HomeMy WebLinkAbout20110795.tiff RESOLUTION
RE: APPROVE FUNDING APPROVAL AND GRANT AGREEMENT FOR NEIGHBORHOOD
STABILIZATION PROGRAM (PHASE 3 - FORT LUPTON)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 a Funding Approval and Grant Agreement
for the Neighborhood Stabilization Program (Phase 3 - Fort Lupton) between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the City of Fort Lupton, and the U.S. Department of Housing and Urban Development, commencing
March 23, 2011, with further terms and conditions being as stated in said application, and
WHEREAS,with the funds supplied through said Program,Weld County, in conjunction with
the Weld County Housing Authority and the City of Fort Lupton, will acquire foreclosed properties,
demolished and reconstructed properties, and/or vacant lots within Fort Lupton for rehabilitation and
resale to qualifying low to median-income families, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Funding Approval and Grant Agreement for the Neighborhood
Stabilization Program (Phase 3 - Fort Lupton) between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the City of Fort
Lupton, and the U.S. Department of Housing and Urban Development, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
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�'S3-aN-/f t4 l I - I I 2011-0795
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FUNDING APPROVAL AND GRANT AGREEMENT FOR NEIGHBORHOOD STABILIZATION
PROGRAM (PHASE 3 - FORT LUPTON)
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST- • _ J �.4'c w.Ry JmjtIt
• (�. n,; arbara Kirkme er Chair
Weld County Clerk to the - ( - •,� �—
- /- , � Pit' 99�1.earr . Coay, 'ro-Tem e
BY: ��
Deputy Clerk to the B
Ham F.Garcia
APPROVED AS -1 0/
/•z David E. Lon
aunty ttorney ,' ILL.)
Dougl s Radema her
Date of signature: /111///
2011-0795
FI0053
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U. S. Department of Housing and Urban Development * * O
Community Planning and Development Region VIII,Denver Phone:303-672-5414
1670 Broadway Street Fax:303-672-5028
Denver,Colorado 80202-4801 Web: www.hud.gov
March 15, 2011
Ms. Barbara Kirkmeyer, Chair
Weld County Commissioners
915 Tenth Street
P.O. Box 758
Greeley CO 80632
Dear Chairperson Kirkmeyer:
Enclosed are three copies of the Funding Approval and Grant Agreement (Grant
Agreement) for Neighborhood Stabilization Program 3 (NSP 3) grant funds allocated to Weld
County, Colorado. The Department has approved your jurisdiction's abbreviated action plan for
the NSP 3 funds in the amount of$1,023,188 and looks forward to working with you as your
jurisdiction begins to implement its NSP 3 program.
The NSP 3 program is authorized by Section 1497 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2010 (Dodd-Frank). Please note that under the terms of Dodd-
Frank, NSP 3 grantees have the same deadlines for expenditure as NSP 2, defined in the Title
XII of American Recovery and Reinvestment Act (ARRA): grantees must expend 50% of their
grant amount in two years and 100% of their grant amount in three years. The two-year period
was triggered by HUD's execution of the Grant Agreement. Please execute the agreements and
return two of them to HUD as quickly as possible to ensure that you have the maximum time
available to use the NSP funds. Grant Agreements should be returned to this office at the
following address:
US Department of Housing and Urban Development
Community Planning and Development
1670 Broadway Street
Denver, CO 80202
Grant Agreements must be signed by an authorized official of the grantee. Upon receipt
of the executed Grant Agreement, HUD will immediately forward the fully executed Grant
Agreement to the Department's accounting operations center in order to make the funds
available on the grantee's line of credit. Please recall that NSP funds will be available through
HUD's Disaster Recovery Grant Reporting (DRGR) system, not the Integrated Disbursement
and Information System (IDIS). If you have questions regarding DRGR, please contact the
DRGR help desk at DRGR Help anhud.gov. HUD will notify grantees when NSP funds are
available for drawdown through DRGR.
Grantees are reminded that the October 19, 2010, Federal Register Notice for NSP 3
requires quarterly reporting by grantees (see 75 FR 64337, Section O,Reporting). Such
2011-0795
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reports are due not later than 30 days following the end of each calendar quarter with the
first such report due not later than July 31, 2011, for the quarter ending June 30, 2011.
Given three-year period in which grantees must expend the NSP 3 funds, it is imperative
that grantees regularly update DRGR with program performance information. HUD will
closely monitor quarterly report submissions and will aggressively pursue grantees that fail
to report in a timely manner. Grantees are also reminded that each quarterly report must
be posted on their web sites so that the public may have ready access to the information.
In the October 19, 2010 Notice, HUD authorized grantees to use up to 10 percent of their
NSP funds for administrative costs incurred in management and implementation of the NSP
program. While HUD is cognizant of the fiscal pressures facing many state and local
governments, please understand that these funds may only be used for administration of NSP and
may not be used to finance the broader governmental functions of the grantee. The Department
will be monitoring NSP drawdowns to identify instances where grantees draw administrative
funds that are excessive in relation to the level of program progress.
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Grantees are reminded that:
• The October 19, 2010, Federal Register Notice requires that NSP grantees maintain on
their official website a copy of the final approved substantial action plan amendment.
Grantees are also reminded that they are required to post quarterly performance
reports to their websites concurrent with their submission to HUD.
• NSP-funded activities are subject to applicable provisions of the HUD Environmental
Review Procedures (24 CFR Part 58). In this regard a request for release of funds
must be approved by HUD prior to the obligation or utilization of funds for NSP
activities. The environmental review process for NSP is the same as for the
Community Development Block Grant (CDBG) program.
• The Grant Agreement requires grantees to submit information on performance
measurement as established by the Secretary for activities undertaken with NSP grant
funds.
• As a recipient of HUD funds, federal law requires that grantees ensure their plan benefits
all members of their community, without regard to race, color, national origin, sex,
religion, familial status, or disability. Grantees should take affirmative steps to ensure
that no person is denied the benefit of housing or housing-related services for any of the
foregoing reasons.
• Providing false, fictitious or misleading information with respect to the administration of
NSP funds may result in criminal, civil or administrative prosecution under 18 U.S.C.
1001, 18 U.S.C. 1343, 31 U.S.C. 3729, 31 U.S.C. 3801, or another applicable statute.
The Department is pleased to have this opportunity to work with your jurisdiction
through the Neighborhood Stabilization Program and we are available to assist with your
implementation of the program. If you have not already been contacted by HUD staff or a
Technical Assistance provider, please feel free to take advantage of customized training and
capacity building opportunities through the NSP TA Program. More information can be found on
the NSP Resource Exchange at www.hud.govinspta .
If you have any questions about your grant please feel free to contact Phillip McKeough,
Community Development Representative at 303-672-5064 or via email at
phillip.e.mckeough@hud.gov. We look forward to working with you.
Sincerely, 2
)/64,c2( (
DeRoy P. Brown
irector
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Enclosures
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FUNDING APPROVAL AND GRANT AGREEMENT FOR
NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) FUNDS
AS AUTHORIZED AND APPROPRIATED UNDER THE WALL STREET
REFORM AND CONSUMER PROTECTION ACT OF 2010, AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 AND THE HOUSING
AND ECONOMIC RECOVERY ACT OF 2008
(PUBLIC LAWS 111-203, 111-005 and 110-289)
NSP3 GRANTEE: Weld County, Colorado
NSP3 GRANT NUMBER: B-11-UN-08-0002
NSP3 GRANT AMOUNT: $1,023,188
NSP3 APPROVAL DATE: March 15, 2011
NSP3 EXPENDITURE DEADLINE (2 YEAR): March 15, 2013
NSP3 EXPENDITURE DEADLINE (3 YEAR): March 15, 2014
GRANTEE DUNS NUMBER: 075757955
1. This Grant Agreement between the U.S. Department of Housing and Urban Development
(HUD) and Weld County, CO. (Grantee) is made pursuant to the authority of section
1497 of the Wall Street Reform and Consumer Protection Act of 2010 (Pub. L. 111-203
(July 21, 2010)) (Dodd-Frank Act), title XII of Division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5 (February 17, 2009)) (Recovery Act) and
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 of HERA is known as the "Neighborhood Stabilization Program" or "NSP." The
term "NSP2" refers to the second appropriation of NSP funds provided under the
Recovery Act. The additional allocation under the Frank Dodd Act represents the third
round of Neighborhood Stabilization Program funding and is referred to as "NSP3."
Notice of Formula Allocations and Program Requirements for Neighborhood
Stabilization Program Formula Grants (Docket No. FR-5447-N-01, October 19, 2010)
(NSP3 Notice); the Dodd-Frank Act; the Recovery Act; HERA; the Grantee's
application for NSP3; the HUD regulations at 24 CFR Part 570 (as modified by the NSP3
Notice 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. In the event of a conflict between a provision of the Grantee's Application
and any provision of this Grant Agreement, the latter shall control.
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2. The Grantee shall comply with reporting requirements established by HUD and OMB
(including all revisions to such reporting requirements) and the Federal Funding
Accountability and Transparency Act (Pub. L. 109-282) (including implementing
guidance).
3. Subject to the provisions of this Grant Agreement, HUD will make NSP3 Grant Funds in
the amount of $1,023,188 available to the Grantee upon execution of this Grant
Agreement by the parties. Of that amount, $255,797 must be used to house individuals or
families whose incomes do not exceed 50 percent of area median income, pursuant to
Dodd-Frank Act. The Grantee shall have 24 months from the date of HUD's execution
of this Grant Agreement to expend half of the NSP3 Grant amount pursuant to the
requirements of this Agreement, the Dodd-Frank Act, the Recovery Act, HERA and the
NSP3 Notice, as amended. The Grantee shall have 36 months from the date of HUD's
execution of this Grant Agreement to expend the total NSP3 Grant amount pursuant to
the requirements of this Agreement, the Dodd-Frank Act, the Recovery Act, HERA and
the NSP3 Notice, as amended. The NSP3 Grant Funds may be used to pay eligible costs
arising from eligible uses incurred after the NSP3 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 NSP3 Notice, as amended. Other pre-award
costs may not be paid with funding assistance except as permitted by 24 CFR 570.200(h);
for purposes of NSP3, such costs are limited to those incurred on or after the date that the
NSP3 Notice was published by HUD.
4. 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.
5. The Grantee agrees that it will demolish or convert units using NSP3 funds only to the
extent and scope described in the NSP3 substantial amendment. The Grantee agrees that
under no circumstances will NSP3 funds be used to demolish any public housing (as
defined in section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a)).
6. The Grantee agrees to comply with the Recovery Act provisions concerning tenant
protections applicable to NSP3 acquisitions of foreclosed property. The Grantee must
document its efforts to ensure that the initial successor in interest (ISII) in a foreclosed
upon dwelling or residential real property (typically, the initial successor in interest in
property acquired through foreclosure is the lender or trustee for holders of obligations
secured by mortgage liens) has provided bona fide tenants with the notice and other
protections outlined in the Recovery Act. The Grantee will not use NSP3 funds to
finance the acquisition of property from any initial successor in interest that failed to
comply with applicable requirements unless the Grantee assumes the obligations of such
initial successor in interest with respect to bona fide tenants. If the Grantee elects to
assume such obligations, it may only do so if the tenant is still occupying the property
and will provide any tenant displaced as a result of the NSP3 funded acquisition with the
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assistance outlined in 24 CFR 570.606. If the Grantee knows that the ISII did not comply
with the NSP tenant protection requirements and vacated the property contrary to the
NSP requirements, NSP3 funds cannot be used to acquire such properties.
7. The Grantee further acknowledges its responsibility for adherence to all applicable terms
and conditions of this grant award by sub-recipient entities and contractors, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with
the Central Contractor Registration.
8. This Grant Agreement may be amended only with the prior written approval of HUD. In
considering proposed amendments to this Grant Agreement, HUD shall also review,
among other things, whether the amendment is otherwise consistent with the Dodd-Frank
Act, the Recovery Act, HERA, the NSP3 Notice, as amended, and the Regulations.
9. The Grantee may not amend its Grantee Submission other than as described above;
however, such amendments will be subject to the requirements of the NSP3 Notice and
any revisions HUD may make to the NSP3 Notice. (or any successor Notice or
regulation).
10. The Grantee must respond in writing to any citizen complaint within 15 working days, if
feasible, and send a copy of the response to HUD. The Grantee shall at all times maintain
an up-to-date copy of its Grantee Application, including all amendments approved by
HUD, on its Internet website. 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 and the NSP3 Notice, as amended, 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.
11. The Grantee is advised that providing false, fictitious or misleading information with
respect to NSP3 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.
12. 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 NSP3 grants.
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This NSP3 Grant Agreement is binding with respect to HUD in accordance with its terms upon
the execution by HUD in the space provided below, subject to execution on behalf of the
Grantee.
The United States Department of
Housing and Urban Development Weld County, CO.
� � age
/ � „A.Sig ture of Autthorized Official 'gnature of Authorized
kit y 1� ' �r/A Barbara Kirkmeyer
Name of Authorized Official n / Name of Authorized Official
kb CI ) ) 1/ ec Iv' Chair, Board of Weld County Commissioners
Title of A�orized Official Title of Authorized Official
' /c�1 �/ 3/23/2011
D e of Signature Date of Signature
84-6000813
Grantee Tax Identification Number
&9//—D 79,5
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