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HomeMy WebLinkAbout09975 ORDINANCE NO. 9975 AN ORDINANCE APPROVING AND ADOPTING THE CITY OF PUEBLO'S 2021-2022 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 2021; and WHEREAS, the City of Pueblo conducted a citizen participation process that included two public hearings within the City of Pueblo in addition to a third 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 2021-2022 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 applications (SF-424/SF-424D) and the 2021-2022 Action Plan, together with all required and necessary certifications, assurances, and documentation to the U.S. Department of Housing and Urban Development for $1,504,131.00 in 2021 CDBG funds and $852,826.00 in 2021 HOME funds, along with $438,476.42 in HOME program income from prior years. SECTION 3. CDBG funds in the amount of $1,504,131.00 and HOME funds in the amount of $852,826.00, the 2021 allocation, are hereby budgeted and appropriated for the projects and in the amounts set forth in the 2021-2022 Action Plan. A list of the recommended projects is herein included as Attachment A. SECTION 4. Funds in the amount of $135,602.58, required in City matching funds, are hereby budgeted and appropriated from the General Fund to the projects and in the amounts set forth in the 2021-2022 Action Plan. SECTION 5. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 6. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 7. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on July 12, 2021 . Final adoption of Ordinance by City Council on July 26, 2021 . President of City Council Action by the Mayor: ☒ Approved on July 29, 2021 . □ 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 City Clerk City Clerk’s Office Item # S-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 12, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marissa Stoller, City Clerk FROM: Bryan Gallaher, Director, Housing and Citizen Services SUBJECT: AN ORDINANCE APPROVING AND ADOPTING THE CITY OF PUEBLO'S 2021- 2022 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 2021-2021 Action Plan as presented. The Action Plan contains the funding recommendations made by the Citizens’ Advisory Committee (CAC) and Staff. PREVIOUS COUNCIL ACTION: The 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 2021-2021 Community Development Block Grant (CDBG) and HOME Investment Partnership Act Grant (HOME). This is the second Action Plan under the 2020-2024 Five-Year Consolidated Plan. A public meeting was held to receive citizen input and to hear applicant presentations on October 8, 2020. Notice of the availability of the Annual Action Plan was published on June 8, 2021 and made available to the public for review on June 9, 2021, formerly opening the public comment period for thirty-days. Public meetings were held on June 7, 2021 and June 24, 2021. Copies were available at the City Clerk’s Office, the Rawlings Library, the Department of Housing and Citizen Services (Department), and the City’s website. FINANCIAL IMPLICATIONS: The City anticipates receiving $1,504,131.00 in CDBG funding and $852,826 in HOME Consortium grant funding with an additional $438,476.42 in program income for housing and community development projects in 2021. The HOME Consortium grant is shared with Pueblo County on an 87%/13% City/County basis. The HOME grant requires a 25% match. The City’s portion is $270,602.58. The City received more program income and HOME formula grant funding than anticipated, and as such, the appropriated $135,000 within the City’s 2021 budget is an insufficient match. Additional funds of $135,602.58 are requested from the General Fund Balance to be applied to the match deficit. BOARD/COMMISSION RECOMMENDATION: The CAC has recommended that the City Council approve the activities outlined in the 2021-2022 Action Plan. STAKEHOLDER PROCESS: The following stakeholder processes were undertaken by the Department. On May 1, 2020, applications for grant funding were made available to the community. Public hearings were held before the CAC on July 22, 2020 and October 8, 2020. The public hearings were open for public comments, and for funding applicants to present their requests to the CAC. The CAC deliberations were held on October 8, 2020. This was an open-meeting and public comments were given. The 30-day comment period was initiated on June 9, 2021, 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, in which case a number of community services will not be provided. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 2021 Annual Action Plan 2021 CDBG and HOME Funding Recommendations Certificate of Correctness Certifications Application for Federal Assistance SF-424/SF-424D: HOME Application for Federal Assistance SF-424/SF-424D: CDBG I city of Fri PUEBLO colorado 2021 Annual Action Plan Attachment A Community Development Block Grant Program Funds Project No. Description of Project Applicant Funding Amount Public Services CD2102 Homeless Shelter Pueblo Rescue Mission $40,000 CD2103 Homeless Supportive Services Program Posada, Inc. $50,000 CD2104 Homeless Youth Outreach Project Posada, Inc. $20,000 CD2105 Home Stability Program Catholic Charities $25,000 CD2106 Meal Program Pueblo Rescue Mission $20,000 CD2107 SRDA Transportation SRDA $13,774 CD2108 Muni Court Boot Camp Pueblo Municipal Court $8,500 CD2109 Eastside Club House Pueblo County Boys& Girls Club $22,726 CD2110 Food Sack Program Pueblo Cooperative Care $25,000 Public Facilities/Neighborhood Improvements CD211 l Demolition Program Department of Public Works $150,000 CD2112 Sunny Side Neighborhood Larry Fancher $100,000 ADA Improvements CD2l l3 Grove Neighborhood Paul Renfree $180,830 Infrastructure Improvements Housing Activities CD2114 Emergency Housing Rehabilitation Pueblo County Housing and $45,000 for Seniors Human Services CD2115 Minor Repairs Program Housing and Citizens Services $102,475 CD2116 ADA Ramps-Citywide City of Pueblo $400,000 Program Administration CD2101 Program Administration Housing and Citizen Services $300,826 Total $1,504,131 HOME Partnership Investment Act Program Funds Project No. Description of Project Organization Funding Amount H02110 City Administration City of Pueblo $74,196 H021 PA City Administration City of Pueblo $40,459 from Program Income H02120 Pueblo County Administration $11,086 H02130 Consortium Share Housing Programs $83,150 H02140 CHDO Set A Side Community Housing $127,924 Development Organization H02150 Housing Programs City of Pueblo $556,470 H02160 City of Pueblo City Match Requirement $270,602.58 HO21PI HOME Program Income City of Pueblo $364,133.25 H021HP HOME Homebuyer Recaptured Funds City of Pueblo $33,884.17- Total $ 1,561,905 121 EQUAL HOUSING OPPORTUNITY OMB Number 4040-0004 Expiration Date 12/31/2022 Application for Federal Assistance SF-424 *1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s). Preapplication ®New L_ ®Application Continuation *Other(Specify): J Changed/Corrected Application ❑Revision *3.Date Received 4.Applicant Identifier. 2021 CDBG Program 5a.Federal Entity Identifier 5b Federal Award Identifier 19.218 B-21-MC-08-0007 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.UEI. 84-6000615 010620289000 d.Address: `Streetl 1 City Hall Place Street2: *City: Pueblo County/Parish: `State CO: Colorado Province `Country. USA: UNITED STATES *Zip/Postal Code: 81003-1422 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: 719-553-2899 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 - Entitlement *12.Funding Opportunity Number: B-21-MC-08-0007 Title. Community Development Block Grant 13.Competition Identification Number: Title: 14.Areas Affected by Project(Cities,Counties,States,etc.): Add Attachment Delete.1ttachr?iesrt view At+achrnant *15.Descriptive Title of Applicant's Project: Community Development Block Grant (CDBG) funds to assist the City of Pueblo with housing and community development activities. Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments View.Attachments 1 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 De:0e 17.Proposed Project: *a.Start Date: 03/01/2021 *b.End Date 02/28/2022 18.Estimated Funding($): *a.Federal 1,504,131.00 *b Applicant *c.State ( I *d.Local I I 'e.Other ( I *f. Program Income I 'g.TOTAL 1,504,131.00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? 11 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. Z c.Program is not covered by E.O. 12372. *20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.) C Yes No If"Yes",provide explanation and attach Ada Nitta !en' Delete .tiacerrent y:ie. .;.c.r.mefl; 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 *Last Name. Gradisar Suffix: *Title: Mayor *Telephone Number 719_553_7655 Fax Number. *Email. ngradisar@pueblo.us *Signature of Authorized Representative �, r *Date Signed: * � 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, 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.0 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), E0 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(E0) 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 r 'f Mayor APPLICANT ORGANIZATION DATE SUBMITTED �s City of Pueblo I ...r*Jl SF-424D(Rev.7-97)Back OMB Number.4040-0004 Expiration Date 12/31/2022 Application for Federal Assistance SF-424 1.Type of Submission: *2.Type of Application *If Revision,select appropriate letter(s). —1 Preapplication ®New ®Application Continuation *Other(Specify). Changed/Corrected Application 11 Revision 3.Date Received: 4.Applicant Identifier 2021 HOME Program 5a Federal Entity Identifier 5b.Federal Award Identifier. M-21-DC-08-0205 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.UEI. 84-6000815 010620284000 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: 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: 14.239 CFDA Title HOME Investment Partnership Program *12.Funding Opportunity Number: M-21-DC-08-0205 'Title: HOME Investment Partnership Program 13.Competition Identification Number: Title: 14.Areas Affected by Project(Cities,Counties,States,etc.): Add Attachment i2ielete r t caner:; View At(achmeot *15.Descriptive Title of Applicant's Project: HOME Investment Partnership Program (HOME) funds assist the City of Pueblo in developing and maintaining affordable housing. Attach supporting documents as specified in agency instructions. Add Attachments Deieie:isAttacnments view Attachn'E,,ts 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 17.Proposed Project: *a.Start Date 03/01/2021 'b.End Date 02/28/2022 18.Estimated Funding($): 'a.Federal 852,826.00 b Applicant *c.State I 'd Local *e Other I 'f Program Income 438,476.42 *g TOTAL 1.,291,302.42 *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. • 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 '�dra At-..;hr-lent Delete Atta ntner0 'Pew A0 cr,aleft 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 *Last Name. Grath sar Suffix. 'Title: Mayor *Telephone Number 719-553-2655 Fax Number. 'Email: ngradisar@pueblo.us *Signature of Authorized Representative: . 4 . 'Date Signed p 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, 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- discrimination. These include but are not limited to: (a) directives. 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 '-- '2/� '.'F Mayor •,A 1, APPLICANT ORGANIZATION DATE SUBMITTED e City of Pueblo I A , "' 1 SF-424D(Rev.7-97)Back CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants,and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law(as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3-- It will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u)and implementing regulations at 24 CFR Part 135. Signature of Authorized Official ate Mayor 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) 2020 [a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds,by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements(assisted in part with CDBG funds)financed from other revenue sources,an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, in the case of properties owned and occupied by moderate-income(not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force-- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Compliance with Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)and the Fair Housing Act(42 U.S.C. 3601-3619)and implementing regulations. Lead-Based Paint-- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R. Compliance with Laws-- It will comply with applicable laws. #7iA4e4°' ���.e.04,11 `9109..A"/Signature of Authori d Official Date Mayor 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. • YtliaidegAte •1016)17 Signature of Authori Official Date Mayor 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 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; .2( • ':46, Signature of Auth ed Official Date Mayor 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.