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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