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Home My WebLink AboutResolution - 2010-R0535 - Contract 9816 United States Department Of Housing And Urban Development For HOME - 10/28/2010Resolution No. 2010-RO535 October 28, 2010 Item No. 5.15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract, by and between the City of Lubbock and the U.S. Department of Housing and Urban Development (HUD), for the Home Investment Partnerships Grant (HOME), and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this October 28 , 2010. TON4 MARTIN, MAYOR ATTEST: Rebec a Garza, City Secret APPROVED AS TO CONTENT: Phyl Brown Interim Community Development Director APPROVED AS TO FORM: gs!ccdocs res -CD -HUD -HOME Assistance Prog 10.7.10 Funding Approval and HOME U.S. Department of Housing and Urban Development Investment Partnerships Agreement Office of Community Planning Title II of the National Affordable Housing Act and Development OMB Approval No. 2506-0171 (Exp. 05/31/2007) Resolution No. 2010—RO535 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 City of Lubbock 1625 13th Street Lubbock, TX 79401 Duns No: 058213893 2. Participant Number M -10 -MC -480205 3. Tax Identification Number 756000590 4. Appropriation Number 860/20205 5. FY (yyyy) 2010 6. Previous Obligation (Enter "0" for initial FY allocation) $ a. Formula Funds $ b. Community Housing Development Org. (CHDO) Competitive $ 7. Current Transaction (+ or -) $ 1,248,498 a. Formula Funds $ 1,248,498 1. CHDO (For deobligations only) $ 2. Non- CHDO (For deobligations only) $ b. CHDO Competitive Reallocation or Deobligation (see #18 below) $ 8. Revised Obligation $ a. Formula Funds $ b. CHDO Competitive Reallocation 9. Special Conditions (check applicable box) ® Not applicable ElAttached 10. Date of Obligation (Congressional Release Date) (mm/dd/yyyy) OCT/ 0 1 2010 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 et 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/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 and 24 CFR Part 58. }}11 For the U.S. Department of HUD (Name and Title of Authorized Official) 12. ure 13. Date n,' -Katie S. Worsham, Director, CPD 0L, 0 OCT/ 0 Y 2010 14. For the Participating Jurisdiction/Entity (Name and Title of Authorized Official) 15.*Signatu%rd yy� 16. Date Tom Martin, Mayor '/�/1:Oct /28 /2010 17. Check one: ❑ Initial Agreement ❑ Amendment # 18. Funding Information: Source of Funds ARDrooriation Code PAS Code Amount form HUD -40093 (04/2004) Resolution No. 2010-RO535 Fiscal Year 2010 HOME Investment Partnerships M -10 -MC -48-0205 AMENDMENT This AMENDMENT is made and entered into, by and between the Department of Housing and Urban Development (HUD) and the City of Lubbock. WHEREAS, HUD and the City of Lubbock have entered into the HOME Grant Agreement, executed by the City of Lubbock on October 28, 2010 and by HUD on October 1, 2010. WHEREAS, the United States Office of Management and Budget (OMB) has required all grant agreements executed on or after October 1, 2010 to include award terms, which set forth uniform requirements concerning the Duns and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database and the Federal Funding Accountability and Transparency Act; WHEREAS, said Grant Agreement did not contain the award terms established by OMB; WHEREAS, HUD and the City of Lubbock now desire to amend the GRANT AGREEMENT in order to incorporate the award terms established by OMB; NOW, THEREFORE, in consideration of the promises and mutual covenants set forth in the GRANT AGREEMENT and in this AMENDMENT, HUD and the City of Lubbock agree that the GRANT AGREEMENT is now amended to include the following provision, effective as of October 1, 2010. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, as set forth in Appendix A to Part 25— Award Term, Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25), and Appendix A to Part 170—Award Term, Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). IN WITNESS WHEREOF, HUD and the City of Lubbock, each acting through its duly authorized representatives, have executed this AMENDMENT as of the date of the last signature below and agree that the GRANT AGREEMENT, as amended by this AMENDMENT, continues in full force and effect. U.S. Department of Housing and Urban Development Shirley J. Henley Director Date The City of Lubbock Tom Martin Mayor Date ATTEST: Dgk'� - —:% Rebec Garza, City Sec. 6