HomeMy WebLinkAboutAgenda - 08-03-1995 - IX-A 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
S
ACTION AGENDA ITEM ABSTRACT Item No X_l4
Meeting Date: August 3, 1995
SUBJECT: Community Development Block Grant Award
-------------------------------- -------------------------------
DEPARTMENT: Housing/Comm. Dev. PUBLIC HEARING YES NO x
ATTACHMENT(S) : INFORMATION CONTACT
Grant Agreement Tara L. Fikes, x 2490
Funding Approval Form
Signatory Form and Certification TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
-----------------------------------------------------------------------
PURPOSE: To approve execution of the Grant Agreement; Funding
Approval Form and Signatory Form and Certification cards for the 1995
Community Development Block Grant award.
BACKGROUND: The County was recently awarded $378,495 in Community
Development Block Grant funds by the N.C. Department of Commerce. Funds
will be used to rehabilitate 17 deteriorated houses in the County.
In order to proceed with grant activities, the attached Grant Agreement,
Funding Approval Form and Signatory Form and Certification must be
executed by the Chair of the Board and returned to the N.C. Department of
Commerce.
These documents have been forwarded to the County attorney for his review
and approval.
RECOMMENDATION:
The Manager recommends the following:
Approve execution of the Grant Agreement; Funding Approval Form and
Signatory Form and Certification cards for the 1995 Community Development.
Block Grant award.
2
NORTH CAROLINA DEPARTMENT OF COMMERCE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
GRANT AGREEMENT
Upon execution of this grant agreement, the North Carolina
Department of Commerce (DOC) agrees to provide to the recipient
Community Development Block Grant assistance under Title I of the
Housing and Community Development Act of 1974 , (P . L. 93-383) , as
amended, authorized by the DOC funding approval , the North
Carolina Community Development Block Grant administrative rules,
applicable laws and all other requirements of DOC now or
hereafter in effect . The grant agreement is effective on the
date -e grant agreement and funding approval are signed by the
reci- �t . The grant agreement consists of the approved
appl_ ion, including the certifications, maps, schedules and
other omissions in the application, any subsequent amendments
to th_ approved application and funding approval and the
following general terms and conditions :
1 . Definitions . Except to the extent modified or
supplemented by the agreement, any term defined in the
North Carolina Community Development Block Grant
Administrative Rules, 4 NCAC 19L, shall have the same
meaning when used herein.
(a) Agreement means this grant agreement, as
described above, and any amendments or
supplements thereto .
(b) Recipient means the entity designated as a
recipient for grant assistance in the grant
agreement and funding approval .
(c) Certifications mean the certifications
submitted with the grant application pursuant
to the requirements of Paragraph (e) of Rule
. 0407 of the North Carolina Community
Development Block Grant Ad-inistrative Rules,
4 NCAC 19L.
(d) Assistance provided under this agreement
means the grant funds provided under this
agreement .
(e) Program means the community development
program, project, or other activities,
including the administration thereof, for
which assistance is being provided under this
agreement .
3
2 . Obligations of the Recipient . The recipient shall perform
the program as specified in the application approved by DOC.
The recipient shall comply with the certification pursuant
to Paragraph (e) of Rule . 0407 of the North Carolina
Community Development Block Grant Administrative Rules, 4
NCAC 19L. The recipient shall also comply with all other
lawful requirements of DOC, all applicable requirements of
the General Statutes of the State of North Carolina and any
other applicable laws and Executive Orders currently or
hereafter in force .
3 . Obligations of Recipient with Respect to Certain Third
Party Relationships . DOC shall hold the recipient
responsible for complying with the provisions of this
agreement even when the recipient designates a third
party or parties to undertake all or any part of the
program. The recipient shall comply with all lawful
requirements of DOC necessary to insure that the
program is carried out in accordance with the
recipient' s certifications including the certification
of assumption of environmental responsibilities under
Rule . 1004 of the North Carolina Community Development
Block Grant Administrative Rules, 4 NCAC 19L.
4 . Conflict of Interest . None of the following or their
immediate family members, during the tenure of the
subject person or for one year thereafter, shall have
any direct or indirect financial interest in any
contract, subcontract or the proceeds thereof for work
to be performed in connection with the program assisted
under this agreement : employees or agents of the
recipient who exercise any function or responsibility
with respect to the program, and officials of the
recipient, including members of the governing body.
The same prohibition shall be incorporated in all such
contracts or subcontracts .
The assistance provided under this agreement shall not be
used in the payment of any bonus or commission for the
purpose of obtaining DOC approval of the application for
such assistance, or DOC approval of applications for
additional assistance, or any other approval or concurrence
of DOC required under this agreement, or the North Carolina
Community Development Block Grant Administrative Rules, with
respect thereto; provided, however, that reasonable fees or
bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not prohibited
if otherwise eligible as program costs .
4
r
5 . Reimbursement to DOC for Improper Expenditures . The
recipient will reimburse DOC for any amount of grant
assistance improperly expended.
6 . Access to Records . The recipient shall provide any
duly authorized representative of DOC, the federal
Department of Housing and Urban Development (HUD) , and
the Comptroller General at all reasonable times access
to and the right to inspect, copy, monitor, and examine
all of the books, papers, records, and other documents
relating to the grant for a period of three years
following the completion of all closeout procedures .
7 . Project Savings . The recipient is obligated to contribute
100 percent of its pledged cash contribution to the CDBG
project even if the project experiences a savings after
authorized activities are completed. Any project savings
accrue to the CDBG program.
8 . Method of Payment . The Department of Commerce uses the
STEPS-OUT system for CDBG payments to units of local
government . Payments on requisitions will be made only by
electronic funds transfer.
9 . Fair Housing. For each grant year that a CDBG is active, a
recipient must describe the actions it will take in the
areas of enforcement, education and removal of barriers and
impediments to affirmatively further fair housing. Guidance
for developing a Fair Housing Plan can be found in DCA
Bulletin 93-4 .
10 . Ecrual Employment and Procurement Opportunity. A recipient
must describe the actions it will take annually while the
grant is open in the areas of enforcement, education and
removal of barriers and impediments that affirmatively
further equal access in employment and procurement . This
includes a description of steps to be taken in the areas of
advertisement, compliance and complaint tracking.
11 . Local Economic Benefit . For each year that a CDBG is
active, a recipient must describe a strategy whereby
opportunities in employment and procurement arising out of a
CDBG assisted project are identified and made available to
low-income residents within the CDBG assisted area to the
greatest extent feasible . This strategy must include (1)
identification of training and technical assistance
resources to prepare low-income residents for employment and
procurement opportunities, (2) attempts to reach the
numerical targets for new hires set forth in the Section 3
regulation, which applies to recipients receiving $200, 000
or more in non-administrative line items expended for
construction contracts of at least $100, 000 per contract,
5
and (3) education of low-income residents within the CDBG
assisted area about the components and opportunities of the
program.
12 . Section 504 and ADA. Recipients must complete the Section
504 Survey and Transition Plan. This plan will not satisfy
all the requirements of the Americans with Disabilities Act,
but it will meet the minimum requirements for a CDBG
assisted project .
13 . Obligation of Recipient With Regard to Vacant Units . The
recipient shall ensure that all vacant units being
rehabilitated will be occupied by a low or moderate income
family by the time close-out occurs .
14 . Utility Assessments or Fees : Assessments or fees to recover
the CDBG funded portion of a utility project may be charged
to properties not owned and occupied by low and moderate
income persons . Such assessments are program income and, as
such, must be used for eligible CDBG activities that meet a
CDBG national objective .
Upon execution of this agreement by DOC and the recipient, the
recipient hereby accepts the assistance on the terms of this
grant agreement effective on the date indicated on the next page,
and further certifies that the official signing this document has
been duly authorized by the recipient' s governing body to execute
this grant agreement .
Secretary of the Department of Commerce
Date : July 10 , 1995 By 4�_a'w,elw,
William A. McNeil, Director
Division of Community Assistance
(Title)
Date:
Name of Recipient
By:
Signature of Authorized Official
(Title)
l
6
FUNDING APPROVAL
North Carolina Department of Commerce
Small Cities Community Development Block Grant Program
1 . Name and Address of Recipient
County of Orange
Post Office Box 8181
Hillsborough, North Carolina 27278
2 . Grant Number and Funding Approval Date
Grant Number: 95-C-0138
Date of Original Funding Approval : 7/10/95
Date of Amended Funding Approval :
3 . Approved Projects
Project Number Approved Amount
C-1 $378, 495
(Orange Scattered Housing Rehab Program)
Total Grant Award: $378, 495
4 . Funding Approval Conditions
The following conditions must be removed in writing by the
Division of Community Assistance in order for all funds to be
released for the approved projects listed in item (3) above :
A. Environmental Condition: No funds may be obligated or expended
in any project except for the payment of reasonable costs
related to the planning, administration, engineering, design
and environmental assessments for the approved projects until
the recipient has complied with the Environmental Review
Procedures for the N. C. CDBG Program and the CDBG regulations
contained in 4 NCAC 19L. 1004 .
B. Citizen Participation Compliance Condition: No funds may be
obligated or expended in any project except for the
administration activity in the C-1 project until (1) DCA is
provided with the following documentation of compliance with
County of Orange 95-C-0138
7
FUNDING APPROVAL
North Carolina Department of Commerce
Small Cities Community Development Block Grant Program
citizen participation requirements in the application process
(4 NCAC 19L. 1002 (b) ] : publisher' s affidavits of notices for and
minutes signed by the town (or county as applicable) clerk of
the two required public hearings and; (2) DCA is provided with
a statement from the CEO stating that an Advisory Committee has
been established and consists of at least five persons who live
within the recipient ' s jurisdiction.
C. Floodplain Condition: No funds may be obligated or expended in
any project except for the administration activity in the C-1
project until the recipient provides DCA with a certification
that all project areas are not in a floodplain; or with
certification that the recipient participates in the flood
insurance program, all properties assisted in the project will
be covered for flood insurance prior to beginning construction
on the property, and all public facilities will be constructed
to comply with applicable floodplain regulations.
D. Financial Condition: No funds may be obligated, expenses
incurred or funds spent on any activity in the C-1 project
except administration until the grantee provides an assurance
that the total amount of non-local funds (weatherization funds
and/or owners ' contribution) committed in the application will
be expended prior to close out of the project .
5 . Signature of Authorized DCA Official
✓ "'X*4 -4701w-
Name William A. McNeil
Director, Division of Community Assistance July 10, 1995
Title Date
6 . Signature of Authorized Local Official
Name
Title Date
County of Orange 95-C-0138
1
8
{
SIGNATORY FORM AND CERTIFICATION CDBG Grant No. 95-C-0138
RCLIptent Name Orange County
Address P.O. Box 8181 _
Hillsborough, N.C. 27278
Signatures of Individuals authorized to sips Requisition for CDBG Funds forms.(Two signatures required on each requisition.)
John M. Link, Jr., Count Manager
Signature Typed Name) (TYPED TITLE)
(Signature) Albert Kittrell, Assistant cunt- Manager
(Typed Name) (TYPED TITLE)
Roderick Visser, Assistant County Manager
Signature Typed Name (TYPED TITLE)
Kenneth T. Chavious, Finance Director
(Signature) Typed Nam# (TYPED TITLE)
CERTIFICATION
I. k3 1 certify that the signatures above are of the Individuals authorized to sign Requisition for CDBG Funds form for the above recipient.
Moses Carey, Jr., Chair, Bd. of Comm.
Certlfyingoffklai + T TLE
2. ( The governing board has passed a resolution authorizing the persons above to sign Requisition for CDBG Funds forms for the above
recipient.A copy of the resolution is attached.
I certify that the signatures above are those of the Individuals authorized by resolution of the governing board of the recipient to sign
Requisition for CDBG Funds forms.
CDBG #101 (9186) Certifying Official
nb�-