HomeMy WebLinkAbout940172.tiff RESOLUTION
RE: APPROVE SUBCONTRACT AGREEMENT BETWEEN WELD COUNTY AND GREELEY/WELD
ECONOMIC DEVELOPMENT ACTION PARTNERSHIP AND AUTHORIZE CHAIRMAN TO SIGN -
POULSEN ACE HARDWARE
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Subcontract Agreement between
the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Greeley/Weld Economic Development Action
Partnership, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Subcontract Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Greeley/Weld Economic Development Action Partnership be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following Mt
vote on the 9th day of February, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
!'r
Weld County Clerk to the� oard c ti ( ) t
Webster Cman
aq-
BY: �C /Jil t te . PrØm
APPROVED AS TO FORM: kir. � c . ../.....4cler
eorge K. Baxter
County Attorney 1-1------ Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
/- 940172
TOC/� eC : lr:�
SUBCONTRACT AGREEMENT
BETWEEN
WELD COUNTY
AND
GREELEY/WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
THIS AGREEMENT is entered into this day of o1��
1994, by and between the Weld County Board of County Commissioners (herei fter
"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 $100,000 from the State of Colorado Department of Local Affairs
pursuant to Contract Number (hereinafter "the Contract") to provide a
loan to Poulsen Ace Hardware, Eaton, Colorado, for the purpose of encouraging
economic diversification and job creation in Weld County, Colorado, and;
WHEREAS, EDAP has been designated to administer these CDBG funds on
behalf of the County;
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.
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.
940172
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,
EDAO 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.
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.
940172
14. This agreement entered into this 9 i
day of aJ L'V ,
1994, shall be in force during the Grant Period and shall terminate upon co letion
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.
ATTE�w vbV 4'4 %7
` BOARD OF COUNTY COMMISSIONERS
///
Weld County Clerk to the Board BY: ( L t iV Z ,.,- ,{ ,/
William H. Webster, Chairman GGO,9-/i4,tAN
BY:�i-4-4 a A
Deputy Clerk to the Bd'ai
GREELEY/WELD ECONOMIC
DEVELOPMEN ACTION PARTNERSHIP
BY: � Uf 114
hair an
an
SUBSCRIBED AND SWORN to before me this 9541_ day of
.tica..�-y , 1994.
WITNESS my hand and official seal.
No ry Pub is
My Commission Expires: V/7/,i
940172
ac i3'
LOAN FUND
P.O. Box S • Greeley, Colorado 80632 • (303) 356-4565 • FAX (303) 352-2436
Memo
TO: Don Warden hh
FROM: Jodi Hartmann11V
DATE: 6/17/94 IIIIII
RE: CDBG CONTRACT
I have three items to finish up in order to complete the new CDBG application:
1. JIUD Disclosure Report - New CDBG Contract. The report I sent over for
signature earlier contained an error and I had to redo it. The enclosed copy is
correct. I just need Bill Webster's signature on all four copies. Keep one copy for
your records.
HUD Disclosure Report - Poulson Contract. We o needed to complete this
new HUD form on that contract. Same instructio s above.
3. SubContract Agreement. This agreement is virtually identical to the
agreement on the previous CDBG contract. Please have all three copies signed
and return to me. I will send a signed copy back to you along with the new
contract once I get it back from the state.
Thanks for all of your help on this contract. Hopefully this will be the end of the
paper trail!
7r,v;7)J 74/e/
CDBG DISCLOSURE REPORT
PART I - APPLICANT/GRANTEE INFORMATION
1 . Applicant/grantee name, address and phone number.
Weld County
915 10th Street
Greeley, CO 80631
356-4000, ext. 4200
Federal employer identification number: 84-6000813
2. Indicate whether this report is: Initial X Update
3. Project Assisted/to be Assisted
a. Fiscal year: 1994
b. Entitlement Grant(s)
Competitive Grant X
c. Amount requested/received: $ 100.E
d. Program income to be used with (c) above: $_ -0-
e. Total of (c) and (d): $ 100.E
PART II - THRESHOLD DETERMINATIONS
1 . Is the amount listed at 3(e) above more than $200,000? Yes No_X_
2. Have you received or applied for other HUD assistance (through programs listed in instructions)
which, when added to 3(e) above amounts to more than $200,000? Yes X No
If the answer to either 1 or 2 of this Part is "Yes", then you must complete the remainder of this
report.
If the answer to both 1 and 2 of this Part is "No", then you are only required to sign the following
certification and need not complete the remainder of this report.
I hereby certify that this information is true.
//r/X'
William H. ebster, Chairman Date
Weld County Commissioners
(Chief Elected OfficiaVTitle)
PART III - OTHER GOVERNMENT ASSISTANCE PROVIDED/APPLIED FOR
1 . Provide the requested information for any other Federal, State and/or local governmental assistance,
on hand or applied for, that will be used in conjunction with the CDBG grant. (See instructions)
Name and Address of Agency Providing or Type of Amount Requested or
to Provide Assistance Program Assistance Provided
Greeley/Weld Economic Development Economic Program Admin. $2,000
Action Partnership (EDAP) Development & Technical
810 9th St., 2nd Floor Assistance
P.O. Box S
Greeley, Colorado 80632
PART IV - INTERESTED PARTIES
Alphabetical List of All Persons Social Financial
with a Reportable Financial Security or Type of Participation Interest in
Interest in the Project Employer ID # in Project Project ($ & %)
John R. Heppner 523-82-9968 Owner/Partner 9% - $50,000
Russell E. Heppner 524-90-7670 Owner/Partner 9% - $50,000
Colorado Industrial Bank 84-0826772 Private Lender 72%
213 First Street
Eaton, Colorado 80615
PART V - EXPECTED SOURCES AND USES OF FUNDS
This Part requires that you identify the sources and uses of all assistance, including CDBG, that have been or
may be used in the Project.
Source Use
CDBG Funds - $100,000 Purchase inventory
Colorado Industrial Bank
- $400,000 Building Construction: $277,346
Furniture & Fixtures: 30,000
Working Capital: 92,654
John & Russell Heppner Purchase land
- $50,000
Greeley/Weld EDAP - $2,000 CDBG loan administration
PART VI - CERTIFICATION
I hereby certify that the information provided in this disclosure is true and correct and I am aware that any
false information provided or lack of information knowingly made or omitted may subject me to civil or
criminal pentatties under Section 1001 of Title 1 S of the United States Code. In addition, I am aware that if I
knowingly and materially violate any required disclosure of information, including intentional nondisclosure, I
am subject to a civil money penalty not to exceed $10,000 for each violation.
('! / /'1)) / 7y
William H. Websferi, Chairman Dates`
Weld CountyCommissioners
(Chief Elected OfficialTitle)
Hello