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HomeMy WebLinkAboutAgenda - 02-09-2006-7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 9, 2006 Action Agenda Item No. ~-q SUBJECT: Community Development Block Grant Award - IDA Program DEPARTMENT: Housing/Community Dev. PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Program Summary Tara L, Fikes, 245-2490 Grant Agreement Funding Approval Form Signatory Form and Certification Resolution PURPOSE: To approve the execution of the Grant Agreement; Funding Approval Form; Signatory Form and Certification cards; and Resolution for the FY 2005 Community Development Block Grant Award, BACKGROUND: Orange County has now been officially awarded a $50,000 Community Development Block (CDBG) Grant from the N,C. Department of Commerce for an Individual Development Account Program for first-time homebuyers with incomes below 80% of the area median income, The County submitted a formal application for these funds in August 2005. Funds from this grant will be used to match first-time homebuyer participant's savings for a downpayment to purchase their first home. The match ratio is 2:1, For example, if a participant saves $1,000 toward the down payment on a home, their savings are matched with $1,000 in CDBG funding and $1,000 in local funding equating to a 2:1 match of local savings. A program summary is attached, 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. Further, many grant implementation documents that were signed in previous years by County staff are now required to be signed by the Chief Elected Official or the Chair of the Orange County Board of Commissioners. These implementation documents are very routine documents that must be submitted throughout the life of the grant. To facilitate the execution of these documents, a resolution has been prepared to give signatory authority to the Ghair of the Board of Commissioners for all documents required to meet the grant implementation requirements for the FY 2005 CDBG Award in accordance with the Grant Agreement and Funding Approval for this grant award, FINANCIAL IMPACT: This grant represents an available $50,000 for affordable housing initiatives in the County, RECOMMENDATION (S): The Manager recommends that the Board approve: 1. Execution of the Grant Agreement; Funding Approval Form; and Signatory Farm and Certification cards; and 2. The approval of the Resolution giving signatory authority to the Chair of the Board of County Commissioners. 3 Application Summary FY2005 Community Development Block Grant Program Individual Development Account (IDA) Program Background Individual Development Accounts are dedicated savings accounts, similar in structure to Individual Retirement Accounts (IRAs) that can only be used for purchasing a first home in Orange County, They are managed by community organizations and accounts are held at local financial institutions. Contributions for lower income participants are matched using both private and public sources, Additionally, all participants receive economic literacy training that shows them how to clean up their credit, set up a budgeting and savings schedule, and teaches them the basics of money management, The N.C. Department of Commerce and the Division of Community Assistance has set aside approximately $300,000 of Small Cities Community Development Block Grant Funds for use in establishing IDAs. These funds will be awarded to applicants supporting homeownership IDA programs. Program Administrator The Women's Center (TWC) successfully administered the County's FY 2001 IDA program assisting 11 families in buying their first homes. TWC is very interested in continuing to administer this program as a continuation of the prior years' program, The organizations will carry out the key components of the program including outreach and marketing, credit counseling, economic literacy training, financial counseling, account monitoring and post-purchase counseling. TWC will be working with several partners in the administration of this IDA program and has the support of these partners: Orange County Habitat for Humanity of Orange County, NC, Inc. EmPOWERment, Inc. Orange Community Housing & Land Trust SunTrust Bank Brief Program Description Twenty accounts will be set up for this IDA program. This is an appropriate number of accounts considering the amount of funding available and staff time necessary to administer the program. Participants will be required to save a full $1000 during the course of the IDA program, Savings account will be opened with a minimum $50 initial deposit and participants will 4 save a minimum of $50 per month that must come from earned income. The minimum savings period will be six (6) months and the maximum/ideal savings period will be twenty-four (24) months. In addition, participants will be counseled throughout the program and especially after the purchase of their home that continued savings are essential to deal with normal home and lawn maintenance and also far emergencies. In the event of an emergency, participants may make only one (1) emergency withdrawal and are required to inform the administrator of their intent to do sa. Savings contracts will be signed at the IDA Orientation, Participants will be required to save for at least the minimum period of time (six months) and may be required by the administrator to save more than the program minimum of $50 per month if planning on purchasing their home sconer than the maximum eighteen month time period. For example, a participant planning on purchasing a home within twelve months may be required to save a minimum of $75 - $85 per month to ensure that they will meet their savings goal. A participant may be disqualified from the IDA program if the participant: • Has an income that exceeds 80% of the median income • Provides the program with false information • Misses more than two (2) deposits in the course of the program • Saves for fewer than six (5) months • Saves less than $1000 in eighteen (18) months • Deposits savings that do not come from qualified earned income • Does not participate in financial counseling or home ownership workshops • Makes more than one (1) withdrawal from IDA savings account Program Schedule Begin program implementation October 2005 Complete program by September 30, 2007 IDA Program Projected Budget 2005-2007 IDA Savings Match _ Amount # of families Total CDBG Match $1,000 x 20 = $20,000 Oran e Coun Match $1,000 x 20 = $20,000 Total IDA Match $2,000 x 20 = $40,000 CDBG -Administrative CDBG -Housing Services Budget Service # of Sessions Cost/ Participant # of Participants Total Partici ant Recruitment $40/hour 75 hours $3,000 Design & U date Curriculum $40/hour x 35 hours $1,400 Orientation 1 x $45 x 20 = $900 Personal Finance Workbooks x $15 x 20 = ~ $300 Homebu er's Worksho s 6 x $45 x 20 = $5,400 Homebu er's Workbooks x $10 x 20 = $200 Individual Housing Counseling 1 x $45 x 20 = $900 Mone Wise Curriculum Materials $5 x 20 = $100 Housing Counselor Certification $10 _ x _ 20 = $200 Credit Counselor Certification $10 x 20 = $200 Individual Financial Counseling 6 x $45 x 20 = $5,400 Travel N/A N/A N/A = $200 Total Housing Services = $20,000 In-Kind Administrative & Housing Services Funding Match Source Service Amount T pe of Match Orange Count Government Administrative Ex ense -Sala $10,000 Cash Orange Count Government Housing Services $5,000 Cash The Women's Center Housing Services $5,000 Cash Total Funding Matches $20,000 Total Budget -IDA Program Source Amount CDBG Savin s Match $20,000 CDBG Administrative Ex ense $10,000 CDBG Education Ex ense $20,000 Oran a Count Savin s Match $20,000 Oran e Coun Administrative Match $10,000 Oran e Count Housin Services Match $5,000 Women's Center Housin Services Match $5,000 TOTAL $90,000 6 North Carolina Department of Commerce Division of Community Assistance Community Development Block Grant Program Grant Agreement Individual Development Account (IDA) Upon execution of this grant agreement, the North Carolina Department of Commerce (DGC) 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 Bloclc Grant administrative rules, applicable laws and all other requirements of DOC now or hereafter in effect. The grant agreement is effective on the date the grant agreement and funding approval are signed by the recipient.. The grant agreement consists of the approved application, including the certifications, maps, schedules and other submissions in the application, any subsequent annendments to the approved application and funding approval and the following general terms and conditions: Definitions.. Lxcept to the extent modified or supplemented by the agreement, any term defined in the North Carolina Community Development Block Grant' Admhistrative 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 meurs the entity designated as a recipient for grant assistance in the grant agreement and funding approvah (c) Certifications mean the certifications submitted with the grant application pursuant to the requirements of Paragraph (e) of Rule .0407 of the North Carolina Community Development Block Grant Administrative Rules, 4 NCAC 19L. (d) Assistance provided under this agreement means the grant funds provided under this agreement, (e) Program means the community development program, project, or other activities, including the administration thereof, for which assistance is being provided under this agreement, (f) The date for receiving the grant means the date of the DCA Director's signature on the Grant Agreement and Funding Approval,. 7 3. 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 turd party or parties to undertake all or any pazt 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 asswnption of environmental responsibilities under Rule .1004 of the North Cazolina Community Development Block Grant Administrative Rules, 4 NCAC 19L. If the recipient contracts with or designates a third party to mrdertalce all or part of the program in exchange for a grant or loans from the recipient to the turd party of all, or a portion, of the recipient's grant funds, the recipient's contract with the third party must require the turd party to comply wide the procurement standards set forth in 4 N. C. Administrative Code 19L .0908, 4. Conflict of Interest. None of the following or their immediate family members, druing the tenure of the subject person or for one year thereafter, shall have any direct or indirect finuicial interest in any contract, subcontract or the proceeds thereof for work to be performed in connection with the progrann 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 tlis agreement, or the North Cazolina Community Development Block Grant Administrative Rules, with respect thereto; provided, however, that reasonable fees or bona fide tecluical, consultant, managerial or other such services, other than actual solicitation, aze not prohibited if otherwise eligible as program costs. 5. Reimbursement to DOC for Improper Expenditures. The recipient will reimburse DOC for any amount of grant assistance improperly expended, 6. Access to Records. The recipient shall provide any duly authorized representative of DOC, the federal Department of Housing and Urban Development (I-IUD), and the Comptroller General at all reasonable times access to and the right to inspect, copy, monitor, and exunine all of the books, papers, records, and other docmnents relating to the grant for a period of five years following the completion of all close- orrt procedures. 2 8 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, Exnendihue of Non-CDBG Funds. The recipient must ensure that non-CDBG funds are expended along with CDBG funds, following the implementation schedule described in the approved application and modified by the Performance Contract, and shall report on non-CDBG expenditures with each Annual Performance Report, consistent with Section .1100 PERFORMANCE of the prograzn regulations (4NCAC 19L). 9. Method of PaYrrrent. The Department of Commerce uses the Electronic Payment Form fi°om the Office of State Controller (OSC) to make CDBG payments to units of local govenunent. Payments on requisitions will be made only by electronic funds transfer unless arrangements have been made with the Finance Officer in the Division of Community Assistance, 10. Fair Housing. Por 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 banters and impediments to affirmatively further fair housing. Guidance for developing a Fair Housing Plan can be found in DCA Bulletin 93-4, 11. Equal Employment and Procurement Opportunity, A recipient must describe th'e 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. 12. Local Economic Benefit (Section 3 Regulation). 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 aze identified and made available to low-income residents within the CDBG assisted area to the greatest extent feasible. Tlus strategy must include (1) identification of training and tecluucal assistance resources to prepare low-income residents for employment and procurement opportunities, (2) attempts to reach the numerical targets for new lures set forth in the Section .3 regulation, which applies to recipients receiving $200,000 or more in nori-administrative line items expended for construction contracts of at least $100,000 per contract, and (.3) education of low-income residents within the CDBG assisted azea about the components and opportunities of dre program, 1.3. Section 504 and ADA Recipients must complete the Section 504 Survey and Transition Plan. This plan will not satisfy all the requirements of the Arnericans with Disabilities Act, but it will meet the minimum requirements for a CDBG assisted project. 14. Oblieation 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. 3 I5. 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. 16. Schedule for Release of Conditions and Cornpletion Activities. The recipient must satisfy all conditions to release CDBG funds within three months (April 23, 2006) from the date the Grant Agreement and Funding Approval are signed by the DCA Director. The recipient must draw down all CDBG funds, expend all local non-CDBG fmzds and complete all project activities in conformance with the activities implementation schedule in the application as modified by the Performance Based Contract. The recipient must obligate and expend all funds within 36 months (,January 23, 2009) from the date the Grant Agreement and Funding Approval are signed by the DCA Director. Any remaining funds will be de-obligated. All closeout documents must be returned to DCA by April 23, 2009. Consistent with Section ..1104 of the program regulations (4NCAC 19L), based on review of the recipignt's performance for conformance with the approved application and approved performance schedules, the Secretary of Commerce may withdraw the grant, except for fimds already expended. Upon execution of this agreement by DGC and the recipient, the recipient hereby accepts the assistance on the terms of this grant agreement effective on the date indicated below, and further certifies that the official signing this document has been duly authorized by the recipient's governing body to execute this Grant Agreement.. Secretary of the Department of Commerce c `~~ ~ ~ Date: January 23.2006 d By: ~_,~ ht.rd`~'' i oria Nance-Sims Director Division of Community Assistance Date: Name of Recipient J By: Signature of Authorized Official (Title) 10 North Carolina Division of Community Assistance Community Development Block Grant Program Funding Approval L Name and Address of Recipient Orange County Post Off ce Box 8181 Hillsborough, Nort1r Carolina 27278 2. C>rant Number and Funding Approval Date Grant Number: OS-C-1454 Date of Original Funding Approval: January 23, 2006 Date of Amended Fmiding Approval: 3. Approved Project Project Number and Name Approved Arnount Orange County IDA Total Grant Award: $50,000 OS-C-1454 4. Funding Approval Conditions The following conditions must be removed in writing by the Division of Community Assistance (DCA) in order for all funds to be released for the approved projects listeduz item (3), above: A. Environmental Condition: No funds maybe obligated or expended in any activity except for the payment of reasonable costs related to the planning, admirstration, engineering, design and environmental assessments for the approved project until the recipient has complied with the Enviromnental Review Procedures for the N.C. CDBG Program and the CDBG regulations contained in 4 NCAC 19L.1004, B. Administration Contract Condition: No funds may be obligated or expended in any activity except for the administrative activity, until the recipient has submitted either a copy of the contract awarded for administration of this grant or a statement signed by the CEO stating that the contract will be administered internally. Orange County 1 OS-C-1454 C. Performance Based Contract Condition: No funds may be obligated or expended for any project activity except for the administration activity until the grantee has returned to DCA two copies of the properly completed Performance Based Contract. D. Quarterly I2epm•ting Condition: No fluids may be obligated or expended for any project activity except for the administration activity until the grantee has submitted a statement signed by the lead administrator agreeing to report IDA pazticipant progress to DCA on a quarterly basis in a mazmer defined by DCA., 1;. Use of Experienced CDBG Administrator: No funds maybe obligated or expended except the administrative activity mrtil die recipient has submitted a statement that they will be using an experienced CDBG administrator, eidler local govermnent staff, private consultant, regional planning commission staff or non- profit staff to administer the project. P. Executed Memm•andum of Understanding Condition: No funds may be obligated or expended in any project activity except for die administration activity until the recipient provides DCA wide a copy of the executed memorandum of understanding between Orange Cormty and The Women's Center as the lead entity for the Orurge Cormty IDA program. G. Certified Housing and Credit Counselor Condition: No funds may be obligated or expended except for the administration activity until the grantee has submitted documentation for the certification of the housing and credit counselor drat is to work with die IDA program as described in the application. H. Citizen Participation Condition: No fuids may be obligated or expended except for the administration activity until DCA is provided wide publisher's affidavits of the published notices in a local newspaper as well as die certified minutes for the two required public hearings for this grant in accordance with die citizen participation requirements of 4 NCAC 19L.1002(b). I. Participant Contract Condition: No fwrds may be obligated or expended for any project activity, except for the administration activity, until the grantee provides DCA with a copy of the contract that is to be used between the IDA lead entity and the program participants.. Orange County 2 OS-C-1454 is 5. Signature of Authm~ized OfTcial jG~~ _,~./~J y r ~,J6d+' Nary e ~ orra~ns Director, Division of Community Assistance Title 6. Signature of Authorized Local Official Name Title January 23.2006 Date Date Orange County 3 OS-C-1454 13 ~, 0 Z C N C7 ~ .!= .- tr ~ ~ K Q fA A N O r-i •r{ w x N m Z C y N N p N U D m 9 Q Q to ~+ m a ~ ~ ro v ~ v u ro s~ ~, ~ Q (.%' 1~i N £ ~ ~ ?v U C ~ •~ G W ~ ~ U N m ~ ~ 0 u _ •~ h d Sa d ~ f- N F .C ~ ~ ~ ~ U "~ ~ T D T a~ x~ F ~ U m .[ ~ E -a E .u az "mz ~ ~ ~ ~ ~i h T a T rY+ a Y € o ~ a E w v c ~' ~ c LL > N 0 0 0 c m ~ LL c O m = O y Q c o ° ~T c o ' ° ~ -. . m o d 1= ~ m ~ } ~ c ~ T n m O m > ~ LT N o -- ro - ` ~ O ~ o N ~ t N D ,C ~- Cy N O ~ C N t dL U ~ ~ ro ~ O ~ Q N Ol: > ~ c f0 _ .~ W ~~ r+y cE ~~ ~ o ~~- W c ~ ~ N _ U O C N c O O N m O w ~ u. O ~ ~ ~ N O N W w y ~ N O C N ~p O d ~ N ° ~ N O. `~ o «{ N V N O o. ¢ ~ ~ ~ c c =aci mm m 'Vi'a mo N : p U N r.. N .. p N N r m ~ m a a m ~ p ~ ~ a ri O O d ~_ N C> ~« CL va L v~ p W i- - O r [V w m O O 14 RESOLUTION Whereas, Orange County has received a FY 2005 Community Development Block Grant (CDBG) Award for the Individual Development Account Program in the amount of $50,000 from the N.C, Department of Commerce on January 19, 2006; and Whereas, these CDBG funds will be used to provide match funding for the savings of a first-time homebuyer participating the local IDA Program at a 2:1 ratio; and Whereas, the Orange County Board of Commissioners approved the execution of the Grant Agreement, Funding Approval; and Signatory Form and Certification by the Chair of the Board on Febnaary 9, 2006; and Whereas, throughout grant implementation, the N,C, Department of Commerce will require the execution of additional documents including administrative and pertormance contracts as required by the Grant Agreement and Funding Approval approved by the BOCC, NOW, THEREFORE, be it resolved, that the Orange County Board of County Commissioners hereby authorize the Chair of the Board to execute all documents required by the N.C. Department of Commerce -Division of Community Assistance far the implementation of the FY 2005 Community Development Block Grant Award for the Individual Development Account Program, This, the 9th day of February, 2006,