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HomeMy WebLinkAbout2009-090 DSS - Office of Economic Recovery and Investment - Homelessness Prevention and Rapid Re-Housing Program Grant Agreement®~•~~ ~~ ~~~~ r~~~ HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM GRANT AGREEMENT Upon execution of this grant agreement the North Carolina Office of Economic Recovery and Investment ("OERI") agrees to provide to Orange County Department of Social Services (the "Recipient" and collectively with OERI, the "Parties") Homelessness Prevention and Rapid Re-Housing Program ("HPRP") assistance under Title XII of the American Recovery and Reinvestment Act of 2009 ("Act"), the United State's Department of Housing and Urban Development ("HUD") Notice FR-5307-N- O1 ("HUD Notice"), the OERI HPRP Information Packet dated June 2009 ("OERI Information"), other applicable federal and state laws regulations and all other requirements of OERI or HUD now or hereafter in effect pertinent to HPRP. This Agreement is effective on the date this Agreement and is signed by the Parties. WITNESSETH THAT WHEREAS Congress enacted the Homelessness Prevention and Rapid Re-Housing. Program ("HPRP") assistance under Title XII of the American Recovery and Reinvestment Act of 2009 ("Act"), the United State's Department of Housing and Urban Development ("HUD") Notice FR-5307- N-O1 ("HUD Notice"), to help persons affected by the current economic crisis. The purpose of the Program is to provide homelessness prevention assistance to households who would otherwise become homeless -many due to the economic crisis- and to provide assistance to rapidly re-house persons who are homeless as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)., and, WHEREAS the North Carolina Office of Economic recovery and Investment (OERI) was awarded a grant from HUD under the Program to effectuate and administer the program in the State of North Carolina, and WHEREAS the purpose of this Agreement is for OERI to sub-grant part of the Program funds to the Sub-Grantee with the expectation that the Sub-Grantee will provide the services in this Agreement. NOWTHEREFORE, for good and valuable considerations the parties hereto agree as follows: 1. DEFINITIONS a, "Agreement" or "Grant Agreement" means this grant agreement document together with and incorporating into its terms by reference the following: 1. Any attachments to this document 2. Any amendments or supplements to this agreement 3. The terms of the HPRP information packet 4. The approved application and any funding approval in response to the Request for proposals including any subsequent amendments. ., Orange County Grant Award Agreement, p. 1 Gw k. ~ .. s t::. j \ .E k~ Conflict of terms: If this grant agreement is subsequently amended pursuant to its terms, the terms of such amendment shall take precedence over the terms of this grant agreement in the event of a conflict. b. "Recipient" or "Sub-Grantee" means the Orange County Department of Social Servcies, who is designated as a recipient and sub-grantee for grant assistance in this Grant Agreement. Orange County DSS P.O. Box 8181 Hillsborough, NC 27278 c. "Participant" an individual or family eligible to receive assistance under the Program as further described in the Scope of Work attached hereto as Exhibit A. d. "Assistance" or "Grant" means the grant funds provided under this Agreement in the amount of $1,000,000, except as maybe modified. e. "Program" means the HPRP, as that program may be amended from time to time by either OERI or HUD, including the administration thereof, for which assistance is being provided under this Agreement. 2. OBLIGATIONS OF RECIPIENT BY SIGNING THIS AGREEMENT THE RECIPIENT AGREES TO THE FOLLOWING: A. Scope of Responsibility 1.Perform the Scope of Work identified on Exhibit A attached to this Agreement and as specified in the application and application revisions approved by OERI. Notwithstanding anything herein to the contrary, it is expressly understood and agreed to by the Parties that HPRP is not a mortgage assistance program and no funds authorized by this agreement maybe used directly or indirectly for that purpose. 2. Comply with the American Recovery and Reinvestment Act of 2009, as may be amended, Notice FR-5307-N-O1, the OERI HPRP Information Packet dated June 2009, other applicable federal and state laws, regulations and all other requirements of OERI or HUD now or hereafter in effect pertinent to HPRP. 3. Implement policies, practices and procedures that substantially mitigate the potential for fraud, waste and abuse of HPRP funds. 4. Be responsible for knowing and complying with the Act, the HUD Notice, the OERI Information and any other available resource from HUD regarding the Program, including HPRP Frequently Asked Questions. Recipient can obtain all HUD materials on HPRP at HUD's website http://ww.hudhre.info/HPRP. 5. Reimburse OERI for any amount of grant assistance improperly expended, either deliberately or unintentionally Orange County Grant Award Agreement, p. 2 5. Reimburse OERI for any amount of grant assistance improperly expended, either deliberately or unintentionally 6. Post with the local Employment Security Commission Office all positions for which he intends to hire workers as a result of being awarded this contract. Labor and semiskilled positions must be posted for at least 48 hours before the hiring decision. All other positions must be posted a minimum posting of five days before the hiring decision. Recipient and any Subcontractor shall report the new hires in the manner prescribed by the Employment Security Commission and the OERI. A provision requiring this posting must be included with respect to any subcontractor receiving ARRA funds. B. Financial Management Systems 1. Implement policies, practices and procedures that substantially mitigate the potential for fraud, waste and abuse of HPRP funds. 2. Maintain and utilize a financial management system that meets the standards of OERI and HUD. In addition to the requirements set forth in this paragraph, OERI reserves the right to mandate additional changes to the requirements to Recipient's financial management system to ensure that Recipient's financial management system is sufficient. 3. Adhere to the requirement that if a state or local government voluntarily contributes its own funds to supplement federally funded activities, the state or local government has the option to segregate the federal funds or commingle them. However, if the funds are commingled, the requirements listed above apply to all of the commingled funds. C. Audits, Records Retention and all Forms 1. Comply with the requirements of OERI and the Office of Management and Budget Circular A- 133 regarding audits of states, local governments and non-profits. 2. Comply with all applicable record and retention requirements in this Agreement or stated in applicable federal or state law ("Recordkeeping"). Recipient shall provide any duly authorized representative of OERI, the North Carolina Housing Finance Agency, North Carolina Deparhnent of Health and Human Services, HUD, or any other governmental entity at all times access to and the right to inspect, copy, monitor, and examine all of the books, papers, records, and other instruments relating to the Program and the Program funds. OERI requires that the Recipient and subcontractors agree to allow the Office of State Budget and Management internal auditors and state agency internal auditors access to records and employees pertaining to the performance of any contract awarded by a public agency. All original files shall be maintained at Recipient's offices or other acceptable location under Recipient's control for access purposes. In addition, Recipient will submit all reports as outlined in HPRP guidelines and as required by the State of North Carolina and HUD all other records pertinent to the Program shall be retained by Recipient for a period of five years from the date of the closeout of the Program, except as follows: a. Records that are the subject of auditing findings shall be retained for five years or until such audit findings have been resolved, whichever is later; b. Records for disbursement of Program funds shall be retained for seven years after its final disposition; Orange County Grant Award Agreement, p. 3 c. If a claim, litigation or audit is started before the expiration of the five-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. d. To the extend, if any, that any federal or state laws, regulations or requirements, require that any records be kept for any longer period, such records shall be kept for the longer period. Maintain any and all records related to the Program including but not limited to the expenditure of Program funds documentation of eligible Participants (including those pertinent to race, ethnicity, gender, and disability status data), types of assistance provided, counseling, and all other related case management as may be required by HUD or OERI from time to time. Recipient assumes full responsibility for compliance with this Paragraph and any federal regulations or notices that relate to the Program funds. Recipient will need to maintain such records in order to demonstrate compliance with the HPRP Program. Additionally, Recipient is obligated to provide access to any and all information relating to the Program to OERI, upon OERI's request. This obligation includes, but is not limited to, the personal, financial and identifying information of individuals assisted by the Program. Recipient shall likewise obtain any releases or waivers from any individuals or entities necessary to ensure that this information can be properly and legally provided to OERI without issue or objection by the individual or entity. Notwithstanding anything herein to the contrary, the Parties agree that Recipient will not release any confidential information unless required by OERI or HUD, except that if Recipient has obtained a release as set forth in this paragraph but the release of such confidential information would cause Recipient to violate federal law notwithstanding the release, Recipient shall not be required to provide such confidential information to OERI or HUD. 4. To insure compliance with income requirements for tenants as well as other matters, Recipient shall ensure that adequate waivers or releases necessary to ensure that personal, income-related, financial, tax and/or related information are obtained from individuals and families that are benefitting from Grant and Program funds. Recipient will need to maintain such records in order to demonstrate compliance with the HPRP Program. Additionally, Recipient is obligated to provide access to any and all information relating to the Program to OERI, upon OERI's request. This obligation includes, but is not limited to, the personal, financial and identifying information of individuals assisted by the Program. Recipient shall likewise obtain any releases or waivers from any individuals or entities necessary to ensure that this information can be properly and legally provided to OERI without issue or objection by the individual or entity. Notwithstanding anything herein to the contrary, the Parties agree that Recipient will not release any confidential information unless required by OERI or HUD, except that if Recipient has obtained a release as set forth in this paragraph but the release of such confidential information would cause Recipient to violate federal law notwithstanding the release, Recipient shall not be required to provide such confidential information to OERI or HUD. 5. Submit any forms or contracts used by Recipient to OERI for approval prior to their execution or implementation. 6. Allow the U.S. Comptroller General and his representatives the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and Orange County Grant Award Agreement, p. 4 b. interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions. Accordingly, the Comptroller General and his representatives shall have the authority and rights prescribed under Section 902 of the ARRA with respect to contracts funded with recovery funds made available under the ARRA. Nothing in 902 shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. A provision granting this same authority with respect to any subcontractor using ARRA funds must be included in any subcontract for the provision or funds or services with ARRA funds. 7. Abide by to the authority of representatives of the Inspector General to examine any record and interview any employee or officer of the contractor, its subcontractors or other firms working on this contract. Nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an Inspector General. A provision granting this same authority with respect to any subcontractor using ARRA funds must be included in any subcontract for the provision or funds or services with ARRA funds. D. Ethics and Conflicts of Interest Be subject to the applicable provisions of the North Carolina State Government Ethics Act, 2006 N.C. ALS 201; 2006 N.C. Sess. Laws 201; 2006 N.C. Ch. 201; 2005 N.C. HB 1843 [the "Ethics Act"]. Recipient further acknowledges and agrees that, in the event that it grants any of the Grant funds awarded hereunder to one or more Sub-recipients, Recipient shall, by contract, insure that the provisions of the Ethics Act are made applicable to and binding upon any and all of the Recipient's Sub-recipients. 2. Comply with all applicable federal or state conflict of interest provisions, In addition thereto the following shall apply to any person who is an employee, agent, consultant, officer, spouse, or elected official or appointed official of the state, or of a unit of general local government, or of any designated public agencies, or a Recipient or Sub-recipient which is receiving HPRP grant funds. Except for eligible administrative or personnel costs, no persons who exercise or have exercised any functions or responsibilities with respect to grant activities assisted under this Agreement or who are in a .position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aGrant-assisted activity, or have an interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Recipient shall include these same prohibitions in all such contracts or subcontracts with any Sub- recipients or other third parties relating to the Program. With respect to the use of HPRP funds to procure services, equipment, supplies or other property, states, territories and units of general local government that receive HPRP funds shall comply with 24 CFR 85.36(b)(3), and non-profit subgrantees shall comply with 24 CFR 84.42. With respect to all other decisions involving the use of HPRP funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee and who exercises or has exercised any functions or responsibilities with respect to Orange County Grant Award Agreement, p. S assisted activities, or who is in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. HUD will consider exceptions. Recipients who wish to request an exception should notify OERI as soon as possible. 4. The disclosure requirements and prohibitions of section 319 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd Amendment), and implementing regulations at 24 CFR part 87, apply to HPRP. Applicants must disclose, using Standard Form LLL (SF-LLL), "Disclosure of Lobbying Activities," any funds, other than federally appropriated funds, that will be or have been used to influence federal employees, members of Congress, or congressional staff regarding specific grants or contracts. E. Insurance, Release, Hold Harmless and Indemnification 1 Release and to hold harmless OERI and North Carolina Housing Finance Agency and their employees, agents, attorneys, independent contractors, officers and directors [collectively, the "State"] from any and all liability for any purpose whatsoever, and recognizes and affirms that the State has not waived any immunities provided by state or federal law, such immunities being expressly preserved. Additionally, Recipient agrees to indemnify and defend the State in the event of any legal proceeding, complaint or grievance where the State (or any part thereof) is named as a defendant for any reason (and/or whether any allegations against the State are made) where such proceeding relates in any way to any matter related to: (i) this Agreement, (ii) Recipient's use or non-use of the funds described in this Agreement, or (iii) any alleged failure of any person or entity to comply with any law or duty with respect to the funds described in this Agreement. 2. Provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Project. As a minimum, Recipient shall provide and maintain the following coverage and limits: a. Worker's Compensation -Recipient shall provide and maintain Worker's Compensation Insurance as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all Recipient's employees who are engaged in any work under the Program. If any work is sublet, Recipient shall require the Sub-recipient to provide the same coverage for any of its employees engaged in any work under the Program. b. Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles used in performance of the Program. The minimum combined single limit shall be $500,000.00 bodily injury and property damage; $500,000.00 uninsured/under insured motorist; and $25,000.00 medical payment. Providing and maintain adequate insurance coverage is a material obligation of Recipient and goes to the essence of this Agreement. Recipient may meet its requirements of maintaining specified coverage and limits by demonstrating to OERI that there is in force insurance with equivalent coverage and limits that will offer at least the same protection to OERI. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized Orange County Grant Award Agreement, p. 6 by the Commissioner of Insurance to do business in North Carolina. Recipient shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Agreement. The limits of coverage under each insurance policy maintained by Recipient shall not be interpreted as limiting Recipient's liability and obligations under this Agreement. F. Obligations of Recipient with Respect to Certain Third Party Relationships. Recipient is liable to OERI for complying with the provisions of this Agreement and all applicable laws, rules and requirements, even when Recipient designates a third party or parties to undertake all or any part of the Program. Recipient shall insure compliance with all lawful requirements of OERI, HUD and this agreement. If Recipient contracts with or designates a third party to undertake all or part of the Program, Recipient's contract with the third party must require the third party to comply with all applicable laws and Recipient must maintain all rights and control in that agreement to insure its responsibilities under this agreement, and 1. Recipient must first approve any agreement with any third party in advance of any disbursement of funds or contractual obligation. 2. Any subcontractors of third party agreements entered into by Recipient with Program funds shall be subject to all terms and conditions of this Agreement and the Recipient shall maintain an affirmative duty to actively monitor compliance and performance and reporting. 3. The payment of all subcontractors and third parties shall be the sole responsibility of Recipient, and OERI shall not be obligated to pay for any work performed by any subcontractor or third party. Recipient shall be responsible for the performance of all subcontractors and third parties and shall not be relieved of any of the duties and responsibilities of this Agreement as a result of entering into subcontracts or third party agreements. G. Management. Oversight Standards and Reporting Recipient is required to: 1. Constantly monitor the performance under Grant-supported activities, including activities performed by third parties, to insure that time schedules are being met, projected work units by time periods are being accomplished, and other performance goals are being achieved. 2. Comply with any additional monitoring and reporting requirements as may be imposed by OERI or HUD. Upon Recipient's receipt of notice from OERI or HUD requesting information or instruments from Recipient, Recipient shall provide the information as soon as is reasonably practicable, and in no event later than 30 calendar days. Acknowledges that the Whistle blower provisions of Article 14 of Chapter 124, NCGS 126-84 through 126-88 (applies to the State and state employees), Article 21 of Chapter 95, NCGS 95- 240 through 85-245 (applies to anyone, including state employees), and Section 1553 of the Recovery Act (applies to anyone receiving federal funds), provide protection to State, Federal and contract employees. Activities protected under the ARRA whistleblower provision, Section 1553 (a) include information that the employee reasonably believes is evidence of: (1) gross mismanagement of an agency contract or grant relating to covered funds*; (2) a gross waste of covered funds; Orange County Grant Award Agreement, p. 7 (3) a substantial and specific danger to public health or safety related to the implementation or use of covered funds; (4) an abuse of authority related to the implementation or use of covered funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. *covered funds: "any contract, grant, or other payment received by any non-Federal employer if-(A) the Federal Government provides any portion of the money or property that is provided, requested, or demanded; and (B) at least some of the funds are appropriated or otherwise made available by this Act." 1553(g)(2). It is the policy of the N.C. Office of Economic Recovery and Investment (OERI) to oversee the management of state-administered American Recovery and Reinvestment Act (ARRA) funds and to prevent fraud, waste and abuse in the use of these funds. To report claims to OERI of waste, mismanagement or any abuse related to use of recovery funds, please contact us as follows: Phone: 919.733.1433 Reporting Fraud and Waste tab on www.ncrecovery.gov Following disclosure to OERI of activities protected by the ARRA whistleblower provision, OERI shall work with the contracting agency to ensure compliance with any and all provisions of the ARRA, state and federal laws and OERI directives and mandated contract provisions. Following disclosure to OERI of activities protected by the ARRA whistleblower provision, accompanied by an allegation of a re rp isal the person disclosing may submit a complaint to the appropriate inspector general for the investigation process outlined in ARRA Section 1553(b). A reprisal is any personnel act adverse to the employee's position and may include discharge, demotion or any other form of discrimination against the employee resulting from the disclosure. H. Standards as to Eligibility of Dwellings and Participants Recipient is required to: 1. Conduct initial and any appropriate follow-up inspections of housing units into which a program participant will be moving. Units should be inspected on an annual basis and upon a change of tenancy. The minimum habitability standards will be provided by the state. Grantees may require more stringent standards. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R shall apply to housing occupied by families receiving assistance through HPRP. 2. Comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). Pursuant to Section 1.7 of the guidance memorandum issued by the United States Office of Management and Budget on Apri13, 2009, recovery funds must be distributed in accordance with all anti-discrimination and equal opportunity statutes, regulations, and Executive Orders pertaining to the expenditure of funds. 3. Be clear in its business processes and statements that HPRP rental assistance and services are available to all on a nondiscriminatory basis and ensure that all citizens have equal access to information about HPRP and equal access to the financial assistance and services provided under this program. Such efforts include but are not limited to taking reasonable steps to ensure meaningful access Orange County Grant Award Agreement, p. 8 to programs to persons with limited English proficiency (LEP), pursuant to Title VI of the Civil Rights Act of 1964. This may mean providing language assistance or ensuring that program information is available in the appropriate languages for the geographic area served by the jurisdiction and that limited English proficient persons have meaningful access to HPRP assistance. If the procedures that the grantee intends to use to make known the availability of the rental assistance and services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for such rental assistance and services, the grantee must establish additional procedures that will ensure that such persons are made aware of the rental assistance and services. In addition, all notices and communications shall be provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities consistent with section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6 4. Affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability, and familial status. Examples of affirmatively furthering fair housing include: (1) marketing the program to all eligible persons, including persons with disabilities and persons with limited English proficiency; (2) making buildings and communications that facilitate applications and service delivery accessible to persons with disabilities (see, for example, HUD's rule on effective communications at 24 CFR 8.6); (3) providing fair housing counseling services or referrals to fair housing agencies; (4) informing participants of how to file a housing discrimination complaint, including providing the toll-free number for the Housing Discrimination Hotline: 1800-669-9777; and (5) recruiting landlords and service providers in areas that expand housing choice to program participants. 5. Not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. 6. Not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under HPRP. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under HPRP, and participation must be voluntary for the program participants. 7. If religious organization participating in HPRP, will retain its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HPRP funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations may use space in their facilities to provide HPRP-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a HPRP-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. I. Uniform Administrative and Reportin~quirements Recipient: 1. Shall ensure that all subcontracts and other contracts for goods and services for an ARRA- funded project have the mandated provisions of this directive in their contracts. Pursuant to Title XV, Section 1512 of the ARRA, the State shall require that the Recipient provide reports and other employment information as evidence to document the number of jobs created or jobs retained by this contract from the Recipient's own workforce and any sub-contractors. No direct payment will be made for providing said reports, as the cost for same shall be included in the various items in the contract. Orange County Grant Award Agreement, p. 9 2. Shall, if an Urban County or Metropolitan city receiving funds under HPRP, shall be subject to the requirements of 24 CFR part 85. Non-profit sub-grantees shall be subject to the requirements of 24 CFR part 84. 3. Shall keep current all reporting of status, clients data, finances, employment, housing stock and other management information on any common electronic data and management information system or any requested data in addition to that system that might be requested by OERI. The recipient shall and produce said records by the calendar and specifications required by OERI . J. Termination At its discretion, and with 10 days written notice, OERI may terminate this grant agreement. K. Waiver of Default. Waiver by OERI of any default or breach in compliance with the terms of this Agreement by Recipient shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing, signed by an authorized representative of OERI and Recipient and attached to the Agreement. 7.Remedies for Recipient's Non-Compliance and Termination. In the event of Recipient's non- compliance with any provision in this Agreement or any policy, rule or regulation of HUD or OERI, Recipient agrees that HUD or OERI may take any actions authorized by law or by this Agreement. These remedies include, but are not limited to, reducing or suspending Program funds or terminating the Agreement, including the withdrawal of all funds described in this Agreement except for funds already expended on otherwise eligible activities which may not be recaptured or deducted from future grants. K.. Recitations and Certification as to Status and Relationship of the Parties The Recipient hereby certifies: a. That is possess the legal authority to carry out the Program for which it is obtaining funding, in accordance with applicable HUD regulations and other program requirements b. That is has never been indicted for a violation under federal law relating to an election for federal office described in 73 F.R. 58343 and/or section 2304 of HERA. Recipient further certifies that it is not an "an organization which employs applicable individuals" that have been indicted for federal election law crimes, as defined in section 2304 of HERA. c. That, with respect to the Recipient and any subcontractors, all Federal, State and local tax obligations have been or will be satisfied prior to receiving recovery funds. This provision shall be included in all subcontracts. 2. The Recipient hereby acknowledges that it is and shall be deemed to be an independent contractor in the performance of this Agreement and the program and as such shall be wholly responsible for the work to be performed and for the supervision of its employees and Sub recipients. The Recipient represents that it has, or shall secure at its own expense, all personnel required in performing the services under this Agreement. Such employees shall not be employees of, or have any individual contractual relationship with, OERI. 3. Notices: All notices permitted or required to be given from one Party to the other shall be addressed, communicated and/or delivered as follows. State Reci ient Martha Are, Policy Anal st Sharron Hinton, Communi Services Mana er NC OERI Oran e Coun DSS Orange County Grant Award Agreement, p. 10 221 E. Lane Street P.O. Box 8181 Ralei , NC 27601 Hillsborou , NC 27278 919-733-1523 919-245-2840 Fax: 919-733-2422 Either Party may change the name, address, telephone number fax number, or email by giving timely written notice to the other Party. 4. Availability of Funds The Parties agree and understand that the payment of the sums from OERI to Recipient specified in this Agreement is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to OERI. Recipient understands and acknowledges that any and all payment of funds or the continuation thereof is contingent upon funds provided solely by ARRA or required state matching funds. 5. Survival of Promises. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties by Recipient contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein. 6. Time of the Essence. Time is of the essence in the performance of this Agreement. This Grant Agreement will expire on August 31, 2012. 7 Controllin Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, not inconsistent with applicable federal laws and regulations, except that the Parties agree that no terms, provisions or language in this Agreement shall be presumed or construed against any other Party based on its involvement in the drafting of this Agreement: 8 Future Coo eration. The Parties agree to cooperate fully with one another, to execute any and all supplementary instruments and/or agreements that may be necessary or helpful to give full force and effect to the terms of this Agreement and to the Parties' intentions in entering this Agreement. 9. Severabilitv. Each provision of this Agreement is intended to be severable and, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect or impair any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. [SIGNATURES ON NEXT PAGE] Orange County Grant Award Agreement, p. 11 Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. In Witness Whereof, the Contractor and North Carolina Office of Economic Recovery and Investment have executed this contract in duplicate originals, with one original being retained by each party. Orange 6 tmentof Social Services ~~. i~ Si afore ,/ ~, Print Name WITNESS Signature ~i ~~~~' ~. ~~6C~ Printed Name North Carolina Office of Economic- ecove _, '";~ , ~~ .mow-~~- Signature ' Title and Investment (NC OERI) 0~ Date Dempsey Benton Director, OERI Printed Name Title The North Carolina Housing Finance Agency joins in the execution of this Agreement solely for the purposes of providing administrative support to: 1. Process payments from the Recipient and make disbursements of grant funds to Recipient in accordance with this Agreement, the Program, and OERI's direction. 2.. Utilize HUD's Integrated Disbursement and Information System ("IDIS") to draw down Program funds and report on grant expenditures. 3. Track and monitor disbursements and otherwise interact with Recipient on issues regarding funding under the Program. Date ~~~'~ c ~ Title ~ ~~~1~ /r Date ~ i!~~ Orange County Grant Award Agreement, p. 12 4. Administer those certain administrative responsibilities identified in the OERI contract with Non-Profit Industries d/b/a Socialserve.com to maintain an on-line, searchable database of affordable rental housing located in the State of North Carolina. 5. Assist OERI with meeting Program reporting requirements including an initial performance report, quarterly performance reports and annual performance reports throughout the grant year term. North Carolina Housing Financ~e,Ag~cy~ (NC HFA) Signature ~~i~'~o Date A. Robert Kucab Director NC HFA Printed Name Title Orange County Grant Award Agreement, p. 13 Orange DSS HPRP Attachment B -Budget Attachment B Budget October 15, 2009 -August 31, 2012 Cost T e Prevention Ra id Re-Housin Total FINANCIAL ASSISTANCE Rent Assistance Security De osits Utility Deposits Utility Payments Moving Cost Assistance Motel & Hotel Vouchers Financial Assistance Staff Costs $ 210,000 $ 30 000 $ 20,000 $ 15,000 $ 1,800 $ $ 47,520 $ 143,804 $ 20,000 $ 10,000 $ 25,200 $ 4,400 $ 4,400 $ 37,611 $ 353,804 $ 50,000 $ 30,000 $ 40,200 $ 6,200 $ 4,400 $ 85,131 Overhead Financial Costs $ 3,327 $ 2,633 $ 5,960 Subtotal $ 327,647 $ 248,048 $ 575,695 HOUSING RELOCATION & STABILIZATION COSTS Case Management $ 151,257 $ 77,533 $ 228,790 Outreach & Engagement $ 1,500 $ 2,314 $ 3,814 Housing Search & Placement $ 3,000 $ 80,133 $ 83,133 Legal Services $ 3,600 $ 1,800 $ 5,400 Credit Repair $ 4,500 $ 1,350 $ 5,850 Overhead Services Costs $ 7,562 $ 44,042 $ 51,604 Subtotal $ 171,419 $ 207,172 $ 378,591 DATA COLLECTION/HMIS Equi ment/Internet Access $ 4,200 $ 4,713 $ 8,913 Data Collection Staff Costs $ $ 23,000 $ 23,000 User Fees $ 3,900 $ $ 3,900 Subtotal $ 8,100 $ 27,713 $ 35,813 Total $ 507,166 $ 482,933 $ 990,099 Admin 1% $ 9,901 Total $1,000,000 ATTACHMENT C FEDERAL CERTIFICATIONS The undersigned states that: 1. He or she is the duly authorized representative of the Recipient named below; 2. He or she is authorized to make, and does hereby make, the following certifications on behalf of the Recipient, as set out herein: a. The Certification Regarding Nondiscrimination; b. The Certification Regarding Drug-Free Workplace Requirements; c. The Certification Regarding Environmental Tobacco Smoke; d. The Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions; and e. The Certification Regarding Lobbying; 3. He or she has completed the Certification Regarding Drug-Free Workplace Requirements by providing the addresses at which the contract work will be performed; 4. [Check the applicable statement] ^ He or she has completed the attached Disclosure Of Lobbying Activities because the Recipient has made, or has an agreement to make, a payment to a lobbying entity for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action; OR ^ He or she has not completed the attached Disclosure Of Lobbying Activities because the Recipient has not made, and has no agreement to make, any payment to any lobbying entity for influencing or attempting to influence any officer or employee of any agency, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress in connection with a covered Federal action. 5. The Recipient shall require its subcontractors, if any, to make the same certifications and disclosure. Signature Title Recipient Date [This Certification Must Be Signed By The Same Individual Who Signed The Proposal Execution Page] I. Certification Regarding Nondiscrimination The Recipient certifies that it will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination 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 nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 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 ' finan3ing of housing; (h) the Food Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political beliefs; and (i) the requirements of any other nondiscrimination statutes which may apply to this Agreement. *****************~:~x~***************~*:x********************************************************************** II. Certification Regarding Drug-Free Workplace Requirements The Recipient certifies that it will provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing adrug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Recipient's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee be engaged in the performance of the agreement be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the agreement, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the Department within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (fj Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (~• The sites for the performance of work done in connection with the specific agreement are listed below (list all sites; add additional pages if necessary): Street Address No. 1: City, State, Zip Code: Street Address No. 2: City, State, Zip Code: