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HomeMy WebLinkAbout09357 ORDINANCE NO. 9357 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 2018 YEAR HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT, AMENDING ORDINANCE NO. 9228, AMENDING THE CITY OF PUEBLO’S 2018 ANNUAL ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,464,270 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-18- DC-08-0205 for the HOME Investment Partnerships Act (HOME) and B-18-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 $1,461,068.00, and HOME funds in the amount of $1,003,202 where the HOME funds include the City’s match share of $156,862.00, prior year program repayment of $45,000.00, and the Pueblo County share of $88,548.00 create a total 2018 grant of $2,464,270.00 and are hereby budgeted and appropriated for the projects and in the amounts set forth in the Annual Action Plan FY 2018-2019, as per Attachment 1. SECTION 5. Ordinance No. 9228 and the Annual Action Plan therein are hereby amended to conform to the Annual Action Plan FY 2018-2019 attached herein as Attachment 1, and the grant funds budgeted and appropriated herein are accepted in lieu of the grant funds applied for under Ordinance No. 9228. SECTION 6. 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 in the Annual Action Plan FY 2018-2019 incorporated herein. SECTION 7. This Ordinance shall become effective immediately upon final passage. INTRODUCED: October 22, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: November 12, 2018 City Clerk’s Office Item # R-1 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: October 22, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Bryan Gallagher, Acting 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 2018 YEAR HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT, AMENDING ORDINANCE NO. 9228, AMENDING THE CITY OF PUEBLO’S 2018 ANNUAL ACTION PLAN TO CONFORM THEREWITH, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,464,270 SUMMARY : Attached is an Ordinance for City Council consideration, authorizing the City of Pueblo to accept the 2018 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 2018-2019 Annual Action Plan (AAP) approved by the City Council in Ordinance No. 9228. PREVIOUS COUNCIL ACTION: The City Council on February 12, 2018 approved Ordinance No. 9228, which authorized submission of the Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) FY2018 application to HUD. 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 2018-2019 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 2018, HUD authorized $1,461,068.00 in CDBG funds and $801,340.00 in HOME funds. CDBG funds to be budgeted and appropriated are comprised of the 2018 grant for a total of $1,461,068.00. 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, and in accordance with the Community Housing Development Organization (CHDO). The HOME grant to be budgeted and appropriated includes the City’s portion of the 2018 grant ($712,792.00), the 2018 HOME match by the City ($156,862.00), and $45,000.00 in repaid HOME program funds, for a total of $914,654.00 in City funds. The County portion of the 2018 HOME grant to be budgeted and appropriated under the Consortium Agreement is $88,548.00. The total HOME funds to be budgeted and appropriated are $1,003,202.00. BOARD/COMMISSION RECOMMENDATION: The Citizens’ Advisory Committee approved the activities of the 2018 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 in the City Council Chambers on July 18, 2017. ALTERNATIVES: If the Ordinance is not approved, the City will not be awarded the funds for 2018. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: Attachment 1: Description of 2018 Grant Projects Certification of Correctness Funding Approval and HOME Investment Partnerships Agreement - HUD-40093 Funding/Approval Agreement (CDBG) – HUD-7082 Attachment 1 Community Development Block Grant Program Funds Project No. Description of Project Applicant Funding Amount Public Services CD1802 Tenant Based Rental Assistance Posada, Inc $7,000 Administration CD 1803 Senior Transportation SRDA $22,000 CD1804 Home Stability Program Catholic Charities $25,000 CD1805 Homeless Supportive Services Posada, Inc $50,000 CD1806 Homeless Youth Outreach Project Posada, Inc $37,208 CD1808 Youth Recreation at Boys& Girls Club $57,951 Eastside Center Public Facilities/Neighborhood Improvements CD1809 ADA Curb Ramps City of Pueblo $435,746 CD1810 Fire Engine, Station No. 4 City of Pueblo $488,950 Housing Activities CD181 1 Emergency Housing Rehabilitation Pueblo County Housing and $45,000 for Seniors Human Services Program Administration CD1801 Program Administration Housing and Citizen Services $272,213 CD1807 Homeless Support Services Pueblo Rescue Mission 20,000 Total $1,461,068 HOME Partnership Investment Act Program Funds Project No. Description of Project Organization Funding Amount H01810 City Administration City of Pueblo $69,717 H01820 Pueblo County Administration $10,417 H01830 Consortium Share Housing Programs(excluding match funds) $78,131 H01840 Community Housing Development City of Pueblo $120,201 Organizations(CHDO) HO1850 Housing Programs City of Pueblo $567,874 H01860 City of Pueblo City Match Requirement $156,862 Total $1,003,202 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.2506-0193 exp 5/31/2018 HI-00515R of 2051.5R 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 Pueblo Administration (mm/dd/yyyy) One City Hall Place,2"d Floor 5a.Project/Grant No.1 6a.Amount Approved 200 South Main Street B-18-MC-08-0007 $1,461,068.00 Pueblo,CO 81003 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 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 Aaron Gagne Chrisopher A.Nicoll, City Of Pueblo Title Title CPD Director President,City Council Signature / Date(mm/dd/yyyy) Signature Date(mm/dd/yyyy) (// 10/03/2018 1 II /1Z /1D( W 7.Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one (check one) (mm/dd/yyyy) ®a.Orig.Funding Entitlement,Sec 106(b) 0 None 9b.Date Grantee Notified Approval ®Attached (mm/dd/yyyy) 0 b.Amendment 9c.Date of Start of Program Year Amendment Number (04/01/2018) 11.Amount of Community Development Block Grant FY(2018) FY(2017) FY( ) a.Funds Reserved for this Grantee $1,460,954.00 $114.00 b.Funds now being Approved c.Reservation to be Cancelled (1la minus 11b) 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency N/A City Of Pueblo Loan Guarantee Acceptance Provisions for Designated Agencies: One City Hall Place,2"d Floor The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with 200 South Main Street respect to the above grant number(s)as Grantee designated to receive loan Pueblo,CO 81003 guarantee assistance,and agrees to comply with the terms and conditions 12c.Name of Authorized Official for Designated Public Agency of the Agreement,applicable regulations,and other requirements of HUD now or hereafter in effect,pertaining to the assistance provided it. Title Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F 153 a 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 HUD-7082(5/I5 PY2018 CDBG Program 8. Special Conditions. • (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, 2025. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2025. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (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 Central Contractor Registration, 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 PY2018 CDBG Program 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 brownfield as defined in the Small Business Liability Relief and Brownfields 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. (g) CDBG funds may not be provided to a for-profit entity pursuant to section I05(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). 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 1. Participant Name and Address 2. Grant Number:M18-DC080205 Pueblo Administration One City Hall Place,2°`I Floor 3a Tax Identification Number: 3b. Unique Entity Identifier(formerly 200 South Main Street 846000615 DUNS):010620284 Pueblo, CO 81003 4.Appropriation Number 5. FY(yyyy) 86 8/1 0205 2018 6. Previous Obligation(Enter"0"for initial FY allocation) $0.00 a. Formula Funds $801,340.00 b. Community Housing Development Org. (CHDO)Competitive $ hF:r ,, 7. Current Transaction(+or-) $801,340.00 a. Formula Funds $801,340.00 ?4. i iAc , 4 4, bna» 1. CHDO(For deobligations only) TSV* _ o =e 2. Non-CHDO(For deobligations only) $ ye417,e.,_, b. CHDO Competitive Reallocation or Deobligation $ .7 1,t, E 8. Revised Obligation $ a. Formula Funds # 1 b. CHDO Competitive Reallocation $ t` .,, ifs w , i 9. Special Conditions(check applicable box) 10. Date of Obligation(Congressional Release Date) ® Not applicable 0 Attached (mm/dd/yyyy): 10/03/2018 11.Indirect Cost Rate* 12.Period of Performance: Administering Agency/Dept. Indirect Cost Rate Direct Cost Base Date in Box#10-09/01/2026 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 1"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 Perform ce. 13.For the U.S.Department of HUD(Name and Title of Authorized Official) 14.Sig f re sift / 15.Date Aaron Gagne HUD Community Planning and Development Director • �� 10/03 /2018 16.For the Participating Jurisdiction/Entity(Name and Title of Authorized Official) 17.Signat 18.Date Christopher A. Nicoll,President,City Council %t /12./ 20 tb 19.Check one: ® Initial Agreement ❑ Amendment# 20.Funding Information: HOME Source of Funds Appropriation Code PAS Code Amount 2018 86 8/1 0205 HMF $800,432.00 2017 86 7/0 0205 HMF $236.00 2016 86 6/9 0205 HMF $672.00 Page 1 form HUD-40093