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HomeMy WebLinkAbout08756 ORDINANCE NO. 8756 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 2014 HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS, AMENDING ORDINANCE NO. 8673, AMENDING THE CITY OF PUEBLO’S 2014 ONE-YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,771,456.80 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-14-DC-08- 0205 for the HOME Investment Partnerships Act Program (HOME) and B-14-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 8673 adopting the City of Pueblo’s One Year Action Plan for the fiscal year 2014-2015 is amended by increasing the 2014 CDBG grant to $1,340,195, and by increasing the 2014 HOME grant to $323,238. SECTION 5. CDBG funds in the amount of $1,340,895, which includes a projected $700 in program income; and HOME funds in the amount of $430,561.80, which includes $75,000 in estimated HOME program income, and the City’s match share of $32,323.80, for a total of $1,771,456.80, are hereby budgeted and appropriated for the projects and in the amounts set forth in the Annual Action Plan FY 2014-2015, 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 agreements to effectuate the transactions described within the Action Plan approved by Ordinance 8673. SECTION 8. This Ordinance shall become effective immediately upon final passage. INTRODUCED: July 14, 2014 BY: Ami Nawrocki COUNCILPERSON PASSED AND APPROVED: July 28, 2014 City Clerk’s Office Item # R-2 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: July 14, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Ada Clark, Director of Housing and Citizen Services SUBJECT: 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 2014 HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS, AMENDING ORDINANCE NO. 8673, AMENDING THE CITY OF PUEBLO’S 2014 ONE- YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,771,456.80 SUMMARY: Attached is an Ordinance for City Council consideration authorizing the City of Pueblo to accept the 2014 HOME and CDBG Grants. It appropriates and budgets the funds to undertake the activities submitted to HUD in the 2014 Annual Action Plan approved by the City Council in Ordinance No. 8673. PREVIOUS COUNCIL ACTION: The City Council on November 25, 2013 approved Ordinance No. 8673, which authorized submission of the Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) FY 2014 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 appropriation must be established accordingly. BACKGROUND: The City of Pueblo submitted an application to HUD for CDBG and HOME funds for the year 2014 in December of 2013. The City received the grant award documents in June of 2014. 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 2014, HUD authorized $1,340,195, in CDBG and $323,238 in HOME funds. Attachment 1 contains a listing of the projects to be funded FINANCIAL IMPLICATIONS: The City will receive $1,663,433 in new federal funds to carry out eligible activities, to include, infrastructure improvements, public services, and affordable housing, and an additional $108,023.80 is also appropriated and budgeted. This latter amount is composed of the required HOME match and anticipated program income. The acceptance of the HOME grant requires a 12.5% match ($40,404.75). The City share is $32,323.80, which was previously appropriated in the 2014 City budget. The Department anticipates $75,000 in HOME program income from the repayment of outstanding loans and from the sale of property, and $700 in CDBG program income in loan repayments. BOARD/COMMISSION RECOMMENDATION: The Citizens Advisory Committee approved the activities of the 2014 Action Plan at their July 31, 2013 meeting. STAKEHOLDER PROCESS: Public Notices were published in the Pueblo Chieftain notifying the community of the approved activities. A public hearing was held before the City Council on November 25, 2013, as well as the public hearing of July 28, 2014 ALTERNATIVES: If the Ordinance is not approved, the City will not be awarded the funds for 2014. RECOMMENDATION: Approval of the Ordinance Attachments:  Attachment 1: Description of 2014 Grant Projects  Certification of Correctness, Grant Agreements and Funding Approvals Attachment 1 DESCRIPTION OF 2014 GRANT PROJECTS Project Funding Description of ProjectApplicant No. Amount Program Administration CD1401Program AdministrationHousing and Citizen Services$268,039.00 CD1417ContingenciesHousing & Citizen Services$17,095.60 CD1418Program IncomeHousing & Citizen Services$700.00 Public Services Tenant Based Rental Assistance CD1402Posada, Inc.$5,000 Administration CD1403Homeless Supportive Services ProgramPosada, Inc.$50,000 CD1404Homeless Youth Outreach ProjectPosada, Inc.$35,000 CD1405Youth Recreation at Eastside CenterBoys & Girls Club$70,859.60 CD1406Home Stability ProgramCatholic Charities$25,000 Public Facilities/Neighborhood Improvements CD1407ADA Ramps –CitywideCity of Pueblo$300,000 CD1408Bessemer Park Improvement Ph 2BAND$30,000 CD1409East Side Library Public ImprovementPueblo City/County Library$56,495 Sidewalks, Curb & Gutters CD1414Erasmo Leal$47,647 1200 Blk Belmont Sidewalk Improvements CD1415 Andre Thompson$34,154 700 Blk Arroyo CD1416Demolition ProgramCity of Pueblo Public Works$100,000 Housing Activities Emergency Housing Rehabilitation for Pueblo County Housing and Human CD1410$45,000 SeniorsServices CD1411DHCS Minor Repairs ProgramHousing & Citizen Services$155,904.80 CD1412Neighborhood Revitalization ProgramHousing & Citizen Services$50,000 CD1413Owner-Occupied RehabilitationHousing & Citizen Services$50,000 Total$1,340,895 Attachment 1 HOME Partnership Investment Act Program Funds Project Funding Description of ProjectOrganization No. Amount HO1401City AdministrationCity of Pueblo$25,859.04 HO1402Administration$6,464.76 Pueblo County HO1403Downpayment and Rehabilitation Program $56,566,65 Consortium Share (including match funds) HOME Down-payment Assistance HO1404City of Pueblo$75,000 Program Community Housing Development Community Housing Development HO1405$48,485.70 Organizations (CHDO)Organizations City of Pueblo HO1406Rehab/Infill/New Construction $151,266.60 (Includes required match funds) Program Income HO140710% for Admin -$7,500City of Pueblo$75,000 Housing Programs -$67,500 Total$438,642.75 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 OMB Approval No. HI-00515R of 20515R 2506-0193(exp 1/31/2015) 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number: 3b.Grantee's DUNS Number: 4.Date use of funds may City of Pueblo 84-60000615 010620284 begin(mm/dd/yyyy): 03/01/2014 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 5a.Project/Grant No.1 6a.Amount Approved 2631 East 4th Street B-14-MC-08-0007 $1,340,195 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 Sandra K.Daff,President of City Council Signature Date(mm/dd/yyyy) Si� ua4n e f��4/ ) qr. . June 18, 2014 C/44 'I / of, e I Assistance for this Funding Action 8.Special Conditions 9a.Date HUD Received Submissio Fly.check one (check onl Ane) (check one) (mm/dd/yyyy) 04/29/2014 ®a.Orig.Funding ®a.Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ❑b.State-Administered,Sec 106)d)(1) ®Attached (mm/dd/yyyy) June 18,2014 ❑b.Amendment ❑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) 03/01/2014 ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development ❑f.Special Purpose Grants,Sec 107 Block Grant FY(2013) FY( ) FY( ) ❑g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee b.Funds now being Approved c.Reservation to be Cancelled $1,340,195 (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 N/A HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F 153 176 Y Project Number Amount Y Project Number Amount 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(11/10) 2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SPECIAL CONDITIONS 13. (b) Special conditions: E. 0. 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.O.) 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. 2. 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 which was converted to the System for Award Management (SAM), and the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and Central Contractor Registration, and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. 3. The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy- related, communication-related, water- related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common- carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownsfield as defined in the Small Business Liability Relief and Brownsfield Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. 4. The Grantee or a unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. Fuin�ing 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 M-14-DC-08-0205 3. Tax Identification Number 4. DUNS Number 2631 East 4`h Street 84-60000615 010620284 4.Appropriation Number 5. FY(yyyy) Pueblo,CO 8101 See#18 below 2014 6. Previous Obligation(Enter"0"for initial FY allocation) $0.00 a. Formula Funds $323,238 b. Community Housing Development Org. (CHDO)Competitive $ 7. Current Transaction(+or-) $323,238 a. Formula Funds $ 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) 0 Not applicable ® Attached (mm/dd/yyyy) 06/18/2014 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 System for Award Management (SAM) (SAM replaces CCR), and the Federal Funding Accountability and Transparency Act (FFATA), 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) nature 62? 13. Date LeRoy P.Brown,Director,Community Planning&Development �►�/�•• 06/18/2014 14. For the Participating Jurisdiction/Entity(Name and Title of Authorized Official) — 5 d'F, re 16. Date,„ Sandra K. Daff, President of the City Council (4.a ��i ' / 7 1L// /7 17.Check one: ® Initial Agreement ❑ Amendment# 18. Funding Information: HOME Source of Funds Appropriation Code PAS Code Amount FY 2014 HOME 8619/30205 HMC $323,238 Page 1 form HUD-40093 HOME Special Conditions (2014) 1) PJs must repay any HOME funds invested in projects that are not completed within four years of the date funds are committed, as determined by a signature of each party to the written agreement. HUD may grant a one-year extension upon determination that the failure to complete the project was beyond the control of the PJ. 2) PJs may only commit FY2013 and FY2014 HOME funds to a project after it has underwritten the project, assessed the development capacity and fiscal soundness of the developer being funded, and examined the neighborhood market conditions to ensure that there is an adequate need for the HOME project. The PJ must certify, at the time HOME funds are committed to a project, that it has taken these actions with respect to the project being funded. 3) PJs must convert any FY2013 and FY2014 HOME-assisted homeownership unit that has not been sold to an eligible homebuyer within six months of construction completion to a HOME-assisted rental unit. 4) PJs may only provide FY2013 and FY2014 HOME funds for development activities to Community Housing Development Organizations (CHDOs) that have demonstrated that they have staff with demonstrated development experience. Page 2 of 2 form HUD-40093