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HomeMy WebLinkAbout09573ORDINANCE NO. 9573 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONCERNING THE 2019 YEAR HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT, AMENDING ORDINANCE NO. 9477, AMENDING THE CITY OF PUEBLO’S 2019 ANNUAL ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,431,806 WHEREAS, the City of Pueblo is designated as an entitlement city under the Housing and Community Development Act of 1974, and will receive Community Development Block Grant (CDBG) and HOME Investment Partnership Act Grants (HOME) for fiscal year 2019; and WHEREAS, the City of Pueblo conducted a citizen participation process that included one public hearing within the City of Pueblo in addition to a second public hearing before City Council to obtain the views of citizens, non-profit and neighborhood groups on the City’s housing and community needs; NOW THEREFORE, 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-19-DC-08-0205 for the HOME Investment Partnerships Act (HOME) and B-19-MC-08-0007 for the Community Development Block Grant (CDBG), copies of which are attached hereto (collectively the “Grant Agreements”), are approved in all respects and the Mayor is hereby authorized to execute said agreements. 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 CDBG funds shall be budgeted and appropriated to Special Fund No. 250 while HOME funds shall be budgeted and appropriated to Special Fund No. 251 respectively. 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 budgeted and appropriated to Fund No’s. 250 and 251 as applicable. SECTION 4. CDBG funds in the amount of $1,466,435.89, inclusive of $32,095.11 in prior year program income, and HOME funds in the amount of $965,370.11, where the HOME funds include the City’s match share of $120,000.00, prior year program income of $86,095.11, prior year homebuyer recapture of $ 10,000.00, and the Pueblo County share of $85,341.68, create a total 2019 HUD grant of $2,431,806.00 and are hereby budgeted and appropriated for the projects and in the amounts set forth in the Annual Action Plan FY 2019-2020, incorporated herein and attached hereto as Attachment 1. SECTION 5. Ordinance No. 9477 and the Annual Action Plan therein are hereby amended to conform to the Annual Action Plan FY 2019-2020 attached hereto, and the grant funds budgeted and appropriated herein are accepted in lieu of the grant funds applied for under Ordinance No. 9477. 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 to effectuate the attached Grant Agreements and the transactions described in the Annual Action Plan FY 2019-2020. Remainder of this page intentionally left blank. SECTION 7. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 15, 2019. Final adoption of Ordinance by City Council on October 28, 2019 . President of City Council Action by the Mayor: ☒ Approved on November 1, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 15, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Bryan Gallagher, Director, Housing and Citizen Services SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONCERNING THE 2019 YEAR HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT, AMENDING ORDINANCE NO. 9477, AMENDING THE CITY OF PUEBLO’S 2019 ANNUAL ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,431,806 SUMMARY: Attached is an Ordinance for City Council consideration, authorizing the City of Pueblo to accept the 2019 HOME Investment Partnership Act Grant (HOME) and Community Development Block Grant (CDBG), and appropriating and budgeting the funds to undertake the activities submitted to the U.S. Department of Housing and Urban Development (HUD) in the 2019-2020 Annual Action Plan (AAP) approved by City Council through Ordinance No. 9477. PREVIOUS COUNCIL ACTION: City Council approved Ordinance No. 9477 on June 10, 2019, which authorized submission of the 2019-2020 Annual Action Plan (AAP) and the CDBG and HOME FY2019 applications 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 2019-2020 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 2019, HUD authorized $1,434,344.00 in CDBG funds and $749,275 in HOME funds. CDBG funds to be budgeted and appropriated are comprised of the 2019 grant ($1,434,344) along with prior year program income of $ 32,091.89 for a total of $1,466,435.89. HOME funds are received under the Pueblo Consortium. The Consortium funding is split on an 86.6%/13.4% basis with the County, as determined by HUD, and in accordance with the Community Housing Development Organization (CHDO) required set aside. The 2019 HOME grant to be budgeted and appropriated includes: City’s portion of the grant $ 551,541.32 County’s portion of the grant $ 85,341.68 2019 CHDO Set Aside $ 112,392.00 HOME Grant Sub-Total $749,275.00 2019 HOME match by the City $ 120,000.00 Program Income from prior year $ 86,095.11 Homebuyer recapture from prior year $ 10,000.00 Total funds $ 965,370.11 The County portion of the 2019 HOME grant to be budgeted and appropriated under the Consortium Agreement is $85,341.68. The total HOME funds to be budgeted and appropriated are $ 965,370.11. BOARD/COMMISSION RECOMMENDATION: The Citizen’s Advisory Committee recommended that City Council approve the activities outlined in the 2019-2020 Action Plan at its August 21, 2018 meeting. STAKEHOLDER PROCESS: Public Notices were published in the Pueblo Chieftain notifying the community of the approved activities. A public hearing was held in City Council Chambers on August 9, 2018. ALTERNATIVES: City Council can choose to not to accept the CDBG and HOME grants. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: Attachment 1: Description of 2019 Grant Projects Certification of Correctness Funding Approval and HOME Investment Partnerships Agreement - HUD-40093 Funding/Approval Agreement (CDBG) – HUD-7082 city of iv_ colorado 2019 Annual Action Plan Attachment A Community Development Block Grant Program Funds Project No. Description of Project Applicant Funding Amount Public Services CD 1902 Tenant Based Rental Assistance Posada, Inc $5,000 Administration CD 1903 Homeless Supportive Services Program Posada, Inc. $45,000 CD 1904 Homeless Youth Outreach Project Posada, Inc. $35,000 CD1905 Home Stability Program Catholic Charities $20,000 CDI906 Youth Recreation at Boys & Girls Club $83,651 Risley Eastside Center CD1907 SRDA Transportation SRDA $14,500 CD 1908 Muni Court Boot Camp Pueblo Municipal Court $12,000 Public Facilities/Neighborhood Improvements CD 1909 ADA Ramps-Citywide City of Pueblo $400,000 CD 1911 Demolition Program City of Pueblo Public Works $150,000 CD1914 Citizen Requested Sidewalks Duane Sevilla/Don &Jeanne Palumbo $35,966 CDI916 Eiler's Neighborhood Pam Kocman $133,451 Improvement Phase II Housing Activities CD1910 Emergency Housing Rehabilitation Pueblo County Housing and $45,000 for Seniors Human Services CD]912 Owner Occupied Rehab Housing and Citizens Services $75,000 CD1913 Neighborhood revitalization Housing and Citizens Services $75,000 CD1915 Minor Repairs Program Housing and Citizens Services $50,000.89 Program Administration CD 1901 Program Administration Housing and Citizen Services $286,868 Total $1,466,436.89 HOME Partnership Investment Act Program Funds Project No. Description of Project Organization Funding Amount H01910 City Administration City of Pueblo $64,525 HO 1920 Administration $10,402 Pueblo County HO1930 Consortium Share Housing Programs $75,302 Community Housing Development Community Housing Development HO 1940 Organizations (CHDO) Organizations $112,392 HO1950 Housing Programs City of Pueblo $486,654 1101960 City of Pueblo City Match Requirement $120,000 HO I BPI HOME Program Income City of Pueblo 86,095.11 HOI8HP HOME Homebuyer Recaptured Funds City of Pueblo 10,000 Total $965,370.11 EQUAL HOUSING OPPORTUNITY 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 H1-00515R of 20515R 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 Pueblo 846000615 010620284 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin City of Pueblo 03/01/2019 1 City Hall Place Pueblo 5a.Project/Grant No.1 6a.Amount Approved CO 81003 B-19-MC-08-0007 $1,434,344.00 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 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(Contractual Organization) Katy Burke Pueblo(City Of Pueblo) Title Title CPD Director Signature Date(mm/dd/yyyy) Signature D Date(mm/dd/yyyy) � _ L 08/27/2019 /� 7.Category of -144-1%istan :for this Funding Action: 8.Special Conditions 9a.Dat Receive.Submission 10.check one / 1110 (check one) 07/29/2019 ®a.Orig.Fund' g ement,Sec 106(b) 0 None 9b.Date Grantee Notified Approval ®Attached 08/27/2019 0 b.Amendment 9c.Date of Start of Program Year Amendment Number 03/01/2019 11.Amount of Community Development Block Grant FY(2019) FY(2018) FY(2017) a.Funds Reserved for this Grantee $1,433,988.00 $356.00 $ .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 if Department of Housing and Urban Development on the above date with fris � Q cear respect to the above grant number(s)as Grantee designated to receive loan 12c.I tafff AuthorizedJOfficia or`Dtessignate ublic 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. _/0 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 JrJ - 176 Y Project Number Amount Y Project Number Amount LI 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(5/15) 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, 2026. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2026. (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.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General 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 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 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 Act. (1) 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 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). 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 City Of Pueblo M19-DC080205 1 City Hall Place 3a Tax Identification Number 3b. Unique Entity Identifier(formerly DUNS) Pueblo,CO 81003 846000615 010620284 4.Appropriation Number 5. FY(yyyy) 869/20205 2019 6. Previous Obligation (Enter"0"for initial FY allocation) $0 a. Formula Funds $749,275.00 b. Community Housing Development Org. (CHDO)Competitive $ ._ .. ,� . p -, 7. Current Transaction(+or-) $749,275.00 a. Formula Funds $749,275.00 -i:i% 1. CHDO(For deobligations only) $ 1 2. Non CHDO(For deobligations only) $ w _ ' b. CHDO Competitive Reallocation or Deobligation $ r, 8. Revised Obligation $ t # a. Formula Funds $ � �a>r b. CHDO Competitive Reallocation $ `',`f' �s vWW. `,` ? 9. Special Conditions(check applicable box) 10.Date of Obligation(Congressional Release Date) ig Not applicable 0 Attached 08/27/2019 11. Indirect Cost Rate* 12. Period of Performance Administering Agency/Dept. Indirect Cost Rate Direct Cost Base Date in Box#10-09/01/2027 —% ' 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 Performance. 13.For the U.S.Department of HUD(Name and Title of Authorized Official) 14.Signature 15. Date Katy Burke,CPD Director j/d��f� 08/27/2019 16.For the Participating Jurisdiction/Entity(Name and Title of Authorized Official) 17.Signa p��}"`J�_ 18. Date /Vi CailK erfyelQt Srig o // j/a2051 19.Check one: ,IN Initial Agreement 0 Amendment# 20.Funding Information: HOME Source of Funds Appropriation Code PAS Code Amount 2019 86 9/2 0205 HMF(G) $746,399.00 2018 86 8/1 0205 HMF(F) $1,770.00 2017 86 7/0 0205 HMF(C) $1,106.00 Page 1 form HUD-40093