HomeMy WebLinkAboutGrant Community Development Block Grant Award Richmond Hills Infrastructure, ~ ~ ~~a.. ! ~ ~e.~ {'~o~.-S ~ Qp~l9'~icR%lr
, /
/- /~- o/ o~~j
North Carolina Department of Commerce
Division of Community Assistance
Community Development Block Grant Program
Grant Agreement
Housing Development (HD)
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 a11 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.
(~ 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 a11 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 P 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 sha11 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.
4. Conflict of Interest. None of the following or their immediate family
members, during the tenure of the subject person or for one yeaz 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 sha11 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 the Comptroller General at all reasonable times
access to and the right to inspect, copy, monitor, and examine a11 of the
2
books, papers, records, and other documents relating to the grant for a period
of three years following the completion of a11 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. 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.
9. 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 ~rmatively further fair housing. Guidance for
developing a Fair Housing Plan can be found in DCA Bulletin 93-4.
10. Equa1 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.
11. Local Economic Benefit (Section 3 Re~ulation). 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.
12. 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.
13. Obligation of Recipient With Regard to Vacant Units. The recipient sha11 ensure
that all vacant units being rehabilitated will be occupied by a low or moderate
income family by the time close-out occurs.
14. 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.
15. Release of Conditions and Contract Period (Not to Exceed 36 Months). The recipient must
satisfy all conditions to release funds within six (6) months of receiving the grant. As
noted in the application, the implementation period is 24 months, but under no
circumstances must project completion exceed 36 months.
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: December 7, 2000 Q By:
t~~l+~,~rv~l
William A. McNeil, AICP
Director
Division of Community Assistance
Date: ~t„~ua,r ~ ~ D / 0
J o
Name of ecipient
Q By:
Signature of Authorized Official
/1 i r ~_~~.~i~r-~s si~ err
(Title)
4
~~,~. ~ ~'~f ~j[, u- S' ~~'L .~ O /~j f l~ ~ / - /O -Q~ ~// ~
/
."
.
North Carolina Division of Community Assistance
Community Development Block Grant Program -
Funding Approval
1. Name and Address of Recipient
Orange County
Post Office Box 8181
Hillsborough, North Carolina 27278
2. Grant Number and Funding Approval Date
Grrant Number: 00-C-0744
Date of Original Funding Approval: December 7, 2000
Date of Amended Funding Approval:
3. Approved Projects
Project Name Approved Amount
Richmond Hills $250,000
Total Grant Award: $250,000
4. Funding Approval Conditions
The following conditions must be removed in writing by the Division of Community Assistance
(DCA) in order for a11 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, 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
00-C-0744
.
FUNDING APPROVAL
B. Citizen Participation and Compliance Condition• No funds may be obligated or
expended in any project activity except for the administration activity until DCA is
provided with the following documentation of compliance with citizen participation
requirements in the application process [4 NCAC 19L.1002]: 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. Floodplain Condition: No funds may be obligated or expended in any project activity
except for the administration activity until the recipient provides DCA with a certification
that the project azea is not in a floodplain; or with certification that the recipient participates
in the flood insurance program, all properties assisted in the project will be covered for
flood insurance prior to beginning construction on the property, and all public facilities will
be constructed to comply with the applicable floodplain regulations.
D. Use of Experienced CDBG Administrator: No funds may be obligated or expended in
any project activity except the administrative activiTy until the recipient has submitted a
statement that they will be using an experienced CDBG administrator, either local
government staff, private consultant, regional planning commission staff or non-profit staff
to administer the project.
E. Administration Contracts/Inter-local A~reements 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.
F. Le~ally Bindin~ 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 between Habitat for Humanity of Orange
County, NC, Inc. and Orange County.
G. 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.
H. TANF Condition: No funds may be obligated or expended in any project activity except
for the administration activity until the recipient describes how TANF families will benefit
from the CDBG funds, the number TANF families to be assisted with CDBG funds and the
performance standard by which success will be measured.
Orange County 2 00-C-0744
FUNDING APPROVAL
5. Signature of Authorized Official
~ ~~ ~~~~
Name William A. McNeil
Director, Division of Communi Assistance
Title
6. Signatur f Auth ' d Local Official
~
Name
r t s i e~s
Title
December 7. 2000
Date
/--/ -o/
Date
Orange County
3
00-C-0744