HomeMy WebLinkAbout07605ORDINANCE NO. 7605
AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, RELATING TO THE REDEVELOPMENT OF RECREATION AND PARK
FACILITIES AT LAKE MINNEQUA AND THE HISTORIC ARKANSAS RIVERWALK GATEWAY
PARK AND BUDGETING AND APPROPRIATING AN INCREASE OF $118,800 TO HARP
PHASE III A -1, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE
SAME
WHEREAS, the City of Pueblo approved the submittal of a $237,600 special projects
grant application to the U.S. Department of Housing and Urban Development (HUD) for the
Pueblo, Colorado Redevelopment of Recreation and Park Facilities at Lake Minnequa and the
Historic Arkansas Riverwalk Gateway Park, Resolution No. 10902; and
WHEREAS, the City of Pueblo has received approval for the funds from HUD, subject to
the execution of an agreement.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
The HUD Special Projects Grant Agreement between the City of Pueblo, a Municipal
Corporation, and the U.S. Department of Housing and Urban Development for the
redevelopment of recreation and park facilities at Lake Minnequa and the Historic Arkansas
Riverwalk Gateway Park, a copy of which is attached hereto having been approved as to form
by the City Attorney, is hereby approved.
SECTION 2
Capital Improvement Project No. PWHP07, HARP Phase IIIA -1, is hereby budgeted and
appropriated an increase of $118,800 to the project budget.
SECTION 3.
The President of the City Council is hereby authorized to execute and deliver the
agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the seal of the City thereto and attest same.
INTRODUCED June 11, 2007
BY Randy Thurston
Councilperson
APPROVED: a u & " e -
r*?r7Q1r-11#K1Tf%fe'i+
y Council
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: June 25
2007
0Rge- - 7 6as
0/ ; 7
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 40 ' Pa 7
DATE: JUNE11, 2007
DEPARTMENT: COMMUNITY DEVELOPMENT /JERRY M. PACHECO
PLANNING DEPARTMENT/ JERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE U3. DEPARTMENT
HOUSING AND URBAN DEVELOPMENT, RELATING TO THE REDEVELOPMENT
OF RECREATION AND PARK FACILITIES AT LAKE MINNEQUA .AND THE
HISTORIC - ARKANSAS RIVERWALK GATEWAY PARK AND BUDGETING AND
APPROPRIATING AN INCREASE OF $1.18,800 TO HARP PHASE III A -1, - AND
AOTHOR12ING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME
ISSUE
Shall the City Council approve grant agreement in the amount of $237,600 between City
of Pueblo and the U.S. Department of Housing and Urban Development (HUD) for the
Pueblo, Colorado Redevelopment of Recreation and Park Facilities at Lake Minnequa
and the Historic Arkansas Riverwalk Gateway Park?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
The City of Pueblo and the Historic Arkansas'Riverwalk (HARP) Foundation submitted
requests . for Congressional earmarked funding for recreation and park facility
improvements at Lake Minnequa and the Historic Arkansas Riverwalk Gateway Park for
FY 2006 funding through the HUD's Economic Development Initiative (EDI) program
funds. In November, 2005 federal appropriation legislation was signed into .law that
provides $237,600 of funds to the City of Pueblo from the HUD EDI program for
redevelopment of recreation and park facilities. Prior to the City receiving a grant
contract to secure the funding, a final grant,application was submitted on December 26, .
2006. The grant agreement includes use of.the EDI funds to assist with the construction
of two lighted outdoor basketball courts and a park pavilion at Minnequa Lake, as well
as park improvements at the HARP Gateway Park.
FINANCIAL IMPACT
The HUD EDI funding will provide $118,800 in funding.for the Lake Minnequa project.
The City Council has budgeted and appropriated $4,650,000 to reflect grant funds,
Stormwater Improvement Funds, and general fund reserves that are intended to be
reimbursed as the City secures the grant funds for the: Lake Minnequa project.
The remaining $118,800 of HUD grant'funds will be used by HARP for improvements at
Gateway Park. This ordinance will .appropriate. and budget an increase to the Capital
Project No. PWHP07; HARP Phase IIIA -1 "Gateway Park" project.
The funding sources, including the anticipated funding to reimburse general fund
reserves and the estimated budget for the Minnequa Lake project including the
acquisition of the property and the first phase improvements of the project are listed
below: .
SOURCES OF FUNDS
STATUS
TOTAL
CASH
GOCO Funds
Secured
2,300,000
Lower Ark. Water Conserv.
Committed November -04 - A reement being Negotiated
500,000
Fishinq Is Fun
HU f ds
Applied for 2/06, Notification in Au w. 2006
1; W . m 0f6e e, C ntr_gct P�,nd
$100K in FY2007 Pendin6 Earmarking Commitment
.100,000
160,000
City Stormwater Funds
$425K $175,000 in'06, $150,000 in'07 & $100,000 in'08
425,600
City CTF Funds
$300K in 2008
300
Section 319(H) Funds
Awarded - Contract Pending
135,000
State of Colorado EIAF
Secured.
650,000
General Funds
1,200
IN -KIND
CO Division of Wildlife
Fish Stocking - Committed August-04
10,000
Arkansas Valle Audubon
Bird Nests and Bird Habitat - Committed Au �ust -04
101000
a. Non- native Plant Removal
100,000
25
Total Sources of Funds
4,650,000
USES OF FUNDS
GOCO
City
Match
Cash
Partner
Match
In -Kind
Partner
Match
Total
1. Property Acquisition
700,000
500,000
1,200,000
2. Design & Engineering
25,000...
75;000
100,000
3. Lake Habitat Enhancement
a. Non- native Plant Removal
100,000
25
25,000
150,000
b. Stockin Fish
10,000
10,000
c. Dredging Lake
100,000
100,000
200,000
d. Wetland Enhancement
560,000
400,000
255,000.
10,000
1165,000
e. Shoreline and Lake
Features
270,000
75,0001
100,000
445,000
4. Park Improvements
a. Parkin /Access
c. Trails
150,000
280,000
50 000
20,000
250,000
450,000
300,000
Total Uses of Funds
l_ 2,300,000
725,000
1,605,0001
20,0001
4,650,000
a
FY 2006 EDI- SPECIAL PROJECT NO. B- 06 -SP -CO -0154
GRANT AGREEMENT
This Grant Agreement between the Department of Housing and Urban
Development (HUD) and City of Pueblo (the Grantee) is made pursuant to the authority
of Public Law 109 -115 (Department of Housing and Urban Development Appropriation
Act of 2006) and a listing of certain specific Econornic Development Initiative Special
Projects specified in the Congressional Record of November 18, 2005. The amount
shown below is 99.00% of the amount specified in the Congressional Record of
November 18, 2005, because of a 1.00% rescission mandated in the Act. The Grantee's
application package, as may be amended by the provisions of this Grant Agreement, is
hereby incorporated into this Agreement.
In reliance upon and in consideration of the mutual representations and obligations
hereunder, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in
the amount of $237,600 available to the Grantee.
The Grantee agrees to abide by the following:
ARTICLE I. HUD Requirements.
The Grantee agrees to comply with the following requirements for which HUD
has enforcement responsibility.
A. The grant funds will only be used for activities described in the application, which is
incorporated by reference and made part of this Agreement as may be modified by
Article VII (A) of this Grant Agreement.
B. EQUAL OPPORTUNITY REQUIREMENTS
The grant funds must be made available in accordance with the following:
1. For projects involving housing, the requirements of the Fair Housing Act (42
U.S.C. 3601 -20) and implementing regulations at 24 CFR Part 100; Executive
Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24
CFR Part 107.
2. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing
regulations issued at 24 CFR Part 1.
The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101 -07) and implementing regulations at
24 CFR Part 146, and the prohibitions against discrimination against handicapped
individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations at 24 CFR Part 8`.'
4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the
requirements of Executive Order 11246 (Equal Employment Opportunity) and the
implementing regulations issued at 41 CFR Chapter 60.
5. For those grants funding construction covered by 24 CFR 135, the requirements
of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.C.
1701u) which requires that economic opportunities generated by certain HUD
financial assistance shall, to the greatest extent feasible, be given to low- and very
low- income persons and to businesses that provide economic opportunities for
these persons.
6. The requirements of Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise), and 12138 concerning Women's Business Enterprise).
Consistent with HUD's responsibilities under these Orders, the Grantee must
make efforts to encourage the use of minority and women's business enterprises
in connection with grant funded activities. See 24 CFR Part 85.36(e), which
describes actions to be taken by the Grantee to assure that minority business
enterprises and women business enterprises are used when possible in the
procurement of property and services.
7. Where applicable, Grantee shall maintain records of its efforts to comply with the
requirements cited in Paragraphs 5 and 6 above.
C. ENVIRONMENTAL REVIEW REQUIREMENTS.
1. If the Grantee is a unit of general local government' a State, all Indian Tribe, or an
Alaskan Native Village, the Grantee agrees to assume all of the responsibilities
for environmental review and decision- making and actions, as specified and
required in regulations issued by the Secretary pursuant to the Multifamily
Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part
58.
2. If the Grantee is a housing authority, redevelopment agency, academic institution,
hospital, or other non- profit organization, the Grantee shall request the unit of
general local government; Indian Tribe, or Alaskan Native Village, within
which the project is located and which exercises land use responsibility, to
assume all of the responsibilities for environmental review and decision - making
as specified in paragraph C.1 above, and the Grantee shall carry out all of the
responsibilities of a recipient trader 24 CFR Part 58.
D. Administrative requirements of OMB Circular A -133 "Audits of States, Local
governments and Non -Profit Organizations."
E. For State and Local Governments, the Administrative requirements of 24 CFR Part
85, including the ;procurement requirements of 24 CFR Part 85.36, and the
requirements of OMB Circular A -87 regarding Cost Principles for State and Local
Governments. For Non-Profits,, the Administrative requirements of 24 CFR Part 84,
including the procurement requirements of 24 CFR Part 84.40, and OMB Circular A-
122 regarding Cost Principles for Non -Profit Institutions., For Institutions of Higher
Education the applicable OMB Circular regarding Cost Principles is A -21.
F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that
the Grantee obtain certifications and disclosures from all covered persons.
G. The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Workplace.
H. The Uniform Relocation Act as implemented by regulations at 49.CFR Part 24.
I. The Grantee will comply with all accessibility requirements under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR
Part 8, where applicable.
The regulations at 24 CFR Part'35, where applicable, regarding Lead -Based Paint
Poisoning Prevention in Certain Residential Structures.
ARTICLE II. Conditions Precedent to Draw Down.
The Grantee may not draw down grant funds until the following actions have taken place:
A. The Grantee has received and approved any certifications and disclosures required by
24 CFR 87.100 concerning lobbying.
B. Any other conditions listed in Article VII (C) of this Grant Agreement.
ARTICLE III. Draw Downs.
A. A request by the Grantee to draw down grant funds under the Voice Response Access
system or any other payment system constitutes a representation by the Grantee that it
and all participating parties are complying with the terms of this Grant Agreement.
B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the
time elapsing between transfer of the grant finds and disbursement for project
purposes and otherwise follows the requirements of 24 CFR Part .85 or Part 84 and
Treasury Circular 1075 (31 CFR Part 205).
r
C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which
are exempt from environmental review under 24 CFR Part 58 and may charge the
costs to the grant.
ARTICLE W. Progress Reports.
A. 'The Grantee shall submit to the Grant Officer a progress report every six months after
the effective date of the Grant. Agreement. Progress reports shall consist of (1) a
narrative of work accomplished during the reporting period and (2) a completed
Financial Status Report - Form 269 A.
HUD may require additional information or increased frequency of reporting as
described in Article VII ( C ).
B. The performance reports must contain the information required under 24 CFR Part
85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a comparison of actual
accomplishment to the objectives indicated in the approved application, the reasons
for slippage if established objectives were not met, and additional pertinent
information including explanation of significant cost overruns.
C. No grant drawdowns will be approved for projects with overdue progress reports.
ARTICLE V. Project Close -out.
A. The grantee shall submit to the Grant Officer a written request to close -out the grant
30 days after the grantee has drawn down all funds and completed the activities
described in the application, as may be amended. The final report shall consist of (1)
a narrative of all work accomplished during the project period and (2) a completed
Financial Status Report Form 269 A covering the entire project period:
HUD will then send the Close -out Agreement and Close -out Certification to the
Grantee. At HUD's option, the Grantee may delay initiation of project close -out until
the resolution of any HUD monitoring findings. If HUD exercises this option the
Grantee must promptly resolve the findings.
B. The Grantee recognizes that the close -out process may entail a review by,HUD to
determine compliance with the Grant Agreement by the Grantee and all participating
parties. The Grantee agrees to cooperate with any review in any way possible,
including making available records requested by HUD and the project for on -site
HUD inspection.
C. The Grantee shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Close -out Agreement.
3. A final financial report giving the amount and types of project costs charged
to. the grant (that meet the "allowability and allocability requirements of OMB
Circular A -122, A -87 or A -21 as applicable, including the "necessary and
reasonable" standard); a ".certification of the costs; and the' amounts and
sources of other project funds:
4. A final performance report providing a comparison of actual accomplishments
with each of the project commitments and objectives in the approved
application, the reasons for slippage if established objectives were not met and
additional pertinent information including explanation of " significant cost
overruns.
D. The Grantee agrees that the grant funds are allowable "only to the extent that the
project costs, meeting the standard of OMB Circular' A -122; A -87 or A -21 as
applicable, equal the grant amount plus other sources of project funds provided.
E. when HUD has determined that the grant funds are allowable, the activities were
completed as described by -the' Grant Agreement, and all Federal requirements were
satisfied, HUD and the Grantee will sign the Close -out Agreement and Close -out
Certificate.
F. The Close -out Agreement will include the Grantee's Agreement to abide by any
continuing federal requirements. -
ARTICLE VI. Default.
A default under this Grant Agreement shall' consist of using grant funds for a
purpose other than as authorized by this.Agreement;'any noncompliance with legislative,
regulatory, or other requirements applicable to the Agreement,, any other material breach
of this Agreement, or any material misrepresentation in the application submissions.
ARTICLE VII. Additional Provisions,
A. Project Description. The project is'as described'in theapplication with the following
changes:
None
B. Changes or Clarification to the Application Related to Participating Parties:
The Administrative Agent if any:
C. Special Conditions:
The 2006 HUD Appropriations Act provides that no funds made available
under the Act maybe 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 purposes of this provision, public use shall not be
construed to include economic development that primarily benefits private
entitites. -
_ 4
{
U. S. Department of Housing
and Urban Development
City of Pueblo
Judy P. Weaver
— A rized Signature . thoriz d Signature
Otto V. Banks
Deputy Assistant Secretary
for Economic Development
ots o
Date
President of City Council
Title
June 25, 2007
Date
Assistance Award /Amendment
1, Assistance Instrument
Cooperative Agreement
3. Instrument Number
B- 06 -SP -CO -0154
7. Name and Address of Recipient
City of Pueblo
One City Hall Place'
Pueblo, CO 81003 .
EIN: 84- 6000615
10. Recipient. Project Manager
Michael A. Occhiato
8a. Name of Administrator 8b. Telephone Number
9. HUD Government Technical Representative
Angela Dyer 202 - 708 -3773, Extension: 7111
11. Assistance Arrangement 12, Payment Method 13. HUD Payment Office
Cost Reimbursement Treasury Check Reimbursement ' Chief Financial Officier
Cost Sharing Advance Check
X Fixed Price X Automated Clearinghouse
14. Assistance Amount
Previous HUD Amount
HUD Amount this Action -
$237,600.00 i
Total HUD Amount -
$237,600.00
Recipient Amount
Total Instrument Amount
$237,600.00
15. HUD Accounting and Apropriation Data
15a. Appropriation Number
15b, Reservation Number
ED 06
Amount Pre viously Obligated
Obligation by this Action —� $2 37,600.00
Total Obligation - $23
16. Description
by the City of Pueblo, Colorado for redevelopment of recreation and park facilities
This Award consists of the following items which are appended to and hereby made part of this Award:
(A) Cover Page -HUD 1044
(B) Grant Agreement
Special Conditions:
Please contact David Rigirozzi - HUD Area Environmental Officer at 303 - 672 -5016,
David_W._Rigirozzi @hud.gov concerning environmental review. NO FUNDS may be committed to the
project or drawn down prior to environmental release of funds approval.
17, i 18 . i Recipient is not required to sign this document.
X; Recipient is required to sign and return three (3) copies of P q 9
- -= this document to the HUD Administering Office. --
19. Recipient (By Name): 20. HUD (By Name):
Judy P. W er Otto V. Banks
Signature &Title: Signature and Title: Date:
ode iiI,-
Council President DAS for E evelopment
Previous Editions are Obsolete �–�' 0 form HUD -1044 (6/90)
Ref. Handbook 2210.17
U.S. Department of Housing
and Urban Development
Office of Administration
- 2. Type of Action
X - Grant IX! Award
4. Amendment Number . 5. Effective Date of this Action
Amendment
6. Control Number
B. HUD Administering Office
CPD, EDI Special Project Division
451 7th Street, SW, Rm 7146
Washington, DC 20410 -7000