HomeMy WebLinkAbout2025-06-09 25-189 OrderCITY COUNCIL ACTION
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25-189
JUNE 9. 2025
Applicant and Recipient U.S. Department of Housing OMB Number: 2501-0044
Assurances and Certifications and Urban Development Expiration Date: 2/28/2027
Instructions for the HUD 424-B Assurances and Certifications
As part of your application for HUD funding, you, as the official authorized to sign on behalf of your organization or as an individual,
must provide the following assurances and certifications. The Responsible Civil Rights Official has specified this form for use for
purposes of general compliance with 24 CFR §§ 1.5, 3.115, 8.50, and 146.25, as applicable. The Responsible Civil Rights Official
may require specific civil rights assurances to be furnished consistent with those authorities and will specify the form on which such
assurances must be made. A failure to furnish or comply with the civil rights assurances contained in this form may result in the
procedures to effect compliance at 24 CFR §§ 1.8, 3.115, 8.57, or 146.39.
By submitting this form, you are stating that all assertions made in this form are true, accurate, and correct.
As the duly representative of the applicant, I certify that the
applicant: [Insert below the Name and title of the Authorized
Representative, name of Organization and the date of
signature]:
*Authorized Representative Name:
*Title:
Applicant/Recipient Organization:
1. Has the legal authority to apply for Federal assistance,
has the institutional, managerial and financial capability
(including funds to pay the non -Federal share of program
costs) to plan, manage and complete the program as
described in the application and the governing body has duly
authorized the submission of the application, including these
assurances and certifications, and authorized me as the
official representative of the application to act in connection
with the application and to provide any additional information
as may be required.
2. Will administer the grant in compliance with Title VI of
the Civil Rights Act of 1964 (42 U.S.0 2000(d)) and
implementing regulations (24 CFR part 1), which provide that
no person in the United States shall, on the grounds of race,
color or national origin, be excluded from participation in, be
denied the benefits of, or otherwise be subject to
discrimination under any program or activity that receives
Federal financial assistance OR if the applicant is a
Federally recognized Indian tribe or its tribally designated
housing entity, is subject to the Indian Civil Rights Act (25
U.S.C. 1301-1303).
3. Will administer the grant in compliance with Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794), as
amended, and implementing regulations at 24 CFR part 8,
the American Disabilities Act (42 U.S.C. §§ 12101 et.seq.),
and implementing regulations at 28 CFR part 35 or 36, as
applicable, and the Age Discrimination Act of 1975 (42
U.S.C. 6101-07) as amended, and implementing regulations
at 24 CFR part 146 which together provide that no person in
the United States shall, on the grounds of disability or age,
be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any
program or activity that receives Federal financial
assistance; except if the grant program authorizes or limits
participation to designated populations, then the applicant
will comply with the nondiscrimination requirements within
the designated population.
4. Will comply with the Fair Housing Act (42 U.S.C. 3601-
19), as amended, and the implementing regulations at 24
CFR part 100, which prohibit discrimination in housing on the
basis of race, color, religion sex (including gender identity
and sexual orientation), disability, familial status, or national
origin and will affirmatively further fair housing; except an
applicant which is an Indian tribe or its instrumentality which
is excluded by statute from coverage does not make this
certification; and further except if the grant program
authorizes or limits participation to designated populations,
then the applicant will comply with the nondiscrimination
requirements within the designated population.
5. Will comply with all applicable Federal nondiscrimination
requirements, including those listed at 24 CFR §§ 5.105(a)
and 5.106 as applicable.
6. 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, as applicable, Section 104(d) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(d))
and implementing regulations at 24 CFR part 42, subpart A.
7. Will comply with the environmental requirements of the
National Environmental Policy Act (42 U.S.C. 4321 et.seq.)
and related Federal authorities prior to the commitment or
expenditure of funds for property.
8. That no Federal appropriated funds have been paid, or
will be paid, by or on behalf of the applicant, to any person
for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, and officer
or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of this Federal
grant or its extension, renewal, amendment or modification.
If funds other than Federal appropriated funds have or will
be paid for influencing or attempting to influence the persons
listed above, I shall complete and submit Standard Form-
LLL, Disclosure Form to Report Lobbying. I certify that I shall
require all subawards at all tiers (including sub -grants and
contracts) to similarly certify and disclose accordingly.
Federally recognized Indian Tribes and tribally designated
housing entities (TDHEs) established by Federally -
recognized Indian tribes as a result of the exercise of the
tribe's sovereign power are excluded from coverage by the
Byrd Amendment, but State -recognized Indian tribes and
TDHs established under State law are not excluded from the
statute's coverage.
I/We, the undersigned, certify under penalty of perjury
that the information provided above is true and correct.
WARNING: Anyone who knowingly submits a false claim
or makes a false statement is subject to criminal and/or
civil penalties, including confinement for up to 5 years,
fines, and civil and administrative penalties. (18 U.S.C.
§§287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802; 24
CFR §28.10(b)(iii)).
Signature:
Date: (mm/dd/yyyy):
Form HUD 424-B (1/27/2023)
25-189
JUNE 9. 2025
Public Reporting Burden Statement: The public reporting burden for this collection of information is estimated to average 0.5
hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the
data needed, and completing and reviewing the collection of information. Comments regarding the accuracy of this burden estimate
and any suggestions for reducing this burden can be sent to: U.S. Department of Housing and Urban Development, Office of the
Chief Data Officer, R, 451 71h St SW, Room 4176, Washington, DC 20410-5000. Do not send completed HUD-424B forms to this
address. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the
collection displays a valid OMB control number. The Department of Housing and Urban Development is authorized to collect this
information under the authority cited in the Notice of Funding Opportunity for this grant program. The information collected provides
assurances and certifications for legal requirements related to the administration of this grant program. HUD will use this
information to ensure compliance of its grantees. This information is required to obtain the benefit sought in the grant program.
This information will not be held confidential and may be made available to the public in accordance with the Freedom of Information
Act (5 U.S.C. §552).
Form HUD 424-B (1/27/2023)
25-189
JUNE 9. 2025
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 I 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) and implementing regulations at 24 CFR Part 75.
Signature of Authorized Official Date
Title
25-189
JUNE 9. 2025
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-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 funds, including Section 108 guaranteed loans,
during program year(s) [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.
25-189
JUNE 9. 2025
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 with Laws -- It will comply with applicable laws.
Signature of Authorized Official Date
Title
25-189
JUNE 9. 2025
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 and other financial resources are not available to meet such needs.
Signature of Authorized Official Date
Title
25-189
JUNE 9. 2025
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 funds 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 aproject, 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 of Authorized Official Date
Title
25-189
JUNE 9. 2025
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 funds 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.
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JUNE 9, 2025
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.
Signature of Authorized Official Date
Title
25-189
JUNE 9. 2025
Housing 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 of a building or structure.
Signature of Authorized Official Date
Title
25-189
JUNE 9. 2025
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.
IN CITY COUNCIL
JUNE 9, 2025
CO 25-189
Motion made and seconded for Passage of Consent Agenda
Vote: 8 —0
Councilors Voting Yes: Beck, Deane, Fish, Fournier, Leonard, Mallar, Tremble, Pelletier
Councilors Voting No: None
Passed
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CITY CLERK