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HomeMy WebLinkAbout08134ORDINANCE NO. 8134 AN ORDINANCE APPROVING AND ADOPTING THE CITY OF PUEBLO'S ANNUAL ACTION PLAN FOR THE YEAR 2010 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 2010; 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 2010 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 2010, together with all required and necessary certifications, assurances and documentation to the U.S. Department of Housing and Urban Development for $1,635,000 in new Community Development Block Grant funds and $925,858 in new HOME funds. SECTION 3. Community Development Block Grant funds in the amount of $1,735,000, of which $50,000 results from a cancelled prior year project, and $50,000 in estimated program income, and HOME funds in the amount of $975,858, which includes an additional $50,000 in estimated program income are hereby budgeted and appropriated for the projects and in the amounts set forth in the Annual Action Plan FY 2010, a copy of the recommended projects is herein included as Attachment 1. CDBG and HOME funding received in excess of the estimated grant amounts will be budgeted to CD1013- Minor Repairs Program for CDBG and HO1006- Rehab /Infill /New Construction for HOME. The City Manager is authorized to transfer from the CDBG Contingency Fund authorized under Ordinance 7168, funds required to complete an approved project. INTRODUCED: December 28, 2009 BY: Michael Occhiato COUNCILPER APPROVED: ,w"" o Lo PRESIDENT OF CITY COUNCIL ATTESTED BY: C CLERK PASSED AND APPROVED: January 11, 2010 Attachment 1 Funding Recommendations COMMUNITY DEVELOPMENT BLOCK GRANTS CDBG Application Descri tion of Project Applicant Recommendation 4 Graffiti Removal /Community Service City of Pueblo, Municipal Court $7,000 Program 29 Homeless Services to Individuals and Posada, Inc. $42,500 Families Housing & Budget Counseling / 1 Mortgage Default / Homeless Prevention Catholic Charities $21,250 Services 16 Transportation Services for Seniors Senior Resource Development Agency $26,613 12 Youth Recreation/ Eastside Center at goys &Girls Club $22,637 Risley Middle School 7 Emergency Housing Rehab for Seniors Pueblo County, Housing & Human Services $50,000 9 Community Dining Room and Warming Salvation Army $200,000 Shelter 24 ADA Ramps Corner of Abriendo & Anne Henriksen $84,494 Broadway ADA Ramps, Curbs & Gutter & 19 Sidewalks East Neighborhood Association $271,313 Lower Eastside 27 Sidewalks and Curb Ramps Bessemer Association for Neighborhood $189,193 Various Sites in Bessemer Development, Neighborhood Revitalization Infill Housing Program (reprogrammed City of Pueblo $30,000 funds from CD0711- Eastwood Height Park Swings Neighborhood Revitalization Demolition Program (reprogrammed City of Pueblo $20,000 funds from CD0711- Eastwood Height Park Swings Rehabilitation /Minor Repairs Program (from program income if any- no City of Pueblo $40,000 administrative funds ADA Accessibility Installation of Curbramps City of Pueblo $400,000 Low -Mod Areas Dept. of Housing & Citizen Services Admin Program Compliance & Delivery City of Pueblo $330,000 HOME Investment Partnership Act Grant Departmental Admin Costs -HOME Share City of Pueblo $79,068.64 HOME Down Payment Assistance City of Pueblo $95,000 Program Required Set -aside for CDHO Community Housing Development Org. $138,879 Housing Production - Non - Profit Rehab /Infill /New Construction City of Pueblo $524,031 Pueblo County Consortium Pueblo County $157,396 Projects and Admin in the Count or Cit 04, 8I34 Background Paper for Proposed ORDINANCE AGENDA ITEM # 9",—q DATE: December 28, 2009 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 2010 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT 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 AND APPROPRIATING AND BUDGETING CDBG AND HOME FUNDS THEREFORE ISSUE Shall City Council approve and adopt the 2010 -2011 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 2010 -2011 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 2010 -2014 Consolidated Plan. RECOMMENDATION Approval of the Ordinance BACKGROUND As an entitlement community, the City of Pueblo is required by HUD to complete an annual action plan for each of the years of the Consolidated Plan. The Action Plan and the accompanying documentation serves as the City's application to HUD for the 2010 CDBG and HOME federal grants. This Action Plan is the first plan under the 2010 -2014 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 December 14 Work Session. The recommendations were also published in The Pueblo Chieftain on December 12, 2009. 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. If CDBG funding is received in excess of the estimated amount the funds will be allocated to CD1013 a minor repairs program for owner - occupants. Excess funding received under the HOME grant will be allocated to HO1006- Rehab /Infill /New Construction. FINANCIAL IMPACT The estimated funding that is being budgeted is as follows: 1- 2010 -2011 Community Development Block Grant (CDBG) $1,635,000. 2- 2010 -2011 HOME Investment Partnership Act Grant (HOME) $975,858. This amount includes the anticipated grant of $925,858 and an estimate of $50,000 in program income. 3- Prior Years Reprogrammed CDBG Funds - $50,000. CD0711 — Eastwood Heights Park Swings. OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 version 02 `t. Type of Submission: "2. Type of Application • If Revision, select appropriate letter(s) ❑ 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: 8. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name: City of Pueblo, A Municipal Corporation 'b. Employertraxpayer Identification Number (EIN/TIN): 'c. Organizational DUNS: 84- 8000815 010820284 d. Address: *Street 1: One City Hall Place Street 2: *City: Pueblo County: Pueblo 'Stale: Colorado Province: 'Country: USA 'Zip / Postal Code 81003 s. Organizational Unit: Department Name: Division Name: Department of Housing and Citizen Services f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mrs. 'First Name: Ada Middle Name: Maria *Last Name: Clark Suffix: Title: Director Organizational Affiliation: 'Telephone Number: 719- 553 -2845 Fax Number: 719 - 553 -2855 `Email: adaclark@pueblo.us OMB Number: 4040.0004 Expiration Dale: 01131/2009 Application for Federal Assistance SF-424 Version 02 •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.): City of Pueblo `15. Descriptive Title of Applicant's Project: CDBG Entitlement for 2010 is designed as a capital improvement, neighborhood revilalizaition and a public services program to address the needs of low and moderate income persons to create a viable urban community and eliminate slum and blight conditions. VM" IVlanaer. 4&4u-mJ64 Expiration Date: 01/312009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: 3rd *b. Program /Project: 3rd 17. Proposed Project: *a. Start Date: 03/01/2010 *b. End Date: 02/28/2011 18. Estimated Funding ($): *a. Federal 1,685,000 *b. Applicant *c. State *d. Local *e. Other *f. Program Income 50,000 *g. TOTAL 1,735,000 *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 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. 0. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes ", provide explanation.) ❑ Yes ® 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 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: *First Name: Middle Name: `Last Name: Suffix: *Title: President of the City Council *Telephone Number: 719 - 553 -2655 Fax Number: 719 - 553 -2698 * Email: *Signature of Authorized Representative: `Date Signed: j , ./ 0 Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A -102 OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF424 Version 02 'Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ❑ 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, A Municipal Corporation *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 84- 6000615 010620284 d. Address: *Street 1: One City Hall Place Street 2: *City: Pueblo County: Pueblo *State: Colorado Province: *Country: USA *Zip / Postal Code 81003 e. Organizational Unit: Department Name: Division Name: T- Department of Housing and Citizen Services f. Name and contact Information of person to be contacted on matters involving this application: Prefix: Mrs. *First Name: Ada Middle Name: Maria *Last Name: Clark Suffix: Title: Director Organizational Affiliation: *Telephone Number: 719- 553 -2845 Fax Number: 719 - 553 -2855 *Email: adaclark @pueblo.us OMB Number: 4040 -0004 Expiration Date: 01 /31/2009 Application for Federal Assistance SF -424 Version 02 '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 -238 CFDA Title: HOME Investment Partnership Act, Title II •12 Funding Opportunity Number: "Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Pueblo '15. Descriptive Title of Applicant's Project: Housing programs that provide for decent and affordable housing in the community for low to moderate - income households. OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: `a. Applicant: 3rd 'b. Program /Project: 3rd 17. Proposed Project: `a. Start Date: 03101/2010 `b. End Date: 02/28/2011 18. Estimated Funding ($): 'a. Federal 925,858 'b. Applicant 'c. State `d. Local 'e. Other 'f. Program Income 50,000 •g. TOTAL 9 75,858 '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.) ❑ Yes ® 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 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) ® **1 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: 'First Name: Middle Name: *Last Name: Suffix: 'Title: President of the City Council 'Telephone Number: 719 - 553 -2655 Fax Number: 719- 553 -2698 Email: 'Signature of Authorized Representative: 1 J , *Date Signed: Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A -102 OMB Number: 4040 -0004 Expiration Date: 01/312009 Application for Federal Assistance SF-424 Version 02 'Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. 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 antidisplacement 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; 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; 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: 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 I t 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 rmple enting regulations at 24 CFR Part 135. Signature/Authorized " Offrcial Date President of C ity Council Title 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 Feasible Priori ty . 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); Overall Benefit The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2010 -2011 (a period specified by the grantee consisting of O (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. cua 1 -11 -10 Signature /Authorized Official Date President of City Council Title OPTIONAL CERTIFICATION CDBG 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 a 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 a particular urgency because existing conditions pose a serious and immediate threat to the health or wel re of the community and other financial resources are not available to meet such needs. cZd 1 - -10 ignature/Authorized Official Date President of City Council Title 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. =") 1 -II -Ip Signature /Authorized Official Date President of City Council Title APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS: 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 $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certification I. 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. 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. 4. 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). 5. 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 three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant Place of Performance (Street address, city, county, state, zip code) r . . ... �i Check X if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is 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 or subcontractors in covered workplaces).