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Home My WebLink About1996 S NC Dept Commerce Community Housing Development Block Grant Program Grant Agreement J r-1-6; 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. -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 -3- relating to the grant for a period of three years following the completion of all closeout procedures. 7. Project Savi=. 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. 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. 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. -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: 1I a �,/9�s By; � William A. McNeil, Director Division of Community Assistance Date: ?/155 9� Name of Rmpelpient- - (11��//i B . Signature of Authorized Official :CHAD;; ORANGE COUNTY IROARD OF COMMISSIONERS (Title)