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HomeMy WebLinkAbout08074ORDINANCE NO. 8074 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONCERNING THE YEAR 2009 AMERICAN RECOVERY AND REINVESTMENT ACT COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY, AND BUDGETING AND APPROPRIATING FUNDS THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Agreement between the U S Department of Housing and Urban Development "HUD" and the City of Pueblo, which is identified as Grant Number B- 09 -MY -08 -0007 for the Community Development Block Grant Recovery, copy of which is attached hereto, is hereby approved in all respects. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Grant Agreement 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 Agreement, 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 Agreement, 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 HUD to the City pursuant to and under the Grant Agreement shall be transmitted to the Finance Department of the City and credited to Special Fund No. 240 for the Community Development Block Grant Recovery. INTRODUCED: September 14, 2009 BY: Michael Occhiato COUNCILPERSON r� t. PRESIDENTof City Council A77TSTED DY: CITY CLERK PASSED AND APPROVED: September 28, 2009 4 Background Paper for Ordinance AGENDA ITEM # R -7 DATE: September 14, 2009 DEPARTMENT: HOUSING AND CITIZEN SERVICES / ADA RIVERA CLARK TITLE AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONCERNING THE YEAR 2009 AMERICAN RECOVERY AND REINVESTMENT ACT COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY, AND BUDGETING AND APPROPRIATING FUNDS THEREFORE ISSUE Should the City Council approve a grant from the HUD called Community Development Block Grant Recovery (CDBG -R) to undertake eligible activities under the grant? RECOMMENDATION Approval of the Ordinance. BACKGROUND In February of 2009, President Obama, signed the American Recovery and Reinvestment Act, a component of the Act was the CDBG -R grant. The Recovery Act was enacted to provide immediate stimulus to the economy. The City submitted the required application to HUD in June of 2009. We received a notice of award and the grant contract on August 12, 2009. All funds must be spent by September 30, 2012 or they will be recaptured. A project was submitted with the application that provided for the construction of ADA bathrooms, and the installation of an elevator at City Hall. Staff is proceeding on a timely basis. The architect for the project has been chosen and a contract could be awarded before the end of the year, assuming that we receive environmental and historical clearances from HUD and the State Historic Preservation Office. FINANCIAL IMPACT It is anticipated that this is a one -time grant from HUD. The City will receive $443,659 to provide the specified activities under the grant. 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 H100515R of 20515R 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 1 (mmlddtyyyy) 06/03/2009 2631 East 4" Street Pueblo, CO 81001 Du Al #0106aDaRy in item 5 of Standard Form B- 09 -MY -08 -0007 5c. $443 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 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seci The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be emended 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 1 and published in 24 CFR Part 58, The Grantee further acknowledges its responsibility for adherence to the Agreement by anh-ramment entities to which it makes fundlne assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name Leroy P. Brown city of Pueblo, Colorado Tide Title Director, Community Planning and Development Vera Ortegon, President of City Council Signature Date mld yyy) Signat Date (mmlddlyyyy) V�LOnvr� 09/28/2009 egory of T' Assistance for this Funding Acton (check only r) ® 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) 8. ' pec idons (check one) ❑ None ® Attached 9a. Date HUD Received Submission (mmldd /yyyy) 06/03/2009 . check one ®a. Orig. Funding Approval ❑ b. Amendment Amendment Number 9b. DaanntN¢tifgl (m f1 9 D Jl90r 9c. Date of Start of Program Year (mmlddlyyyy) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) 11. Amount of Community Development ❑ L Special Purpose Grunts, Sec 107 Block Grant FY (2009) FY( ) FY ( ) ❑ g. Loan Guarantee, Sec 108 a. Funds Reserved forthis Grantee b. Funds now being Approved $443,659 c. Reservation to be Cancelled I f la 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 numbers) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Aereement, 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 (mndddlyyyy) EM 176 10 000ID DDD Y Project Number Amount U I 17 U Y Pro el ct Number_ Amoun�l SPECIAL CONDITIONS TO THE GRANT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG -R) FUNDS AUTHORIZED AND APPROPRIATED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (PUBLIC LAW 111 -5, FEBRUARY 17, 2009) CDBG -R GRANTEE: city of Pueblo, Colorado CDBG -R GRANT NUMBER: B- 09 -MY -08 -0007 CDBG -R GRANT AMOUNT: $443,659 CDBG -R APPROVAL DATE: July 17, 2009 Special Conditions The terms of the Grant Agreement include the following special conditions: 1. The Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and the above named Grantee, is made pursuant to the authority of Title XII of the American Recovery and Reinvestment Act of 2009 (Public Law 111 -5) (the Recovery Act). The Grantee acknowledges that the CDBG -R grant is one -time funding. 2. The Grant Agreement is governed by and the Grantee shall comply with the requirements of the Recovery Act; the Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009, 74 Fed. Reg. 21816 (May 11, 2009) available at ht :H/ Nww.hud.gov /recovery /cdblock.cfm (as now in effect and as may be amended from time to time) (the Notice); Title I of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (as modified by the Notice); and, the HUD regulations at 24 CFR part 570 (as now in effect and as may be amended from time to time) as modified by the Notice (the Regulations). The Grantee's submissions, the Notice, the Funding Approval /Agreement (form HUD -7082) and the special conditions described herein are incorporated by reference and constitute part of the Grant Agreement. Submissions include the CDBG -R action plan substantial amendment, including the certifications and assurances and any information or documentation required to meet any grant award conditions. In the event of conflict between a provision of the Grantee's submissions and any other provision of this Grant Agreement document, the latter shall control. 3. The Grantee shall comply with governmentwide guidance and standard award terms established by the Office of Management and Budget (OMB) concerning the implementation of the Recovery Act, including Requirements for Implementing Sections 1512, 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards, 74 Fed. Reg. 18449 (April 23, 2009) (to be codified at 2 CFR Part 176) (as now in effect and as may be amended from time to time). Notwithstanding the foregoing, the CDBG -R Special Grant Conditions Page I of 2 Grantee shall comply with Section 110 of the CDBG Statute concerning the Davis -Bacon Act. The Grantee shall comply with reporting requirements established by HUD and OMB (including all revisions to such reporting requirements), as well as Sections 1511, 1515, and 1553 of the Recovery Act (including implementing guidance). 4. The Grantee shall at all times maintain an up -to -date copy of its Grantee Submission, including all amendments approved by HUD, on its Internet website as required by the Notice. The Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant funds and program income under this Grant Agreement and any other records required by applicable law, in its files, and shall make such information available for audit or inspection by duly authorized representatives of HUD, HUD's Office of the Inspector General, the Recovery Act Transparency Board, or the Comptroller General of the United States. 5. In addition to other lawful remedies, HUD reserves the right to restrict access to grantees' CDBG -R funds for delinquent, incomplete, or inaccurate reporting. This includes the right to suspend access to the Integrated Disbursement and Information System (IDIS) should the Grantee fail to comply with quarterly CDBG -R reporting requirements. 6. The Grantee may take advantage of the pre -award costs provisions at 24 CFR 570.200(h) to incur pre -award costs associated with the development of the substantial amendment to the action plan beginning May 5, 2009. The Grantee may also incur costs prior to the grant award for specific activities as of the date the CDBG -R action plan substantial amendment was submitted to HUD. 7. The Grantee is advised that providing false, fictitious or misleading information with respect to CDBG -R funds may result in criminal, civil or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute. The Grantee shall promptly refer to HUD's Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, sub - grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG -R funds. 8. In any contract involving the use of CDBG -R funds, the Grantee shall include, and require its subrecipients and contractors to include, a project sign provision consistent with criteria established by the Secretary. 9. The Grantee shall have until September 30, 2012, to expend the entire CDBG -R Grant Amount. CDBG -R funds not expended by September 30, 2012, will be recaptured by HUD. 10. The Grantee shall extend all applicable terms and conditions of this grant award to subrecipients and contractors, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). 11. The Grant Agreement may be amended in writing by HUD. In considering proposed amendments to this Grant Agreement, HUD shall review, among other things, whether the amendment is otherwise consistent with the Recovery Act, the Housing and Community Development Act, the Notice and the Regulations. CDBG -R Special Grant Conditions Page 2 of 2