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ORDINANCE NO. 8624
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 CONCERNING THE YEAR 2013
HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS,
AMENDING ORDINANCE NO. 8548, AMENDING THE CITY OF
PUEBLO’S 2013 ONE-YEAR ACTION PLAN TO CONFORM
THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS
IN THE AMOUNT OF $2,006,147.20
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-13-DC-08-
0205 for the HOME Investment Partnerships Act Program (HOME) and B-13-MC-08-0007 for
the Community Development Block Grant Program (CDBG), copies of which are attached
hereto, are hereby approved in all respects.
SECTION 2.
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 CDBG funds and 251 for the HOME funds.
SECTION 3.
Monies received as program income including principal and interest loan repayments, or
other sources of private receipts by the fund accounts listed in Section 2 of this Ordinance, shall
be transmitted to the Finance Department of the City and credited to Fund Nos. 250 and 251.
SECTION 4.
Ordinance number 8548 adopting the City of Pueblo’s One Year Action Plan for the
fiscal year 2013-2014 is amended by increasing the 2013 CDBG grant by $92,526, from
$1,239,064 to $1,331,590, and by increasing the 2013 HOME grant by $1,263, from $543,789,
to $545.052.
SECTION 5.
CDBG funds in the amount of $1,331,590 and HOME funds in the amount of $620,052,
which includes $75,000 in estimated HOME program income, and the City share match of
$54,505.20, for a total of $2,006,147.20, are hereby budgeted and appropriated for the projects
and in the amounts set forth in the Annual Action Plan FY 2013-2014, as per Attachment 1.
SECTION 6.
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 7.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached grant agreement to effectuate the
transactions described within the Action Plan approved by Ordinance 8548.
SECTION 8.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED: August 26, 2013
BY: Sandy Daff
PASSED AND APPROVED: September 9, 2013
Background Paper for Proposed
Ordinance
DATE: August 26, 2013 AGENDA ITEM # R-1
DEPARTMENT: HOUSING AND CITIZEN SERVICES
ADA CLARK, DIRECTOR
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 CONCERNING THE YEAR 2013 HOME
INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAMS, AMENDING ORDINANCE NO. 8548, AMENDING THE CITY OF
PUEBLO’S 2013 ONE-YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING
AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,006,147.20
ISSUE
The City Council on December 10, 2012 approved Ordinance No. 8548, which authorized
submission of the Community Development block Grant (CDBG) and HOME Investment
partnership Act (HOME) funds FY 2013 application to the U.S. Department of Housing and
Urban Development (HUD). HUD approved the application and the City must now execute the
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
2013 in January of 2013. The City received the grant award documents in August of 2013. 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.
For grant year 2013, HUD authorized $1,331,590, in CDBG funding. This is a $92,526 increase
above the prior year’s grant. The HOME authorization was increased by $1,263, from $543,789
to $545,052. Attachment 1 contains a listing of the projects to be funded.
FINANCIAL IMPACT
The City will receive $1,876,642 in federal funds to carry out eligible activities, to include,
infrastructure improvements, public services, and affordable housing. In addition, the
Department anticipates $75,000 in program income from repayment and defaults in loan
agreements and from the sale of property derived from the HOME Program. The acceptance of
the HOME grant requires a 12.5% match ($54,505.20 - City share), which was previously
appropriated in 2013 City budget. The total amount of funds to be appropriated and budgeted is
$2,006,147.20.
ATTACHMENT 1
DESCRIPTION OF 2013 GRANT PROJECTS
PROJECT
DESCRIPTION OF PROJECTAPPLICANTFUNDING AMOUNT
NO.
Program Administration
CD1301Program AdministrationHousing and Citizen Services$266,318
PUBLIC SERVICES
Tenant Based Rental Assistance
CD1302Posada, Inc.$5,000
Administration
Homeless Supportive Services
CD1303Posada, Inc.$50,000
Program
CD1304Homeless Youth Outreach ProjectPosada, Inc.$33,000
Youth Recreation at Risley Eastside
CD1305Boys and Girls Club$70,890
Center
Senior Resource Development
CD1306Senior Transportation Services$8,000
Agency
PUBLIC
FACILITIES/NEIGHBORHOOD
IMPROVEMENTS
CD1307ADA Ramps –CitywideCity of Pueblo$400,000
CD1308ADA All the WayBAND$192,990.40
Plaza Verde Park Improvements
CD1309Eastside Neighborhood Assoc.$200,000
HOUSING ACTIVITIES
Emergency Housing Rehabilitation for Pueblo County Housing and Human
CD1310$45,000
SeniorsServices
CD1311DHCS Minor Repairs ProgramCity of Pueblo$50,391.60
CD1312HFH Right of Way HousingHabitat for Humanity$10,000
Total$1, 331,590.
HOME PARTNERSHIP INVESTMENT ACT PROGRAM GRANT FUNDS
PROJECT
DESCRIPTION OF PROJECTORGANIZATIONFUNDING AMOUNT
NO.
City of Pueblo Dept. of Housing &
Citizen Services
HO1301Administration and Oversight$43,604.16
Pueblo County Dept. of Housing & Human
HO1302$ 10,901.04
Services
Administration and Oversight/
Pueblo County Dept. of Housing & Human
Services
HO1303Affordable Housing Programs$ 81,757.80
City of Pueblo Dept. of Housing & Citizen
HOME Down-payment Assistance
Services
HO1304$75,000
Program
Community Housing Development Community Housing Development
HO1305$81,757.80
Organizations (CHDO)Organizations
City of Pueblo Dept. of Housing & Citizen
Services
HO1306Rehab/Infill/New Construction$252,031.20
Total$545,052.00
HO1399City Match Requirement$54,505.20
City Anticipated Program Income:
$75,000.00
Allocated as received
10% Allowable Admin.-HO1301$7,500.00
Rehab/Infill/New Construction –HO1306$67,500.00
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
Hl- 00515R of 20515R
1. Name of Grantee (as shown in item 5 of Standard Form 424) 3. Grantee's 9 - digit Tax ID Number 4. Date use of funds may begin
City of Pueblo, CO 84 6000615 (mm /dd /yyyy) 03/01/2013
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 6a. Amount Approved
B 13 - MC - 08 - 0007 $1,331,590
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,
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, CO
Title Title
Director, Community Planning and Development Mr ` . ,) President of the City Council
Date (mm /dd /yyyy) ign. Date (mm /dd /yyyy)
A I • 6: ,��L 2013 �!� 09/09/2013
gory .`/ itle I Assistance for this Funding Action 8. Special Conditions • .. •ate HUD Submission 10. check on
(check on one) (check one) (mm /dd /yyyy) QV/N/2013 . ® a. Orig. Funding
® a. Entitlement, Sec 106(b) ❑ None 9b. Date Grantee Notified Approval
❑ b. State- Administered, Sec 106(d)(1) ® Attached (mm /dd /yy ij I r" n ❑ b. Amendment
11 c. HUD Administered Small Cities, Sec 106(d)(2)(B) 9c. Date of Start of Program Year Amendment Number
❑ d. Indian CDBG Programs, Sec 106(a)(1) (mm /dd /yyyy) 03/01/2013
❑ 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 ( )
❑ g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee
b. Funds now being Approved $1,331,590
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
1 53 — I
1
ll
76
Y Project Number Amount
0 I
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 and Urban Development
Office of Community Planning and Development
Investment Partnerships Agreement
Title II of the National Affordable Housing Act
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 -13 -DC 08 -0205
Dept. of Housing and Citizen Services
2631 East 4 Street, 2 Floor
Pueblo, CO 81001
6. Previous Obligation (Enter "0" for initial FY allocation) 3. Tax Identification Number 4. DUNS Number
84- 6000615 010620284
a. Formula Funds 4. Appropriation Number 5. FY (yyyy)
2013
b. Community Housing Development Org. (CHDO) Competitive $0.00
7. Current Transaction (+ or -)
a. Formula Funds s545.052
1. CHDO (For deobligations only) $0
2. Non- CHDO (For deobligations only) I $
b. CHDO Competitive Reallocation or Deobligation (see #18 below) $
8. Revised Obligation $
a. Formula Funds I $
b.CHDO Competitive Reallocation $
9. Special Conditions (check applicable box) X $
This Agreement between the Department of Housing and Urban Development (HUD) and $
11. For the U.S. Department of HUD (Name and Title of Authorized 10. Date of Obligation (Congressional Release Date)
Official)
Leroy P. Brown, Director, Community Planning and (mm /dd /yyyy) / / JUL 7 2013
Development t.
14. For the Participating Jurisdiction /Entity (Name and Title of Authorized Official)
City of Pueblo, Stephen Nawrocki, President of City Council /71/ 2
ature 13. Date
16. Date
9 9 / 2013
17. Check one:
® Initial Agreement ❑ Amendment #
18. Funding Information: HOME
Source of Funds Appropriation Code PAS Code Amount
2013 863/50205 HMC $545,052
Page 1 of 2 form HUD -40093
*Special Conditions
HOME funds used for projects not completed within 4 years of the commitment date, as determined by a
signature of each party to the agreement shall be repaid, except that the Secretary may extend the deadline for
1 year if the Secretary determines that the failure to complete the project is beyond the control of the
participating jurisdiction.
No HOME funds may be committed to any project unless each participating jurisdiction certifies that it has
conducted an underwriting review, assessed developer capacity and fiscal soundness, and examined
neighborhood market conditions to ensure adequate need for each project.
Any homeownership units funded with HOME funds which cannot be sold to an eligible homeowner within
6 months of project completion shall be rented to an eligible tenant.
No HOME funds may be awarded for development activities to a community housing development organization
that cannot demonstrate that it has staff with demonstrated development experience.
Page 2 of 2 form HUD -40093