HomeMy WebLinkAboutS Grant - Social Services - Amended and ReStated Homelessness Prevention and Rapid Re-Housing Program Grnt Agreement - 09-22-2009-Added Item~ a ~~d 5
Award#: 9104757 ~`~~~ `~~~ m
AMENDED AND RESTATED
HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM
GRANT AGREEMENT
Upon execution of this AMENDED AND RESTATED 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, directives and all other requirements of
OERI or )3UD now or hereafter in effect pertinent to I3PRP. 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-
O 1 ("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 Parties previously executed a Homelessness Prevention and Rapid Re-Housing Program
Grant Agreement dated November 4, 2009 the purpose of which was 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
therein ("Previous Agreement"); and,
WHEREAS the Parties now wish to enter into this Amended and Restated Homelessness Prevention and
Rapid Re-Housing Program Grant Agreement to replace in its entirety the Previous Agreement.
NOWTHEREFORE, for good and valuable considerations the parties hereto agree as follows:
1. DEFII~TITIONS
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.
Contract Agreement, p. 1
' Award #: 9104757
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 gant ageement in the event of a conflict.
B. "Recipient" or "Sub-Grantee" means the Orange County Department of
Social Services who is designated as a recipient and sub-grantee for gant
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 may be 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 Ageement.
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 Ageement 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 may be 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 Progam, 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.
Contract Agreement, p. 2
' Award #: 9104757
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 Svstems, Audits, and State Reporting Reauirements
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.
4. Any Sub-Grantee that receives this grant and expends $500,000 or more in federal funds during
the fiscal year will comply with Office of Management and Budget ("OMB") A-133 requirements
(www.Whitehouse.gov/omb/circulars/a133/a133.htm1). Additionally, Sub-Grantees that are non-profit
organizations will be subject to the administrative requirements of OMB Circular A-110, as it may be
amended, relating to consistent administration of grants to non-profit organizations, and A-122,
relating to principles for grants and other agreements with non-profit organizations. All non-profits
must refer to and comply with www.ncgr, ants.gov.
5. In addition, all units of local government must refer to and comply with
www.treasurer.state.nc.us for GS 159-34 "Audit Requirements of the Local Government
Budget and Fiscal Control Act".
6. If the Sub-Grantee is aNon-governmental organization it must also submit compliance reports
required by North Carolina General Statute 143C-6-23. (www.ncauditor.net/Non-ProfitSite). If your
organization receives, uses, or spends less than $500,000 in State and/or Federal pass-through funds
from all sources, these reports are due to OERI within six months of your fiscal year end date. If your
organization receives, uses, or expends $500,000 or more State and/or Federal funds from all sources,
the reports are due to OERI no later than nine months of your fiscal year end date.
7. Any and all information regarding these grant funds should be forwarded to your auditors when
organizing your annual audit. All audit confirmations are to be sent to:
Martha Are
NC OERI
221 E. Lane Street
Raleigh, NC 27601
Contract Agreement, p. 3
Award #: 9104757
C. Records, Record Retention, and Examination
1. 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 in its role as a contractor to
OERI, North Cazolina Department 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 audit findings shall be retained for three 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;
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 fmdings 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.
2. 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.
3. 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 aze 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
Contract Agreement, p. 4
' Award #: 9104757
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. Submit any forms or contracts used by Recipient to OERI for approval prior to their execution or
implementation.
5. 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
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.
6. 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.
Contract Agreement, p. S
Award #: 9104757
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 aze
in a position to participate in adecision-making process or gain inside information with regazd 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.
3. 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 sub-grantees 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 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. H[JD 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 Standazd 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. Recipient hereby agrees to release and to hold harmless OERI, DHHS and its employees, agents,
attorneys, independent contractors (including the North Carolina Housing Finance Agency officers
and directors (collectively, the "Parties") from any and all liability for any purpose whatsoever, and
recognizes and affirms that the Parties have not waived any immunities provided by state or federal
law, such immunities being expressly preserved. Additionally, Recipient agrees to indemnify and
defend the Parties 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
aze 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 Cazolina, as well as
ContractAgreement, p. 6
Award #:9104757
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 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. Oversi h~ t Standards and Reporting
Recipient is required to:
Contract Agreement, p. 7
• Award #: 9104757
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;
(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 ofstate-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.ncrecover~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 reprisal 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:
ContractAgreement, p. 8
Award #: 9104757
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 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.
Contract Agreement, p. 9
' Award #: 9104757
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.
L_Uniform Administrative and Re orting Requirements
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 15 I2 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.
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., fmances, 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.
L..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.
M.. Recitations and Certification as to Status and Relationship of the Parties
1. 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
Contract Agreement, p. 10
Award #: 9104757
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.
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 Tent
Martha Are, Polic Anal st Sharron Hinton, Communi Services Mana er
NC OERI Oran e Coun DSS
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 Cooperation. 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.
Contract Agreement, p. 11
Award #: 9104757
9. Severability. 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.
10. Contractors of OERI.OERI reserves the right to contract for services to assist in the administration of
this Agreement. This includes but is not limited to the following:
The North Carolina Housing Finance Agency (NCHFA) in its capacity as a vendor providing
payment processing and related services for the Program.
[SIGNATURES ON NEXT PAGE]
Contract Agreement, p. 12
' Award #: 9104757
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
"~ ~R_ L ~
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Signa - ~ -- 13 ~~. SS / Uv~s-~-- ate
Printed Name Title
WITNESS
Si e
Printed Name
5 ~. rA
Servicees
North Carolina Office of
Signature
and Investment (NC OERI)
Z 3 /a
Date
Title
Date
Dempsey Benton Director, OERI
Printed Name Title
Contract Agreement, p. 13
Attachment A
North Carolina HPRP State Sub-grantee Scope of Work
I. Training
All core HPRP project staff, including case managers, case management supervisors,
grant managers, CHIN data entry and monitor staff, and financial processors must
attend HPRP training provided by the state before providing HPRP services.
Documentation: Copy of certificate of training completion
II. Eligibility Screening and Intake
Sub-grantee will engage in HPRP intake using State provided intake forms
documenting housing status, income eligibility, and financial and social supports
available to prevent homelessness. Sub-grantee will only provide HPRP services to
eligible participants. If sub-grantee provides services to ineligible participants then
sub-grantee will reimburse the State for those funds from anon-HPRP funding
source.
Documentation: Participate files and appropriate data entered into CHIN
III. Case Management
Case workers will be responsible for financial assistance determination as well as for
the development and assisting participant in implementing Housing Stabilization
Action Plans.
FTE Caseload Rapid Re-housing Prevention Mix of RR and
Prevention
Case Management 15 25 22
Only
CM and Intake 12 20 18
Documentation: CHIN Reports and Timesheets
IV. Outreach
Sub-grantee will be responsible for adequate outreach to ensure full caseloads,
awareness by professionals serving the focus population, and access by most if not all
eligible populations.
Documentation: CHIN Reports; listings of outreach visits/initiatives including dates;
copies of outreach materials
V. Financial Assistance Documentation
Sub-grantee will be responsible for all required documentation for financial
assistance. Such documents include, but are not limited to, housing assistance
payment agreements, leases, utility payment receipts, documentation of utilities in the
recipients name, unit inspection, etc.
Attachment A, pg. 1
Scope of Work
Documentation: Participant file and Reimbursement Requests
VI. Recertification
Sub-grantee will be responsible for recertification of any household that is to receive
more than 3 months of services. Recertification will verify that the household still
meets the eligibility criteria, including but not limited to income certification.
Documentation: CHIN Reports
VII. Carolina Homeless Information Network (CHIN)
Sub-grantee will responsible for ensuring that all staff involved in CHIN data entry or
CHIN data monitoring participate in HPRP CHIN training. Staff responsible for
CHIN data entry or monitoring is expected to take advantage of available technical
assistance in an assertive, proactive manner to ensure their ability to meet the
requirements for accurate data entry. Sub-grantees will input, regularly review, and
correct, if necessary, 100% of required data fields into CHIN within one week of
client contact and/or service and daily during the last week of the quarter. Data fields
include, but are not limited to: Eligibility, demographic, and risk factor data for
participant households, services provided to households, Financial Assistance (dollar
amounts per individual) and salaried staff time spent directly on work with HPRP
households. In addition, CHIN will provide monthly data quality reports to sub-
grantees and the State Partners.
Documentation: CHIN reports, participant files
VIII. Reimbursement
A. Sub-grantee will submit reimbursement requests to the N.C. Housing Finance
Agency using forms supplied by the State with required documentation/proof of
payment and maintaining additional required documentation in household
(participant) files and in the CHIN system. Reimbursement requests will be
verified, before payment is made, against data entered into CHIN.
B. Reimbursements for sub-grantee staff will require timesheets or documentation of
indirect cost rates.
C. Reimbursement for any activities for which the sub-grantee sub-contracts will
require a paid invoice for reimbursement from the state. Sub-grantee will be
responsible for all funds allocated to asub-contractor. If funds are misused by a
sub-contractor the sub-grantee will reimburse the state with another funding
source.
Documentation: Reimbursement forms, reimbursement documentation, CHIN
reports, participant files, timesheets or documentation of indirect cost rates, cost
allocation plans and paid invoices
IX. Monitoring
A. Sub-grantee will make electronic or paper copies of intake forms and eligibility
screening criteria for a minimum of the 5 first cases enrolled and 3 first cases not
Attachment A, pg. 2
Scope of Work
enrolled into the HPRP program. Copies will be made with names and social
security numbers blacked out. Copies will be sent to HPRP Grant Administrator,
DHHS, MSC 2001, Raleigh, NC 27699-2001. Copies of additional files maybe
requested.
B. Sub-grantee will participate in all monitoring activities, programmatic and/or
fiscal, state and/or federal, field and/or desk monitoring (materials mailed/emailed
in to the state offices).
a. At a minimum, participant file monitoring will include review of
households that were not enrolled into the program, households that are
currently enrolled in the program, and households that have exited the
program (unless no households have yet exited).
i. Participant file monitoring will include, but is not limited to,
eligibility determination and recertification, Housing Stabilization
Action Plans, financial assistance determination, financial
assistance documentation, referral and follow up documentation,
and CHIN consent forms.
b. Fiscal monitoring will include monitoring of fiscal processes, financial
documentation of expenses, and eligibility documentation in client files.
c. Programmatic monitoring will also include review of CHIN data entry and
monitoring practices.
C. Frequency of monitoring visits may be based on performance as documented in
CHIN. Each sub-grantee will be monitored at least once in a calendar year.
Documentation: Monitoring reports and participant files
X. Spending Rates
A. The State must expend 60% of funds by August 31, 2011. Failure to do so may
result in recapture by the federal government.
B. Therefore, sub-grantees are strongly encouraged to expend 15% of funds by
August 31, 2010.
C. Sub-grantees that have not expended 45% of funds by April 30, 2011 may have a
portion or all of their funds recaptured for redistribution to other North Carolina
sub-grantees.
D. Sub-grantees must expend 100% of funds by August 31, 2012. Therefore, sub-
grantees that have not expended 85% of funds by Apri130, 2012 may have a
portion or all of their remaining funds recaptured for redistribution to other North
Carolina sub-grantees.
E. Sub-grantees are allowed to spend 100% of funds before August 31, 2012.
F. Sub-grantees with slow spending rates may have some or all of their program
funds reallocated to high performing sub-grantees.
Documentation: Fiscal reports
XI. Performance
Attachment A, pg. 3
Scope of Work
f
At the end of six months of program operation and periodically thereafter, the state
will use CHIN reports to ascertain actual averages of hausing stability outcomes,
taking into account the number and weight of risk factors and the level of housing
barriers faced by participating households. Sub-grantees that have housing stability
outcomes that are less than 75% of the statewide average will receive additional
technical assistance and may have some or-all of their program funds reallocated to
high performing sub-grantees.
Documentation: CHIN reports, participant files, monitoring reports.
XII. Reporting
A. Sub-grantees will be responsible for accurate and complete CHIN data entry and
reimbursement requests. All CHIN data entry for the quarter must be entered into
CHIN by the end of the third month of the quarter. All reimbursement requests
must be submitted to HFA by the end of the third month of the quarter. The State
will need to process data. and reimbursement requests in order to submit its federal
report by the 10~' of the month following the third month of the quarter.
B. Sub-grantees will be responsible for submitting accurate information about jobs
created and retained on a quarterly basis using a spreadsheet provided by the state.
These HPRP Funded Jobs Reports will be due by the final day of each federal
quarter.
Documentation: CHIN Reports; HPRP Funded Jobs Reports
XIII. Transition Plans
A. Sub-grantee will begin work with all active HPRP participants in developing a
transition plan by month 14 of program enrollment. The plan should ensure that
program participants will remain stably. housed once HPRP program assistance
has terminated at the end of 18 months. Transition plans will include plans for
housing options and stabilization services. Transition plans will be kept in
participant files.
B. In April 2012, the sub-grantee will begin work with all of its active HPRP
participants to draft a transition plan. The transition plan will include plans for
alternative housing options and stabilization services for participants. Transition
plans will be kept in participant files.
Documentation: Participant files
Attachment A, pg. 4
Scope of Work
HPRP Revised Budget
Instructions:
Fill in all orange fields. Fill in the table with the budgeted dollar amount for the year, using numbers only (no text).
Blue fields will auto-calculate.
ISub-Grantee:
Tota I
Data & Evaluation Administration
$88,603 $60,781 $0 $8,000 $157,384
Total
$332,729 $264,043 $14,588 $2,000 $613,360
Year Three Revisions: Sept 1, 2011- August 31, 2012
Prevention
Financial Assistance
Housing Relocation and
Stabilization Services
Total
Data & Evaluation Administration
$120,000 $104,056 $5,200 $0 $229,256
Total
Revisions for entire grant period: November 4, 2009 through August 31, 2012
Prevention Rapid ReHousing Data & Evaluation Administration
Financial Assistance $263,859 $182,429
$19
788 $10
000 Maximum Eligible
,
. ,
Housing Relocation and
$277.473
$246,451 Administration:
Stabilization Services $10,000
Total $541,332 $428,880 $19,788. $10,000 $1,000,000