HomeMy WebLinkAbout07695ORDINANCE NO. 7695
AN ORDINANCE APPROVING AND ADOPTING THE CITY OF PUEBLO'S ANNUAL ACTION
PLAN FOR THE YEAR 2008 LISTING PROJECTS AND FUNDING FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), HOME FUNDS AND REPROGRAMMING PRIOR
YEAR FUNDS, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO SUBMIT THE
APPLICATION TOGETHER WITH ALL REQUIRED AND NECESSARY CERTIFICATIONS,
ASSURANCES AND DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR CDBG AND HOME FUNDS, 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 and
HOME federal funds for fiscal year 2008; and
WHEREAS, the City of Pueblo conducted a citizen participation process that included
holding two public meetings within the City of Pueblo in addition to a 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 Annual Action
Plan FY 2008 listing projects and programs for funding from CDBG and HOME federal funds,
copies of which have been previously distributed to the members of the City Council and the
original having been on file in the City Clerk's Office for public inspection, has been developed
so as to give maximum feasible priority to activities which will benefit low- to moderate - income
families and /or aid in the prevention or elimination of slums and blight, and is hereby approved,
adopted and incorporated herein.
SECTION 2_
The President of the City Council is hereby authorized to submit in the name of the City
of Pueblo the Application (SF -424) and the Annual Action Plan FY 2008, together with all
required and necessary certifications, assurances and documentation to the U.S. Department
of Housing and Urban Development for $1,600,000 in new Community Development Block
Grant funds and $872,000 in new HOME funds.
SECTION 3.
Community Development Block Grant funds in the amount of $1,731,500.29, $131,500.29,
of which are the result of the closing out of completed prior year projects and HOME funds in the
amount of $872,000 are hereby budgeted and appropriated for the projects and in the amounts set
forth in the annual Action Plan FY 2008, a copy of the recommended projects is herein included as
Attachments 1,1a and 2. The City Manager is authorized to transfer from the CDBG Contingency
Fund authorized under Ordinance 7168, funds required to complete an approved project.
INTRODUCED November 26. 2007
BY Randy Thurston
Councilperson
APPROVED: a
#?ESIDEINTof City Council
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: December 10. 2007
Ord. - 7co4S
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 1 ';
DATE: November 26, 2007
DEPARTMENT: HOUSING AND CITIZEN SERVICES / ADA RIVERA CLARK
TITLE
AN ORDINANCE APPROVING AND ADOPTING THE CITY OF PUEBLO'S
ANNUAL ACTION PLAN FOR THE YEAR 2008 LISTING PROJECTS AND
FUNDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME FUNDS AND REPROGRAMMING PRIOR YEAR FUNDS,
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO SUBMIT THE
APPLICATION TOGETHER WITH ALL REQUIRED AND NECESSARY
CERTIFICATIONS, ASSURANCES AND DOCUMENTATION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CDBG AND
HOME FUNDS, AND APPROPRIATING AND BUDGETING CDBG AND HOME
FUNDS THEREFORE
ISSUE
Shall City Council approve and adopt the 2008 -2009 Annual Action Plan as
presented, and appropriate and budget CDBG and HOME funds for the
projects /activities outlined. The Plan contains the funding recommendations
made by the Citizen's Advisory Committee. Each recommended project to be
funded with the 2008 -2009 grant is an eligible project and has been through the
application and public hearing process as required, as well as meeting an
established priority of the 2005 -2009 Consolidated Plan.
Approve.
BACKGROUND
As an entitlement city, the City of Pueblo is required by HUD to complete an
annual action plan for each of the years of the Consolidated Plan. The Plan and
the accompanying documentation serves as the City's application to HUD for the
CDBG and HOME federal grants. This Plan is the fourth plan under the 2005-
2009 Five -Year Consolidated Plan.
Two public meetings were held to receive citizen input and to interview
applicants. The recommendations of the Citizen's Advisory Committee were
presented to the City Council at the September 24th, Work Session. The
recommendations were also published in The Pueblo Chieftain on November 12,
2007. The Plan was distributed to Council under separate cover and an original
copy was on file at the City Clerk's Office for public inspection.
FINANCIAL IMPACT
The estimated funding that is being budgeted is as follows:
1- 2008 -2009 Community Development Block Grant (CDBG) $1,600,000.
2- 2008 -2009 HOME Investment Partnership Act Grant (HOME) $872,000.
3- Prior Years Reprogrammed Funds - $131,500.29
OMB Number: 4040 -0004
Expiration Date. 01/31/2009
Application for Federal Assistance SF -424
Version 02
' 1. Type of Submission:
[] Preapplicabon
j jXApplication
[;I Changed /Corrected Application
' 2. Type of Application: ' If Revision, select appropriate leber(s):
FX New
] Continuation " Other(Specity)
0 Revision
' 3. Date Received 4. Applicant Identifier.
Completed by Grants gay upon submission.
L-
5a. Federal Entity Identifier:
' 5b. Federal Award Identifier:
State Use Only:
6. Date Received by State: I
7. Slate Application Identifier: ..
8. APPLICANT INFORMATION:
•a. Legal Name: Clt of P ueblo, A
Y
Muni Corporation
P._._ P
• b. Employer/Taxpayer Identification Number (EIN/TIN):
' c. Organizational DUNS:
0 10620284
98-03
d. Address:
•Streetl One City H all Place _ 1
•City: Pue7
County:
State: Colorado
Province.
I
' Country. j
USA: UNITED STATES
' Zip / Postal Code r 810 0 3
e. Organizational Unit:
Department Name:
Division Name:
'Den of Housing * Ci
Servi
(_
I. Name and contact information of person to be contacted on matters involving this application:
Prefix: I Mr . �
Middle Name: MHYld
•First Name
'Last Name: Clark
Suffix:
Title Directo
Organizational Affiliation:
` Telephone Number: 9- �Z$ 45
j Fax Number: t 7
•Email: I adaclark@ ueblo.us
OMB Number: 4040 -0004
Expiration Date: 01131/2009
Application for Federal Assistance SF -424
Version 02
9. Type of Applicant 1: Select Applicant Type:
Type of Applicant 2. Select Applicant Type:
Type of Applicant 3: Select Applicant Type
' Other (specify):
' 10. Name of Federal Agency:
NGMS Agency Dep o f Housing an Urbon D evelopm ent
�— _
11. Catalog of Federal Domestic Assistance Number:
CFDA Title:
HOME Investment Partnership Act, Title II
` 12. Funding Opportunity Number:
MS L -S F424FAMILV- ALLFORMS
Title:
MBL.SF424 Family- AIIForms
13. Competition Identification Number:
i
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
j City of Pueblo and Pueblo County
I
L
' 15. Descriptive Title of Applicant's Project:
Housing rehabilitation, homebuyer assistance, owner- occupied
rehabilitation and multi - family housing programs. Consortium
of th Ci ty and Coun ty_of_ Pue blo
Attach supporting documents as specified in agency instructions.
"'Add Atta � Delele Attachments tVlew Ati rhrne''nts,
OMB Number: 4040 -0004
Expiration Date: 01/3172009
Application for Federal Assistance SF-424 Version 02
16. Congressional Districts Of:
• a. Applicant 3rd ' b. Program/Project 3d
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
' a. Start Date: 3 / 01 � C ' b. End Date: 2 2 8 0
18. Estimated Funding ($):
•a.Federal 872,0
• b. Applicant
• a State l
• d. Local _ J
' e. Other r
• f. Program Income
'g.TOTAL 872, 0
` 19. Is Application Subject to Review By State Under Executive Order 12372 Process?
[7 a. This application was made available to the State under the Executive Order 12372 Process for review on
b. Program is subject to E.O. 12372 but has not been selected by the State for review.
�X c. Program is not covered by E.O. 12372.
' 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes ", provide explanation.)
1 Yes i J JY No L
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: L MS 'First Name Jllc
� _
Middle Name r
' Last Name: Weaver
Suffix: - - - -�- -
'Title [Pre of th e Cit Co
• Telephone Number: 719- 553 Fax Number: F
'Email: I jwe aver@pueb1 I s
• Signature of Authorized Representative: - e avc %u s� Si n d:
Authorized for Local Reproduction a r /2 /u- -07 Standard Form 424 (Revised 10/2005)
Prescribed by OMB Circular A -102
OMB Number: 4040 -0004
Expiration Date: 01131!2009
Application for Federal Assistance SF -424 Version 02
• Applicant Federal Debt Delinquency Explanation
The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of
characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space.
i
i
i
i
I li
I
i
I
I
i
I
OMB Number: 4040 -0004
Expiration Date: 01!3112009
Application for Federal Assistance SF-424
Version 02
' 1. Type of Submission:
_I Preapplication
i},Application
'_j Changed /Corrected Application
' 2. Type of Application: ' If Revision, select appropriate letter(s):
fX New —
Continuation ' Other (Specify)
Revision F— -
' 3. Date Received: 4. Applicant Identifier:
Compleleb by Grants.pov upon submission.
5a. Federal Entity Identifier:
' 5b. Federal Award Identifier:
State Use Only:
6. Date Received by State: i
7. State Application Identifier: Ir
J
B. APPLICANT INFORMATION:
'a. Legal Name: 'I Cit of Pu eblo, A Mun Co
' b. Employer /Taxpayer Identification Number (EINMN):
"c. Organizational DUNS:
f 0106
98 -03305
d. Address:
•Street1: One City H all Place
Street2:
•Cit
County
• State: Co
- - - - -- - -- - - - - - - -
--
– - - —
Province: I
• Country: j USA: UNITED STATES
• Zip !Postal Code 810 0 3
e. Organizational Unit:
Department Name:
Division Name:
Dep o H Citizen S ervi
f. Name and contact information of person to be contacted on matters involving this application:
Prefix'. MrEi . *First Name:
Middle Name. LM3Yid '
— —,•
—__
'Last Name: i Cl
Suffix:
. —_ - -
Title. Di -
Organizational Affiliation.
p Fax Number
*Telephone 719 - 553 - 2845 - , J 719 - 553
-2855 i,
Email: I dacla @p
OMB Number: 4040 -0004
Expiration Date: 01131/2009
Application for Federal Assistance SF-424
Version 02
9. Type of Applicant 1: Select Applicant Type:
C
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3. Select Applicant Type:
` Other (specify):
' 10. Name of Federal Agency:
N GMSAgency De pt. of Housing a nd Urban D evelopm ent
11. Catalog of Federal Domestic Assistance Number:
14 218
CFDA Title:
[ Community Development Block Grant
' 12. Funding Opportunity Number:
I MB L -S F424FAM ILY- ALLFORMS
Title:
jMBL SF424Family- AIIForms
I
I
13. Competition Identification Number:
Title:
I I
i
14. Areas Affected by Project (Cities, Counties, States, etc.):
City of Pueblo and Pueblo County
I
`1S. Descriptive Title of Applicant's Project:
CDBG entitlement for 2007 is designed as a capital improvement &
neighborhood revitalization program to address the needs of low
and mod income perso t create a viable urban communi
Attach supporting documents as specified in agency instrucfions.
Add A1�taciiments ;t ;De�Altach em nts, Mew Afiaehmenfs
OMB Number: 4040-0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
16. Congressional Districts Of:
L. Program/Project
a. Applicant 3rd I E_3 rd:
Attach an additional list of Program/Project Congressional Districts if needed
E
17. Proposed Project:
a. Start Date: b. End Date: L 2 L 2 - 8 / Ao
18. Estimated Funding
• a. Federal E
00,
• b. Applicant
• c. Stale
• d, Local
• e. Other
• f. Program Income
• g. TOTAL $1,600,000
• 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 an
b. Program is subject to E.O. 12372 but has not been selected by the State for review.
:X c. Program is not covered by E,O 12372
20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes", provide explanation.)
LJ Yes LX No
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 assurancil• 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)
FX - 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. F *FirstName:
ME: y
Middle Name
'Last Name 147eZverSuffix
• Title: lPresident of the City y - Council
— 7 - 1 Fax Number: er.
• Telephone Number: 9-553 N th
• Email: jweaver@pueblo
• Signature of Authorized Representative: 1, ov ynon m n to Si d.
Authorized for Local Reproduction Standard Form 424 (Revised 10/2005)
Prescribed by OMB Circular A-102
OMS Number: 4040 -0004
Expiration Date: 01/3112009
Application for Federal Assistance SF-424 Version 02
Applicant Federal Debt Delinquency Explanation
The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of
characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space.
HOME CONSORTIUM CERTIFICATIONS 2007 (§ 91.425)
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 anfrdisplacement
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.
Drug Free Workplace -- It will or will continue to provide a drug -free workplace by
Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug -free awareness program to inform employees about-
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug -free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given
a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position title,
to every grant officer or other designee on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected grant;
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6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended;
or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
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 Consortium — 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.
The HOME participating consortium certifies that:
Tenant Based Rental Assistance — If the participating consortium intends to provide tenant -based rental
assistance:
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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 Costs — before committing any 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.
l/ -Dec
Sign re /Auth rized Official Date
Prp.c;ide- of tWe
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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 24 570.2 and 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
Maximum Fparihle 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) e0ns -2009 (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 sessments 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:
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
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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 part 35,
subparts A. B, J. K and R, of title 24;
Compliance with Laws — It will comply with applicable laws.
✓r- �rl�r�C.� Decemher10.2007
SigiAture/AutAonzed Official Date
.-na MOMAMINTFUNA11
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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;
al 10 0�
Sign urelAut orized Official Date
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APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS:
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.
1. By signing and/or submitting this application or grant agreement, the
grantee is providing the certification.
2. The certification is a material representation of fact upon which reliance is placed
when the agency awards the grant. If it is later determined that the grantee
knowingly rendered a false certification, or otherwise violates the requirements of
the Drug -Free Workplace Act, HUD, in addition to any other remedies available to
the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
3. For grantees other than individuals, Alternate I applies. (This is the
information to which jurisdictions certify).
4. For grantees who are individuals, Alternate II applies. (Not applicable
jurisdictions.)
5. Workplaces under grants, for grantees other than individuals, need not
be identified on the certification. If known, they may be identified in the
grant application. If the grantee does not identify the workplaces at the
time of application, or upon award, if there is no application, the grantee
must keep the identity of the workplace(s) on file in its office and make
the information available for Federal inspection. Failure to identify all
known workplaces constitutes a violation of the grantee's drug -free
workplace requirements.
6. Workplace identifications must include the actual address of buildings (or
parts of buildings) or other sites where work under the grant takes place.
Categorical descriptions may be used (e.g.. all vehicles of a mass transit
authority or State highway department while in operation. State
employees in each local unemployment office, performers in concert halls
or radio stations).
If the workplace identified to the agency changes during the performance
of the grant, the grantee shall inform the agency of the change(s), if it
previously identified the workplaces in question (see paragraph five).
8. The grantee may insert in the space provided below the site(s) for the performance of
work done in connection with the specific grant:
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Place of Performance (Fill in)
2631 E. 4 Street
Pueblo
Pueblo
Colorado
81001
Check X if there are workplaces on file that are not identified here; The certification with
regard to the drug -free workplace required by 24 CFR part 24, subpart F.
Definitions of terms in the Nonprocurement Suspension and Debarment
common rule and Drug -Free Workplace common rule apply to this
certification. Grantees' attention is called, in particular, to the following
definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C.812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of guilt (including a plea of nolo contendere)
or imposition of sentence, or both, by any judicial body charged with the
responsibility to determine violations of the Federal or State criminal drug
statutes;
"Criminal drug statute" means a Federal or non - Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession of
any controlled substance;
"Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All "direct charge"
employees; (ii) all "indirect charge" employees unless their impact or
involvement is insignificant to the performance of the grant; and (iii)
temporary personnel and consultants who are directly engaged in the
performance of work under the grant and who are on the grantee's
payroll. This definition does not include workers not on the payroll of the
grantee (e.g., volunteers, even if used to meet a matching requirement;
consultants or independent contractors not on the grantee's payroll; or
employees of subrecipients o subcontractors in covered workplaces).
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