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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