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Home My WebLink About20132161.tiffRESOLUTION RE: APPROVE APPLICATION AND AMENDMENT #2 TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ECONOMIC DEVELOPMENT GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Application and Amendment #2 to the Community Development Block Grant (CDBG) Economic Development Grant Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration, and the Colorado Department of Local Affairs, commencing upon date of signature, with further terms and conditions being as stated in said application and amendment, and WHEREAS, after review, the Board deems it advisable to approve said application and amendment, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Application and Amendment #2 to the Community Development Block Grant (CDBG) Economic Development Grant Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration, and the Colorado Department of Local Affairs be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application and amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COORADO ATTES Weld County Clerk to the Board BY: Deputy CI APP o the Board unty At orney Date of signaturAUG 15 2013 William F."arcia, Chair ugla Rademac er, Pro-Tem P. Conway Freeman Barbara Kirkmeyer cu 4F1 elk 2013-2161 FI0056 July 17, 2013 Monica Daniels -Mika, Finance Director Weld County 915 — 10th Street Greeley, CO 80631 RE: CDBG #11-582 — Weld County Business Loan Fund Grant Agreement — Contract Amendment #2 Dear Ms. Daniels -Mika: Attached is a copy of the contract amendment #2 for the above -referenced Community Development Block Grant project. If the contract amendment is satisfactory to the County as written, please mail four signed copies of the amendment, signed and dated by an authorized signator, (original signatures). Please note that an authorized signator is a County Chief Elected Official, City/Town Mayor, or District Board President. If any other individual should have authorization to sign contracts, please provide a letter from the Chief Elected Official approving the authority to sign. Please send the four signed copies of the contract amendment along with the routing memo (below) to: Bob Todd Manager, CDBG Business Programs Colorado Office of Economic Development and International Trade 1625 Broadway, #2700 Denver, CO 80202 If you have any questions, please call Robert Todd at 303/892-3824 or me at 303/866- 3245. Sincerely, Beth Lipscomb Contract Specialist Department of Local Affairs Denver Office 2013-2161 Enclosures MEMORANDUM TO: Robert Todd THROUGH: Monica Daniels -Mika, Finance Director, Weld County FROM: Beth Lipscomb DATE: July 17, 2013 RE: Contract Amendment Approvals FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED): RE: CDBG 11-582 — Weld County Business Loan Fund CA#2 Contractor's Federal I.D.# on file with Accounting Form sent to Contractor to complete CDBG #11-582 - Weld County BLF CONTRACT AMENDMENT Amendment #: 2 Encumbrance #: F12CDB11582 Original Contract CMS #:34283, 56201 Amendment CMS #: 58408 1) PARTIES This Amendment to the above -referenced Original Contract (hereinafter called the Contract) is entered into by and between WELD COUNTY, Colorado (hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the "State") acting by and through the Colorado Department of Local Affairs (the "Department") for the benefit of the Division of Local Government ("DLG"). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Contract to provide Community Development Block Grant ("CDBG") funds to the Contractor to continue a Business Loan Fund ("BLF"). This amendment increases the Project Budget. 4) CONSIDERATION -COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective) as part consideration for this amendment. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: a. Contract, Section 9, Payments to Grantee Section 9.A. Maximum Amount is modified by deleting the amount "Seven Hundred Fifty Thousand and no/100 ($750,000.00)"and inserting in lieu thereof the amount "One Million Seven Hundred Fifty Thousand and No/100 ($1,750,000.00)". b. Exhibit B, Statement of Project, Section 3. Deliverables Section 3.2 Outcome, Subsection 3.2.1 is modified by deleting "37.5 full-time equivalent permanent jobs" and inserting in lieu thereof "87.5 full-time equivalent permanent jobs". c. Exhibit B, Statement of Project, Section 5. Payment Section 5.1 Payment Schedule is modified by deleting in its entirety the existing payment schedule table: "Payment Amount Interim or Final Payment(s) $750,000.00 Paid upon receipt of required supporting documentation and written requests from the Grantee for eligible and approved projects or activities. Total $750,000.00" Page 1 of 4 CDBG #11-582 - Weld County BLF and inserting in lieu thereof the following payment schedule table: "Payment Amount Interim or Final Payment(s) $1,750,000.00 Paid upon receipt of required supporting documentation and written requests from the Grantee for eligible and approved projects or activities. Total $1,750,000.00" d. Exhibit B, Statement of Project, Section 7. Project Budget Section 7. Project Budget is modified by deleting in its entirety the existing budget table and inserting in lieu thereof the following budget table: Activity Total CDBG Funds Other Funds (minimum of) Source REVENUE CDBG Funds $1,750,000 $1,750,000 CDBG Grantee/Sub-grantee $20,000 $20,000 Sub -grantee Other Leveraged Funds (minimum ot) $3,500,000 $3,500,000 Leveraged Sources TOTAL REVENUE $5,270,000 $1,750,000 $3,520,000 EXPENDITURES Business Financial Assistance (CDBG 18A) Optional: Micro - $1,630,000 $20,000 $1,630,000 $20,000 CDBG CDBG enterprise Business Financial Assistance Optional: Micro - enterprise Business Technical Assistance Optional: Feasibility/Planning Studies Administration (CDBG 21A) $120,000 $100,000 $20,000 Sub- grantee/CDBG Other: $3,500,000 $3,500,000 Leveraged sources TOTAL EXPENDITURES $5,270,000 $1,750,000 $3,520,000 Page 2 of 4 CDBG #11-582 - Weld County BLF 7) START DATE This Amendment shall take effect on the later of its Effective Date or July 1, 2013. 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 3 of 4 CDBG #11-582 - Weld County BLF THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR WELD COUNTY, Colorado ByWilliam F £arcia,Chair Title: Weld ..n Bo, rd of Commissioners Signature AUG 0 5 2013 Date By: STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Local Affairs Reeves Brown i Eke Live Director Zi Robert odd. CDBG/OEDIT Date ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder, Page 4 of 4 075/.3-07/61 Office of Economic Development and International Trade August 20, 2013 William F. Garcia, Chair Weld County Board of Commissioners 1150 O Street P O Box 758 Greeley, CO 80632 John W. Hickenlooper, Governor Kenneth W. Lund, Executive Director RECEIVED AUG 2 0 2093 WELD COUNTY COMMISSIONERS Re: Community Development Block Grant ("CDBG") F12CDB11-582, Amendment #3, to Contract for Weld County. Dear Mr. Garcia: Enclosed is the original of the executed Amendment # 3 in the amount of $1,000,000 to your CDBG Grant Agreement #11-582 with Weld County for continued Community Development Block Grant ("CDBG") Economic Development Assistance. The total of your contract as amended is $1,750,000. We appreciate your continued work in furthering the economic development of your local area. If you have any questions, please call me at 303-892-3824. Robert Todd Manager, CDBG Business Loan Funds CC: Monica Daniels -Mika, Bob Hinderaker K:\Finance\KOF\W ELD\ContractAmend#3-11582.Transm it.county08-13.doc 1625 Broadway, Suite 2700 • Denver, Colorado 80202 • Telephone: 303-892-3840 • Facsimile: 303-892-3848 • www.AdvanceColorado.com Esther Gesick From: Monica Mika Sent: Tuesday, July 23, 2013 9:58 AM To: Esther Gesick Subject: FW: CDBG application Attachments: Ltr - Ron W recommendation.docx Can you please add this to the acceptance of the grant for the CDBG for Revolving Loan fund? You should have the contract and the application. Let me know when you can get this put together for the BOCC to approve as Garcia wants someone from Upstate to present this information. Thanks Monica Danieis-Mika Director of Finance and Administration 1150 0 Street Greeley, Co 80632 (970) 336 7205 ext. 4210 mmika@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Robert Hinderaker[mailto:RHinderaker@upstatecolorado.orq] Sent: Tuesday, July 23, 2013 7:39 AM To: Monica Mika Subject: RE: CDBG application Yes, we have reviewed the terms of the amendment to the contact and the terms are acceptable. The reporting is the same as we have been doing so we are also comfortable with that. Also, will you be able to put the recommended appointment of Ron Wildeman to the BLF Loan Committee on the agenda? Let me know if you need any additional information. Thanks, Bob Bob Hinderaker Vice President - Finance 970-356-4565 970-371-0863 - cell LPSTATECOLORADO ECONOMIC DEVELOPMENT From: Monica Mika [mailto:mmika@co.weld.co.us] Sent: Monday, July 22, 2013 10:04 PM To: Robert Hinderaker Subject: RE: CDBG application Have you looked to see if the terms of the contract are acceptable to you all ? If so, I need to get this put on the Bocc agenda for acceptance. Thanks Monica Daniels -Mika Director of Finance and Administration 1150 0 Street Greeley Co 80632 907 336 7204 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Robert Hinderaker[mailto:RHinderaker@uostatecolorado.orq] Sent: Monday, July 22, 2013 10:29 AM To: Monica Mika Subject: CDBG application Monica, Attached please find the application you requested. Let me know if you need anything else. Thanks and have a great day, Bob Bob Hinderaker Vice President - Finance 970-356-4565 970-371-0863 - cell 2 Hello