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CDBG Fiscal Year 2020 Annual Action Plan Amendment #2_HearingCopyrighted May 4, 2020 City of Dubuque Public Hearings # 2. ITEM TITLE: Community Development Block Grant (CDBG) Fiscal Year 2020 Annual Plan Amendment #2 SUMMARY: Proof of publication on notice of public hearing to consider approval of Amendment #2 to the Fiscal Year 2020 Community Development Block Grant Annual Plan, and the City Manager recommending approval. SUGGESTED DISPOSITION: RESOLUTION Adopting Amendment 2 to the Fiscal Year 2020 (Program Year 20219) Community Development Block Grant (CDBG) Annual Action Plan Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Public Hearing for CDBG FY20 Annual Plan City Manager Memo Amendment #2 -MVM Memo Staff Memo Staff Memo Resolution Approving Amendment Resolutions CDBG FY 20 Annual Action Plan Amendment 2 Supporting Documentation THE CITY OF Dui E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque All -America City 1111 2007.2012.2013 2017*2019 SUBJECT: Fiscal Year 2020 Community Development Block Grant Annual Action Plan Amendment 2 DATE: April 27, 2020 Housing and Community Development Director Alexis Steger recommends City Council approval of Amendment #2 to the Fiscal Year 2020 Community Development Block Grant Annual Plan. Amendment 2 increases the Fiscal Year 2020 CDBG Annual Action Plan budget to include a CDBG-CV allocation that has been provided by the CARES Act. The allocation is $647,301 and is to be used for the planning, response and recovery from COVID-19. The suggested allocation of funds are summarized below: • $129,460 for administration of the funds/activities • $180,000 for Temporary Shelter for Homeless/Doubled-Up families who need to be isolated • $100,000 for broadband access for low/moderate income areas; including Wi-Fi to neighborhoods to support online learning for children • $20,000 for tenant -based assistance such as rent and utilities for no more than three months per family assisted • $104,146 for Recreation Programs that would not otherwise be available due to non -sustainable funding from fees • $72,000 for non-profit community support through applications to the Commission • $41,695 for a drive-thru diagnostic testing facility as funding of last resort Since this allocation was provided to respond to COVID-19, regular CDBG entitlement funds were able to be reallocated with this amendment as well. The $200,000 reallocated from Rental Rehab to Temporary Shelter has been moved back to Rental Rehabilitation. The Entitlement allocation to drive-thru testing was allocated back to activities that support the recovery from COVID-19, including an allocation to Housing Inspections, Asphalt Overlay Program, and Ash Tree Removal in Low/Mod income areas. These programs will be greatly affected by reduced revenue but affect low/moderate income persons more often if funding is not provided. This is due to the low/moderate income areas of the city having the oldest roads, oldest/largest trees that can do the most damage and the oldest housing stock in the city. The Community Development Advisory Commission held the public hearing on April 21, 2020 and approved the allocation of funding for the new allocation of CDBG-CV funds as presented. I concur with the recommendation and respectfully request Mayor and City Council approval. 7.' Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis M. Steger, Housing & Community Development Director 2 THE CITY OF Du13 E Masterpiece on the Mississippi Dubuque beta All•Anerlit City 'VIII®' 2007+2012=2013 2017*2019 TO: Michael C. Van Milligen FROM: Alexis M. Steger, Housing & Community Development Director DATE: April 30, 2020 RE: Fiscal Year 2020 Community Development Block Grant (CDBG) Annual Action Plan Amendment 2 — To include CDBG-CV allocation Discussion Federal regulations require each year a city must prepare and file an Annual Plan prior to receipt of its CDBG entitlement. The Annual Plan is adopted following a public participation process that includes a published notice, a public comment period, and a public hearing. A city must follow its adopted plan to expend entitlement funds. If its revenues or activities change, the city must amend the plan. This requirement applies to plans for previous years as well as the current year. Amendment 2 is increasing the Fiscal Year 2020 CDBG Annual Action Plan budget to include a CDBG-CV allocation that has been provided by the CARES Act. The allocation is $647,301 and is to be used for the planning, response and recovery from COVID-19. Certain CDBG rules and regulations have been alleviated or adjusted to accommodate the emergency type responses, included suspension of the 15% Public Service Cap for activities related to COVID-19. Public comment periods can be shortened to 5 days as long as the Citizen Participation Plan is updated to reflect this change. The Commission made these updates to the Citizen Participation Plan on April 15th, 2020 following normal public hearing procedures. Specific rules that have not been changed relate to environmental review requirements, Section 106 reviews by the State Historic Preservation Office and all such rules that are not governed by HUD but by other Federal Agencies. This guidance may change, but the City of Dubuque will continue to follow all guidance from the governing federal agency of those requirements. Additionally, 70% of all CDBG funding must provide assistance to low/moderate income households or persons. During an emergency, this provision is NOT lifted, and therefore staff must be diligent in tracking who is being served in each program. Staff suggestions for the allocation of funds are detailed in the attached and summarized below: • $129,460 for administration of the funds/activities • $180,000 for Temporary Shelter for Homeless/Doubled Up families who need to be isolated • $100,000 for broadband access for low/moderate income areas; including wifi to neighborhoods to support online learning for children • $20,000 for tenant based assistance such as rent and utilities for no more than three months per family assisted • $104,146 for Recreation Programs that would not otherwise be available due to non -sustainable funding from fees • $72,000 for non-profit community support through applications to the Commission • $41,695 for a drive-thru diagnostic testing facility as funding of last resort Although the City of Dubuque tries to be forward looking and all-inclusive in what issues the community might face in an emergency, it is impossible to foresee every need. Should a reallocation of these funds be required, an amendment to the plan can be made in a timely fashion through the Community Development Advisory Commission. The Commission may reallocate funding within these programs without a public hearing as long as the change is not substantial. A new program, or a significant movement of funds across activities (often $100,000 or greater, however this is determined based on the original allocation in the activities affected) would require a public hearing and City Council approval. Commission Action The Community Development Advisory Commission set a public hearing at their April 15th, 2020 meeting for the CDBG Annual Action Plan Amendment 2. The Community Development Advisory Commission held the public hearing on April 21St, 2020 and approved the allocation of funding for the new allocation of CDBG-CV funds as presented. Since this allocation was provided to respond to COVID-19, regular CDBG entitlement funds were able to be reallocated with this amendment as well. The $200,000 reallocated from Rental Rehab to Temporary Shelter has been moved back to Rental Rehabilitation. The Entitlement allocation to drive-thru testing was allocated back to activities that support the recovery from COVID-19, including an allocation to Housing Inspections, Asphalt Overlay Program, and Ash Tree Removal in Low/Mod income areas. These programs will be greatly affected by reduced revenue, but affect low/moderate income persons more often if funding is not provided. This is due to our low/moderate income areas of the city having the oldest roads, oldest/largest trees that can do the most damage and the oldest housing stock in the city. Requested Action I respectfully request the City Council hold a public hearing on May 4, 2020 for Amendment #2 to the FY 2020 Community Development Block Grant Annual Plan and adopt the plan as presented. RESOLUTION NO. 143-20 A RESOLUTION ADOPTING AMENDMENT 2 TO THE FISCAL YEAR 2020 (PROGRAM YEAR 2019) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque prepared an Annual Action Plan for Fiscal Year 2020; and Whereas, the City now desires to amend said Annual Plan by reallocating funds between existing activities and adding funds from the CARES Act allocation; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City after a public hearing; and Whereas, the City made available for public comment said Annual Action Ran on April 15, 2020 at a public meeting of the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed said amendment during a public hearing on April 21, 2020 and voted to approve said amendment and recommend approval by the City Council; and Whereas, the City made available for public comment said Annual Action Plan again on April 28, 2020 at a public meeting of the City Council; and Whereas, the City Council reviewed said amendment during a public hearing on May 4, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Fiscal Year 2020 (Program Year 2019) Annual Action Plan Amendment 2, attached hereto as Exhibit A is hereby approved. Section 2. That the Community Development Block Grant Fiscal Year 2020 (Program Year 2019) Annual Action Plan, as Amended, shall be included in the Five -Year Consolidated Plan for the use of Community Development Block Grant Funds for Fiscal Year 2016-2020. Passed, approved and adopted this 4th day of May, 2020. Roy D. Buol, Mayor Attest: Kevyr(S. rirnstahl, Ciry Clerk Annual Plan Budget Amendment 2 PROJECTED SOURCES FY 2020 FY 2020 Entitlement 1,080,989 1,080,989 CDBG-CV Allocation 647,301 Recreation Various Program Fees 4,675 4,675 Homeowner Loan Repayments 201,685 124,610 Rental Loan Repayments 38,458 14,270 Infill -Loan Repayments 5,590 5,590 1st Time Homeowner Loans 69,532 78,500 Reimbursements -General 5,217 3,500 Sale of Assets - Other 80,000 80,000 City Manager's Office Reimbursements -General 30 30 Total Program Income 405,187 311,175 Unexpended Funds Previous Fiscal Years 1,215,407 Total 1,486,176 3,254,872 Adopted FY20 AAP Carryover Re -Allocated Funds CDBG-CV Allocation Budget Amendment 2 Administrate $ 129,460 $ 407,677 CDBG Admin. Services and Staff 129,451 14,956 144,407 Housing Administration 46,213 16,529 62,742 Neighborhood Development Services and Staff 60,219 10,849 71,068 Public Information/Human Rights COVID Response 20,000 20,000 Health Department Admin COVID Response 32,500 32,500 Neighborhood Development COVID Response 6,960 6,960 Housing Admin COVID Response 70,000 70,000 Economic Developme - $ Microenterprise Assistance Program 44,870 25,000 69,870 Economic Development TOTAL Housing Development First Time Homebuyer Program 20,000 35,000 Homeowner Rehab (Small & Large) 75,000 6,315 Housing Code Enforcement 109,536 (56,880) Housing Rehabilitation Services and Staff 356,796 Lead Hazard Reduction Lead & Healthy Homes Match 40,000 5,001 Low Int/Forgivable Loans 25,077 Purchase/Rehab/Resale 87,213 78,480 Rental Unit Rehabilitation 200,000 75,000 AH NI 150,000 Temporary Shelter for Covid-19 Tenant Based Assistance 200,000 52,000 (89,000) 180,000 20,000 55,000 81,315 104,656 267,796 45,001 25,077 165,693 275,000 150,000 180,000 20,000 Neighborhood and Community Development $ 317,841 $ 1,407,787 Neighborhood Infrastructure Improvements Accessible Curb Ramps 12,600 (12,600) Broadband 100,000 100,000 Asphalt Overlay Low -Moderate Income Areas 58,305 58,305 Sidewalks 10,000 10,000 Neighborhood Recreation Program 131,096 28,521 104,146 263,763 Neighborhood Support Grants 14,560 13,699 28,259 Visiting Nurses Association 85,000 85,000 Purchase of Services - Competative Grant Allocation 20,000 11,000 31,000 HEART Program 10,000 10,000 20,000 Senior Center 18,200 4,550 22,750 Washington Tool Library 15,790 2,402 18,192 COVID related Response, Community Application 72,000 72,000 Zoning Inspection/Enforcement 7,710 7,710 Public Facility Projects - Eagle Valley Park* 30,530 100,783 131,313 Tree Removal and Replacement LMA 42,800 42,800 Liberty Recovery Center 150,000 150,000 Crescent Community Health Center 300,000 300,000 St. Mark's Tuckpointing 25,000 25,000 Diagnostic Testing Facility for Covid-19 41,695 41,695 Grand Total $ 1,449,384 Contingency 6862 *Reallocated to Comiskey Park due to Census Changes Unallocated 1,165,142 $ 3,254,872 (0) STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 04/30/2020 and for which the charge is 22.63 Subscribed to before me, a Notary Pu Dubuque County, Iowa, this 30th day of April, 2020 in and for ublic in and for Dubuqu County, Iowa. JANET K. PAPE Commission Number 199669 My Comm. E.xp, DEC 11, 2022 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meeting to commence at 6:30 p.m. on Monday, May 4, 2020 by virtual means for the purpose of holding a public hearing and taking action to include the Fiscal Year 2020 (Program Year 2019) Community Development Block Grant Annual Action Plan Amendment 2. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, on or before said time of public hearing. All interested citizens and parties can submit online, written comments for or against said proposal. As a result of the COVID-19 pandemic, this meeting will be conducted virtually. Instructions for public input and viewing/listening options will be posted on the meeting agenda on Friday, May 1, 2020 at https://www.cityofdubuque.org/agendas. Individuals with limited English proficiency, vision, hearing or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Kevin S. Firnstahl, CMC, City Clerk 1t 4/30 OMB Number: 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF-424 * 1. Type of Submission: n Preapplication n Application Changed/Corrected Application * 2. Type of Application: * If Revision, select appropriate letter(s): X New Continuation E Revision * Other (Specify): 4. Applicant Identifier: 06/30/2019 2019 CDBG-CV Funds 5a. Federal Entity Identifier: 5b. Federal Award Identifier: IA191464 DUBUQUE State Use Only: 6. Date Received by 7. State Application Identifier: State: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF DUBUQUE * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS: 42-6004593 0931053020000 d. Address: *Streetl: Street2: *City: County/Parish: *State: Province: *Country: * Zip / Postal Code: CITY OF DUBUQUE BUDGET DEPARTMENT 50 W 13TH ST DUBUQUE DUBUQUE IA: Iowa USA: UNITED STATES 52001-4805 e. Organizational Unit: Department Name: Division Name: Housing & Community Developmen f. Name and contact information of person to be contacted on matters involving this application: Prefix: Ms. * First Name: Alexis Middle Name: * Last Name: Steger Suffix: Title: Housing & Community Development Director Organizational Affiliation: *Telephone Number: 563-589-4230 Fax Number: 563-589-4149 *Email: asteger@cityofdubuque.org Application for Federal Assistance SF-424 * 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 & URBAN DEVELOPMENT 11. Catalog of Federal Domestic Assistance Number: 14.218 CFDA Title: Community Development Block Grant - Entitlement * 12. Funding Opportunity Number: B-20-MW-19-0004 * Title: PROGRAM YEAR 2019 OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT CPD FORMULA PROGRAMS: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): ,rt�Cdd Attac[Imentwetefe . � ... ,. �� AtaeEimett . � � �:� crcYf € * 15. Descriptive Title of Applicant's Project: CDBG-CV Funds to be used to prevent, prepare for, and respond to the Coronavirus Pandemic in Dubuque, Iowa. Attach supporting documents as specified in agency instructions. Arid Attachments De(�e(,!T:: - rA act enfs Application for Federal Assistance SF-424 16. Congressional * a. Applicant Districts Of: IA-1 * b. Program/Project IA-1 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachrtient D :teteAtac rjeti:o - " 0. : 17. Proposed *a. Start Date: Project: 07/01/2019 *b. End Date: 06/30/2027 18. Estimated Funding ($): *a. Federal * b. Applicant *c. State * d. Local * e. Other * f. Program Income *g.TOTAL 647,301.00 647,301.00 * 19. Is Application n a. This application b. Program Subject to Review By State Under Executive Order 12372 Process? was made available to the State under the Executive Order 12372 Process for review on is subject to E.O. 12372 but has not been selected by the State for review. is not covered by E.O. 12372. X c. Program * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Yes C No If "Yes", provide explanation and attach 0 Adct ttact e �� 7e ,„ .-ch , yi j- t ktfa f et 21. *By signing herein are true, comply with any subject me to this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific X ** I AGREE ** The list of certifications instructions. Authorized Representative: Prefix: Middle Name: * Last Name: Suffix: * First Name: ROY BUOL *Title: MAYOR *Telephone Number: 563-564-5455 Fax Number: *Email: RBUOL@CITYOFDUBUQUE.ORG * Signature of Authorized Representative: .i * Date Signed: (02=0 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number: 4040-0009 Expiration Date: 01/31/2019 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. 2. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 3. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. § §1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodpiains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of 16. 17. 18. 19. 20. Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUJHORIZED CERTIFYING OFFICIAL APPLICANT OR2IZATION CITY OF DUBUQUE TITLE MAYOR DATE SUBMITTED SF-424D (Rev. 7-97) Back 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. Uniform Relocation Act and Anti -displacement and Relocation Plan -- It 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. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti -displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. 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. 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 Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) an.;;implementing regulations at 24 CFR Part 135. Signature cj Authorized Official Roy D. Buol, Mayor Title 8/20/20 Date Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-tetni and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i.e., the development of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements -of 24 CFRParts9-1-and-5-70 Following a Plan -- It is following a current consolidated plan that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, 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 CDBG-assisted activities which the grantee certifies 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, and other financial resources are not available (see Optional CDBG Certification). 2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) 2019, 2020 and 2021 [a period specified by the grantee 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 that benefit such persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan 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 used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed 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 funds. In addition, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds 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 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 which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Compliance with Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations. Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R. Complian ,e with Laws -- It will comply with applicable laws. 8/20/20 Signatu '; ` o f Authorized Official Date Roy D. Buol, Mayor Title APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Funding ApprovalAgreement 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) Dubuque 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 50`h W. 13`h Street City Hall Dubuque, IA 520001 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 3a. Grantee's 9-digit Tax ID Number 426004596 4. Date use of funds may begin (mm/dd/yyyy) 09/14/2020 OMB Approval No. 2506-193 exp 5/31/2018 3b. Grantee's 9-digit DUNS Number 093105302 5a. Project/GrantNo. 1 B-20-MW-19-0004 5b. Project/Grant No. 2 6a. Amount Approved $647,301 6b. Amount Approved 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 may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the 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 may be 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) Francis T. Severin Grantee Name (Contractual Organization) Dubuque Title Director, Community Planning and Development Division Title Ma y o r Signature Digitally signed by: Francis Tim Severin -, (,v--_----Date: 2020.09.14 13:53:00 -05'00' Date (mm/dd/yyyy) 09/14/2020 Signature x a Date (mm/dd/yyyy) 09/13/202( 7. Category of Title I Assistance for this Funding Action: Entitlement, Sec 106(b) 8. Special Conditions (check one) ❑ None ® Attached 9a. Date HUD Received Submission (mm/dd/yyyy) 07/10/2020 10. check one r a. Orig. Funding Approval ❑ b. Amendment Amendment Number 9b. Date Grantee Notified (mm/dd/yyyy) 09/14/2020 9c. Date of Start of Program Year (mm/dd/yyyy) 07/01/2020 11. Amount of Community Development Block Grant FY (2020) a. Funds Reserved for this Grantee $647,301 b. Funds now being Approved c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved N/A 12b. Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terns and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency Title Signature HUD Accounting use Only Batch TAC Program Y A Reg Area 1 5 3 1 7 6 Y Region 7, Field Office 26, Appropriation 860/20162, PAS Code ECV, Source Year 2020 (3) Effective Date (mm/dd/yyyy) Document No. Project Number Project Number Proiect Number Category Amount Amount Amount F Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082 (5/15)