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HomeMy WebLinkAboutNS - Grant- Community Development Block Grant Award-Infractureture Hook Up ProgramORANGE 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: (YIN) 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 Program Funding Approval 1. Name and Address of Recipient 2. Grant Number and Funding Approval Date County of Orange P O Box 8181 Chant Number: 04-D-2085 Date of Original Funding Approval : 01110/1 i Hillsborough, North Carolina 27218 Date of Amended Funded Approval: 3. Approved Projects Pto'e~ ct Name Amount, _ Approved Amount C-1 : Rogers Road Neighborhood Infrastructure $75,000..00 L-1 : $0.00 L-2 : $0.00 Total Grant Award $75,000.00 4. Funding Approval 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. Environmental Condition: No funds maybe 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 fox 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•actsllnter•-local ags•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 Administraator•: No funds maybe 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 more than one (1} CDBG project. Please note that if issues result from the CDBG administrator, the local government will be subject to 4 NCAC 19L County of Orange 2 04-D-2085 5. Signature of Authorized Official ` - YLtJ1~ '~ oliloni Name Glotia Nance- i s Date Director, Division of Community Assistance Iitle 6. Signature of Authorized Local O#'ftcial Name Date Iitle 4 ~ { 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 Book Up Upon execution of this grant agreement, the North Carolina Department of Commerce (DOC) agrees to provide to the Orange County, (the "Recipient" and collectively with DOC, the "Patties"}, Community Development Block Gzant (CDBG) assistance under Title I ofthe 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 Grant administrative rules, othez applicable laws, zules, regulations, and all other requhements of'DOC now of 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 of supplemented by the agreement, any term defrrred 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 giant agreement, as described above and any amendments or supplements thereto. (b) Recipient means the Orange 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'Pazagraph (e} of'Rule 0407 of'the North Cax•olina Community Development Block Grant Administrative Rules, 4 NCAC 19L. (d} "Assistance" oz "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, requiz~ements and regulations, in the amount of X75,000 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 L described in the Recipient's approved application, as maybe 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 failux•e to execute and. return a copy of the Agreement within b0 days of the date of the DCA Director's signature on the Giant Agreement and Funding Approval may be deemed by DOC to determine the funds are available for reallocation to other subrecipients Obli6ations 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, zules 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 requu•ements of DOC, all applicable requirements of the General Statutes of'the State of'Noxth Carolina specificallyN. C. G.. S 87-1-87-15.9 and any other applicable laws, rules, regulations, requirements, and Executive Orders curx•ently or hereafter 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 well as applicable federal rules and regulations) are pazt 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 ensuz•e compliance with respect to the Program and the Grant (and any of'its proceeds) with all applicable federal and state laws, rules, regulations and x•equixements, including but not limited to the following (as each may be modified ox 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 x•equirements, as xnay be amended, including those set forth in 24 C..F.R , Pazt 5 70; (4) North Cazolirxa laws, rules, x•egulations 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 othex• guidance documents; and (6) Recipient's own approved CDBG application to DOC, as may be amended with DOC approval. 4. Obligations of Recipient with Respect to Certain Thud Party Relationships.. Recipient is responsible to DOC fox ensuring compliance with the provisions of this Agreement and all applicable Iaws, rules, regulations and requirements, even when the recipient designates a third party or patties to undeztake all ox any part of the Program the Recipient shall comply with all lawful zequu~ements of DOC necessazy to ensure that the program is cazzied out in accordance with the Recipient's certifications including but not limited to the certification of assumption of environmen#al responsibilities under Rule _ 1004 of the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L If~the Recipient contracts with ox designates a thud party to undextalce all or part of the Program, the Recipient's contract with the third party must requite the third party to comply with this Agreement, all applicable laws, rules, regulations and requirements, including but not limited 2 7 to the pxncur•ement standards set forth in 4 N.C. Administrative Code 19L ..0908 as may be applicable.. Recipient shall likewise ensure that all subrecipient contracts regarding Grant funds oz relating to the Program include all requu•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 for any improper expenditures, damage, loss oz 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 ox• other third party. the Recipient agrees to periodically and rigorously monitor and audit its subrecipients and other thud parties to ensure compliance with all applicable requirements.. Any subcontracts oz subrecipient agreements entered into by the Recipient with Giant funds shall be subject to all terms and conditions of this Agreement. Payment of'all subcontractors and subrecipients shall be the sole responsibility ofthe Recipient, and DOC shall not be obligated to pay for any wozk performed by any subcontractor or subrecipient. the Recipient shall be responsible for the performance of all subcontr•actoxs and subrecipients and shall not be relieved of any of the duties and responsibilities ofthis Agreement as a result of'entering into subcontracts or subrecipient agreements. 5 . Chan es to Agreement.. Recipient agrees that DOC may supplement or modify this Agreement as may be necessary to implement additional or modified Federal or State guidance regarding implementation of the CDBG program 6. Conflict of'lntex•est.. Recipient agrees to comply with all applicable conflict of interest provisions, 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 fram DOC Except for eligible admixristrative oz personnel costs, the general rule is that no persons described in the following sentence who exercise oz have exercised any functions oz responsibilities with respect to grant activities assisted under this Agreement or who axe in a position to pariacipate in adecision-making process oz 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, oz have an interest in any contract, subcontract ox agreement with respect thereto, o> the proceeds there under, eithez for themselves oz those with whom they have family or business ties, during their tenure or fox one year thezeafter 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, ox of any designated public agencies, or Recipient ox applicable third parties which ar•e x•eceiving CDBG grant funds Recipient agx•ees to include these same pzohibitions in all such contracts or subcontracts with any subrecipients or' athei third parties relating to the Program.. 8 In any event, the Assistance provided under this Agzeement shall not be used in the payment of• any bonus oz commission for the purpose of~ obtaining DOC approval of the application - for such assistance, or DOC approval of applications for additional assistance, or any other approval or concurrence of DOC required under this Agzeement, or the North Carolina Community Development Block Grant Administrative Rules, with respect thereto; provided, howevez, that reasonable fees oz bona fide technical, consultant, managerial ox othex• such services, other than actual solicitation, axe not prohibited ifotherwise eligible as program costs and allowed by applicable Iaw. 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 Expenditures The Recipient will reimburse DOC for 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 for any improperly expended grant funds that had to be returned to DOC. 8. Recordkeeping Requirements Recipient will maintain any and all records and comply with all zesponsibilities as may be required under typical CDBG recordkeeping (for example, records and responsibilities set forth in 4 N.C_A..C. 19L.0911 ("Recor~dkeeping"), 24 C_F.R. 570 490 ("Recordkeeping Requirements"), 24 C..F..R § 570.506 ("Records to be maintained") and 24 C_F R. § 85 42 ("Retention and Access Requirements for Records") as each may be modified by HUD or DOC) as well as records and responsibilities related to CDBG or specifically to CDBG funds_ Recipient agrees to comply with any additional record-keeping requirements now ox hereinafter set forth by DOC, HUD or any other federal oz state entity 9. Access to Records, The Recipient shall provide any duly authorized representative of DOC, the State of North Carolina, the federal Department of Housing and Urban Development (HUD), and the Comptx•oller General, the Inspector General and other authorized parties at all reasonable times access to and the right to inspect, copy, moxritoz, and examine alI of'the books, papers, records, and other documents z•elating to the grant for a period of'five yeazs following the completion of all close-out procedures All 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/or related information from individuals and families that ar•e benefitting from Grant ox 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.. Ihis 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 HUD, without issue or objection by the individual or entity.. 4 9; 11. Proiect Savings. the Recipient is obligated to contribute 100 percent of its pledged cash contribution 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 ofNon-CDBG Funds. the recipient must ensure that nornCDBG funds axe 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 expenditures 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. Arrangements 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. I4 Fair Housing Recipients of CDBG funds ar•e xequu~ed to comply with fair housing and non- discrimination laws and regulations. Recipients should consult Section .1001 of'the CDBG administrative rules fox 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 Faix Housing Choice Study. the Fair Housing PIan 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 fuuther fair housing. Guidance fox developing a Fair Housing Plan can be found in DCA Bulletin 93-4 and the CDBG Implementation Notebook 15 , Equal Employment and Px•ocurement 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'batxiers and impediments that affirmatively further equal access in employment and procurement This includes a description of steps to be taken in the areas of advertisement, compliance and complaint tracking. 16. Local Economic Benefit CSection 3 Regulations 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. This strategy must include (1) identification of'tr~aining and technical assistance resources to prepare low- income residents for employment and procurement opportunities, (2) attempts to reach the numerical targets fox 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 giant funds within the CDBG assisted area about the components and opportunities of'the program_ $200,000 or• move total is an aggregate amount. Recipients are required to track and report annually on Section 3 using the HUD 60002 farm. Recipients must document efforts to reach out to qualified Section 3 Residents and Section 3 Firms. 5 10 In addition, recipients will be required to coordinate additional activities as it relates to Section 3 with the DOC CDBG Compliance OfIrce by sending all bids, contracting information, request fox proposals, request foz qualifications, employment opportunities and or training opportunities that are related to the expendihu•e of CDBG funds to the Compliance Division Ihis information must be submitted while those opportunities aze available and have not expired Recipients aze requix•ed to submit this information electronically to the Compliance Division 17 Section 504 and ADA Recipients must complete the Section 504 Survey In addition, recipients may be zequir•ed to submit a transition plan if~applicable This 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_ Envizozrmental Review. Recipients of CDBG funds are z•equized to complete the document entitled "Environmental Review Pzocedux•es for the CDBG Program." Environmental Review documents must be submitted electronically to the Compliance Division pzior to any hard copies being sent to the Division of Community Assistance. Once the Environmental Review Record (ERR) is received electronically, DCA will review for completeness and submit selected CDBG ERRS if~required to the State Clearinghouse fox other State agencies to review and comment. Recipients cannot conduct any pzogxam activities until DCA issues an envizonmental clearance. Conducting any activities prior to environmental cleazance will result in a choice limited action and all consequences of that violation will be executed 19. Lan~ua~e Access Plan (LAP). Recipients of Federal financial assistance have an obligation to reduce language bazriezs 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_ 2400{d) and its implementing regulations require that Recipients take responsible steps to ensure meaningful access by LEP persons Recipients will be requix•ed to submit a language access plan using the approved template from DCA. the plan will address the LAP policy, translation of'requized vital documents, and requirements for citizen participation. 20 Procurement Standards. Where applicable, Recipient shall follow the procurement standards established in the "Administrative Requix•ements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Iribal Governments" {24 C_F .R., Paxt 85) and HUD implementing regulations contained in 24 C.F.R. & 5 70.4890), which explicitly prohibit cost plus a percentage of~cost and percentage of construction cost methods of contracting. 4 N.C.A.C. 19L 0908 a Any Recipient ox Subxecipient shall follow other applicable px~ocux~ement 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 135), 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 standazds (4 N C.A C 19L.1006). b Recipient shall likewise follow all other applicable federal and state procurement rules, guidelines and procedures, including those set forth in Office of Management and Budget Circular No. A-87 ("Cost Principles for State and Local Governments").. In any event, per 24 C,F R. 570 489(g), all purchase orders and contracts shall include any clauses required by Federal statutes, executive orders and implementing regulations. Additionally, Recipient acknowledges and agrees that, in its conduct under this Agreement and in connection with any and all expenditures of'Gxant funds made by it, Recipient, its officers, agents and employees shall be and are subject to the provisions of the North Carolina General Statutes and the North Cazolina Administrative Code relating to and governing procurement, public contracts, suspension and debarment. Recipient further acknowledges and agrees that, in the event that it grants any of the Grant funds awaz~ded hereunder to one or more subrecipients or other applicable entities, Recipient shall, by contract, ensure that the provisions of all applicable laws relating to and governing procurement, public contracts, suspension and debarment are made applicable to and binding upon any and all subrecipients and/or other applicable entities. 21. Labor Standaz~ds_ Recipient shall follow all applicable laws, rules and regulations concerning the payment of wages, contract work hours, safety, health standards, and equal opportunity fox• CDBG-R pxngrams, 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 X40 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 ceztain construction work assisted with CDBG funds_ b. Contract Work Hours and Safety Standazds Act~40 U.S.C.A. 327 through 333). Under this act, among other provisions, laborers and mechanics employed by contractors and subcontractors on construction work assisted with CDBG funds must receive overtime compensation at a rate not less than one and one-half~the basic rate of pay fox all hours worked in excess of forty hours in any woxkweek_ Violators shall be liable fox the unpaid wages and in addition fox liquidated damages computed in respect to each labox•ex or 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 times their basic wage rate for all hours worked in excess of the prescribed work-week d. Federal anti-kickback laws X18 U.S.C. 874 and 40 U.S.C. 276), which, among othex• things, outlaws and prescribes criminal penalties fox "kickbacks" of wages in federally financed or assisted construction activities. Weekly statements of compliance and weekly payrolls must be provided by all contractors and subcontractors Recipient agrees to maintain records regazding 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 contracts between Recipient and third parties shall contain labor standazds provisions as required in 4 N.C A C.. 19L 100b Recipients must follow the Division of Community Assistance required policy and process fox obtaining the x~equir~ed wage decision At no time should a recipient self certify fox a Davis Bacon Wage decision. Self cextifrcation is in violation of~the Division of'Community Assistance policy. 11 ,' 7 12~ 22_ Ai~chitectur•al Baniers_ Per 4 N C.A.C.19L..1007, 24 C_F R §§ 570.487 and 570 614 and _ otlrer applicable law, all applicable buildings or facilities designed, constructed oz altered with CDBG Grant funds shall be made accessible and useable to the physically handicapped as may be required by applicable laws, rules, regulations or• requirements Additionally, Recipient must comply with the following (as may be applicable to CDBG projects}: a. Architectural Barriers Act of 1968 (P.L 90-480). Ihis act requires Recipient to j ensure that certain buildings constructed or altered with CDBG funds ar•e readily accessible to the physically handicapped,. ii b_ Minimum Guidelines and Requirements for Accessible Design 36 C.F .R. Part 1190. I These regulations establish guidelines foz implementing the federal acts described in S 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 or the Uniform Federal Accessibility Standards d. North Carolina Building Code, Volume I, Chapter 11-X Ihese provisions 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 acquu~ed with CDBG funds from that for which the acquisition or improvement was made, in accordance with this Agreement and applicable law, rule, regulation or zequir~ement, unless (i) the DOC grants explicit written approval and (ii) the r•equiz•ements 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 ensure that all vacant units being rehabilitated will be occupied by a low or~ moderate income person by the time close-out occurs. 25. Utility Assessments or Fees: Assessments or fees to recover the CDBG funded portion of a utility project may be charged to properties not owned and occupied by Tow and moderate income persons, Such assessments arse program income and, as such, must be used for eligible CDBG activities that meet a CDBG national objective. 26. False or Misleading~Infozrnation Recipient is advised that providing false, fictitious oz misleading information with respect to CDBG funds may result in criminal, civil, oz administrative prosecution under 18 U S C § 1001, 18 U.S_C_ § 1343, 31 U.S C § 3729, 31 U..S.C. § 3801, or anothex• applicable statute. Recipient shall promptly refer to DOC and HUD's Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, oz other person has submitted a false claim under the False Claims Act oz has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, oz similar misconduct involving CDBG funds. 27. Disputes with DOC If'Recipient has any disagreement or dispute with any action or 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 1 SOB for matters described in N C. Gen Stat § 150B(c)(8), added by N..C. Senate Bill 960, including matters related to "contracts, disputes, 13 protests, and/or claims arising out of•or relating to the implementation of the [CDBG] " This includes actions arising out of oz related to this Agreement or the Program. 28. Disputes or Complaints b~Subrecipients oz Other Entities Recipient is responsible fox developing, implementing and utilizing its own dispute resolution procedures with respect to disputes and/or complaints between and among Recipient, a Subx•ecipient, a contractor and/or any other person oz entity (other than DOC). This includes (but is not limited to} procedures relating to px•ocurement disputes ox protests discussed in 24 C .F .R 85.36 In the event of a dispute between and among Recipient, any Subxecipient, contractor and/or any other persons ox~ 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 px•ovide that, in the event that any party to such a dispute or complaint is dissatisfied with the fmal decision or other resolution provided by Recipient, the dissatisfied party shall appeal to the North Carolina Superior Court in an appropriate County fox a trial de novo, to the extent that jurisdiction is proper pursuant to N..C. Gen.. Stat_ § ~7A-240 and other applicable law.• 29. Schedules (a) Schedule for Release of~Conditions and Completion Activities. The Recipient must satisfy alI Funding Agpr•oval Conditions to release CDBG funds within 3 months (Apri110, 2011) from the date the Grant Agreement and Funding Approval were signed by the DCA Director. the Recipient must draw down all CDBG funds, expend alI 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 (Apri110, 2012) fk•om the date the Grant Agreement and Funding Approval are signed by DCA Director, 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 ti•om the date the Grant Agreement and the Funding Approval were signed by the DCA Director: • Environmental - 3 months (Apri110, 2011} • Equal Employment and Pr•ocur~ernent Plan - 4 months (May 10, 2011) • Section 3 Plan - 4 months (May 10, 2011) • Sectian 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 I0, 201I) (f) Timely Draw down of~Funds. Recipient is expected make timely draw downs so that funds ar•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 px•esented to Recipient's elected board and a copy of~that x•epoxt, endorsed by the Chief'Elected Off'xcial ox the county/city/town manager will be provided to DOC not later than the tenth {l0~') day of'the month following the ending month of'the reporting pexiod_ 31_ Performance Measures The CPD Performance Measurement System is HUD's response to the standax•ds set by the Government Performance and Results Act (GPRA} of 1993 This act holds all F ederal agencies accountable for• establishing goals and objectives and measuring achievements.. (a) The recipient must ensure that all activities in the funded project{s} 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 Integx ated Disbursement and Information System {TOTS) 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 signing this document has been duly authorized by the recipient's ~overning_ body to execute this Giant Agreement Secretary of•the Department of Commerce Date: 1/10/2011 Q By: ~ ~-~.. ` G~ io~Nance-Sims Du ector Division of• Community Assistance Date: Name of Recipient C~i By: Signature of Authorized Official (Title) 11 ~E~-~C~1~- d0~ 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.