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HomeMy WebLinkAbout20221867.tiffRESOLUTION RE: APPROVE APPLICATION FOR FEDERAL ASSISTANCE (FORM SF -424) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022 ANNUAL ACTION PLAN, AND CERTIFICATION OF COMPLIANCE WITH REGULATIONS FORM, 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 an Application for Federal Assistance (Form SF -424) for the Community Development Block Grant (CDBG) 2022 Annual Action Plan, and a Certification of Compliance with Regulations Form, from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, to the U.S. Department of Housing and Urban Development, Office of Community Planning and Development, with terms and conditions being as stated in said application and certification of compliance form, and WHEREAS, after review, the Board deems it advisable to approve said application and certification compliance form, 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 Federal Assistance (Form SF -424) for the Community Development Block Grant (CDBG) 2022 Annual Action Plan, and a Certification of Compliance with Regulations Form, from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, to 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 application and certification of compliance form. c c •. FL(c.) 7/12/22 2022-1867 FI0076 APPLICATION FOR FEDERAL ASSISTANCE (FORM SF -424) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022 ANNUAL ACTION PLAN AND CERTIFICATION OF COMPLIANCE WITH REGULATIONS FORM PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: [/) ��. zeto:ok. Scott' K. James, Chair Weld County Clerk to the Board Mikeeman, Pro -Tarn County=""orney Date of signature: 7/12- /22 2022-1867 FI0076 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Approve Application for Federal Assistance (Form SF -424) and Certification of Compliance with Regulations Forms for CDBG FY 2022 Annual Action Plan and authorize Chair to sign DEPARTMENT: Finance DATE: June 21, 2022 PERSON REQUESTING Cynthia Martin Brief description of the problem/issue- Requesting approval for the Chair to sign the SF -424 Application for Federal Assistance and the Certification of Compliance with Regulations Form for the CDBG FY 2022 Annual Action Plan. Weld County has received notice from HUD of an FY 2022 allocation of $1,036,772 in CDBG funds. Each program year. Weld County will receive an allocation of CDBG funds from HUD for that fiscal year. Each program year they will need to apply to use this funding in accordance with that fiscal year's annual action plan and are required to submit certifications of compliance along with the annual action plan. 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 -Tern Scott K. James, Chair Steve Moreno Lori Saine Approve Recommendation • \AA emoa w\ E: Schedule Work Session Other/Comments: 2022-1867 wnci F(00 -1(s Karla Ford From: Sent: To: Subject: Attachments: I approve Perry Buck Tuesday, June 21, 2022 11:53 AM Karla Ford Re: Please Reply - PA for Application for Federal Assistance and Certifications for FY2022 AAP image002.jpg; image001.jpg; 2022 PA Application for Application for Federal Assistance and Cerifications.doc; FY22 SF424_4_0-V4.0 pdf; FY22 CDBG Certfications.pdf: FY22 Assurances- Construction Program.pdf Sent from my iPhone On Jun 21, 2O22, at 11:14 AM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Karla Ford X Executive Assistant & Office Manager, Board of Weld County Commissioners 1150 O Street, P.O Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford a(�weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.`* Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by onyone other than the named recipient is strictly prohibited. From: Cynthia Martin <cmartin@weldgovcom> Sent: Tuesday, June 21, 2022 8:22 AM To: Karla Ford <kford@weldgov.com> Subject: PA for Application for Federal Assistance and Certifications for FY2022 AAP Karla, Please send to the BOCC. Thank you. Cynthia Martin, AICP CDBG Analyst Weld County CDBG Program 1150 0 Street Greeley, CO 80632 1 OMB Number 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF -424 • 1 Type of Submission. ' 2 Type of Application ' If Revision, select appropriate letter(s): (I Preapplication New ® Application Continuation • Other (Specify): Changed/Corrected Application Revision • 3. Date Received. 4. Applicant Identifier 5a. Federal Entity Identifier: 5b Federal Award Identifier L 1 State Use Only: 6. Date Received by State 7 State Application Identifier 8. APPLICANT INFORMATION: ' a. Legal Name Weld County * b. Employer/Taxpayer Identification Number (EIN/TIN) ' c UEI: 84-6000813 MKKXT9U9MTV5 d. Address: ' Streetl: 1150 0 Street Street2 • City. Greeley County/Parish. ' State: LO: Colorado J Province: ' Country USA: UNITED STATES ' Zip / Postal Code. 80632-0758 e. Organizational Unit: Department Name Division Name CDBG Finance J 1. Name and contact information of person to be contacted on matters involving this application: Prefix: I I • First Name: (Cheryl j Middle Name • Last Name: p a t t e l I i Suffix. Title: Chief Financial Officer Organizational Affiliation: • Telephone Number (970) 400-4451 Fax Number. 'Email: cpattelli@weld.gov Application for Federal Assistance SF -424 • 9 Type of Applicant 1 Select Applicant Type B County Government Type of Applicant 2 Select Applicant Type Type of Applicant 3 Select Applicant Type • Other (specify) • 10 Name of Federal Agency US Dept of Housing and Urban Development 11 Catalog of Federal Domestic Assistance Number 14 218 CFDA Title Community Development Block Grants/Entitlement Grants • 12 Funding Opportunity Number 14 218 • Title Community Development Block Grants/Entitlement Grants r 13 Competition Identification Number L Title I 14 Areas Affected by Project (Cities, Counties, States, etc ) , Add Attachment Delete Attachment i View Attachment • 15 Descriptive Title of Applicant's Project Weld County CDBG Program Attach supporting documents as specified in agency instructions Add Attachments Delete Attachments View Attachments Application for Federal Assistance SF -424 16. Congressional Districts Of: * a Applicant CO -004 ' b Program/Project # CO -004 Attach an additional list of Program/Project Congressional Districts if needed Add Attachment )t ietC Attachment 17. Proposed Project: *a Start Date' 04/01/2022 *b End Date 03/31/2023 18. Estimated Funding ($): i ' a Federal 1, 036, 772.00 • b Applicant f *c State *d Local *e Other I • f Program Income f I 'g TOTAL 1,036,772.00 ` 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on b Program is subject to E.O. 12372 but has not been selected by the State for review X c. Program is not covered by E.O.12372 * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Yes X No If "Yes", provide explanation and attach I I 1 I 21. *By signing this application, herein are true, complete comply with any resulting subject me to criminal, civil, I certify (1) to the statements contained in the list of certifications** and (2) that the statements and accurate to the best of my knowledge. I also provide the required assurances** and agree to terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may or administrative penalties. (U.S. Code, Title 218, Section 1001) As.** I AGREE " The list of certifications and assurances or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix * First Name: Scott Middle Name: K ' Last Name James Suffix *Title: Chair, Board of County Commissioners ' Telephone Number (970) 400-4209 Fax Number: I • Email . <me s @we'_• d . gov * Signature of Author;zed Representative •, * Date Signed IJUN lei c� zoPz r 9 O.2_mag --/efict7 Sig k't' re of Authorized Official CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti -displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti -Lobbying --To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 -- It will comply with section 3 of the I Lousing and Urban Development Act of 1968 (12 U.S.C 1701u) and implementing regulations at 24 CFR Part 75. JUN 2 9 2022 Date Chair, Board of Weld County Commissioners Title 02.6.202- /ft? Specific Community Development Block Grant Certifications The Entitlement Community certifies that Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91 105 Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i e , the development of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570 Following a Plan -- It is following a current consolidated plan that has been approved by HUD Use of Funds -- It has complied with the following criteria 1 Maximum Feasible Priority With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible pnonty to activities which benefit low- and moderate -income families or aid in the prevention or elimination of slums or blight The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Certification) 2 Overall Benefit The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) 2021 7022 2023 [a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons dunng the designated period 3 Special Assessments It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds In addition, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment Excessive Force -- It has adopted and is enforcing 1 A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil nghts demonstrations, and 2 A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction Compliance with Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations. Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R. Compliance with Laws -- It will comply with applicable laws. JUN 2 9 2022 Signature of Authorized Official Date Chair, Board of Weld County Commissioners Title o2oaa - /8t 7 OPTIONAL Community Development Block Grant Certification Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified in 24 CFR 570 208(c) The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG- assisted activities which are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the commune and other financial resources are not available to meet such needs JUN 2 9 2022 Signature of Authorized Official Date Chair, Board of Weld County Commissioners Title oZoaa- /th'7 VtewBufdenShitement i ASSURANCES - CONSTRUCTION PROGRAMS OMB Number 4040-0009 Expiration Date 02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathenng and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding the burden estimate or any other aspect of this collection of information including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY NOTE Certain of these assurances may not be applicable to your project or program If you have questions, please contact the Awarding Agency Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances If such is the case, you will be notified As the duly authonzed representative of the applicant , I certify that the applicant 1 Has the legal authonty to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project descnbed in this application 2 Will give the awarding agency, the Comptroller General of the United States and, if appropnate, the State, the right to examine all records, books, papers, or documents related to the assistance, and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives 3 Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project 4 Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications 5 Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State 6 Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency 7 Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain Previous Edition Usable 8 Will comply with the Intergovernmental Personnel Act of 1970 (42 U S C §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C F R 900, Subpart F) 9 Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U S C §§4801 et seq ) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures 10 Will comply with all Federal statutes relating to non- discrimination These include but are not limited to (a) Title VI of the Civil Rights Act of 1964 (P L 88-352) which prohibits discnmination on the basis of race, color or national ongin, (b) Title IX of the Education Amendments of 1972, as amended (20 U S C §§1681 1683, and 1685-1686), which prohibits discnmination on the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U S C §794), which prohibits discrimination on the basis of handicaps, (d) the Age Discrimination Act of 1975, as amended (42 U S C §§6101-6107), which prohibits discrimination on the basis of age, (e) the Drug Abuse Office and Treatment Act of 1972 (P L 92-255), as amended relating to nondiscrimination on the basis of drug abuse, (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P L 91-616), as amended, relating to nondiscnmination on the basis of alcohol abuse or alcoholism, (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U S C §§290 dd-3 and 290 ee 3) as amended, relating to confidentiality of alcohol and drug abuse patient records, (h) Title VIII of the Civil Rights Act of 1968 (42 U S C §§3601 et seq ), as amended relating to nondiscrimination in the sale, rental or financing of housing, (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made, and (i) the requirements of any other nondiscrimination statue(s) which may apply to the application Authonzed for Local Reproduction Standard Form 424D (Rev 7-97) Prescnbed by OMB Circular A-102 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pl. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE �' L BOCC Chair APPLIC T ORGANIZATION DATE SUBMITTED I J BOARD OF WELD COUNTY COVNISSI0NERS SF -424D (Rev. 7-97) Back O2o 0201 -/ft 7 County Attorney APPLICATION FOR FEDERAL ASSISTANCE (FORM SF -424) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN, WITH CERTIFICATION OF COMPLIANCE WITH REGULATIONS FORM APPROVED AS TO SUBSTANCE Elected Official or Department Head APPROVED AS TO FUNDING Chief Financial Officer APPROVED AS TO FORM ✓Q Hello