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Home My WebLink About20212363.tiffRESOLUTION RE: APPROVE AGREEMENT FOR 2021 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 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 Agreement for 2021 Community Development Block Grant Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the U.S. Department of Housing and Urban Development, Office of Community Planning and Development, commencing April 1, 2021, with further terms and conditions being as stated in said grant agreement, and WHEREAS, after review, the Board deems it advisable to approve said grant 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 Agreement for 2021 Community Development Block Grant Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, 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 grant agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of August, A.D., 2021, nunc pro tunc April 1, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ,�at.JC.Gto%A Weld County Clerk to the Board County Attorney Date of signature: I Stev- Moreno, hair Lori Saine Cc: CDQGO,S/CM) ©8/13/2 2021-2363 Fl0074 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: HUD CDBG Grant Agreement DEPARTMENT: Finance & Administration PERSON REQUESTING: Don Sandoval DATE: July 30, 2021 Brief description of the problem/issue: Requesting approval of the Chair to sign the grant agreement with HUD for.the 2021 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 $1,057,285 for our program year. This is a standard CDBG agreement from HUD. Each program year we will receive a new agreement. The county attorney's office has reviewed the agreement and it looks fine to them (Gabe). Chris D'Ovidio needs to add information on the county's indirect cost before we send the document to HUD. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Approve 2. Not approve — which would end the CDBG program. Recommendation: I recommend approval. I do not believe a work session is necessary. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: 2021-2363 U. S. Department of Housing and Urban Development Community Planning and Development Donald Sandoval, CDBG Manager Weld County 1150 O Street Greeley, CO 80632 Region VIII, Denver 1670 Broadway Street Denver, Colorado 80202-4801 July 26, 2021 Subject: CDBG FY21 Grant Agreement Transmittal Dear Mr. Sandoval: Phone: 303-672-5414 Fax: 303-672-5028 Web: www.hud.gov The Denver Field 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. Enclosed is the Grant Agreement for the following program: Community Development Block Grant Program (CDBG) $1,057,285 Total FY 2021 Award $1,057,285 Transmittal of this 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 Weld County. To establish a Line of Credit for Fiscal Year 2021 grant, it will be necessary for your agency to sign, execute and return one (1) copy of the 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). Also, please ensure the IDIS Online Access Request Form is notarized and returned to this office with your Grant Agreement. 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. Please note the special condition in your CDBG Funding Approval/Agreement. 8�y 2 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. Please execute two (2) copies of the CDBG Funding Approval/Agreement with electronic signature/s. In response to COVID-19, HUD authorizes you to electronically execute the grant agreement/s with your electronic signature. Return one (1) of each of the agreement to this office to the attention of Katy Burke, 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 Funding Approval/Agreement should not be electronically signed in box 12c. Maintain a copy of each of the agreement/s with your original signature/s 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 Weld County on its grant award, 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 Samuel Potter, Senior CPD Representative at 303-672- 5166 or via email at Samuel.L.Potter@hud.gov. Sincerely, Katy Burke Regional Director Enclosures Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI -00515R of 20515R 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 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 5/31/2018 3a. Grantee's 9 -digit Tax ID Number 84-6000813 4. Date use of funds may begin 04/01/2021 3b. Grantee's 9 -digit DUNS Number 075757955 5a. Project/Grant No. 1 B -21 -MC -08-2105 6a. Amount Approved $1,057,285 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 1 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 are 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- recipiententities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name (Contractual Organization) Weld County (Weld, County ot) Title Title Kathleen S. Burke, CPD Director Chair, Weld County Board of Commissioners Signature Date (mm/dd/yyyy) Signature Date (mm/dd/yyyy) X kSf�P�e ` 07/26/2021 X }A, Romeo 08/04/2021 SteveMo.en�wo 1593Ftoii MI 51gned by: KATHLEEN BUR 7. Category of Title I Assistance for this Funding Action: 8. Special Conditions 9a. Date HUD Received Submission 10. check one (check one) 06/23/2021 ® a. Orig. Funding Entitlement, Sec 106(b) ❑ None 9b. Date Grantee Notified Approval ® Attached 07/26/2021 ❑ b. Amendment Number 9c. bate of Start of Program Year Amendment 04/01/2021 11. Amount of Community Development Block Grant FY 2021 a. Funds Reserved for this Grantee $1,057,285 b. Funds now being Approved 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 Weld, County of Loan Guarantee Acceptance Provisions for Designated Agencies: 1 150 O Street The public agency hereby accepts the Grant Agreement executed by the Greeley, CO 80631-1117 Department of Housing and Urban Development on the above date with respect to the above grant number(s) 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 HUD N. of the Agreement, applicable regulations, and other requirements of now or hereafter in effect, pertaining to the assistance provided it. Title N/A Signature N/A HUD Accounting use Only Batch TAC Program Y 1 5 3 7 6 Y Y A Reg Area Document No. Project Number Category Project Number Project Number Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Amount Amount Amount Transaction Code Entered By Effective Date (mm/dd/yyyy) F Verified By 8. Special Conditions. 24 CFR 570 form HUD -7082 (5/15) 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 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 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). Elected Official or Department Head RE: 2021 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT OVED AS TO SU. ANCE: APPROVED AS TO FUNDING: 0451A -- Controller APPROVED AS TO FORM: llama my Attorney Final Audit Report 2021-08-04 Created: 2021-08-04 By: Esther Gesick (egesick@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAS8Ez5O-5Twfg5PnbfUbc8xC0nndh58ge "3658_ 001" History Document created by Esther Gesick (egesick@co.weld.co.us) 2021-08-04 - 4:54:05 PM GMT- IP address: 204.133.39.9 Document emailed to Steve Moreno (smoreno@co.weld.co.us) for signature 2021-08-04 - 4:55:58 PM GMT Email viewed by Steve Moreno (smoreno@co.weld.co.us) 2021-08-04 - 7:07:54 PM GMT- IP address: 204.133.39.9 Ai Document e -signed by Steve Moreno (smoreno@co.weld.co.us) Signature Date: 2021-08-04 - 7:09:36 PM GMT - Time Source: server- IP address: 204.133.39.9 ,4: 2 tilW Agreement completed. 2021-08-04 - 7:09:36 PM GMT _RED BY Adobe Sign Hello