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CDBG Fiscal Year 2020 Annual Action Plan Amendment #3 Copyrighted September 8, 2020 City of Dubuque Action Items # 6. City Council Meeting ITEM TITLE: CDBG Fiscal Year 2020 Annual Action Plan Amendment#3 SUM MARY: City Manager recommending approval of Fiscal Year 2020 Community Development Block Grant (CDBG)Annual Action Plan Amendment 3— adjustments to CDBG-CV (CARES Act)allocation to provide more funding to the activities that showed the greatest need in preventing, preparing for and responding to the Coronavirus pandemic. RESOLUTION Adopting Amendment No. 3 to the Fiscal year 2020 (Program year 2019) Community Development Block Grant (CDBG) Annual Action Plan SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type CDBG Annual Action Plan Amendment 3-MVM Memo City Manager Memo FY20 Annual Action Plan Memo-Amendment 3 Staff Memo Resolution Resolutions FY20 CDBG AAP Amendment 3 Supporting Documentation FY20 CDBG AAP Amendment 3 CAPS Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Fiscal Year 2020 Community Development Block Grant (CDBG) Annual Action Plan Amendment 3 - Adjustments to CDBG-CV Allocation DATE: September 1, 2020 Housing and Community Development Director Alexis Steger recommends City Council approval of Fiscal Year 2020 Community Development Block Grant (CDBG) Annual Action Plan Amendment 3 — adjustments to CDBG-CV (CARES Act) allocation to provide more funding to the activities that showed the greatest need in preventing, preparing for and responding to the Coronavirus pandemic. Suggestions for the reallocation of funds are summarized below: • $180,000 allocated for Temporary Shelter for Homeless/Doubled Up families who need to be isolated will be broken down into Rehabilitation of the facility ($100,000) and Operation of the facility ($80,000) • $100,000 for broadband access for low/moderate income areas will be reallocated to tenant-based assistance ($84,575) and AmeriCorps Partners in Learning ($15,425) • $41,695 for a drive-thru diagnostic testing facility will be fully reallocated to non-profit community support through applications to the Commission The Community Development Advisory Commission approved the allocation of funding for the new allocation of CDBG-CV funds. I concur with the recommendation and respectfully request Mayor and City Council approval. � 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 Dubuque THE CITY OF � All-Ameriea Git� DUF E �� `'r III �� Maste 12Ce DYl ��2e M1S51SS1 2 zoa��zoiz=zois � pp zoi�*zoi� TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing & Community Development Director DATE: August 26, 2020 RE: Fiscal Year 2020 Community Development Block Grant (CDBG) Annual Action Plan Amendment 3 — Adjustments to 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 3 is adjusting allocation of CDBG-CV (CARES Act) funding in the Fiscal Year 2020 CDBG Annual Action Plan budget to provide more funding to the activities that showed the greatest need in preventing, preparing for and responding to the Coronavirus pandemic. 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 15t", 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 reallocation of funds are detailed in the attached and summarized below: • $180,000 allocated for Temporary Shelter for Homeless/Doubled Up families who need to be isolated will be broken down into Rehabilitation of the facility ($100,000) and Operation of the facility ($80,000) • $100,000 for broadband access for low/moderate income areas will be reallocated to tenant-based assistance ($84,575) and AmeriCorps Partners in Learning ($15,425) • $41,695 for a drive-thru diagnostic testing facility will be fully reallocated to non-profit community support through applications to the Commission Commission Action The Community Development Advisory Commission set a public hearing at their May 28th, 2020 meeting for the CDBG Annual Action Plan Amendment 3. The Community Development Advisory Commission held the public hearing on June 2nd, 2020 and approved the allocation of funding for the new allocation of CDBG-CV funds as presented. Requested Action I respectfully request the City Council review Amendment #3 to the FY 2020 Community Development Block Grant Annual Plan and adopt the plan as presented. Prepared by Christopher Lester, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: 563-690-6072 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100 RESOLUTION NO. 284-20 A RESOLUTION ADOPTING AMENDMENT 3 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 Year2020; and Whereas, the City now desires to amend said Annual Plan by reallocating funds between existing activities and providing funds for new activities; 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 by the Community Development Advisory Commission; and Whereas, the City made available for public comment said Annual Action Plan on May 28, 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 June 2, 2020 and voted to approve said amendment and recommend approval by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Community Development Block Grant Fiscal Year 2020 (Program Year 2019) Annual Action Plan Amendment 3, attached hereto as Exhibit A is hereby approved. Section 2. 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 8th day of September 2020 EP 14d, Roy D. Buol, Mayor Attest: Ke, in®S. Firnstahl, City Clerk Annual Plan Budget Amendment 2 eudget Amendment 3 PROJECTED SOURCES FY 2020 FY 2020 FY 2020 Entitlement 1,080,989 1,080,989 1,080,989 CDBG-CV Allocation 647,301 647,301 Recreation Various Program Fees 4,675 4,675 4,675 HomeownerLoanRepayments 201,685 124,610 124,610 Rental Loan Repaymenis 38,458 14,270 14,270 Infill-Loan Repaymenis 5,590 5,590 5,590 1stTimeHomeownerLoans 69,532 78,500 78,500 Reimbursemenis-General 5,217 3,500 3,500 Sale of Assets-Other 80,000 50,000 80,000 City Manager's Office Reimbursements-General 30 30 30 Total Progrem Income 405,187 311,175 311,175 Unexpended Funds Previous Fiscal Years 1,215,407 1 215,407 Total 1,486,176 3,254,872 3,254,872 AdoptedFY20AAP Carryover Re-AllocatedFunds CDBG-CVAllocation eudge[Amendmen[2 CDBG-CVRe-Allo<a[ion BudgetAmendment3 Administretion $ 129,460 5 407,677 $ - 5 407,677 CDBG Admin.5ervices and Staff 129,451 14,956 144,407 144,407 Housing Administretion 46,213 16,529 62,74z 62,742 Neighborhood Development Services and Staff 60,219 10,849 71,068 71,068 Public Information/Human Rights COVID Response 20,000 20,000 20,000 Heal[h Departmen[Admin COVID Response 32,500 32,500 32,500 Neighborhood Development COVID Response 6,960 6,960 6,960 Housing Admin COVID Response 70,000 70,000 70,000 Economic Development � - S 69,870 - 5 69,870 Mi<roenterpriseAssistanceProgrem 44,870 Z5,000 69,870 69,870 Economic Development TOTAL Housing Development � $ 200,000 $ 1,369,538 5 84,575 S 1,454,113 FirstTime Homebuyer Progrem 20,000 35,000 55,000 55,000 Homeowner Rehab(Small&Large) 75,000 6,315 81,315 81,315 Housing Code Enforcement 109,536 (56,880) 52,000 104,656 104,656 Housing Rehabilitation Services and Staff 356,796 (59,000) 267,796 267,796 Lead Hazard Reduction - - Lead&HealthY Homes Match 40,000 5,001 45,001 45,001 Low Int/Forgivable Loans 25,077 25,077 25,077 Purchase/Rehab/Resale 87,213 78,480 165,693 165,693 RentalUni[Rehabilitation 200,000 75,000 275,000 275,000 AHNI 150,000 150,000 150,000 TemporaryShelterforCovid-l9-Rehabilitation 180,000 180,000 (80,000) 100,000 TemporeryShelterforCovid-l9-Operetion 80,000 80,000 TenantBasedAssistance 20,000 20,000 84,575 104,575 Neighborhood and Communiry Development $ 3ll,841 $ 1,407,787 $ (84,575) $ 1,323,212 Neighborhood Infrestructure Improvements Accessible Nrb Ramps 12,600 (12,600� - - Broadband 100,000 100,000 (100,000) - Asphalt Overlay Low-Moderate Income Areas 58,305 58,305 58,305 Sidewalks 10,000 10,000 10,000 Neighborhood Recreation Progrem 131,096 28,521 104,146 263,763 263,763 Neighborhood Support Grents 14,560 13,699 28,259 28,259 Visiting Nurses Association 85,000 85,000 85,000 Purchase of Services - - Competative Grant Albcation Z0,000 11,000 31,000 31,000 HEART Program 10,000 10,000 20,000 20,000 SeniorCenter 18,200 4,550 22,750 22,750 WashingtonToolLibrarY 15,790 2,402 18,192 18,192 COVID related Response,Community Application 72,000 72,000 41,695 113,695 Zoninglnspection/Enforcement 7,710 7,710 7,710 Public Facility Projeas - - Eagle Valley Park* 30,530 100,783 131,313 131,313 Tree Removal and Replacement LMA 42,500 42,800 42,800 Liberty RecoverY Center 150,000 150,000 150,000 Crescent Communiry Heakh Center 300,000 300,000 300,000 5t.Mark's Tuckpointing Z5,000 25,000 25,000 DiagnosticTestingFacilityforCovid-19 41,695 41,695 (41,695) - Americorps Partners in Learning - 15,425 15,425 GrendTotal $ 1,449,384 1,165,142 $ 3,254,872 - $ 3,254,872 Contingency 6862 Unallocated $ (0) $ (0) 'Reallocated to Comiskey Park due to Census Changes COMMUNITY DEVELOPMENT BLOCK GRANT- FY 2020 ANNUAL ACTION PLAN: CAPS 20 %ADMINISTRATIVE CAP 15%PUBLIC SERVICE CAP FY 20 CDBG Allocation 1,728,290 1,080,989 FY 20 CDBG Allocation Current Year Program Income 31 1,175 343,892 Previous Year Program Income Total Available 2,039,465 1,424,881 Total Available Cap% 20% 15% Public Service Cap% Maximum allowed 407,893 213,732 Maximum allowed ADMIN PUB SERVICE PUB SERVICE UNCAPPED FY20 AP FY20 AP CDBG-CV FY20 AP First Time Homebuyer Program 55,000 Eagle Valley Park 131,313 Homeowner Rehab(Small&Large) 81,315 Housing Code Enforcement 104,656 Housing Rehabilitation Services and Staff 267,796 Lead Hazard Reduction 70,078 Purchase/Rehab/Resale 165,693 Rental Unit Rehabilitation 275,000 Microenterprise Assistance Program 69,870 Accessible Curb Ramps 0 Asphalt Overlay Low-Moderate Income Areas 61,345 Neighborhood Infrastructure Improvements 10,000 Zoning Inspection/Enforcement 7,710 Neighborhood Recreation Program 159,617 Neighborhood Support Grants 28,259 Four Mounds HEART 20,000 Senior Center 22,750 Washington Tool Library 18,192 Purchase of Services 31,000 COVID Response,CommunityApplications 113,695 COVID Recovery Recreation 104,146 AmeriCorps Partners in Learning 15,425 COVID Broadband Visiting Nurses Association 85,000 AHNI 150,000 Liberty Recovery Center 150,000 Crescent Community Health Center 300,000 St Marks Tuckpointing 25,000 Tree Removal and Replacement LMA 42,800 Public Information COVID Response 20,000 Health Department Admin COVID Response 32,500 Neighborhood Development COVID Response 10,000 Housing Admin COVID Response 70,000 Neighborhood Development Services and Staff 68,028 Housing Administration 62,742 CDBG Admin.Services and Staff 144,407 Operation of Temporary Shelter for Covid-19 80,000 Rehabilitation of Temporary Shelter for Covid-19 100,000 Tenant Based Assistance 104,575 Diagnosis/Testing Facility for Covid-19 Contingency TOTALS 407,677 279,818 233,266 2,337,151 Subtract Previous Year Unspent Public Service Obligations (70,172) TOTAL PROPOSED FOR PUBLIC SERVICE 209,646 OVER(UNDER)Maximum Cap (216) (4,086) OMB Number: 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF-424 * 1. Type of Submission: Preapplication ❑ Application �X Changed/Corrected Application * 2. Type of Application: * If Revision, select appropriate letter(s): New �X Continuation * Other (Specify): ❑ Revision 4. Applicant Identifier: 06/30/2019 B-20-MW-19-0004 5a. Federal Entity Identifier: 5b. Federal Award Identifier: IA191464 DUBUQUE State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF DUBUQUE * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS: 0931053020000 42-6004593 d. Address: * Street1: CITY OF DUBUQUE BUDGET DEPARTMENT Street2: 50 W 13TH ST * City: County/Parish: DUBUQUE DUBUQUE * State: IA: Iowa Province: *Country: USA: UNITED STATES *Zip / Postal Code: 52001-4805 e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Middle Name: Ms , —� * First Name: Alexis * 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 CARES Act Funding * 12. Funding Opportunity Number: N/A * Title 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 15. Descriptive Title of Applicant's Project: JURISDICTIONS FISCAL YEAR 2020 ANNUAL PLAN AMENDMENT 3 FOR THE USE OF CDBG FUNDS. INCLUDES 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. Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant IA-1 * b. Program/Project IA-1 Attach an additional list of Program/Project Congressional Districts if needed. £Add Attachment fettachrr�f€�l�evttacktrek 17. Proposed Project: *a. Start Date: 07/Ol/2019 * b. End Date: 06/30/2020 18. Estimated Funding ($): *a. Federal 965,256.00 * b. Applicant * c. State 1 * d. Local * e. Other *f. Program Income-..^� 965,256.00 *g.TOTAL * 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. ❑X c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes," provide explanation in attachment.) ❑ Yes ❑X No If "Yes", provide explanation and attach Add�tjacZe�t � �t�elete��tacmg��,. :%t�i�Att��`hCa"t����,> 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) ❑X ** I AGREE ** 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: * First Name: Roy Middle Name: * Last Name: BUOL Suffix: * Title: MAyOR *Telephone Number: 563-564-5455 Fax Number: *Email: RBUOL@CITYOFDUBUQUE.ORG * Signature of Authorized Representative: * Date Signed: oTanla 2 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number: 4040-0009 Expiration Date: 02/28/2022 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 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. 2• 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. 3. 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. 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. 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 0) the requirements of any other nondiscrimination statue(s) which may apply to the application. Previous Edition Usable 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 floodplains 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 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). 16. 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. 17. 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). 18. 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." 19• Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. 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. 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 malting 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 fiends 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 fiends 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. 1701 u) and implementing regulations at 24 CFR Part 13 5. 6l Signature 6f Authorized Official Date MY0 Title Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation -- It is in fiill 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-term 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 CFR Parts 91 and 570. 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 Rinds, including Section 108 guaranteed loans, during program year(s) _2019, 2020.2021 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 fiords, 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 Rinds 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 fiends) 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 fiords 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. Compliance ith Laws -- It will comply with applicable laws. 16 Signature ofuthorized Official Date �U01, Title OPTIONAL Community Development Block Grant Certification Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG- assisted activities which 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,#nd other financial resources are not available to meet such needs. Signature,,., Authorized Official Date _(ro,yor Title , Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If it plans to provide tenant -based rental assistance, the tenant -based rental assistance is an essential element of its consolidated plan. Eligible Activities and Costs -- It is using and will use HOME finds for eligible activities and costs, as described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214. Subsidy layering -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature pAuthorized Official Date V OC, Title Emergency Solutions Grants Certifications The Emergency Solutions Grants Program recipient certifies that: Major rehabilitation/conversion/renovation — If an emergency shelter's rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation. If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion. In all other cases where ESG Rinds are used for renovation, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation. Essential Services and Operating Costs — In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the recipient will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure, so long the recipient serves the same type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or persons in the same geographic area. Renovation — Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services — The recipient will assist homeless individuals in obtaining permanent housing, appropriate supportive services (including medical and mental health treatment, victim services, counseling, supervision, and other services essential for achieving independent living), and other Federal State, local, and private assistance available for these individuals. Matching Funds — The recipient will obtain matching amounts required under 24 CFR 576.201. Confidentiality — The recipient has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement — To the maximum extent practicable, the recipient will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services assisted under the ESG program, and in providing services for occupants of facilities assisted under the program. Consolidated Plan — All activities the recipient undertakes with assistance under ESG are consistent with its consolidated plan. Discharge Policy — The recipient will establish and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons. ,'/' Sign ure of Authorized Official Date Mayor Title Dousing Opportunities for Persons With AIDS Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the consolidated plan: 1. For a period of not less than 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For a period of not less than 3 years in the case of assistance involving non -substantial rehabilitation or repair off building or structure. m, Signature" of Authorized Official Date (�ONOP 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.