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HomeMy WebLinkAbout08075ORDINANCE NO. 8075 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 2009 HOME PROGRAM AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS AND AMENDING ORDINANCE NO. 7934, AND THE CITY OF PUEBLO'S 2009 ONE -YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS THEREFORE 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- 09 -DC -08 -0205 for the HOME Program and B- 09 -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. %F.CTT(11\T'1 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. v ,%FCTTn1\T 4 The payments made by the HUD to the City pursuant to and under the Grant Agreements shall be transmitted to the Finance Department of the City and credited to Special Fund Nos. 250 for Community Development Block Grant and 251 for HOME Investment Partnerships funds. 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 7934 adopting the City of Pueblo's One Year Action Plan for the fiscal year 2009 -2010 is amended by increasing CDBG funding by $68,074, from $1,600,000 to $1,668,074 and HOME funding by $75,858, from $850,000, to $925,858, funding to new projects CD0930 - BHS -ADA Entrance- Main Office Building in the amount of $43,883 and CD0931 - BHS Window Restoration Main Office Building in the amount of $24,191. INTRODUCED: September 14, 2009 Michael Occhiato COUNCILPERSON A77TSTDD SY: CITY CLERK APPR D' 40, �. PRESIDENTof City Council PASSED AND APPROVED: September 28, 2009 4 Background Paper for Ordinance AGENDA ITEM # R -8 DATE: September 14, 2009 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 2009 HOME PROGRAM AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS AND AMENDING ORDINANCE NO. 7934, AND THE CITY OF PUEBLO'S 2009 ONE -YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS THEREFORE ISSUE Should the City Council approve grant agreements accepting CDBG and HOME funds from the U.S. Department of Housing and Urban Development (HUD)? RECOMMENDATION Approval of the Ordinance. BACKGROUND The City of Pueblo submitted an application to HUD for CDBG and HOME funds for the year 2009 in January of 2009. 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's grant. The Citizens Advisory Committee (CAC) votes for additional projects to be funded in the event the City receives increases in the grant. HUD authorized $1,668,074, in CDBG funding. A $68,074 increase from the estimated amount. The following projects are recommended for funding, CD0930- BHS -ADA Entrance- Main Office Bldg and CD0931- BHS Window Restoration Main Office Bldg. A public notice was published in the Pueblo Chieftain on August 1, which commenced the 30 -day comment period, as required by HUD for the allocation of funds to the new projects. No comments were received on the proposed new projects. The City also received an increase in the HOME grant of $75,858. These funds will be made available for the new construction or rehabilitation of affordable housing. FINANCIAL IMPACT The City will receive an increase in both of its HUD federal grants, which will allow an increase in the number of projects that can be awarded funding. The HOME grant increase is $75,858 and the CDBG increase is $68,074, for a combined increase of $143,932. Funding Approval /Agreement Title I of the Housing and Community Development Act (Public Law 930383) 1: Name of Grantee (as shown in item 5 of Standard Form 424) city of Pueblo, Colorado 3rantee's Complete Address (as shown in item 5 of Standard 2631 East 4" Street Pueblo, CO 81001 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 84- 6000615 5a. ProjectlGmnt No. 1 B- 09 -MC -08 -0007 5b. Proiect/Grant No. 2 $1 use of funs may begin yyyy) 03/01/2009 5c. Project/Grant 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 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 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 I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by suh- recipient entities to which it makes fundine assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name Leroy P. Brown city of Pueblo, CO Title Title Director, Comm an ' g and Development Ms. Vera Ortegon, Council President Signa Date ( / y) 4 Si r Date (mmlddlyyyy) 6 � �� GtiG 09/28/2009 7. Ca ory of This I Assistance for this Funding Action (check only one) ® a. Entitlement Sec 106(b) ❑ b, State - Administered, Sec ID6(d)(1) 8. Special Conditions (check one) ❑ None ® Attached 9a. Date HUD Received Subm' ion (mmlddlyyyy) 01 /14/2009 10. check one ® a. Ong. Funding Approval ❑ b, Amendment 96. Date Gr� (mm /dd PY➢1� 't ed q h - 4 2009 ❑ c. HUD - Administered Small Cities, Sec 106(d)(2)(B) ❑ e Indian CDBG Programs, Sec 106(a)(1) ❑ e. Surplus Urban Renewal Funds, Sec 112(b) ❑ f. Special Purpose Grants, Sec 107 ❑ g. Loan Guarantee, Sec 108 Amendment Number 9c. Date of Start of Program Year (mmlddlyyyy) 03/01/2009 11. Amount of Community Development Block Grant FY (2009) FY( ) FY( ) a. Funds Reserved for this Grantee b. Funds now being Approved $1,668,074 c. Reservation to be Cancelled 11a minus 11b 12a. Amount of Loan Guarantee Commitment now being Approved 121d. 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 loan 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) FM 1 76 � 0 E E m FM Y Project Number Amount I Pro'ec I_ t Number Amo Date Entered LOCCS (mmlddlyyyy) I Batch Number Transaction Code Entered By 13. (bl 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 Community Planning Title Il of the National Affordable Housing Act and Development OMB Approval No. 2506 -0171 (Exp. 03/3112005) 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 conductor 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. Participant Number city of Pueblo, Colorado M- 09 -DC -08 -0205 3. Tax Identification Number 2631 East 4 Street 84- 6000615 4. Appropriation Number Pueblo, CO 81001 see #I8 below 5. FY (yyyy) 2009 6. Previous Obligation (Enter "0" for initial FY allocation) $ a. Formula Funds b. Community Housing Development Org. (CHDO) Competitive $ ,� ' �. 6_ r < °iii'• :'. 7. Current Transaction ( +or -) $925,858 a. Formula Funds $ 925,858 +1 il ' - ' /iii .,,i l 1. CHDO (For deobligations only) $ ''11 „ j� " " *, {' jl ,' �i t�'dli 2. Non - CHDO (For deobligations only) $ j' f, . b. CHDO Competitive Reallocation or Deobligation (see #18 below) $ Ft l Ili 1 I �ji, } ; , } i 8. Revised Obligation $ a. Formula Funds $ b. CHDO Competitive Reallocation $ ii. 9. Special Conditions (check applicable box) 10. Date of Obligation (Congressional Release Date) ® Not applicable ❑ Attache (mm /dd /yyyy) r r JUN 2 4 3 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 seg.). 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 /Entity'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,,od 24,,CFR Part 58. 11. For the U.S. Department of HUD (Name and Title of Authorized Official) 1 ignature / 13. Datg � A � (r,"Leroy P. Brown, Director, CPD 1 11upW 14. For the Participating Jurisdiction /Entity (Name and Title of Authorized Official) 1 ure 16. Date Vera Ortegon, President of City Council 4 6 , _ 09 k8/2009 17. Check one: ® Initial Agreement ❑ Amendment# 18. Funding Information: CHDO Competitive Reallocation Source of Funds Appropriation Code PAS Code Amount Source of Funds Appropriation Code PAS Code Amount FY2009 HOME 86 911 0205 HMC $925,858 $ Page 1 of 1 form HUD40093 (0412004)