HomeMy WebLinkAboutAgenda - 12-02-2013 - 6g 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 2, 2013
Action Agenda
Item No. 6-g
SUBJECT: Orange County Community Development Block Grant (CDBG) — Economic
Development
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Resolution Craig Benedict, 919-245-2592
2. Application Documents Steve Brantley, 919-245-2326
3. Morinaga Site Map
PURPOSE: To approve a resolution authorizing the submission of the Morinaga America
Foods, Inc. Community Development Block Grant (CDBG) application and authorize the Chair
to sign the required application documents on behalf of the Board.
BACKGROUND: Orange County staff and consultant Martin-McGill Associates propose to
submit a CDBG application to the North Carolina Department of Commerce requesting
$750,000 for critical site public infrastructure improvements in the Buckhorn Economic
Development District (Buckhorn EDD). The CDBG program provides grants to non-entitlement
local governments, including Orange County, in order to develop viable communities with the
expansion of economic opportunities for the creation and retention of local jobs. Funds
requested by Orange County would allow for site improvements in order for Morinaga America
Foods, Inc. to build and staff a U.S. production facility in Orange County. The improvements
consist of a 2,500 linear foot roadway design that would create an east-west access along Ben
Wilson Road extension, and construction of a 3,700-foot, 16-inch water line (or possibly more
linear feet if a loop system is required to augment fire flow) and a 1,500-foot, 10-inch sewer line
to the site. In addition, the project would include survey work, an environmental assessment,
and grant administration services. The proposed access road will be constructed by the North
Carolina Department of Transportation. In return for these efforts, Morinaga America Foods,
Inc. will commit to investing in the community and creating jobs.
Funding for projects is based on the number of jobs created and the level of distress in the
community applying for the funds. Sixty percent of jobs created or retained in the project must
be for persons qualifying as prior low and moderate income (LMI). CDBG funds granted to local
governments are to be used for various types of infrastructure improvements to assist for-profit
businesses in creating or retaining jobs. A match of approximately $250,000 will be required
from the County's Article 46 (One-Quarter Cent) Sales and Use Tax. Funds provided from the
County will be utilized primarily in conducting engineering design work and would leverage the
full $750,000. Orange County has contracted for the design work.
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Morinaga has committed to create at least 90 jobs during the first three years of operation.
These positions will pay approximately $38,000 per year, a figure that meets the One North
Carolina Fund wage test. As part of the package, the City of Mebane and Orange County
sponsored the $264,000 One NC Fund performance grant that has been awarded. In addition,
Durham Technical Community College will provide training of its new employees. This
collaborative effort will bring much needed jobs and an investment up to $48 million to the
community. The 21-acre site is large enough to accommodate future expansions that will add
more opportunity for the workforce. This new development can serve as a catalyst for business
activities in the Buckhorn EDD and Orange County industrial parks.
The Morinaga America Foods, Inc. CDBG application is planned for submittal to the North
Carolina Department of Commerce on December 4, 2013. Dependent on the outcome of the
site's environmental review, requested funds may be made available for release in March 2014.
Two public hearings regarding the CDBG process and the Morinaga America Foods, Inc. CDBG
application were conducted by the BOCC on October 15, 2013 and November 19, 2013.
Attachment 1 contains the final resolution for the Morinaga America Foods, Inc. CDBG
application. Additionally, Attachment 2 contains application documents requiring the Chair's
signature for the Morinaga America Foods, Inc. CDBG application.
FINANCIAL IMPACT: The grant provides for the opportunity to receive up to $750,000 in
CDBG funding. A match of approximately $250,000 will be required from the County's Article
46 (One-Quarter Cent) Sales and Use Tax for economic development infrastructure and
business incentives. Funds provided from the County will be utilized primarily in conducting
engineering design work.
RECOMMENDATION(S): The Manager recommends that the Board approve the resolution in
Attachment 1 authorizing the submission of the formal application and authorize the Chair to
sign the resolution and the required application documents on behalf of the Board.
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RES-2013-102 Attachment 1
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION FOR ORANGE COUNTY ECONOMIC DEVELOPMENT
APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION FOR THE MORINAGA AMERICA FOODS INC. PROJECT.
WHEREAS, the Orange County Board of Commissioners has previously
indicated its desire to assist in economic development efforts within
the County; and,
WHEREAS, the Orange County Board of Commissioners has held two public
hearings concerning the proposed application for Community
Development Block Grant funding to benefit Morinaga America
Foods, Inc.; and,
WHEREAS, the Orange County Board of Commissioners wishes the County to
pursue a formal application for Community Development Block
Grant funding to benefit Morinaga America Foods, Inc.; and will
invest monies in the amount up to $250,000 into the project as
committed to in the application.
WHEREAS, the Orange County Board of Commissioners certifies it will meet all
federal regulatory and statutory requirements of the Community
Development Block Grant Program,
NOW, THEREFORE BE IT RESOLVED by the Orange County Board of
Commissioners that Orange County Economic Development is authorized to
submit a formal application to the North Carolina Department of Commerce for
approval of a Community Development Block Grant for Economic Development
to benefit Morinaga America Foods, Inc.
Adopted by Orange County:
This the day of 2013.
Barry Jacobs, Chair
Orange County Board of Commissioners
Donna Baker County Seal:
Clerk to the Orange County Board of
Commissioners
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Attachment 2 4
0 t�
BARRYJACOBS,CHAIR ORANGE COUNTY BOARD OF COMMISSIONERS
EARL MCKEE, VICE CHAIR
MARK DOROSIN POST OFFICE BOX 8181
ADCEM.GORDON 200 SOUTH CAMERON STREET
BERNADE'TTE PELISSIER M
RENEEPRICE HILLSBOROUGH, NORTH CAROLINA 27278
PENNYRICH �rtlj �tio�
December 2,2013
Mr. George Sherrill, Section Chief
Commerce Finance Center
301 North Wilmington Street
Raleigh,NC 27601
Dear Mr. Sherrill,
On behalf of Orange County,North Carolina, I would like to submit this application to the CDBG Economic
Development Program for consideration. Our project involves the construction of critical infrastructure
improvements that would enable Morinaga America Foods,Inc.to establish its first U.S.production facility in
Orange County. The plant would be located in the City of Mebane and the company will commit to investing
up to $48 million to build the new facility in the community, and will create sustainable jobs for low and
moderate income(LMI)persons.
This project is a good fit for eligibility under the Economic Development Program since it will significantly
expand the economic opportunities available in this community, and may even serve as a catalyst for growth and
attraction in this industry sector.
We appreciate the opportunity afforded to us by the Department of Commerce's CDBG to apply, and we look
forward to hearing from you regarding our project.
Sincerely,
I
' I
Barry Jacobs,
Chair, Orange County Board of Commissioners
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WWW CO.ORANGE NC.US
PROTECTINGAND PRESERVING—PEOPLE,RESOURCES, QUALITY OF LIFE
ORANGE COUNTY,NORTH CAROLINA—YOU COUNT'
(9 19)245-2130• FAX(919)644-0246
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APPLICATION SUMMARY
NC SMALL CITIES COMMUNITY DEVELOPMENT is PROGRAM
ECONOMIC DEVELOPMENT
Applicant Name: Orange County,North Carolina
Address:
Street/Post Office Box: 131 West Margaret Lane
City: Hillsborough Zip: 27278
County: Orange
Contact Person: Craig Benedict,Planning Director Fax: (919)644-3002
Telephone (919)245-2575 Email cbenedict(a),orangecountync.gov
Application Type:(mark w/an X) Original Application x Amended Application
Program Funding Category: ED SIC/NAICS Code: 445292/311340 DUNS#: 07-917-8866
Project Name: Morinaga America Foods,Inc.Infrastructure Private Investment: $48,000,000
Type of Application:(mark w/an X) Grant x Participation Loan
If this application will involve a loan,please provide the following:
Participating Bank:
Street/PO Box:
City: State: Zip:
Contact: Tel.: Fax:
CDBG Funds Requested: $750,000
Other Funds and Sources:
Applicant $250,000
Total Project $1,000,000
Certification by the Applicant's Chief Elected Official:
I certify that,to the best of my knowledge and belief,that:the data in this application is true and correct;
that opportunities have been provided for citizen participation and access to information concerning the
proposed activities;that this document has been duly authorized by the governing body of the applicant
and the applicant will comply with the attached application certifications if the assistance is approved;and
that,if funded,this application is a part of the Grant Agreement.
Typed Name of Elected Official: Barry Jacobs
Typed Title: Commissioner Chair
Signature: Date:
FOR STATE USE ONLY
Date Received: Special Instructions:
CDBG-ED Application Summary Page Section I
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Company Commitment Form
III
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I, Masao Hoshino , an official representative of Morinaga America Foods, Inc.
company, do hereby certify that, if the application for the above referenced funds are
approved, the Company will fulfill the following commitments:
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4- No other facilities will be abandoned nor will any other persons be displaced as a
result of this project.
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❖ All positions created by this project will be newly created positions and the jobs
will not be "pirated"from another facility owned or operated by the Company.
• The Company will undertake and carry out the project in accordance with this
application for CDBG-ED assistance. The information pertaining to the Company
is accurate.
❖ The Company will retain 0 jobs and will create an additional 90 new jobs within
the three year project period. Of the 90 jobs created, at least 60%will be filled by
low and moderate-income persons.
❖ The Company agrees to either screen all applications and hires for the required
employee statistical information and the required documentation or to allow the
Employment Security Commission to perform these functions on their behalf.
❖ The Company will either provide the Grantee with a quarterly status report
(including the ESC-101 report form)with sufficient detail for the Grantee to
determine the number of hires and the low and moderate income status of each
or will allow the Grantee or its representative to complete an on-site review of
hiring information to develop a quarterly record of hiring status. This obligation
will end at project close out unless the Commerce Finance Center reviews
available information and grants the company permission to stop collecting the
required data at an earlier date.
Company Representative Date
CDBG-ED Private Company Commitment Section 14
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LEGALLY BINDING COMMITMENT
STATE OF NORTH CAROLINA
Orange County, Economic Development (APPLICANT)
Morinaga America Foods, Inc. (COMPANY)
PUBLIC FACILITIES AGREEMENT
THIS AGREEMENT(the "Agreement")is entered into as of the seventh day of
October , 2013 by and between Morinaga America Foods,Inc., a corporation authorized to
transact business within the State of North Carolina(hereinafter referred to as the"Corporation")
and Orange County Economic Development,North Carolina(hereinafter referred to as the
"Applicant"). This Agreement will not become effective until all conditions placed upon the
Applicant's funding approval are satisfied and funds are released by the Department of
Commerce(hereinafter "DOC")pursuant to a Community Development Block Grant
(hereinafter"CDBG")with the Applicant.
WITNESSETII
WHEREAS,the Applicant anticipates receiving a Community Development Block Grant
from the Department of Commerce in the amount of $750,000 to be used primarily to benefit
low to moderate-income persons by financing the economic development project to be
undertaken by the Applicant and the Corporation(the "Project").
NOW,THEREFORE,in consideration of the promised and the mutual covenants and
promises set forth herein,the Corporation and the Applicant hereby agree as follows:
I. AGREED ACTIONS
A. The Corporation shall execute its responsibilities as identified in Corporation's narrative
exhibits and the employment profiles contained in the Applicant's CDBG application to DOC.
Those exhibits and commitments are incorporated herein by reference, as if set out in full. The
Corporation agrees to build and operate the Project in a timely manner. Briefly,those documents
describe the construction/acquisition of a 98,000 square foot manufacturing facility (the
"Facility")on a 21-acre site located in/adjacent to the City/Town of Mebane in Orange
Coun ty ,North Carolina(the "County"). The Corporation currently has no operations in the
CDBG-ED LBC Section 12(1)
New Employer(Job Creation)
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County now but commits to employ at least 90 people by December of 2016 . The Corporation
can request that DOC verify the creation of the jobs stated above prior to December of 2016 ,
and release the Corporation from further job creation documentation. Upon the request of the
Corporation,the County shall submit a request for an extension with DOC if such an extension is
necessary to achieve the minimum employment number of 90 employees beyond the
commitment date of December of 2016. In addition,the Corporation commits to employ persons
whose household income is within low to moderate-income limits in sixty percent(60%)of all
the jobs to be created at the Corporation's Facility. The Corporation agrees that if it fails to
create 90 jobs prior to December of 2016 or verified by DOC, it will reimburse DOC
$8,333.33 for each job not created. The Corporation also agrees that if the number of jobs
created for prior low to moderate-income people at the Facility falls below fifty one percent
(51%) of the total jobs stated above at the Facility, the entire grant amount will be due and
payable to DOC by the Corporation. The Corporation's liability under this Agreement shall not j
exceed the dollar amount of the grant made by the Department of Commerce. If unforeseen
calamity, an Act of God or financial disaster is the cause of action under this section of the
Agreement,the Corporation and the Applicant may appeal to DOC for an extraordinary
modification of this responsibility. Such modification shall be at the discretion of the Secretary
of the Department of Commerce. The requirement that persons of low to moderate income must
hold a minimum of fifty-one percent(51%)of all jobs created cannot be waived.
B. Each party shall keep and maintain books,records, and other documents relating directly
to the receipt and disbursement of grant funds and fulfillment of this Agreement.
C. Each party agrees that any duly authorized representative of the Applicant,DOC,the
United States Department of Housing and Urban Development, and the Comptroller General of
the United States shall,at all reasonable times,have access to and the right to inspect, copy,
audit, and examine all of the books,records, and other documents relating to the grant and the
fulfillment of the Agreement for a period of four(4)years following the completion of all close-
out procedures respecting the CDBG funds, and the final settlement and conclusion of all issues
arising out of the CDBG funds.
D. Not withstanding anything herein to the contrary,the parties hereto acknowledge the due
execution of the CDBG Grant Agreement between the Applicant and DOC and agree that any
conflict between the provisions,requirements, duties,or obligations of this Agreement and the
CDBG Grant Agreement shall be resolved in favor of the CDBG Grant Agreement.
II. ENFORCEMENT
A. If at the end of the approved project period the Corporation has failed to create the full
number of job positions and low to moderate-income job positions presented in Agreed Actions
Section I of this Agreement,then the Corporation will pay to the Applicant an amount calculated
in the manner set out in Section I-A of this Agreement.
B. This Agreement constitutes a legally enforceable contract and shall be governed and
construed in accordance with the laws of the State of North Carolina.
CDBG-ED LBC Section 12(1)
New Employer(Job Creation)
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III. PUBLIC RECORDS LAW
The Corporation acknowledges that it has read and understands North Carolina's laws
regarding the treatment of public records and confidential information, and their application to
economic development projects, including without limitation,those provisions set forth in
Exhibit A.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
under Seal as of the date first above written.
Orange County,NC (Applicant) Morinaga America Foods,Inc. (Corporation)
(SEAL) c-- (SEAL)
Chairman President and/or CEO
(SEAL) (SEAL)
Clerk Secretary
/0 / 7113
Date Date
CDBG-ED LBC Section 12(1)
New Employer(Job Creation)
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Assessment Policy
Orange County CDBG Economic Development Project
Wilson Property— Mebane, NC
Orange County is required, as a condition of a Community Development Block Grant for
Economic Development (CDBG-ED) that provides water and sewer services to serve the
Morinaga America Foods, Inc. facility to be located in the Wilson Industrial Park, to adopt an
assessment policy regarding any future users of the public facilities funded through the grant.
The assessment policy delineated herein is designed to give Orange County a mechanism to
provide equitable roadway, water and sewer service to future users in the area whose roadway,
water and sewer service will be upgraded as a result of CDBG-ED funding.
1. Future industrial or commercial users connecting to the water and sewer system on the
Wilson Property shall be required to pay an assessment fee of$2,000 per acre or tract
(whichever is greater) to Orange County. This fee is in addition to normal tap fees and
shall be paid in full prior to connection to the designated lines.
2. Future residential users connecting to the water and sewer system on the Wilson
Property shall be required to pay an assessment fee of$500 per acre or lot(whichever
is greater) to Orange County. This fee is in addition to normal tap fees and shall be paid
in full prior to connection to the designated lines.
3. The assessment fee required in Section I & II shall not be imposed on any business that
is owned by low and moderate income individuals, or any residence that is owned or
occupied by low and moderate income individuals. This assessment fee shall be waived
by Orange County for any business that ties into the service that presently employs
greater than 60% low and moderate income persons and/or will create new jobs of which
60% of positions will be filled by low and moderate income persons.
4. Orange County reserves the right to reduce the assessment fee charged to any future
users based on the economic impact on the County's overall economy.
5. All revenue generated by this assessment policy prior to completion of the project shall
be used to reduce the amount of CDBG-ED funds. Fifty percent (50%) of all revenue
generated by the assessment policy thereafter shall, for a period of five (5) years, be
returned to the CDBG Program at the Commerce Finance Center for funding of future
economic development projects. The fifty percent (50%) retained by the County shall be
used to finance future capital improvements to the County's water and sewer system
with priority placed upon improvements to benefit persons of low to moderate income.
ADOPTED
Date
ATTEST:
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FEDERAL REQUIREMENTS AND CERTIFICATIONS
The applicant hereby assures and certifies that:
a) It will comply with all applicable federal and state laws, regulations, rules and Executive Orders.
b) It possesses legal authority to apply for the grant, and to execute the proposed program.
C) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the identified as the official representative of
the applicant to act in connection with the application and to provide such additional
information as may be required.
d) It is following a detailed,written citizen participation plan which will provide opportunities for
citizen participation, hearings, and access to information with respect to its community
development program that are comparable to those required of grantees under Section 104(a)
of the Act and in accordance with Rule .1002 of the North Carolina Community Development
Block Grant Administrative Rules.
e) Its chief elected official or other officer of the applicant if assistance is approved by Commerce:
1) Consents to assume the status of the"responsible Federal Official" as that term is used
in Section 102 of the National Environmental Policy Act (NEPA),Section 104(f) of Title 1
of the Housing and Community Development Act of 1974, as amended,and other
provisions of Federal law, as specified in 24 CFR 58.5 which further the purposes of
NEPA.
2) Is authorized and consents on behalf of the applicant and himself to accept the
jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities
as such an official.
3) Consents to review and comment on all Environmental Impact Statements prepared for
Federal projects which may have an impact on the applicant's/recipient's community
development program.
4) Consents to perform all coordination functions required under 24 CFR Part 58 and 40
CFR Parts 1500-1508.
f) The Community Development Program has been developed so as to give maximum feasible
priority to activities which will benefit low and moderate income families or aid in the
prevention or elimination of slums and blight. The requirement for this certification will not
preclude Commerce from approving an application where the applicant certifies, and Commerce
determines,that all or part of the Community Development Program activities are designed to
meet other community development needs having particular urgency as specifically explained in
the application in accordance with Section .0800 of 4 NCAC 19L of the North Carolina
Administrative Code.
g) Its program will be conducted and administered in conformity with Public Law 88-352 and Public
Law 90-284, and that it will affirmatively further fair housing.
h) It will comply with all provisions of 4 NCAC 19L of the North Carolina Administrative Code,
entitled North Carolina Community Development Block Grant Program.
i) It will give Commerce, HUD and the Comptroller General through any authorized representative
access to and the right to examine all records, books, papers or documents related to the grant.
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j) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business,or other ties.
k) It will follow a residential anti-displacement and relocation assistance plan that is in accordance
with the provisions of Section 104(d)and all other provisions of the Act.
I) It will not attempt to recover any capital costs of public improvements assisted in whole or part
under Section 106 of the Act or with amounts resulting from a guarantee under Section 108 of
the Act by assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged to assessment made as a condition of obtaining
access to such public improvements,unless (i)funds received under Section 106 are used to pay
the proportion of such fee or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under this title;or(ii)for
purposes of assessing any amount against properties owned and occupied by persons of low
and moderate income who are not persons of very low income,the grantee certifies to the
Secretary or such State,as the case may be,that it lacks sufficient funds received under Section
106 to comply with requirements of clause (i).
M) It has or will develop a plan that identifies community development and housing needs,
including the needs of low and moderate income persons, and the activities to be undertaken to
meet such needs.
n) Its notification, inspection,testing and abatement procedures concerning lead-based paint will
comply with 24 CFR Part 35.
o) When issuing statements, press releases, request for proposals, bid solicitation and other
documents describing the above-mentioned program such as the environmental review,public
hearings,fair housing notices,etc., it shall clearly state:
1) the percentage of the total cost of the project which will be financed with CDBG money,
and
2) the dollar amount of CDBG funds for the project.
P)
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or
employee of any agency,a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan, the entering
into of any cooperative agreement,and the extension,continuation, renewal,
amendment,or modification of any Federal contract,grant, loan,or cooperative
agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal contract,grant,
loan,or cooperative agreement,the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,subgrants, and
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contracts under grant, loans,and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
q) It has adopted and will enforce a policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil
rights demonstrations and has adopted and is enforcing a policy of enforcing applicable state
and local laws against physically barring entrance to or exit from a facility or location which is
the subject of such nonviolent civil rights demonstration within its jurisdiction in accordance
with Section 519 of Public Law 101-144,(the 1990 HUD Appropriations Act).
r) All project areas are either not in a floodplain, or if the project area is in a floodplain,the
applicant participates in the flood insurance program. All properties assisted in the project will
be covered for flood insurance prior to beginning construction, and all public facilities will be
constructed to comply with applicable floodplain regulations.
CERTIFICATION OF ABILITY
Orange County hereby certifies its ability to meet Federal Performance and Procurement Requirements
with Certification as further expanded in the preceding attachments.
Name of Chief Elected
Official Barrylacobs
Title Chair,Orange County Board of Commissioners
Signature
Date
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STATE CDBG PROGRAM REGULATIONS
Citizen Participation
If funded,the grantee will have documentation on file of compliance with citizen participation
requirements in the application process 4 NCAC 19L. 1002 (b): publisher's affidavits of notices and
minutes signed by the town or county clerk of the two required public hearings.
Project Administration
➢ The grantee is responsible for CDBG oversight. If funded,the grantee will supervise the
implementation of the project as follows:
➢ The local government manager reviews and signs off on all project reports.
➢ The project administrator or local government staff will present and give at least quarterly
written status reports to the elected board. A signed copy of the quarterly report must be
submitted to the grant representative for review.
➢ At least two persons from the local government listed on the signatory cards will review and
sign off on invoices and requests for payment.
➢ Maintain all project files at the local government offices and make them available to citizens
during regular business hours.
Audits/Compliance
CDBG grantees expending$25,000 or more in a fiscal year are required to have funds audited for the
CDBG program. CDBG funds can be used to pay for the CDBG portion of the audit provided the grantee
has expended $500,000 or more in the fiscal year in total federal awards(CDBG and other federal
funds). If the grantee has expended less than$500,000 in total federal awards,the grantee may budget
local funds in the administrative line item in the CDBG application to pay for the CDBG portion of the
audit and claim the local administrative funds as local commitment.
Housing
Substantial Rehabilitation: Any rehabilitation cost above$40,000 per unit or 38 per square foot which
would include the Lead Based Paint cost and any other additional funds is considered substantial
rehabilitation and requires the prior approval of Cl.
Manufactured Homes Policy: Manufactured homes rehabilitated with CDBG funds must be converted
into real property(according to G.S. 105-273 paragraph 13)that is owned and occupied by the
homeowner prior to any rehabilitation.
The CDBG assistance must be secured by a Note and Deed of Trust at the time of rehabilitation. The
maximum amount that maybe spent rehabilitating a manufactured home is $20,000. No CDBG funds
may be spent to rehabilitate any manufactured home built prior to 1978.
In addition,the grantee will adhere to the following:
1. Adopt a financial design for rehabilitation that meets the minimum Cl criteria. The financial design
must be submitted to Cl for review.
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2. Prior to rehabilitating a house with a pit privy/outhouse or no wastewater disposal system, if public
sewer is unavailable, contact the local health department for a determination whether the property
can be permitted for an on-site wastewater system. If not,the family should be relocated.
3. Clear titles as required in the application.
4. Have houses inspected by a North Carolina licensed home inspector. Attach the summary from
each inspection to the NC Catalyst application.
5. Work with the State Health Hazard Control Unit and local government departments to comply with
federal and state lead-based paint requirements. In addition,ensure rehabilitation design will
address lead-based paint hazards.
6. Voluntary withdrawal from the program,document with evidence on file.
7. Establish and implement a home maintenance program to instruct occupants of rehabilitated
houses, including(1) maintenance of any on-site wastewater systems and/or wells or(2)
maintenance of newly installed indoor plumbing.
8. Install water saving devices in houses with on-site septic tanks. If facets need to be replaced install a
water saving device. See Bulletin 02-5, Low Flow Plumbing Fixtures
9. If undertaking voluntary clearance, document with evidence on file that property owners are aware
of and agree to voluntary clearance.
10. If undertaking rehabilitation,acquisition and/or clearance of dwellings, comply with state
notification,certification and disposal requirements for asbestos.
11. If acquiring property with a dwelling, maintain a plan for residential reuse of the residential
property.
12. If undertaking temporary or permanent relocation, budget adequate funds based on the costs of
housing in the area.
13. If abandoning outhouses or septic tanks, budget adequate funds to cover related costs in
accordance with state and local health department regulations.
14. Establish a written recipient referral procedure to address non-CDBG needs (i.e. social services,
credit counseling,employment etc.)
15. Low and moderate beneficiaries may not be charged for tap fees or assessments for water or sewer
improvements.
16. All items rehabilitated, if required under the building code, must be permitted and inspected.
17. Under procurement, and bid request for rehabilitation should include a section for estimated man
hours expended on the project. It should include both administration and labor.
Housing
When using CDBG funds for housing activities, if funded,grantee will adhere to the following:
Comply with the new Lead-Based Paint regulations 24 CFR Part 35,the Lead-Based Paint Poisoning
Prevention Act and the"Lead-Based Paint Hazard Reduction Guidelines for North Carolina Small Cities
Community Development Block Grant Recipients" published by Division of Community Investment.
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Program Income
If the local government makes a loan to the developer,a plan for reuse of funds will be developed
subject to Cl approval.
Legally Binding Commitment(LBC)
The local government will develop and execute a LBC with the non-profit or for profit developer subject
to Division of Community Investment requirements.
The applicant hereby assures and certifies that by his/her signature, its duly authorized official has
read and understands the State CDBG Program Standards and,if funded,will adhere to all standards
applicable to the funded project.
Name of Chief Elected Barrylacobs
Official
Title Chair,Orange County Board of Commissioners
Signature
Date
3
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Community Disclosure Report for Federally Assisted Projects
Small Cities - • •ment Block Grant Program
1. Applicant/Recipient Name, 2. Check one: x Initial Report
Address, and Phone: _ Update Report
Orange County
131 West Margaret Lane
Hillsborough, NC 27278
919-245-2575
3. Social Security Number or
Employer ID Number:
4. Project Name and Location:
Morinaga America Foods, Inc. Infrastructure
Wilson Property—Accessed from Ben Wilson Road
5. Total Amount requested/received (including anticipated program income): $750,000
6. Other Government Assistance. Check one:
X No other government assistance is, or is expected to be, provided for this project.
_All other government assistance provided for this project is listed on the attached page(s).
7. Interested Parties. Check one:
X No parties have a reportable financial interest in this project. Interested parties include
developers, contractors, consultants, individuals, entities including units of government with a
financial interest greater than$50,000 or 10 percent of the assistance(whichever is lower; being
a party to a contract procured under Federal procurement regulations at 24 CFR Part 85 does
not, by itself, constitute a reportable financial interest).
All parties with a reportable financial interest are listed on the attached page(s).
8. Other Government Assistance (Attachment)
Note: Disclosures must be complete and accurate, but need be made only once for this report.
If assistance is reported in the Sources and Uses disclosure section, then it need not also be
reported here. If there is assistance reportable here, but reported only in the Sources and Uses
disclosure, check here:
Assistance is disclosed in Sources and Uses Attachments
Amount
Agency Name and Address Program and Type of Assistance Requested/Received
9. Certification:
I hereby certify that all information in this report and its attachments is true and complete.
Chair, Orange County Board of Commissioners Date
CDBG-ED Disclosure Section 21
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Recipient's Plan to Further Fair Housing '
Grants 10-C-2155 and 10-C-2125
Grantee: Orange County,NC
PO Box 8181
Recipient's Address: Hillsborough,NC 27278
Contact Person: Shoshannah Sayers Contact Phone#: (919)245-2499
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Contact Email: ssayers @co.orange.nc.us TDD#: (919) 644-3045
I. Indicate if the Recipient will be affirmatively furthering fair housing for the
first time or has implemented specific activities in the past.
First Time x Past Activities
II. Identify and analyze obstacles to affirmatively furthering fair housing
in recipient's community. (Use additional pages as necessary)
A March 2011 "Analysis of Impediments to Fair Housing Choice for Orange
County, North Carolina"report identifies that the most substantial impediments to fair
housing choice in Orange County emanate from a combination of both the public and
private sectors.Transportation issues,lack of choice in affordable rental housing and an
overall lack of general education about citizens' rights as it relates to fair housing choice
and its laws and regulations are the overarching impediments discovered in Orange
County.
The impediments noted in the report are the result of zoning and regulatory issues
(which are the purview of four(4) separate local governments), cost and availability of
land, lack of fair housing education, and lack of transportation and infrastructure. As
such, creating more affordable housing units alone will not repair these findings nor will
it create more integrated, diverse communities. Public outreach and education are
therefore essential to resolve these issues. For these reasons,this plan focuses on fair
housing outreach and education.
III. Will the above activities apply to the total municipality or county?
Yes_x_ No If no,provide an explanation.
(Use additional pages as necessary)
IV. Briefly describe the quarterly activities that the recipient will undertake over
the active period of the grant to affirmatively further fair housing in their
community. A time schedule and estimated cost for implementation of these
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activities must be included. Activities must be scheduled for implementation at
least on a quarterly basis. (Use attached table)
Grantee: Orange County,NC
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Quarterly Fair Housing Activity Months Year Estimated Actual
Cost Cost
Example: Establish FH policy, Complaint Procedure Jan-Mar. 20xx $xxxx _
Review and edit Al for final publication in March Jan-Mar 2011 $0 f
2011. Develop Fair Housing Action Plan based on
information in the Al.
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April is Fair Housing Month. Create outreach April- 2011 $0
activities around this theme. June
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Develop Fair Housing outreach print materials and July-Sept 2011 $100 "
begin circulating to clients and community members Printing j
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Initiate a publicity campaign to inform Orange County Oct-Dec 2011 $1,000
residents who feel they have been victims of housing Printing/
discrimination,that they can file a complaint with the advertising
Orange County Human Relations Commission. !
Produce and advertise Fair Housing Public Service Jan- 2012 $0 (free
Announcement(PSA)in English and Spanish and March PSA for
other languages as required by Title VI utilizing radio and
various.local media outlets. TV)
April is Fair Housing Month. Create outreach April- 2012 $200
activities around this theme. June
Publicity campaign to inform Orange County residents July-Sept 2012 $200
who feel they have been victims of housing Printing/
discrimination,that they can file a complaint with the advertising
Orange County Human Relations Commission.
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Attend local community events (street fairs, Oct-Dec 2012 $300
community-building events, etc.)to distribute Registration
information about Fair Housing fees for
events
Distribute Fair Housing educational materials through Jan- 2013 $100
the Orange County Library in English and Spanish and March Printing
other languages as required by Title VI
April is Fair Housing Month. Create outreach Aril- 2013 $0
2
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activities around this theme. June
Publicity campaign to inform Orange County residents July-Sept 2013 $100 i
who feel they have been victims of housing Printing/
discrimination, that they can file a complaint with the advertising
Orange County Human Relations Commission.
Provide training and educational sessions for renters, Oct-Dec 2013 $0
Ieasing agents, home builders, and community groups
regarding housing diversity and the law.
V. Describe recipient's method of receiving and resolving housing
discrimination complaints. This may be either a procedure currently being
implemented or one to be implemented under this CDBG grant.Include a
description of how the recipient informs the public about the complaint j
procedures. (Use additional pages as necessary)
The Orange County Human Relations Commission(The Commission)has been
granted Substantial Equivalency by the U.S. Department of Housing and Urban
Development (HUD).Thus,The Commission conducts independent investigations
of fair housing complaints with oversight and support directly from HUD. The
following enforcement implementation method is part of the Orange County Civil
Rights Ordinance and has been accepted by HUD as substantially equivalent to
federal fair housing investigation standards.
(Orange County Civil Rights Ordinance,Article VIII Section 8.1)
(a) Any person who claims to have been injured, or claims he or she is currently
injured, or who reasonably believes that he or she will be injured,by a violation
of their Fair Housing rights may file a Complaint with the Commission.
(b) Complaints shall be in wiring, signed and verified by the Complainant.
Complaints shall state the facts upon which the allegation of an unlawful
discriminatory practice is based and shall contain such other information and
be in such form as the Commission requires.
(c) A Complaint must be filed with the Commission.no later than one (1)year
from the date of the occurrence, or cessation of the alleged unlawful practice.
(d) The Commission staff shall serve upon the Respondent and Complainant, in
accordance with the North Carolina Rules of Civil Procedure, a copy of the
Complaint and a notice advising the Respondent and Complainant of his or her
procedural rights and obligations under this ordinance within ten (10) days after
the Complaint is filed with the Commission.
(e) A Respondent may file an answer to the Complaint within ten (10) days after
receiving a copy of the Complaint. Answers shall be signed and verified by the
Respondent and shall be filed with the Commission.
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(f) With leave of the Commission staff, which leave shall be granted whenever it
would be reasonable and fair to do so, Complaints and Answers may be
amended at any time. Amendments shall be reduced to writing, signed,
verified, and filed with the Commission. Amendments shall relate back to the
date the original Complaint or Answer was filed.
(g) The Commission staff shall, within 30 days after the filing of a Complaint,
commence an investigation into the allegations contained in the Complaint.
(h) In.conducting an investigation, the Commission staff shall have access at all
reasonable times to premises,records, documents, individuals, and other
evidence or possible sources of evidence to ascertain the factual basis of the
allegations contained in the Complaint...
(m) Complaints may be resolved at any time by informal conference, conciliation,
or persuasion.Nothing said or done in the course of such informal procedure
may be made public by the Commission or used as evidence in any subsequent
proceedings without the written consent of the person concerned. However,all
resolutions of complaints shall be reduced to writing, shall be signed by the
Complainant,the Respondent, and the Commission staff and shall be
enforceable as a binding contract by the Commission pursuant to the applicable j
provisions of North Carolina law, statutory and common.
Approved By:
Name and Title of Signatu Date
Chief Elected or Executive Officer
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Update to Previously Approved Recipient's
Plan to Further Fair Housing
Orange County, NC
Recipient Grant Number
Shoshannah Sayers (919 ) 245-2499
Contact Person Telephone Number
A. Review of Fair Housing Plan approved May 9, 2011
date
1. Housing Discrimination Complaint Procedure
a. Procedure is in place for all citizens to use:
X Yes No
b. Indicate method used to notify public and availability of complaint
procedure:
The County has engaged in publicity campaigns to inform citizens
of Fair Housing practices and the complaint procedure.
C. If applicable, describe any changes made to the procedure since
Plan approved:
2. Approved Activity(ies) (Attach additional pages as necessary.)
Date(s) activity
List completed/on-going activity(ies) completed/implemented
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Quarterly Fair Housing Activity Months Year
Example:Establish FH policy, Complaint Procedure Jan-Mar. 20xx
Review and edit Al for final publication in March Jan-Mar 2011
2011.Develop Fair Housing Action Plan based on
information in the Al.
April is Fair Housing Month.Create outreach April- 2011
activities around this theme. June
Develop Fair Housing outreach print materials and July-Sept 2011
begin circulating to clients and community members
Initiate a publicity campaign to inform Orange County Oct-Dec 2011
residents who feel they have been victims of housing
discrimination,that they can file a complaint with the
Orange County Human Relations Commission.
Produce and advertise Fair Housing Public Service Jan- 2012
Announcement(PSA)in English and Spanish and March
other languages as required by Title VI utilizing
various.local media outlets.
April is Fair Housing Month.Create outreach April- 2012
activities around this theme. June
Publicity campaign to inform Orange County residents July-Sept 2012
who feel they have been victims of housing
discrimination,that they can file a complaint with the
Orange County Human Relations Commission.
Attend local community events(street fairs, Oct-Dec 2012
community-building events,etc.)to distribute
information about Fair Housing
Distribute Fair Housing educational materials through Jan- 2013
the Orange County Library in English and Spanish and March
other languages as required by Title VI
April is Fair Housing Month.Create outreach April- 2013
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activities around this theme. June
Publicity campaign to inform Orange County residents July-Sept 2013
who feel they have been victims of housing
discrimination,that they can file a complaint with the
Orange County Human Relations Commission.
Provide training and educational sessions for renters, Oct-Dec 2013
leasing agents,home builders,and community groups
regarding housing diversity and the law.
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B. Fair Housing Plan Update
A recipient with an approved Fair Housing Plan must submit an updated Plan
showing an incremental level of activity(ies) to further fair housing if(1) the
approved Plan has scheduled activities for only one year instead of the entire
active period of the grant; or (2) the current Plan was approved less than one
year from a recipient's new award, the current Plan must be updated on the
anniversary date of its approval.
List new activity(ies) and give time schedule
(Attach additional pages as necessary.)
1St Quarter/January-March 2014- the County will distribute Fair Housing materials through
the Orange County Library in English and Spanish and other languages as required by Title VI.
22 Quarter/April-June 2014 April is Fair Housing Month. Create outreach activities around
this theme.
3rd Quarter/July-September 2014—Attend local community events (street fairs, community-
building events, etc.) to distribute information about Fair Housing.
4th Quarter/October-December 2014—produce and advertise Fair Housing Public Service
Announcement(PSA) in English and Spanish and other languages as required by Title VI
utilizing various local media outlets.
APPROVED BY: Barry Jacobs
Name Board Chair
Signature of Board Chair
Chair, Orange County Board of Commissioners
Title
Date
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Local Economic Benefit for Low- and Very Low-Income Persons Plan
To ensure that,to the greatest extent possible, contracts for work are awarded to business
concerns located or owned in substantial part by persons residing in the Section 3 covered area,
as required by Section 3 of the Housing and Urban Development Act of 1968, Orange County
has developed and hereby adopts the following Plan:
This Section 3 Plan shall apply to services needed in connection with the grant including,but not
limited to,businesses in the fields of planning, consulting, design,building
construction/renovation,maintenance and repair,etc.
This Section 3 covered project area for the purposes of this grant program shall include Orange
County and portions of the immediately adjacent area.
When in need of a service, Orange County will identify suppliers, contractors or subcontractors
located in the Section 3 area. Resources for this identification shall include the Minority
Business Directory published through the State Department of Commerce, local directories and
Small Business Administration local offices. Word of mouth recommendation shall also be used
as a source.
Orange County will include this Section 3 clause in all contracts executed under this CDBG
Program. Where deemed necessary, listings from any agency noted above shall be included as
well as sources of subcontractors and suppliers.
The prime contractor selected for major public works facility or public construction work will be
required to submit a Section 3 Plan which will outline his/her work needs in connection with the
project. Should a need exist to hire any additional personnel,the Orange County Employment
Security Commission shall be notified and referred to the contractor.
Each contract for housing rehabilitation under the program, as applicable, for jobs having
contracts in excess of$100,000 shall be required to submit a Section 3 Plan. This Plan will be
maintained on file in the grant office and shall be updated from time to time or as the grant staff
may deem necessary.
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Early in our project,prior to any contracting,major purchases or hiring,we will develop a listing
of jobs, supplies and contracts likely to be utilized during the project. We will then advertise in
our local newspaper an advertisement,prominently located as a display advertisement,the
pertinent information regarding the project including all Section 3 required information.
Adopted this day of ,20_.
Chair, Board of County Commissioners
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Orange County
Equal Employment and Procurement Plan
Orange County maintains the policy of providing equal employment opportunities for all persons
regardless of race, color, religion, sex,national origin,handicap, age,political affiliation, or any
other non-merit factor,except where religion, sex,national origin, or age are bona fide
occupation qualifications for employment.
In furtherance of this policy,the County prohibits any retaliatory action of any kind taken by any
employee of the locality against any other employee or applicant for employment because that
person made a charge,testified, assisted or participated in any manner in a hearing,proceeding
or investigation of employment discrimination.
The County shall strive for greater utilization of all persons by identifying previously
underutilized groups in the workforce, such as minorities,women, and the handicapped,and
making special efforts toward their recruitment, selection,development and upward mobility and
any other term,condition, or privilege of employment.
Responsibility for implementing equal opportunities and affirmative action measures is hereby
assigned to the Chair of the County Commission to assist in the implementation of this policy
statement.
The County shall development a self-evaluation mechanism to provide for periodic examination
and evaluation. Periodic reports as requested on the progress of Equal Employment Opportunity
and Affirmative Action will be presented to the Chair of the County Commission.
The County is committed to this policy and is aware that with its implementation,the County
will receive positive benefits through the greater utilization and development of all its human
resources.
Adopted this day of 520 .
Chair, County Board of Commissioners
ATTEST:
(Clerk)
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ORANGE COUNTY
CITIZEN PARTICIPATION PLAN
FOR
HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS
PURPOSE
The purpose of this Citizen Participation Plan is to set forth a process that will give citizens an
opportunity to participate in an advisory role in developing applications for funding, program
implementation, monitoring and evaluation of Orange County housing and community
development programs. This plan is written in accordance with NC Community Development
Block Grant Regulations found at 4 NCAC 19L.1002 Citizen Participation as well as
Consolidated Plan regulations found in 24 CFR Section 91.105.
The Orange County Board of Commissioners adopted the original Citizen Participation plan on
December 5, 1988 and in August 1996, the Plan was amended to specifically reference the
Consolidated Plan requirements and to broaden the applicable programs and/or activities beyond
the Community Development Program.
The Plan was again presented to the Orange County Board of Commissioners for renewal, un-
amended, in November 2013.
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STATEMENT OF INTENT
The County of Orange recognizes that citizen participation is an essential component in the
planning and development of our housing and community development programs. It is our intent
to provide citizens with adequate information and opportunity to participate in every aspect of
our program. Specifically, the goals of the plan include the following:
1. Provide for the institution and operation of a Citizen Participation process whereby
citizen representatives adequately reflect the geographic areas and social, ethnic and
economic groups of the County.
2. Provide for continuing direct access for citizen representatives to the Board of
Commissioners, the County Manager and other County staff in order to increase citizen
involvement and contributions in the Community Development process.
3. Provide citizens with timely and current information concerning public resources, plans
and programs for the utilization of these resources and other activities afforded the
citizens.
4. Provide the Board of Commissioners, the County Manager and other County and Town
officials with timely and current information regarding citizens' needs,plans,projects,
relative priorities and recommendations for action by the County.
STANDARDS FOR CITIZEN PARTICIPATION
The County shall provide a process for citizen participation at the county and/or neighborhood
level, as appropriate,which shall include the following:
1. All aspects of citizen participation shall be conducted in an open manner,with freedom of
access for all interested persons.
2. Low and moderate income citizens, members of minority groups, special population
groups residents of neighborhood revitalization areas or others directly affected by
proposed housing and community development programs shall be encouraged to
participate in the various phases of program development and implementation. Persons
of low and moderate income who are residents of slum and blight areas will also be
encouraged to participate in program development and implementation.
3. All reasonable efforts shall be taken to ensure continuity of participation by citizens and
citizen organizations throughout various stages of program development and
implementation.
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4. Reasonable and timely access to local meetings, information and records related to
the County's proposed and actual use of federal and state funding will be provided
to citizens to facilitate their meaningful participation.
5. All citizens shall be provided an opportunity to submit their views and proposals during
all phases of program design and implementation.
6. Ethnic and culturally diverse members of the community shall be encouraged to
participate on any countywide or community based advisory committees established in
conjunction with housing and community development activities.
PROCESS OF CITIZEN PARTICIPATION
The County shall provide adequate information to citizens, hold public hearings to obtain views
regarding application development and program implementation, and provide citizens with an
opportunity to comment of program performance. The role of citizens will be specified in this
Plan. The Housing and Community Development Department, under the direction of the County
Manager, has primary responsibility for administering housing and community development
programs in the County. Therefore,this department shall facilitate citizen participation as
outlined below.
PROGRAM/PLAN DEVELOPMENT
CONSOLIDATED PLAN
During the development of the Consolidated Plan, the County will consult the local public
housing authorities, residents of public and assisted housing developments, local housing
development non-profit agencies as well as other interested citizens to assess the housing needs
of the community. A public hearing will be held to provide an opportunity for the public to
provide their assessment of housing needs and priorities prior to publishing the proposed
Consolidated Plan.
A summary of comments received in writing or orally at the public hearings will be prepared and
attached to the final Consolidated Plan.
After this hearing, the County will make available the Proposed Consolidated Plan for Orange
County for public comment for a period, not less than thirty (30) days. Notice regarding the
location of the Plan document and the process for commenting will be provided to the
abovementioned groups by individual mailings and to the general public by advertisement in the
Chapel Hill Herald/The Herald-Sun.At a minimum, a copy of the document will be placed in the
Chapel Hill Library and the Orange County Library. The document will also be available for
review on the County's internet site. Special attention will be given to making reasonable
accommodations to provide the plan document to persons with disabilities upon request.
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A summa ry of comments received during the comment period will be prepared and attached to
the final Consolidated Plan.
CONSOLIDATED PLAN AMENDMENTS
The Consolidated Plan may be amended for the following reasons:
1. To make a change in its allocation priorities or a change in the method of
distribution of funds;
2. To carry out an activity, using funds from any program covered by the
Consolidated Plan not previously described in the Action Plan;
3. To change the purpose, scope, location, or beneficiaries of an activity.
A substantial amendment is considered to be Item #1. In this case, a public hearing will be held
to provide an opportunity for the public to respond to the proposed amendment prior to HUD
submission. All other changes shall be considered non-substantial and will be communicated to
County and Town officials for their review and approval prior to submission to HUD.
A summary of comments received in writing or orally at the public hearing will be prepared and
attached to the Consolidated Plan Amendment submitted to HUD.
SMALL CITIES COMMUNITY DEVELOPMENT PROGRAM
Prior to the development of a Community Development Application, a public hearing will be
held to receive comments from the public regarding community needs. All comments received
will be considered in designing an application that meets the County's needs.
A second public hearing will be held after the application has been prepared, but, before
submission to the appropriate state agency.
PROGRAM IMPLEMENTATION
Continuity of participation shall be provided through the Community Development Advisory
Committee which is composed of citizen representatives of the community and which is
reflective of the diversity present in Orange County. This committee is appointed by the Orange
County Board of Commissioners and is responsible for monitoring the County's housing and
community development programs. Also, Periodic public meetings may be held to disseminate
important programmatic information such as major regulation changes.
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PERFORMANCE ASSESSMENT
Within sixty days of the end of the federal fiscal year, the County will prepare an Annual
Performance Report for submission to HUD. A public hearing will be held to provide citizen
comments regarding the organization's performance prior to submission of the report to HUD.
In addition, the Performance Report will be made available in each town in the County for public
review and comment for a minimum period of 15 days not to exceed 30 days.
Notice regarding the location of the Plan document and the process for commenting will be
provided to the abovementioned groups by individual mailings and to the general public by
advertisement in the Chapel Hill Herald/The Herald-Sun. Special attention will be given to
making reasonable accommodations to provide the plan document to persons with disabilities
upon request.
MEETINGS AND PUBLIC HEARINGS
All Housing and Community Development related meetings and public hearings shall be timely,
held at convenient times and at readily accessible locations. A notice of meetings and public .
hearings will be published in the Chapel Hill Herald/Herald-Sun as well as delivered to citizen
groups and social service agencies. These meetings and public hearings shall provide for broad
citizen participation and make possible arrangements for full involvement by the handicapped,
elderly, and other special populations. Minutes or summaries that record the content of all public
hearings shall be retained by Orange County. Additionally, any questions posed regarding
community development plans and projects will be responded to in writing no later than 10
days after receipt of the question(s).
All public.hearing notices shall be published in accordance with applicable Federal and/or State
regulations. Unless superseded by these regulations, all notices shall be published a minimum of
ten (10) calendar days but not more than 25 days prior to the public hearing. Such notices shall
be published a minimum in The Chapel Hill Herald/Herald-Sun and will indicate the time,
location, date,procedures, and topics to be discussed.
The Orange County ADA Coordinator may be contacted to make reasonable accommodations
under the Americans with Disabilities Act. Additionally, the County will make available
interpreter services to meet the needs of non-English speaking residents when a significant
number of non-English speaking residents are expected to participate.
TECHNICAL ASSISTANCE
Resources must be made available to provide technical assistance to group's representative of
low and moderate-income persons that request such assistance. The assistance may range form
grant writing seminars to help in establishing a non-profit organization.
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COMPLAINTS
A complaint is "a claim concerning any action on the part of a department or contract agency or
firm involved in carrying out the County's housing and community development programs based
upon an event or condition which affects the circumstances under which a citizen lives, allegedly
caused by misinterpretation, unfair application, violation of contract or lack of established policy
pertaining to program implementation and which the complainant feels infringes upon the health,
safety, welfare or right to due process for himself/herself or his/her family, property or personal
possessions.
A citizen may file a written or verbal complaint regarding the Consolidated Plan, its
amendments, the Annual Performance Report, and/or any County administered Community
Development Block Grant (CDBG) program activity. In addition, a resident beneficiary of
County administered housing and community development programs may file a written or verbal
complaint to the County Housing and Community Development Department. Within five (5)
working days the Department shall respond in writing to the complaint.
If the complainant is dissatisfied with the response, he or she can appeal in writing to the Orange
County Manager. The County Manager has ten (10) working days to respond in writing to the
complaint. The decision of the County Manager shall be final.
ACCESS TO RECORDS
The County shall provide full public access to program information and will make good faith
efforts to keep citizens informed, consistent with the rights of privacy and obligations of
confidentiality.
Program files regarding program utilization and are located in the office of Orange County
Housing and Comity Development office and are available upon request. Further, copies of the
Consolidated Plan are kept in each Public Library in the county and will be made available on
governmental web sites as technologically possible.
EFFECTIVE DATE
This plan supersedes all previously written Citizen Participation Plans. The Board of
Commissioners must approve all future amendments to this plan.
Adopted this day of ,20_.
Chair, County Board of Commissioners
ATTEST:
(Clerk)
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Instructions
1. By signing and submitting this form,the prospective participant is providing the
certification set out on the Certification Regarding Debarment,Suspension and
Other Responsibility Matters"in accordance with these instructions.
2. Consequences of False Certification-The certification is a material representation
of fact upon which reliance was placed when this transaction was entered into. If
it is later determined that the prospective participant knowingly rendered an
erroneous certification,in addition to other remedies available to the Federal
Government,the department or agency with which this transaction originated may
pursue available remedies,including suspension and/or debarment.
3. Errors in Certifying.-The prospective participant shall provide immediate written
notice to the person to which this proposal is submitted if,at any time,the
prospective participant learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
4. Definitions and Further Guidance-The terms"covered transaction,""debarred,"
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suspended,„"ineligible,”"lower tier covered transaction,""participant," �
"person,""primary covered transaction,""principal,""proposal,"and"voluntarily
excluded,"as used in this clause have the meanings set out in the Definitions and
Coverage section of rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assistance in obtaining a
copy of those regulations or you may refer to the Federal Register,Vol.70,No.
168,pages 51863—51880.
5. Certification Extends to Subcontractors-The prospective participant agrees by
submitting this form that,should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred,suspended,declared ineligible,or voluntarily excluded from
participation in this covered transaction;unless authorized by the department or
agency with which this transaction originated.
6. Certification Included in Subcontracts-The prospective participant further agrees
by submitting this form that it will include this clause titled"Certification
Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction,"without modification in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. Reliance on Certification-A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered transaction that is
not debarred,suspended,ineligible,or voluntarily excluded from the covered
transition,unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its
principals. Each participant may,but is not required to,check the
Nonprocurement List.
CDBG-ED Debarment Certification Form Section 33
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8. New System of Records Not Required-Nothing contained in the foregoing
should be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
9. Consequences for Use of Ineligible Subgrantees-Except for transactions
authorized under paragraph 5 of these instructions,if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person
who is suspended,debarred,ineligible,or voluntarily excluded from participation
in this transaction,in addition to other remedies available to the Federal
Government,the department or agency with which this transaction originated may
pursue available remedies including suspension and/or debarment.
CDBG-ED Debarment Certification Form Section 33
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CERTIFICATIONS REGARDING DEBARMENT,SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below.Applicants should also review the instructions for certification
included in the regulations before completing this form,signature on this form provides for compliance with
certificationrequirements implementing Federal Executive Order 12549 and guidance issued in the Federal Register,
Volume 70,No, 168,pages 51863 through 51880 for "Governmentwide Debarment and Suspension(Nonprocurement)"
The certification shall be treated as a material representation of fact upon which reliance will be placed when the
Department of Commerce determines to award the covered transaction,grant or cooperative agreement.
1. DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS
As required by Executive Order 12549,Debarment and Suspension,for prospective participants in primary
covered transactions.
(1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from covered transactions by a Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public(Federal,State or local)transaction or contract under a public
transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,
bribery,falsification or destruction or records,making false statements,or receiving stolen property:
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal,State or local)with commission of any of the offenses enumerated in paragraph(1}(b)of this
certification;and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions(Federal,State,or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above
applicable certification(s).
NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME
Orange County,NC Morinaga America Foods, Inc. Infrastructure
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Mr. Barry Jacobs, Chair, Orange County Board of Commissioners
SIGNATURE DATE
CDBG-ED Debarment Certification Form Section 33
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Language Access Plan
Orange County Housing, Human Rights and Community Development Department
The purpose of this Policy and Plan is to ensure compliance with Title VI of the Civil
Rights Act of 1964,and other applicable federal and state laws and their implementing
regulations with respect to persons with limited English proficiency(LEP). Title VI of
the Civil Rights Act of 1964 prohibits discrimination based on the ground of race, color
or national origin by any entity receiving federal financial assistance. Administrative
methods or procedures,which have the effect of subjecting individuals to discrimination
or defeating the objectives of these regulations,are prohibited.
In order to avoid discrimination on the grounds of national origin, all programs or
activities administered by the Orange County Housing, Human Rights and Community
Development Department must take adequate steps to ensure that their policies and
procedures do not deny or have the effect of denying LEP individuals with equal access
to benefits and services for which such persons qualify. This Policy defines the
responsibilities the agency has to ensure LEP individuals can communicate effectively.
This policy and plan is effective September 30,2010.
I. Scope of Policy
These requirements will apply to the Orange County Housing,Human Rights and
Community Development Department(herein referred to as"the agency")including
subcontractors,vendors, and subrecipients.
The agency will ensure that LEP individuals are provided meaningful access to benefits
and services provided through contractors or service providers receiving subgrants from
the agency.
H. Definitions
A. Limited English Proficient(LEP) individual—Any prospective,potential, or
actual recipient of benefits or services from the agency who cannot speak, read,
write or understand the English language at a level that permits them to interact
effectively with health care providers and social service agencies.
B. Vital Documents—These forms include,but are not limited to, applications,
consent forms,all compliance plans,bid documents, fair housing information,
citizen participation plans, letters containing important information regarding
participation in a program; notices pertaining to the reduction, denial,or
termination of services or benefits,the right to appeal such actions, or that require
a response from beneficiary notices advising LEP persons of the availability of
free language assistance, and other outreach materials.
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C. Title VI Compliance Officer: The person or persons responsible for compliance
with the Title VI LEP policies.
D. Substantial number of LEP: 5%or 1,000 people,whichever is smaller, are
potential applicants or recipients of the agency and speak a primary language
other than English and have limited English proficiency.
III. Providing Notice to LEP Individuals
A. The agency will take appropriate steps to inform all applicants,recipients,
community organizations, and other interested persons, including those whose
primary language is other than English, of the provisions of this policy. Such
notification will also identify the name, office telephone number, and office
address of the Title VI compliance officer.
The current name, office telephone number and office address of the Title VI
compliance officer appears below:
Marlyn Henriquez Valeiko, LEP Specialist
300 W. Tryon Street
Hillsborough,NC 27278
(919)245-2490
B. The agency will post and maintain signs in regularly encountered languages other
than English in waiting rooms,reception areas and other initial points of contact.
These signs will inform applicants and beneficiaries of their right to free language
assistance services and invite them to identify themselves as persons needing such
services. These signs will be posted in the lobby and intake office of both our
Chapel Hill and Hillsborough locations.
C. The agency will include statements of the right to free language assistance in
Spanish and other significant languages in all outreach material that is routinely
disseminated to the public(including electronic text).
D. The agency will also disseminate information in the following manner:
Bilingual LEP Specialist Marlyn Henriquez Valeiko will do outreach with LEP
communities. This will be accomplished by utilizing opportunities at local fairs
and festivals, inter-departmental outreach in collaboration with Social Services,
information available on the website, and through the development of LEP-
accessible brochures.
IV. Provision of Services to LEP Applicants/Recipients
A. Assessing Linguistic Needs of Potential Applicants and Recipients
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1. The agency will assess the language needs of the population to be served,
by identifying:
a. the language needs of each LEP applicant/recipient
b. the points of contact where language assistance is needed; and
C. the resources needed to provide effective language assistance,
including location, availability and arrangements necessary for
timely use.
2. Determining the Language Needs of the Population to be Served
The agency is responsible for assessing the needs of the population to be
served. Such assessment will include,but not be limited to the following:
a. The non-English languages that are likely to be encountered in its
program will be identified.
b. An estimate of the number of people in the community for whom
English is not the primary language used for communication will
be completed and updated annually. To identify the languages and
number of LEP individuals local entities should review:
i. census data
ii. school system data
iii. reports from federal, state, and local governments
iv. community agencies' information,and
V. data from client files
C. The points of contact in the program or activity where language
assistance is likely to be needed will be identified.
3. Determining the Language Needs of Each Applicant/Recipient
The agency will determine the language needs of each applicant/recipient.
Such assessment will include,but not be limited to the following:
a. At the first point of contact, each applicant/recipient will be
assessed to determine the individual's primary language. The
method used will be multi-language identification cards, a poster-
size language list,or the use of"I speak"peel-off language
identification cards for indicating preferred languages
b. If the LEP person does not speak or read any of these languages,
the agency will use a telephone interpreting service to identify the
client's primary language.
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C. Staff will not solely rely on their own assessment of the applicant
or recipient's English proficiency in determining the need for an
interpreter. If an individual requests an interpreter, an interpreter
will be provided free of charge. A declaration of the client will be
used to establish the client's primary language.
d. When staff place or receive a telephone call and cannot determine
what language the other person on the line is speaking,a telephone
interpreting service will be utilized in making the determination.
e. If any applicant/recipient is assessed as LEP,they will be informed
of interpreter availability and their right to have a language
interpreter at no cost to them with a notice in writing in the
languages identified in Section C.Provisions of Written
Translations.
B. Provision of Bilingual/Interpretive
Services
1. The agency will ensure that effective bilingual/interpretive services are
provided to serve the needs of the non-English speaking population. The
provision of bilingual/interpretive services will be prompt without undue
delays. In most circumstances,this requires language services to be
available during all operating hours.
This requirement will be met by LEP Specialist Marlyn Henriquez
Valeiko,who is fluent in Spanish. Ms. Valeiko is available to assist staff
in all sections of the agency with their interactions with LEP customers.
The agency also uses a Language Line to assist LEP customers speaking
languages other than Spanish.
2. The agency will provide language assistance at all levels of interaction
with LEP individuals, including telephone interactions.
On-site interpreters will be used when possible. When an on-site
interpreter is not available,the agency will use certified interpreters
through the Language Line.
3. Interpreter Standards
a. Those providing bilingual/interpretive services will meet the
linguistic and cultural competency standards set forth below. The
agency will ensure that interpreters and self-identified bilingual
staff,have first been screened to ensure that the following
standards are met before being used for interpreter services:
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i. Can fluently and effectively communicate in both English
and the primary language of the LEP individual
ii. Can accurately and impartially interpret to and from such
languages and English
iii. Has a basic knowledge of specialized terms and concepts
used frequently in the provision of the agency's services
iv. Demonstrates cultural competency
V. Understands the obligation to maintain confidently
Vi. Understands the roles of interpreters and the ethics
associated with being an interpreter
The agency ensures the competency of bilingual staff and
interpreters through a Spanish Assessment Tool that measures both
linguistic aptitude and cultural competency.Language Line
interpreters are independently trained and certified.
b. When staff members have reason to believe that an interpreter is
not qualified or properly trained to serve as an interpreter,the staff
member will request another interpreter.
4. Using Family Members or Friends as Interpreters
a. Applicants/recipients may provide their own interpreter; however
the agency will not require them to do so.
b. The agency will first inform an LEP person, in the primary
language of the LEP person, of the right to free interpreter services
and the potential problems for ineffective communication. If the
LEP person declines such services and requests the use of a family
member or friend,the agency may utilize the family member or
friend to interpret only if the use of such person would not
compromise the effectiveness or services or violate the LEP
person's confidentiality. The agency will monitor these
interactions and again offer interpreter services, if it appears there
are problems with this arrangement.
C. The agency will indicate in the LEP individual's file that an offer
of interpreter services was made and rejected;that the individual
was informed of potential problems associated with using friends
or family members and the name of the person serving as an
interpreter at the LEP individual's request.
d. Only under extenuating circumstances shall the agency allow a
minor(under the age of 18 years)to temporarily act as an
interpreter. The agency will keep a written record of when it has
used a minor as an interpreter, and this information will be shared
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with the NC Department of Community Assistance (DCA)upon
request.
5. The agency will not require the applicant/recipient to pay for
bilingual/interpretive services.
C. Provision of Written Translations
1. The agency must provide written materials in languages other than English
where a substantial number or percentage of the population eligible to be
served or likely to be directly affected by the program needs services or
information in a language other than English to communicate effectively.
2. Translation of Vital Documents
a. The agency will ensure that vital documents for locally designed
programs are translated into Spanish.
b. When DCA forms and other written material contain spaces in
which the local entity is to insert information,this inserted
information will also be in the individual's primary language.
When such forms are completed by applicants/recipients in their
primary language,the information must be accepted.
C. If, as a result of the local language assessment, it appears there are
a substantial number of potential applicants or recipients of the
agency(defined as 5%or 1,000 people whichever is less)who are
LEP and speak a language other than Spanish,the agency will
translate and provide vital documents in the appropriate language.
d. The agency will keep a record of all vital documents translated,
and will submit this information to DCA at their request.
3. If the primary language of an LEP applicant or recipient is a language
other than Spanish AND the language does not meet the threshold for
translation as defined in the preceding paragraph,the LEP individual will
be informed in their own language of the right to oral translation of written
notices. The notification will include, in the primary language of the
applicant/recipient,the following language: IMPORTANT: IF YOU
D HELP IN READING THIS,,ASK THE AGENCY FOR AN
INTERPRETER TO HELP. AN INTERPRETER IS AVAILABLE FREE
OF CHARGE.
D. Documentation of Applicant/Recipient Case Records
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1. The agency will maintain case record documentation in sufficient detail to
permit a reviewer to determine the agency's compliance with this policy.
2. The agency will ensure that case record documentation, including
computerized records if appropriate, identifies the applicants/recipient's
ethnic origin and primary language. In those cases where the
applicant/recipient is non-English speaking, the agency will:
a. Document the individual's acceptance or refusal of forms or other
written materials offered in the individual's primary language.
b. Document the method used to provide bilingual services,e.g.,
assigned worker is bilingual, other bilingual employee acted as
interpreter,volunteer interpreter was used, or client provided
interpreter. When a minor is used as interpreter,the agency will
document the circumstances requiring temporary use of a minor
and will provide this information to DCA upon request.
3. Consent for the release of information will be obtained from
applicants/recipients when individuals other than agency employees are
used as interpreters and the case record will be so documented.
E. Staff Development and Training
1. The agency will provide staff training at new employee orientation and
continuing training programs. The training will include,but not be limited
to:
a. Language assistance policies and procedures,resources available to
support such procedures, methods of effective use of interpreters,and
familiarization with the discrimination complaint process.
b. Cultural awareness information, including specific cultural
characteristics of the groups served by the agency to provide a better
understanding of,and sensitivity to,the various cultural groups to
ensure equal delivery of services.
2. The agency will provide or ensure training is provided for bilingual staff
and interpreters employed or utilized by the agency. This includes the
ethics of interpreting, including confidentiality;methods of interpreting;
orientation to the organization; specialized terminology used by the
agency; and cultural competency.
3. The agency will ensure that applicable grantees, contractors,cooperative
agreement recipients and other entities receiving state or federal dollars
are trained in the requirements of this policy. This training will be a
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prerequisite of signing a contract with the agency and will be offered by
agency staff.
4. The agency will collect and maintain the following information about
training provided to staff: the date(s)of such training,the content of such
training,the number and types of credit hours awarded; and the names and
identifying information of each attendee at the training. The agency will
ensure that grantees, contractors, cooperative agreement recipients and
other applicable funded entities collect and maintain such information as
well.
V. Compliance Procedures,Reporting and Monitoring
A. Reporting
1. The agency will complete an annual compliance report and send this
report to DCA.
B. Monitoring
1. The agency will complete a self-monitoring report on a quarterly basis,
using a standardized reporting system providing by the DCA. These
reports will be maintained and stored by the Title VI compliance officer
and will be provided to the DCA upon request.
2. The agency will cooperate,when requested, with special review by the
DCA .
VI. Applicant/Recipient Complaints of Discriminatory Treatment
A. Complaints
1. The agency will provide assistance to LEP individuals who do not speak
or write in English if they indicate that they would like to file a complaint.
A complaint will be filed in writing,contain the name and address of the
person filing it or his/her designee and briefly describe the alleged
violation of this policy.
2. The agency will maintain records of any complaints filed,the date of
filing, actions taken and resolution.
3. The agency will notify the appropriate agency or Division within DCA of
complaints filed the date of filing,actions taken and resolution. This
information will be provided within 30 days of resolution.
B. Investigation
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1. The DCA Compliance Office will conduct an investigation of the
allegations of the complaint. The investigation will afford all interested
persons and their representatives, if any, an opportunity to submit
evidence relevant to the complaint.
2. The investigation will not exceed 30 days, absent a 15-day extension for
extenuating circumstances.
C. Resolution of Matters
1. If the investigation indicates a failure to comply with the Act,the local
unit of government, agency Director or his/her designee will so inform the
recipient and the matter will be resolved by informal means whenever
possible within 60 days.
2. If the matter cannot be resolved by informal means,then the individual
will be informed of his or her right to appeal further to the Department of
Justice. This notice will be provided in the primary language of the
individual with Limited English Proficiency.
3. If not resolved by DCA, then complaint will be forwarded to the
Department of Justice,HUD Field Office.
SUBMITTED AND APPROVED BY:
I
Chair Orange Count Board of Commissioners
Y
Date
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