HomeMy WebLinkAbout20233286.tiff RESOLUTION
RE: APPROVE FUNDING APPROVAL/AGREEMENT TRANSMITTAL FOR HOUSING
AND URBAN DEVELOPMENT (HUD) GRANT FUNDS FOR 2023 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AND AUTHORIZE
CHAIR PRO-TEM TO SIGN
WHEREAS,the Board of County Commissioners of Weld County,Colorado,pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS, the Board has been presented with a Funding Approval /Agreement
Transmittal for the Housing and Urban Development(HUD)Grant for the 2023 Community
Development Block Grant(CDBG)Program between the County of Weld,State of Colorado,by
and through the Board of County Commissioners of Weld County,on behalf of the Department of
Finance and Administration,and the U.S.Department of Housing and Urban Development,Office
of Community Planning and Development,commencing upon full execution of signatures,and
ending September 1,2030,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,that the Funding Approval/Agreement Transmittal for the Housing and
Urban Development(HUD)Grant for the 2023 Community Development Block Grant(CDBG)
Program between the County of Weld,State of Colorado,by and through the Board of County
Commissioners of Weld County,on behalf of the Department of Finance and Administration,and
the U.S.Department of Housing and Urban Development,Office of Community Planning and
Development,be,and hereby is,approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be,and hereby is,
authorized to sign said agreement.
cc•.Fi(cv/so)AcTC.D),CDS6(ERIcK) 2023-3286
F10078 11/o5/a3
FUNDING APPROVAL / AGREEMENT TRANSMITTAL FOR HOUSING AND URBAN
DEVELOPMENT(HUD)GRANT FOR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)PROGRAM
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 6th day of November,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: EXCUSED
Mike Freeman,Chair
Weld County Clerk to the Board 4P4407t4a
teit
B`( .� ,, Pe L.Buck,Pro-Tem
tk U.rp rn•. Q�LIC) C-�/
Deputy Clerk to the Board
t K.Jame
APP:•VED o FORM:
r
e i D.Ross
Count ttorney ,,
j Saine
Date of signature: I(DB I n ®u wl��
2023-3286
FI0078
U.S.Department of Housing and Urban Development """11
Community Planning and Development Region VIII,Denver Phone:303-672-5414 ..
N pp.M1 I
1670 Broadway Street Fax:303-672-5028
Denver,Colorado 80202-4801 Web:www.hud.gov
November 1,2023
Elizabeth Relford
Deputy Director/CDBG Program Manager
Weld County Public Works
1111 H Street
Greeley,CO 80632-0758
SUBJECT: Fiscal Year 2023 Grant Agreement Transmittal
Dear Ms.Relford:
The Denver Region VIII Office would like to thank you for your continued partnership in
providing quality affordable housing,a suitable living environment,and expanding economic
opportunities for low-and moderate-income persons through the U.S.Department of Housing
and Urban Development(HUD)programs.On Thursday,June 10,2021,the Department
published an interim final rule with a request for comments,titled:Requesting Affirmatively
Furthering Fair Housing Definitions and Certifications(86 Fed Reg 30779).The effective date
for the interim rule is July 31,2021,and you are encouraged to review the interim rule in
developing your programs.
One Grant Agreement is attached for each program awarded as follows:
Community Development Block Grant Program(CDBG) $1,177,685.00
Total FY 2023 Award $1,177,685.00
Plan Approval
Transmittal of a grant agreement does not constitute approval of the activities described
in your Consolidated Plan.You are reminded that you,as grantee,are responsible for ensuring
that all grant funds are used in accordance with all program requirements.An executed Grant
Agreement is a legally binding agreement between the Department of Housing and Urban
Development and your agency.
Please note the special conditions attached to each Funding Approval/Agreement,
including CDBG.
In accordance with the HOME regulations at 24 CFR 92.254(a)(5),a Participating
Jurisdiction(PJ)must establish resale and/or recapture requirements that comply with the
standards of the regulation.Furthermore,the resale and/or recapture requirements must be set
forth in the PJ's Consolidated Plan.HUD must determine if the PJ's provisions comply with the
2023-32�S�
requirements of the regulations and notify the PJ in writing of its determination.HUD has
reviewed your resale and/or recapture provisions and has determined that the provisions included
in the Plan comply with the requirements at 24 CFR 92.254(a)(5).
Environmental Review Requirements
You are reminded that certain activities are subject to the provisions of 24 CFR Part 58
(Environmental Review Procedures).Funds for such activities may not be obligated or expended
until HUD has approved the release of funds in writing.A request for release of funds(RROF)
must be accompanied by an environmental certification,and until the RROF is approved and
notification is received,no HUD funds should be committed. If the project or activity is exempt
per 24 CFR 58.34 or categorically excluded(except in extraordinary circumstances),no RROF is
required.
Build America,Buy America(BABA)
On November 15,2021,the Build America,Buy America Act(the Act)was enacted as
part of the Infrastructure Investment and Jobs Act(IIJA)Pub.L.117-58.The Act establishes a
domestic content procurement preference,the Buy American Preference(BAP),for Federal
programs that permit Federal financial assistance to be used for infrastructure projects.In
Section 70912,the Act further defines a project to include"the construction,alteration,
maintenance,or repair of infrastructure in the United States"and includes within the definition
of infrastructure those items traditionally included along with buildings and real property.
Starting May 14,2022,new awards of Federal financial assistance(FFA)from a program for
infrastructure,and any of those funds obligated by the grantee,are covered under the Build
America,Buy America(BABA)provisions of the Act,41 U.S.C.8301 note. The waiver,
published March 15,2023,establishes a phased implementation schedule for application of the
BAP to covered materials and HUD programs.
The BAP is applicable now to iron and steel used in covered CDBG projects,i.e.for
projects using funds obligated on or after November 15,2022. For Office of Community
Planning and Development(CPD),the BAP will apply next to iron and steel used in covered
Recovery Housing Program(RHP)projects for funding obligated on or after August 23,2023.
The Phased Implementation waiver established the following implementation schedule for HUD
programs:
BAP will apply to... Iron and Steel Specificany Listed All Other Construction Manufactured
Construction Materials Materials Products
CDBG Formula All funds obligated on or after As of the date HUD As of the date HUD As of the date
Grants November 15,2022 obligates new FFA from obligates new FFA from HUD obligates
FY24 appropriations FY25 appropriations new FFA from
FY25
appropriations
Choice Neighborhood, New FFA obligated by HUD New FFA obligated by HUD New FFA obligated by New FFA
Lead Hazard on or after February 22,2023 on or after August 23,2024 HUD on or after August obligated by
Reduction,and 23,2024 HUD on or
Healthy Homes after August
Production Grants 23,2024
li
Recovery Housing New FFA obligated by HUD As of the date HUD As of the date HUD As of the date
Program(RHP) on or after August 23,2023 obligates new FFA from obligates new FFA from HUD obligates
Grants FY24 appropriations FY25 appropriations new FFA from
FY25
appropriations
All HUD FFA except New FFA obligated by HUD New FFA obligated by HUD New FFA obligated by New FFA
HOME,Housing Trust on or after February 22,2024 on or after August 23,2024 HUD on or after August obligated by
Fund,and Public 23,2024 HUD on or
Housing FFA used for after August
maintenance projects 23,2024
All HUD FFA New FFA obligated by HUD New FFA obligated by HUD New FFA obligated by New FFA
on or after August 23,2024 on or after August 23,2024 HUD on or after August obligated by
23,2024 HUD on or
after August
23,2024
Additional details on fulfilling the BABA requirements can be found at
https://www.hud.gov/program offices/general counsel/BABA.
Executing the Grant Agreement
Please execute each Grant Agreement with electronic signature and date and return to this
office to the attention of Noemi Ghirghi,Regional Director,Director,Community Planning and
Development.Please ensure the Chief Elected Official and/or authorized designee electronically
signs the CDBG grant agreement in the box directly across from the HUD CPD Director's
signature.The CDBG Grant Agreement should not be electronically signed in box 12c.
Maintain a copy of each agreement with your original signature on-site in your program files.
For additional information and guidance on grant-based accounting,please refer to the
HUD Exchange at:https://www.hudexchange.info/manage-a-program/grant-based-accounting/.
To establish a Line of Credit for Fiscal Year 2023 grant funds,it will be necessary for
your agency to sign,execute and return one(1)copy of each Grant Agreement. If there is a need
to add or remove individuals authorized to access the Integrated Disbursement Information
System(IDIS),please submit an IDIS Online Access Request Form(HUD 27055),notarize,and
return to this office.Additionally,if there is a need to establish or change the depository account
where these funds are to be wired,a Direct Deposit Sign-Up form(SF-1199A)must be
completed by your financial institution and returned to this office with a copy of a voided check.
HUD congratulates Weld County on your grant award,and we look forward to assisting
you in accomplishing your program's goals. If you have any questions or need further
information or assistance,please contact Ben Alamprese,CPD Representative at(303)672-5193
or Benjamin.m.alamprese@hud.gov.
Sincerely,
Tier**. c
emi Ghirghi
Regional Director
CHRON
FILE COPY
\\DDENNFP001\orgdata\cpd\CHRON\2023\Alamprese
8AD 8AD
BA 9/25/23 G,,Ii9 9.z5.zaz3
ALAMPRESE DAVIS
DocuSign Envelope ID:13D573BA-0D1B-4E93-A5B7-E73736ED1CBA
Funding Approval/Agreement U.S.Department of Housing and Urban Development
Title I of the Housing and Community Office of Community Planning and Development
Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193
HI-00515R of 20515R exp 1/31/2025
1.Name of Grantee(as shown in item 5 of Standard Form 424) B.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number
Weld County 846000813 MKKXT9U9MTV5(17E1)
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
1150 O Street 04/01/2023
Greeley,CO 80631 5a.Project/Grant No.1 6a.Amount Approved
B-23-UC-08-0006 $1,177,685.00(by this action)
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement:This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the
HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute
part of the Agreement.Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties.The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements.Pre-agreement costs may not be paid with funding
assistance specified here unless they arc authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval.The Grantee
agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary
pursuant to Section 104(g)of Title I and published in 24 CFR Part 58.The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-
recipient entities to which it makes funding assistance hereunder available.
U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization)
Noemi Ghirghi Weld County
Title Title
CPDDirector BOCC, Pro-Tem
Signature Date(rnm/dd/yyyy) Signatur Date(mm/dd/yyyy)
XE41,rt~1 aluqu 11/1/2023 NOV 0 6 2023
Perry . Buck
7.Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one
(check one) (mm/dd/yyyy) ®a.06g.Funding
Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval
®Attached (mm/dd/yyyy) ❑b.Amendment
9c.Date of Start of Program Year Amendment Number
04/01/2023
11.Amount of Community Development
Block Grant FY 2023
a.Funds Reserved for this Grantee
b.Funds now being Approved $1,177,685.00
c.Reservation to be Cancelled
(11a minus 11b)
12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency
N/A
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant numbers)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency
guarantee assistance,and agrees to comply with the terms and conditions
of the Agreement,applicable regulations,and other requirements of HUD Title
now or hereafter in effect,pertaining to the assistance provided it.
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (rnm/dd/yyyy) F
II 53 II
176 � III
Y Project Number Amount
ibohioNI6T
Amount
I
Date Entered PAS(mm/dd/yyyy) I Date Entered LOCCS(mm/dd/yyyy) Batch Number I Transaction Code I Entered By I Verified By
24 CFR 570 form HUD-7082(5/15)
2o23-32%
8, CDBG Special Conditions.
(a) The period of performance for the funding assistance specified in the
Funding Approval("Funding Assistance")shall begin on the date
specified in item 4 and shall end on September 1,2028.The Grantee
shall not incur any obligations to be paid with such assistance after
September 1,2028.
(b) The Recipient shall attach a schedule of its indirect cost rate(s)in the
format set forth below to the executed Agreement that is returned to
HUD.The Recipient shall provide HUD with a revised schedule when
any change is made to the rate(s)described in the schedule. The
schedule and any revisions HUD receives from the Recipient shall be
incorporated herein and made a part of this Agreement,provided that the
rate(s)described comply with 2 CFR part 200,subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
17150 Community Dev Block Grant 10.00% Modified Total Direct Cost
Instructions:The Recipient must identify each agency or department of the
Recipient that will carry out activities under the grant,the indirect cost rate
applicable to each department/agency(including if the de minimis rate is used per
2 CFR§200.414(f)),and the type of direct cost base to which the rate will be
applied(for example,Modified Total Direct Costs(MTDC)).Do not include
indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082,the grantee
shall comply with requirements established by the Office of
Management and Budget(OMB)concerning the Dun and Bradstreet
Data Universal Numbering System(DUNS);the System for Award
Management(SAM.gov.);the Federal Funding Accountability and
Transparency Act as provided in 2 CFR part 25,Universal Identifier and
General Contractor Registration;and 2 CFR part 170,Reporting
Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any
Federal,State,or local projects that seek to use the power of eminent
domain,unless eminent domain is employed only for a public use. For
the purposes of this requirement,public use shall not be construed to
include economic development that primarily benefits private
entities. Any use of funds for mass transit,railroad,airport,seaport or
DocuSign Envelope ID:13D573BA-0D1B-4E93-A5B7-E73736ED1CBA
designated for use by the general public or which have other common-carrier or
public-utility functions that serve the general public and are subject to regulation
and oversight by the government,and projects for the removal of an immediate
threat to public health and safety or brownfield as defined in the Small Business
Liability Relief and Brownfields Revitalization Act(Public Law 107-118)shall
be considered a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG funds may not sell,trade,or otherwise transfer all or any such
portion of such funds to another such entity in exchange for any other funds,
credits or non-Federal considerations,but must use such funds for activities
eligible under title I of the Act.
(f) E.O.12372-Special Contract Condition-Notwithstanding any other provision of
this agreement,no funds provided under this agreement may be obligated or
expended for the planning or construction of water or sewer facilities until receipt
of written notification from HUD of the release of funds on completion of the
review procedures required under Executive Order(E.O.)12372,
Intergovernmental Review of Federal Programs,and HUD's implementing
regulations at 24 CFR Part 52.The recipient shall also complete the review
procedures required under E.O.12372 and 24 CFR Part 52 and receive written
notification from HUD of the release of funds before obligating or expending any
funds provided under this agreement for any new or revised activity for the
planning or construction of water or sewer facilities not previously reviewed
under E.O.12372 and implementing regulations.
(g) CDBG funds may not be provided to a for-profit entity pursuant to section
105(a)(17)of the Act unless such activity or project has been evaluated and
selected in accordance with Appendix A to 24 CFR 570-"Guidelines and
Objectives for Evaluating Project Costs and Financial Requirements."(Source-
P.L.113-235,Consolidated and Further Continuing Appropriations Act,2015,
Division K,Title II,Community Development Fund).
(h) The Grantee must comply with the requirements of the Build America,Buy
America(BABA)Act,41 USC 8301 note,and all applicable rules and notices,as
may be amended,if applicable to the Grantee's infrastructure project.Pursuant to
HUD's Notice,"Public Interest Phased Implementation Waiver for FY 2022 and
2023 of Build America,Buy America Provisions as Applied to Recipients of
HUD Federal Financial Assistance"(88 FR 17001),any funds obligated by HUD
on or after the applicable listed effective dates,are subject to BABA
requirements,unless excepted by a waiver.
FUNDING APPROVAL / AGREEMENT TRANSMITTAL FOR HOUSING AND URBAN
DEVELOPMENT(HUD)GRANT FOR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)PROGRAM
APPROVED AS TO SUBSTANCE:
CDBG roject Manager
APPROVED AS TO FUNDING:
eAgmg ficatr&
Chief Financial Officer,or Controller
APPROVED AS TO FORM:
County Attorney
202.3-326
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