HomeMy WebLinkAbout20223176.tiffRESOLUTION
RE: APPROVE FUNDING APPROVAL / AGREEMENT FOR HOUSING AND URBAN
DEVELOPMENT (HUD) GRANT FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM, AND AUTHORIZE CHAIR 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 for the
Housing and Urban Development (HUD) Cyrant for the 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, ending September 1, 2029, 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 for the Housing and Urban
Development (HUD) Grant for the 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 be, and hereby is, authorized
to sign said agreement.
cc'.FI(cP/Dw/So), ACT(GD),
cD6ls(CM), Pw(CA/ER)
1,/i442.2.
2022-3176
F10076
FUNDING APPROVAL / AGREEMENT FOR HOUSING AND URBAN DEVELOPMENT (HUD)
GRANT FOR 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 14th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
W" D COUNTY, COLORADO
ATTEST: dajthAl ;4
Weld County Clerk to the Board
ttorney
Date of signature: l i/l N /22
cott K. James, Chair
2022-3176
FI0076
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2022 HUD CDBG Grant Agreement
DEPARTMENT: Finance
PERSON REQUESTING: Cynthia Martin
DATE: Nov. 7, 2022
Brief description of the problem/issue:
Requesting approval of the Chair to sign the grant agreement with HUD for the 2022 CDBG funds for the Weld
CDBG Program (attached). HUD has presented Weld County with a grant agreement to fund the operations of
the Weld CDBG Program. The grant is for $1,036,772 for the 2022 program year.
This is a standard CDBG agreement from HUD. Each program year we will receive a new agreement.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Approve
2. Not approve — which would end the Weld County CDBG Program.
Recommendation:
I recommend approval. I do not believe a work session is necessary.
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
Approve Schedule
Recommendation Work Session Other/Comments:
,2cr-
2022-3176
��oa7l�
U. S. Department of Housing and Urban Development
Community Planning and Development
Scott K. James, Chair
Board of County Commissioners
1150 O Street
Greeley, CO 80632
Region VIII, Denver
1670 Broadway Street
Denver, Colorado 80202-4801
November 4, 2022
SUBJECT: Fiscal Year 2022 Grant Agreement Transmittal
Dear Mr. James:
Phone: 303-672-5414
Fax: 303-672-5028
Web: www.hud.gov
The U.S. Department of Housing and Urban Development's (HUD) 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 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 as follows:
Community Development Block Grant Program (CDBG)
Total FY 2022 Award
$1,036,772
$1,036,772
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.
To establish a Line of Credit for Fiscal Year 2022 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.
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)
2
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.
On November 15, 2021, the Build America, Buy America Act (the Act) was enacted as part
of the Infrastructure Investment and Jobs Act (HJA). Pub. L. 117-58. The Act establishes a domestic
content procurement preference, the 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
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. While
HUD currently has a waiver of the application of the BAP through HUD's Notice, "General
Applicability Waiver of Build America, Buy America Provisions as Applied to Recipients of HUD
Federal Financial Assistance" (87 FR 26219), HUD will begin requiring compliance with BAP for
all new funds obligated on or after November 14, 2022, unless covered by a subsequent waiver.
Additional details on fulfilling the BABA requirements can be found at
https://www.hud.gov/program offices/general counsel/BABA and will be provided by HUD prior
to the expiration of the waiver and full implementation of BABA.
Please execute two (2) copies of each Grant Agreement with electronic signature. In
response to COVID-19, HUD authorizes you to electronically execute the grant agreement with
your electronic signature. Return one (1) of each agreement to this office to the attention of Noemi
Ghirghi, Regional Director, Community Planning and Development (CPD). 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/.
HUD congratulates you on your grant awards, and we look forward to assisting you in
accomplishing your programs goals. If you have any questions or need further information of
assistance, please contact Ben Alamprese at Benjamin.m.alamprese(&,hud.gov.
Sincerely,
Noemi Ghirghi
Regional Director
Enclosure
Funding Approval/Agreement
Title I of the Housing and Community
Development Act (Public Law 930383)
HI -00515R of 20515R
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program OMB Approval No. 2506-0193
exp 1/31/2025
1. Name of Grantee (as shown in item 5 of Standard Form 424)
Weld County
2. Grantee's Complete Address (as shown in item 5 of Standard Form 424)
1150 O Street
Greeley, CO 80631-1117
3a. Grantee's 9 -digit Tax ID Number
84-6000813
4. Date use of funds may begin
4/1/2022
3b. Grantee's 9 -digit DUNS Number
MKKXT9U9MTV5 (UEI)
5a. Project/Grant No. 1
B-22-UC-08-0006
6a Amount Approved
$1,036,772
6b. Amount Approved
5b. Project/Grant No. 2
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 am 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)
Noemi Ghirghi
Grantee Name (Contractual Organization)
Weld County (Weld, County of) Board of County COmmi
Title
CPO Director
Title
Scot K. James, BOCC Chair
Signature
x ��q144
Cate (mm/dd/yyyy)
11/04/2022
Signature
X
Date (mm/dd/yyyy)
11/14/2022
7. Category of Title I Assistance for this Funding Action:
Entitlement, Sec 106(b)
8. Special Conditions
(check one)
9a. Date HUD Received Submission
10/21/2022
10. check one
® a. Orig. Funding
❑ None
® Attached
9b. Date Grantee Notified
11/04/2022
Approval
❑ b. Amendment
Amendment Number
9c. Date of Start of Program Year
4/1/2022
11. Amount of Community Development
Block Grant
FY 2022
a. Funds Reserved for this Grantee
b. Funds now being Approved
$1,036,772
c. Reservation to be Cancelled
(11a minus 11b)
12a. Amount of Loan Guarantee Commitment now being Approved
N/A
12b. Name and complete Address of Public Agency
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 number(s) as Grantee designated to receive loan
guarantee assistance, and agrees to comply with the teens and conditions
of the Agreement, applicable regulations, and other requirements of HUD
now or hereafter in effect, pertaining to the assistance provided it.
12c. Name of Authorized Official for Designated Public Agency
N/A
Title
N/A
Signature
HUD Accounting use Only
Batch TAC Program Y A Reg Area Document No. Project Number Category
5
7
3
6
000
0
Project Number
Amount
Amount
Amount
Effective Date
(mm/dd/yyyy)
Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number
Transaction Code
Entered By I Verified By
ssioner:
24 CFR 570 form HUD -7082 (5/,9)
�p�o2 ,Y/ / &o
8. Special Conditions.
(a)
The period of performance and single budget period for the funding assistance specified in the
Funding Approval ("Funding Assistance") shall each begin on the date specified in item 4 and
shall each end on September 1, 2029. The Grantee shall not incur any obligations to be paid
with such assistance after September 1, 2029.
(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.
(c)
Administering
Department/Agency
17150 Community Dev Block Grant
Indirect cost rate
10.00
%
%
Direct
Cost Base
Modified Total Direct Costs
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.
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 highway projects as well as utility projects which
benefit or serve the general public (including energy -related, communication -related, water -
related and wastewater -related infrastructure), other structures 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
24 CFR 570 form HUD -7082 (5/15)
use such funds for activities eligible under title I of the Act.
(I)
(g)
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.G.) 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.
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).
24 CFR 570 form HUD -7082 (5/15)
HOUSING AND URBAN DEVELOPMENT (HUD) GRANT AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDING
APPROVED AS TO SUBSTANCE:
Elect f i i l �rfead or Deputy Department p y Head
APPROVED AS TO FUNDING:
&tali
Chief Financial Officer
APPROVED AS TO FORM:
1:04441/44461414—
Co nt Attorney Y
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