HomeMy WebLinkAbout2009-105
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RESOLUTION NO. 2009-105
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FUNDING AND
GRANT AGREEMENT FOR THE NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) FUNDS AS AUTHORIZED AND APPROPRIATED
UNDER THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008
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WHEREAS, in Fiscal Ycar 2008-2009, the City of San Bernardino, California (the "City'),
7 tS entitled to receive $8,408.558 from the United States Department of Housing and Urban
8 Development ("HUD'") under the Neighborhood Stabilization Program ("NSP'") for the purpose of
9 redeveloping abandoned and foreclosed homes and residential properties as authorized under Title
10 111 Division B of the Housing and Economic Recovery Act ("HERA'") of2008; and
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WHEREAS, the NSP is subject to certain statutory and regulatory provisions governing the
12 Community Development Block Grant ("CDBG'") program as necessitated by HERA; and
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WHEREAS, the City, as a direct recipient of CDBG Funds has submitted to HUD and HUD
14 has approved a Consolidated Plan for Fiscal Years 2005-2010 and a Consolidated Annual Action
15 Plan for Fiscal Year 2008-2009 (the "Action Plan'"); and
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WHEREAS, the City, as required by the NSP, prepared and submitted a substantial
17 amendment to the Action Plan to HUD on Novembcr 19, 2008, in accordance with the consolidated
18 plan procedures for a substantial amendment under the annual CDBG program; and
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WHEREAS, the City's substantial amendment to the Action Plan called for the provision of
20 the following Program components: (I) down payment assistance for eligible home buyers; (2)
21 rental housing opportunities for households at or below 50% of the Area Median Income; (3)
22 acquisition, demolition for future redevelopment; and (4) acquisition rehabilitation and resale of
23 single-family properties; and
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WHEREAS, the City shall have 18 months from the date of HUD' s execution of the funding
25 and Grant Agreement to obligate the NSP grant amount pursuant to the requirements of HERA; and
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WHEREAS, the City shall have 48 months from the date of HUD's execution of the funding
27 and Grant Agreement to fully expend the NSP grant amount; and
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P \Agenda,IResolut;ons\Resollltiom\200'l\04-20-(J<) NSP Funding and Gr~nt Agrcclllcnll\lCC Reso.doc
2009-105
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WHEREAS, the City seeks to redevelop abandoned and foreclosed homes and
2 residential properties to address the significant costs that foreclosure activity imposes on local
3 municipalities and neighborhoods.
4 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. AS
6 FOLLOWS:
7 Section 1. That the Common Council hereby approves and authorizes the Mayor as the
8 authorized official of the City to execute the NSP Grant Agreement as provided by HUD for the
9 purpose of the redevelopment of abandoned and foreclosed homes and residential properties as such
10 Grant Agreement is attached to this Resolution as Exhibit "A".
11 Section 2. This Resolution shall take effect upon its adoption and execution in the manner
12 as required by the City Charter.
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2009-105
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FUNDING AND
GRANT AGREEMENT FOR THE NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) FUNDS AS AUTHORIZED AND APPROPRIATED
UNDER THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a ioint regular
meeting thereof,
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held on the 20th day of April ,2009, by the following vote to wit:
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Council Members: Aves Nays Abstain Absent
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ESTRADA -.-lL
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BAXTER ---X-
10 BRINKER
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11 SHORETT x
12 KELLEY
-.-lL
13 JOHNSON ---X-
14 MC CAMMACK x
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~~Cit:~~r~
18 The foregoing Resolution is hereby approved thiso?37.(J day of April ,2009.
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22 Approved as to Form:
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P\Agendas\Rc_,,,lution5\Rcsolutiolls\2009\04-20-(J<) NSP Funding "["I Gran, Agreemenl Mer Re_,,, doc
2009-105
1 EXHIBIT "A"
2 Grant Agreement
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f>\A.gcndas\Re~oluli(jI1,\Res<JllItiolls\2009\04-2(J-O,) l\SP Funding ami Grant Agreement 1\1(( Reso.doc
2009-105
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FUNDING APPROVAL AND GRANT AGREEMENT FOR
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS
AS AUTHORIZED AND APPROPRIATED UNDER THE
HOUSING AND ECONOMIC RECOVERY ACT OF 2008
(PUBLIC LAW 110-289, JULY 30, 2008)
NSP GRANTEE:
City of San Bernardino
NSP GRANT NUMBER:
B-08-MN-06-0520
NSP GRANT AMOUNT:
$8,408,558
NSP APPROVAL DATE:
WR
This Grant Agreement between the Department of Housing and Urban Development (HUD) and
City of San Bernardino (Grantee) is made pursuant to the authority of sections 2301 - 2304 of
the Housing and Economic Recovery Act of 2008 (Public Law 110-289 (July 30, 2008))
(HERA). The program established pursuant to section 2301-2304 is known as the
"Neighborhood Stabilization Program" or "NSP." The Notice of Allocations, Application
Procedures, Regulatory Waivers Granted to and Alternative Requirements for Redevelopment of
Abandoned and Foreclosed Homes Under the Housing and Economic Recovery Act, 2008
published at 73 PR 58330 (October 6,2008) (Notice); HERA; the Grantee's submission for NSP
assistance (Grantee Submission); the HUD regulations at 24 CPR Part 570 (as modified by the
Notice and as now in effect and as may be amended from time to time) (Regulations); and this
Funding Approval, including any special conditions, constitute part of the Grant Agreement.
Subject to the provisions of this Grant Agreement, HUD will make NSP Grant Funds in the
amount of $8,408,558 available to the Grantee upon execution of this Grant Agreement by the
parties. The Grantee shall have 18 months from the date of HUD's execution of this Grant
Agreement to obligate the NSP Grant Amount pursuant to the requirements of HERA and the
Notice. The Grantee shall have 48 months from the date of HUD's execution of this Grant
Agreement to expend the NSP Grant Amount pursuant to the requirements of the Notice. The
NSP Grant Funds may be used to pay eligible costs arising from eligible uses incurred after the
NSP Approval Date provided the activities to which such costs are related are carried out in
compliance with all applicable requirements. Pre-award planning and general administrative
costs may not be paid with funding assistance except as permitted in the Notice; the Notice limits
such costs to those incurred on or after September 29, 2008. Other pre-award costs may not be
paid with funding assistance except as permitted by 24 CPR 570.200(h); for purposes of NSP,
such costs are limited to those incurred on or after the date that the NSP substantial amendment
was received by HUD.
2009-105
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The Grantee agrees to assume all of the responsibilities for environmental review,
decisionmaking, and actions, as specified and required in regulations issued by the Secretary
pursuant to Section 104(g) of Title I of the Housing and Community Development Act, as
amended (42 U.S.C. 5304) and published in 24 CFR Part 58. The Grantee further acknowledges
its responsibility for adherence to the Grant Agreement by sub-recipient entities to which it
makes funding assistance hereunder available.
This Grant Agreement may be amended only with the prior written approval of HUD. In
considering proposed amendments to this Grant Agreement, HUD shall review, among other
things, whether the amendment is otherwise consistent with HERA, the Notice, and the
Regulations.
The Grantee may amend its Grantee Submission; however, such amendments, including
substantial amendments as defined in 24 CFR Part 91, will be subject to the requirements of 24
CFR Part 91 (or any successor regulation) and any revisions HUD may make to the Notice (or
any successor Notice or regulation).
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. Further,
the Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant
funds and program income under this Funding Approval and Grant Agreement and any other
records required by 24 CFR 570.506, 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, or the Comptroller General of the United States.
The Grantee shall submit information on performance measurement as established by the
Secretary for activities undertaken with NSP grant funds.
The Grantee is advised that providing false, fictitious or misleading information with respect to
NSP Grant Funds may result in criminal, civil or administrative prosecution under 18 USC
~1001, 18 USC ~1343, 31 USC ~3729, 31 USC ~3801 or another applicable statute.
Close-out of this grant shall be subject to the provisions of 24 CFR 570.509 or such close-out
instructions as may hereafter be issued by HUD specifically for NSP grants.
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This NSP Grant Agreement is binding with respect to HUD in accordance with its terms upon
the execution by HUD in the space provided above, subject to execution on behalf of the
Grantee.
The United States Department of
Housing and Urban Development
William G. Vasquez
Name of Authorized Official
Director
Community Planning and Development
Title of Authorized Official
Dom "r:ftl
For HUD CFO Use On Iv
Current Balances
IncreasesnJecreases
The Grantee
City of San Bernardino
~~-'" ~ miJP-/"....s
Name of Authorized Official
/)J A '/ " I'Z-
Title of Authorized Official
#L3/09
Date of Signature
95-6000772
Grantee Tax Identification Number
Ending Balance
Date