HomeMy WebLinkAbout2011-103 Housing - NC Dept OF Commerce for Community Development Block Grant $500,000~ /~
North Carolina Department of Commerce
Community Investment and Assistance
' Community Development Block 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.
(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 ofthe 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
maybe amended with DOC approval.
4. Obligations of Recipient with Respect to Certain Third Party Relationships. Recipient is
responsible to DOC for ensuring compliance with the provisions of this Agreement and all
applicable laws, rules, regulations and 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 parry 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.
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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. Chan eg s 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 maybe 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.
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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 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 (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 Identifying 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
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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 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 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 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 in non-administrative line items expended for
construction contracts and (3) education of low-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.
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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 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(g.Z 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(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 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
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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 (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 Bamers 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.
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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 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 Com In aints 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
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 parry 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
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 Plan - 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. Quarterl Pro egr 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.
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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 protect(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 r~ ant agreement effective on the date indicated below, and further
certifies that the official signing this document has been duly authorized by the recipient's governing
body to execute this Grant Agreement.
Secretary of the Department of Commerce
Date: 3/14/2011 Q By: .~c-c~R
Vickie L. Miller
Director
Community Investment and Assistance
Date: ~
e of Re Tent
C~ B Yom`."``-` ~~ ,' ~ ~~C.~..,~-
y
Signature of Authorized Official
~ `• ~cL
(Title)
10
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
2. 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
4. Funding Approval Conditions
Approved Amount
$500,000.00
$0.00
$0.00
$500,000.00
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 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 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. 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 two originals of the properly completed Performance
Based Contract signed by the CEO.
E. Quarterly Reportins Condition
No funds may be 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
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
5. Signature of Authorized Official
Name Vickie Miller
Director, Community Investment &Assistance
Title
6. Signature of Authorized Local Official
1
Date
r~~-~~~ v ~~~. ~~
Name Date
L/
Title
County of Orange 3 10-C-2155
~~~ Grant Budget Information
For Grant 10-C-2155
03/15/11
Grant Number: ~ - 10-C-2155 Amount Awarded $500,000.00
Grantee: Orange County Changes/Deobligation $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
Project Information
HUD Activity No. Activity Budgeted Facpended 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
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