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Resolution 12371CITY OF ALAMEDA RESOLUTION NO. 12371 AUTHORIZING APPLICATION FOR 1993 FEDERAL EMERGENCY SHELTER GRANT FUNDS WHEREAS, the State of California, Department of Housing and Community Development, Division of Community Affairs, issued a Request for Proposals under the 1993 Federal Emergency Shelter Grant Program; and WHEREAS, the City of Alameda is a nonprofit corporation and is willing to accept the grant; and WHEREAS, if the City of Alameda receives a grant from the 1993 Federal Emergency Shelter Grant Program, it certifies that all uses of the funds will be in compliance with 1993 Federal Emergency Shelter Grant Program Regulations and Contract. NOW, THEREFORE, BE IT RESOLVED by the Council of the City?), of Alameda that said Council hereby authorizes the City Manager or his delegate to execute all required certifications, as specified in the Statement of Certifications attached hereto as Attachment A, apply for and accept the 1993 Federal Emergency Shelter Grant in the amount of not more than $200,000, and to enter into a Standard. Agreement and any amendment thereto with the Department of Housing and Community Development of not more than $200,000, and to perform any and all responsibilities in relationship to such contract. ATTACHMENT A Page 1 c STATEMENT OF CERTIFICATIONS The City/County of (or the (nonprofit organization)) hereby assures and certifies that: (a) It possesses the legal authority to apply for the grant, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act or resolution, motion, or similar action authorizing the filing of the application, including all understandings and assurances contained therein, • and authorizing the applicant's chief executive officer or other designee to act in connection with the application and to provide such additional information as may be required; (c) No renovation, major rehabilitation, or conversion activity funded by this grant will: (1) involve adverse alterations to a property that is listed on the National Register of Historic Places, is located in an historic district or is immediately adjacent to a property that is listed on the Register, or is deemed by the State Historic Preservation Officer to be eligible for listing on the Register; (2) take place in any 100 -year flood plain designated by map by the Federal Emerge ^; Management Agency (FEMA), unless the community in which the area is situate; participating in the National Flood Insurance Program and regulations thereunder or less a year has passed since FEMA notification regarding such hazards, in which case the grantee ensures that flood insurance on the structure is obtained; jeopardize the continued existence of an endangered or threatened species as designated by the U.S. Department of the Interior (Fish and Wildlife Service) or the U.S. Department of Commerce (National Marine Fisheries Service) or affect the critical habitat of such a species: (d) (For cities and counties only) It consents to assume the role of either "Lead Agency" as defined by Section 21067 of the California Public Resources Code, or if another agency is or will be designated "Lead Agency ", it consents to assume the role of "Responsible Agency" as defined by Section 21069 of the California Public Resources Code in order to comply with the California Environmental Quality Act (CEQA); (3) (e) It will comply with the policies, guidelines and requirements of OMB Circular A -87 and A -102 as they relate to the acceptance and use of emergency shelter grant amounts by local governments, and A -110 and A -122 as they relate to the acceptance and use of emergency shelter grant amounts by private non -profit organizations; 26 ATTACHMENT A Page 2 of 4 (f) h will comply with the following regarding nondiscrimination: (1) Title VIII of the Civil Rights Act of 1968 and implementing regulations; (2) Executive Order 11063 and implementing regulations; (3) Title VI of the Civil Rights Act of 1964 and implementing regulations; (4) The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973; (5) Executive Order 11246 and implementing regulations; (6) Section 3 of the Housing and Urban Development Act of 1968; (7) Executive Orders 11625, 12432, and 12138 regarding encouragement of minority and women's business participation; . (8) The prospective contractor's signature affixed heron and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103; (g) For major rehabilitation or conversion, it will comply with the Uniform Federal Accessibility Standards (24 CFR Part 40, Appendix A); (h) No person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee or nonprofit recipient (or of any designated public agency) that receives emergency shelter grant amounts and who exercises or has exercised any functions or responsibilities with respect to assisted activities or who is in a position to participate in a decision - malting process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect hereto, or the proceeds thereunder, either for him or herself or those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter; It will comply with the applicable requirements of the Lead Based Paint Poisoning Prevention Act and implementing regulations; (j) It will not employ, award contracts to, or otherwise engage the services of any contractor while that contractor is in a period of debarment, suspension, or placement in ineligibility status under the provision of 24 CFR Part 24; (k) It will maintain records necessary to document compliance with applicable requirements and will give HUD, the Comptroller General, the State Department of Housing and Community Development (HCD), or any of their authorize-d representatives access to and the right to examine all records related to the grant; (i) ATTACHMENT A Page 3 0 (1) It will supplement its grant amount with an equal amount of funds from sources other than this grant after the date of grant award; (m) Reports required by the State or HUD shall be submitted in a timely manner and contain all required information as can reasonably be made available. I further certify that (Applicant) will comply with the following special federal requirements: (1) The requirements of 24 CPR 576.21(a)(4)(ii) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will not supplant funding for preexisting homeless prevention activities from any other source. (2) The requirements of 24 CFR 576.51(b)(2)(iii) concerning the submission by nonprofit organizations applying for funding of a certification of approval of the proposed project(s) from the unit of local government in which the proposed project is located. The requirements of 24 CFR 576.51(b)(2)(v) concerning the funding of emergency shelter in hotels or motels or commercial facilities providing transient housing. (4) The requirements of 24 CFR 576.73 concerning the continued use of buildings for which emerges; shelter grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services, concerning the population to be served. (3) (5) The building standards requirements of 24 CFR 576.75; (6) The requirements of 24 CFR 576.77, concerning assistance to the homeless; and (7) The requirements of 24 CFR 576.79, other appropriate provisions of 24 CFR Part 576, and other applicable Federal laws concerning nondiscrimination and equal opportunity. (8) The requirements of 24 CFR 576.80 concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (9) The requirement of 24 CFR 576.80 concerning minimizing the displacement of persons as a result of a project assisted with these funds. ATTACHMENT A Page 4 of 4 I further certify that the (Applicant) will comply with the requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. (For Local Government Applicants Only) I further certify that the submission of an application for an emergency shelter grant is authorized under State and /or local law and that the local government possesses legal authority to carry out emergency grant activities in accordance with applicable law and regulations of the Department of Housing and Urban Development. I further certify that the local government will comply with the provisions of, and regulations and procedures applicable under, Section 104(g) of the Housing and Community Development Act of 1974 with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. (For All Applicants) This certification is made under penalty of perjury under the laws of the State of California. CERTIFYING OFFICIAL: (Print Name) (Signature) (Date) I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 16th day of March , 1993, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: Councilmembers Appezzato, Arnerich, Lucas and Acting President Roth - 4. None. Mayor Withrow - 1. None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of March , 1993. °1 47611/ Diane . Felsch, City Clerk City cf Alameda