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HomeMy WebLinkAbout940378.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING CDBG APPLICATION FOR SMALL BUSINESS ASSISTANCE FUNDS; AWARD $100,000 CDBG LOAN TO POULSEN ACE HARDWARE OF EATON; COMMUNITY DEVELOPMENT AND HOUSING NEEDS, INCLUDING THE NEEDS OF LOW AND MODERATE INCOME PERSONS, AS WELL AS OTHER NEEDS IN THE COMMUNITY THAT MIGHT BE ADDRESSED THROUGH THE CDBG PROGRAM; THE PERFORMANCE OF THE COUNTY OF WELD IN CARRYING OUT ITS COMMUNITY DEVELOPMENT RESPONSIBILITIES; AND AUTHORIZING CHAIRMAN TO SIGN ANY NECESSARY DOCUMENTS 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, on April 25, 1994, at 9:00 a.m. , a public hearing was held to obtain citizen views and to respond to proposals and questions related to: 1. The proposed CDBG application for small business assistance funds. 2. The award of a $100, 000 CDBG loan to Poulsen Ace Hardware of Eaton approved on March 17, 1994. 3. Community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program. 4. The performance of the County of Weld in carrying out its community development responsibilities. WHEREAS, the Board has been presented with a Community Development Block Grant Application for Small Business Revolving Loan Fund Programs in the amount of $250,000 to be submitted to the Office of Economic Development, State of Colorado, by the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Greeley/Weld Economic Development Action Partnership, with terms and conditions being as stated in said application, and WHEREAS, the Board has been presented with a Community Development Block Grant Application for Small Business Revolving Loan Fund Programs in the amount of $100, 000 to be awarded to Poulsen Ace Hardware of Eaton (previously approved on March 17, 1994) to be submitted to the Office of Economic Development, State of Colorado, by the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Greeley/Weld Economic Development Action Partnership, with terms and conditions being as stated in said application, and WHEREAS, after review, the Board deems it advisable to approve said applications, copies of which are attached hereto and incorporated herein by reference. 940378 PUBLIC HEARING - CDBG APPLICATION & POULSEN ACE HARDWARE PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Community Development Block Grant Application for Small Business Revolving Loan Fund Programs in the amount of $250,000 and the Community Development Block Grant Application for Small Business Revolving Loan Fund Programs, in the amount of $100,000 to be awarded to Poulsen Ace Hardware of Eaton (previously approved on March 17, 1994) to be submitted to the Office of Economic Development, State of Colorado, by the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Greeley/Weld Economic Development Action Partnership, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said applications. BE IT FURTHER RESOLVED by the Board that the Revolving Loan Fund documents, be, and hereby are, closed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D. , 1994, nunc pro tunc March 17, 1994. Ladd? WELDD OF TYUNCO COMMISSIONERS ATTEST: WELD COUNTY, CO ORADO Weld County Clerk to the Board (/V "J�/-"�` 4`-(/ �/ W. H. Webster, Ch irman BY: a Ic����Gt..e-r.f/i-, Deputy caerk to the Board Dal K. Hall, fro-Tem APPROVE AS TO FORM: 4'4 c . k Georg E. Baxter County Attorneyl AanLHar/bert/ 'Barbara J. Kirkm er 940378 HEARING CERTIFICATION DOCKET NO. 94-36 RE: CDBG APPLICATION TO PROVIDE SMALL BUSINESS ASSISTANCE FUNDS; AWARD CDBG LOAN TO POULSEN ACE HARDWARE; DETERMINE COMMUNITY DEVELOPMENT AND HOUSING NEEDS; AND RECEIVE INPUT ON THE PERFORMANCE OF WELD COUNTY IN CARRYING OUT ITS COMMUNITY DEVELOPMENT RESPONSIBILITIES A public hearing was conducted on April 25, 1994, at 9:00 a.m. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Bruce Barker Director of Finance and Administration, Donald Warden The following business was transacted: I hereby certify that pursuant to a notice dated April 13, 1994, and duly published April 14, 1994, in the Windsor Beacon, a public hearing was conducted to obtain citizen views and to respond to proposals and questions related to: 1) The proposed Community Development Block Grant (CDBG) application for small business assistance funds; 2) The award of a $100, 000 CDBG loan to Poulsen Ace Hardware of Eaton on 3/17/94; 3) Community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program; and 4) The performance of the County of Weld in carrying out its community development responsibilities. Donald Warden, Director of Finance and Administration, made this a matter of record. He explained Weld County is sponsoring the grant and Economic Development Action Partnership (EDAP) is administering it. Mr. Warden stated the CDBG application is for $250,000 for the Weld/Larimer Revolving Loan Fund (RLF) . He explained the second issue concerns $100,000, which was granted to Poulsen on March 17, 1994, and the third and fourth issues concern community development housing needs and the performance of the County in carrying out its responsibilities. Bill Argo and Jodi Hartman of EDAP were present, and Ms. Hartman explained the small-business benefits and an activity report which she submitted to the Board. She explained their primary objective is to create jobs for low to moderate income people. Responding to questions from the Board, Ms. Hartman indicated they work with defaulting companies significantly to arrange flexibility in payment terms and in some cases liquidate assets. Mr. Argo indicated the RLF Loan Committee consists of three members each from Weld County and Larimer County, and they track cash flow very closely. Ms. Hartman stated she had attended a National conference concerning the RLF program and learned that up to 75 percent default on loans. She explained HUD is changing its criteria to eliminate some risks; however, the State of Colorado is doing very well considering the program is very high-risk. Mr. Argo reiterated that the loan committee is very tough on its applicants and requires proof of need and ability to repay. No public testimony was offered concerning this matter. Mr. Warden indicated the Board should approve and sign the CDBG application for $250, 000, confirm the Poulsen Contract, and close out the documents for the RLF. Commissioner Harbert so moved, and Commissioner Kirkmeyer seconded the motion which carried unanimously. 940378 ;- ZOO/8 RE: HEARING CERTIFICATION - CDBG APPLICATION & POULSEN ACE HARDWARE PAGE 2 This Certification was approved on the 27th day of April, 1994. ��' APPROVED: ATTEST: t BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADDO� Weld County Coou�/J Clerk to the Board ,, J By: 'v4 mit/ a nt., W. H. Webster, C airman Deputy Cleek to the Board TAPE #94-21 em Da a ., Ha , Pro- em/ eorge . Baxter DOCKET #94-36 FI0018 Constance L. Harbert �E CZ A‘c /Barbara J. Kirkmeyer 940378 STATE OF COLORADO Office of Business Development TO: Mr. Jaime Gomez,Manager Finance&Job Training Program Colorado Office of Business Development 1625 Broadway, Suite 1710 Denver,Colorado 802O2 (303) 892-3840 FROM: William J. Argo,CID,Administrator Weld/Larimer Revolving Loan Fund DATE: April 25, 1994 "Small Cities" Community Development Block Grant Program 1993 APPLICATION MATERIALS for Revolving Lean Funds Contents Application White Applicant Statement of Assurances and Certifications White Citizen Participation Plan Yellow Public Notice and Notice of Hearing Gold Community Development Plan Pink Residential Antidisplacement/Relocation Assistance Plan Green Intergovernmental Agreement Blue 1 910378 State of Colorado Office of Business Development COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR SMALL BUSINESS REVOLVING LOAN FUND PROGRAMS Applicant: Weld Coun y - Principal Applicant Date: April 25. 1994 Address: 915 10th Street Phone: ( 303 ) 356-4000 City,State, Zip: Greeley. Colorado 80631 Contact: Don Warden Title: Director of Finance & Administration Sub-Grantee: Greeley/Weld Economic Development Action Partnership (EDAP) Address: 810 9th St.. 2nd Floor. P.O. Box S Phone: ( 303 ) 356-4565 City, State,Zip: Greeley. Colorado 80631 Contact: Jodi Hartmann Title: RLF Manager Service Area: Non-Entitlement Areas of Weld and Larimer Counties Funds Requested: $ 275.000 Proposed Budget: Activity Amount Source Status 1. Assistance to Businesses $250,000 CDBG Pending 2. Administration $ 60,000 CDBG: $25,000 Pending EDAP: $30,000 Committed Prog. Income Applied to Admin.: $ 5,000 Subject to CDBG funds released 3. Other None 4. Please outline the proposed administrative budget for one year for the revolving loan fund. (See next page) 2 94037S RLF BUDGET (One Year) Estimated Total Cost of Budget Line Items/ Line Item/Activity Project Activities (Total Funds Regyired2 CDBG Funds Other TOTAL. Requested Funds Source A. ADMINISTRATION: personnel (list by position) Bill Argo,PresJRLF Administrator $ 4,000 Cathy Schulte, V.Pres./RLF Mktg. 8,000 Jodi Hartmann,V.Pres./RLF Manager 26,500 Laura Sullivan,Secretary/Reception. 1.100 Total Personnel Costs: $39,600 $16,632 $19,800 EDAP match 3,168 Program Income Operating: Employee Training $ 1,000 Meeting Expenses 200 Postage 250 Printing/Marketing 500 Telephone&FAX 1,000 Bank Charges 100 Office Supplies 150 Computer Usage 1,000 Accounting/Audit 1,000 Miscellaneous 250 Total Operating Costs: $ 5,450 $2,289 $2,725 EDAP match 436 Program Income Travel: Mileage Reimb. $ 1,000 $ 420 $ 500 EDAP match 80 Program Income Other: Project Closing Costs $2,000 Legal Fees-collection 10.000 Total Other Costs $12,000 $5,040 $6,000 EDAP match 9.fil Program Income TOTALS $58,050 $24,381 $29,025 EDAP match 4,644 Program Income B. OTHER FUNDS REQUESTED OR COMMITED: None 3 9 ;0378 Please describe how the proposed RLF policies address the following required elements: 1. Job Creation: The focus of assistance will be on gap financing of new and existing business expansions which result in job creation. Based on RLF assistance prospects identified (see Attachment A), a minimum of one new job per$10,000 will be created with an average closer to one job per $8,000. Assuming a total of$250,000 is placed in the first year,25 new jobs will be created, with at least 13 of those jobs available to persons in the low to moderate income level. 2. Business Types: Emphasis will be on assistance to manufacturing/processing/distribution oriented businesses. Service and retail business will be considered to only a limited extent if shown to fit other RLF criteria. At least 80% of RLF funds will be committed to assisting manufacturing/processing/ distribution type enterprises. 3. Minimum & Maximum Amounts: Limits will be set at a minimum of$10,000 with maximums at$100,000. Requests in excess of$100,000 will be referred to OBD for direct funding. 4. Leveraging: The leveraging goal of the RLF program will be to leverage at least$2 for every$1 in RLF assistance. Assuming$250,000 is placed, the total leveraged amount in 1994-95 will reach $500,000. 5. Rates&Terms: Typical rates and terms will be at or below local prime,but not less than 3% over a 5 to 7 year term. 6. Fees: The application process fee will be$50 regardless of amount;closing fees will be 2%of the total RLF assistance. 7. Use of Proceeds: Proceeds will include application and closing fees, and recovered principal and interest. All such proceeds will be used to further develop the program and re-capitati7P the fund. 8. Collateral Requirements: All forms of assistance will be collateralized,but as "gap financing" may,of necessity, assume a second or third position. 9. Types of Assistance: (Loans, Equity, guarantees, etc.) RLF assistance will be primarily in the form of loans, including amortized and interest only variations. Consideration will also be given to lease-back arrangements and credit enhancement/guarantee strategies to increase leveraging capability. 4 9403';'S Past Performance CDBG Funds Received: $849,377 Program Income Generated: $67,414 Other Funds Received: Administration (EDAP Match) $96,096 Loans(Private Inv.Leveraging) $1,849,312 Total Funds Loaned: $792,477 Number of I naps Made: 8 Number of Defaults: 2 Amount Defaulted: $410,000 Amount Recovered: In Process-Anticipate Full Recovery of$410,000 Total Funds Lost n/a Number of Jobs Created/Retained: 241 Number of Low/Mod Jobs Created/Retained: 181 Management 1. Please describe your proposed administrative structure. Specify who is responsible for completing defined tasks. Be specific. RLF Administrator. William J.Argo,CID,President of EDAP. Responsible for overall program and sign-off official. RLF Manager: Jodi Hartmann,Vice President of EDAP. Responsible for program management including: CDBG Contract compliance,loan application processing,credit analysis,loan packaging,loan committee coordination,environmental clearance, loan closing,loan servicing,financial reporting,and loan follow-up. RLF Marketing: Cathy Schulte, Senior V.President of EDAP. Responsible for marketing the RLF program through her contacts with business leaders and small business owners as part of EDAP's overall Existing Industry Retention&Expansion Program. RLF Clerical: Laura Sullivan,Administrative Assistant of EDAP. Responsible for acting as receptionist for RLF Program and assisting Jodi Hartmann with clerical support as needed. 2. Describe the composition of your loan committee. Describe its relationship to a governing board. The County Commissioners in each of the two counties represented by the RLF Program,Weld and Larimer County, appoint three members to the six-member loan committee. Attachment B lists the members of the current loan committee. The RLF Administrator,Bill Argo,serves as an ex-officio member of the loan committee. Committee members serve staggering three-year terms. The Loan Committee is responsible for reviewing loan packages presented by the RLF Manager and recommending projects for funding. In recommending a project for funding,the Loan Committee considers the appropriateness of the project to the area,the credit risk,interest rate and term,market potential and economic development benefits. The Loan Committee also established and periodically amends the Loan Policies of the RLF. The overall administration of the RLF Program is governed by the MAP Board of Directors. The RLF Manager reports loan activity and funding status at the Board's monthly business meeting. Administrative issues and collection problems are discussed with the Board,and if necessary,the Loan Committee is included in decision making. 5 940373 3. Describe the relationship between the RLF and the unit of local government which is sponsoring this application. The Weld/Larimer RLF is administered by the Greeley/Weld Economic Development Action Partnership(EDAP)by a sub-contract agreement with Weld County,the lead applicant See Attachment C which is a copy of a previously executed sub-contract agreement. A Weld County Commissioner serves as a member of the EDAP Board of Directors as does the Director of Finance and Administration for Weld County. Both of these individuals are updated monthly on RLF program activities at EDAP Board Meetings,and the Director of Finance communicates regularly with EDAP staff in implementing various RLF activities. 4. Describe the relationship between the RLF and lending institutions in the service area. Since establishment of the Weld/Larimer RLF program in 1990,the RLF has worked to build working relationships with local lenders.Initially,the RLF experienced some difficulty in communicating to lenders the benefits of the RLF. Once lenders worked with the program however,they understood its benefits to those projects which could not qualify for conventional financing,and we began to receive referrals from lenders. We've now built a modest network of lenders which we feel comfortable in referring clients to, and who regularly refer clients to us. We recognize the importance of the lender relationship and that them is mom for improvement in our RLF. EDAP plans to continue to market the program to private lenders and business leaders. Also,as we continue to streamline and improve the application process for RLF loans we feel our credibility will improve even further. 5. How does the RLF relate to other economic development activities in the area? Since the Weld/Larimer RLF is administered by the economic development office for Weld County,it is easily integrated into EDAP's regular program activities. In addition,EDAP works closely with the Small Business Development Center(SBDC)at the Greeley/Weld Chamber of Commerce. The SBDC provides small business and start-up counseling services to Weld County residents. In Larimer County,EDAP works with the Small Business Development Center in Loveland in referring clients to the RLF,as well as communicates with the Larimer County Economic Development CounciL The economic development offices of Loveland and Fort Collins also work with the RLF by referring clients. 6. Please attach a proposed project list. The list should include: type of project; amount requested; and status. See Allachment A 6 940378 To the best of my knowledge and belief,statements and data in this application are true and correct and its submission with attached Statement of Assurances and Certifications has been duly authorized by the governing body of all participating jurisdictions. G(.4<-4 tutzttim Weld County Signature,Chief Elected Official JJJJ Jurisdiction s,arimer County Signature,Chief Elected Official Jurisdiction Date 7 9403'78 ATTACHMENT A Prospects for RLF Assistance Estimated J.ocation Type Amount Status Campion Gourmet Bagel $ 62,000 Finalizing private sector manufacturer. fmancing commitment Create 12 jobs. Working capital loan. Larimer Co. Emergency $ 80,000 In application stage. Need medical equip. working capital. manufacturer. Create 8 jobs. FL Lupton Modular housing $100,000 + In application stage. Need manufacturer. working capital. Would Retain 50-80 jobs. refer to state if in excess of $100,000. Gilcrest Truss manufacturing. $ 40,000 + Have discussed program Create 10-20 jobs. several times. Completing application. Weld County Manufacturer of kit $ 50,000 Locational decision within airplanes. Create 20 6 months. RLF application jobs. to follow. Weld County Manufacturer of air- $ 60,000 Locational decision within plane parts. Create 8 months. RLF application 10-15 jobs. to follow. Pierce Egg processing $100,000 + Working to finalize complete facility. Create 50-60 financial package. RLF jobs. application to follow. Berthoud Dinner theatre. $ 80,000 Working on private lender Retain 20 jobs. financing. RLF application to follow. 910378 Attachment B Weld/Larimer Revolving Loan Fund LOAN COMMITTEE Larimer County: Weld County: Kathy Kregel, Director John Dollarhide, CPA Loveland Center for Bus. Dev. Dollarhide & Schwartz 200 E. 7th St., #304 1122 9th St. Loveland, CO 80537 Greeley, CO 80631 667-0905 352-7497 Term Expires: 12/31/96 Term Expires: 12/31/96 Ron Schneider, Loan Officer Rich Mollander, Stock Broker Bank One, Loveland Paine Webber 200 E. 7th St. Bank One Plaza, Suite 310 Loveland, CO 80537 Greeley, CO 80631 667-3443 353-8010 Term Expires: 12/31/95 Term Expires: 12/31/95 Chris Zell, Private Developer Harold Winograd, Owner P.O. Box 1267 Winograd's Steel & Supply, Inc. Ft. Collins, CO 80525 P.O. Box 1765 221-2520 Greeley, CO 80632 Term Expires: 12/31/94 352-6722 Term Expires: 12/31/94 t Q PA p L E Attachment C SUBCONTRACT AGREEMENT BETWEEN WELD COUNTY AND GREELEY/WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP THIS AGREEMENT is entered into this day of 1994, by and between the Weld County Board of County Commissioners (hereinafter "the County") and the Greeley/Weld Economic Development Action Partnership (hereinafter "EDAP"). WITNESSETH: WHEREAS, the county has received a Community Development Block Grant (CDBG) award of $ from the State of Colorado Department of Local Affairs pursuant to Contract Number (hereinafter "the Contract") to provide a loan to , at , Colorado, for the purpose of encouraging economic diversification and job creation in Weld and Larimer Counties, Colorado, and; WHEREAS, EDAP has been designated to administer these CDBG funds on behalf of Weld County, the lead applicant; NOW, THEREFORE, in consideration of the mutual promises and convenants contained herein, the parties hereto agree as follows: 1. The CDBG funds will be utilized in the furtherance of economic growth, creation of jobs and fulfillment of the purposes set forth in the Contract Scope of Services found in Exhibit A, which is attached hereto and made a part of this agreement. 2. The CDBG funds shall be requested by EDAP from the Department of Local Affairs as prescribed in Part X, Section II of the Community Development Block Grant Program 1984 Grantee Handbook, and placed in Bank One, Greeley, a Federally Insured Depository, in the name of the Weld/Larimer Revolving Loan Fund. Coordination between the county and EDAP shall be made to ensure consistency with the fund request procedures as established for the CDBG program. 3. It is agreed that the CDBG program income will be used for future business development and expansion loans. Program income shall consist of all income derived from the use of CDBG funds. 940378 Attachment C - cont'd 4. EDAP will comply with all terms and conditions of the Contract and all applicable laws in carrying out project operations, and shall assign management and coordination responsibilities to Jodi Hartmann, Manager of the Weld/Larimer Revolving Loan Fund program. 5. EDAP will provide for an audit of the CDBG program as part of its annual audit report, and will provide all program documentation to the County for audit. 6. EDAP anticipates adequate funding levels for its organization during the term of the agreement. In the event any difficulties are projected which might potentially affect any part of its administrative obligations under this agreement, EDAP will inform the County and make every effort to seek appropriate solutions or identify alternative arrangements in order to meet Contract requirements. 7. EDAP shall fulfill all administrative and reporting requirements of CDBG as required per the attached CDBG Contract, Exhibit A, which is attached and made a part of this agreement, to ensure full grant compliance on the County's behalf at all times. 8. EDAP agrees to reimburse the County for any funds disallowed or penalties under the CDBG due to any administrative error or omission, fraud, theft, or negligence by EDAP or EDAP's staff. EDAP shall indemnify the County for any and all liability or loss suffered by the County and resulting from any such administrative error or omission, fraud, theft, or negligence by EDAP or EDAP's staff. 9. EDAP agrees to prepare all necessary environmental reviews, public notices, loan documents, and other documents required to comply with the CDBG rules and regulations. The Weld County Attorney shall review and approve as to form all loan documents prior to execution of this project. 10. EDAP shall prepare the quarterly progress reports within 15 days following the end of the quarter under this grant and present them to the County for approval and signing. The EDAP President, William J. Argo, shall be authorized to sign the Requests for Advance or Reimbursement and the Quarterly Financial Status Report. These latter two documents shall be reviewed by the County's Finance Officer prior to transmittal and a copy retained for county records. 11. EDAP shall maintain all public records for this HUD-CDBG program at their corporate offices and provide public access to these records during normal business hours. Personal financial records and other confidential information concerning individual borrowers under the program shall be held confidential and with limited access as identified in the loan policy statement. Actual loan documents, including the amount and terms of the loan and other contracts shall be made available upon request. The County shall have unlimited access to all records pertaining to this loan. 910378 Attachment C - cont'd 12. EDAP shall be allowed to retain all forms of program income. Upon dissolution these funds shall be returned to the County. 13. This agreement may be amended or assigned in writing by the mutual agreement of the parties. 14. This agreement entered into this day of 1994, shall be in force during the Grant Period and shall terminate upon completion of all project close-out requirement as specified in the 1984 Grantee Handbook. For non-performance by EDAP, the County can terminate this Agreement with seven (7) days notice to EDAP. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: William H. Webster, Chairman BY: Deputy Clerk to the Board GREELEY/WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP BY: Chairman SUBSCRIBED AND SWORN to before me this day of , 1994. WITNESS my hand and official seal. Notary Public My Commission Expires: 310378 State of Colorado Office of Business Development Community Development Block Grant Program APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The applicant hereby assures and certifies that: (a) It: (1) Possesses legal authority to apply for the grant and to execute the proposed project,and its governing body has duly adopted or passed as an official act a resolution,motion or similar action authorizing the filing of the application,including all understandings and assurances contained therein,and directing and authorizing the applicant's chief executive officer and/or other designated official representatives to act in connection with the application and to provide such additional information as may be required;and (2) Has developed its application,including its projected use of funds, so as to give maximum feasible priority to activities which will benefit low and moderate income persons or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the State from approving an application where the applicant certifies and the State determines,that all or part of the proposed project activities are designed to meet other community development needs that have arisen during the preceding twelve-month period and have particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs.) (b) It is following a detailed citizen participation plan which: (1) Provides for and encourages citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which Community Development Block Grant (CDBG) funds are proposed to be used; (2) Provides citizens with reasonable and timely arrecs to local meetings, information, and records relating to its proposed and actual use of CDBG funds; (3) Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the applicant; , ,,,_ (4) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program,including at least the development of needs,the review of proposed activities,and review of program performance,which hearings shall be held after adequate notice at times and locations convenient to potential or actual beneficiaries,and with accommodation for the handicapped; (5) Provides for a timely written answer to written complaints and grievances,within 15 working days where practicable;and (6) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. 1 (c) It has provided for and encouraged citizen participation,with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used,by: (1) Furnishing citizens information concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income and its plans for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result df such activities; (2) Publishing a proposed project plan/application in such a manner to afford citizens an opportunity to examine its content and to submit comments on the proposed project plan/application and on the community development performance of the jurisdiction(s); (3) Holding one or more public hearings, as indicated below, to obtain citizen views and to respond to proposals and questions related to community development and housing needs, proposed activities and past CDBG performance. All hearings were held no sooner than five days after notice,at times and locations convenient to potential or actual beneficiaries,and with accommodation for the handicapped and for the needs of non-English speaking residents where a significant number of such residents could have been reasonably expected to participate. Applicant/Participant• Date Time Location • In the case of a"multi-jurisdictional"application,each participating municipality and county must hold at least one public hearing. (4) As applicable, providing citizens with reasonable and timely access to local meetings, information and records regarding its proposed and past use of CDBG funds; (5) In preparing its project plan/application,considering any such comments and views and, if deemed appropriate,modifying the proposed project plan/application; (6) Making the final project plan/application available to the public; (7) Identifying its community development and housing needs, including the needs of low and moderate income persons,and the activities to be undertaken to meet such needs. 2 940378 (d) ' In the event it is awarded CDBG funds by the State,it will: (1) Follow a residential antidisplacement and relocation assistance plan which shall: (A) In the event of such displacement,provide that: (i) Governmental agencies or private developers shall provide within the same community comparable replacement dwellings for the same number of occupants as could have been housed in the occupied and vacant occupiable low and moderate income dwelling units demolished or converted to a use other than for housing for low and moderate income persons,and provide that such replacement housing may include existing housing assisted with projected based assistance provided under section 8 of the United States Housing Act of 1937; (ii) Such comparable replacement dwellings shall be designed to remain affordable to persons of low and moderate income for 10 years from the time of initial occupancy; (iii) Relocation benefits shall be provided for all low or moderate income persons who occupied housing demolished or converted to a use other than for low or moderate income housing, including reimbursement for actual and reasonable moving expenses,security deposits,credit checks,and other moving-related expenses,including any interim living costs;and,in the case of displaced persons of low and moderate income,provide either. (I) compensation sufficient to ensure that, for a 5-year period, the displaced families shall not bear,after relocation,a ratio of shelter costs to income that exceeds 30 percent;or (II) if elected by a family,a lump-sum payment equal to the capitalized value of the benefits available under subclause (I) to permit the household to secure participation in a housing cooperative or mutual housing association: (iv) Persons displaced shall be relocated into comparable replacement housing that is: (I) decent,safe,and sanitary; (II) adequate in size to accommodate the occupants; (III) functionally equivalent;and (IV) in an area not subject to unreasonably adverse environmental conditions; (B) persons displaced shall have the right to elect,as an alternative to the benefits under this subsection to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 if such persons determine that it is in their best interest to do so; and (C) where a claim for assistance under subparagraph (A)(iv) is denied by grantee, the claimant may appeal to the State, and that the decision of the State shall be final unless a court determines the decision was arbitrary and capricious. (2) Comply with the provisions of the above paragraph(1) except that paragraphs(A)(i) and (A)(ii)shall not apply in any case in which the Secretary of the U.S.Department of Housing 3 and Urban Development finds,on the basis of objective data,that there is available in the area an adequate supply of habitable affordable housing for low and moderate income persons. A determination under this paragraph is final and non-reviewable. (3) Provide citizens with reasonable notice of, and opportunity to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity to another by following the same procedures required in paragraphs(b)and(c)for the preparation and submission of the final project plan/application. (e) It will: (1) Minimize displacement of persons as a result of activities assisted with CDBG funds and provide for reasonable benefits to any person involuntarily and permanently displaced as a result of the use of COG funds to acquire or substantially rehabilitate property; (2) Affirmatively further fair housing in addition to conducting and administering its project in conformity with Public Law 88-352 and Public Law 90-284 as certified in paragraph (h) hereinafter, (3) Not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income,including any fee charged or assessment made as a condition of obtaining access to such public improvements,.unless: (A) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than the CDBG program,or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income who are not persons of low income,it certifies that it lacks sufficient CDBG funds to comply with the requirements of subparagraph(A); (f) Its chief executive officer or other officer of the applicant approved by the State: (1) Consents to assume the status of responsible Federal official under the National • Environmental Policy Act of 1969(NEPA) and other provisions of Federal law,as specified in.24 CFR Part 58,which further the purposes of NEPA, insofar as the provisions of such Federal law apply to the Colorado Community Development Block Grant(CDBG)Program; (2) Is authorized and consents on behalf of the applicant and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an officiaL (g) It will comply with the financial management regulations,policies,guidelines and requirements set forth in the CDBG Grantee Handbook. (h) It will comply with: (1) Section 110 of the Housing and Community Development Act of 1974,as amended,and any State regulations regarding the administration and enforcement of labor standards; (2) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all contracts and subcontracts which exceed$2,000 for federally-assistedconstruction,alteration or rehabilitation,laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as 4 940378 • determined by the Secretary of Labor. (This requirement applies to the rehabilitation of residential property only if such property is designed for use of eight or more families.) (3) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that mechanics and laborers employed on federally-assisted contracts which exceed$2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week. (4) Copeland"Anti-Kickback"Act of 1934(40 USC 276 (c))prohibiting and prescribing penalties for'kickbacks"of wages in federally-financed or assisted construction activities. (i) It will comply with:. (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88352; 42 USC 2000 (d)) prohibiting discrimination on the basis of race,color, religion or religious affiliation,or national origin in any program or activity receiving federal financial assistance. (2) The Fair Housing Act(42 USC 3601-20),as amended,prohibiting housing discrimination on the basis of race,color,religion,sex,national origin,handicap and familial status. (3) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as amended, providing that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Title I (Community Development)of the Act. (4) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race,color,religion,sex or national origin in the sale or rental of housing built with federal assistance. (5) Executive Order 11246 (1965), as amended by Executive Orders 11375 prohibiting discrimination on the basis of race, color, religion,sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of $2,000. (6) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)), as . amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD-financed projects,will be given to lower-income persons in the unit of the project area,and that contracts be awarded to businesses located in the project area or to businesses owned,in substantial part,by residents of the project area. (7) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended,providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation(including employment),denied program benefits or subjected to discrimination under any program or activity receiving federal funds. (8) Age Discrimination Act of 1975, (42 USC 6101),as amended,providing that no person shall be excluded from participation,denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. (j) It will comply with: (1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title III,Real Property Acquisition (Pub.L.91-646 and HUD implementing regulations at 24 CFR Part 42), providing for uniform and equitable treatment of persons displaced from their 5 940378 homes,businesses,or farms by federal or federally-assistedprograms and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition,specific procedures for selecting contract appraisers and contract negotiations,furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price,and specified procedures connected with condemnation. (2) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 — Title II,Uniform Relocation Assistance (Pub.L 91.646 and HUD Implementing regulations at 24 CFR Part 42),providing for fair and equitable treatment of all persons displaced as a result of any federal or federally-assisted program. Relocation payments and assistance,last-resort housing replacement by displacing agency,and grievance procedures are covered under the Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to 522,500 for each qualified homeowner or up to 55,250 for each tenant are required to be paid. (k) It will comply with: (1) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality(40 CFR Parts 1500-1508)providing for establishment of national policy,goals,and procedures for protecting,restoring and enhancing environmental quality. (2) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring consideration of the effect of a project on any district,site,building,structure or object that is included in or eligible for inclusion in the National Register of Historic Places. (3) Executive Order 11593,Protection and Enhancement of the Cultural Environment,May 13, 1971 (36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of sites,structures and objects of historical,architectural or archaeological significance. (4) The Archaeological.and Historical Data Preservation Act of 1974, amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost due to federally-funded development and construction (5) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits undertaking certain activities in flood plains unless it has been determined that there is no practical alternative,in which case notice of the action must be provided and the action must be designed or modified to minimize potential damage. (6) Executive Order 11990,Protection of Wetlands,May 24,1977(42 FR 26961 et seq.)requiring review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new construction located in wetlands must be avoided unless it is determined that there is no practical alternative to such construction and that the proposed action includes all practical measures to minimize potential damage. (7) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended, prohibiting the commitment of federal financial assistance for any project which the Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area. 6 910378 r (8) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions authorized,funded,or carried out by the federal government do not jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of the habitat of such species which is determined by the Department of the Interior,after consultation with the State,to be criticaL (9) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal assistance in the construction of any water resources project that would have a direct and adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System: (10) The Clean Mr Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementationplan for national primary and secondary ambient air quality standards. (11) HUD Environmental Criteria and Standards (24 CFR Part 51)providing national standards for noise abatement and control,acceptable separation distances from explosive or fire prone substances,and suitable land uses for airport runway clear zones. (I) It will: (1) Comply with The Lead-Based Paint Poisoning Prevention Act — Title IV (42 USC 4831) prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance,and requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of the symptoms and treatment of lead-based paint poisoning. (2) Comply with the Armstrong/Walker "Excessive Force" Amendment, (P.L. 101-144) and Section 906 of Cranston-Gonzalez Affordable Housing Act of 1990, which requires that a recipient of HUD funds must certify that they have adopted or will adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within their jurisdiction against individuals engaged in non-violent civil rights demonstrations;or fails to adopt and enforce a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. (3) Comply with the"Government-wide Restriction on Lobbying,(P.L.101-121),which prohibits spending CDBG funds to influence or attempt to influence federal officials;which requires the filing of a disclosure form when non-CDBG funds are used for such purposes;which requires certification of compliance by the state;and which requires the state to include the certification language in grant awards it makes to units of general local government at all tiers and that all subrecipients shall certify accordingly as imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than$10,000 and not more than$100,000 for each failure. (4) Give the State,the U.S.Department of Housing and Urban Development(HUD),and any authorized representatives access to and the rights to examine all records,books,papers or documents related to the application and grant; and (m) It will comply with all parts of Title 1 of the Housing and Community Development Act of 1974, as amended,which have not been cited previously as well as with other applicable laws and regulations. 7 940378 • • Signature,Chief Elected Official Signature,Chief Elected Official•• William H. Webster Janet Duvall Name(typed or printed) Name(typed or printed) Chairman. Weld Co. Commissioners Chair, Larimer Co. Commissioners Title Title 4/25/94 4/27/94 Date Date Signature,Chief Elected Official Signature,Chief Elected Official•• Name(typed or printed) Name(typed or printed) Title Title Date Date Signature,Chief Elected Official Signature,Chief Elected Official'• Name(typed or printed) Name(typed or printed) Title Tide , Date Date Additional signatures are required only in the case of "multi jurisdictional" applications. If this is a multi jurisdictional application,the Chief Elected Official of each municipality and county participating in the application must sign. g 94037S CITIZEN PARTICIPATION PLAN for the Community Development Block Grant(CDBG)Program Pursuant to Section 104(a(3) of the Housing and Community Development Act of 1974, as amended, this Citizen Participation Plan is hereby adopted to ensure that the citizens of Weld County , particularly persons of low and moderate income residing in slum and blight areas in which CDBG funds are proposed to be used, are provided the opportunity and encouraged to participate in the planning and implementation of CDBG-funded activities. PUBLIC HEARING Public hearings will be the primary means of obtaining citizen views and responding to proposals and questions related to community development and housing needs, proposed CDBG activities and past CDBG performance. Prior to submitting a CDBG application to the State, Weld County will conduct at least one public hearing to identify community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program, and to review proposed CDBG activities and the past performance of Weld County in carrying out its CDBG responsibilities. In the event CDBG funds are granted by the State, Weld County will conduct at least one additional public hearing to allow citizens to review and comment on its performance in carrying out its CDBG program. A formal public notice will be published in a newspaper of general circulation in the area at least five (5) days prior to such public hearings. A public notice will also be posted in the Weld County Administrative Offices.915 10th Street. 3rd Floor and in other places frequented by the public,especially low and moderate income persons and persons benefiting from or affected by proposed CDBG activities. As circumstances warrant and as Weld County determines necessary of appropriate, participation may additionally be specifically solicited from persons of low and moderate income, those benefitting from or affected by CDBG activities and/or representatives of such persons. Hearings will be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for the handicapped. In the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate,arrangements will be made to have an interpreter present. PUBLIC INFORMATION AND RECORDS Information and records regarding the proposed and past use of CDBG funds will be available at the offices of the Weld/Larimer Revolving Loan Fund. 810 9th St.. 2nd Floor. Greeley. during regular office hours. The public will be so informed by public notice. TECHNICAL ASSISTANCE Weld County will provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing CDBG proposals. The level and type of assistance appropriate will be determined by Weld County based on its ability to provide or arrange for such assistance,the cost of providing such assistance and other relevant factors. 1 940378 WRITTEN COMMENTS AND RESPONSES Weld County will respond to written complaints and grievances in writing in a timely manner. When practical, such written responses shall be made within fifteen (15) working days. Aet Z(/01,//: William . Webster,Chairman, ld ounty Commissidners Dal NOTE 1: EACH MUNCIPALTTY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI- JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A CITIZEN PARTICIPATION(CP) PLAN. NOTE 2: CITIZEN ADVISORY COMMIITELS ARE NOT REQUIRED. IF ONE IS PROPOSED HOWEVER,ITS ROLE AND COMPOSITION SHOULD BE INCLUDED IN THIS CP PLAN. 2 I 9403.79 tt p WFco e p O. O1 a '63 --.,6-.. La Z c 8 W O t' cn p m We Q3 3 to'E .2 -o 2 Oaf 3 S o a - o 8 co 3 0 5 •c, o o 0 Y C y m o spa 8 E C bwvOi .b E a a 6, co a OFr a o v > P�; tp E a w.4 � p y a a .9,:.2. O w a tJ 0 o �' aPO a�i 3 a, a U FCC C N Lq�`' 9�'" (Y"y o C Z$EE o c o u a 0 E .. hU W1 �� a us � e '� 00 pE gory Cv of ca 5 8 a• O N V t O.r.-I' o E wm in Ucu mo tw au m u m H . ,. P 8e Z cn ? CU E `8 O°q 0 0 0 v. 0 Z m a a� 5 0 0 0 "till A I 0 0 ai U - a" F8U U.S Uoo U U U-� u I- 'o a v y c 8i y v q 7 it a o p a�0 El yak w i La €1) Slat U abo E S a z � o a b ± p co•m 9' o > > 3 w .01u UE' w ix 8 'EtuE org a la y to v •0 0 o ii E o 701 0 0 2O J pO 0.O � � � 0 U � � [/• .h 0 }}a;�1 U O � G � c� ? C 'O0 E ' U al d C iza p w O '. p a ,C 2 2 q b.9,2 E o a� U Dig E 0 r of U o °�. 's 3 to w cd o >o, b 2 � 8 2'v z �'a o N U w O 56 °a o ? so o 0 Vs= uUa 8oU Uo a r v cC 4 in 940378 RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN for the Community Development Block Grant (CDBG) Program The County of Weld will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than as low/moderate income housing as a direct result of activities assisted with CDBG funds, as required by Section 104(D) of the Housing and Community Development Act of 1974, as amended (the Act), and implementing regulations at 24 CFR 570.496a. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County of Weld 'will make public and submit to the State the following information in writing: "-r 4r` 1. Description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate dwelling units as a direct result of the assisted activity. 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size, (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; and, 6. The basis for concluding that each replacement dwelling unit will remain a low/ moderate income dwelling unit for at least 10 years form the date of initial occupancy. The County of Weld will provide relocation assistance, as described in 570.496a(b)(2), to each low/moderate income household displaced by the demolition of housing or by the conversion of a low/moderate income dwelling to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the County of Weld will take the steps indicated below to minimize the displacement of persons from their homes:' • The following are examples of steps to minimize displacement. The first two are required. The others are optional. Only check those which are appropriate for the Dr(Ject and local circumstances. Add other steps as necessary or appropriate. X Consider all practical alternatives to any proposed project which may result in residential displacement. Alternatives to be considered include other sites for the proposed facilities/project. Also to be considered are the costs and benefits, moth financial and nonfinancial, of each alternative. X Provide counseling and referral services to assist displacees find alternative housing in the community. X Work with area landlords and real estate brokers to locate vacancies for households facing displacement. 940378 Stage rehabilitation of assisted housing to allow tenants to remain during and after rehabilitation, working with empty buildings or groups of empty units first so they can be rehabilitated first and tenants moved in before rehab on occupied units or buildings is begun. Establish temporary relocation facilities in order to house families whose displacement will be of short duration, so they can move back to their neighborhoods after rehabilitation or new construction. Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent their placing undue financial burden on long-established owners or on tenants of multi-family buildings. Develop displacement watch systems in cooperation with neighborhood organ- izations to continuously review neighborhood development trends, identify displacement problems, and identify individuals facing displacement who need assistance. A / % William H. Webster, Chairman, We d oun Commissionets Date NOTE: (X) EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI-JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION PLAN. • X03'73 INTERGOVERNMENTAL AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT THIS AGREEMENT, made this day of , 1994, by and between the County of Weld and County of Larimer: WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18 of the Colorado constitution and Section 29-1-201, et. seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually. WHEREAS, the parties to this Agreement desire to cooperate in developing and carrying out a Community Development Block Grant (CDBG) project, the purpose of which is to support the Weld/Larimer Revolving Loan Fund, a small business revolving loan fund program. NOW THEREFORE, the parties hereby mutually agree as follows: 1. Designation of Lead Party. Weld County shall act as the lead party in developing and carrying out said proposed CDBG project. 2. Responsibilities of Lead Party. In its capacity of lead party, Weld County shall be the lead jurisdiction in making application to the Office of Business Development for CDBG funds, and shall be the grantee of the State for such funds, if awarded. As the grantee of the State, it shall be fully and solely responsible to the other parties to this Agreement for compliance with all financial management, environmental review, labor standards, civil rights, recordkeeping, reporting and other requirements of the CDBG program contained in the Applicant Statement of Assurances and Certifications, and in the grant contract with the state, except those specified in Paragraph 3 here- inafter. 3. Responsibilities of Each Party. Each party to this Agreement shall be individually responsible for compliance with the following requirements of the CDBG program: a) adopting a required Citizen Participation Plan, and providing to its citizens information and opportunities to comment as required by the State in developing an application and substantially changing project activities; b) identifying its community development and housing needs, including the needs of low and moderate income persons, and the activities to be undertaken to meet such needs; and c) adopting a required Antidisplacement and Relocation Assistance Plan which calls for replacement of demolished or converted low/moderate income housing units and provision of necessary relocation assistance; and, d) taking actions to affirmatively further fair housing. Furthermore, each party shall provide documentation to Weld County demonstrating its compliance with the requirements specified in Paragraph 3, and Weld County shall retain such documentation and other required records and documents for the period of time specified by the State. 940378 4. Contracting. Weld County shall contract with the Greeley/Weld Economic Development Action Partnership (EDAP) or with other eligible individuals or entities to carry out all or any portion of the responsibilities assumed by Weld County under this Agreement and its grant contract with the State. 5. Terms of Agreement. This Agreement shall remain in full force and effect for so long as the parties to this Agreement are pursuing CDBG funding for said proposed project or, if awarded, carrying out such project activities. Any party to this Agreement may, however, terminate its participation in this Agreement six months after providing written notice of such termination to the other parties of this Agreement. This Agreement may be terminated at any time by agreement of all parties to this Agreement unless a grant contract is in effect with the State. In this case, the State mus approve such termination and arrangements for completing the project. 6. Modification and Changes. The terms of this Agreement may be modified at any time by Agreement of all parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. Weld County Larimer County (Lead Party) (Party) ) By:�I �L^t4 I // „2„{ By: William H. Webster Janet Duvall Chairman Chair Weld County Commissioners Larimer County Commissioners 0 April 1990 SUPPLEMENTAL STATEMENT OF ASSURANCES AND CERTIFICATIONS 1990 Community Development Block Grant Program The applicant hereby additionally assures and certifies that: (a) It will comply with the Fair Housing Act (42 USC 3601-20), as amended, which prohibits housing discrimination on the basis of race, color, religion, sex, national origin, handicap and familial status. (b) In accordance with section 519 of Public Law 101-144, the HUD Appropriations Act: (check one) x it has adopted and is enforcing if granted Community Development Block Grant (CDBG) funds by the State, it will adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. (c) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 940378 It is understood that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. > , t�>, L J i 0 , Signature, Chief Elected Official' Signature, Chief Elected Official i. 7/9y gn William H. Webster Janet Duvall Name (Typed or Printed) Name (Typed or Printed) Chairman, Weld Co. Commissioners Chair, Larirler County Commissioners Title Date 4/25/94 Title Date 4/27/94 Signature, Chief Elected Official' Signature, Chief Elected Official' Name (Typed or Printed) Name (Typed or Printed) Title Date Title Date • Signature, Chief Elected Official ' Signature, Chief Elected Official' Name (Typed or Printed) Name (Typed or Printed) Title Date Title Date * Additional signatures are required only in the case of "multi- jurisdictional" applications. If this is a multi-jurisdictional application, the Chief Elected Official of each municipality and county participating in the application must sign. STATE OF COLORADO Office of Business Development TO: Mr. Jaime Gomez, Manager Finance &Job Training Program Colorado Office of Business Development 1625 Broadway, Suite 1710 Denver, Colorado 80202 (303) 892-3840 FROM: William J. Argo,CID, Administrator Weld/Larimer Revolving Loan Fund DATE: April 25, 1994 "Small Cities"Community Development Block Grant Program 1993 APPLICATION MATERIALS for Revolving I,nan Funds Contents Application White Applicant Statement of Assurances and Certifications White Citizen Participation Plan Yellow Public Notice and Notice of Hearing Gold Community Development Plan Pink Residential Antidisplacement/Relocation Assistance Plan Green Intergovernmental Agreement Blue I 940378 State of Colorado Office of Business Development COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR SMALL BUSINESS REVOLVING LOAN FUND PROGRAMS Applicant: Weld County Date: April 25. 1994 Address: 915 10th Street Phone: ( 303 ) 356-4000 City,State, Zip: Greeley, Colorado 80631 Contact: Don Wardon Title: Director of Finance & Administration Sub-Grantee: Greeley/W.p1d Economic Development Action Pajnership(EDAP) Address: 810 9th St.. 2nd Floor. P.O. BQx_S Phone: ( 303 ) 356-4565 City, State, Zip: Greeley. Colorado 80631 Contact: Jodi Hartmann Title: RLF Manager Service Area: Non-Entitlement Areas of Weld and Larimer Counties Funds Requested: $_ 100,000 Proposed Budget: Activity Amount Source Status 1. Assistance to Businesses $100,000 CDBG Approved 2. Administration None 3. Other None 4. Please outline the proposed administrative budget for one year for the revolving loan fund. (See next page) 2 940378 BLF BUDGET (One Year) Estimated Total Cost of Budget Line Items/ Line Item/Activity Project Activities (Total Funds Required) CDBG Funds Other TOTAL Requested Funds Source A. ADMINISTRATION: Personnel (list by position) Bill Argo, Pres./RLF Administrator $ 4,000 Cathy Schulte, V.Pres./RLF Mktg. 8,000 Jodi Hartmann,V.Pres./RLF Manager 26,500 Laura Sullivan,Secretary/Reception. 1.100 Total Personnel Costs: $39,600 $16,632 $19,800 EDAP match 3,168 Program Income Operating: Employee Training $ 1,000 Meeting Expenses 200 Postage 250 Printing/Marketing 500 Telephone&FAX 1,000 Bank Charges 100 Office Supplies 150 Computer Usage 1,000 Accounting/Audit 1,000 Miscellaneous 250 Total Operating Costs: $ 5,450 $2,289 $2,725 EDAP match 436 Program Income Travel: Mileage Reimb. $ 1,000 $ 420 $ 500 EDAP match 80 Program Income Other: Project Closing Costs $ 2,000 Legal Fees-collection 10,000 Total Other Costs $12,000 $5,040 $6,000 EDAP match _2 Program Income TOTALS $58,050 $24,381 $29,025 EDAP match 4,644 Program Income B. OTHER FUNDS REQUESTED OR COMMITED: None 3 940378 Please describe how the proposed RLF policies address the following required elements: 1. Job Creation: The focus of assistance will be on gap financing of new and existing business expansions which result in job creation. An average of one new job per$12,000 will be created . Assuming a total of$100,000 is placed in the first year, 8 new jobs will be created, with at least 5 of those jobs available to persons in the low to moderate income level. 2. Business Types: Emphasis will be on assistance to manufacturing/processing/distribution oriented businesses. Service and retail business will be considered to only a limited extent if shown to fit other RLF criteria. At least 80% of RLF funds will be committed to assisting manufacturing/processing/ distribution type enterprises. 3. Minimum & Maximum Amounts: Limits will be set at a minimum of$10,000 with maximums at$100,000. Requests in excess of$100,000 will be referred to O13D for direct funding. 4. Leveraging: The leveraging goal of the RLF program will be to leverage at least$2 for every $1 in RLF assistance. Assuming $100,000 is placed,the total leveraged amount in 1994-95 will reach $200,000 or more. 5. Rates&Terms: Typical rates and terms will be at or below local prime, but not less than 3% over a 5 to 7 year term. 6. Fees: The application process fee will be$50 regardless of amount;closing fees will be 2% of the total RLF assistance. 7. Use of Proceeds: Proceeds will include application and closing fees, and recovered principal and interest. All such proceeds will be used to further develop the program and re-capitalize the fund. 8. Collateral Requirements: All forms of assistance will be collateralized, but as "gap financing" may,of necessity, assume a second or third position. 9. Types of Assistance: (Loans, Equity, guarantees, etc.) RLF assistance will be primarily in the form of loans, including amortized and interest only variations. Consideration will also be given to lease-back arrangements and credit enhancement/guarantee strategies to increase leveraging capability. 4 Past Performance CDBG Funds Received: $849,377 Program Income Generated $67,414 Other Funds Received: Administration (EDAP Match) $96,096 Loans(Private Inv.Leveraging) $1,849,312 Total Funds Loaned: $792,477 Number of Loans Made: 8 Number of Defaults: 2 Amount Defaulted: $410,000 Amount Recovered: In Process-Anticipate Full Recovery of$410,000 Total Funds Lost: n/a Number of Jobs Created/Retained: 241 Number of Low/Mod Jobs Created/Retained: 181 Management 1. Please describe your proposed administrative structure. Specify who is responsible for completing defined tasks. Be specific. RLF Administrator: William J.Argo,CID,President of EDAP. Responsible for overall program and sign-off official. RLF Manager: Jodi Hartmann,Vice President of EDAP. Responsible for program management including: CDBG Contract compliance,loan application processing,credit analysis,loan packaging,loan committee coordination,environmental clearance, loan closing,loan servicing,financial reporting,and loan follow-up. RLF Marketing: Cathy Schulte,Senior V.President of EDAP. Responsible for marketing the RLF program through her contacts with business leaders and small business owners as part of EDAP's overall Existing Industry Retention&Expansion Program. RLF Clerical: Laura Sullivan,Administrative Assistant of EDAP. Responsible for acting as receptionist for RLF Program and assisting Jodi Hartmann with clerical support as needed. 2. Describe the composition of your loan committee. Describe its relationship to a governing board. The County Commissioners in each of the two counties represented by the RLF Program,Weld and Larimer County, appoint three members to the six-member loan committee. Attachment A lists the members of the current loan committee. The RLF Administrator,Bill Argo,serves as an ex-officio member of the loan committee. Committee members serve staggering three-year terms. The Loan Committee is responsible for reviewing loan packages presented by the RLF Manager and recommending projects for funding. In recommending a project for funding,the Loan Committee considers the appropriateness of the project to the area,the credit risk,interest rate and term,market potential and economic development benefits. The Loan Committee also established and periodically amends the Loan Policies of the RLF. The overall administration of the RLF Program is governed by the EDAP Board of Directors. The RLF Manager reports loan activity and funding status at the Board's monthly business meeting. Administrative issues and collection problems are discussed with the Board,and if necessary,the Loan Committee is included in decision making. 5 910378 3. Describe the relationship between the RLF and the unit of local government which is sponsoring this application. The Weld/Larimer RLF is administered by the Greeley/Weld Economic Development Action Partnership(EDAP)by a sub-contract agreement with Weld County. A Weld County Commissioner serves as a member of the EDAP Board of Directors as does the Director of Finance and Administration for Weld County. Both of these individuals are updated monthly on RLF program activities at EDAP Board Meetings,and the Director of Finance communicates regularly with EDAP staff in implementing various RLF activities. 4. Describe the relationship between the RLF and lending institutions in the service area. Since establishment of the Weld/Larimer RLF program in 1990,the RLF has worked to build working relationships with local lenders.Initially,the RLF experienced some difficulty in communicating to lenders the benefits of the RLF. Once lenders worked with the program however,they understood its benefits to those projects which could not qualify for conventional financing,and we began to receive referrals from lenders. We've now built a modest network of lenders which we feel comfortable in referring clients to, and who regularly refer clients to us. We recognize the importance of the lender relationship and that there is room for improvement in our RLF. EDAP plans to continue to market the program to private lenders and business leaders. Also,as we continue to streamline and improve the application process for RLF loans we feel our credibility will improve even further. 5. How does the RLF relate to other economic development activities in the area? Since the Weld/Larimer RLF is administered by the economic development office for Weld County,it is easily integrated into EDAP's regular program activities. In addition,EDAP works closely with the Small Business Development Center(SBDC)at the Greeley/Weld Chamber of Commerce. The SBDC provides small business and start-up counseling services to Weld County residents. 6. Please attach a proposed project list. The list should include: type of project; amount requested; and status. Amt. of Location Type Assistance Status Eaton Hardware store $100,000 Project approved and in process. To the best of my knowledge and belief,statements and data in this application are true and correct and its submission with attached Statement of Assurances and Certifications has been duly authorized by the governing body of all participating jurisdictions./ 4 / u.1,4-‘)-1" (4) Weld County ' Signature,Clue ed Official Jurisdiction 6 :0378 State of Colorado Office of Business Development Community Development Block Grant Program APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The applicant hereby assures and certifies that: (a) It: (1) Possesses legal authority to apply for the grant and to execute the proposed project,and its governing body has duly adopted or passed as an official act a resolution,motion or similar action authorizing the filing of the application,including all understandings and assurances contained therein,and directing and authorizing the applicant's chief executive officer and/or other designated official representatives to act in connection with the application and to provide such additional information as may be required;and (2) Has developed its application,including its projected use of funds, so as to give maximum feasible priority to activities which will benefit low and moderate income persons or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the State from approving an application where the applicant certifies and the State determines,that all or part of the proposed project activities are designed to meet other community development needs that have arisen during the prerMing twelve-month period and have particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs.) (b) It is following a detailed citizen participation plan which: (1) Provides for and encourages citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which Community Development Block Grant (CDBG) funds are proposed to be used; (2) Provides citizens with reasonable and timely aceecs to local meetings, information, and records relating to its proposed and actual use of CDBG funds; (3) Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the applicant; (4) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program,including at least the development of needs,the review of proposed activities,and review of program performance,which hearings shall be held after adequate notice at times and locations convenient to potential or actual beneficiaries,and with accommodation for the handicapped; (5) Provides for a timely written answer to written complaints and grievances,within 15 working days where practicable;and (6) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. 1 el A nn-en (c) It has provided for and encouraged citizen participation,with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used,by: (1) Furnishing citizens information concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income and its plans for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result df such activities; (2) Publishing a proposed project plan/application in such a manner to afford citizens an opportunity to examine its content and to submit comments on the proposed project plan/application and on the community development performance of the jurisdiction(s); (3) Holding one or more public hearings, as indicated below, to obtain citizen views and to respond to proposals and questions related to community development and housing needs, proposed activities and past CDBG performance. All hearings were held no sooner than five days after notice,at times and locations convenient to potential or actual beneficiaries,and with accommodation for the handicapped and for the needs of non-English speaking residents where a significant number of such residents could have been reasonably expected to participate. Applicant/Participant* Date Time Location ' In the case of a"multi-jurisdictional"application,each participating municipality and county must hold at least one public hearing. (4) As applicable, providing citizens with reasonable and timely access to local meetings, information and records regarding its proposed and past use of CDBG funds; (5) In preparing its project plan/application,considering any such comments and views and, if deemed appropriate,modifying the proposed project plan/application; (6) Making the final project plan/application available to the public; (7) Identifying its community development and housing needs, including the needs of low and moderate income persons, and the activities to be undertaken to meet such needs. 2 940378 (d) In the event it is awarded CDBG funds by the State,it will: (1) Follow a residential antidisplacement and relocation assistance plan which shall: (A) In the event of such displacement,provide that: (i) Governmental agencies or private developers shall provide within the same community comparable replacement dwellings for the same number of occupants as could have been housed in the occupied and vacant occupiable low and moderate income dwelling units demolished or converted to a use other than for housing for low and moderate income persons, and provide that such replacement housing may include existing housing assisted with projected based assistance provided under section 8 of the United States Housing Act of 1937; (ii) Such comparable replacement dwellings shall be designed to remain affordable to persons of low and moderate income for 10 years from the time of initial occupancy; (iii) Relocation benefits shall be provided for all low or moderate income persons who occupied housing demolished or converted to a use other than for low or moderate income housing, including reimbursement for actual and reasonable moving expenses,security deposits,credit checks,and other moving-related expenses,including any interim living costs; and,in the case of displaced persons of low and moderate income,provide either: (I) compensation sufficient to ensure that, for a 5-year period, the displaced families shall not bear,after relocation,a ratio of shelter costs to income that exrepAs 30 percent;or (II) if elected by a family,a lump-sum payment equal to the capitalized value of the benefits available under subclause (I) to permit the household to secure participation in a housing cooperative or mutual housing association: (iv) Persons displaced shall be relocated into comparable replacement housing that is: (I) decent,safe,and sanitary; (II) adequate in size to accommodate the occupants; (III) functionally equivalent;and (IV) in an area not subject to unreasonably adverse environmental conditions; (B) persons displaced shall have the right to elect,as an alternative to the benefits under this subsection to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 if such persons determine that it is in their best interest to do so; and (C) where a claim for assistance under subparagraph (A)(iv) is denied by grantee, the claimant may appeal to the State, and that the decision of the State shall be final unless a court determines the decision was arbitrary and capricious. (2) Comply with the provisions of the above paragraph (1) except that paragraphs (A)(i) and (A)(ii)shall not apply in any case in which the Secretary of the U.S.Department of Housing 3 940378 and Urban Development finds, on the basis of objective data,that there is available in the area an adequate supply of habitable affordable housing for low and moderate income persons. A determination under this paragraph is final and non-reviewable. (3) Provide citizens with reasonable notice of, and opportunity to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity to another by following the same procedures required in paragraphs(b) and(c)for the preparation and submission of the final project plan/application. (e) It will: (1) Minimize displacement of persons as a result of activities assisted with CDBG funds and provide for reasonable benefits to any person involuntarily and permanently displaced as a result of the use of CDBG funds to acquire or substantially rehabilitate property; (2) Affirmatively further fair housing in addition to conducting and administering its project in conformity with Public Law 88-352 and Public Law 90-284 as certified in paragraph (h) hereinafter; (3) Not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income,including any fee charged or assessment made as a condition of obtaining access to such public improvements,unless: (A) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than the CDBG program,or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income who are not persons of low income,it certifies that it lacks sufficient CDBG funds to comply with the requirements of subparagraph(A); (f) Its chief executive officer or other officer of the applicant approved by the State: (1) Consents to assume the status of responsible Federal official under the National Environmental Policy Act of 1969(NEPA) and other provisions of Federal law,as specified in.24 CFR Part 58, which further the purposes of NEPA, insofar as the provisions of such Federal law apply to the Colorado Community Development Block Grant(CDBG)Program; (2) Is authorized and consents on behalf of the applicant and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official. (g) It will comply with the financial management regulations,policies,guidelines and requirements set forth in the CDBG Grantee Handbook. (h) It will comply with: (1) Section 110 of the Housing and Community Development Act of 1974, as amended,and any State regulations regarding the administration and enforcement of labor standards; (2) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all contracts and subcontracts which exceed$2,000 for federally-assisted construction,alteration or rehabilitation,laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as 4 3 378 determined by the Secretary of Labor. (This requirement applies to the rehabilitation of residential property only if such property is designed for use of eight or more families.) (3) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that mechanics and laborers employed on federally-assisted contracts which exceed$2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week. (4) Copeland"Anti-Kickback"Act of 1934 (40 USC 276 (c))prohibiting and prescribing penalties for"kickbacks"of wages in federally-financed or assisted construction activities. (1) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L 88-352; 42 USC 2000 (d)) prohibiting discrimination on the basis of race,color, religion or religious affiliation,or national origin in any program or activity receiving federal financial assistance. (2) The Fair Housing Act (42 USC 3601-20), as amended,prohibiting housing discrimination on the basis of race,color, religion,sex,national origin,handicap and familial status. (3) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as amended, providing that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Title I (Community Development)of the Act. (4) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race,color,religion,sex or national origin in the sale or rental of housing built with federal assistance. (5) Executive Order 11246 (1965), as amended by Executive Orders 11375 prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of $2,000. (6) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)), as amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD-financed projects,will be given to lower-income persons in the unit of the project area, and that contracts be awarded to businesses located in the project area or to businesses owned, in substantial part,by residents of the project area. (7) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended,providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation(including employment),denied program benefits or subjected to discrimination under any program or activity receiving federal funds. (8) Age Discrimination Act of 1975, (42 USC 6101), as amended,providing that no person shall be excluded from participation,denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. (j) It will comply with: (1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title III,Real Property Acquisition (Pub.L 91-646 and HUD implementing regulations at 24 CFR Part 42), providing for uniform and equitable treatment of persons displaced from their 5 94037E homes,businesses,or farms by federal or federally-assistedprograms and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition,specific procedures for selecting contract appraisers and contract negotiations,furnishing to owners of property to be acquired a written summary statement of the acquisition mice offer based on the fair market price,and specified procedures connected with condemnation. (2) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 — Title II,Uniform Relocation Assistance (Pub.L 91-646 and HUD Implementing regulations at 24 CFR Part 42),providing for fair and equitable treatment of all persons displaced as a result of any federal or federally-assistedprogram Relocation payments and assistance,last-resort housing replacement by displacing agency,and grievance procedures are covered under the Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to$22,500 for each qualified homeowner or up to $5,250 for each tenant are required to be paid. (k) It will comply with: (1) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality(40 CPR Parts 1500-1508)providing for establishment of national policy,goals,and procedures for protecting,restoring and enhancing environmental quality. (2) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring consideration of the effect of a project on any district,site,building,structure or object that is included in or eligible for inclusion in the National Register of Historic Places. (3) Executive Order 11593,Protection and Enhancement of the Cultural Environment,May 13, 1971 (36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of sites,structures and objects of historical, architectural or archaeological significance. (4) The Archaeological.and Historical Data Preservation Act of 1974, amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost due to federally-funded development and construction activities. (5) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits undertaking certain activities in flood plains unless it has been determined that there is no practical alternative,in which case notice of the action must be provided and the action must be designed or modified to minimize potential damage. (6) Executive Order 11990,Protection of Wetlands,May 24,1977(42 FR 26961 et seq.)requiring review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new construction located in wetlands must be avoided unless it is determined that there is no practical alternative to such construction and that the proposed action includes all practical measures to minimize potential damage. (7) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended, prohibiting the commitment of federal financial assistance for any project which the Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area. 6 x.0378 (8) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions authorized,funded,or carried out by the federal government do not jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of the habitat of such species which is determined by the Department of the Interior,after consultation with the State,to be critical. (9) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal assistance in the construction of any water resources project that would have a direct and adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System. (10) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. (11) HUD Environmental Criteria and Standards (24 CFR Part 51)providing national standards for noise abatement and control,acceptable separation distances from explosive or fire prone substances,and suitable land uses for airport runway clear zones. (1) It will: (1) Comply with The Lead-Based Paint Poisoning Prevention Act — Title IV (42 USC 4831) prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance,and requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of the symptoms and treatment of lead-based paint poisoning. (2) Comply with the Armstrong/Walker "Excessive Force" Amendment, (P.L. 101-144) and Section 906 of Cranston-Gonzalez Affordable Housing Act of 1990, which requires that a recipient of HUD funds must certify that they have adopted or will adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within their jurisdiction against individuals engaged in non-violent civil rights demonstrations;or fails to adopt and enforce a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. (3) Comply with the"Government-wide Restriction on Lobbying,(P.L.101-121),which prohibits spending CDBG funds to influence or attempt to influence federal officials;which requires the filing of a disclosure form when non-CDBG funds are used for such purposes; which requires certification of compliance by the state;and which requires the state to include the certification language in grant awards it makes to units of general local government at all tiers and that all subrecipients shall certify accordingly as imposed by Section 1352,Title 31, U.S. Code. My person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than$100,000 for each failure. (4) Give the State, the U.S.Department of Housing and Urban Development(HUD), and any authorized representatives access to and the rights to examine all records,books, papers or documents related to the application and grant; and (m) It will comply with all parts of Title 1 of the Housing and Community Development Act of 1974, as amended,which have not been cited previously as well as with other applicable laws and regulations. 7 940378 i�e i !'�Je{a Signature,Chief Elected O cial Signature,Chief Elected Official** idilliam H. Webster Name(typed or printed) Name (typed or printed) Chairman. Weld Co. Commissioners Title Title 4/25/94 Date Date Signature,Chief Elected Official Signature,Chief Elected Official" Name(typed or printed) Name(typed or printed) Title Title Date Date Signature,Chief Elected Official Signature,Chief Elected Official Name(typed or printed) Name(typed or printed) Title Title Date Date •` Additional signatures are required only in the case of "multi-jurisdictional" applications. If this is a multi-jurisdictional application,the Chief Elected Official of each municipality and county participating in the application must sign. 8 q 94-0"3'7S CITIZEN PARTICIPATION PLAN for the Community Development Block Grant(CDBG)Program Pursuant to Section 104(a(3) of the Housing and Community Development Act of 1974, as amended, this Citizen Participation Plan is hereby adopted to ensure that the citizens of Weld County , particularly persons of low and moderate income residing in slum and blight areas in which CDBG funds are proposed to be used, are provided the opportunity and encouraged to participate in the planning and implementation of CDBG-funded activities. PUBLIC HEARING Public hearings will be the primary means of obtaining citizen views and responding to proposals and questions related to community development and housing needs, proposed CDBG activities and past CDBG performance. Prior to submitting a CDBG application to the State, Weld County will conduct at least one public hearing to identify community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program, and to review proposed CDBG activities and the past performance of Weld County in carrying out its CDBG responsibilities. In the event CDBG funds are granted by the State, Weld County will conduct at least one additional public hearing to allow citizens to review and comment on its performance in carrying out its CDBG program. A formal public notice will be published in a newspaper of general circulation in the area at least five (5) days prior to such public hearings. A public notice will also be posted in the Weld County Administrative Offices. 915 10th Street. 3rd Floor and in other places frequented by the public,especially low and moderate income persons and persons benefiting from or affected by proposed CDBG activities. As circumstances warrant and as Weld County determines necessary of appropriate, participation may additionally be specifically solicited from persons of low and moderate income, those benefitting from or affected by CDBG activities and/or representatives of such persons. Hearings will be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for the handicapped. In the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate, arrangements will be made to have an interpreter present. PUBLIC INFORMATION AND RECORDS Information and records regarding the proposed and past use of CDBG funds will be available at the offices of the Weld/Larimer Revolving Loan Fund. 810 9th St.. 2nd Floor. Greeley. during regular office hours. The public will be so informed by public notice. TECHNICAL ASSISTANCE Weld County will provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing CDBG proposals. The level and type of assistance appropriate will be determined by Weld County based on its ability to provide or arrange for such assistance,the cost of providing such assistance and other relevant factors. 1 '.0 378 WRITTEN COMMENTS AND RESPONSES Weld County will respond to written complaints and grievances in writing in a timely manner. When practical, such written responses shall be made within fifteen (15)working days. Ji/. /1 William H. Webster,Chairman,Weld County Commissioners Date NOTE 1: EACH MUNCIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI- JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A CITIZEN PARTICIPATION(CP)PLAN. NOTE 2: CITIZEN ADVISORY COMMITTEES ARE NOT REQUIRED. IF ONE IS PROPOSED HOWEVER,ITS ROLE AND COMPOSITION SHOULD BE INCLUDED IN THIS CP PLAN. 2 o � ¢ � 'C -,.. a ---- co c v >� em OW C) >, U \.K E w m 2 33i a� 0 o '8 2 t 2 F v won aai o o `nS te in" >, w °3 cct o n a i 76 hi e _ n o ac, C c o C n -� '� a 0 , '2 O..D 'O '.C�., U m En 0 o p x CID c Ea O " p m L a on S, ..c En C 2 Q - O b y C C a OFL a �° o a'3 v $ E O V m R. E,' oq .d c a E Cl) o Y .0 �. t.c o N 3 C Fc � icy yY bW CL c o ou At Cc 15 E 3'5 >,' .5 8 zi w a o 'o plc p > o En U "� C O 5 co O E z.6E 'b = fi. z v o ❑ o E � d >,� cd� C W a opT ot� y 0 CO U co w " C a� '-'Cr‘ ..se - a4 coi 0 .-a, m o y O E o'^o oa, .4,u ro .., 0.al o $ a as .. U o Y UU o E E — x 04 on on on on cc V z E > 8 co 0b awn O v a C a, O C o o 2 o 3Q Q U U 0 ti o r SU U .E U•o o U U U -� U r U a d b Q c v G u on d b o ai [3� 3 g A b w F •> Z Q N h o 0 C W a1 o G'O o C" C C a0 m a al a V [. '> a ra o v Be U 2 Z °v 0 is o O a wo = E b `° CG o CJ Cm Lu al U 00 .2162 ,.43 y S .,0 N •�❑g 0 G O Z E •�J- c 14' •L+ A t C >- W V id 5" to1:t4 0 c�-ld .D .s9 zlCd N a) • oFL.T+ v h 4 0 o a ; CS'CU � GLC yj py J' �., 8 5 OJ 0 a)=w o" 0 a ct C 7 i.. w 2 wo a 3 .� yV 0y s .. ci cs O WN O o4,o � 5.,1,h) .51 •� o c U O� o o ,° '° ai v - i 0 W o aV 0 d .c c a > c w '" m d D2 Q Evtiv � z c'40.73 < y ? o 0 a M 5 o � .E75 a' s C U iLt C`" b ` ,—cam UO 'Eu2.0 no oar 12 0) o o C W 3 E 0 U aE .C U o W a V c L in 940278 RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN for the Community Development Block Grant (CDBG) Program The County of Weld will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than as low/moderate income housing as a direct result of activities assisted with CDBG funds, as required by Section 104(D) of the Housing and Community Development Act of 1974, as amended (the Act), and implementing regulations at 24 CFR 570.496a. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County of Weld will make public and submit to the State the following information in writing: 1. Description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate dwelling units as a direct result of the assisted activity. 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size, (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; and, 6. The basis for concluding that each replacement dwelling unit will remain a low/ moderate income dwelling unit for at least 10 years form the date of initial occupancy. The County of Weld will provide relocation assistance, as described in 570.496a(b)(2), to each low/moderate income household displaced by the demolition of housing or by the conversion of a low/moderate income dwelling to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the County of Weld will take the steps indicated below to minimize the displacement of persons from their homes:* The following are examples of steps to minimize displacement. The first two are required. The others are optional. Only check those which are appropriate for the project and local circumstances. Add other steps as necessary or appropriate. X Consider all practical alternatives to any proposed project which may result in residential displacement. Alternatives to be considered include other sites for the proposed facilities/project. Also to be considered are the costs and benefits, moth financial and nonfinancial, of each alternative. X Provide counseling and referral services to assist displacees find alternative housing in the community. X Work with area landlords and real estate brokers to locate vacancies for households facing displacement. 9403'78 Stage rehabilitation of assisted housing to allow tenants to remain during and after rehabilitation, working with empty buildings or groups of empty units first so they can be rehabilitated first and tenants moved in before rehab on occupied units or buildings is begun. Establish temporary relocation facilities in order to house families whose displacement will be of short duration, so they can move back to their neighborhoods after rehabilitation or new construction. Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent their placing undue financial burden on long-established owners or on tenants of multi-family buildings. Develop displacement watch systems in cooperation with neighborhood organ- _ izations to continuously review neighborhood development trends, identify displacement problems, and identify individuals facing displacement who need assistance. William H. Webster, Chairman, Weld County Commissioners Date / NOTE: (X) EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI-JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION PLAN. 9 X0378 April 1990 SUPPLEMENTAL STATEMENT OF ASSURANCES AND CERTIFICATIONS 1990 Community Development Block Grant Program The applicant hereby additionally assures and certifies that: (a) It will comply with the Fair Housing Act (42 USC 3601-20), as amended, which prohibits housing discrimination on the basis of race, color, religion, sex, national origin, handicap and familial status. (b) In accordance with section 519 of Public Law 101-144, the HUD Appropriations Act: (check one) x it has adopted and is enforcing if granted Community Development Block Grant (CDBG) funds by the State, it will adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. (c) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 9W378 It is understood that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. f c tai -)Q Signature, Chief Elected Official twkw/99 J Signature, Chief Elected Official William H. Webster Name (Typed or Printed) Name (Typed or Printed) Chairman, Weld Co. Commissioners Title Date 4/25/94 Title Datc -. Signature, Chief Elected Official • Signature, Chief Elected Official' Name (Typed or Printed) Namc (Typed or Printed) Title Datc Title Date Signature, Chief Elected Official• Signature, Chief Elected Official' Name (Typed or Printed) Name (Typed or Printed) Title Date Title Date * Additional signatures are required only in the case of "multi- jurisdictional" applications. If this is a multi-jurisdictional application, the Chief Elected Official of each municipality and county participating in the application must sign. Weld/Larimer Revolving Loan Fund The Weld/Larimer Revolving Loan Fund (RLF) was established to assist with the financial needs of companies expanding or locating to the rurat areas of Weld/Larimer Counties. The program is funded through the State of Colorado CDBG Allocation. Greeley/Weld Economic Development (EDAP), a private, non-profit economic development agency, administers the RLF. FUND HIGHLIGHTS The RLF can provide short-term financing for uo to 50% of project costs, and may assume a second or third collateral position in order to leverage other lender involvement. The minimum loan amount is S10,000. Based on the financial needs of the applicant and use of the borrowed funds, typical terms will extend 5-7 years, and interest rates will be at or below local prime, but not less than 3%. Remaining project costs can be funded through bank financing, private investors or loans, SBA/CHAFA programs, etc. At least 10% of the project should be provided by the borrower. USE OF FUNDS RLF funds can be used for the acquisition or expansion of borrower-occupied real estate, the purchase of inventory and equipment and for working capital. Refinancing of existing debt is not permitted. WHO QUALIFIES Any business that meets the following criteria: 1. Is a private, for-profit organization. 2. Is located in, considering location in, or expanding in rural Weld or Larimer Counties (communities of less than 25,000 population). 3. Is considered to be "base" industry (i.e. manufacturing, R&D, processing, distribution, etc.) These businesses will be given priority. However, retail or service businesses are also eligible. 4. Can demonstrate that the project being funded is creating new jobs, or retaining jobs, and that the principal beneficiaries of any jobs created/retained are low to moderate income persons. HOW THE PROCESS WORKS 1. Contact other funding sources to determine what financial assistance is available. 2. Contact the EDAP office at (303) 356-4565 to determine your eligibility for the RLF program and to receive application materials. 3. Working with your lending partner, complete application and forward to EDAP. 4. Applications will be reviewed by staff and, if recommended, then reviewed by the RLF Loan Committee. 5. Loan packages approved by the RLF Loan Committee will be sent to the State Office of Economic Development for final approval. 6. This process will take approximately 6-8 weeks. APPLICATION Complete program guidelines and application materials are available by contacting EDAP. at (303) 356-4565, P.O. Box S,Greeley, CO, 80632. Applications are accepted at any time. There is a non-refundable $50.00 application fee and closing fees equal to 2% of the total RLF assistance will be assessed at loan closing. 910378 Weld/Larimer Revolving Loan Fund COMPLETED PROJECT SUMMARY As of March 31, 1994 Jobs Closing Type of RLF Loan Leveraged Created/ Date Project/Location Loan Amount Funds Retained Payment Status 11/15/91 Vehicle Systems Bldg.Purchase/ $50,000 $210,000 5 Current Ft. Lupton Equipment Default-Chapt. 11 bankruptcy 7/17/92 Rocky Mountain Railcar Working $260,000 $150,000 80 Real estate held as collateral Hudson Capital is under contract for sale. We anticipate full payment. 9/30/92 Mid-America Eng. &Fab. Working $80,000 $325,000 5 Current; company is out of Frederick Capital business; liquidating assets. 12/17/92 WindSoar, Inc. Working Cap. $150,000 $510,000 9 Default; Company out of Larimer Co. (start-up) business. Actively working to sell business/assets. 7/13/93 Hy-Q Enterprises Equipment/ $100,000 $128,000 12 Current Weld Co. Working Cap. 7/30/93 Conklin Pattern &Casting Equipment/ $50,000 $77,000 4 Default-30 days. Company is Ault Working Cap. experiencing cash flow prob- lems. Referred to SBDC. 12/17/93 Colorado Crystal Working $116,000 $349,312 121 Current Loveland Capital 3/4/94 Poulsen Hardware Inventory $100,000 $400,000 8 Current Eaton TOTALS $906,000 $2,149,312 244 940378 ATTACHMENT A Prospects for RLF Assistance Estimated Location Type Amount Status Campion Gourmet Bagel $ 62,000 Finalizing private sector manufacturer. financing commitment. Create 12 jobs. Working capital loan. Larimer Co. Emergency $ 80,000 In application stage. Need medical equip. working capital. manufacturer. Create 8 jobs. Ft. Lupton Modular housing $100,000 + In application stage. Need manufacturer. working capital. Would Retain 50-80 jobs. refer to state if in excess of $100,000. Gilcrest Truss manufacturing. $ 40,000 + Have discussed program Create 10-20 jobs. several times. Completing application. Weld County Manufacturer of kit $ 50,000 Locational decision within airplanes. Create 20 6 months. RLF application jobs. to follow. Weld County Manufacturer of air- $ 60,000 Locational decision within plane parts. Create 8 months. RLF application 10-15 jobs. to follow. Pierce Egg processing $100,000 + Working to finalize complete facility. Create 50-60 financial package. RLF jobs. application to follow. Berthoud Dinner theatre. $ 80,000 Working on private lender Retain 20 jobs. financing. RLF application to follow. 910378 Weld/Larimer Revolving Loan Fund SUMMARY OF ACTIVITY As of March 31, 1994 #OF LOAN it OF JOBS TOTAL CAPITAL TOTAL RLF APPLICATIONS #OF LOANS CREATED OR INVESTMENT AMOUNT AMOUNT RLF YEAR INQUIRIES RECEIVED APPROVED RETAINED OF PROJECTS LEVERAGED LOANS 1991 17 1 1 5 $260,000 $210,000 $50,000 1992 69 8 3 94 $1,475,000 $985,000 $490,000 1993 43 9 3 137 $820,312 $554,312 $266,000 1994 10 1 1 8 $500,000 $400,000 $100,000 TOTALS 139 19 8 244 $3,055,312 $2,149,312 $906,000 940378 PUBLIC NOTICE AND NOTICE OF PUBLIC HEARING Docket No. 94-36 The County of Weld plans to submit a Community Development Block Grant (CDBG) application to the State of Colorado, Office of Business Development. CDBG funds are intended to provide decent housing, suitable living environments and economic opportunities, principally for low and moderate income persons through rehabilitation and preservation, economic/job development and public facility improvements. It is estimated that $10,588, 000 will be available statewide for the "Small Cities" CDBG program. Approximately one-third of the appropriation will be available for economic development projects. The application being considered would request $250,000 for small business assistance to companies located in the non-entitlement areas of Weld and Larimer Counties. It is estimated that approximately 51% of the funds would benefit low and moderate income persons. Permanent involuntary displacement of neighborhood persons or businesses is not anticipated. Should it later become necessary to consider such displacement, alternatives will be examined to minimize the displacement. If no feasible alternatives exist, required/reasonable benefits will be provided to those displaced to mitigate adverse effects and hardships. Any low and moderate income housing which is demolished or converted will be replaced. A public hearing will be held at 9:00 a.m. on Monday, April 25, 1994, in the first floor hearing room, Weld County Centennial Complex, 915 10th Street, Greeley, Colorado, to obtain citizen views and to respond to proposals and questions related to: ► The proposed CDBG application for small business assistance funds. ► The award of a $100, 000 CDBG loan to Poulsen Ace Hardware of Eaton on 3/17/94. ► Community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program. ► The performance of the County of Weld in carrying out its community development responsibilities. 310378 Written comments are also welcome and must be received by April 25, 1994, at 915 Tenth Street, Greeley, Colorado 80631. Oral and written comments will be considered in deciding whether to submit an application for the proposed project. Written summary information will be available at Room 316, 915 Tenth Street, Greeley, Colorado, on April 13, 1994, until April 25, 1994, at which time a CDBG application shall be submitted to the state. Information on the application and request for financial assistance will be available for public review at the offices of the Weld/Larimer Revolving Loan Fund, 810 9th Street, 2nd Floor, Greeley, after April 30, 1994. Information and records regarding Weld County's proposed and past use of CDBG funds are available at Room 316, 915 Tenth Street, Greeley, Colorado, during regular office hours. Advance notice is requested. WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS BY: DONALD D. WARDEN CLERK TO THE BOARD BY: Carol A. Harding Deputy Clerk to the Board DATED: April 13, 1994 PUBLISHED: April 14, 1994, in the Windsor Beacon 940378 915 10th Street, Greeley, Colorado, to obtain citizen views and to respond to AFFIDAVIT OF PUBLICATION proposals and questions related to: • The proposed CDBG STATE OF COLORADO application for small business assistance funds. COUNTY OF WELD •The award of$100,000 CDBG loan to Poulson Ace I, ROGER A. LIPLER, of said County of Weld, being duly Hardware of- Eaton on 3/17/94. sworn, say that I am publisher of •Community developemnt and housing needs, WINDSOR BEACON including the needs of low PUBLIC NOTICF AND and moderate income NOTICF OF PURI LP persons, as well as other a weekly newspaper having a general circulation in said HFARINQ needs in the community that might be addressed.through County and State, published in the town of WINDSOR, in Docket No.99-36 the CDBG program. said County and State; and that the notice, of which the The County of Weld plans to •The performance of the annexed is a true copy, has been published in said weekly submit a Community County of Weld in carrying for / successive weeks, that the notice was Development Block Grant out its community published in the regular and entire issue of every number of [COBS) application to the development responsibilities. State of Colorado,Office of the paper during the period and time of publication, and in Business Development. Written comments are also the news roper ro r and not in a supplement, and that CDBG funds are intended to welcome and must be palms p provide decent housing, received by April 25, 1994, the first publication of said notice was in said paper bearing suitable living environments at 915 Tenth Sheet, the date of the and economic opportunities, Greeley, Colorado 80631, principally for low and Oral and written comments _day of A.D., 19 and the moderate income persons will be considered in last publication bearing the date of the through rehabilitation and deciding whether to submit preservation, economic/job an application for the _day of A.D", 19_ and that development and public proposed project. Written the said WINDSOR BEACON has been published facility improvements. It is summation will be available estimated that$10,588,000 at Room 316, 915 Tenth continuously and uninterruptedly for the period of 5 will be will be available Street,Greeley, Colorado, consecutive weeks, in said County and State, prior to the statewide for the "Small on April 13, 1994, until April Cities" CDBG program. 25, 1994, at which time a date of first publication of said notice, and the same is a Approximately one-third of CDBG application shall be newspaper within the meaning of an Act to regulate printing the appropriation will be submitted to the state. available for economic Information on the of legal notices and advertisements, approved May 18, development projects. application and request for . 1931, and all prior acts so far as in force. financial assistance will be The application being available for public review at considered would request the offices of the $250,000 toy small business Weld/La rimer Revolving ( , assistance to companies Loan Fund,810 9th Street, Y.�\ /2--N — located in the non- 2nd Floor, Greeley, after U • �U13 ISHER entitlement areas of Weld April 30,1994. and Larimer Counties. It is estimated that approximately Information and records 51% of the funds would regarding Weld County's Subscribed and sworn to before me this - day of benefit low and moderate proposed and past use of , , 19 income persons. Permanent CDBG funds are availabe at ' involuntary displacement of Room 316, 915 Tenth neighborhood persons or Street, Greeley, Colorado, businessees is not during regular office hours. NOTARY PUBLIC anticipated. Should it later Advance notice is requested. become necessary to ccnsider such displacement. Weld County.Colorado alternatives will be examined Board of County My commission expires to minimize the Commissioners displacement.If no feasible alternatives exist, By:Donald D.Warden required/reasonable benefits Clerk to the Board I will be provided to those diplaced to mitigate adverse By:Carol A Harding effects and hardships.Any Deputy Clerk to the Board low and moderate income housing which is demolished Published in the Windsor or converted will be Beacon April 14,1994. replaced A public hearing will be held at 9.00 A.M. on Monday, April 25, 1994, in the first floor hearing room, Weld i County Centennial Complex, -- I 9i0378 Ca".9 o / 1r1rnOTREVOLVING LOAN FUND P.O. Box S • Greeley, Colorado 80632 • (303) 356-4565 • FAX (303) 352-2436 Memo TO: Don Warden FROM: Jodi Hartmann DATE: 4/21/94 RE: CDBG APPLICATION HEARING APRIL 25 Attached are four copies each of the CDBG applications for our new contract and the Poulsen Hardware project. As you will recall, the Poulsen application is simply a formality since we've already opened that contract. All copies will need to be signed in original, with two copies for the State (at their request) and a copy for your files and mine. After the State has approved the contract I'll prepare a Subcontract Agreement between the County and EDAP to execute the contract. Let me know if you have any questions, otherwise I'll be at the hearing Monday morning. 3 '710378 PUBLIC NOTICE AND NOTICE OF PUBLIC HEARING Weld County plans to submit a Community Development Block Grant(CDBG) application to the State of Colorado, Office of Business Development. CDBG funds are intended to provide decent housing, suitable living environments and economic opportunities, principally for low and moderate income persons through rehabilitation and preservation, economic/job development and public facilities improvements. It is estimated that$10,588,000 will be available statewide for the 1994 "Small Cities" CDBG program. Approximately one-third of the appropriation will be available for economic development projects. The application being considered would request $250,000 for small business assistance to companies located in the non-entitlement areas of Weld and Larimer Counties. It is estimated that approximately 51% of the funds would benefit low and moderate income persons. Permanent involuntary displacement of neighborhood persons or businesses is not anticipated. Should it later become necessary to consider such displacement, alternatives will be examined to minimize the displacement. If no feasible alternatives exist, required/reasonable benefits will be provided to those displaced to mitigate adverse effects and hardships. Any low and moderate income housing which is demolished or converted will be replaced. A public hearing will be held at on , 1994, at the to obtain citizen views and to respond to proposals and questions related to: • the proposed CDBG application for small business assistance funds. • the award of a$100,000 CDBG loan to Poulsen Ace Hardware of Eaton on 3/17/94. • community development and housing needs,including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program. • the performance of Weld County in carrying out its community development responsibilities. Written comments are also welcome and must be received by at (address). Oral and written comments will be considered in deciding whether to submit an application for the proposed project. Written summary information will be available at (location)on (date) until (date) at which time a CDBG application shall be submitted to the state. Information on the application and request for financial assistance will be available for public review at the offices of the Weld/Larimer Revolving Loan Fund, 810 9th Street, 2nd Floor, Greeley after r, (submission date). Information and records regarding Weld County's proposed and past use of CDBG funds is available at the offices of the Weld/Larimer Revolving Loan Fund, 810 9th Street, 2nd Floor, Greeley, during regular office hours. Advance notice is requested. William H.Webster Chairman Weld County Commissioners 910378 Hello