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Home My WebLink About08491ORDINANCE NO. 8491 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 2012 HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS, AMENDING ORDINANCE NO. 8435, AMENDING THE CITY OF PUEBLO’S 2012 ONE-YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,857,853 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-12-DC-08- 0205 for the HOME Program and B-12-MC-08-0007 for the CDBG Program, 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. 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 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. SECTION 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 Act 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 8435 adopting the City of Pueblo’s One Year Action Plan for the fiscal year 2012-2013 is amended by decreasing the 2012 CDBG grant by $274,392, from $1,513,456 to $1,239,064, and by decreasing the 2012 HOME grant by $267,652, from $811,441, to $543,789. An estimated $75,000 in HOME program income is hereby also appropriated and budgeted. SECTION 7. The total amount of $1,857,853 is hereby budgeted and appropriated, and projects established as per Attachment 1. INTRODUCED: June 11, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: June 25, 2012 ATTACHMENT 1 2012 CDBG PROJECTS ADMINISTRATIVE/PLANNING CD1201 Administration $247,812.80 Total Administrative/Planning (20%) $247,812.80 PUBLIC SERVICES CD1202 Muni Court-Graffiti Program $16,000.00 CD1203 Posada-Homeless Supportive Service $50,000.00 CD1204 Posada-Youth Outreach Project $29,000.00 CD1205 SRDA Transportation $28,214.15 CD1206 Boys & Girls Club $62,645.45 Total PS (15%) $185,859.60 HOUSING CD1207 ERESP $45,000.00 CD1208 DHCS –Neighborhood Revitalizations $36,391.60 CD1209 Center for Disabilities (Ramps/ADA Mod) $28,000.00 Total Housing $109,391.60 PUBLIC FACILITIES/PUBLIC INFRASTRUCTURE CD1210 HFH Right of Way Infrastructure $16,000.00 CD1211 ADA Ramps- City Wide $400,000.00 CD1212 BAND-Bessemer Park $280,000.00 Total PI$696,000.00 Total Grant $1,239,064.00 ____________________________________________________________________________ 2012 HOME PROJECTS CITY HO1210 City Administration $ 51,003.12 HO1220 HOME DownPayment $ 75,000.00 HO1240 Rehab/Infill/New Construction $318,773.40 HO1250 CHDO $ 81,568.35 $526,344.87 COUNTY HO1230 Pueblo County Administration $ 10,875.78 HO1260 Pueblo County Programs $ 81,568.35 $ 92,444.13 Total $618,789.00 543,789.00 Grant Amount $ Expected Program Income $ 75,000.00 $618,789.00 Background Paper for Proposed Ordinance DATE: June 11, 2012 AGENDA ITEM # R-1 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 2012 HOME INVESTMENT PARTNERSHIP ACT GRANT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS, AMENDING ORDINANCE NO. 8435, AMENDING THE CITY OF PUEBLO’S 2012 ONE-YEAR ACTION PLAN TO CONFORM THEREWITH, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,857,853 ISSUE The City Council on December 12, 2012 approved Ordinance No. 8435, which authorized submission of the CDBG and HOME FY 2012 application to the U.S. Department of Housing and Urban Development (HUD). HUD approved the application and the City must now execute the grant agreements. However, the forecasted grant funds have changed, and budgets must be established accordingly. RECOMMENDATION Approval of the Ordinance. BACKGROUND The City of Pueblo submitted an application to HUD for CDBG and HOME funds for the year 2012 in January of 2012. The City received the grant award documents on April 27, 2012. 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 grant, and then adjusts the Action Plan based on the actual grant award. For grant year 2012, HUD authorized $1,239,064, in CDBG funding. This is a $274,392 decrease from the estimated amount. The HOME funding was reduced from $811,441 to $543,789; a decrease of $267,652. The reduction in HOME funding is absorbed by each of the HOME projects. Attachment 1 contains a listing of the projects. FINANCIAL IMPACT The City will receive $1,782,853 in federal funds to carry out eligible activities, to include, infrastructure improvements, public services, and affordable housing. In addition, the Department anticipates $75,000 in program income from repayment and defaults in loan agreements from the HOME Program. The total amount of funds to be appropriated and budgeted is $1,857,853. The acceptance of the HOME grant requires a 25% match ($108,757.80), which was previously appropriated in 2012 budget. Funding Approval /Agreement U.S. Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act (Public Law 930383) Community Development Block Grant Program HI- 00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3a. Grantee's 9 -digit Tax 3b. Grantee's DUNS Number: 4. Date use of funds may city of Pueblo ID Number: 010620284 begin (mm /dd /yyyy): 84- 6000615 03/01/2012 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 6a. Amount Approved 2631 East 4 Street B 12 - MC - 08 - 0007 $1,239,064 Pueblo, CO 81001 5b. Project/Grant No. 2 6b. Amount Approved 5c. Project/Grant No. 3 6c. Amount Approved 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 seq.). The Grantee's submissions for Title 1 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 /addendums, 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 sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name LeRoy P. Brown city of Pueblo Title Title Director, Community Planning and Development Mr. Ray Aguilera, President of the City Council Si nature Date /dd /yyy Signature Date (mm/dd/yyyy) egory of T' Assistance for this Funding Action 8. cial C ditions 9a. Date HUD Received Submission 10. check one (check only o e) (check one) (mm /dd /yyyy) 01/13/2012 ® a. Orig. Funding ® a. Entitlement, Sec 106(b) ❑ None 9b. Date Grantee Noti d Approval ❑ b. State - Administered, Sec 106(d)(1) ® Attached (mm /dd /yyyy)/ f 9 /Q, ❑ b. Amendment Year Amendment Number c. HUD - Administered Small Cities, Sec 106 d 2 B 9c. Date of Start ofiPro raAi ❑ OOO g ❑ d. Indian CDBG Programs, Sec 106(a)(1) (mm /dd /yyyy) 03/01/2012 ❑ e. Surplus Urban Renewal Funds, Sec 112(b) 11. Amount of Community Development ❑ f. Special Purpose Grants, Sec 107 Block Grant FY (2012) FY ( ) FY ( ❑ g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee b. Funds now being Approved $1,239,064 c. Reservation to be Cancelled (11a minus 11b) 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 number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and N/A conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the 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 (mm /dd /yyyy) F 153 ❑ ❑ El 1 7 6 Y Project Number Amount Project Number Amount Y I El Date Entered PAS (mm /dd /yyyy) Date Entered LOCCS (mm /dd /yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD -7082 (4/93) 13. (b) Special conditions: E. 0. 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. ADDENDUM TO GRANT AGREEMENT FOR (INSERT CDBG PROGRAM — CDBG, NSP3 OR DISASTER RECOVERY) In addition to the conditions contained on form HUD 7082, 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, including Appendix A to Part 25 of the 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 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170). Funding Approval and HOME U.S. Department of Housing OMB Approval No. 2506 -0171 and Urban Development (Exp. 12/31/2012) Investment Partnerships Agreement Office of Community Planning Title II of the National Affordable Housing Act and Development 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 2. Participant Number city of Pueblo M- 12 -DC- 08 -0205 3. Tax Identification Number 4. DUNS Number 2631 East 4 Street 84- 6000615 010620284 4. Appropriation Number 5. FY (yyyy) Pueblo, CO 81001 See #18 below 2012 6. Previous Obligation (Enter "0" for initial FY allocation) $0.00 a. Formula Funds $ b. Community Housing Development Org. (CHDO) Competitive $ 7. Current Transaction (+ or -) $000 a. Formula Funds $543,789 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) 10. Date of Obligation (Congre sion I Release Date) ❑ Not applicable ® Attached (mm /dd /yyyy) / / �9�/„Z., 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. 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, including Appendix A to Part 25 of the 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 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). 11. For the U.S. Department of HUD (Name and Title of Authorized Official) Si ature 13. Date LeRoy P. Brown, Director, Community Planning & Development eIs _ 04/19/2012 14. For the Participating Jurisdiction /Entity (Name and Title of Authorized Official) 5. '•,f - 1 . Date President, Pueblo City Council �/ � C 125'2o7_ 17. Check one: ❑ Initial Agreement ❑ Amendment # 18. Funding Information: HOME Source of Funds Appropriation Code PAS Code Amount FY2012 862/30205 HMC $543,789 Page 1 of 2 form HUD -40093 2012 HOME Special Conditions HOME funds used for projects not completed within 4 years of the commitment date, as determined by a signature of each party to the agreement shall be repaid, except that the Secretary may extend the deadline for 1 year if the Secretary determines that the failure to complete the project is beyond the control of the participating jurisdiction. No HOME funds may be committed to any project unless each participating jurisdiction certifies that it has conducted an underwriting review, assessed developer capacity and fiscal soundness, and examined neighborhood market conditions to ensure adequate need for each project. Any homeownership units funded with HOME funds which cannot be sold to an eligible homeowner within 6 months of project completion shall be rented to an eligible tenant. No HOME funds may be awarded for development activities to a community housing development organization that cannot demonstrate that it has staff with demonstrated development experience. Page 2 of 2 form HUD -40093 Funding Approval /Agreement U.S. Department of Housing and Urban Development Title 1 of the Housing and Community Office of Community Planning and Development Development Act (Public Law 930383) Community Development Block Grant Program HI- 00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3a. Grantee's 9 -digit Tax 3b. Grantee's DUNS Number: 4. Date use of funds may city of Pueblo ID Number: 010620284 begin (mm /dd /yyyy): 84- 6000615 03/01/2012. 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 5a. Project/Grant No. 1 6a. Amount Approved 2631 East 4th Street B 12 - MC - 08 - 0007 $1,239,064 Pueblo, CO 81001 5b. Project/Grant No. 2 6b. Amount Approved 5c. Project/Grant No. 3 6c. Amount Approved 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 1 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 /addendums, 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 sub - recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name LeRoy P. Brown city of Pueblo Title • Title Director, Community Planning and Development Mr. Ray Aguilera, President of the City Council Signat'- Date mldd /y yam Signature Date (mm/dd/yyyy) TE4/, - /.42.. , "' ategory . of Ti Assistance for this Funding Action Special itions 9a. Date HUD Received Submission 10. check one (check only • e) (check one) (mm /dd /yyyy) 01/13/2012 ® a. Orig. Funding ® a. Entitlement, Sec 106(b) ❑ None 9b. Date Grantee 19 . edd / Approval ❑ b. State- Administered, Sec 106(d)(1) ® Attached (mm/dd/yyyy)4 /7//� ❑ b. Amendment ❑ c. HUD - Administered Small Cities, Sec 106(d)(2)(B) 9c. Date of Start Prog m Year Amendment Number ❑ d. Indian CDBG Programs, Sec 106(a)(1) (mm/dd/yyyy) 03/01/2012 ❑ e. Surplus Urban Renewal Funds, Sec 112(b) 11. Amount of Community Development ❑ f. Special Purpose Grants, Sec 107 Block Grant FY (2012) FY ( ) FY ( ❑ g. Loan Guarantee, Sec 108 a. Funds Reserved for this Grantee b. Funds now being Approved $1,239,064 c. Reservation to be Cancelled (11a minus 11b) 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 number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and N/A conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. N/A Signat HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F 1 5 3 El El - ❑ - 176 Y Project Number Amount Y Project Number Amount Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD -7082 (4/93) 13. (b) 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.0.) 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. ADDENDUM TO GRANT AGREEMENT FOR (INSERT CDBG PROGRAM — CDBG, NSP3 OR DISASTER RECOVERY) In addition to the conditions contained on form HUD 7082, 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, including Appendix A to Part 25 of the 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 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170). Funding Approval and HOME U.S. Department of Housing OMB Approval No. 2506 -0171 and Urban Development (Exp. 12/31/2012) Investment Partnerships Agreement Office of Community Planning Title II of the National Affordable Housing Act and Development 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 2. Participant Number city of Pueblo M- 12 -DC- 08 -0205 3. Tax Identification Number 4. DUNS Number 2631 East 4th Street 84- 6000615 010620284 4. Appropriation Number 5. FY (yyyy) Pueblo, CO 81001 See #18 below 2012 6. Previous Obligation (Enter "0" for initial FY allocation) $0.00 a. Formula Funds $ b. Community Housing Development Org. (CHDO) Competitive $ sr, L 7. Current Transaction (+ or -) $000 a. Formula Funds $543,789 1. CHDO (For deobligations only) 2. Non- CHDO (For deobligations only) $ b. CHDO Competitive Reallocation or Deobligation (see #18 below) $ 1 8. Revised Obligation a. Formula Funds $ `- b. CHDO Competitive Reallocation $ ,., s.. -', �,. 9. Special Conditions (check applicable box) 10. Date of Obligation (Congress' nal Rel ase Date) ❑ Not applicable ® Attached (mm /dd /yyyy) / / ' / 5 14 Agg This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Juris iction /E tity 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. 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, including Appendix A to Part 25 of the 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 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). 11. For the U.S. Department of HUD (Name and Title of Authorized Official) 12 . ignature 13. Date LeRoy P. Brown, Director, Community Planning & Development AV 04/19/2012 14. For the Participating Jurisdiction /Entity (Name and Title of Authorized Off ..Si : ,4 = 16 Date President, Pueblo City Council �� ( e /Z5/ "16 1Z 17. Check one: ❑ Initial Agreement ❑ Amendment # 18. Funding Information: HOME Source of Funds Appropriation Code PAS Code Amount FY2012 862/30205 HMC $543,789 Page 1 of 2 form HUD -40093 2012 HOME Special Conditions HOME funds used for projects not completed within 4 years of the commitment date, as determined by a signature of each party to the agreement shall be repaid, except that the Secretary may extend the deadline for 1 year if the Secretary determines that the failure to complete the project is beyond the control of the participating jurisdiction. No HOME funds may be committed to any project unless each participating jurisdiction certifies that it has conducted an underwriting review, assessed developer capacity and fiscal soundness, and examined neighborhood market conditions to ensure adequate need for each project. Any homeownership units funded with HOME funds which cannot be sold to an eligible homeowner within 6 months of project completion shall be rented to an eligible tenant. No HOME funds may be awarded for development activities to a community housing development organization that cannot demonstrate that it has staff with demonstrated development experience. Page 2 of 2 form HUD -40093