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HomeMy WebLinkAbout07607ORDINANCE NO. 7607 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 (HUD) CONCERNING THE YEAR 2007 HOME PROGRAM AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AMENDING ORDINANCE NUMBER 7555, AMENDING THE CITY OF PUEBLO ONE -YEAR ACTION PLAN TO CONFORM THEREWITH 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- 07- DC -08- 0205 for the HOME Program and B- 07 -MC -08 -0007 for CDBG, copies of which are attached hereto, are hereby approved in all respects. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Grant Agreements in the name of the City and the City Clerk is hereby authorized and directed to affix the official seal of the City of Pueblo and attest same. SECTION 3_ The City Manager, or his duly authorized representatives, and other officials of the City are hereby authorized and directed to do all things required to be done in order to obtain payments under the Grant Agreements, including, but not limited to, making required certifications, submitting requests for payment, contracting with persons and organizations in order to carry out the provisions of the Grant Agreements, filing reports and keeping records relating to fiscal, performance and evaluation matters, and submitting other materials, as required to HUD. SECTION 4. The payments made by the HUD to Agreements shall be transmitted to the Finance Fund Nos. 250 for Community Development Partnerships funds. the City pursuant to and under the Grant Department of the City and credited to Special Block Grant and 251 for HOME Investment SECTION 5. Monies received as program income including principal and interest loan repayments, or other sources of private receipts by the fund accounts listed in Section 4 of this Ordinance, shall be transmitted to the Finance Department of the City and credited to Fund Nos. 250 and 251. SECTION 6 Ordinance number 7555 adopting the City of Pueblo's One Year Action Plan for the fiscal year 2007 -2008 is amended by increasing CDBG funding by $174,945, from $1,519,254 to $1,694,199 and HOME funding by $50,159, from $822,776, to $872,935, increasing the funding to a previously approved project CD0714 - Mitchell Park Playground Equipment by $7,114 and approving the following new projects: CD0721 -BAND Sidewalk Replacements , $43,200, and CD0799- Contingency Account, $124,631. (See Attachment 1). INTRODUCED June 11, 2007 BY Randy Thurston Councilperson APPROVED: a F#kESIDEINTof City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: June 25, 2007 - 7 �/,:2 � Background Paper for Ordinance AGENDA ITEM # DATE: June 11, 2007 DEPARTMENT: HOUSING AND CITIZEN SERVICES / ADA RIVERA CLARK TITLE 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 (HUD) CONCERNING THE YEAR 2007 HOME PROGRAM AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AMENDING ORDINANCE NUMBER 7555, AMENDING THE CITY OF PUEBLO ONE -YEAR ACTION PLAN TO CONFORM THEREWITH ISSUE The City Council on November 27, 2006 approved Ordinance number 7555 which authorized submission of the CDBG and HOME FY 2007 application to the U.S. Department of Housing and Urban Development (HUD). HUD approved the application and the City must now execute the attached grant agreements. However, grant funding was increased and the budgets must be adjusted accordingly. RECOMMENDATION Approve the ordinance, thereby, allowing City to implement the city of Pueblo FY 2007 CDBG and HOME projects. BACKGROUND The City of Pueblo submitted an application to HUD for CDBG and HOME funds for the year 2007 on January 12, 2007. HUD has approved our application. The City must now enter into grant agreements in order to receive the funds. Each year the Department estimates the amount of funds to be received based on the prior year grant. The CAC votes for additional projects to be funded in the event the City receives increases in the grant. The following projects are hereby being recommended for funding or for increased funding; CD0714 Mitchell Park Playground Equipment funding to be increased from $57,886, to the originally requested $65,000. Two new projects to be funded are: CD0721 -BAND Sidewalk Replacement in the amount of $43,200 and CD0799 - Contingency Account for $124,631. (See Attachment No. 1 for table format). A public notice was published in the Pueblo Chieftain on May 26, 2007, which commenced the 30- day comment period, as required by HUD. Comments received will be presented at the public hearing on June 25` FINANCIAL IMPACT The grant funding to the City was higher than the estimated amounts under both programs. The HOME grant was increased by $50,159 for a grant amount of $872,935. This amount includes a $13,163 set -aside for the American Dream Downpayment Initiative. The funding provided for activities under the HOME grant are provided as a percentage of the grant amount, therefore, many activities will receive increased funding based on the new amount. Activities or programs affected are as follow: Community Housing Development Organization ($128,966); Pueblo County ($128,965); Administration ($85,977 - City & County). The Community Development Block Grant was increased by $174,945, for a new grant amount of $1,694,199. The additional funds will be used to fully fund two projects previously recommended for funding by the Citizen's Advisory Committee in the event that additional funding should be received and to fund a contingency account. � ) < � \ ( / � CD � ) k )\ \ k )7 $ i � Q 2 / $ 0 a 3 £ 0 ƒ uo �] z § ) $ /\ § \ ) !- \ _ ±I Cf) & \a (± K f \ as ±a L » § k \ ƒ � $ E k 7 . ( C/) ) E ) § / j ) \ / � ) < Funding Approval /Agreement Title I of the Housing and Community Development Act (Public Law 930383) U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3. Grantee's 9 -digit Tax ID Number 4. Date use of funds may begin City of Pueblo, Colorado 84- 6000615 ( mmlddlyyyy) 03/01/2007 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. ProjecVGrant No. 1 6a. Amount Approved 2631 East 4 "Street B- 07 -MC -08-0007 $1,694,199 Pueblo. CO 81001 - Sb. Project/Grant No. 2 6b. Amount Approved Grant kgreemen l: I Ills Grant Agreement bchveen the Department of Housing and Urban Development (HUD) and the above named Grantee Is made pursuant In 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 he 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 1114(8) of °Title I and published in 24 CUR Dart 58. The Grantee further acknowledges its responsibility fir 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 {r,_Guadalupe M. Herrera City of Pueblo, CO Title Title Batch D' ectcr, Community Planning and Development J udy Weav ouncil President Sig 6 Date (mmlddlyyyy) MAY fl natu FM E E E m= late (mmlddly)yy) G /15 /07 7. Category of Title I Amistanckfor this Funding Action B. Sobdal Condition a. Dale 6VJD Received Submission 10. check one (check only one) ® a. Entitlement, Sec 106(b) ❑ b. State - Administered, Sec 106(d)(1) ❑ c. HUD - Administered Small Cities, Sec 106(d)(2)(B) ❑ d. Indian CDBG Programs, Sec 106(a)(1) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sec 107 F g. Loan Guarantee, Sec 108 (check one) ❑ None Attached (mmlddlyyyy) I 1/2007 . ®aAp Approval PP ro ❑ b, Amendment Amendment Number No / 9b. Date G; wNo¢fi 4 (mmldd U 9c. Date of Start of Program Year (mrrdddl ) 03/0 1 /2007 yyyy 11. Amount of Community Development Block Grant FY (2007) FY( ) FY ( ) a. Funds Reserved for this Grantee b. Funds now being Approved - $1,694,199 c. Reservation to be Cancelled 1la minus 111 12a. Amount of Loan Guarantee Commitment now being Approved 12b, Name and complete Address of Public Agency N/A N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive Ivan guarantee assistance, and agrees to comply with the terms and conditions of the agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the 12c. Name of Authorized Official for Designated Public Agency N/A Title assistance provided it N/A Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) F EM M17 6 FM E E E m= = E a Project Number Amount be U Pro em r Amount 13. (b) Special conditions: E. O. 12372 - SPECIAL CONTRACT CONDITIONS 1. Notwithstanding any provision of the Grant 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 the Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 C.F.R. Part 52. The recipient shall also complete the review procedures required under E.O. 12372 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. Funding Approval and HOME U.S. Department of Housing and Urban Development Investment Partnerships Agreement Office of Gommunity Planning Title ll of the National Affordable Housing Act and Development OMB Approval No. 2506 -0171 (Exp. 03/31/2005) Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston - Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project - specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 1. Participant Name and Address 2 2. Participant Number City of Pueblo, Colorado M M- 07 -DC -08 -0205 3. Tax Identification Number 2631 East 4 °i Street - 3 84- 6000615 4. Appropriation Number Pueblo, CO 81001 4 see #18 below 5. FY (yyyy). _ 5 2007 6. Previous Obligation (Enter "0° for initial FY allocation) $ $ a. Formula Funds $ $ - -° " i ' I 1 i #, 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 at 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 / Entty'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. 11. For the U.S. Department of HUD (Name and Title of Authorized Official) 1 ignature 13. Dale r Guadalupe M. Herrera, Director, CPD a. For the Participating Jurisdiction /Entity (Name and Title of Authorized Official) ignature 16. Da e Judy Weaver, Council President b l2Sl 20D'� 17. Check one 18. Funding Information ® Initial Agreement Source of Funds Appropriation Code PAS Code Amount FY2007 HOME 86 7/9 0205 HMC $859,772 FY2007 ADDI 86 7/9 0265 HMC $13,163 ❑ Amendment# CHDO Competitive Reallocation Source of Funds Appropriation Code PAS Code Amount Page 1 of 1 form HUD -40093 (04/2004)