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HomeMy WebLinkAboutS Grant Community Development Block Grant Award – IDA Program r North Carolina Division of Community Assistance BOA Community Development Block Grant Program Funding Approval 1. Name and Address of Recipient Orange County PO Box 8181 Hillsborough,NC 27278 2. Grant Number and Funding Approval Date Grant Number: 01-C-0894 Date of Original Funding Approval: July 24,2002 Date of Amended Funding Approval: 3. Approved Projects Project Number and Name Approved Amount Orange County IDA Total Grant Award: $40,000 4. Funding Approval Conditions The following conditions must be removed in writing by the Division of Community Assistance (DCA) in order for all funds to be released for the approved projects listed in item(3),above: A. Environmental Condition: No funds may be obligated or expended in any activity except for the payment of reasonable costs related to the planning, administration (Note: administrative funds for IDA does not include training costs), engineering, design and environmental assessments for the approved 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. Orange County 1 01-C-0894 l B. Citizen Participation and Compliance Condition: No funds may be obligated or expended in any project except for the administrative activity as noted previously until DCA is provided with the following documentation of compliance with citizen participation requirements in the application process 4 NCAC 19L.1002.(b): publisher's affidavits of notices for and minutes signed by the county of the two required public hearings. C. Administration Contracts/Inter-local Aereements Condition: No funds may be obligated or expended in any activity except for 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 DCA one copy of the properly completed Performance Based Contract. E. Legally Bindinz Commitment Condition: No funds may be obligated or expended in any project activity except for the administration activity until the recipient provides DCA with a copy of the legally binding commitment(s) between the County and the Women's Center(TWC). F. Authorized Sienatures on CDBG Federal and State Certifications Condition: No funds may be obligated or expended in any project activity except for the administration activity until the recipient provides DCA with a copy of CDBG Federal and State Certifications signed by the chief elected official. S. Signature of Authorized Official Name William A. McNeil Director.Division of Community Assistance 07!24/02 Title Date 6. Si of Authoriz Local fficial `—dame itle Date Orange County 2 01-C-0894 0 North Carolina Department of Commerce Division of Community Assistance CA Community Development Block Grant Program Grant Agreement Individual Development Accounts (IDA) Upon execution of this grant agreement, the North Carolina Department of Commerce (DOC) agrees to provide to the recipient Community Development Block Grant assistance under Title I of the Housing and Community Development Act of 1974, (P.L. 93-383), as amended, authorized by the DOC funding approval, the North Carolina Community Development Block Grant administrative rules, applicable laws 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 approved application, including the certifications, maps, schedules and other submissions in the application,any subsequent amendments to 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 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 provided under this agreement means the grant funds provided under this agreement. (e) Program means the community development program, project, or other activities, including the administration thereof, for which assistance is being provided under this agreement. 1 (f) The date for receiving the grant means the date of the DCA Director's signature on the Grant Agreement and Funding Approval. 2. Obligations of the Recipient. The recipient shall perform the program as specified in the application approved by DOC. The recipient shall comply with the certification 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 and any other applicable laws and Executive Orders currently or hereafter in force. 3. Obligations of Recipient with Respect to Certain Third Party Relationships. DOC shall hold the recipient responsible for complying with the provisions of this agreement 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 insure that the program is carried out in accordance with the recipient's certifications including 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 in exchange for a grant or loan from the recipient to the third party of all, or a portion, of the recipient's grant funds, the recipient's contract with the third party must require the third party to comply with the procurement standards set forth in 4 N. C. Administrative Code 19L .0908. 4. Conflict of Interest. None of the following or their immediate family members, during the tenure of the subject person or for one year thereafter, shall have any direct or indirect financial interest in any contract, subcontract or the proceeds thereof for work to be performed in connection with the program assisted under this agreement: employees or agents of the recipient who exercise any function or responsibility with respect to the program, and officials of the recipient, including members of the governing body. The same prohibition shall be incorporated in all such contracts or subcontracts. 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. 5. Reimbursement to DOC for Improper Expenditures. The recipient will reimburse DOC for any amount of grant assistance improperly expended. 6. Access to Records. The recipient shall provide any duly authorized representative of DOC, the federal Department of Housing and Urban Development (HUD), and 2 the Comptroller General 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 three years following the completion of all close- out procedures. 7. 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. 8. 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, and shall report on non-CDBG expenditures with each Annual Performance Report, consistent with Section .1100 PERFORMANCE of the program regulations(4NCAC 19L). 9. Method of Payment. The Department of Commerce uses the STEPS-OUT system for CDBG payments to units of local government. Payments on requisitions will be made only by electronic funds transfer. 10. Fair Housing. For each grant year that a CDBG 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 DCA Bulletin 934. 11. 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. 12. Local Economic Benefit (Section 3 Regulation). For each year that a CDBG is active, a 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 of at least $100,000 per contract, and (3) education of low-income residents within the CDBG assisted area about the components and opportunities of the program. 13. 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. 3 14. 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 family by the time close-out occurs. 15. 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. 16. Schedule for Release of Conditions and Completion Activities. The recipient must satisfy all conditions to release CDBG funds within six months of receiving the grant, and 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 Contract. The recipient must obligate all funds within 27 months and spend all funds within 30 months from the date the Grant Agreement and Funding Approval are signed by the DCA Director. The timetable for completion of activities may be extended, as warranted by extenuating circumstances beyond the control of the recipient local government, through amendments to the application approved by the Division. Consistent with Section .1104 of the program regulations (4NCAC 19L), based on review of the recipient's performance for conformance with the approved application and approved performance schedules, the Secretary of Commerce may withdraw the grant,except for funds already expended. 4 Upon execution of this agreement by DOC and the recipient, the recipient hereby accepts the assistance on the terms of this grant agreement effective on the date indicated below, and further certifies that the official signing this document has been duly authorized by the recipient's governing body to execute this Grant Agreement. Secretary of the Department of Commerce Date: July 24,2002 e By: William A.McNeil,AICP Director Division of Community Assistance Date:_ /6 Name of Recip ent Q By: ignature o o d O ial (Title) 5