commission held a public hearing on Wednesday, May 27, 2009 and approved the proposed amendment. There were no comments from the public. The City Council reviewed the substantial amendment on June 1, 2009. 7 ~ ~~ S i For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the CDBG-R Substantial Amendment, Spreadsheet for Reporting Proposed CDBG-R Activities, and SF-424. Jurisdiction(s): City of Dubuque, Iowa CDBG-R Contact Person: David Harris Lead Agency: Housing and Community Address: Housing and Community Development Development Department 350 West 6th Street, Suite 312, Jurisdiction Web Address: Dubuque, Iowa 52001 cityofdubuque.org Telephone: 563-589-4239 (URL where CDBG-R Substantial Fax: 563-690-6692 Amendment materials are posted) Email: dharris@cityofdubuque.org The elements in the substantial amendment required for the CDBG recovery funds are: A. SPREADSHEET FOR DEPORTING PROPOSED CI)~~a I~ ACTIVITIES Does the submission contain a paper copy of the Spreadsheet for Reporting Proposed CDBG-R Activities? Yes® No^ Verification found on page 1 Does the submission include an electronic version of the Spreadsheet for Reporting Proposed CDBG-R Activities sent to the email box CDBG-R@hud.gov? Yes® No^ Date Spreadsheet was emailed: 6/3/2009 Does the Spreadsheet for Reporting Proposed CDBG-R Activities include, for each activity: ® amount of funds budgeted for each activity, including CDBG-R funds, any additional Recovery Funds used and total activity budget, Yes® No^ Verification found on page(s) 1 ® the Eligibility citation (eligibility regulatory cite or HCDA cite), Yes® No^ Verification found on page(s) 1 ® the CDBG national objective citation, Yes® No^ Verification found on page(s) 1 P. CI)BCi ~ INFORMATIONBYACTIVITY Does the submission contain information by activity describing how the grantee will use the funds, including: ® a narrative for each activity describing how CDBG-R funds will be used in a manner that maximizes job creation and economic benefit, Yes® No^ Verification found on page(s) 3, 4 c4i 5 ® projected number of jobs created for each activity, Yes® No^ Verification found on page(s) 3, 5, ~& 6 ® whether an activity will promote energy efficiency and conservation, Yes® No^ Verification found on page(s) 4, 5 chi 6 ® the name, location, and contact information for the entity that will carry out the activity, Yes® No^ Verification found on page(s) 4,5, c& 6 ® evidence that no more than 10% of the grant amount will be spent on administration and planning, Yes® No^ Verification found on page (s) 6 ® evidence that no more than 15% of the grant amount will be spent on public services, Yes® No^ Verification found on page (s) 5 ® evidence that at least 70% of the grant amount will benefit persons of low and moderate income, Yes® No^ Verification found on page (s) 5 C. PUBLIC COMMENT PERIOD Was the proposed action plan amendment published via the jurisdiction's usual methods and on the Internet for no less than 7 calendar days of public comment? Yes® No^. Verification found on page(s) 7 Is there a summary of citizen comments included in the final amendment? Yes® No^ Verification found on page(s) 7 D. CERTIFICATIONS The following certifications are complete and accurate: (1) Affirmatively furthering fair housing Yes® No^ (2) Anti-displacement and relocation plan Yes® No^ (3) Drug-free Workplace Yes® No^ (4) Anti-lobbying Yes® No^ (5) Authority of jurisdiction Yes® No^ (6) Consistency with plan Yes® No^ 9 (7) Section 3 Yes® No^ (8) Community development plan Yes® No^ (9) Following a plan Yes® No^ (10) Use of Funds Yes® No^ (11) Excessive Force Yes® No^ (12) Compliance with anti-discrimination laws Yes® No^ (13) Lead-based paint procedures Yes® No^ (14) Compliance with laws Yes® No^ (15) Compliance with ARRA Yes® No^ (16) Project selection Yes® No^ (17) Timeliness of infrastructure investments Yes® No^ (18) Buy American provision Yes® No^ (19) Appropriate use of funds for infrastructure investments Yes® No^ (20) 70% of CDBG-R for LMI Yes® No^ Optional Certification (21) Urgent Need Yes^ No® D. ,STATE CERTIFICATIONS The following certifications are complete and accurate: (1) Affirmatively furthering fair housing Yes^ No^ (2) Anti-displacement and relocation plan Yes^ No^ (3) Drug-free Workplace Yes^ No^ (4) Anti-lobbying Yes^ No^ (5) Authority of State Yes^ No^ (6) Consistency with plan Yes^ No^ (7) Section 3 Yes^ No^ (8) Community development plan Yes^ No^ (9) Consultation with Local Governments Yes^ No^ (10) Use of Funds Yes^ No^ (11) Excessive Force Yes^ No^ (12) Compliance with anti-discrimination laws Yes^ No^ (13) Compliance with laws Yes^ No^ (14) Compliance with ARRA Yes^ No^ (15) Project selection Yes^ No^ (16) Timeliness of infrastructure investments Yes^ No^ (17) Buy American provision Yes^ No^ (18) Appropriate use of funds for infrastructure investments Yes^ No^ (19) 70% of CDBG-R for LMI Yes^ No^ Optional Certification (20) Urgent Need Yes^ No^ 10 CDBG-R Activity Data Spreadsheet Jurisdiction/Grantee Name: CDBG-R Fomula Grant Amount: Date: Activity Name Activity Description Eligibility (Regulatory or HCDA Citation) National Objective Citation CDBG-R Project Budget (.~) Additional Recovery Funds ($) Other Leveraged Funding ($J Total Activity Budget Green Alley Pilot Project- Washington Neighborhood Reconstruct two existing asphalt alleys from 11th to 13th Street between White Street and Jackson Street with pervious pavement surfaces Public Improvements 570.201(c) LMA 570.208(1)(1) 246,202 0 56,173 302,375 Multicultural Center Director Hire a director of the new relocated multicultural center to provide assistance, opportunites and resources for diverse populations. Public Services 570.201(e) LMA 570.208(1)(1) $49,240 $0 $73,417 122,657 CDBG Administration Administration of CDBG-Recovery activities Admininstration 570.206 NA $32,827 $0 $0 32,827 0 0 0 0 0 0 0 0 0 0 OBGA 1 05/26/20093:07 PM A' (1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti-displacement and relocation plan. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 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 Community Development Act of 1974, as amended, in connection with any activity assisted with funding under CDBG-R. (3) Drug Free Workplace. The jurisdiction will or will continue to provide adrug-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 violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to infoirn employees about - (a) The dangers of drug abuse in 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 requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph l; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (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 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 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 central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one 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 personnel 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. Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. (4) Anti-lobbying. To the best of the jurisdiction's knowledge and belief: 1. 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 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 extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds 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 to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (6) Consistency with Plan. The housing activities to be undertaken with CDBG-R fiords are consistent with its consolidated plan. (7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135. (8) Community development plan. The jurisdiction certifies that the consolidated housing and community development plan identifies housing and community development needs and specifies both short-term and long-term community development objectives that have been developed in accordance with the primacy objective of the statute authorizing the CDBG program. (9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved by HUD. (10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priority to activities that will benefit low- and moderate-income families or aid in the prevention of slums or blight. Additional activities may be included that are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs It has complied with the following criteria: 2 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R 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 the prevention or 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. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG-R 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-R funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with CDBG-R funds) fmanced from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG-R funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG- R funds are used to pay the proportion of fee or assessment attributable to 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 improvements financed by a source other than CDBG-R funds. In addition, with respect to properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG-R funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment. (11) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any 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 from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. (12) Compliance with anti-discrimination laws. The CDBG-R grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. (13) Compliance with lead-based paint procedures. The activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title. (14) Compliance with laws. The jurisdiction will comply with applicable laws. (15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the American Recovery and Reinvestment Act of 2009. (16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects that can award contracts based on bids within 120 days from the date the funds are made available to the recipient, and that will ensure maximum job creation and economic benefit. (17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG-R funds for infrastructure investments, the grantee will give preference to quick-start and finish activities, including a goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery Act. (18) Buy American provision. The jurisdiction will ensure that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secretary finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the project cost by more than 25 percent. (19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief executive, as appropriate certifies, that any infrastructure investments have received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official certifies that infrastructure investments will receive the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. (20) 70% of CDBG-R for LMI. The aggregate use of CDBG-R funds shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for activities that benefit such persons over the life of the CDBG-R grant. Signature/Authorized Official Roy D. Buol, Mayor Title Date 4 OMB Number: 4040-0004 Expiration Date: 01/31/2009 13. Date Received: ~ 5a. Federal Entity Identifier: State Use Only: d. Address: *5b. Federal Award Identifier: *Street 1: 350 West 6th Street Street 2: Suite 312 *City: Dubuque County: Dubuque *State: IA Province: *Country: USA *Zip /Postal Code 52001 e. Organizational Unit: Department Name: Division Name: Housing and Community Development f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr *First Name: David Middle Name: *Last Name: Harris Suffix: 4. Applicant Identifier: *Email: dharris@cityofdubuque.org OMB Number: 4040-0004 Expiration Date: 01/31/2009 ~ Application for Federal Assistance SF-424 Version 02 ~ *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: U. S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.253 CFDA Title: CCommunity Development Block Grant (CDBG) Entitlement /Recovery Act Funded (CDBG-R) *12 Funding Opportunity Number: NA *Title 13. Competition Identification Number: Title 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Dubuque Iowa *15. Descriptive Title of Applicant's Project: Community Development Block Grant Recovery funds will be allocated to the Green Alley Pilot Project -Washington Neighborhood; Multicultural Center Director and CDBG Recovery Admininstration. OMB Number: 4040-0004 Expiration Date: 01/31/2009 *a. Federal *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL $328,269 $328,269 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ^ a. This application was made available to the State under the Executive Order 12372 Process for review on ^ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ^ Yes ® No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® **IAGREE ** The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr *First Name: Roy Middle Name: D. *Last Name: Buol Suffix: *Title: Mayor *Telephone Number: 563-589-4120 * Email: rdbuol@cityofdubuque.org *Signature of Authorized Representative: Fax Number: 563-589-0890 *Date Signed: June 1, 2009 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *Applicant Federal ®ebt ®elinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt.