HomeMy WebLinkAbout09477ORDINANCE NO. 9477
AN ORDINANCE APPROVING AND ADOPTING THE CITY OF
PUEBLO'S 2019-2020 ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND THE HOME
INVESTMENT PARTNERSHIP ACT GRANT (HOME),
AUTHORIZING THE MAYOR OF THE CITY OF PUEBLO TO
SUBMIT THE APPLICATION TOGETHER WITH ALL REQUIRED
AND NECESSARY CERTIFICATIONS, ASSURANCES, AND
DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, AND APPROPRIATING AND
BUDGETING CDBG AND HOME FUNDS THEREFORE
WHEREAS, the City of Pueblo is designated as an entitlement city under the Housing and
Community Development Act of 1974, and will receive Community Development Block Grant
(CDBG) and HOME Investment Partnership Act Grants (HOME) for fiscal year 2019; and
WHEREAS, the City of Pueblo conducted a citizen participation process that included one
public hearing within the City of Pueblo in addition to a second public hearing before City Council
to obtain the views of citizens, non-profit and neighborhood groups on the City’s housing and
community needs; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council hereby finds and determines that the City of Pueblo’s 2019-2020 Action
Plan listing projects and programs for funding from CDBG and HOME federal funds has been
developed to give maximum feasible priority to activities which will benefit low- to moderate-
income families and/or aid in the prevention or elimination of slum and blight, as required by HUD,
and is hereby approved, adopted, and incorporated herein.
SECTION 2.
The Mayor is hereby authorized to submit, in the name of the City of Pueblo, the
Application (SF-424) and the 2019-2020 Action Plan, together with all required and necessary
certifications, assurances and documentation to the U.S. Department of Housing and Urban
Development for $1,434,344.00 in 2019 CDBG funds and $749,275.00 in 2019 HOME funds.
SECTION 3.
CDBG funds in the amount of $1,434,344.00 and HOME funds in the amount of
$749,275.00, which includes the 2019 allocation, and $120,000 in City matching funds are hereby
budgeted and appropriated for the projects and in the amounts set forth in the 2019-2020 Action
Plan. A copy of the recommended projects is included in Attachment 1.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the transactions described within the
Action Plan, including the Mayor executing form agreements with the contractors and non-profits
to see the 2019-2020 Action Plan carried out.
SECTION 5.
This Ordinance shall become effective upon final passage and approval.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on May 28, 2019 .
Final adoption of Ordinance by City Council on June 10, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on June 13, 2019 .
☐
Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Acting City Clerk
City Clerk’s Office Item # R-4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 28, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Bryan Gallagher, Director, Housing and Citizen Services
SUBJECT: AN ORDINANCE APPROVING AND ADOPTING THE CITY OF PUEBLO'S 2019-
2020 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AND THE HOME INVESTMENT PARTNERSHIP ACT GRANT (HOME),
AUTHORIZING THE MAYOR OF THE CITY OF PUEBLO TO SUBMIT THE
APPLICATION TOGETHER WITH ALL REQUIRED AND NECESSARY
CERTIFICATIONS, ASSURANCES, AND DOCUMENTATION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND
APPROPRIATING AND BUDGETING CDBG AND HOME FUNDS THEREFORE
SUMMARY:
This Ordinance approves the 2019-2020 Action Plan as presented. The Action Plan contains the
funding recommendations made by the Citizens’ Advisory Committee (CAC) and Staff.
PREVIOUS COUNCIL ACTION:
City Council has not taken any previous action on this matter.
BACKGROUND:
As an entitlement city, the City of Pueblo is required by the U.S. Department of Housing and
Urban Development (HUD) to complete an annual action plan for each of the years of the
Consolidated Plan. This Action Plan and the accompanying documentation serve as the City’s
application to HUD for the 2019-2020 Community Development Block Grant (CDBG) and HOME
Investment Partnership Act Grants (HOME). This is the fifth Action Plan under the 2015-2019
Five-Year Consolidated Plan.
A public meeting was held to receive citizen input and to hear applicant presentations. The
recommendations of the CAC were presented to the City Council at the November 12, 2018, Work
Session. The CAC recommendations were published in The Pueblo Chieftain on May 1, 2019;
formally opening the 30-day comment period. The Action Plan was distributed to the City Council
under separate cover. The Action Plan was made available to the public for review. Copies were
available at the City Clerk’s Office, the Department of Housing and Citizen Services, and the City’s
website.
FINANCIAL IMPLICATIONS:
The City anticipates receiving $1,434,344.00 in CDBG funding, $32,091.89 in CDBG program
income, and $749,275.00 in HOME Consortium grant funding with an additional $96,095.11 in
program income for housing and community development projects in 2019. The HOME
Consortium grant is shared with Pueblo County on an 87%/13% City/County basis. The HOME
grant requires a match. The City’s portion is $120,000.00.
BOARD/COMMISSION RECOMMENDATION:
The CAC has recommended that the City Council approve the activities outlined in the 2019-2020
Action Plan.
STAKEHOLDER PROCESS:
The following stakeholder processes were undertaken by the Department. On May 1, 2018,
applications for grant funding were made available to the community. A public hearing was held
before the CAC on August 9, 2018. The public hearing was open for public comments, and for
funding applicants to present their requests to the CAC. The CAC deliberations were held on
August 21, 2018. This was an open-meeting, however public comments were not taken. At the
November 12, 2018, Work Session, Staff presented the recommendations of the CAC. The 30-
day comment period was initiated on May 1, 2019, with the publication of a public notice in The
Pueblo Chieftain.
ALTERNATIVES:
The City Council can choose to not apply for the CDBG and HOME grants.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
Attachment 1
CDBG Application
HOME Application
AP Certifications
CDBG Assurances
HOME Assurances
Certification Lobbying
Department Certification
Template of Subrecipient Agreement
• city at
i11PUEBLO
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ATTACHMENT 1 -PY 2019-2020
Community Development Block Grant Program Funds
Project No. Description of Project Applicant Funding Amount
Public Services
CD1902 Tenant Based Rental Assistance Posada, Inc $5,000
Administration
CD 1903 Homeless Supportive Services Program Posada, Inc. $45,000
CD1904 Homeless Youth Outreach Project Posada, Inc. $35,000
CD1905 Home Stability Program Catholic Charities $20,000
CDI906 Youth Recreation at Boys&Girls Club $83,651
Risley Eastside Center
CD 1907 SRDA Transportation SRDA $14,500
CD 1908 Muni Court Boot Camp Pueblo Municipal Court $12,000
Public Facilities/Neighborhood Improvements
CD1909 ADA Ramps-Citywide City of Pueblo $400,000
CD 191 1 Demolition Program City of Pueblo Public Works $150,000
CD1914 Citizen Requested Sidewalks Duane Sevilla/Don &Jeanne Palumbo $35,966
CDI916 Eiler's Neighborhood Pam Kocman $133,451
Improvement Phase 11
Housing Activities
CD1910 Emergency Housing Rehabilitation Pueblo County Housing and $45,000
for Seniors Human Services
CD1912 Owner Occupied Rehab Housing and Citizens Services $75,000
CD1913 Neighborhood revitalization Housing and Citizens Services $75,000
CD 1915 Minor Repairs Program Housing and Citizens Services $50,000
Program Administration
CDI90I Program Administration Housing and Citizen Services $286,868
Total $1,466,436
HOME Partnership Investment Act Program Funds
Project No. Description of Project Organization Funding Amount
H01910 City Administration City of Pueblo S65,186
HO1920 Administration 59,741
Pueblo County
HO1930 Consortium Share Housing Programs(including match funds) 597,676
Community Housing Development Community Housing Development
H01940 Organizations(CHDO) Organizations 51 12,392
HO 1950 Housing Programs City of Pueblo S488,901
HO 1960 City of Pueblo City Match Requirement 5162,698
HO I 9P1 HOME Program Income City of Pueblo 86,095
HO19HP HOME Homebuyer Recaptured Funds City of Pueblo 10,000
Total $1,032,689
OMB Number:4040-0004
Expiration Date:12/31/2019
Application for Federal Assistance SF-424
1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s):
Preapplication ®New
®Application Continuation *Other(Specify):
—1 Changed/Corrected Application Revision
*3.Date Received: 4.Applicant Identifier:
5a Federal Entity Identifier: 5b.Federal Award Identifier:
State Use Only:
6.Date Received by State: 7.State Application Identifier:
8.APPLICANT INFORMATION:
*a.Legal Name: City of Pueblo
*b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS.
84-6000615 0106202840000
d.Address:
*Street/: 1 City Hall Place
Street2:
*City: Pueblo
County/Parish:
*State: CO: Colorado
Province:
*Country: USA: UNITED STATES
*Zip/Postal Code: 81003-1427
e.Organizational Unit:
Department Name: Division Name:
Housing and Citizen Services
f.Name and contact information of person to be contacted on matters involving this application:
Prefix: Mr *First Name: Bryan
Middle Name: Patrick
*Last Name: Gallagher
Suffix:
Title: Director
Organizational Affiliation:
*Telephone Number: 719-553-'849 Fax Number.
*Email: bgallagher@pueblo.us
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:
Department of Housing and Urban Development
11.Catalog of Federal Domestic Assistance Number:
14.218
CFDA Title.
Community Development Block Grant
12.Funding Opportunity Number:
'Title:
13.Competition Identification Number:
Title:
14.Areas Affected by Project(Cities,Counties,States,etc.):
LowMod CensusBlockGrps'D14.pdf Add Attachment Delete Attachment View Attachment
*15.Descriptive Title of Applicant's Project:
The projects to be undertaken will consist of capital improvement, neighborhood revitalization and
public services programs to address the needs of low and moderate-income households and
neighborhoods
Attach supporting documents as specified in agency instructions.
Add Attachments Delete Attachments View Attachments
Application for Federal Assistance SF-424
16.Congressional Districts Of:
a.Applicant 3 *b. Program/Project 3
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment Delete Attachment View Attachment
17.Proposed Project:
a.Start Date: 03/01/2018 *b.End Date: 02/28/2019
18.Estimated Funding($):
*a.Federal 1,434,344.00
*b.Applicant
*c.State
d.Local
*e.Other
*f. Program Income 32,091.89
*g TOTAL 1,466,435.89
•19.Is Application Subject to Review By State Under Executive Order 12372 Process?
LI a.This application was made available to the State under the Executive Order 12372 Process for review on
LI b.Program is subject to E.O. 12372 but has not been selected by the State for review.
® c.Program is not covered by E.O. 12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.)
Yes ®No
If"Yes",provide explanation and attach
Add Attachment Delete Attachment View Attachment
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)
**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: Mr. *First Name: Nicholas
Middle Name. A.
*Last Name: Gradisar
Suffix:
*Title: Mayor
*Telephone Number: 719-553-2655 Fax Number:
'Email: ngradisar@pueblo.us
*Signat re of Authorized Representative: *Date Signed: prowrin
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. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763)relating to prescribed
(including funds sufficient to pay the non-Federal share standards of merit systems for programs funded
of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration(5 C.F.R. 900, Subpart F).
2. Will give the awarding agency, the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which
the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or
documents related to the assistance; and will establish rehabilitation of residence structures.
a proper accounting system in accordance with
generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non-
directives. discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race,
terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education
site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681
from the awarding agency.Will record the Federal 1683, and 1685-1686), which prohibits discrimination
awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the
in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended (29) U.S.C.
with Federal assistance funds to assure non- §794), which prohibits discrimination on the basis of
discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975, as
4. Will comply with the requirements of the assistance amended (42 U.S.C. §§6101-6107), which prohibits
awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse
approval of construction plans and specifications. Office and Treatment Act of 1972 (P.L. 92 255), as
amended relating to nondiscrimination on the basis of
5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and
engineering supervision at the construction site to Alcoholism Prevention, Treatment and Rehabilitation
ensure that the complete work conforms with the Act of 1970(P.L. 91-616), as amended, relating to
approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or
progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health
required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the
time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
7. Will establish safeguards to prohibit employees from
rental or financing of housing; (i)any other
using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s)
presents the appearance of personal or organizational under which application for Federal assistance is being
conflict of interest, or personal gain. made; and (j)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 Federal actions to State(Clean Air) implementation
requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of
Assistance and Real Property Acquisition Policies Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water
treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as
acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h)protection of
programs. These requirements apply to all interests in real endangered species under the Endangered Species
property acquired for project purposes regardless of Act of 1973, as amended (P.L. 93-205).
Federal participation in purchases.
16. Will comply with the Wild and Scenic Rivers Act of
12. Will comply with the provisions of the Hatch Act(5 U.S.C. 1968(16 U.S.C. §§1271 et seq.)related to protecting
§§1501-1508 and 7324-7328)which limit the political components or potential components of the national
activities of employees whose principal employment wild and scenic rivers system.
activities are funded in whole or in part with Federal funds.
17. Will assist the awarding agency in assuring compliance
13. Will comply, as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act Act of 1966, as amended(16 U.S.C. §470), EO 11593
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties), and
Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of
333)regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq).
construction subagreements.
18. Will cause to be performed the required financial and
14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit
Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133,
(P.L. 93-234)which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit
hazard area to participate in the program and to purchase Organizations."
flood insurance if the total cost of insurable construction
and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other
Federal laws,executive orders, regulations, and policies
15. Will comply with environmental standards which may be governing this program.
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of
Environmental Policy Act of 1969(P.L. 91- the Trafficking Victims Protection Act(TVPA)of 2000, as
190)and Executive Order(EO) 11514; (b) notification amended(22 U.S.C. 7104)which prohibits grant award
of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from(1) Engaging in severe
protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time
evaluation of flood hazards in floodplains in accordance that the award is in effect(2) Procuring a commercial
with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in
with the approved State management program effect or(3)Using forced labor in the performance of the
developed under the Coastal Zone Management Act of award or subawards under the award.
1972(16 U.S.C. §§1451 et seq.); (f)conformity of
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
Nicholas A. Gradisar, Mayor
7%ge, "61.t4,446 -1
APPLICANT ORGANIZATION DATE SUBMITTED
City of Pueblo I �--/f-244,
SF-424D(Rev.7-97)Back
OMB Number 4040-0004
Expiration Date:12/31/2019
Application for Federal Assistance SF-424
*1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s):
E Preapplication ®New
®Application ❑Continuation *Other(Specify):
Changed/Corrected Application Revision
*3.Date Received: 4.Applicant Identifier:
5a.Federal Entity Identifier 5b. Federal Award Identifier
State Use Only:
6.Date Received by State: 7.State Application Identifier:
8.APPLICANT INFORMATION:
*a.Legal Name: City of Pueblo
*b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS.
84-6000615 0106202840000
d.Address:
*Street): 1 City Hall Place
Street2:
*City: Pueblo
County/Parish:
*State: CO: Colorado
Province:
`Country: USA: UNITED STATES
*Zip/Postal Code: 81003-1427
e.Organizational Unit:
Department Name: Division Name:
Housing and Citizen Services
f.Name and contact information of person to be contacted on matters involving this application:
Prefix. Mr. *First Name: Bryan
Middle Name: Patrick
*Last Name: Gallagher
Suffix:
Title: Director
Organizational Affiliation:
*Telephone Number 719-553-2849 Fax Number:
`Email: bgailagher@pueblo.us
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:
Department of Housing and Urban Development
11.Catalog of Federal Domestic Assistance Number:
14.239
CFDA Title:
HOME Investment Partnerships Program
*12.Funding Opportunity Number:
*Title:
13.Competition Identification Number:
Title:
14.Areas Affected by Project(Cities,Counties,States,etc.):
LowMod CensusBlockGrps2ol4.pdf Add Attachment Delete Attachment View Attachment
*15.Descriptive Title of Applicant's Project:
Housing programs that provide for decent and affordable housing for very low, low and moderate,
income households
Attach supporting documents as specified in agency instructions.
Add Attachments Delete Attachments View Attachments
Application for Federal Assistance SF-424
16.Congressional Districts Of:
*a.Applicant 3 'b.Program/Project 3
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment Delete Aitachment View Attachment
17.Proposed Project:
*a.Start Date: 03/01/2018 *b.End Date: 02/28/2019
18.Estimated Funding($):
*a.Federal 749,275.00
*b.Applicant
*c.State
*d.Local 187,319.00
*e.Other 10,000.00
*f. Program Income 86,095.11
*g.TOTAL 1,032,689.11
*19.Is Application Subject to Review By State Under Executive Order 12372 Process?
E a.This application was made available to the State under the Executive Order 12372 Process for review on
b.Program is subject to E.O. 12372 but has not been selected by the State for review.
® c.Program is not covered by E.O. 12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.)
Yes ®No
If"Yes",provide explanation and attach
Add Altachment Delete Attachment View Attachment
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)
• **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: Mr. *First Name: Nicholas
Middle Name: A.
*Last Name: Gradisar
Suffix:
Title: Mayor
*Telephone Number: 719-553-2655 Fax Number:
Email:
ogradisar@pueblo.us
*Signature of Authorized Representative: a°i�' .. *Date Signed: If �s—/
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. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763)relating to prescribed
(including funds sufficient to pay the non-Federal share standards of merit systems for programs funded
of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration(5 C.F.R. 900, Subpart F).
2. Will give the awarding agency, the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which
the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or
documents related to the assistance; and will establish rehabilitation of residence structures.
a proper accounting system in accordance with
generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non-
directives. discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964(P.L. 88-352)
3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race,
terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education
site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681
from the awarding agency.Will record the Federal 1683, and 1685-1686),which prohibits discrimination
awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the
in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended(29) U.S.C.
with Federal assistance funds to assure non- §794), which prohibits discrimination on the basis of
discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975, as
4. Will comply with the requirements of the assistance amended (42 U.S.C. §§6101-6107), which prohibits
awarding agency with regard to the drafting, review and discrimination on the basis of age, (e)the Drug Abuse
approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92 255),as
amended relating to nondiscrimination on the basis of
5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and
engineering supervision at the construction site to Alcoholism Prevention, Treatment and Rehabilitation
ensure that the complete work conforms with the Act of 1970(P.L. 91-616), as amended, relating to
approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or
progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health
required by the assistance awarding agency or State. Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the
time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
7. Will establish safeguards to prohibit employees from
rental or financing of housing; (i)any other
using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s)
presents the appearance of personal or organizational under which application for Federal assistance is being
conflict of interest, or personal gain. made; and (j)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 Federal actions to State(Clean Air) implementation
requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of
Assistance and Real Property Acquisition Policies Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water
treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as
acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h)protection of
programs. These requirements apply to all interests in real endangered species under the Endangered Species
property acquired for project purposes regardless of Act of 1973,as amended(P.L. 93-205).
Federal participation in purchases.
16. Will comply with the Wild and Scenic Rivers Act of
12. Will comply with the provisions of the Hatch Act(5 U.S.C. 1968(16 U.S.C. §§1271 et seq.)related to protecting
§§1501-1508 and 7324-7328)which limit the political components or potential components of the national
activities of employees whose principal employment wild and scenic rivers system.
activities are funded in whole or in part with Federal funds.
17. Will assist the awarding agency in assuring compliance
13. Will comply, as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act Act of 1966, as amended (16 U.S.C. §470), EO 11593
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties), and
Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of
333)regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq).
construction subagreements.
18. Will cause to be performed the required financial and
14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit
Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133,
(P.L. 93-234)which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit
hazard area to participate in the program and to purchase Organizations."
flood insurance if the total cost of insurable construction
and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
15. Will comply with environmental standards which may be governing this program.
prescribed pursuant to the following: (a)institution of
environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of
Environmental Policy Act of 1969(P.L. 91- the Trafficking Victims Protection Act(TVPA)of 2000, as
190)and Executive Order(EO) 11514; (b)notification amended(22 U.S.C. 7104)which prohibits grant award
of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from (1) Engaging in severe
protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time
evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial
with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in
with the approved State management program effect or(3) Using forced labor in the performance of the
developed under the Coastal Zone Management Act of award or subawards under the award.
1972(16 U.S.C. §§1451 et seq.); (f)conformity of
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
Nicholas A. Gradisar, Mayor
APPLICANT ORGANIZATION DATE SUBMITTED
City of Pueblo (� •--/7-17
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, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
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,
and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti-
displacement and relocation assistance plan required under section 104(d)of the Housing and Community
Development Act of 1974, as amended, in connection with any activity assisted with funding under the
CDBG 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 CDBG,HOME,ESG,and HOPWA
funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
2K____40ce44.4(61204;3
Signature/Authorized Official Date
Specific CDBG 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 housing and community development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing,expand economic opportunities primarily for persons
of low and moderate income. (See CFR 24 Part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy)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 certifies that it has developed its Action Plan so as to give maximum feasible priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums
or blight. The Action Plan may also include activities which the grantee certifies are designed to
meet other community development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community, and
other financial resources are not available;
2. Overall Benefit.The aggregate use of CDBG funds including section 108 guaranteed loans during
program year(s) 2019 (a period specified by the grantee consisting 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.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds. Also, 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 USC 2000d), the Fair Housing Act (42 USC
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.
' p
� [ �.,.4.140:1
r — if—?o)
Signature/Authorized Official Date
Title: Nicholas A. Gradisar,Mayor
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance-- If the participating jurisdiction intends to provide tenant-based rental
assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and
availability of decent, safe, sanitary, and affordable housing.
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.
Appropriate Financial Assistance--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;
.Ate,
Signature/Authorized Official Date
Title: Nicholas A. Gradisar, Mayor
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING:
A. 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 510,000
and not more than $100,000 for each such failure.
CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
(1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of an 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,the undersigned shall complete and submit Standard
Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.
(3)The undersigned shall require that the language of this 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.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.
Statement for Loan Guarantees and Loan Insurance
The undersigned states,to the best of his or her knowledge and belief,that:
If any 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 commitment providing for the United States to insure or
guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying
Activities,"in accordance with its instructions.Submission of this statement 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 statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000
for each such failure.
*APPLICANT'S ORGANIZATION
City of Pueblo
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix: m,. *First Name: N.n'!.:3 Middle Name:
Last Name: 3 C_oo r Suffix:
*Title:*
SIGNATURE: *DATE: lirligNA,.