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HomeMy WebLinkAbout08394ORDINANCE NO. 8394 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONCERNING THE YEAR 2011 HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS, AMENDING ORDINANCE NO. 8303, AMENDING THE CITY OF PUEBLO’S 2011 ONE-YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,324,897 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Agreements between the U S Department of Housing and Urban Development (HUD) and the City of Pueblo, which are identified as Grant Number M-11-DC-08- 0205 for the HOME Program and B-11-MC-08-0007 for CDBG, copies of which are attached hereto, are hereby approved in all respects. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Grant Agreements in the name of the City and the City Clerk is hereby authorized and directed to affix the official seal of the City of Pueblo and attest same. SECTION 3. The City Manager, or his duly authorized representatives, and other officials of the City are hereby authorized and directed to do all things required to be done in order to obtain payments under the Grant Agreements, including, but not limited to, making required certifications, submitting requests for payment, contracting with persons and organizations in order to carry out the provisions of the Grant Agreements, filing reports and keeping records relating to fiscal, performance and evaluation matters, and submitting other materials, as required to HUD. SECTION 4. The payments made by the HUD to the City pursuant to and under the Grant Agreements shall be transmitted to the Finance Department of the City and credited to Special Fund Nos. 250 for Community Development Block Grant and 251 for HOME Investment Partnerships Act funds. SECTION 5. Monies received as program income including principal and interest loan repayments, or other sources of private receipts by the fund accounts listed in Section 4 of this Ordinance, shall be transmitted to the Finance Department of the City and credited to Fund Nos. 250 and 251. SECTION 6. Ordinance number 8303 adopting the City of Pueblo’s One Year Action Plan for the fiscal year 2011-2012 is amended by decreasing the 2011 CDBG grant by $286,448, from $1,799,904 to $1,513,456, and by decreasing the 2011 HOME grant by $109,656, from $921,097, to $811,441. SECTION 7. The total amount of $2,324,897 is hereby budgeted and appropriated, and projects established as per Attachment 1. INTRODUCED September 12, 2011 BY: Vera Ortegon COUNCILPERSON PASSED AND APPROVED: September 26, 2011 Attachment 2 –Public Comments Background Paper for Ordinance # R-7 AGENDA ITEM DATE: September 12, 2011 DEPARTMENT: HOUSING AND CITIZEN SERVICES ADA RIVERA CLARK TITLE AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS BETWEEN THE CITY OF PUEBLO AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONCERNING THE YEAR 2011 HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS, AMENDING ORDINANCE NO. 8303, AMENDING THE CITY OF PUEBLO’S 2011 ONE-YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,324,897 ISSUE The City Council on January 10, 2011 approved Ordinance No. 8303 which authorized submission of the CDBG and HOME FY 2011 application to the U.S. Department of Housing and Urban Development (HUD). HUD approved the application and the City must now execute the attached grant agreements. However, the forecasted grant funds have changed, and budgets must be established accordingly. RECOMMENDATION Approval of the Ordinance. BACKGROUND The City of Pueblo submitted an application to HUD for CDBG and HOME funds for the year 2011 on January 12, 2011. The City received the grant award documents on August 8, 2011. The City must now enter into grant agreements in order to receive the funds. Each year the Department estimates the amount of funds to be received based on the prior year grant, and then adjusts the Action Plan based on the actual grant award. HUD authorized $1,513,456, in CDBG funding. This is a $286,448, decrease from the estimated amount. The decrease in funding resulted in the elimination of projects from the CAC’s recommendation list. In addition to the cuts, projects are being cancelled in order to allocate funding to projects that can be completed this year to ensure timely expenditure of funds. This was discussed with the City Council at the Council Budget Retreat in early 2011. The HOME funding was reduced from $921,097 to $811,441, a decrease of $109,656. The reduction in HOME funding is absorbed by each of the HOME projects. Attachment 1 contains a listing of the projects and the corresponding changes. A public notice was published in The Pueblo Chieftain, on July 01, 2011, beginning the 30-day comment period, upon receipt of our award letter. However, we did not receive the grant documents until August 8, 2011, and were unable to hold the originally scheduled public hearing. A public notice was published cancelling the scheduled public hearing and a second notice was published advising the public of the new date for the public hearing. Comments received are included in Attachment 2. FINANCIAL IMPACT The City will receive $2,324,897 in federal funds to carry out eligible activities, to include, infrastructure improvements, public services, and affordable housing. The acceptance of the HOME grant requires a 25% match, which was previously appropriated in 2011 budget. Funding Approval /Agreement U.S. Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act (Public Law 930383) Community Development Block Grant Program HI 00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3a. Grantee's 9 -digit Tax 3b. Grantee's DUNS Number: 4. Date use of funds may city of Pueblo ID Number: 010620284 begin (mm /ddlyyyy): 84- 6000615 03/01/2011 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 6a. Amount Approved 2631 East 4 Street B 11 - MC - 08 - 0007 1,513,456 Pueblo, CO 81001 5b. Project/Grant No. 2 6b. Amount Approved 5c. Project/Grant No. 3 6c. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions/addendums, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre - agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name LeRoy P. Brown city of Pueblo Title Title Director, Community Planning and Development Mr. • Agu' era, President of the City Council Signatur- Date , m /dd/ ) Signat Date (mm/dd /yyyy) ' atego if Title I Assistance for this Funding Action : Special onditions .,a. Date HUD Rece i ed Submission 10. check one (check . ly one) (check one) (mm/dd/yyyy) 01/12/2011 ® a. Orig. Funding ® a. Entitlement, Sec 106(b) ❑ None 9b. Date Grantee �� No�t led Approval El b. State- Administered, Sec 106(d)(1) ® Attached (mm /dd /yyyy) //col // / ❑ b. Amendment E] c. HUD - Administered Small Cities, Sec 106(d)(2)(B) 9c. Date of Start �� Progr Year Amendment Number ❑ d. Indian CDBG Programs, Sec 106(a)(1) (mm /dd /yyyy) 03/01/2011 ❑ e. Surplus Urban Renewal Funds, Sec 112(b) 11. Amount of Community Development ❑ f. Special Purpose Grants, Sec 107 Block Grant FY (2011) FY ( ) FY ( ) El g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee b. Funds now being Approved $1,513,456 c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and N/A conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. N/A Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd /yyyy) F , �6 oa❑ Y Project Number Amount Y Project Number Amount ❑ I Date Entered PAS (mm /dd /yyyy) Date Entered LOCCS (mm /dd /yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD -7082 (4/93) 13. (b) Special conditions: E. O. 12372 - SPECIAL CONTRACT CONDITIONS 1. Notwithstanding any provision of the Grant Agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under the Executive Order (E.0.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 C.F.R. Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. ADDENDUM TO GRANT AGREEMENT FOR CDBG PROGRAM In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). Funding Approval and HOME U.S. Department of Housing OMB Approval No. 2506 -0171 and Urban Development (Exp. 12/31/2012) Investment Partnerships Agreement Office of Community Planning Title II of the National Affordable Housing Act and Development Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston - Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project- specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 1. Participant Name and Address 2. Participant Number city of Pueblo, Colorado M 11 - DC - 08 - 0205 3. Tax Identification Number 4. DUNS Number 2631 East 4 Street 84 6000615 010620284 4. Appropriation Number 5. FY (yyyy) Pueblo, CO 81001 see #18 below 2011 6. Previous Obligation (Enter "0" for initial FY allocation) $0.00 a. Formula Funds $ b. Community Housing Development Org. (CHDO) Competitive $ 7. Current Transaction (+ or -) $ a. Formula Funds $ 811,441 1. CHDO (For deobligations only) $ 2. Non- CHDO (For deobligations only) $ b. CHDO Competitive Reallocation or Deobligation (see #18 below) $ 8. Revised Obligation $ a. Formula Funds b. CHDO Competitive Reallocation $ 9. Special Conditions (check applicable box) 10. Date of Obligation (Congressional Release Date) ® Not applicable ❑ Attached (mm /dd /yyyy) 07/26/2011 This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction /Entity is made pursuant to the authority of the HOME investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission /Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD - 40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction /Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's /Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction /Entity without the Participating Jurisdiction's /Entity's execution of the amendment or other consent. The Participating Jurisdiction /Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). 11. For the U.S. Department of HUD (Name and Title of Authorized Official) 12. S ature 13. Date LeRoy P. Brown, Director, Community Planning & Development 07/26/2011 14. For the Participating Jurisdiction /Entity (Name and Title of Authorized Official) 5 Si: r/ure 16. Date Ray Aquilera, President, Pueblo City Council 0 c1 / 2.4 y u t 17. Check one: ❑ Initial Agreement ❑ Amendment # 18. Funding Information: HOME Source of Funds Appropriation Code PAS Code Amount FY2011 HOME 8619/30205 HMC $ 811,441 Page 1 of 1 form HUD -40093