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HomeMy WebLinkAboutAgenda - 08-05-1996 - VIII-Q 1 Orange County Board of County Commissioners Action Agenda Item No._V -A Action Agenda Item Abstract Meeting Date: August 5, 1996 Subject: Community Development Block Grant Award Department: Housing/Community Development Public Hearing Yes No—x_ Budget Amendment Needed Yes x No Attachment(s) Information Contact: Grant Agreement Tara L. Fikes, ext. 2490 Funding Approval Form Signatory Form and Certification Telephone and Extension Number Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 Purpose: To approve the execution of the Grant Agreement; Funding Approval Form and Signatory Form and Certification cards for the 1996 Community Development Block Grant award. Background: The County was recently awarded $145,750 in Community Development Block Grant funds by the N.C. Department of Commerce. Funds will be used to provide the necessary infrastructure (water, sewer, and roadway) in a small subdivision being developed by Habitat for Humanity of Orange County, Inc.. The development is known as Efland Estates, Phase II and will provide homeownership opportunities for five first-time homebuyers. In order to proceed with grant activities, the attached Grant Agreement, Funding Approval form and Signatory Form and Certification must be executed by the Chair of the Board and returned to the N.C. Department of Commerce. The Signatory Form and Certification Form gives authority to requisition CDBG funds to the following persons: John Link, County Manager; Albert Kittrell, Assistant County Manager, Rod Visser, Assistant County Manager; and Kenneth Chavious, Finance Director. Recommendation: The Manager recommends approval of the execution of the Grant Agreement; Funding Approval Form and Signatory Form and Certification cards for the 1996 Community Development Block Grant award and authorize the Chair to sign the documents on behalf of the Board upon the review and approval of the County Attorney. 3 2 NORTH CAROLINA DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT AGREEMENT 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. 3 1 -2- 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. 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 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 4 -3- relating to the grant for a period of three years following the completion of all closeout 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 affirmatively further fair housing. Guidance for developing a Fair Housing Plan can be found in DCA Bulletin 93-4. 10. F,gual Emplo=ent 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. 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 shall ensure that all vacant units being rehabilitated will be occupied by a low or moderate income family by the time close-out occurs. J ♦ S 1 -4- 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. Benefit: The recipient shall ensure that 51%(or 5 lots)of the 9 lots, will be built upon and occupied by low and moderate income households within two years of the grant award. 16. Schedule: The recipient shall ensure that the project schedule submitted on May 17, 1996 will be met and that five units will be completed and occupied within two years of the date of the DCA director's signature. Weather will not be an acceptable excuse for not meeting the proposed schedule and the county will pay a pro rate share of funds back to the Division of Community Assistance if the units are not built according to the schedule. 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 on the next page, 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:— 9 t9-/9 S By: William A. McNeil,Director Division of Community Assistance Date: Name of Recipient By: Signature of Authorized Official (Title) 6 FUNDING APPROVAL NOR'T'H CAROLINA DEPARTMENT OF COMMERCE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. NAME AND ADDRESS OF RECIPIENT 2. GRANT NO. 96-C-0263 Orange County (x)ORIGINAL March 29-1996 P.O. Box 8181 (DATE) Hillsborough,NC 27278 ()AMENDMENT (DATE) 3. APPROVED PROTECTS EW.j,,ct Number Project Name Anoroved Amount ED-1 Efland Estates,Phase II Total $1455.750 4. FUNDING APPROVAL CONDITIONS The following conditions must be removed in writing by the Division of Community Assistance 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, engineering,design and environmental assessments for the approved project until the recipient has complied with the Environmental Review Procedures for the N.D. CDGB Program and the CDBG regulations contained in 4 NCAC 19L.1004. t t 7 FUNDING APPROVAL Page 2 B. CITIZEN PARTICIPATION AND COMPLIANCE CQNDITIOU• No funds may be obligated or expended in any 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.(b)]: publisher's affidavits of notices for and two minutes,signed by the town(or the county as applicable)clerk of the two required public hearings. C. FLOODPLA_IN CONDITION: No funds may be obligated or expended in any activity except for the administration activity until the recipient provides DCA with a certification that the project area is not in a floodplain;or with certification that the recipient participated 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. LEGALLY BINDING COMMITMENT CONDITION: No funds may be obligated or expended in any project activity except for the administrative activity until the recipient provides DCA with a copy with a copy of the legally binding commitment between the County and Habitat for Humanity of Orange County,Inc. 5. Signature�of"Authorized Official 6. Signature of Authorized Local Official Name William A.McNeil Name Director,Division of Community N99 Title Date Title Date R 8 P CDBG Grant No. SIGNATORY FORM AND CERTIFICATION Recipient Name Address i Signatures of individuals authorized to sips Requisition for CDBG Funds forms.(Two signatures required on each requisition.) Signature Typed Name TYPED TITLE (Signature) (Typed Name) (TYPED TITLE Signature Typed Name TYPED TITLE (Signature) Typed Name (TYPED TITLE) CERTIFICATION 1. ( ) 1 certify that the signatures above are of the individuals authorized to sign Requisition for CDBG Funds.form for the above recipient. i Grtifying Offkial+ TITLE i Z. ( ) The governing board has passed a resolution authorizing the persons above to sign Requisition for CDBG Funds forms for the above recipient.A copy of the resolution Is attached. 1 certify that the signatures above are those of the Individuals authorized by resolution of the governing board of the recipient to sign Requisitic+n for CDBG Funds forms. CDBG 0101 (9186) CertifyingOftkial+ TITLE I i I