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