HomeMy WebLinkAbout09206
ORDINANCE NO. 9206
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 2017 HOME
INVESTMENT PARTNERSHIP ACT GRANT AND THE
COMMUNITY DEVELOPMENT BLOCK GRANT, RESCINDING
ORDINANCE NO. 9180, REESTABLISHING ORDINANCE NO.
9149, AND BUDGETING AND APPROPRIATING FUNDS IN THE
AMOUNT OF $2,265,108.62
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-17-DC-08-0205 for the
HOME Investment Partnerships Act (HOME) and B-17-MC-08-0007 for the Community
Development Block Grant (CDBG), copies of which are attached hereto, are hereby approved in
all respects.
SECTION 2.
The payments made by 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 No. 250
for CDBG funds and Special Fund No. 251 for the HOME funds.
SECTION 3.
Monies received as program income, including principal and interest loan repayments, or
other sources of private receipts, shall be transmitted to the Finance Department of the City and
credited to Fund Nos. 250 and 251 as appropriate.
SECTION 4.
CDBG funds in the amount of $1,326,342.00, which includes $147,175.74 in recaptured
prior year funds, $3,007.00 in prior year program income, and $788,583.88 in HOME funds, which
includes the City’s match share of $117,809.75, prior year program income of $78,582.82,
recaptured funds in the amount of $50,537.30, and the Pueblo County share of $59,852.77 for a
total of $2,265,108.62, are hereby budgeted and appropriated for the projects and in the amounts
set forth in the Annual Action Plan FY 2017-2018, as per Attachment 1.
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 Annual Action Plan approved by Ordinance No. 9149, and to
rescind Ordinance No. 9180 and its effects.
SECTION 6.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED November 13, 2017
BY: Ed Brown
COUNCILPERSON
APPROVED:
VICE PRESIDENT OF CITY COUNCIL
PASSED AND APPROVED: November 27, 2017
City Clerk’s Office Item # T-1
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE:
November 13, 2017
TO: Vice President Ed Brown and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting 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 2017 HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE
COMMUNITY DEVELOPMENT BLOCK GRANT, RESCINDING ORDINANCE
NO. 9180, REESTABLISHING ORDINANCE NO. 9149, AND BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $2,265,108.62
SUMMARY:
Attached is an Ordinance for City Council consideration, authorizing the City of Pueblo to accept
the 2017 HOME Investment Partnership Act Grant (HOME) and Community Development Block
Grant (CDBG). It appropriates and budgets the funds to undertake the activities submitted to the
U.S. Department of Housing and Urban Development (HUD) in the 2017-2018 Annual Action Plan
(AAP) originally approved by the City Council in Ordinance No. 9149. The attached Ordinance
rescinds Ordinance No. 9180, which undertook a Substantial Amendment action to Ordinance
No. 9149, and re-establishes Ordinance No. 9149 as originally drafted.
PREVIOUS COUNCIL ACTION:
Ordinance No. 9149 was approved by the City Council on July 24, 2017. The City Council on
October 10, 2017, approved Ordinance No. 9180, which authorized submission of an amended
Action Plan and effectively amended Ordinance No. 9149.
BACKGROUND:
The City of Pueblo is an entitlement community under the CDBG and HOME grants. HUD
requires that each entitlement community complete and submit an AAP outlining the activities that
it will undertake in conformance with the needs identified in the Consolidated Plan. Council
approved the 2017-2018 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 2017, HUD authorized $1,326,342.00 in CDBG funds and $541,654.00 in HOME
funds. HOME funds are received under the Pueblo Consortium. The Consortium funding is split
on an 87/13 basis with the County, as determined by HUD. The City portion of the HOME grant
to be budgeted and appropriated includes the 2017 grant ($481,801.24), the 2017 match
($117,809.75), prior year program income ($78,582.82), and $50,537.30 in recaptured HOME
funds, for a total of $728,731.11 in City funds. The County portion of the 2017 HOME grant is
$59,852.77. CDBG funds to be budgeted and appropriated include the 2017 grant
($1,326,342.00), prior year recaptured funds in the amount of $147,175.74, and prior year
program income of $3,007.00 for a total of $1,476,524.74
BOARD/COMMISSION RECOMMENDATION:
The Citizens’ Advisory Committee approved the activities of the 2017 AAP at their August 10,
2017 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 July 10, 2017. A substantial
amendment was processed and a public hearing was held on October 10, 2017.
ALTERNATIVES:
If the Ordinance is not approved, the City will not be awarded the funds for 2017.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Attachment 1: Description of 2017 Grant Projects
Certification of Correctness
Funding Approval and HOME Investment Partnerships Agreement
Funding/Approval Agreement (CDBG)
Attachment 1
Community Development Block Grant Program Funds
Project No. Description of Project Applicant Funding Amount
Public Services
CD1702 Tenant Based Rental Assistance Posada, Inc $5,000
Administration
CD1703 Homeless Supportive Services Program Posada, Inc. $45,000
CD1704 Homeless Youth Outreach Project Posada, Inc. $35,000
CD1705 Youth Recreation at Risley Boys&Girls Club $65,751.30
Eastside Center
CD1706 Home Stability Program Catholic Charities $20,000
CD1707 Graffiti Removal Program Municipal Court $15,000
CD1708 SRDA Transportation SRDA $13,200
Public Facilities/Neighborhood Improvements
CD1709 ADA Curbramps City of Pueblo $400,000
CD1710 El Centro del Quinto Sol Anthony Carbajal/ENA $91,944
Basketball Courts
CD1711 Demolition Program City of Pueblo Public Works $120,000
CD1712 St Anne's Park Anthony Carbajal/ENA $99,800
Playground& Swing Equipment
CD1713 Playground Equipment Southside Children's Center $40,000
CD1714 Curb Ramps/Sante Fe&Mesa Carol Galish $160,378.30
Eilers Association
Housing Activities
CD1715 Emergency Housing Rehabilitation Pueblo County Housing and $45,000
for Seniors Human Services
CD 1716 Owner Occupied Rehab Housing and Citizen Services $55,182.74
Program Administration
CD1701 Program Administration Housing and Citizen Services $265,268.40
Total $1,476,524.74
HOME Partnership Investment Act Program Funds
Project No. Description of Project Organization Funding Amount
HO1710 City Administration City of Pueblo $47,123.90
HO1720 Pueblo County Administration $7,041.50
HO1730 Consortium Share Housing Programs $52,811.26
(excluding match funds)
HO1740 HOME Down-payment Assistance City of Pueblo $50,000
Program
Community Housing Development Community Housing Development
HO1750 Organizations(CHDO) Organizations $81,248.10
HO1760 Housing Programs-TBD City of Pueblo $432,549.36
HO1770 City of Pueblo City Match Requirement $117,809.75
Total $788,583.87
Funding Approval/Agreement U.S.Department of Housing and Urban Development
Title I of the Housing and Community Office of Community Planning and Development
Community Development Block Grant Program OMB Approval No. 2606-0193
Development Act (Public Law 930 83)
HI-00515R of 205158 exp 5/31/2018
1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number
City Of Pueblo 846000615 010620284
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
03/01/2017
One City Hall Place 5a.Project/Grant No.1 6a.Amount Approved
Pueblo, CO 81003-4201 B-17-MC-08-0007 $1.326.342.00
5b.Project/Grant No.2 6b.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 arc catTied 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 1041g)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 Official's Name
Aaron Gagne Honorable Ed Brown
Title Title
CPD Director Vice President, City Council
4
Signature - Date 10/19/2017 Signature Date(ma-kid/my), 1 -415...
///4P -7 7
7.Category of Title I Assistance for this Funding Action: B.Special Conditions 9a.Date CR Received 10.check one
(check one) 10/19/2017 ®a.Orig.Funding
Entitlement,Sec 106(b) 0 None Approval
®Attached 9b.Date Grantee Notified
10/19/2017 ❑b.Amendment
Amendment Number
9c.Date of Start of Program Year
(03/01/2017)
11.Amount of Community Development
Block Grant FY(2017) FY(2016) FY( )
a.Funds Reserved for this Grantee $1,326.230.00 $ 112.00
b.Funds now being Approved
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
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Deportment of Housing and Urban Development on the above date with
respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency
guarantee assistance,and agrees to comply with the terms and conditions
of the Agreement,applicable regulations,and other requirements of HUD Title
now or hereafter in effect,pertaining to the assistance provided it.
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 6 3
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
24 CFR 570 form 1-IUD-7052(5/I)
Special Conditions 2017 CDBG Program
(a) 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, 2023. The Grantee shall not incur any obligations to be
paid with such assistance after September 1, 2023.
(b) 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/Aaencv Indirect cost rate Cost Base*
*Specify the type of cost base utilized - e.g., Modified Total Direct Costs
(MTDC). Do not include amounts.
(c) 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 System for Award Management (SAM.gov), and the Federal
Funding Accountability and Transparency Act as provided in 2 CFR part 25,
Universal Identifier and System for Award Management, and 2 CFR part 170,
Reporting Subaward and Executive Compensation Information.
(d) 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.
(e) The Grantee or unit of general local government that that 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 Act.
(f) 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.
Funding Approval and HOME U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Investment Partnerships Agreement
Title it of the National Affordable Housing Act
1. Participant Name and Address 2. Grant Number:M 17-DC080205
City Of Pueblo 3a Tax Identification Number: 3b. Unique Entity Identifier(formerly
I City Hall Place 846000615 DUNS):010620284
Pueblo, CO 81003-4201 4.Appropriation Number 5. FY(yyyy)
86 7/0 0205 2017
6. Previous Obligation(Enter"0"for initial FY allocation) $0.00
a. Formula Funds $0.00
b. Community Housing Development Org. (CHDO)Competitive $
7. Current Transaction(+or-) $541,654.00
a. Formula Funds $541,654.00
1. CH DO(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)
® Not applicable ❑ Attached (mm/dd/yyyy): 10/19/2017
11. Indirect Cost Rate* 12. Period of Performance:
Administering Agency/Dept. Indirect Cost Rate Direct Cost Base Date in Box#10-09/01/2025
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 subrecipienis.
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 5'h 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 Performance.
13. For the U.S. Department of HUD(Name and Title of Authorized Official) 14.Signa ,t e15. Date
Aaron Gagne-HUD Community Planning and Development Director x / , /' 10/19/2017
6
16. For the Participating Jurisdiction/Entity(Name and Title of Authorized Official) 17.S' ur ,y 18. Date
Ed Brown, Vice President,CityCouncil, Pueblo /fie`_ //X27
19.Check one: ® Initial Agreement ❑ Amendment#
20. Funding Information: HOME
Source of Funds Appropriation Code PAS Code Amount
2017 867/00205 HMF $535,613.00
2015 865/80205 HMF $2,094.00
2016 866/90205 HMF $3,190.00
2016x 86X0205-16 HMF $643.00
2017x 86X0205-17 HMF $114.00
Page 2 of 2 form HUD-40093