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HomeMy WebLinkAboutAgenda - 04-19-2011 - 5kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 19, 2011 Action Agenda Item No. rj - 1G SUBJECT: Community Development Block Grant Awards -Economic Recovery Grant and Scattered Site Housing Rehabilitation Grant DEPARTMENT: Housing, Human Rights, and PUBLIC HEARING: (Y/N) No Community Development ATTACHMENT(S): Grant Agreements with Funding Approval Forms Resolutions INFORMATION CONTACT: Tara L. Fikes, 245-2490 PURPOSE: To approve the execution of the Grant Agreements; Funding Approval Forms; and Resolutions for the FY 2010 Community Development Block Grant Economic Recovery program and the FY2010 Community Development Block Grant Award for the Scattered Site Housing Rehabilitation Program. BACKGROUND: Orange County has been officially awarded a $500,000 Economic Recovery Community Development Block (CDBG) Grant and a $400,000 CDBG Grant for a Scattered Site Housing Rehabilitation Program (SSHR) from the N.C. Department of Commerce. Funds from the Economic Recovery Grant will provide funding for the rehabilitation of nine dwelling units, the clearance/relocation of one severely dilapidated unit and some funds for Urgent Repair activities for an estimated 20 dwelling units. Funds from the Scatted Site Housing Rehabilitation Program will provide funding for the rehabilitation program to repair approximately 10 deteriorated dwelling units. All grant activities will be undertaken in unincorporated Orange County and the Towns of Carrboro and Hillsborough. In order to proceed with grant activities, the attached Grant Agreements and Funding Approval Forms 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 both FY 2010 CDBG Awards in accordance with the Grant Agreements and Funding Approval for these grant awards. FINANCIAL IMPACT: These two grants provide $900,000 for the rehabilitation of up to 39 low and moderate income families living in deteriorated housing. 2 RECOMMENDATION(S): The Manager recommends that the Board approve the execution of the Grant Agreements for the FY 2010 Community Development Block Grant Economic Recovery Grant and the FY2010 Community Development Block Grant Award for the Scattered Site Housing Rehabilitation Program and the associated Funding Approval Forms; and approve the Resolutions for each program giving signatory authority to the Chair of the Board of County Commissioners. 3 North Carolina Department of Commerce Community Investment and Assistance ' Community Development Black Grant Program Grant Agreement North Carolina Economic Recovery (ER) Upon execution of this grant agreement, the North Carolina Department of Commerce (DOC) agrees to provide to Orange County, (the "Recipient" and collectively with DOC, the "Parties"), 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 Grant administrative rules, other applicable laws, rules, regulations, and all 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: 1. Definitions. Except to the extent modified or supplemented by the agreement, any term defined 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 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 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 $ 500,000 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 described in the Recipient's approved application, as may be modified. 4 (f) The date for receiving the grant means the date of the CI 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 CI Director's signature on the Grant Agreement and Funding Approval may be deemed by DOC to determine the funds are available for reallocation to other subrecipients. 3. 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 requirements of DOC, all applicable requirements of the General Statutes of the State of North Carolina specifically N. C. G. S. 87-1-87-15.9 and any other applicable laws, rules, regulations, requirements, and Executive Orders currently 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 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 maybe 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 may be amended, including those set forth in 24 C.F.R., Part 570; (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 may be 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 requirements, even when the recipient designates a third party or parties 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 or designates a third party to undertake all or part of the Progranl, the Recipient's contract with the third party must require the third party to comply with this Agreement, all applicable laws, rules, regulations and requirements, including but not limited to the procurement standards set forth in 4 N.C. Administrative Code 19L .0908 as may be applicable. 2 5 Recipient shall likewise ensure that all subrecipient contracts regarding Grant funds or relating to the Program include all required 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 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 rigorously monitor and audit its subrecipients 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 of all subcontractors and subrecipients shall be the sole responsibility 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 subrecipients 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. 5. Changes 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 Interest. 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. § 14-234, 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 are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aGrant-assisted.activity, or have an interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. The conflict of interest summary in the sentence above generally applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the state, or of a unit of general local government, or of any designated public agencies, or Recipient or applicable third parties which are 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. 6 In any event, the Assistance provided under this Agreement shall not be used in the payment of any bonus or 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 Agreement, or the North Carolina Community Development Block Grant Administrative Rules, with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such , services, other than actual solicitation, are 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. § 570.489(h)(ii)(4). 7. Reimbursement to DOC for 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 responsibilities asmay berequired 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 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 or hereinafter set forth by DOC, HUD or any other federal or 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 (HCTD), and the Comptroller 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 years 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 Identi ink Information. To ensure and document compliance with CDBG income requirements as well as other matters, Recipient shall obtain and retain personal, income-related, financial, tax arnd/or related information from individuals and families that are benefitting from 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. This 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 4 7 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. 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 of Non-CDBG Funds. The recipient must ensure that non-CDBG funds are 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. 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. 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 further fair housing. Guidance for developing a Fair Housing Plan can be found in CI Bulletin 93-4 and the CDBG Implementation Notebook. 15. Equal Employment and Procurement Opporhuuty. A Recipient must describe the actions it will take annually while the grant is open in the areas of enforcement, education and removal of barriers 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 Section 3 Re ation). 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 training and technical assistance resources to prepare low- income residents for employment and procurement opportunities, (2) attempts to reach the numerical targets for new hires set forth in the Section 3 regulation, which applies to Recipients receiving $200,000 or more innon-administrative line items expended for construction contracts and (3) education oflow-income residents within the CDBG assisted area about the components and opportunities of the program. In addition, Recipients will be required to coordinate additional activities as it relates to Section 3 with the DOC CDBG Compliance Office. 5 8 17. Section 504 and ADA. Recipients must complete the Section 504 Survey and Transition Plan. 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. Environmental Review. Recipients of CDBG funds are required to complete the document entitled "Environmental Review Procedures for the CDBG Program." Once the Environmental Review Record (ERR) is received, CI will review for completeness and submit selected CDBG ERRs if required to the State Clearinghouse for other State agencies to review and comment. Recipients cannot conduct any program activities until CI issues an environmental clearance. 19. Language Access Pian (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. Z000(d) and its implementing regulations require 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 CI. The plan will address the LAP policy, translation of required 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 Tribal Governments" (24 C.F.R., Part 85) and HUD implementing regulations contained in 24 C.F.R. § 570.489(8), 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 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 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 standards (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(8), 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 Grant 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 Carolina 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 awarded 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 6 9 procurement, public contracts, suspension and debarment are made applicable to and binding upon any and all subrecipients and/or other applicable entities. 21. Labor Standards. Recipient shall follow all applicable laws, rules and regulations concerning the payment of wages, contract work hours, 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 maybe applicable to CDBG-R projects): a. Davis-Bacon Act (40 U.S.C.A. 276aZ 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 (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 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 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 (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 fmanced or assisted construction activities. Weekly statements of compliance and weekly payrolls must be provided by alI contractors and subcontractors. 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 contracts between Recipient and third parties shall contain Labor standards provisions as required in 4 N.C.A.C. 19L.1006. 22. Architectural Barriers. Per 4 N.C.A.C.19L.1007, 24 C.F.R. §§ 570.487 and 570.614 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 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). This 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 or the Uniform Federal Accessibility Standards. 7 10 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. These 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 acquired with CDBG~funds from that for which the acquisition or improvement was made, in accordance 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 § 570.505 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 maybe charged to properties not owned and occupied by Iow and moderate income persons. Such assessments are program income and, as such, must be used for eligible CDBG activities that meet a CDBG national objective. 26. False or 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, 31 U.S.C. § 3729, 31 U.S.C. § 3801, or another applicable statute. Recipient shall promptly refer to DOC and HiJD's Office of the Inspector General 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 of laws 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 or inaction by DOC, Recipient shall inform DOC by letter addressed to Vickie L. Miller, Director, Department of Commerce -Division of Community Investment and Assistance, 4313 Mail Service Center; Raleigh, NC 27699-4313. The Division of Community Investment and Assistance ["CP'] 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 Bill 960, including matters related to "contracts, disputes, protests, and/or claims arising out of or relating to the implementation of the [CDBG]." This includes actions arising out of or 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 procedures with respect to disputes and/or complaints between and among Recipient, a Subrecipient, 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 11 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. Stat. § 7A-240 and other applicable law. 29. Schedules (a) Schedule for Release of Conditions and Completion Activities. The Recipient must satisfy all Funding Approval Conditions to release CDBG funds within 3 months {June 14, 2011) from the date the Grant Agreement and Funding Approval were signed by the CI Director. The recipient must draw down all CDBG funds, expend all Iocal 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 27 months (June 14, 2013) from the date the Grant Agreement and Funding Approval are signed by CI Director. (c) AlI funds are to be expended within 30 months (September 14, 2013) from the date the Grant Agreement and Funding Approval are signed by CI Director. Any remaining funds will be de- obligated. (d) All closeout documents must be returned to CI by (December 14, 2013). (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 Grant Agreement and the Funding Approval were signed by the CI Director: • Environmental - 3 months (June 14, 2011) • Equal Employment'and Procurement Plan - 4 months (July 14, 2011) _ Fair Housing - 4 months (July 14, 2411) • Section 3 Plan - 4 months (July 14, 2011) • Section 504 Plan - 4 months (July14, 2011) • Language Access Plan - 4 months (July14, 2011) • Analysis of Impediments- 4 months (July 14, 2011) • Request for Release of Funds - 5 months (August 14, 2011) (f) Timely Draw down of Funds. Recipient is expected make timely draw downs so that funds are expended in a timely manner. 30. Quarterly Pro reg ss 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 report, endorsed by the Chief Elected Official or the county/city/town manager will be provided to DOC not later than the tenth (10~') 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. This act holds all Federal agencies accountable for establishing goals and objectives and measuring achievements. 9 12 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. This 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 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 Integrated Disbursement and Information System (IDIS). Upon execution of this agreement by DOC and the Recipient, the Recipient hereby accepts the assistance on the terms of this rg ant agreement effective on the date indicated below, and further certifies that the official sig 'n~ this document has been duly authorized by the recipient's ~overnin~ body to execute this Grant Agreement. Secretary of the Department of Commerce Date: 3/14/2011 Q By: .t~-~iX-~ Vickie L. Miller Director Community Investment and Assistance Date: Name of Recipient Q By: Signature of Authorized Official (Title) 10 13 North Carolina Department of Commerce Community Investment & Assistance Funding Approval 1. Name and Address of Recipient County of Orange P.O. Box 8181 Hillsborough, North Carolina 27278 3. Approved Projects Z. Grant Number and Funding Approval Date Grant Number: 10-C-2155 Date of Original Funding Approval ; 03/14/11 Date of Amended Funded Approval; Project Name Amount C-1 : Scattered Site Rehabilitation and Urgent Repair Program L-1 L-2 . Total Grant Award Approved Amount $500,000.00 $0.00 $0.00 $500,000.00 4. Funding Approval Conditions The following conditions must be removed in writing by Community Investment & Assistance (CI) 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 maybe obligated or expended in any project activity except for the administration activity until CI is provided with the following documentation of compliance with citizen participation requirements in the application process [4NCA 19L.1002(b)]: publisher's affidavit of notice for and minutes signed by the town (or the county as applicable) clerk of the one required public hearing. C. Administration Contracts/Inter-local agreements Condition: No funds maybe 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. D. Performance Based Contract Condition: No funds maybe obligated or expended in any project activity except for the administration activity until the recipient has returned to CI two originals of the properly completed Performance Based Contract signed by the CEO. E. Quarterly Reportine Condition No funds maybe obligated or expended for any project activity, except for the administration activity, until the grantee has submitted a statement signed by the CEO agreeing to report progress to CI on a quarterly basis in a manner defined by CI. County of Orange 1 10-C-2155 14 4. Funding Approval Conditions, Continued F. Corrected Budget Condition No funds may be obligated or expemded in any project activity except the administrative activity until the recepient submits a signed certification acknowledging the attached corrected budget. County of Orange 2 10-C-2155 15 5. Signature of Authorized Official Name Vickie Miller Director, Community Investment &Assistance Title Date 6. Signature of Authorized Local Official Name Title Date County of Orange 3 10-C-2155 16 Grant Budget Information For Grant 10-C-2155 03/15/11 Grant Number. 10-C-2155 Amount Awarded $500,000.00 Grantee: Orange County ChangeslDeobligation $0.00 CDBG Budget No. DCA2010 C1 Amount 230 $500,000.00 HUD Grant No. B-10-DC-37-0001 C2 Amount $0.00 Type Grant ER E1 Amount $0.00 HUD Year 2010 L1 Amount $0.00 Type Budget DCA L2 Amount $0.00 Description Division of Community Assistance L3 Amount $0.00 Rep: SM Grant Amount $500,000.00 I Project Information HUD Activity No. Activity Budgeted Expended Balance Project C1 CPS 22726 Rehabilitation, Private 475,000.00 0.00 475,000.00 Other Activities 0.00 0.00 0.00 22725 Administration 25,000.00 0.00 25,000.00 Total Project C1 $500,000.00 $0.00 $500,000.00 Total All Projects $500,000.00 $0.00 $500,000.00 'rptGrantBudgetlnfo 03/15/11 Page 1 of 1 17 North Carolina Department of Commerce Community Investment and Assistance ' Community Development Block Grant Program Grant Agreement Scattered Site Housing (SSH) Upon execution of this grant agreement, the North Carolina Department of Commerce (DOC) agrees to provide to Orange County , (the "Recipient" and collectively with DOC, the "Parties"), 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 Grant administrative rules, other applicable laws, rules, regulations, and all 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: 1. Definitions. Except to the extent modified or supplemented by the agreement, any term defined 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 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 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 $ 400,000 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 described in the Recipient's approved application, as may be modified. 18 (f} The date for receiving the grant means the date of the CI 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 CI Director's signature on the Grant Agreement and Funding Approval may be deemed by DOC to determine the funds are available for reallocation to other 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 requirements of DOC, all applicable requirements of the General Statutes of the State of North Carolina specifically N. C. G. S. 87-1-87-15.9 and any other applicable laws, rules, regulations, requirements, and Executive Orders currently 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 fedexal 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 maybe 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 may be amended, including those set forth in 24 C.F.R., Part 570; (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 may be amended with DOC approval. 4. Obligations of Recipient with Respect to Certain Third Party Relationsh~s. Recipient is responsible to DOC for ensuring compliance with the provisions of this Agreement and all applicable laws, rules, regulations and requirements, even when the recipient designates a third party or parties 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 or designates a third party to undertake all or part of the Program, the Recipient's contract with the third party must require the third party to comply with this Agreement, all applicable-laws, rules, regulations and requirements, including but not limited to the procurement standards set forth in 4 N.C. Administrative Code 19L .0908 as may be applicable. 2 19 Recipient shall likewise ensure that all subrecipient contracts regarding Grant funds or relating to the Program include all required 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 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 rigorously monitor and audit its subrecipients 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 of all subcontractors and subrecipients shall be the sole responsibility 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 subrecipients 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. Chan eg s to Agreement. Recipient agrees that DOC may supplement or modify this Agreement as maybe necessary to implement additional or modified Federal or State guidance regarding implementation of the CDBG program. 6. Conflict of Interest. 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. § 14-234, 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 are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aGrant-assisted activity, or have an interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. The conflict of interest summary in the sentence above generally applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the state, or of a unit of general local government, or of any designated public agencies, or Recipient or applicable third parties which are 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. 20 In any event, the Assistance provided under this Agreement shall not be used in the payment of any bonus or 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 Agreement, or the North Carolina Community Development Block Grant Administrative Rules, with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are 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 § 570.489(h)(ii}(4). 7. Reimbursement to DOC for 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 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 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 maybe 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 or hereinafter set forth by DOC, HUD or any other federal or 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 Comptroller 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 years 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 Identi ink Information. To 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 are benefitting from 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. This 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 4 21 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. 11. Project 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 of Non-CDBG Funds. The recipient must ensure that non-CDBG funds are expended along with CDBG fiords, 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 Pa. ment. 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 fiznds 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. 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. 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 further fair housing. Guidance for developing a Fair Housing Plan can be found in CI Bulletin 93-4 and the' CDBG Implementation Notebook. 15. Equal 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 bamers 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 (Section 3 Regulation). 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 training and technical assistance resources to prepare low- income residents for employment and procurement opportunities, (2) attempts to reach the numerical targets for new hires set forth in the Section 3 regulation, which applies to Recipients receiving $200,000 or more in non-administrative line items expended for construction contracts and (3) education oflow-income residents within the CDBG assisted area about the components and opportunities of the program. In addition, Recipients will be required to coordinate additional activities as it relates to Section 3 with the DOC CDBG Compliance Office. 22 17. Section 504 and ADA. Recipients must complete the Section 504 Survey and Transition Plan. 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. Environmental Review. Recipients of CDBG funds are required to complete the document entitled "Environmental Review Procedures for the CDBG Program." Once the Environmental Review Record (ERR) is received, CI will review for completeness and submit selected CDBG ERRs if required to the State Clearinghouse for other State agencies to review and comment. Recipients cannot conduct any program activities until CI issues an environmental clearance. 19. LanQUage 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 require 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 CI. The plan will address the LAP policy, translation of required 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 Tribal Governments" (24 C.F.R., Part 85) and HUD implementing regulations contained in 24 C.F.R. § 570.489(8), 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 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 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 standards (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(8), 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 Grant 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 Carolina 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 awarded 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 6 23 procurement, public contracts, suspension and debarment are made applicable to and binding upon any and all subrecipients and/or other applicable entities. 21. Labor Standards. Recipient shall follow all applicable laws, rules and regulations concerning the payment of wages, contract work hours, 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. 276a), 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 (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 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 or mechanic employed in violation of the act. c. Fair Labor Standards Act (29 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 (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 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 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 contracts between Recipient and third parties shall contain Labor standards provisions as required in 4 N.C.A.C. 19L.1006. 22. Architectural Barriers. Per 4 N.C.A.C.19L.1007, 24 C.F.R. §§ 570.487 and 570.614 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 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). This 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 or the Uniform Federal Accessibility Standards. 7 24 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. These 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 acquired with CDBG funds from that for which the acquisition or improvement was made, in accordance 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 § 570.505 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. low and moderate income persons. Such assessments are program income and, as such, must be used for eligible CDBG activities that meet a CDBG national objective. 26. False or 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, 31 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 General 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 of laws 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 or inaction by DOC, Recipient shall inform DOC by letter addressed to Vickie L. Miller, Director, Department of Commerce -Division of Community Investment acid Assistance, 4313 Mail Service Center, Raleigh, NC 27699-4313. The Division of Community Investment and Assistance ["CI"] 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. Star. § 150B(c)(8), added by N.C. Senate Bi11960, including matters related to "contracts, disputes, protests, and/or claims arising out of or relating to the implementation of the [CDBG]." This includes actions arising out of or related to this Agreement or the Program. 28. Disputes or Complaints by Subrecipients or Other Entities. Recipient is responsible for - - - -- -develo iI1 iui"lemcritin cu'id it%iliZirt"` i`uS uv~1 diS ute reSOiiitlon roCedureJ W1Lh reJ -ect t0 - - -- p' g~ ~ g " ~ " p p Y disputes and/or complaints between and among Recipient, a Subrecipient, 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 25 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. Stat. § 7A-240 and other applicable law. 29. Schedules (a) Schedule for Release of Conditions and Comyletion Activities. The Recipient must satisfy all Funding Approval Conditions to release CDBG funds within 3 months (June I4, 2011) from the date the Grant Agreement and Funding Approval were signed by the CI Director. The recipient must draw down alI 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 27 months (June 14, 2013) from the date the Grant Agreement and Funding Approval are signed by CI Director. (c) All funds are to be expended within 30 months (September 14, 2013) from the date the Grant Agreement and Funding Approval are signed by CI Director. Any remaining funds will be de- obligated. (d) All closeout documents must be returned to CI by (December 14, 2013). (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 Grant Agreement and the Funding Approval were signed by the CI Director: • Environmental - 3 months (June 14, 2011) • Equal Employment'and Procurement PIan - 4 months (July 14, 2011) __. Fair Housing - 4 months (July 14, 2011) • Section 3 Plan - 4 months (July 14, 2011) • Section 504 Plan - 4 months (July14, 2011) • Language Access Plan - 4 months (July14, 2011) • Analysis of Impediments- 4 months (July 14, 2011) • Request for Release of Funds - 5 months (August 14, 2011) (f) Timely Draw down of Funds. Recipient is expected make timely draw downs so that funds are expended in a timely manner. 30. Ouarterly 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 report, endorsed liy the Chief EIected Official or the county/city/town manager will be provided to DOC not later than the tenth (l0a') day of the month following the ending month of the reporting period. 3 1. 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. This act holds all Federal agencies accountable for establishing goals and objectives and measuring achievements. 9 26 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. This act holds all Federal agencies accountable for establishing goals and objectives and measuring achievements. (a) The recipient must ensure that alI activities in the fiinded 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 Integrated Disbursement and Information System (IDIS). Upon execution of this agreement by DOC and the Recipient, the Recipient hereby acce tp s the assistance on the terms of this rant agreement effective on the date indicated below, and further certifies that the official signing this document has been duly authorized by the reci ip ent's governing, bodv to execute this Grant Agreement. Secretary of the Department of Commerce Date: 3/14/2011 L( By: Vickie L. Miller Director Community Investment and Assistance Date: Name of Recipient C~! By: Signature of Authorized Official (Title) 10 27 North Carolina Department of Commerce Community Investment & Assistance Funding Approval 1. Name and Address of Recipient 2. Grant Number and Funding Approval Date .County of Orange P.O. Box 8181 Hillsborough, North Carolina 27278 3. Approved Projects Pro' ect Name Amount C-1 : Scattered Site Rehabilitation L-1 L-2 Total Grant Award Grant Number: 10-C-2125 Date of Original. Funding Approval : 03/14/11 Date of Amended Funded Approval: Approved Amount $400,000.00 $0.00 $0.00 $400,000.00 4. Funding Approval Conditions The following conditions must be removed in writing by Community Investment & Assistance (CI) in order for all funds to be released for the approved projects listed in item (3), above: A. Environmental 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 CI 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. Administration Contracts/Inter-local agreements 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. D. Closeout Condition No funds may be obligated or expended in any activity until closeout documentation for grant 07- C-1668 (SS) has been received by CI. 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 CI one copy of the properly completed Performance Based Contract signed by the CEO. County of Orange 1 10-C-2125 28 4. Funding Approval Conditions, Continued F. Use of Experienced CDBG Administrator• 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. This 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 10-C-2125 29 5. Signature of Authorized Official Name Vickie Miller Date Director, Community Investment &Assistance Title 6. Signature of Authorized Local Official Name _ " __ -- ~-Date -- Title County of Orange 3 10-C-2125 30 ~Es-ao~l- c~9-( RESOLUTION Whereas, Orange County has received a FY 2010 Community Development Block Grant (CDBG) Award for the Scattered Site Housing Rehabilitation Program in the amount of $400,000 from the N.C: Department of Commerce on March 14, 2011; and Whereas, these CDBG funds will be used for housing rehabilitation of ten (10) deteriorated dwelling units occupied by low and moderate income families in unincorporated Orange County and the Towns of Carrboro and Hillsborough; 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 April 20, 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 Scattered Site Housing Rehabilitation Program. This, the 19th day of April, 2011. 31 ~~.s-aocl- ~~-a RESOLUTION Whereas, Orange County has received a FY 2010 Community Development Block Grant (CDBG) Award for the Economic Recovery Program in the amount of $500,000 from the N.C. Department of Commerce on March 14, 2011; and Whereas, these CDBG funds will be used for housing rehabilitation, clearance/relocation, and urgent repair activities for up to 29 dwelling units occupied by low and moderate income families in unincorporated Orange County and the Towns of Carrboro and Hillsborough; 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 April 20, 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 Economic Recovery Program. This, the 19th day of April, 2011.