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HomeMy WebLinkAboutAgenda - 02-01-2011 - 4fORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 1, 2011 Action Agenda Item No. ~~ SUBJECT: Community Development Block Grant Award -Infrastructure Hook-up Program DEPARTMENT: Housing, Human Rights, and PUBLIC HEARING: (Y/N) No Community Development ATTACHMENT(S): Funding Approval Form Grant Agreement Resolution INFORMATION CONTACT: Tara L. Fikes, 245-2490 PURPOSE: To approve the execution of the Funding Approval Form and Grant Agreement; and approve a Resolution for the FY 2010 Community Development Block Grant Award. BACKGROUND: Orange County has been officially awarded a $75,000 Community Development Block (CDBG) Grant from the N.C. Department of Commerce for an Infrastructure Hook-up Program. Funds from this grant will be used to provide water and/or sewer connections for nine (9) homes in the Rogers Road community. In order to proceed with grant activities, the attached Grant Agreement and Funding Approval Form must be executed by the Chair of the Board and returned to the N.C. Department of Commerce. Further, many grant implementation documents that were signed in previous years by County staff are required to be signed by the Chief Elected Official or the Chair of the Orange County Board of Commissioners. These implementation documents are very routine documents that must be submitted throughout the life of the grant. To facilitate the execution of these documents, a resolution has been prepared to give signatory authority to the Chair of the Board of Commissioners for all documents required to meet the grant implementation requirements for the FY 2010 CDBG Award in accordance with the Grant Agreement and Funding Approval for this grant award. FINANCIAL IMPACT: This grant provides $75,000 in this community for the connection of nine (9) low and moderate income households to existing water and sewer lines. RECOMMENDATION(S): The Manager recommends that the Board approve execution of the Funding Approval Form and Grant Agreement and approval of the Resolution giving signatory authority to the Chair of the Board of County Commissioners. 2 North Carolina Division of Community Assistance ~~,~. Community Development Block Grant Pr~ogr~am ~~ . Funding Approval l.. Name and Address of Recipient 2. Grant Number and Funding Approval Date County of Orange Grant Number: 04-D-2.085 P O Box 8181 Date of Original Funding Approval : O1/10/1 i Hillsborough, North Carolina 27278 Date of'Amended Funded Approval: 3. Approved Projects Pio'e~ ct Name Amount _ Approved Amount C-1 : Rogers Road Neighborhood Infiastructur•e $75,000..00 L-1 : $0..00 L-2 : $0..00 Total Grant Award $75,000.00 4. Funding Apgr•oval Conditions The following conditions must be removed in writing by the Division of Community Assistance (DCA) in order for all funds to be released for the approved projects listed in item (3}, above: A. Envir•onmentai Condition: No funds may be obligated or expended in any project activity except for the administration activity in the C-1 project until the recipient has complied with the Environmental Review Procedures for the N..C CDBG Program and the CDBG regulations contained in 4 NCAC 19L.1004 B. Citizen Participation and Compliance Condition: No funds may be obligated or' expended in any project activity except for the administration activity until DCA is provided with the following documentation of compliance with citizen participation requirements in the application process [4NCA 19L 1002(b)]: publisher's affidavits of notices for and minutes signed by the town (or the county as applicable) clerk of the two required public hearings. C. Fooodplain Condition: No funds maybe obligated or expended in any project activity except for the administration activity until the recipient provides DCA with a certification signed by the CEO stating that the project area is not in a floodplain; or with certification that the recipient participates in the flood insurance program, all properties assisted in the project will be covered for flood insurance prior to beginning construction on the property, and all public facilities will be constructed to comply with the applicable floodplain regulations. D. Administration Contr~acts/Inter•-local a r•eements Condition: No funds may be obligated or• expended in any project activity except the administration activity until the recipient has submitted either a copy of the contract awarded for administration of this grant or a statement signed by the CEO stating that the contract will be administered internally.. County of Orange 1 04-D-2085 3 4. Funding Approval Conditions, Continued E. Performance Based Contract Condition: No funds may be obligated or~ expended in any project activity except for the administration activity until the recipient has returned to DCA one copy of the properly completed Performance Based Contract signed by the CEO.. F. Use of Experienced CDBG Administr'ator': No funds may be obligated or expended for the administration activity until the recipient has submitted a statement signed by the CEO stating that they will be using an experienced CDBG administrator or local government staff:. Ihis person should be one who has actually administered mote than one (1) CDBG project. Please note that if' issues result fzom the CDBG administrator, the local government will be subject to 4 NCAC 19L County of Orange 2 04-D-2085 __ 4 5. Signature of Authorized Official Name Gloria Nance- i s Director, Division of Community Assistance Title O1/10/11 Date 6. Signature of Authorized Local Official Name Date I itle County of Orange 3 04-D-2085 5 North Carolina Department of Commerce Division of Community Assistance Community Development Block Grant Program Grant Agreement Infrastructure Hook Up Upon execution of this grant agreement, the North Cax•olina Department of Commerce (DOC) agrees to provide to the Orange County, (the "Recipient" and collectively with DOC, the "Patties"), Community Development Block Grant (CDBG) assistance under Title I of the Housing and Community Development Act of 1974, (P.L. 93-383), as amended, authorized {and subject to Recipient's compliance with) the DOC funding approval, the North Carolina Community Development Block Giant administrative rules, other applicable laws, rules, regulations, and ali other requirements of DOC now or hereafter in effect. The grant agreement is effective on the date the grant agreement and funding approval are signed by the Recipient.. The grant agreement consists of•the program guidelines and the approved application, including the certifications, maps, schedules and other submissions in the application, any subsequent amendments to this document or the approved application and funding approval and the following general terms and conditions: Definitions Except to the extent modified or supplemented by the agreement, any term defused in the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L, shall have the same meaning when used herein (a) Agreement means this grant agreement, as described above and any amendments or supplements thereto. (b) Recipient means the Oran a County, the entity designated as a recipient for grant assistance in the grant agreement and funding approval. (c) Certifications mean the certifications submitted with the grant application pursuant to the requirements of Paragraph (e) of Rule 0407 of the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L. {d} "Assistance" or "Grant" means the grant funds provided under this Agreement from funds allocated to the State of North Carolina from the Federal Treasury through the CDBG and supporting laws, rules, requirements and regulations, in the amount of $75,000 except as modified (e} Program means the community development program, project, or other activities, including the administration thereof; for which assistance is being provided under this Agreement and which is 6 described in the Recipient's approved application, as may be modified.. (f) the date for receiving the grant means the date of the DCA Director's signature on the Grant Agreement and Funding Approval. 2. Timely Execution. Due to the need to expedite the use and expenditure of CDBG funds, Recipient's failure to execute and return a copy of the Agreement within 60 days of'the date of the DCA Directoz's signature on the Grant Agreement and Funding Approval may be deemed by DOC to determine the funds are available for reallocation to othez subrecipients Obligations of the Recipient.. the recipient shall perform the Program as specified in the application approved by DOC as may be amended with DOC approval The Recipient hereby certifies that it will comply with all applicable federal and state laws, regulations, rules and Executive Orders, pursuant to Paragraph (e) of Rule .0407 of the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L.. the Recipient shall also comply with all other lawful r•equir•ements of'DOC, all applicable requirements of the General Statutes of'the State of'North Carolina specificallyN, C. G.. S 87-1-87-159 and any other applicable laws, rules, regula#ions, requirements, and Executive Orders currently ox hereaf~er• in force. Recipient is prohibited from any fraud, waste and abuse of CDBG funds by any person or entity_ the rules contained in 4 N.C A C 19L (as welt as applicable federal rules and regulations) are part of the Agreement, except where specifically modified by applicable law, rule, regulation, DOC, the CDBG HUD Program Requirements and any subsequent amendments, regulations or clarifications to any of~the foregoing.. Additionally, Recipient agrees to ensure compliance with respect to the Program and the Grant (and any of its proceeds) with all applicable federal and state laws, rules, regulations and requirements, including but not limited to the following (as each may be modified or amended}: (1) the CDBG HUD Program Requirements; (2) Title I of the Housing and Community Development Act of 1974, as amended (42 U..S..C.. 5301 et seq), (3) existing CDBG laws, rules, regulations and requirements, as maybe amended, including those set forth in 24 C.,F .R ,Part 5 70; (4}North Carolina laws, rules, regulations and requirements; (5) DOC guidance and requirements regarding CDBG now or hereafter in effect, including but not limited to: DOC's CDBG Guidelines and Application Instructions, and DOC bulletins or other guidance documents; and (6) Recipient's own approved CDBG application to DOC, as maybe amended with DOC approval. 4. Obligations of Recipient with Respect to Certain Third Party Relationships.. Recipient is responsible to DOC for ensuring compliance with the provisions of this Agreement and all applicable laws, rules, regulations and r•equir•ements, even when the recipient designates a third party or patties to undertake all or any part of the Program the Recipient shall comply with all lawful requirements of DOC necessary to ensure that the program is carried out in accordance with the Recipient's certifications including but not limited to the certification of assumption of environmental responsibilities under Rule ..1004 of the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L If the Recipient contracts with oz designates a third party to undertake all or part of the Program, the Recipient's contract with the third party must zequire the thud party to comply with this Agreement, all applicable laws, rules, regulations and requirements, including but not limited 2 7 to the pxocux•ement standards set forth in 4 N.C. Administrative Cade 19L ..0908 as may be applicable.. Recipient shall likewise ensure that all subrecipient contracts regarding Grant funds oz relating to the Program include all xequir•ed contractual elements in order to be in . compliance with all Federal, State and local laws, including but not limited to the provisions contained in 24 C..F R. § 570 503, 24 C F .R § 85.37, and other provisions described throughout this Agreement, where applicable.. In any event, the Recipient is liable to DOC and HUD fox any improper expenditures, damage, loss or harm resulting from the failure of any person or entity to comply with any applicable law, rule, regulation or requirement regarding the Grant funds and/or the Program, including but not limited to an act or omission by a subrecipient or other third party. The Recipient agrees to periodically and xigor•ously monitor and audit its subx•ecipients and other third parties to ensure compliance with all applicable requirements.. Any subcontracts or subrecipient agreements entered into by the Recipient with Grant funds shall be subject to all terms and conditions of this Agreement. Payment o#'all subcontractors and subxecipients shall be the sole x•esponsibility of'the Recipient, and DOC shall not be obligated to pay for any work performed by any subcontractor or subrecipient. the Recipient shall be responsible for the performance of all subcontractors and subxecipients and shall not be relieved of any of the duties and responsibilities of this Agreement as a result of entering into subcontracts or subrecipient agreements. Changes to Agreement.. Recipient agrees that DOC may supplement ox• rnodify this Agreement as may be necessary to implement additional or modif ed Federal ox State guidance regarding implementation of the CDBG program 6. Conflict of'Interest.. Recipient agrees to comply with all applicable conflict of interest previsions, including but not limited to those found at 4 N..C .A C . 19 L ..0908 and ..0914, N..C~ Gen Stat § 14-2.34, 24 C..F..R.. § 85.36, 24 C.F.R § 570.489 (g) and {h), and 24 C..F .R § 570 611, where applicable, copies of'which may be obtained from DOC Except for eligible administrative or personnel costs, the general rule is that no persons described in the following sentence who exercise or have exercised any functions or responsibilities with respect to grant activities assisted under this Agreement or who ar•e in a position to participate in adecision-making process ar gain inside information with regard to such activities, may obtain a financial interest or benefit from a Grant-assisted activity, or have an interest ox benefit from the activity, ox have an interest in any contract, subcontract ox 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 The conflict of'interest summary in the sentence above generally applies to any person who is an employee, agent, consultant, officer, ox elected official or appointed official of~the state, ox of a unit of general local government, or of any designated public agencies, or Recipient ox applicable third parties which axe receiving CDBG grant funds Recipient agrees to include these same prohibitions in all such contracts or subcontracts with any subrecipients or' other third parties relating to the Program.. 3 8 In any event, the Assistance provided under this Agreement shalt not be used in the payment of any bonus of commission for the purpose of obtaining DOC approval of the application fox such assistance, or DOC approval of applications for additional assistance, or any other approval or concurrence of DOC required under this Agx•eement, oz the North Carolina Community Development BIock Grant Administrative Rules, with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial ox othex• such services, other than actual solicitation, aze not prohibited if otherwise eligible as program ' costs and allowed by applicable law.. Additionally, certain limited exceptions to the conflict of interest rules listed in 24 C.F .R § 570..489 may be granted in writing by HUD and/or DOC upon written request and the provision of information specified in 24 C.F..R. § 5 70.489(h)(ii)(4), 7. Reimbursement to DOC fox Improper 1/xpenditrues the Recipient will z•eimburse DOC foz any amount of Grant assistance improperly expended, either deliberately or non-deliberately, by any person or entity Additionally, a contract for administrative services shall include a clause holding the administrator organization responsible for reimbursement to the Recipient foz any improperly expended gx•ant funds that had to be returned to DOC . 8.. R_ecordkeeping Reauuements Recipient will maintain any and all records and comply with all responsibilities asmay be required under typical CDBG recordkeeping (for example, records and responsibilities set forth in 4 N.C..A..C. 19L.0911 ("Recordkeeping"), 24 C~F .R. 570 490 ("Recordkeeping Requix•ements"), 24 C..F..R § 570..506 ("Records to be maintained") and 24 C.F R. § 85 42 ("Retention and Access Requix•ements for Records") as each may be modified by HUD or DOC) as well as records and responsibilities related to CDBG oz specifically to CDBG funds.. Recipient agrees to comply with any additional record-keeping requirements now or hezeinaftex set forth by DOC, HUD or any other federal or state entity 9. Access to Records. The Recipient shall provide any duly authorized zepzesentative of DOC, the State of North Carolina, the federal Department of'Housing and Urban Development (HUD}, and the Comptrollex• General, the Inspector General and other authorized parties at all reasonable times access to and the right to inspect, copy, monitor, and examine all of'the books, papers, records, and other documents relating to the grant for a period of five yeazs following the completion of all close-out procedures Ail original files shall be maintained at the Local Government offices for access purposes 10 Release of Personal, Financial and Identifying Information. Io ensure and document compliance with CDBG income requirements as well as other matters, Recipient shall obtain and retain personal, income-related, financial, tax and/ox z•elated information from individuals and families that are benefitting fiom Grant or Program funds Additionally, Recipient is obligated to provide access to any and all information relating to the Program to DOC, HUD or some other appropriate federal or state monitoring entity, upon DOC's request.. Ibis obligation includes, but is not limited to, the personal, financial and identifying information of individuals assisted by the Program As such, Recipient shall obtain any releases or waivers from all individuals or entities necessary to ensure that this information can be properly and legally provided to appropriate federal and state entities, including DOC and HCTD, without issue or objection by the individual ox entity.. 4 9, 11. Project Savings. The Recipient is obligated to contribute 100 percent of its pledged cash contzibution to the CDBG project even if the project experiences a savings after authorized activities are completed. Any project savings accrue to the CDBG program. Substitution of in-kind contributions for cash is not allowed 12 Expenditure of Non-CDBG Funds. the recipient must ensure that non-CDBG funds ar•e expended along with CDBG funds, following the implementation schedule described in the approved application and modified by the Performance Contract (or otherwise with DOC approval), and shall report on non-CDBG expenditares with each Annual Performance Report, consistent with Section .1100 PERFORMANCE of'the program regulations {4NCAC 19L) as well as any other applicable reporting requirements_ 13 . Method of Payment_ the Department of Commerce uses the Office of State Controller (OSC) to make CDBG payments to units of'local government The Electronic Payment Form from OSC must be completed for funds to be electronically transferred. P,rral~ements_ must be made with the Finance Officer in the Division of Community Assistance if a Recipient does not want to use the electronic funds transfer. 14 Fair• Housing Recipients of'CDBG funds are required to comply with fair housing and non- discrimination laws and regulations. Recipients should consult Section .1001 of'the CDBG administrative rules for further information on equal opportunity requirements.. Recipients are required to submit a fair housing plan for' its jurisdiction Recipients with 10,000 persons or more will be required to complete an Analysis to Impediments to Fair Housing Choice Study. the Fair• Housing Plan or the Analysis to Impediments Study must be completed on the DCA approved template For each grant year that a CDBG project is active, a Recipient must describe the actions it will take in the areas of enforcement, education and removal of barriers and impediments to affirmatively farther fair housing. Guidance fox developing a Fair Housing Plan can be found in DCA Bulletin 93-4 and the CDBG Implementation Notebook 15 . Eaual Employment and Procurement Opportunity A Recipient must describe the actions it will take annually while the grant is open in the areas of enforcement, education and removal of'batrieis and impediments that affirmatively further equal access in employment and procurement Ihis includes a description of steps to be taken in the areas of'advertisement, compliance and complaint tracking. 16. Local Economic Benefit (Section 3 Re~ulation~ For• each year that a CDBG is active, the Recipient must describe a strategy whereby opportunities in employment and procurement arising out of a CDBG assisted project are identified and made available to low-income residents within the CDBG assisted area to the greatest extent feasible. Ihis strategy must include (1) identification of'training and technical assistance resources to prepare low- income residents for employment and procurement opportunities, (2) attempts to reach the numerical targets for new hues set forth in the Section 3 regulation, which applies to (3) employment and training of very low, low, to moderate income residents served within the CDBG assisted area. Recipients receiving $200,000 or more in grant funds within the CDBG assisted area about the components and opportunities of the program.. $200,000 or' more total is an aggregate amount. Recipients are required to track and report annually on Section 3 using the HUD 60002 form.. Recipients must document efforts to reach out to qualified Section 3 Residents and Section 3 Firms. 10 In addition, recipients will be required to coordinate additional activities as it relates to Section ~ with the DOC CDBG Compliance Office by sending all bids, contracting information, request for proposals, request for qualifications, employment opportunities and or training opportunities that are related to the expenditure of CDBG funds to the Compliance Division Ibis information must be submitted while those opportunities are available and have not expired Recipients aze required to submit this information electronically to the Compliance Division 1'7 Section 504 and ADA Recipients must complete the Section 504 Survey In addition, recipients may be required to submit a transition plan if'applicable Ihis plan will not satisfy all the requirements of the Americans with Disabilities Act, but it will meet the minimum requirements for a CDBG assisted project 18_ Environmental Review, Recipients of CDBG funds are required to complete the document entitled "Environmental Review Procedures for the CDBG Program." Environmental Review documents must be submitted electronically to the Compliance Division prior to any hand copies being sent to the Division of Community Assistance. Once the Environmental Review Record (ERR) is received electronically, DCA will review fox completeness and submit selected CDBG ERRs if~required to the State Clearinghouse fox other State agencies to review and comment. Recipients cannot conduct any program activities until DCA issues an environmental clearance. Conducting any activities pzior to environmental clearance will zesult in a choice limited action and all consequences of that violation will be executed 19. Language Access Plan (LAP}.. Recipients of'Federal financial assistance have an obligation to reduce language barriers that can preclude meaningful access by Limited English Proficient (LEP} persons to important government programs, services, and activities.. Title VI of'the Civil Rights Act of 1964, 42 U.S.C_ 2000(d) and its implementing regulations r~equir~e that Recipients take responsible steps to ensure meaningful access by LEP persons Recipients will be required to submit a language access plan using the approved template from DCA. the plan will address the LAP policy, translation of'r~equired vital documents, and requirements for citizen participation. 20 Procurement Standards, Where applicable, Recipient shall follow the procurement standards established in the "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Iribal Governments" (24 C..F .R., Part 85) and 1'-ILTD implementing regulations contained in 24 C.F.R. & 5 70.489(g~, which explicitly pz•ohibit cost plus a percentage of cost and percentage of construction cost methods of contracting. 4 N.C.A.C.. 19L 0908 a Any Recipient or Subrecipient shall follow other applicable procurement standards set forth in 4 N.C.A.C, 19L 0908, and the relevant laws cited therein, including but not limited to, laws related to conflicts of interest (N..C..G S . § 14-234), public building contracts (N C G.S § 148-128 to I35), and payment and performance bonds (N.C.G.S § 44A-25 through 35); acquisition and relocation (4 N..C..A.C.. 19L.1003}; property management standards (4 N,C.A..C 19L:0909}; equal opportunity (4 N.C..A C 19L 1001); and labor standards (4 N C,A C 19L 1006). b Recipient shall likewise follow all other applicable federal and state procurement rules, guidelines and pr~ocedur~es, including those set forth in Off ce o#'Management and Budget Circulaz No. A-87 ("Cost Principles for State and Local Governments").. 6 11 In any event, per 24 C.F R. X70 489(g), all purchase ordezs and contracts shall include any clauses required by Federal statutes, executive ordezs and implementing regulations. Additionally, Recipient acknowledges and agrees that, in its conduct under this Agreement and in connection with any and all expenditures of'Grant funds made by it, Recipient, its officers, agents and employees shall be and aze subject to the provisions of the North Carolina Genezal Statutes and the North Carolina Administrative Code relating to and governing procurement, public contracts, suspension and debarment. Recipient fiuther acknowledges and agrees that, in the event that it giants any of the Giant funds awarded hereunder to one or more subrecipients oz other applicable entities, Recipient shall, by contract, ensure that the provisions of all applicable laws relating to and governing procurement, public contzacts, suspension and debarment are made applicable to and binding upon any and all subzecipients and/or other applicable entities. 21. Labor Standards. Recipient shall follow all applicable laws, rules and regulations concerning the payment of wages, contract work bouts, safety, health standards, and equal opportunity for CDBG-R programs, including but not limited to the rules set forth in 4 N C A..C 19L..1006, 24 C.F .R § 570 603 and the following (as may be applicable to CDBG-R projects): a Davis-Bacon Act (40 U.S.C.A. 2.76aZ Among other provisions, this act requires that prevailing local wage levels be paid to laborers and mechanics employed on certain construction work assisted with CDBG funds.. b.. Contract Work Hours and Safety Standards Act j40 U.S.C.A. 327 through 333}. Under this act, among other pzovisions, laborers and mechanics employed by contractors and subcontractors on construction wozk assisted with CDBG funds must receive overtime compensation at a rate not less than one and one-half the basic rate of pay for all hours worked in excess of forty hours in any workweek.. Violators shall be liable for the unpaid wages and in addition for liquidated damages computed in respect to each laborer oz mechanic employed in violation of the act, c. Fair Labor Standards Act X29 U.S.C. 201 et seq.), requiring among other things that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half tunes their basic wage rate for all hours wozked in excess of the prescribed work-week d. Federal anti-kickback laws (18 U.S.C. 874 and 40 U.S.C. 276), which, among other things, outlaws and prescribes criminal penalties for "kickbacks" of wages in federally fitnanced or assisted construction activities. Weekly statements of compliance and weekly payrolls must be provided by all contractors and subcontractozs Recipient agrees to maintain records regarding compliance with the laws and regulations cited in 4 N..C A C 19L..1006 (including the citations listed above} in accordance with 4 N..C..A..C.19L.0911 All contzacts between Recipient and third parties shall contain labor standards provisions as required in 4 N.C A C.. 19L 1006 Recipients must follow the Division of•Community Assistance required policy and process for obtaining the required wage decision At no time should a recipient self certify for a Davis Bacon Wage decision. Self' certification is in violation of the Division of'Community Assistance policy. 7 12 22... Architectural Barriers_ Per 4 N C.A.C.19L..1007, 24 C..F R §§ 570..487 and 5'70 614 and other applicable law, all applicable buildings or facilities designed, constructed or altered with CDBG Grant funds shall be made accessible and useable to the physically handicapped as may be requix•ed by applicable laws, rules, regulations or requirements Additionally, Recipient must comply with the following (as may be applicable to CDBG projects): a. Architectural Baxrier•s Act of 1968 {P.L 90-480). Ihis act requires Recipient to ensure that certain buildings constructed or altered with CDBG funds are readily accessible to the physically handicapped:. b.. Minimum Guidelines and Requirements for Accessible Design 36 C.F .R. Part 1190. These regulations establish guidelines for implementing the federal acts described in 4 N.C..A.C.19L..1007(1)(a). The regulations provide technical standards which must be met by Recipient c Americans with Disabilities Act ["ADA"] and the ADA Accessibility Guidelines for Buildings and Facilities oz• the Uniform Federal Accessibility Standards d.. North Carolina Building Code, Volume I, Chaptez 11-X These pzovisions describe minimum standards Recipient must meet in constructing or altering building and facilities, to make them accessible to and useable by the physically handicapped. 23 . Change of Use of Real Property Recipient agrees not to change the use or planned use of any property acquix•ed with CDBG funds from that for which the acquisition ox improvement was made, in accoz•dance with this Agreement and applicable law, rule, regulation or requirement, unless (i) the DOC grants explicit written approval and (ii) the requirements of 24 C.F .R § 570.489(j), 24 C.F.,R § 5'70 505 and other applicable requirements are followed, as modified (or as may be modified) by HUD or DOC 24. Obligation of'Recipient With Regard to Vacant Units the recipient shall ensux•e that all vacant units being rehabilitated will be occupied by a low ox• moderate income person by the time close-out occurs. 25. Utility Assessments or Fees: Assessments or fees to x•ecovex the CDBG funded portion of a utility project may be charged to properties not owned and occupied by Iow and modex•ate income persons. Such assessments axe program income and, as such, must be used fox eligible CDBG activities that meet a CDBG national objective. 26. False ox Misleading Information Recipient is advised that providing false, fictitious or misleading information with respect to CDBG funds may result in criminal, civil, or administrative prosecution under 18 U S C § 1001, 18 U.S..C.. § 1343, 3I U.S C § 3729, 31 U..S C. § 3801, or another applicable statute. Recipient shall promptly refer to DOC and HUD's Office of the Inspector Genezal any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation oflaws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG funds. 27. Disputes with DOC If Recipient has any disagreement or dispute with any action ox inaction by DOC, Recipient shall inform DOC by letter addressed to Gloria Nance-Sims, Director, Department of Commerce -Division of Community Assistance, 4313 Mail Service Center, Raleigh, NC 2'7699-4313 The Division of Community Assistance ["DCA"} will endeavor to respond in writing to said letter within 30 days from receipt. Recipient shall not be entitled to a hearing under Chapter 150B for matters described in N C. Gen Stat § 150B(c)(8), added by N..C. Senate Bi11960, including matters related to "contracts, disputes, 13 protests, and/or claims arising out of or relating to the implementation of the [CDBG] " Ihis includes actions arising out of ox related to this Agreement or the Program. 28. Disputes or Complaints by Subrecipients or Other Entities Recipient is responsible for developing, implementing and utilizing its own dispute resolution px•oceduxes with respect to disputes and/or complaints between and among Recipient, a Subxecipient, a contractor and/or any other person or entity (other than DOC) , This includes (but is not limited to) procedures relating to procurement disputes or protests discussed in 24 C.F .R. 85,36 In the event of a dispute between and among Recipient, any Subrecipient, contractor and/or any other persons or entities (not including DOC}, Recipient shall make every effort to resolve the dispute pursuant to its own dispute resolution procedures and shall issue a final decision on the mattex• as soon as is reasonably practicable Recipient's dispute resolution procedure shall provide that, in the event that any party to such a dispute or complaint is dissatisfied with the final decision or other resolution provided by Recipient, the dissatisfied party shall appeal to the North Carolina Superior Court in an appropriate County for a trial de novo, to the extent that jurisdiction is proper pursuant to N..C. Gen.. Star.. § "7A-240 and other applicable law.. 29. Schedules {a} Schedule for• Release of'Conditions and Completion Activities_ The Recipient must satisfy alI Funding Approval Conditions to release CDBG funds within 3 months (Apr•i110, 2011) from the date the Grant Agreement and Funding Approval were signed by the DCA Dir'ector'. the Recipient must draw down all CDBG funds, expend all local non-CDBG funds and complete all project activities in conformance with the activities implementation schedule in the application as modified by the Performance Based Contract. (b) The Recipient must obligate all funds within 12 months (January 10, 2012) from the date the Grant Agreement and Funding Approval are signed by DCA Dir'ector'. (c) All funds ar•e to be expended within 15 months (April 10, 2012} f'r'om the date the Grant Agreement and Funding Approval ar•e signed by DCA Dir'ector'. Any remaining funds will be de-obligated. (d) All closeout documents must be returned to DCA by (July 10, 2012). (e) Schedule for• Submission of Compliance Documents the Recipient must submit the following compliance documents within the specified number of'months from the date the Giant Agreement and the Funding Approval were signed by the DCA Director: • Environmental - 3 months (Apri110, 2011) • Equal Employment and Pr•ocur•ement Plan - 4 months (May 10, 2011) • Section 3 Plan - 4 months (May 10, 2011) • Section 504 Plan - 4 months (May 10, 2011} • Language Access Plan - 4 months (May 10, 2011} • Analysis of Impediments-4 months (May 10, 2011} • Request for• Release of Funds - 5 months (June 10, 2011) (f) Timely Draw down of'Funds. Recipient is expected make timely draw downs so that funds ax•e expended in a timely manner . 9 14 30.. uaxterly Progress Report.. Per Bulletin 09-1, Recipient shall ensure that a quarterly progress report that reflects approved CDBG program activity progress and CDBG financial status is presented to Recipient's elected board and a copy of that x•eport, endorsed by the Chief'Elected Official ox the county/city/town manager will be provided to DOC not later than the tenth {10`i') day of'the month following the ending month of'the reporting period.. 31.. Performance Measures The CPD Performance Measurement System is HUD's response to the standards set by the Government Performance and Results Act (GPRA} of 1993 Ihis act holds all Federal agencies accountable for establishing goals and objectives and measuring achievements.. (a) The recipient must ensure that all activities in the funded projects} meet the appropriate objectives, outcomes, and indicators established by HUD and selected by DOC. CDBG funds cannot be used to pay for• any activity that does not meet the above requirement. (b) the recipient must also assist DOC, when requested, in collecting indicators and any other data necessary to fulfill the requirements of the CPD Performance Measures System, which includes data for the Integrated Disbux sement and Information System (IRIS) 10 15 Upon execution of~this agreement by DOC and the Recipient, the Recipient hereby accepts the assistance on the terms of this grant agreement effective on the date indicated below, and further certifies that the official si~rring this document has been duly authorized by the recipient's ~overnin~ body to execute this Grant Agreement Secretary of the Department of Commerce Date: 1/10/2011 Q By: -- ~~ (~ Gloria Nance-Sims Director Division of~Commrmity Assistance Date: Name of Recipient C~ By: Signahue of Authorized Official (Title) 11 RES-~c~~l-d~~ RESOLUTION Whereas, Orange County has received a FY 2010 Community Development Block Grant (CDBG) Award for the Infrastructure Hook-up Program in the amount of $75,000 from the N.C. Department of Commerce on January 10, 2011; and Whereas, these CDBG funds will be used for water and/or sewer connections for nine (9) homes in the Rogers Road community; and Whereas, the Orange County Board of Commissioners approved the execution of the Grant Agreement, and Funding Approval by the Chair of the Board on February 1, 2011; and Whereas, throughout grant implementation, the N.C. Department of Commerce will require the execution of additional documents as required by the Grant Agreement and Funding Approval approved by the BOCC. NOW, THEREFORE, be it resolved, that the Orange County Board of County Commissioners hereby authorize the Chair of the Board to execute all documents required by the N.C. Department of Commerce -Division of Community Assistance for the implementation of the FY 2010 Community Development Block Grant Award for the Infrastructure Hook-up Program. 16 This, the 1St day of February, 2011.