HomeMy WebLinkAbout20211363.tiffRESOLUTION
RE: APPROVE GENERAL DEPOSITORY AGREEMENT (HUD FORM 51999) AND
AUTHORIZE CHAIR TO SIGN - WELLS FARGO BANK
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 General Depository Agreement (HUD
Form 51999) between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and
Wells Fargo Bank, fbo the U.S. Department of Housing and Urban Development (HUD), Office of
Public and Indian Housing, 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 General Depository
Agreement (HUD Form 51999) between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Greeley/Weld County
Housing Authority, and Wells Fargo Bank, fbo the U.S. Department of Housing and Urban
Development (HUD), Office of Public and Indian Housing, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 24th day of May, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ded&tiev :4.
Weld County Clerk to the Board
Steve oreno,
it
Sc,ames, Pro -Tern
my Attorney
Date of signature:
(-1ACrr)
06/01/21
2021-1363
HA0031
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE:
DEPARTMENT: Weld County Housing Authority
PERSON REQUESTING: Tom Teixeira
DATE: 5/10/2021
Brief description of the problem/issue: The federal government requires that financial institutions that hold
deposits of federal funds are insured by the Federal Deposit Insurance Corporation (FDIC) and for amounts
that exceeded FDIC limits the financial institution must be 100% and continuously collateralized by U.S
Government securities. HUD Form 51999 details this requirement and is executed by the Housing Authority
and the financial institution (Wells Fargo). We have executed a form a number of years ago but HUD revised
this form in 2018 and Wells Fargo is requesting a that we sign the updated form. This agreement also allows
HUD to freeze the funds in the account if they determine that an irregularity or possible illegal activities have
occurred.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
We are required by HUD and Wells Fargo to have an executed copy of this agreement.
Recommendation: Have the Board Chair sign the agreement. Note I have the Housing Authority Seal.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
Schedule
Work Session Other/Comments:
our Obfrict)
2021-1363
05/0`'1
HA 003 I
General Depository Agreement
HUD -51999 (GDA)
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
()MK Approval No. 2577-0075
(exp. 08/31/2023)
Public reporting burden for this collection of information is estimated to average 1 hour per response. HUD may not collect this
information, and you arc not required to complete this form, unless it displays a currently valid OMB control number. HUD will use
this information to ensure PFIAs use all Program Receipts received from HUD or otherwise associated with public housing funds for
purposes of public housing, by requiring such financial assistance to be deposited into interest -bearing accounts at certain financial
institutions. The information requested does not lend itself to confidentiality.
This Agreement, entered into this 1y of Mat 2021 by and between Housing Authority of the County of Weld, Weld
County Housing Authority (herein called the "HA"), a duly organized and existing public body corporate and politic of the Weld
County_ of Colorado and Wells Fargo Bank, National Association` (herein called the "Depository"), located at _301 South "Tryon
Street, 7'1 Floor MAC DI 129-072, Charlotte, NC 28282-1915, Attn: DACA'team. Fax: 854-879-6857_.
Witnesseth:
Whereas, the Department of Housing and Urban Development (herein called "HUD") has entered into one or more Annual
Contributions Contracts (herein called the "ACC" with the HA for the purpose of providing financial assistance to develop and
operate lower income housing projects, as authorized by the United States Housing Act of 1937, as amended (42 USC 1437, et seq.);
and
Whereas, under the terms of the ACC the HA is required to select as depositories of its funds, financial institutions whose deposits or
accounts are insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund
(NCUSIF) as long as this Agreement is in force and effect.
Now Therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. The deposits and accounts of the Depository shall continue to be insured by the FDIC Corporation or NCUSIF.
2. All monies deposited by the HA with the Depository shall be credited to the HA in a separate interest -bearing
deposit or interest -hearing accounts, designated WCV CKNG 9683
Accounts" (herein the "Accounts"). Any portion of I IA Funds not insured by a Federal insurance organization shall be fully (100%)
and continuously collateralized with specific and identifiable U.S. Government or Agency securities prescribed by HUD in a notice.
Collateralization is required on a daily basis at the end of the business day. Such securities shall he pledged and set aside in
accordance with applicable law or Federal regulations. The HA shall have possession of the securities (or the HA will take possession
of the securities) or an independent custodian (or an independent third party) holds the securities on behalf of the HA as a bailee
(evidenced by safe keeping receipt and a written bailment for hire contract) and will be maintained for the full term of deposit. The
Depository may substitute other securities as collateral to equal or increase the value. If the HA is an agency of an Indian tribe, the
collateral shall be in United States bonds and otherwise as may be prescribed for public funds by the United States Secretary of the
Treasury.
3. Except as stated in Paragraph 5, the Depository shall honor any (a) check or other order to pay from the Accounts, or (b) directive
to purchase investment securities with monies from the Accounts or to sell securities, if such order or directive is in writing and signed
on behalf of the HA by an officer or member designated by resolution of the Board of Directors of the HA to have such authority. To
assist the Depository in its obligation. the HA shall furnish the Depository with a certified copy of the resolution.
4. Any securities received from the HA or purchased by the Depository with monies from the Accounts shall be considered to be a
part of the Accounts and shall be held by the Depository in safe -keeping for the HA until sold. Interest on such securities and the
proceeds from the sale thereof shall he deposited in the Account upon receipt
5. If the Depository receives written notice from HUD that no withdrawals by the HA from the Accounts are to he permitted, the
Depository shall not honor any check or other order to pay from the Accounts or directive to purchase or sell securities, or permit any
withdrawals by the HA from said Accounts until the Depository is authorized to do so by written notice from HUD.
6. The Depository is not obligated to be familiar, and shall net be charged, with knowledge of the provisions of the ACC, and shall be
under no duty to investigate or determine whether any action taken by either the I IA or I IUD in respect of the Accounts are consistent
with or are authorized by the ACC or whether either FIA or fllID is in default under the provisions of the ACC. The Depository shall
he fully justified in accepting and acting on, without investigation, any certificate or notice furnished to it pursuant to the provisions of
this Agreement and which the Depository shall in good faith believe to have been duly authorized and executed on behalf of:he party
in whose name the same purports to have been made or executed
7. The rights and duties of the Depository under this Agreement shall nut be transferred or assigned by the Depository without the
prior written approval of the HA and I IUD. This Agreement may be terminated by either party hereto upon thirty days' written notice
to the other party, and HUD. The rights and duties of the Depository hereunder shall not he transferred or assigned nor shall this
Agreement be terminated during any period in which the Depository is required to refuse to permit withdrawals from the Accounts as
provided in Paragraph 5.
Previous version obsolete
Page I of 2 Form HUD 51999 (04/2018)
8. HUD is intended to be a third -party beneficiary of this Agreement and may sue to enforce its provisions and to recover damages for
failure to carry out its terms.
9. The Depository shall provide the HA with remote, electronic access to the Accounts for the purpose of monitoring the crediting or
depositing of any monies in the Accounts.
10. The provisions of this Agreement may not be modified by either Party without the prior written approval of HUD
11. Strike this paragraph if inapplicable: Previous General Depository or Savings Depository Agreements, if any, entered into
between the Depository and the HA are hereby terminated and all monies and securities of the HA on deposit with or held by the
Depositories pursuant to the terms of said Agreement shall continue to be held for account of the HA pursuant to and in accordance
with the provisions of this Agreement.
12. Strike this paragraph if paragraph 2 applies: For use only in certain States that have statutes that prohibit HAs from
implementing paragraph 2.
At no time shall the HA Funds in the Accounts be permitted to exceed the amount insured by Federal deposit
insurance (herein the "Insured Amount"). At any such time as the amount of funds in the Accounts reach the insured Amount, whether
by the accrual of interest or otherwise, the Depository shall promptly, as directed by the HA, and in an amount sufficient to limit the
funds in the Accounts to the Insured Amount, either: (a) remit payment to the HA or, (b) on behalf of the HA, purchase securities
approved for investment by the HA. Such securities shall not he considered to be a part of the Account pursuant to Paragraph 4 hereof
but shall be held by the Depository as custodian or trustee for the HA in a separate account established for that purpose by the
Depository (herein the "Securities Account"). The Securities Account shall be designated as _
Income or other proceeds from securities held in the Securities Account shall, as directed by the HA, upon receipt, be paid to or on
behalf of the HA; provided, however, that such proceeds shall, to the extent consistent otherwise with the provisions of this Paragraph,
be deposited in the Accounts. lithe Depository receives written notice from lIUD pursuant to Paragraph 5 hereof that no withdrawals
by the HA from the Accounts are to be permitted, the Depository shall not honor any directive from the HA to sell securities, or permit
any withdraws by the HA, from the Securities Account until the Depository is authorized to do so by written notice from HUD.
During the pendency of such restrictions on the Accounts and the Securities Account, the Depository, except as directed in writing by
HUD, shall not remit any payment to the HA for the purpose of limiting the amount of funds in the Account to the Insured Amount
but shall instead purchase securities approved for investment by the HA and hold such securities in the Securities Account.
13. Notice required under the terms and conditions of this agreement shall be deemed to have been given when it made by:
Executive Director___, on behalf of Weld County Housing Authority
"Title Organization (HA)
Vice President
Title
, on behalf of Wells Fargo Bank, National Association
Organization (Depository)
Director Office of Public Housing, on behalf of _I IUD region 8 Denver_
Title Organization (HUD)
Notice shall be made in writing. Notice may be delivered in person. by United States Postal Service mail, by receipted commercial
mail delivery, by facsimile machine or other electronic means that clearly identifies the sender as one of the persons so authorized in
this paragraph. Notice under the terms of this agreement shall be implemented by the Depository within 24 hours of actual
receipt.
in Witness Whereof, the HA and the Depository have caused this Agreement to be executed in their respective names and their
respective seal kip the date and year first above written.
� ''� .
ATTEST: D OF COUNTY COMIISSIONERS
Weld C.0 ty Clerk to oa ';;j!��, l� t , COLORADO
BY:
Deputy fj erk to t
Wells Fargo Bank. National Association
Depository
(SEAL)
ATTEST
By `Q Y Vice President
Wells Fargo Bank, N.A. address for ice sen nder this Agreement: 301 South Tryon Street, 7th Floor, MAC D1129-072,
Charlotte, NC 28282-1915, Attn: DACA Team. Fax: 844-879-6857. 01.0a0-/3 4.3
Moreno, Chair MAY 2 4 2021
Previous version obsolete
Page 2 Of 2 Form HUD 51999 (02/28/2018)
GENERAL DEPOSITORY AGREEMENT (HUD -51999 fGDA])
APPROVED AS TO SUBSTANCE:
Tom Teixeira, Housing Authority
Controller
APPROVED AS TO FORM:
County Attorney
Hello