HomeMy WebLinkAbout951048.tiff RESOLUTION
RE: APPROVE HOUSING PRESERVATION GRANT AGREEMENT WITH U. S. FARMERS
HOME ADMINISTRATION 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 a Housing Preservation Grant Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Housing Authority, and the U. S.
Farmers Home Administration (FmHA), commencing May 1995, and ending April 1996, with further
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, ex-officio Housing Authority Board, that the Housing Preservation Grant
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Housing Authority, and the U. S.
Farmers Home Administration (FmHA) 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 vote on the 22nd day of May, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
/ G%� COUNTY, COL RAD
Dale K. HallSirkmer,
Chairman
*' , Clerk to the Board
4, AL �� Prom
. Deputy CI=rJ to the Board �4t
Geor et Baxter
APP AS TOFO �y / > �� .,
GOonstance L. Harbert
urity Attorne ! ;% �(� j
W. H. Webster
951048
(/' : fig HA0015
FmHA Instruction 1944-N
Exhibit A
HOUSING PRESERVATION GRANT AGREEMENT
This agreement dated /t ` 7
Weld County °—L9�r is between
P O Box A Greele CO 80632 name) ,
the grantee, organized and operating under (address) ,
and the United States of America acting throughtthe1zin Farmersate Hometatute) ,
Administration (FmHA) . FmHA agrees to grant a sum not to exceed
$ 90.MO ___ , 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
FmHA may terminate the grant in whole, or in part, at any time before(da the
date of completion, whenever it is determined that the grantee has failed
to comply with the conditions of this grant agreement or FmHA regulations
related hereto. The grantee may appeal adverse decisions in accordance
with FmHA's 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, HPG program, the grantee will
provide such a program in accordance with the terms of this grant
agreement and applicable FmHA regulations.
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 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
FmHA determines cannot be authorized in accordance with
applicable Federal cost principles contained in 7 CFR Parts
3015 and 3016, 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.
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951048
FmHA Instruction 1944-N
Exhibit A
Page 2
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 the grantee agree that:
1. All grant activities shall be limited to those
authorized in this subpart.
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, of this grant agreement, or
extended.
4. The grantee shall carry out the HPG activities and
•
processes as described in the approved statement of activities r ;
which is made a part of this grant 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 grant agreement. If the statement of activities is
inconsistent with this grant agreement, then the latter will
govern. A change of any activities and processes must be in
writing and must be signed by the approval official.
5. The grantee shall use grant funds only for the purposes
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 to Federal employees or (if lower) an amount
authorized by the grantee 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 party; if none are customary, the FmHA
rates will be the maximum allowed.
951048
FmHA Instruction 1944-N
Exhibit A
Page 3
7 . Grant funds will not be used for any of the following:
(a) To pay obligations incurred before the beginning
date or after the ending date of this agreement;
(b) For any entertainment purposes;
(c) To pay for any capital assets, the purchase of
real estate or vehicles, the improvement or renovation
of the grantee's office space, or for the repair or
maintenance of privately owned vehicles;
(d) Any other purpose specified in §1944.664 (g) or
§1944.666 (b) of this subpart; or
(e) For administrative expenses exceeding 20 percent
of the HPG grant funds.
8. The grant funds shall not be used to substitute for any
financial support previously provided and currently available
or assured from any other source.
9 . The dispersal 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. In
addition, the grantee must submit Standard Form
(SF) 272, "Federal Cash Transactions Report, " each time
an advance of funds is made. This report shall be used
by FmHP. to monitor cash advances made 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
7 CFR Patts 3015 and 3016.
1
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951048
FmEA Instruction 1944-N
Exhibit A
Page 4
(b) Cash advances to the grantee shall be limited to
the minimum amounts needed and shall oe 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
activities and budget and fund use plan) and
proportionate 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 7 calendar days from the date
of the Treasury check; or
(ii) Are less than $10,000 and will be disbursed ,;ji; jpjjfkl
within 30 calendar days from the date of (the 1
Treasury check.
(d) Grantee shall provide satisfactory evidence to
FmHA that all officers of the grantees' organization
authorized to receive and/or disburse Federal funds are
covered by fidelity bonds in an amount not to exceed the
grant amount to protect FmHA's interests .
10. The grantee will submit performance, _inancial, and
annual reports as indicated in this subpart to the appropriate
FmHA office. These reports must be reconciled to the
grantees' accounting records, especially on the final report.
(a) As needed, but not more frequently than once every
30 calendar days, submit an original and two copies of
SF-270, "Request for Advance or Reimbursement. " In
addition, the grantee must submit an SF-272, each time
an advance of funds is made . This report shall be used
by FmHA to monitor cash advances made to the grantee .
951045
FmHA Instruction '_944-N
Exhibit A
Page 5
(b) Quarterly reports will be submitted within 15
days , but no later than 45 days after the end of each
calendar quarter. An original and one copy of SF-269 ,
"Financial Status Report, " and a quarterly performance
report in accordance with §1944.683 of this subpart .
Item 10, g (total program outlays) of SF-269 , should be
less any rebates, refunds, or other discounts .
(c) Within 90 days after the termination or expiration
of the grant agreement, an original and two copies of
SF-269, and a final performance report which will
include a summary of the project's accomplishments ,
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 Office of Management and Budget (OMB)
Circular A-87, "Cost Principles for State and Local
Governments" (available in any FmHA office) , 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. The 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. The 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 .
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951048
FT.HA Instructicn 1944-N
Exhibit A
Page 6
15 . No person in the United States shall , on the grounds of
race , religion, color, sex, familial status, age , national
origin, or 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.
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, religion,
color, sex, familial status , age, national origin, or
handicap, and
(b) Will take affirmative action to insure that
employees are treated during employment without regard
to their race, religion, color, sex, familial status ,
age, national origin, or handicap. This requirement
shall apply to, but not be limited to, the following:
employment, upgrading, demotion, or transfer; sf”,,,\
recruitment or recruitment advertising, layoff' or )
termination, rates of pay or other forms of
compensation; and selection for training, including
apprenticeship.
(c) 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 Oportunity Agreement. "
17 . The grantee accepts responsibility for accomplishing the
HPG program as submitted and included in its preapplication,
application, including its 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.
951o4q
FmHA Instruction 1944-N
Exhibit A
Page 7
(c) 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 . The 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.
(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, SF-269 .and all financial, performance, and
other reports required as a condition of the
grant, including a final audit report, as required
by 7 CFR Parts 3015 and 3016 .
(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.
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951048
FmHA Instruction 1944-N
Exhibit A
Page 8
(b) When there is reasonable evidence that the grantee
has failed to comply with the terms of this grant
agreement, the State Director can, on reasonable notice ,
suspend the grant pending corrective action or terminate
the grant in accordance with paragraph B, 18 (c) of this
grant agreement. 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 use of
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: ,, ;ieujf
(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.
(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.
951048
FmHA Instruction 19'.4-0
Exhibit A
Page 9
(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 for 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 permissible, repay
to FmHA forthwith the grant funds received with interest at
the rate of 5 percent per annum from the date of the default.
The provisions of this grant agreement may be enforced by
FmHA, at its options 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, modifications of the
statement of activities , or changes in the grantee' s budget
may be approved by FmHA provided, in FmHA's opinion, the
extension 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
§1944. 684 of this subpart.
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951048
FmH4 Instruction 1944-N
Exhibit A
Page 10
PART C Grantee agrees:
1. To comply with property management standards for
expendable and nonexpendable personal property established by
7 CFR Parts 3015 and 3016 .
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 a cash basis. The financial management
system shall include a tracking system to insure that
all program income, including loan repayments, are used
properly.
(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
.a?iGs8it�
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 3 years after the submission of
the final performance report, in accordance with paragraph B
10 (c) of this grant agreement, except in the following
situations:
(a) If any litigation, claim, audit, or investigation
is commenced before the expiration of the 3-year period
the records shall be retained until all litigations ,
claims , audit, or investigative findings involving the
records have been resolved.
(b) Records for nonexpendable property acquired by
FmHA, the 3-year retention requirement is not
applicable.
951048
FmHA Instruction 1944-N
Exhibit A
Page 11
(c) When records are transferred to or maintained by
FmHA, the 3-year retention requirement is not
applicable.
(d) 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 applications process, including published notices of
public meetings, actual public meetings held, and content of
written comments received.
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.
6. To provide FmHA with such periodic reports of grantee
operations as may be required by authorized representatives of
FmHA.
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 th_ 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 public-held corporation whose
ownership might include a member of Congress .
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951048
FmHA Instruction 1944-N
Exhibit A
Page 12
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 a
notice and be identified 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. "
13. That the grantee shall abide by the policies promulgated
in 7 CFR Parts 3015 or 3016, as applicable, which provides
standards for use by grantees in establishing procedures for ;«; i� ;�
the procurement of supplies, equipment, and other services ')
with Federal grant funds .
14. That it is understood and agreed that any assistance
granted under this grant agreement will be administered
subject to the limitations of Title V of the Housing Act of
1949 , as amended, 42 U.S.0 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 our the purposes of the assistance, and protect FmHA' s
financial interest.
15. That the grantee will adopt a standard of conduct that
provides that, if an employee, officer, or agency 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;
951049
FmHA Instruction 1944-N
Exhibit A
Page 13
(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 , corporations, etc. ) in which such persons
or their immediate family members have an ownership
interest; or
(c) Permit such person to solicit or accept
gratuities, favors, or anything of monetary value from
landlords or developers of rental or ownership housing
projects or any other person receiving HPG assistance.
16 . That the grantee will be in compliance with and provide
the necessary forms concerning the Debarment and Suspension
and the Drug-free Workplace requirements found in §1944.654 of
this subpart.
17. That the grantee will comply with the requirements in
respect to rental properties and cooperatives (co-ops) and
will execute an agreement with the owners or co-op as found in
§§1944.662 and 1944.663 of this subpart, specifically:
(a) If the co-op or rental property owner(s) or their
successors in interest fail to carry out the
requirements of this grant agreement, the ownership
agreement, or any requirements noted in this subpart
during the applicable period, they shall make a payment
to FmHA in an amount that equals the total amount of the
assistance provided by the grantee plus interest thereon
(without compounding) for each year and any fraction
thereof that the assistance was outstanding The
interest rate shall be that as determined by FmHA at the
time of infraction taking into account the average yield
on outstanding marketable long-term obligations of the
United States during the month preceding the date on
which the assistance was initially made available.
(b) Notwithstanding any other provision of law, any
assistance provided shall constitute a debt, which is
payable in the case of any failure to carry out the
agreement between the grantee and the rental property
owner(s) or co-op and shall be secured by the security
instruments provided by them to FmHA.
18. That all requirements of this subpart concerning HPG's
will be followed.
(09-01.-93) PN 212
951048
FmHA Instruction 1944-N
Exhibit A
Page 14
PART D FmHA agrees:
1. That it will assist the 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 or program 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 the grantee's grant
obligations, with or without valuable consideration, upon such
terms and conditions as the grantor may determine to be:
(a) Advisable to further the purposes 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.,
PART E Attachments:
The statement of activities is attached to and made a part of this grant
agreement.
•
951048
FmHA Instruction 1944-N
Exhibit A
Page 15
-Phis grant agreement is subject to current FmHA regulations and
any future regulations not inconsistent with the express terms hereof.
Grantee has caused this grant agreement to be executed by its duly
authorized Chairman of the Weld County Board of Commissioners, Dale K,. Hall,
properly attested to and its corporate seal affixed by its duly �
9
auti4W, rice._ < IL:: my Clerk to the Board, Donald D. Warden 1
A• Ai'iW,` t yv Grante
td6 1.1.4.4t4 BY: \\‘' I :)11 '
ATI,
;�I"�� �J . ,� n Chairman, Weld County Board of Commissioners
By Depu.K.�=t�1.K l 1 o Boar (Title)
rr� Deputy lerk to Board
Date of Execution of Grant Agreement by Grantee:
47�A/9s
United States Of America
Farmers Home Administration
By z
Ru f4 Rodriguez
State Director CCI:3-- ---
(Title)
Date of Execution of Grant Agreement by FmHA:
oOo
(09-01-93) PN 212
951048
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