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HomeMy WebLinkAbout08943ORDINANCE NO. 8943 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 2015 HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS, AMENDING ORDINANCE NO. 8873, AMENDING THE CITY OF PUEBLO’S 2015 ONE-YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,087,009 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-15-DC-08-0205 for the HOME Investment Partnerships Act Program (HOME) and B-15-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. CDBG funds in the amount of $1,330,918, and expected program income in the amount of $96,000 and City HOME funds in the amount of $572,913.30, which includes $96,000 in estimated HOME program income, and the City’s match share of $51,281 for a total of $1,999,831.30, are hereby budgeted and appropriated for the projects and in the amounts set forth in the Annual Action Plan FY 2015-2016, as per Attachment 1. The County portion of the 2015 HOME grant is $87,177.70. SECTION 5. 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 8873. 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. This Ordinance shall become effective immediately upon final passage. INTRODUCED: October 26, 2015 BY: Bob Schilling COUNCILPERSON APPROVED: VICE-PRES DENT OF CITY COUNCIL ATTESTED BY: C'\ Y CLERK i,,..x:.._ PASSED AND APPROVED: November 23, 2015 City Clerk’s Office Item # R-13 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: October 26, 2015 TO: President Stephen G. Nawrocki 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 2015 HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS, AMENDING ORDINANCE NO. 8873 AMENDING THE CITY OF PUEBLO’S 2015 ONE-YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,087,009 SUMMARY: Attached is an Ordinance for City Council consideration authorizing the City of Pueblo to accept the 2015 HOME and CDBG Grants. It appropriates and budgets the funds to undertake the activities submitted to HUD in the 2015 Annual Action Plan approved by the City Council in Ordinance No. 8873 PREVIOUS COUNCIL ACTION: The City Council on May 26, 2015 approved Ordinance No. 8873, which authorized submission of the Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) FY 2015 application to the U.S. Department of Housing and Urban Development (HUD). BACKGROUND: The City of Pueblo is an entitlement city under the Community Development Block Grant and the HOME Investment Partnership Act grants. The U.S. Department of HUD requires that each entitlement city complete and submit an Annual Action Plan (AAP) outlining the activities that it will undertake in conformance with the needs identified in the Consolidated Plan. Council approved the 2015-2016 AAP as previously stated, and it was submitted to HUD for approval. The AAP was approved as evidenced by the grant agreements. The City must now execute the grant agreements. FINANCIAL IMPLICATIONS: For grant year 2015, HUD authorized $1,330,918, in CDBG funds and $512,810 in HOME funds. HOME funds are received under the Pueblo Consortium. The Consortium funding is split on an 80/20 basis with the County. The City portion to be budgeted and appropriated totals $572,913.30 ($425,632.30 in 2015 grant funds; $51,281 City match funds and $96,000 in anticipated program income). The County portion of the 2015 HOME grant is $87,177.70. The CDBG Program anticipates program income in the amount of $96,000. A portion of these funds result from the repayment of rehabilitation loans and are restricted to the Rehabilitation Program, which operates a revolving loan fund. Attachment 1 outlines the projects to be undertaken. BOARD/COMMISSION RECOMMENDATION: The Citizens Advisory Committee approved the activities of the 2015 Action Plan at their October 2, 2014 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 May 26, 2015, as well as the public hearing of July 22, 2015. ALTERNATIVES: If the Ordinance is not approved, the City will not be awarded the funds for 2015. RECOMMENDATION: Approval of the Ordinance Attachments:  Attachment 1: Description of 2015 Grant Projects  Certification of Correctness, Grant Agreements and Funding Approvals  Funding Agreement 2015 CDBG  Funding Agreement 2015 HOME Attachment 1 Community Development Block Grant Program Funds Project No. Description of Project Applicant Funding Amount Public Services CD1502 Tenant Based Rental Assistance Posada, Inc $5,000 Administration CD1503 Homeless Supportive Services Program Posada, Inc. $45,000 CD1504 Homeless Youth Outreach Project Posada, Inc. $35,000 CD1505 Youth Recreation at Risley Boys&Girls Club $60,222.70 Eastside Center CD1506 Home Stability Program Catholic Charities $20,000 CD1509 Graffiti Removal Program Municipal Court $18,000 CD1513 SRDA Transportation SRDA $16,415 Public Facilities/Neighborhood Improvements CD1507 ADA Ramps-Citywide City of Pueblo $400,000 CD1508 El Centro del Quinto Sol Park Anthony Carbajal/ENA $195,096.70 Improvements CD1516 Demolition Program City of Pueblo Public Works $120,000 Housing Activities CD1510 Emergency Housing Rehabilitation Pueblo County Housing and $45,000 for Seniors Human Services CD151 l DHCS Minor Repairs Program Housing and Citizen Services $75,000 CD1512 Ramp & Home Modifications Center for Disabilities $30,000 Program Administration CD1501 Program Administration Housing and Citizen Services $266,183.60 CD15P1 Program Income $96,000 Total $1,426,918 HOME Partnership Investment Act Program Funds Project No. Description of Project Organization Funding Amount H01510 City Administration City of Pueblo $41,024.80 H01520 Administration $10,256.20 HO1530 Pueblo County Downpayment& Rehabilitation Program $76,921.50 Consortium Share (does not include match funds of$12,820.25) H01540 HOME Down-payment Assistance City of Pueblo $50,000 Program H01550 Community Housing Development Community Housing Development $76,921.50 Organizations(CHDO) Organizations HO1560 Rehab/Infill/New Construction City of Pueblo $308,967 (Including matching funds of$51,281) H01570 Program Income City of Pueblo $96,000 Total $660,091 Funding Approval and HOME U.S. Department of Housing and Urban Development Investment Partnerships Agreement Office of Community Planning and Development Title II of the National Affordable Housing Act 1. Participant Name and Address 2. Grant Number City of Pueblo M-15-DC-08-0205 3a Tax Identification Number 3b. Unique Entity Identifier(formerly DUNS) 2631 East 4th Street 84-6000616 010620284 4.Appropriation Number 5. FY(yyyy) Pueblo,CO 81001 See#18 below 2015 6. Previous Obligation(Enter"0"for initial FY allocation) $0.00 a. Formula Funds $512,810 b. Community Housing Development Org. (CHDO)Competitive $ 7. Current Transaction(+or-) $512,810 a. Formula Funds $ 1. CHDO(For deobligations only) $ 2. Non-CHDO(For deobligations only) $ b. CHDO Competitive Reallocation or Deobligation $ 8. Revised Obligation $ a. Formula Funds $ b. CHDO Competitive Reallocation $ 9. Special Conditions(check applicable box) 10. Date of Obligation(Congressional Release Date) E Not applicable ❑ Attached (mm/dd/yyyy) 09/01 /2015 11. Indirect Cost Rate* 12. Period of Performance Administering Agency/Dept. Indirect Cost Rate Direct Cost Base Date in Box#10-09/01/2023 % * If funding assistance will be used for payment of indirect costs pursuant to 2 CFR % 200, Subpart E-Cost Principles, provide the name of the department/agency, its indirect cost rate(including if the de minimis rate is charged per 2§CFR 200.414), and the direct cost base to which the rate will be applied. Do not include cost rates for subrecipients. 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 Universal Numbering System and System for Award Management(SAM)requirements in Appendix A to 2 CFR part 25,and the Federal Funding Accountability and Transparency Act(FFATA)in Appendix A to 2 CFR part 170. The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September 15'of the 5th fiscal year after the expiration of the period of availability for obligation.Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose.Per 31 U.S.C.1552. The grantee shall not incur any obligations to be paid with such assistance after the end of the Period of P- orman . 13.For the U.S. Department of HUD(Name and Title of Authorized Official) 1, ai a ) ..Date Renee D.Ryles,Acting CPD Director A�t1 f/ 09/01/2015 16.For the Participating Jurisdiction/Entity(Name and Title of Authorized Official) 17 `ire 18. Date Stephen Nawrocki,President of the City Councildi it /,23/ of S' 19.Check one: ® Initial Agreement ❑ Amendment# 20. Funding Information: HOME Source of Funds Appropriation Code PAS Code Amount FY2015 8619/30205 HMC $512,810.00 Page 1 form HUD-40093 ,<PI. 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 84-6000615 010620284 begin(mm/dd/yyyy): 03/01/2015 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-15-MC-08-0007 $1,330,918 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 I04(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 Renee D. Ryles City of Pueblo Title Title n• PD r'recto A Stephen Nawrock', ' esident of . Council ig `��� / Date(mm/dd/yyyy) Sig naturea .j11111. Date(mm/dd/yyyy) MILl • r - September 01,2015 j;31,2015 7.Catego of Title I Assistance for this Fu d' g Action 8.Special Conditions 9a.Date HUD Received Submission 10.check one (check,,my one) (check one) (mm/dd/yyyy) 06/17/2015 ®a.Orig.Funding ®a. ntitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ❑b.State-Administered,Sec 106(d)(1) ®Attached (mm/dd/yyyy) September 1, ❑b.Amendment ❑c.HUD-Administered Small Cities,Sec 106(d)(2)(B) 2015 Amendment Number ❑d.Indian CDBG Programs,Sec 106(a)(1) 9c.Date of Start of Program Year ❑e.Surplus Urban Renewal Funds,Sec 112(b) (mm/dd/yyyy) 03/01/2015 ❑f.Special Purpose Grants,Sec 107 11.Amount of Community Development ❑g.Loan Guarantee,Sec 108 Block Grant FY(2015) FY( ) FY( ) a.Funds Reserved for this Grantee b.Funds now being Approved c.Reservation to be Cancelled $1,330,918 (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 — � — ❑ 1 7 6 — — ❑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 2015 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SPECIAL CONDITIONS 1. The period of performance for the funding assistance specified in the Funding Approval ("Funding Assistance") shall begin on the date specified in item 4 and shall end on September 1, 2022. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2022. (Source: 31 U.S.C. 1551-1557) 2. If Funding Assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E - Cost Principles, attach a schedule in the format set forth below to the executed Grant Agreement that is returned to HUD. The schedule shall identify each department/agency that will carry out activities with the Funding Assistance, the indirect cost rate applicable to each department/agency (including if the de minimis rate is charged per 2 CFR §200.414), and the direct cost base to which the rate will be applied. Do not include indirect cost rates for subrecipients. Administering Direct Department/Agency Indirect cost rate Cost Base % % 3. The grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Universal Numbering System and System for Award Management (SAM) requirements in Appendix A to 2 CFR part 25, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170. 4. The grantee, unit of general local government or Insular Area that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity 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 (the Act). (Source: P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund) 5. CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund) 6. 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. (Source: P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title IV, General Provisions, Section 407) 7. E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this 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 Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 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.