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HomeMy WebLinkAboutAgenda - 01-24-2012 - 7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 24, 2012 Action Agenda Item No. ~] - Q SUBJECT: Orange Co. CDBG Program - FY 2010 Scattered Site Housing Rehabilitation Program Amendment DEPARTMENT: Housing, Human Rights, and PUBLIC HEARING: (Y/N) Yes Community Development ATTACHMENT(S): INFORMATION CONTACT: Resolution Tara L. Fikes, 919-245-2490 Program Description Legally Binding Commitment PURPOSE: To receive public comments regarding a proposed amendment to the County's FY 2010 Housing Rehabilitation Community Development Block Grant (CDBG) for the Scattered Site Housing Rehabilitation Program; approve a resolution authorizing submission of the formal contract document to North Carolina Department of Commerce; and approve the execution of an agreement with the North Carolina Sustainability Center. BACKGROUND: Orange County was officially awarded a $400,000 CDBG Grant for a Scattered Site Housing Rehabilitation Program (SSHR) from the N.C. Department of Commerce in April 2011. Funds from the Scattered Site Housing Rehabilitation Program provide funding for the rehabilitation program to repair approximately 10 deteriorated dwelling units. In October 2011, the County was invited to participate in Phase 2 of the State's Community Capacity Building Program as a lead county in the expansion of this program. This program was created to provide small towns and counties the resources and tools they need to access community development resources. For Phase 2 of the program, four (4) counties (Buncombe, Edgecombe, Orange and Yadkin) have been chosen to receive community development funding that will further their capacity through education, technology and services to fully utilize community development funds to meet their local needs. Specifically, Orange County will receive an additional $600,000 in CDBG funding that will be used to further the capacity of the County in the areas of education, technology, and services. The State has entered into a partnership with the North Carolina Sustainability Center (NCSC) to assess and plan for providing resources to each county based on identified needs in the area of housing, infrastructure and job creation. More program information is provided in the attached description. In order to receive this funding, the County must conduct a public hearing to receive public comments prior to submission of the amendment to the N. C. Department of Commerce. All comments received will be included in the amendment documentation. Additionally, the County must enter into a legally binding commitment in the form attached with the NC Sustainability Center. 2 FINANCIAL IMPACT: These funds represent an additional $600,000 available for planning community development initiatives in the County. RECOMMENDATION(S): The Manager recommends that the Board: 1) Receive public comments as additional information; 2) Approve the resolution authorizing submission of the formal amendment document and authorizing the Chair to sign the amendment documents of behalf of the Board; and 3) Approve the execution of a legally binding commitment with the NC Sustainability Center by the Chair of the Board upon the approval of the County Attorney's office. 3 ~~S- ~~Co~- O~r7 RESOLUTION AUTHORIZING A PROGRAM AMENDMENT TO THE ORANGE COUNTY FY 2010 SCATTERED SITE HOUSING REHABILITATION COMMUNITY DEVELOPMENT BLOCK GRANT Whereas, Orange County 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, the N.C. Department of Commerce -Division of Community Investment has invited the County to participate in Phase 2 of the Community CDBG Capacity Building Program; and Whereas, the Capacity Building Program is designed to encourage cities and counties throughout the State to participate in the Community Development Block Grant Program by building their capacity in partnership with the NC Sustainability Center; and Whereas, a total of $600,000 will be granted to the County to support this Program; and Whereas, in order to participate, the County is required to amend its current grant to include the Capacity Building Program; NOW, THEREFORE, be it resolved, that the Orange County Board of County Commissioners hereby authorize the submission of a Program Amendment to the N.C. Department of Commerce to include participation in the Community CDBG Capacity Building Program and authorize the Chair of the Board to execute all documents required by the N.C. Department of Commerce - Division of Community Investment for the amendment. This, the 24th day of January, 2012. 4 North Carolina Department of Commerce Community CDBG Capacity Building Program Phase 2 Project Description !n 2009, the Small Towns Action Council released a set of 17 recommendations following afour-year study based on interviews and focus groups with small town leaders and residents, state planners and government leaders, educational leaders and nonprofit institutions. The Small Towns Action Agenda identified declining Community Capacity as one of the state's mast critical problems and concluded that "in the long term, the state and its partners must provide small towns with the resources and tools they need to manage their government, improve their infrastructure and achieve financial stability." In 2009, as a response, the Community Investment Division of the. NC Department of Commerce's Community Development Division launched Phase 1 of 3 of a state-wide Community Capacity Building Program. In partnership with East Carolina University, this program has allowed low-resource communities in Eastern North Carolina to have access to world-class community development resources. Phase 2 of the Community Capacity Building Program will expand to four counties representing each region of the state {East, West, Central, Piedmont) and take the lessons from Phase 1 to offer. more resources to more communities, particularly those impacting infrastructure, housing and job creation. In partnership with the North Carolina Sustainability Center, a statewide nonprofit, Phase 2 will work with communities throughout the four lead counties. Those counties will serve as the regional gateway during Phase 3 when the Community Capacity Building Program goes statewide. The North Carolina Department of Commerce Community Development Block Grant (CDBG) Community Capacity Building Program, administered by Community Investment and Assistance will aim to make every community across the state, regardless of size, more competitive, more successful and ready for prosperous growth. To that end, the program is committed to building capacity through three primary areas of focus: Education, Technology and Services. NCSC which is committed to advancing an economically vibrant, socially equitable, and environmentally prosperous future for North Carolina, has partnered with the Department of Commerce's Community Development Division to deliver a substantial level of products and guidance to pilot counties as part of the Phase 2 CDBG Capacity Building Program. This program will be implemented as an amendment to a currently open CDBG grant and will adhere to all federally mandated compliance requirements. Eligible activities may include but will not be limited to the following: r Grant Writing and Technical Assistance Community Survey Research and Design - Entrepreneurial and Small Business Technical Assistance r Feasibility Study Assistance and Preparation - Economic Impact Analyses D Business Plan Development `r Community Design Assistance NC DOC CDBG Capacity Buiiding Program Phase 2 5 MODEL LBC (Legally Binding Commitment) For Non-Profits This AGREEMENT, made and entered into this. day of . 20 by and among the North Carolina Sustainability Center, a North Carolina Non-Profit, hereinafter referred to as ("NCSC") and the County of , a body politic and corporate of the State of North Carolina, hereinafter referred to as ("County"). This Agreement shall not become effective until all conditions placed upon dne County's funding approval are satisfied, and funds are released by the North Carolina Department of Commerce, Community Investment and Assistance, hereinafter referred to as ("CI"). WHEREAS, County has applied far and received a North Carolina Community Development Block Grant (CDBG) `(insect nanne of category) funds in the atnoutnt of $600,000 from CI. Tlne purpose of this grant is to increase the county's capacity in housiig, infrastructure, job creation and plaruning. WHEREAS, NCSC is anon-profit organization that serves as a hub for accessing expertise and resources from universities, public/private fotmdations and other organizations conunitted to building a sustainable and competitive North Carolina, and agrees to cooperate in the conduct and operation of this A~•eement subject to the terms, conditions and considerations contained it this Agreement and the amended project Grant Agreement and Funding Approval between the County and CI; and WHEREAS, Release of CDBG Capacity Building Giant fitnds is contingent upon provision of a legally binding conunitment between t(re County and NCSC establishing commitments from both. parties related to the project grant agreement and fitnding approval, and particularly, defining (non- profit's specific commitment to utilize CDBG Capacity Building funds to enable the county to become more competitive, successful and ready for prosperous growth; NOW, THEREFORE, in consideration of the promises and mutual. covenants set forth herein, tine patties hereto do agree as follows: ARTICLE ONE The county agrees to execute its responsibilities identified in tine County's approved Amended Community Development Block Grant Application to CI dated 20_, hereinafter referred to as tine Amended CDBG Application. The Amended CDBG Application is incorporated by reference as if fully set forth herein, atnd constihttes a part of dais Agreement. In executing its responsibilities identified in the Annended. CDBG Application, the eotunty agrees to comply with all applicable laws and regulations set forth in 2~ CFR Part 570 or referred to ui 4 N.C. Adnun. Code 19L, including but united to, . l OOti procurement laws and regulations set forth or referred to in 4 N.C. Adnun. Code 19L, among odners. 6 ARTICLE TWO The Coiulty agrees to execute its responsibilities identified in its Amended CDBG Application to CI dated , 20_, and within the times set forth therein. The county also agrees to meet Capacity Buildiig deliverables and demonstrate enhanced local goverrunent capacity as outlined in the amended Grant Agreement and Funding Approval. ARTICLE THREE The County agrees to provide amended CDBG grant funds to NCSC in the anlount of $ (less up to 10% administration}. This grant will be used by NCSC to undertake activities, including but not limited to the following: - Grant Writing and Technical Assistance - Coirununity Survey Research aiid.Design - Entrepreneurial acid Small Business Tecluiical Assistance - Feasibility Study Assistance and Preparation - Economic Impact Analyses - Business Plan Development' - Community Design Assistance - Sustainable Technology Design Assistance - Sustainability Planning , ARTICLE FOUR 1. Each party shall keep aild maintain books, records and other documents relating to the receipi and. disbursement of grant funds and the fiilfiIlment of this Agreement. ?. Each party agrees that any authorized. representative of the county, CI, the United States Department of Housiig and Urban Development, the Comptroller General of the United States shall, or other entity at reasonable times, have access to aild the right to inspect, copy, examine acid audit all of the books, records aiid other documents relating to the CDBG Grant and the fulfillment of ties Agreement for a period of du-ee (~) years following completion of all close-out procedures respecting the Amended CDBG Grant aild the final. settlement and conclusion of all issues arising out of tlje Commtuity Development Project. 3. Notwithstanding anything herein to the contrary, the parties hereto aclaiowledge die due execution of a Amended CDBG Agreement between dle County and CI. The Amended CDBG 7 Agreement is incorporated by reference as though. fully set forth herein, and constihrtes a part of this Agreement. The parties to tImis Agreement agree that any conflict between provisions, requirements, duties, or obligations of this Agreement and the CDBG Agreement shall be resolved in favor of the CDBG Agreement. 4. Each party shall follow requirements of 24 CFR Part 570.504, Program Income. At the end of the program year, remittance of all or part of any program income balances held by the subrecipient. 5. NCSC shall comply with all applicable unifonn adnunistrative requirements, as described in 24 CFR Part 570.50?. 6. NCSC shall carry out each activity in compliance with all Federal laws and regulations ui Subpart K, unless excepted. 7. In accordance with 24 CFR Part 85.43, suspension or termination may occur if NCSC materially fails to comply with any term of the award, acid that award may be terminated for convenience in accordance with 24 CFR Part 8.44. 8. Upon the expiration of this agreement, NCSC shall transfer to the recipient any Anmended CDBG funds on hand at the time oftlme expiration and any accounts receivable attributable to the use of CDBG fiords. Any real property under NCSC's control that was acquired or improved in whole or in part with CDBG funds is to conform with 4 NCAC 19 L .0909. 9. This Agreement constitutes a legally enforceable contract, and shall be governed by and construed in accordance with the laws of the State of North Carolina.