HomeMy WebLinkAbout920556.tiff RESOLUTION
RE: APPROVE APPLICATION FOR HOUSING PRESERVATION GRANT PROGRAM TO FARMERS HOME
ADMINISTRATION, HOUSING PRESERVATION GRANT AGREEMENT, AND REQUEST FOR
OBLIGATION OF FUNDS AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Application for the Housing
Preservation Grant Program, a Housing Preservation Grant Agreement, and a Request
for Obligation of Funds between the Weld County Housing Authority and Farmers
Home Administration, commencing July 1, 1992, and ending April 30, 1993, with the
further terms and conditions being as stated in said documents, and
WHEREAS, after review, the Board deems it advisable to approve said
application, agreement, and request, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Application for the Housing Preservation Grant
Program, a Housing Preservation Grant Agreement, and a Request for Obligation of
Funds between the Weld County Housing Authority and Farmers Home Administration
be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said application, agreement, and request.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 22nd day of June, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: �� WELD C UNTY, COLORADO
j e B Weld County Clerk to t oax'c: _ f///arratt-est
/
Ge e K edy, haiG rman
BY: 42(4..„0/111/2e_reir.-
ireill,12-2 %if siA
Deputy Clo the Boar Constance L. Harbert, Pro-Tem
APPROVED AS Ali FORM: , • -i'c
C C. W. Kir
---,
ounty Attorney Gord //h� aacc(�yl�
-J yr\f 0..)di W. H. Webste
920556
aPe-op 10 cc , y , 5 a , H /9
OMB Approval No.0348-0043
APPLICATION FOR • 2.DATE SUBMITTED Applicant lot.,,diet
FEDERAL ASSISTANCE
I. TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE
Application Preaopl,cation State Application Identifier
Construction ❑ Construction
4 DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
® Non-Construction ❑ Non(Anstruct:on
5. APPLICANT INFORMATION
Legal Name. Crganizationai Unit
WELD COUNTY WELD COUNTY HOUSING AUTHORITY
Address(give city. county. state. and zip Code): Name and telepnone number of the person to be contacted on matters involving
Weld County this application (give area code)
c/o Weld County Housing Authority James M. Sheehan
P.O. Box A (303) 352-1551 ext 6445
Greeley, CO 80632
6. EMPLOYER IDENTIFICATION NUMBER(EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) LBLI
8 4 — 6 0 0 0 8 1. 3 A State H. Independent School Dist.
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
I. TYPE OF APPLICATION: D. Township K. Indian Tribe
] New C Continuation 0 Revision E. Interstate L. Individual
F Intermunicipal M Profit Organization
If Revision.enter appropriate letter(s)m box(es): ❑ ❑ G. Special District N. Other(Specify).
A Increase Award B. Decrease Award C Increase Duration
D. Decrease Duration Other(specify): 9. NAME OF FEDERAL AGENCY:
Farmers Home Administration
IC. CATALOG OF FEDERAL DOMESTIC L 0 I. 4 3 3 11 DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
ASSISTANCE NUMBER:
Housing Preservation Grant Program for
TITLE. Housing Preservation Grant per the rehabilitation of ten(10) single
Tnstrurtionc 1944-N family owner occupied dwellings.
12. AREAS AFFECTED BY PROJECT(cities, counties. states. etC.;'
Weld County Census Tracts CT 17, 18, 19.01
20, and 21 including the communities of
Erie, Firestone. Ft Lupton GI 1 rrpsr TnhTlgrnLR1 anti P1 At-ewe-El 1 g
13. PROPOSED PROJECT: 114. CONGRESSIONAL DISTRICTS OF.
Start Date Ending Date a. Applicant b. Protect
7-1-92 4-30-93 Fourth Fourth
IS.ESTIMATED FUNDING: 16.15 APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
a Federal $ 00 a YES. THIS PREAPPLICATION,APPLICATION WAS MADE AVAILABLE TO THE
94,000 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
b. Applicant $ .00 DATE 03/10/92
c State S .00
144,000 b NO ❑ PROGRAM IS NOT COVERED BY E.O. 12372
d Local S .00
Weatherizat_on 10,000 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e Other S .00
FmHA 504 35,000
I Program Income S 00 I7. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
20,000
❑ Yes If "Yes." attacn an explanation. ❑ No
g TOTAL Y .00
303,000
Ia. TO THE BEST OF MY KNOWLEDGE AND BELIEF.ALL DATA IN THIS APPLICATION,PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY
AUTHORIZED eV THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED
a Typed Name of Aulhorzed Representative b Title c Telephone number
George Kennedy Chairman 356-4000 ext 4701
d Signature of Authorized Representative e Date Seined
Signed
Previous Editions Nutea01e /s/( art_ ^ /� ^ (/Cl_- Stannard form 424 iPE`/ 4-881
L L ( ct— P.esc:ined nit OMB l,e,.,,.ar A-IO2
Authorized for Local Reproduction r,+ ontr r-7
USDA-FrnHA
Fort FmHA 1940-1 r -WEST FOR OBLIGATION OF FUN' F" 4- 1;25 '2
(Rev. 3-91)
Z ' ,2Wit,1INSTRUCTIONS TYP,E.IN,.CAPITALIZED ELITETTYPE IN SPACES:MARKED".A lotai47,,,„..;,.4%.,..i,' /1`A- / I-!6 ' C S
rte:.. *,.;. "ate vt-Camplete itemstO! „;" - , 1 s�
��X4naHFPliwbl.ltanu38 Yhrwlyf!4aa S.a PMlwn"y�, w .��� ,� f
1. CASE NUMBER LOAN NUMBER FISCAL YEAR - k/a y
S T C 0 BORROWER ID
aLsl 1I 61 2] 01 RI 41 61 of d d 1l Ili I I I 9 12
2. BORROWER NAME 3. NUMBER NAME FIELDS
wleliIal h h h 6 Ir ly 1 1 1 1 1 1 1 II 11 a.2.or3 from hem 21 I
4. STATE NAME
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0101 11 Dl rI al di O1 I I I I I I I
5. COUNTY NAME
1111111111111111111 w1 el 11 d1 1 1 1 1 1 1 1 1 1 1 1
.. GLP&RALBDRROWER7 flAN'INFORMATION
6. RACE/ETHNIC 7. SEX CODE 8. MARITAL STATUS 9. VETERAN CODE
CLASSIFICATION
11 (See FMI) El I
10.CREDIT REPORT 11.DIRECT PAYMENT 12.TYPE OF PAYMENT 13.FEE INSPECTION
�1 31 I 21
14.INTEREST CREDIT 15.COMMUNITY SIZE 16.DWELLING TYPE/USE OF FUNDS CODE
21 1 1 1 L (See FM0
• Z:O7!PL'E'TE.FOR OBE9.GA11Of&OF'.i!LNDS
17.TYPE OF ASSISTANCE 18.PURPOSE CODE 19.SOURCE OF FUNDS 20.TYPE OF ACTION
01 11 91 1 1 21 11
21.TYPE OF SUBMISSION 22.AMOUNT OF LOAN 23.AMOUNT OF GRANT
1 =Initial
11 2=Subsequent 11 1 II I 010101 I I 19111 01010.0101
24.AMOUNT OF 25.DATE OF APPROVAL 26.INTEREST RATE 27.REPAYMENT TERMS
IMMEDIATE ADVANCE MO DA YR
I ; I I ji I Iololol I I - I I I I 1 I ; 1 I I I f (%) I
COxtetzt .F?R SINGLRPAMIL.X34DDSING ONLY
'28.INCOME CATAGORY CODES 29.LOW INCOME LIMIT-MAX 30.ADJUSTED FAMILY INCOME
I 1 4 1 1 1OlOI I I Iololol
31. R.E.INSURANCE 32.R.E.TAXES 33.R.E.TAXES 34.NOTE INSTALLMENT
1st Year 2nd Year INELIGIBLE
I I 1 10101 4 1 1 lolol 1 1 1 10101 11 1 10101
35.TYPE OF UNIT
1 =Farm Tract
I2=Non-Farm Tract
COMPL POP COo.myt TY'PROGRAM.AND'CERTMN MUL.TWLEPAgWLY:3HOUSING LOANS.
36.TYPE OF APPLICANT 37.PROFIT TYPE
41 31
DOMPt.ETSTOH EM LOANS ONLY ( COMPLETE FOR OAEDIY SALE/ASSUMPTION ONLY
38.DISASTER DESIGNATION NUMBER 39.TYPE OF SALE
1 1 j_ I (See FMI) I
. •:FINANCE'OF€ICE USE ONCX ?' .:
40.OBLIGATION DATE
MO DA YR
1 1 - 1 I I - 1 I I
If the decision contained above in this form results in denial, reduction or cancellation of FmHA assistance,you may appeal this decision and have a hearing or you m ay request a review in lieu of a hearing. Please use the form we have included for this purpose.
ORIGINAL-Borrower's Case Folder Position 2 FmHA 1940-1 (Rev.3-91)
0 ill
• CERTIFICATION APPROVAL •
For All Farmer Programs EM,OL,FO,and SW Loans
This loan is approved subject to the availability of funds. If this loan does not close for any reason within 90 days from
the date of approval on this document, the approval official will request updated eligibility information. The under-
signed loan applicant agrees that the approval official will have 14 working days to review any updated information
prior to submitting this document for obligation of funds. If there have been significant changes that would affect
eligibility a decision as to eligibility and feasibility will be made within 30 days from the time the applicant provides the
necessary information.
If this is a loan approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the
15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative
completing title work and completing loan closing.
41. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
42. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable
rates and terms,taking into consideration prevailing private and cooperative rates and terms in or near my community
for loans for similar purposes and periods of time. I agree to use, subject to and in accordance with regulations
applicable to the type of assistance indicated above,and request payment of the sum specified herein.I agree to report
to FmHA any material adverse changes,financial or otherwise,that occur prior to loan closing.I certify that no part
of said sum has been received.I have reviewed the loan approval requirements and comments associated with this loan
request and agree to comply with these provisions.
(For SFH & FP loans at eligible terms only) If this loan is approved, I elect the interest rate to be charged on my
Fm HA loan to be the lower of the interest rate in effect at the time of loan approval or loan closing. If I check"NO",
the interest rate charged on my loan will be the rate specified in Item 26 of this form. YES NO
WARNING:. SECTION 1001 of Title 18,United States Code provides:"Whoever,in any matter within the jurisdiction of any
department or agency of the United States knowingly and willfully falsifies,conceals or covers up...a material
fact or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false
writing or document knowing the same to cnntain any false,fictitious or fraudulent statement or entry,shall be
fined not more than$10,000 or imprisoned not more than 5 years,or both."
LAW
- a� 19�� We County, Col do
Date \
GTSignature of Applicant)
Date 19
(Signature of Co-Applicant)
43. I HEREBY CERTIFY that all of the committee and administrative determinations and certifications required by
Farmers Home Administration regulations prerequisite to providing assistance of the type indicated above have been
made and that evidence thereof is in the docket,and that all requirements of pertinent regulations have been complied
with.I hereby approve the above-described assistance in the amount set forth above,and by this document,subject to
the availability of funds, the Government agrees to advance such amount to the applicant for the purposes of and
subject to conditions prescribed by Farmers Home Administration regulations applicable to this type of assistance.
(Signature of Approving Official)
Date Approved: Title:
44. TO THE APPLICANT: As of this date , this is notice that your application for the above financial
assistance from the Farmers Home Administration has been approved,as indicated above,subject to the availability
of funds and other conditions required by the Farmers Home Administration. If you have any questions contact the
County Supervisor.
r.,
FmHA " 'emotion 1944-N
Exhibit A
HOUSING PRESERVATION GRANT AGREEMENT
This Agreement dated Ny,cte 1Yg7` is between Weld County, Colorado (name) ,
Box A. Greeley. CO r7 (address) , (grantee) , organized and operating under
Colorado State Statute (authorizing State statute) , and the United States
of America acting through the Farmers Home Administration (FmHA) . FmHA
• agrees to grant a sum not to exceed $ 94,000.00 subject to
the terms and conditions of this Agreement; provided, however, that the
grant funds actually advanced and not needed for grant purposes shall
be returned immediately to FmHA. The Housing Preservation Grant (HPG)
Statement of Activities approved by FmHA, is attached, and shall commence
within 10 days of the date of execution of this agreement by FmHA and be
completed by (date) . FmHA may terminate the grant in
whole, or in part, at any time before the date of completion, whenever it
is determined that the grantee has failed to comply with the conditions of
this Grant Agreement or FmHA regulation related hereto. The grantee may
appeal adverse decisions in accordance with the FmHA Appeal Procedures contained
in Subpart B of Part 1900 of this chapter.
In consideration of said grant by FmHA to the Grantee, to be made pursuant to
Section 533 of the Housing Act of 1949, Housing Preservation Grant (HPG)
program, the grantee will provide such a program in accordance with the terms
( of this Agreement and applicable FmHA regulations.
1 -- PART A Definitions: -
1. "Beginning date" means the date this agreement is executed
by FmHA and costs can be incurred.
2. "Ending date" means the date when all work under this agreement
is scheduled to be completed. It is also the latest date
grant funds will be provided under this agreement, without an
approved extension.
3. "Disallowed costs" are those charges to a grant which the FmHA
determines cannot be authorized in accordance with applicable
Federal cost principles contained in Treasury Circular .
74-4, "Cost Principles Applicable to Grants and Contracts
with State and Local Governments," OMB Circular A-87, "Cost
Principles for State and Local Governments," OMB Circular
A-122, "Cost Principles for Nonprofit Organizations," and
other conditions contained in this Agreement and OMB Circular
A-102 "Uniform Requirements for Grants to State and Local
Governments," and OMB Circular A-110, "Grants and Agreements
with Institutions of Higher Education, Hospitals and Other
Nonprofit Organizations, Uniform Administrative Requirements,"
as appropriate.
4. "Grant closeout" is the process by which the grant operation
is concluded at the expiration of the grant period or following
a decision to terminate the grant.
(6-13-86) SPECIAL PN
Exntbtt A
;age
5. "Termination" of the grant means the cancellation of Federal
assistance, in whole or in part, at any time before the date of
completion.
PART B - Terms of agreement:
FmHA and grantee agree:
I . All grant activities shall be limited to those authorized in
Subpart N of 7 CFR 1944.
2. This Agreement shall be effective when executed by both parties.
3. The HPG activities approved by FmHA shall commence and be
completed by the date indicated above, unless earlier
terminated under paragraph B 18 below or extended.
4. Grantee shall carry out the HPG activities and processes as described
in the approved Statement of Activities which is made a part of
this Agreement. Grantee will be bound by the activities and
processes set forth in the Statement of Activities and the
further conditions set forth in this Agreement. If the Statement
iof Activities is inconsistent with the Agreement, the latter
will govern. A change of any activities and processes
must be in writing and must be signed by the FmHA State Director
or his or her delegated representative. _..
5. Grantee shall use grant funds only for the purpose and activities
approved by FmHA in the HPG budget. Any uses not provided for
in the approved budget must be approved in writing by FmHA in
advance.
6. If the Grantee is a private nonprofit corporation, expenses
charged for travel or per diem will not exceed the rates paid
FmHA employees for similar purposes. If the grantee is a
public body, the rates will be those that are allowable under
the customary practice in the government of which the grantee
is a part; if none are customary, the FmHA rates will be the
maximum allowed.
7. Grant funds will not be used for any of the following:
(a) To pay obligations incurred before the effective date of
this Agreement.
(b) To pay obligations incurred after the grant termination
or ending date.
(c) Entertainment purposes.
(d) To pay for capital assets, the purchase of real estate or
vehicles, improvement or renovation of grantee's office
space, or repair or maintenance of privately owned vehicles.
VmHA Instruction 1944—N
Exhibit A
Page 3
(e) Any other purpose specified in §§1944.664(f) and §1944.666(b)
of this subpart.
( f) Administrative expenses exceeding 20% of HPG grant funds.
8. Grant funds shall not be used to substitute for any financial suppor
previously provided and currently available or assured from
any other source.
9. Disbursal of grants will be governed as follows:
(a) In accordance with Treasury Circular 1075 ( fourth revision)
Part 205, Chapter II of title 31 of the Code of Federal
Regulations, grant funds will be provided by FmHA as cash
advances on an as needed basis not to exceed one advance
every 30 days. The advance will be made by direct Treasury
check to the grantee. The financial management system of
the recipient organization shall provide for effective
control over and accountability for all Federal funds as
stated in OMB Circular A-102 (42 FR 45828, September 12,
1977) for State and local governments and OMB Circular
A-110 (41 FR 32016, July 30, 1976) for nonprofit organizations.
(b) Cash advances to the grantee shall be limited to the
minimum amounts needed and shall be timed to be in accord
only with the actual, immediate cash requirements of the
Grantee in carrying out the purpose of the planned project.
The timing and amount of cash advances shall be as close as
administratively feasible to the actual disbursements by the
grantee for direct program costs (as identified in the grantee's
Statement of Activity and budget and fund use plan) and propor-
tionate share of any allowable indirect costs.
(c) Grant funds should be promptly refunded to the FmHA and
redrawn when needed if the funds are erroneously drawn
in excess of immediate disbursement needs. The only
exceptions to the requirement for prompt refunding are
when the funds involved:
(i) Will be disbursed by the recipient organization within
seven calendar days from the date of the Treasury
check, or
(ii) Are less than $10,000 and will be disbursed within
30 calendar days from the date of the Treasury check.
(d) Grantee shall provide satisfactory evidence to FmHA that
all officers of the Grantee organization authorized to
receive and/or disburse Federal funds are covered by satis-
factory fidelity bonds sufficient to protect FmHA's
interests.
(6-13-86) SPECIAL PN
FmHA Instruction 1944-N
Exhibit A
Page 4
10. The grantee will submit performance and financial reports as
indicated below to the appropriate FmRA office.
(a) As needed, but not more frequently than once every 30
calendar days, an original and 2 copies of SF-270,
"Request for Advance or Reimbursement."
(b) Quarterly, (not later than February 15, May 15, August 15,
and November 15 of each year), an original and 2 copies of
SF-269, "Financial Status Report," and a quarterly
performance report in accordance with §1944.683 of this
subpart.
(c) Within ninety (90) days after the termination or
expiration of the Grant Agreement, an original and 2 copies
of SF-269, and a final performance report
which will include a summary of the project's accom-
plishments, problems, and planned future activities of the
grantee for HPG. Final reports may serve as the last quarterly
report.
(d) FmHA may require performance reports more frequently if
deemed necessary.
11 . In accordance with FMC Circular 74-4, Attachment B, compensation
for employees will be considered reasonable to the extent
that such compensation is consistent with that paid for
similar work in other activities of the State or local
government.
12. If the grant exceeds $100,000, cumulative transfers among
direct cost budget categories totaling more than 5 percent
of the total budget must have prior written approval by FmHA.
13. Results of the program assisted by grant funds may be published
by the grantee without prior review by FmHA, provided that
such publications acknowledge the support provided by funds
pursuant to the provisions of Title V of the Housing Act of
1949, as amended, and that five copies of each such publications
are furnished to FmHA.
14. Grantee certifies that no person or organization has been
employed or retained to solicit or secure this grant for a
commission, percentage, brokerage, or contingent fee.
15. No person in the United States shall, on the grounds of race,
creed, color, sex, marital status, age, national origin, or
mental or physical handicap, be excluded from participating
in, be denied the proceeds of, or be subject to discrimination
in connection with the use of grant funds. Grantee will comply
with the nondiscrimination regulations of FmHA contained in
Subpart E of Part 1901 of this chapter.
Exhibit A
Page 5
16. In all hiring or employment made possible by or resulting from
this grant, the grantee: (a) will not discriminate against any
employee or applicant for employment because of race, creed,
color, sex, marital status, national origin, age, or mental or
physical handicap, and (b) will take affirmative action to insure
that employees are treated during employment without regard to
their race, creed, color, sex, marital status, national origin,
age, or mental or physical handicap. This requirement shall
apply to, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms
of compensation; and selection for training, including apprentice—
ship. In the event grantee signs a contract related to this
grant which would be covered by any Executive Order, law, or
regulation prohibiting discrimination, grantee shall include
in the contract the "Equal Employment Clause" as specified by
Form FmHA 400-1, "Equal Employment Agreement."
17. The grantee accepts responsibility for accomplishing the HPG
program as submitted and included in the Statement of Activities.
The grantee shall also:
(a) Endeavor to coordinate and provide liaison with State
and local housing organizations, where they exist.
(b) Provide continuing information to FmHA on the status
of grantee HPG programs, projects, related activities,
and problems.
(c) The grantee shall inform FmHA as soon as the following
types of conditions become known:
(i) Problems, delays, or adverse conditions which materially
affect the ability to attain program objectives, prevent
the meeting of time schedules or goals, or preclude the
attainment of project work units by established time
periods. This disclosure shall be accompanied by a
statement of the action taken or contemplated, new time
schedules required and any FmHA assistance needed
to resolve the situation.
( ii) Favorable developments or events which enable meeting
time schedules and goals sooner than anticipated or
producing more work units than originally projected.
18. Grant closeout and termination procedures will be as follows:
(a) Promptly after the date of completion or a decision to
terminate a grant, grant closeout actions are to be taken to
allow the orderly discontinuation of grantee activity.
(6-13-86) SPECIAL PN
Exhibit A ..r
Page 6
(i) The grantee shall immediately refund to FmHA any
uncommitted balance of grant funds.
(ii) The grantee will furnish to FmHA within 90 calendar
days after the date of completion of the grant
a SF-269 and all financial, performance, .
and other reports required as a condition of
the grant, including an audit report.
(iii) The grantee shall account for any property acquired
with HPG grant funds, or otherwise received from FmHA.
(iv) After the grant closeout, FmHA retains the right
to recover any disallowed costs which may be
discovered as a result of an audit.
(b) When there is reasonable evidence that the grantee has
failed to comply with the terms of this Agreement, the
State Director can, on reasonable notice, suspend the grant
pending corrective action or terminate the grant pursuant
to paragraph (c) below. In such instances, FmHA may reimburse
the grantee for eligible costs incurred prior to the
effective date of the suspension or termination and may
allow all necessary and proper costs which the grantee -
could not reasonably avoid. FmHA will withhold further
advances and grantees are prohibited from further obligating
grant funds, pending corrective action. . _
(c) Grant termination will be based on the following:
(i) Termination for cause. This grant may be terminated
in whole or in part at any time before the date of
completion, whenever FmHA determines that the grantee
has failed to comply with the terms of this Agreement.
The reasons for termination may include, but are not
limited to, such problems as:
(A) Failure to make reasonable and satisfactory progress
in attaining grant objectives. •
(B) Failure of grantee to use grant funds only
for authorized purposes.
(C) Failure of grantee to submit adequate and
timely reports of its operation.
(D) Violation of any of the provisions of any laws
administered by FmHA or any regulation issued
thereunder.
FmRA Instruction 1944—N
Exhibit A
Page 7
(E) Violation of any nondiscrimination or equal
opportunity requirement administered by FmHA
in connection with any FmHA programs.
(F) Failure to maintain an accounting system
acceptable to FmHA.
(ii) Termination for convenience. FmHA or the grantee
• may terminate the grant in whole, or in part, when
both parties agree that the continuation of the
project would not produce beneficial results
commensurate with the further expenditure of funds.
The two parties shall agree upon the termination
conditions, including the effective date and, in
case of partial termination, the portion to be
terminated.
(d) FmHA shall notify the grantee in writing of the
determination and the reasons for and the effective
date of the suspension or termination. Except for termination
convenience, grantees have the opportunity to appeal a
suspension or termination under FmHA's appeal procedure,
Subpart B of Part 1900 of this chapter.
19. Upon any default under its representatives or agreements
set forth in this instrument, the grantee, at the option and
demand of FmHA, will, to the extent legally permissable,
repay to FmHA forthwith the grant funds received with
interest at the rate of five percentum per annum from the
date of the default. The provisions of this Grant Agreement
may be enforced by FmHA, at its option and without regard
to prior waivers by it or previous defaults of the grantee, by
judicial proceedings to require specific performance of the
terms of this Grant Agreement or by such other proceedings
in law or equity, in either Federal or State Courts, as may
be deemed necessary by FmHA to assure compliance with the
provisions of this Grant Agreement and the laws and regulations
under which this grant is made.
20. Extension of this Grant Agreement and/or modifications of the
Statement of Activities may be approved by FmHA provided,
in its opinion, the extension and/or modification is justified
and there is a likelihood that the grantee can accomplish
the goals set out and approved in the Statement of Activities
during the period of the extension and/or modifications as
specified in 41944.684 of this subpart.
(6-13-86) SPECIAL PN
FmHA Instruction 1944-N
Exhibit A
Page 8
PART C Grantee agrees:
1. To comply with property management standards for expendable and
nonexpendable personal property established by Attachment N of
0MB Circular A-102 or Attachment N of 0MB Circular A-110 for
State and local governments or nonprofit organizations respectively.
"Personal property" means property of any kind except real property
It may be tangible--having physical existence--or intangible--
having no physical existence, such as patents, inventions, and
copyrights. "Nonexpendable personal property" means tangible
personal property having a useful life of more than one year
and an acquisition cost of $300 or more per unit. A grantee
may use its own definitions of nonexpendable personal property
provided that such definition would at least include all tangible
personal property as defined above. "Expendable personal property"
refers to all tangible personal property other than nonexpendable
personal property. When nonexpendable tangible personal property
is acquired by a grantee with project funds, title shall not be taken
by the Federal Government but shall vest in the grantee subject
to the following conditions: -
(a) - Right to transfer title. For items of nonexpendable
personal property having a unit acquisition cost of
$1,000 or more, FmHA may reserve the right to transfer
-'5' title to the Federal Government or to a third party
named by the Federal Government when such third party
is otherwise eligible under existing statutes. Such
reservation shall be subject to the following standards:
(i) The property shall be appropriately identified in
the grant or otherwise made known to the Grantee in
writing.
(ii) FmHA shall issue disposition instructions within
120 calendar days after the end of the Federal
'` support of the project for which it was acquired.
If FmHA fails to issue disposition instructions
within the 120 calendar day period, 'the grantee
shall apply the standards of paragraph 1(c) below.
(iii) When FmHA exercises its right to take title, the
personal property shall be subject to the provi—
sions for federally owned nonexpendable property
discussed in paragraph 1(a)(iv) below.
FmH/ tstruction 1944—N
Exhibit A
Page 9
(iv) When title is transferred either to the Federal
Government or to a third party and the grantee is
instructed to ship the property elsewhere, the
grantee shall be reimbursed by the benefitting
Federal agency with an amount which is computed
by applying the percentage of the grantee partici—
pation in the cost of the original grant project
or program to the current fair market value of
the property, plus any reasonable shipping or
interim storage costs incurred.
(b) Use of other tangible nonexpendable property for which
the grantee has title.
(i) The grantee shall use the property in the project
or program for which it was acquired as long as
needed, whether or not the project or program
continues to be supported by Federal funds. When
it is no longer needed for the original project or
program, the grantee shall use the property in
connection with its other Federally sponsored
activities, in the following order of priority:
(A) Activities sponsored by FmHA.
(B) Activities sponsored by other Federal agencies.
(ii) Shared use. During the time that nonexpendable
personal property is held for use on the project
or program for which it was acquired, the Grantee
shall make it available for use on other projects
or programs if such other use will not interfere
with the work on the project or program for which
the property was originally acquired. First preference
for such other use shall be given to other projects
or programs sponsored by FmHA; second preference
shall be given to projects or programs sponsored
by other Federal agencies. If the property is owned
by the Federal Government, use on other activities
not sponsored by the Federal Government shall be
permissable if authorized by FmHA. User charges
should be considered if appropriate.
(c) Disposition of other nonexpendable property. When the
grantee no longer needs the property, the property may be
used for other activities in accordance with the following
standards:
(6-13-86) SPECIAL PN
FmiiA Instruction 1944—N
Exhibit A
Page 10
(i) Nonexpendable property with a unit acquisition
cost of less than $1,000. The grantee may use the
property for other activities without reimbursement
to the Federal Government or sell the property and
retain the proceeds.
(ii) Nonexpendable personal property with a unit
acquisition cost of $1,000 or more. The grantee
may retain the property for other use provided
that compensation is made to FmHA or its successor.
The amount of compensation shall be computed by
applying the percentage of Federal participation
in the cost of the original project or program to
the current fair market value of the property. If
the grantee has no need for the property and the
property has further use value, the grantee shall
request disposition instructions from the original
Grantor agency. FmHA shall determine whether the
property can be used to meet the agency's require—
ments. If no requirement exists within that agency,
the availability of the property shall be reported,
in accordance with the guidelines of the Federal
Property Management Regulations (FPMR) to the General
Services Administration by FmHA to determine whether
a requirement for the property exists in other Federal
agencies. FmHA shall issue instructions to the grantee
no later than 120 calendar days after the grantee
request and the following procedures shall govern:
(A) If so instructed or if disposition instructions
are not issued within 120 calendar days after
the grantee's request, the grantee shall sell
the property and reimburse FmHA an amount computed
by applying to the sales proceeds the percentage
of Federal participation in the cost of the
original project or program. However, the grantee
shall be permitted to deduct and retain from
the Federal shares $100 or ten percent of the
proceeds, whichever is greater, for the grantee's
selling and handling expenses.
(B) If the grantee is instructed to dispose of the
property other than as described in paragraph 1
(a)(iv) above, the grantee shall be reimbursed
by FmHA for such costs incurred in its disposition.
Fmr Instruction 1944—N
Exhibit A
Page 11
(C) The grantee's property management standards for
nonexpendable personal property shall include
the following procedural requirements:
(1) Property records shall be maintained
accurately and shall include:
(a) A description of the property.
(b) Manufacturer's serial number, model
number, Federal stock number, national
stock number, or other identification
number.
(c) Sources of the property including grant
or other agreement number.
(d) Whether title vests in the grantee or
the Federal Government.
(e) Acquisition date (or date received, if
the property was furnished by the Federal
Government) and cost.
(f) Percentage (at the end of the budget
year) of Federal participation in the
cost of the project or program for which
the property was acquired. (Not applicable
to property furnished by the Federal
Government) .
(j) Location, use, and condition of the property
and the date the information was reported.
(h) Unit acquisition cost.
(i) Ultimate disposition data, including
date of disposal and sales price or the
method used to determine current fair
market value when a grantee compensates
the Federal agency for its share.
(2) Property owned by the Federal Government
must be marked to indicate Federal ownership.
(6-13-86) SPECIAL PN
is.
FmHA Instruction 1944—N
Exhibit A
Page 12
(3) A physical inventory of property shall be
taken and the results reconciled with
the property records at least once every
two years. Any difference between quan—
tities determined by the physical inspection
and those shown in the accounting records
shall be investigated to determine the
causes of the difference. The grantee
shall, in connection with the inventory,
verify the existence, current utilization,
and continued need for the property.
(4) A control system shall be in effect to
ensure adequate safeguards to prevent
loss, damage, or theft of the property.
Any loss, damage, or theft of nonexpendable
property shall be investigated and fully
documented; if the property was owned by
the Federal Government, the grantee
shall promptly notify FmHA.
(5) Adequate maintenance procedures shall be --
implemented to keep the property in good
condition.
(6) When the grantee is authorized or required
to sell the property, proper sales proce—
dures shall be established which will
provide for competition to the extent
practicable and result in the highest
possible return.
(7) Expendable personal property shall vest
in the grantee upon acquisition. If
there is a residual inventory of such
property exceeding $1,000 in total aggre-
gate fair market value, upon termination
or completion of the grant and if the
property is not needed for any other
federally sponsored project or program,
the grantee shall retain the property
for use on nonfederally sponsored activi-
ties, or sell it, but must in either
case compensate the Federal Government
for its share. The amount of compensation
shall be computed in the same manner as
nonexpendable personal property.
remMA Instruction 1944—N
Exhibit A
Page 13
2. To provide a financial management system which will include:
(a) Accurate, current, and complete disclosure of the financial
results of each grant. Financial reporting will be on
an accrual basis.
(b) Records which identify adequately the source and application
of funds for grant-supported activities. Those records
shall contain information pertaining to grant awards and
authorizations, obligations, unobligated balances, assets,
liabilities, outlays, and income.
(c) Effecting control over and accountability for all funds,
property, and other assets. Grantee shall adequately
safeguard all such assets and shall assure that they
are solely for authorized purposes.
(d) Accounting records supported by source documentation.
3. To retain financial records, supporting documents, statistical
records, and all other records pertinent to the grant for a
period of at least three years after the submission of the
final Project Performance report pursuant to Part B (10)(c)
of this Agreement except in the following situations:
(a) if any litigation, claim, audit, or investigation is
commenced before the expiration of the three year period,
the records shall be retained until all litigations, claims,
audit or investigation findings involving the records have
been resolved.
(b) Records for nonexpendable property acquired by FmHA, the
three year retention requirement is not applicable.
(c) When records are transferred to or maintained by FmHA, the
"three year retention requirement is not applicable.
Microfilm copies may be substituted in lieu of original records.
FmHA and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have
access to any books, documents, papers, and records of the
grantee which are pertinent to the specific grant program for
the purpose of making audits, examinations, excerpts, and
transcripts. - - -
4. To provide information as requested by FmHA concerning the
grantee's actions in soliciting citizen participation in the
application process, including published notice of public
meetings, actual public meetings held, and content of written
comments received.
(6-13-86) SPECIAL PN
.4
FmHA Instruction 1944-N
Exhibit A
Page 14
5. Not to encumber, transfer, or dispose of the property or any
part thereof, furnished by FmHA or acquired wholly or
in part with HPG funds without the written consent of
FmHA except as provided in Part C 1 of this Agreement.
6. To provide FmHA with such periodic reports of grantee
operations as may be required by authorized representatives
of FmRA.
7. To execute Form FmHA 400-1, and to execute any other agreements
required by FmHA to implement the civil rights requirements.
8. To include in all contracts in excess of $100,000 a provision
for compliance with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act, 42 U.S.C.
§1875C-9 as amended. Violations shall be reported to FmHA and
the Regional Office of the Environmental Protection Agency.
9. That no member of Congress shall be admitted to any share /
or part of this grant or any benefit that may arise therefrom,
but this provision shall not be construed to bar as a
contractor under the grant a publicly held corporation
whose ownership might include a member of Congress.
10. That all nonconfidential information resulting from its
activities shall be made available to the general public on
an equal basis.
11. That the purpose for which this grant is made may complement,
but shall not duplicate programs for which monies have been
received, are committed, or are applied for from other sources,
public and private.
12. That the grantee shall relinquish any and all copyrights and/or
privileges to the materials developed under this grant, such
material being the sole property of the Federal Government. In
the event anything developed under this grant is published in
whole or in part, the material shall contain notice and be identi—
fied by language to the following effect: "The material is the
result of tax—supported research and as such is not copyrightable.
It may be freely reprinted with the customary crediting of the
source."
..# FmHA Instruction 1944-N
Exhibit A
Page 15
14. That the grantee shall abide by the policies promulgated in
OMB Circular A-102, Attachment 0, or OMB Circular A-110,
Attachment 0, as applicable, which provides standards for use by
Grantees in establishing procedures for the procurement of
supplies, equipment, and other services with Federal grant. _
funds.
15. That it is understood and agreed that any assistance granted
under this Agreement will be administered subject to the
limitations of Title V of the Housing Act of 1949 as amended,
42 USC 1471 et. seq., and related regulations, and that all
rights granted to FmHA herein or elsewhere may be exercised
by it in its sole discretion to carry out the purposes of
the assistance, and protect FmHA's financial interest.
16. That it will adopt a Standard of Conduct that provides that,
if an employee; officer, or agent of the grantee, or such person's
immediate family members conducts business with the grantee,
the grantee must not:
(a) Participate in the selection, award, or administration of
a contract to such persons for which federal funds are
used;
(b) Knowingly permit the award or administration of the contract
to be delivered to such persons or other immediate family members
or to any entity (i.e., partnerships, corporation, etc.) in
which such persons or their immediate family members have an 'A .-.
ownership interest; or
(c) Permit such person to solicit or accept gratutities, favors
or anything of monetary value from landlords or developers of
rental or ownership housing projects or any other person receiving
HPG assistance.
PART D FmHA agrees:
I. That it may assist grantee, within available appropriations,
with such technical and management assistance as needed in
coordinating the Statement of Activities with local officials,
comprehensive plans, and any State or area plans for improving
housing for very low— and low—income households in the area in
which the project is located.
2. That at its sole discretion; FmHA may at any time give any
consent, deferment, subordination, release, satisfaction, or
termination of any or all of grantee's grant obligations, with or without valuable consideration, upon such terms and conditions
as Grantor may determine to be (a) advisable to further the pur—
poses of the grant or to protect FmHA's financial interests
therein, and (b) consistent with the statutory purposes of
the grant and the limitations of the statutory authority under
which it is made and FmHA's regulations.
(6-13-86) SPECIAL PN
Exhihit A .�
Page 16
This Agreement is subject to current FmHA regulations and any
future regulations not inconsistent with the express terms hereof.
Grantee has caused this Agreement to be executed by its duly authorized
properly attested to and its corporate seal affixed by its
duly authorized
At t:/pil,d,
Gantee:SKeedy9
d County, Colorado
0' By e /
/ :
/ Chairman
//
DCARD
�Y: � � < -� (Title) G(%eil9D.--
DEPu i'i CLERK 10 ma DOhhT
UNITED STATES OF AMERICA
FARMERS HOME ADMINISTRATION:
B � � 7
By
udy clicTi'
State Director
(Title)
Date of Execution of Grant Agreement by FmHA:
A . \ ,\
ATTACHED STATEMENT OF ACTIVITIES IS MADE PART OF THIS AGREEMENT
oOo
•
firtltS
DEPARTI .ENT OF SOCIAL SERVICES
P.0 BOX
GREELEY,COLORADO 80632
35
Administration and Public Assistance(303)352-1551
Child Support(303)352-6933
Child Protection and Day Care(303)352-1923
IFood Stamps(303)356-3850
C.
COLORADO
TO: George Kennedy, Chairman
Weld County Board of Commission rs
FROM: Judy A. Griego, Director
SUBJECT: Housing Preservation Grant Fin Appl catio
Grant Agreement and Request fo Obli ion o Fun s
DATE: June 18, 1992
Attached for Board action is the Housing Preservation Final Application,
Grant Agreement and Request for Obligation of funds which was discussed at
the June 15th Board Work Session.
As explained at the work session, the award will provide $94,000 to augment
our CDBG housing rehabilitation efforts in our current target area. The
target area includes Erie, Firestone, Fort Lupton, Gilcrest, Johnstown and
Platteville.
JS:jac
92055o
J- 1-Oa I O
Hello