HomeMy WebLinkAboutAgenda - 04-04-2017 - 8-h - North Carolina Housing Finance Agency (NCHFA) – 2017 Essential Single-Family Rehabilitation Loan Pool (ESFRLP17) Award 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 4, 2017
Action Agenda
Item No. 8-h
SUBJECT: North Carolina Housing Finance Agency (NCHFA) — 2017 Essential Single-
Family Rehabilitation Loan Pool (ESFRLP17) Award
DEPARTMENT: Housing, Human Rights and
Community Development
ATTACHMENT(S): INFORMATION CONTACT:
1. Award Letter and Funding and Annette Moore, Interim Housing, Human
Written Agreement for Sub- Rights and Community Development
recipients Director/Staff Attorney, (919) 245-
2. Orange County Assistance Policy 2492
3. Orange County Procurement and
Disbursement Policy
PURPOSE: To approve the North Carolina Housing Finance Agency Essential Single-Family
Rehabilitation Loan Pool Funding and Written Agreement for Sub-recipients and adopt the
Assistance, Procurement and Disbursement Policies for the 2017 Essential Single Rehabilitation
Loan Pool award.
BACKGROUND: On February 15, 2017 Orange County received a notice of award for the
2017 Essential Single-Family Loan Pool (ESFRLP17). As a member of the ESFRLP17,
$175,000 has been set aside for Orange County in the loan pool for projects and may be
reserved on a unit-by-unit basis. In accordance with ESFRLP17 Program Guidelines, Orange
County may reserve funds for up to five (5) units under the original $175,000 set-aside. Funds
for additional units may be reserved from the pool, depending on availability, on a unit-by-unit,
first come, first served basis until December 31, 2019.
Orange County's application for funding stated that match funds of $40,000 would be available
to assist with the rehabilitation of the proposed housing units. The Board of County
Commissioners approved $200,000 in Urgent Repairs - Rehabilitation Funds in fiscal year 2016-
2016. The $40,000 match funds will come from the Urgent Repairs -Rehabilitation funds.
One requirement of the program is the completion of the Post Approval Documentation and the
return of this documentation to NCHFA by April 30, 2017. Documentation includes the adoption
of the Assistance Policy, Procurement Policy and Disbursement Policy by the Board of County
Commissioners. These policies outline the details of the bid solicitation and payment processes.
All referenced policies have been drafted and are attached for review and approval.
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FINANCIAL IMPACT: This $175,000 award represents additional rehabilitation funds available
in the community for the repair of substandard housing. The $40,000 matching funds have
already been authorized by the Board in the FY 2016-17 budget.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this agenda item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
For residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
The creation and preservation of affordable housing options helps to meet a basic need and
advances economic self-sufficiency.
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
Affordable housing options allow individuals to reduce risks associated with being unhoused.
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
(INEQUITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender or sexual orientation; national origin or
ethnic background; age; military service; disability; and familial, residential or economic
status.
RECOMMENDATION(S): The Manager recommends that the Board
1. Approve the Essential Single-Family Rehabilitation Loan Pool (ESFRLP17) Funding and
Written Agreement for Sub-recipients and authorize the County Manager to sign the
agreement and any renewals of the Agreement; and
2. Adopt the Assistance Policy, Procurement Policy and Disbursement Policy for the 2017
Essential Single-Family Rehabilitation Loan Pool (ESFRLP17) Program funded by the
North Carolina Housing Finance Agency and authorize the Chair to sign the Assistance
Policy.
ATTACHMENT 1
3
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HOUSING
FINANCE
AGENCY
February 8,2017
Ms. Bonnie Hammersley, County Manager
A self-supporting Orange County
public agency PO Box 8181
Hillsborough,NC 27278
Scott Farmer Dear Ms. Hammersley:
Executive Director
I am pleased to inform you that your 2017 Essential Single-Family Rehabilitation Loan Pool
(ESFRLP17) application proposing to serve Orange County has been conditionally approved by the
Po Box 28066 Agency for a set-aside not to exceed$175,000. Under ESFRLP 17,those receiving conditional
Raleigh,NC approval will be referred to as"ESFR Loan Pool Members"(Members)and may access additional
27611-8066 funds from a $2.575 million"ESFR Loan Pool"on a first come/first-served basis,after meeting
certain thresholds. Applications were received from a variety of housing providers proposing to
serve counties designated under ESFRLP17. Success in this competition reflects your
3508 Bush Street organization's commitment and capacity to help meet the housing needs in your service area. For
Raleigh.NC that we congratulate you!
27609-7509
Enclosed is the ESFRLP17 Written Funding Agreement which has been signed by Michael
Handley,Manager of Housing Rehabilitation. Please have the Chief Administrative Official
11 .9l9-877-5700 identified in the ESFRLP17 Application for Funding sign and return an electronic copy to the
Agency no later than Ap ril 30,2017. Keep the original for your files. Within several days,you FAx.919-877-5701
.w ,.nchfa.com will receive a Post Approval Documentation packet(PAD)requesting some additional information
including a copy of your ESFRLP17 Assistance Policy. Please do not begin work on your project
until your Program Administrator has attended the required Administrators' Implementation
Workshop,the PAD has been approved and you have executed a Funding Agreement. Detailed
information on the workshops will be emailed directly to the Project Administrator and
Rehabilitation Manager at a later date.
An Agency staff person has been assigned to work with each Member as its single point of contact
for all matters pertaining to ESFRLP17. We refer to them as "case managers" and charge each with
assisting their assigned cases as needed to help ensure success in achieving the Program goals.
Donna Coleman, Community Development Coordinator, will be your case manager for this project.
Please do not hesitate to contact her any time you have questions, concerns or comments. Her
telephone number is 919-981-5006. All ESFRLP17-related correspondence should be addressed to
the case manager's attention.
On behalf of the Agency, I congratulate you on your successful application.
Sincerely,
0
Scott Farmer
Executive Director
cc: Audrey Spencer-Horsley,Director
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NORTH CAROLINA HOUSING FINANCE AGENCY
ESSENTIAL SINGLE-FAMILY
REHABILITATION LOAN POOL
(ESFRLP 17
FUNDING and WRITTEN AGREEMENT for SUBRECIPIENTS
Member: Orange County
Funding Agreement Number: ESFRLP 1717
Service Area: Orange County
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NORTH CAROLINA HOUSING FINANCE AGENCY
2016 ESSENTIAL SINGLE-FAMILY REHABILITATION LOAN POOL
(ESFRLP17)
FUNDING AGREEMENT
This is a subaward of a federal want.
This Agreement is entered into this the 91h of February, 2017 by and between the North Carolina Housing
Finance Agency("Agency")and Orange County("Subrecipient"or"Member")for the performance of the
services listed below. The Agency and the Subrecipient are sometimes referred to as the"Parties".
This Agreement is funded by a federal grant from the HOME Investment Partnerships Program from the
U.S. Department of Housing and Urban Development to the North Carolina Housing Finance Agency
("Federal Award"). Funds awarded under this Agreement are federal funds and must be used for the
purposes for which they are intended. For the purposes of this Agreement the Agency is considered a"Pass
Through Entity"as defined in 2 CFR Part 200.This Agreement is subject to the requirements in 2 CFR Part
200 and Subrecipient is required to comply with those sections specifically related to subawards to
subrecipients therein.
Part I. Federal Award Identification:
Federal Award Identification: Subrecipient Name(which must Subrecipient's DUNS number:
HOME Investment match registered name in
Partnerships Agreement DUNS): Orange County 44041796
Federal Award Identification Number Federal Award Date(Date signed Subaward Period of Performance:
(FAIN): by Federal awarding Agency Start Date:February 9,2017
M16-SG370100 Official): August 12,2016 End Date: June 30,2020
Amount of Federal Funds Obligated Total Amount of Federal Funds Total Amount of Federal Award to
by this Action: Obligated to the Subrecipient: Agency:
$175,000 $175,000 $175,000
Federal Award Project Description(as Name of Federal Awarding Pass Through Entity:
required by FFATA): Agency: U.S.Department of North Carolina Housing Finance
HOME Investment CPD Housing and Urban Agency
Development (referred to as"Agency"or"PTE")
Contact Information for Awarding CFDA Number and Name: Is Award R&D:
Official: 14.239 No
Michael Handley Manager of Housing Rehabilitation HOME Investment
NCHFA
3508 Bush Street Partnerships Program
Raleigh,NC 27609
Phone:(919)877-5627
Subrecipient Indirect Cost Rate(or Audit Verified: Subrecipient's Cumulative Federal
10%de minimis): Not Applicable Yes Awards>$750,000:
i
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Part II. Agreement Documents.
This Agreement includes the following, all of which are identified by name as follows:
1. This Agreement;
2. Certifications and Assurances (Attachment 1);
3. ESFRLP Program Guidelines (Attachment 2); and,
4. Iran Divestment Act Certification(Attachment 3).
is
These attachments are incorporated herein by reference,constitute the entire agreement between the Parties,
and supersede all prior oral or written statements or agreements and are hereinafter referred to as the
"Agreement Documents".
Part III. Definitions
1. Agency. The North Carolina State Housing Finance Agency, an instrumentality and public agency of
the State of North Carolina.
2. Agreement. Refers to this Subaward Agreement and all attachments.
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3. Application. The application submitted by the Subrecipient for Program funds.
4. De-obligate or De-obligation of Funds. Refers to the Agency's right to rescind its obligation to
disburse funds awarded to Subrecipient based on a variety of factors,including but not limited to under
performance, non-compliance, end of subaward period, breach of this Agreement, violation of state,
federal, and/or local law,fraudulent or willful misconduct, or change in eligibility status.
5. Federal Award.Federal Award is the award identified in Section 1 of this Agreement.
6. Funds.The funds awarded to the Member under this Agreement
7. HOME.The HOME Investment Partnerships Program found at 24 C.F.R.Part 92.
8. HUD. The United States Department of Housing and Urban Development.
9. Member.The organization identified in Section 1 of this Agreement to which the Agency is making a
subaward, and which is accountable to the Agency for the use of the funds provided.
10. Program. The Agency's Essential Single-Family Rehabilitation Loan Pool Program.
11. Recapture. Recapture means when the Agency takes back money awarded under this Agreement and
already disbursed to Subrecipient based on such factors as,but not limited to,underperformance,non-
compliance, end of subaward period, and/or fraud.
12. ESFRLP. The Agency's Essential Single-Family Rehabilitation Loan Pool Program.
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13. ESFRLP Funds or ESFRLP Pool. The HOME funds awarded to Subrecipient under this Agreement.
14. ESFRLP Program Guidelines. The Agency's program guidelines for administering the Program
which Member must adhere to in order to received funds under this Agreement.
15. Services. The eligible activities described in this Agreement.
16. Subaward. Subaward means the funds awarded to the Subrecipient under this Agreement. The
Subaward consists solely of federal funds.
17. Subrecipient. Subrecipient the organization identified in Section 1 of this Agreement to which the
Agency is making a subaward, and which is accountable to the Agency for the use of the funds
provided.
18. Supercircular. Supercircular means 24 CFR Part 200, Uniform Administrative Requirements, Cost
Principles,and Audit Requirements for Federal Awards.Also referred to as Uniform Guidance.
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Part IV. Purpose
The Agency has received a grant of federal HOME funds from HUD which the Agency uses, in part, to
fund its Single-Family Rehabilitation Loan Pool Program.The ESFRLP provides an interest free,deferred-
forgiven loan to Program-eligible homeowners to pay for certain rehabilitation costs of a homeowner's
k?
house. The Agency provides subawards to local organizations to utilize them in assisting in the
administration of the ESFRLP. The Agency has advertised the availability of funding under the ESFRLP
and the application of the Member was received,evaluated,and approved by the Agency. The Agency and
the Member now wish to enter into this Agreement to provide a subaward to Member under the ESFRLP.
Part V. SubAward
The Agency hereby awards a Subaward, as described above,to Subrecipient subject to the provisions of
this Agreement and any attachments hereto. The Agency shall pay the Subrecipient in the manner and in
the amounts specified in the Agreement Documents. The total amount paid by the Agency to the
Subrecipient under this Agreement will not exceed$175,000 and consists entirely of federal funds.
Although the Agency has approved a set-aside for a specific amount to the Member,the Member also has
the opportunity to access additional funds from the ESFRLP pool(depending upon fund availability) once
they have met the threshold requirements outlined in ESFRLP17 Program Guidelines 3.2.2.
Part VI. Subrecipient Duties (Scope of Work)
The Subrecipient will provide the services as described in this Agreement in accordance with the terms and
conditions of the Agreement Documents. The Subrecipient will be responsible for all activities and
responsibilities as defined by the ESFRLP17 Program Guidelines.
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Part VII. Time of Performance
(a) The Member shall begin performance of this Agreement on the 1"day of July,2017 and shall complete
performance no later than June 30,2020.
(b) The Agency has approved a set-aside of up to $175,000 of ESFRLP funds for the Member. The
Member may reserve funds from this set-aside on a unit-by-unit basis in accordance with Program
Guidelines (PG) 3.2.2 & 3.2.3, until December 31, 2018. Any funds from this set-aside not reserved
by that date shall be De-obligated and remain in the ESFRLP pool for reallocation to those Members
seeking funding for additional units.
(c) Funds for additional units may be reserved from the ESFRLP pool, depending on availability, on a
unit-by-unit,first come,first served basis in accordance with PG 3.2 up until December 31,2019. Any
funds,not committed under contract(pursuant to Section 3.12 of the Program Guidelines)to a unit as
of December 31, 2019,must be withdrawn from deposit and returned to the Agency; or, de-obligated
from the Member's IBIS master account. All units must be completed and closed out by June 30,
2020.
(d) De-obligation of Funds.Upon expiration of the agreement on June 30,2020,the Member must transfer
to the Agency any HOME funds not under contract for a specific unit and any accounts receivable
attributable to the use of HOME funds.
Part VIII. Program Funding; Management of Funds
Section 1: Subaward
The Agency has made a Subaward to the Member in the amount identified in Part V of this Agreement.
II
Section 2: Use of Funds
(a) ESFRLP funds shall be used to provide assistance to low-income homeowners for: the repair and
rehabilitation of their principle residence; the installation of energy-efficiency measures to decrease
energy use in the unit; temporary relocation of households to standard housing, at reasonable cost, if
in accordance with an Agency-approved written relocation policy;and lead-based paint evaluation and
remediation. ESFRLP funds shall pay for eligible hard and soft costs associated with housing
rehabilitation of single-family owner-occupied dwelling units; making the units safe, decent and
sanitary. ESFRLP assistance shall be in the form of a loan to the homeowner,which covers the eligible
hard costs associated with the rehabilitation of the unit. ESFRLP assistance used to pay eligible soft
costs associated with the rehabilitation of the unit shall be in the form of a grant to the homeowner. In
order to ensure each Member is conveying certain HOME Program requirements to the eligible
homeowners, the Member must use the Agency-provided loan documents listed in the ESFRLP17
Program Guidelines.Failure to do so shall constitute a material breach of this Agreement.
(b) The Member must identify eligible units in accordance with the ESFRLP Program Guidelines. The
budget for each unit assisted can be found on the Settlement Data Sheet which is referenced at PG
2.3.2 and is a part of the unit workbook.
(c) The Member must repay the Agency for any costs deemed ineligible by the Agency in the Agency's
sole discretion. The Member must also repay the Agency for any expended funds for units that do not
meet the ownership and property requirements as stated in PG 4.1.3 & 4.1.4 (24CFR92.254(b)),
"Qualification as affordable housing: homeownership". Any funds repaid to the Agency shall be
subject to imputed interest.
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Section 3: Disbursement of Funding
(a) The Member cannot request disbursement of ESFRLP funds until funds are needed for actual
payment of eligible costs as defined in the ESFRLP17 Program Guidelines (PG 2.2.4). The amount
of the request must be limited to the actual amount needed. Any interest earned on ESFRLP funds
held by the Member must be spent prior to using any other ESFRLP funds.
(b) ESFRLP funds will be disbursed to the Member through electronic payments from the Agency and
in accordance with PG 3.2.
(c) The Member is eligible to request Program funds from the Agency only after the Agency has received
this executed Agreement and a completed Signatory Form and Certification card("Signatory card").
(d) The Member must complete all work under this Agreement and disburse all ESFRLP funds in
accordance with the Program Guidelines, specifically Sections 3.3 and 3.4.
Section 4: Deposit of Funds
(a) The Member shall establish a master account in an FDIC-insured banking institution to hold all
Program funds. All interest earned on ESFRLP funds shall be utilized in accordance with this
Agreement.
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(b) All Program funds must be expended for eligible costs within twelve days of receipt. Any interest
earned within the twelve-day period shall be retained as Program funds. Any interest earned on
Program funds not expended for eligible costs within twelve days must be returned to the Agency.
(c) The Agency reserves the right to require that all deposits made in the master account be available for
withdrawal by the Member and the Agency. If the Agency chooses to exercise this option, an
agreement for custodial accounts will be provided by the Agency.
Section 5: Establishment and Maintenance of Accounting Records
(a) The Member agrees to establish an account in its own general ledger for funds received under this
Agreement, and ESFRLP funds,including interest earned, shall be accounted for separately from all
other monies.
(b) The Member's financial management system shall provide for:
(1) Accurate,current and complete disclosure of the financial results of the Program in accordance
with the reporting requirements.
(2) Records that identify adequately the source and application of funds for activities supported by
the Program.
(3) Effective control over and accountability for all funds received under this Agreement.
(4) Comparison of actual outlays with budgeted amounts for the Program.
(5) Accounting records that are supported by source documentation.
(6) Systematic methods to assure timely and appropriate resolution of audit findings and
recommendations.
(c) The Member agrees that its records,as they relate to this agreement, shall be accessible to HUD and
the Agency and their respective agents or representatives, including the North Carolina State
Auditor's Office in accordance with N.C.G.S. §147.64.7(4).
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Section 6: Procurement Procedures
The Member will have written procurement procedures that reflect the procurement standards found at 2
C.F.R. §200.318- §200.326. The Member will use written contracts with all firms providing services for
rehabilitation work or professional services under the Program.
Section 7: Recapture of Funds.
The Agency reserves the right to recapture the Subaward from the Subrecipient. Events of recapture
include, but are not limited to, Subrecipient's failure to comply with the terms and conditions of this
Agreement and the Agreement Documents or if the Agency deems, in its sole discretion, that Subaward
funds were misused or misapplied by the Subrecipient.
PART IX. Program Management
Section 1: Program Guidelines
The terms of the Agreement are subject, in all respects, to the ESFRLP17 Program Guidelines, and all
defined terms used in this Agreement shall have the same meanings as used in the ESFRLP17 Program
Guidelines. The Agency shall have the right from time to time, in its sole discretion, to amend all or any
portion of the Program Guidelines for the purpose of providing for any and all modifications, updates,
changes, amendments or supplements to applicable laws, regulations or Program changes. The Agency
shall give the Member notice of such amendment not less than 30 days before the effective date of such
amendment unless the Agency is obligated by law or regulation to implement such amendment in a shorter
time period.
In the event the Program Guidelines are revised, the Agency will forward such revisions to the Member
and, thereby, make them a part of this Agreement. Failure of the Member to comply with the terms and
conditions of the ESFRLP 17 Program Guidelines,as supplemented or amended shall be an event of default
by the Member under this Agreement.
Section 2: Program Documents
Members must use loans to finance eligible repairs for participants. Each ESFRLP loan shall be evidenced
by a promissory note. In order to secure the note,the Member shall require the execution and recordation
of a lien (i.e. Deed of Trust) against a property being improved. The Agency shall provide prepared-
standard deeds of trust and promissory notes and other ancillary loan documents to the Member. The
Member is required to facilitate the loan closing, record the Deeds of Trust and submit the documents to ?'?
the Agency in accordance with PG 4.5 &4.6.
Additionally, Members must use grants to fund the soft costs (work write-ups, cost estimates, lead-based
paint inspections, energy audits, pre-rehab unit inspections, etc.) associated with housing rehabilitation.
The Member is responsible for facilitating the execution of the Agency-prepared Grant Agreement.
Section 3: Member Responsibility
(a) Members are responsible for Project Financial Administration as outlined in Section 3 of the
ESFRLP17 Program Guidelines for compliance with the Loan Processing Requirements in Section 4
of the ESFRLP17 Program Guidelines. The Agency expects the Member to be active in the
management and monitoring of the activity funded with the ESFRLP funds including ensuring
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Program eligibility of homeowners, facilitating loan closings, and inspecting work performed and
training and supervising its staff adequately.The Agency has received and reviewed information that
describes the Member's operating plan for staffing and administering its Project. The Agency has
relied on the information provided by the Member in the Member's original ESFRLP17 Application
for Funding in making its decision to approve the grant and execute this Agreement. The Member
must notify the Agency about any material changes in its operating plan,any events that may have a
significant impact on the Project, or any other changes to information provided in the Members
original ESFRLP17 Application for Funding.
(b) The Member shall execute a Written Agreement (the "Homeowner Written Agreement") with each
Homeowner to be assisted, prior to disbursing any funds for the unit. The Written Agreement is
provided by the Agency and complies with 24 CFR 92.504(5)(ii).The Agency will enforce the terms
of the Written Agreement through a deed of trust recorded against the property using any legal
remedy available,including possible foreclosure of the project,and/or any other remedy specified for
breach in the loan documents.
(c) If the Member is monitored by the Agency or an authorized representative and if a lack of proper
financial or project controls is observed, the Agency reserves the right to consider this agreement
breached and may hold disbursement requests from the Member until such issues are resolved.
Section 4: Right to Inspect
The Agency,HUD and the Comptroller General of the United States,or their authorized representatives or
agent, shall have the right to inspect the housing rehabilitation work performed with ESFRLP17 funds
provided under this Agreement for the purpose of determining if work is being carried out in accordance
with the ESFRLP17 Program Guidelines and the HOME regulations. All dwelling units rehabilitated under
ESFRLP17 must meet the ESFRLP17 Rehabilitation Standards in accordance with PG 2.5.
Part X. Reporting and Audit Requirements
Section 1: State Requirements.
(a) If the Member is a non-profit organization or otherwise meets the definition of a "Subgrantee" in
N.C.G.S. §143C-6-23(a)(4) then it is subject to the State reporting requirements mandated by
N.C.G.S. § 143C-6-23, as may be amended from time to time. Therefore, the Member is required
to file annual electronic reports with the NC Office of State Budget & Management. A
"Subgrantee" that receives, uses, or expends State funds and in the amount greater than five
hundred thousand dollars($500,000)within its fiscal year(from any source)must have an audit in
accordance with 09 NCAC 03M .0205. The amounts and requirements listed in the statute may
change from time to time and it is the Member's responsibility to periodically check the statutes
for any amendments or changes thereto.
(b) If the Member is a unit of local government then it must comply with N.C.G.S. § 159-34, as may
be amended from time to time, as referenced in the ESFRLP17 Program Guidelines, Section 3.8
Financial Audit Requirements.
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Section 2: Audit
A. The Subaward is funded with federal funds and as such any requirements applicable to recipients
of federal funds will be required of Subrecipient. Note: 2 CFR Part 200.110 states, in part, that 2
CFR Part 200 supersedes the following OMB Guidance documents and regulations under Title 2
of the Code of Federal Regulations: A-87 (Cost Principles for State, Local and Indian Tribal
Governments), A-102 (Grants and Cooperative Agreements with State and Local Governments),
A-110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profits), A-122 (Cost Principals for Non-Profit
Organizations), and A-133 (Audits of States, Local Governments and Non-Profit Organizations).
The Subrecipient is required to review and comply with 2 CFR Part 200 requirements related to
units of local government or non-profit organizations, as may be applicable, that were previously
found in the OMB Circulars.
i.
Subrecipient must permit the Agency's auditors to have access to the Subrecipient's records
and financial statements as necessary,in the discretion of the Agency,to meet the requirements
of 2 CFR §§200.300 Statutory and national policy requirements through 200.309 Period of
performance, and 2 CFR 200 Subpart F—Audit Requirements.
ii. The Subrecipient will comply with 2 CFR Subpart F—Audit Requirements,as may be amended
from time to time,which states,in part:
a. A Subrecipient that expends $750,000 or more in federal awards during its fiscal year
from any source, including federal funds passed through the State or other grantors,
must obtain a single audit or program-specific audit conducted for that year in
accordance with 2 CFR 200 Subpart F-Audit Requirements. (§200.501 (a))
b. A Subrecipient that expends $750,000 or more during its fiscal year in Federal awards
must have a single audit conducted in accordance with 2 CFR 200.514 Scope of audit
expect when it elects to have a program-specific audit conducted in accordance with
paragraph(c)of this section. (2 CFR§200.501 (b)) f'€'
c. An auditee that expends Federal awards under only one Federal program (excluding
R&D) and the Federal program's statutes, regulations, or the terms and conditions of
the Federal award do not require a financial statement audit of the auditee,the auditee
may elect to have a program-specific audit conducted in accordance with 2 CFR
§200.507 Program-specific audits. (2 CFR§200.501(c))
d. A Subrecipient that expends less than$750,000 during its fiscal year in Federal awards
is exempt from Federal Audit requirements for that year, except as noted in 2 CFR
§200.503 Relation to other audit requirements,but records must be available for review
or audit by appropriate officials of the Federal Agency, Pass Through Entity, and
Government Accountability Office. (2 CFR 200.501(d)).
Section 3: Reports
(a) The Member shall submit to the Agency Unit Completion Reports in accordance with PG 3.10.2
(b) The Member shall submit a Certification of Completion and Final Cost form to the Agency not later
than June 30, 2020.
(c) The final certification shall contain a summary of the use of funds provided under this Agreement.
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(d) The Member shall submit to the Agency such revisions and updates of reports as may be necessary
as a result of project audits or reporting errors.
(e) All reports and audit confirmations shall be sent to:
North Carolina Housing Finance Agency
Attention: Mark Lindquist, Senior Program Compliance Coordinator
PO Box 28066
Raleigh,NC 27611-8066
or
Email Address: mwlindquist @nchfa.com
Section 4: Close Out:
(a) The Member must initiate close-out procedures when the Date of Completion identified in the
Funding Agreement is reached.
(b) No new rehabilitation contracts obligating any ESFRLP funds may be executed after the Date of
Completion. Contracts executed prior to the Date of Completion may be amended after that date by
no more than ten percent(10%) of the original contract amount in order to accommodate necessary
changes to the scope of work.
(c) Members will be required to submit the Certification of Completion and Final Cost form(CCFC)to
the Agency no later than 6 months following the Date of Completion. The Member will also be
required to submit revisions and updates of the Certification that may be necessary as a result of
audits or reporting errors.
(d) All ESFRLP funds not disbursed for eligible costs associated with rehabilitation contracts executed
prior to the Date of Completion,including all net Program income/interest earned,must be remitted
to the Agency with the CCFC.
(e) Members are required to submit a minimum of one (1) human interest story, with photographic
documentation of before and after rehabilitation, focusing on one of the households assisted under
ESFRLP 17.
f'.
PART XI: Representations, Warranties and Covenants
The Member hereby warrants,represents and covenants that:
(a) It is a unit of local government that reports to the Local Government Commission or it is a non-
profit entity duly organized and in good standing in the State of North Carolina.
(b) All Subaward funds must be used for purposes and activities described in this Agreement.
(c) Housing assisted with HOME funds is subject to the Lead-Based Paint Poisoning Prevention Act(42
U.S.C.4821-4846),the Residential Lead Based Paint Hazard Reduction Act of 1992(42 U.S.C.4851
—4856),and the implementing regulations at 24CFR35, subparts A,B,J,K,M and R.
(d) If the Member is a governmental body, it will comply with OMB Circular A-87 as amended or
superseded by 2 C.F.R. 200, related to certain principles and standards for determining costs for
Federal awards carried out through grants, cost reimbursement contracts and other agreements with
State and local governments.
(e) It will comply with the sections regarding financial management and procurement standards for the
HOME program found at 24 C.F.R. §§ 85.6, 85.12, 85.20, 85.22, 85.26, 85.32-85.34, 85.36, 85.44,
85.51 and 85.52,as may be amended from time to time. If the Member is a not-for-profit organization
Page 9 of 16
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it will comply with OMB Circular A-122, as amended or superseded by 2 C.F.R. 200, which
established principles for determining costs of grants,contracts and other agreements with non-profit
organizations as well as the following sections regarding standards for financial management and
procurement standards: 24 C.F.R. §§84: 84.2, 84.5, 84.13 -84.16, 84.21, 84.22, 84.26-84.28, 84.30,
84.31, 84.34—84.37, 84.40—84.48, 84.51, 84.60—84.62, 84.72 and 84.73.
(f) The Member must comply with 24 C.F.R. §92.351 with regards to actions taken to assure MBE/WBE
are utilized when possible in the procurement of goods and services.
(g) The Member must maintain sufficient records of affirmative marketing and MBE/WBE activity in
accordance with 24 C.F.R.9§2.508 (7)(ii).
(h) Debarred, suspended or ineligible contractors and/or participants cannot be involved in the activities
of the Member for which funds are provided under this agreement.
(i) The Member will make a good-faith effort to, on a continuing basis,maintain a drug-free workplace
per the requirements of 24 C.F.R. §21 (B).
(j) The Member and its activities must comply with all of the following Federal laws, executive orders G;
and regulations pertaining to fair housing and equal opportunity. They are: Title Vl of the Civil
Rights Act of 1964,As Amended(42 U.S.C.2000d et seq.),found in 24CFR Part 1;The Fair Housing
Act(42 U.S.C.3601-3620),found in 24CFR Part 100-115;Equal Opportunity in Housing(Executive
Order 11063,as amended by Executive Order 12259),found in 24CFR Part 107;Age Discrimination
Act of 1975,As Amended(42 U.S.C. 6101), found in 24CFR Part 146. The Member must describe
the actions it will take in the areas of enforcement, education, and removal of barriers and
impediments to affirmatively further fair housing according to applicable state and federal law. The
Member certifies that it will affirmatively further fair housing, including the following: conducting
an analysis to identify the effects of any impediments identified through that analysis and maintaining
records reflecting the analysis an actions in this regard.
(k) In order to assure that each Member is conveying certain HOME Program requirements to the eligible
homeowners, the Member must comply with the following Program Guidelines: PG 4.1.4.2
(Homeownership Affordability). PG 2.6.1 Property Standards; and Section 15(a) of this Agreement.
(1) It will provide a written statement completed by the Member's board of directors or other governing
body stating that the Subrecipient does not have any overdue tax debts,as defined by N.C.G.S. §105-
243.1,at the federal,State or local level. The written statement shall be made under oath and returned
to the Agency in order for program disbursements to be made (Certification example included in
Attachment 1,unless already submitted and approved).
(m) It will sign and provide the Certification and Assurances document attached here to as Attachment 2.
(n) It will comply with N.C.E-Verify which means the federal E-Verify program operated by the United
States Department of Homeland Security and other federal agencies, or any successor or equivalent
program used to verify the work authorization of newly hired employees pursuant to federal law. If
Subrecipient employs 25 or more employees in the State of North Carolina, then Subrecipient must
comply with the provisions of N.C. Gen. Stat. §64-26 including verifying the work authorization of
its employees through E-Verify and retaining the records of verification for a period of at least one
year. All subcontractors engaged by or to be engaged by Subrecipient have or will have likewise
complied with the provisions of N.C. Gen. Stat. §64-26.
(o) None of the funds provided under this Agreement shall be used in the performance of this Agreement
for any partisan political activity (24 C.F.R. §91.225), or to further the election or defeat of any
candidate for public office per the requirement of 24 C.F.R. §87.
Page 10 of 16
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(p) There will be no religious activities conducted in connection with the performance of this Agreement
or the use of ESFRLP17 funds.
(q) The Member will not discriminate against any person employed in the performance of this
Agreement, or against any applicant for assistance under this Agreement because of race, sex, age,
creed, color, physical handicap or national origin. The Member will ensure that applicants for
ESFRLP17 assistance are processed, and that employees are treated during employment, without
regard to race, sex,age, creed, color,physical handicap or national origin.
(r) No employee, officer or agent of the Member shall participate in the selection, or in the award or
administration of a contract funded by this Agreement if a conflict of interest,real or apparent,would
be involved.
(s) Before ESFRLP 17 funds may be disbursed, any Member that is a non-profit organization must be in
compliance with General Statute 143C-6-23. This statute requires that the Member submit to the
Agency a notarized copy of the Member's policy addressing conflicts of interest that may arise
involving any Member's management staff, board of directors or other governing body. The policy
shall address situations where any of these individuals may directly or indirectly benefit, except in
their official capacity, from the disbursement of State funds, and shall include actions to be taken to
avoid conflicts of interest or the appearance of impropriety.
(t) Before ESFRLP17 funds are disbursed, any entity of local government will adopt, by resolution of
its board of directors,or other governing body, a notarized copy of the Member's Conflict of Interest
Policy. The policy must address situations that may arise involving any Member's employees,
management staff,board of directors,or other government body,where any of these individuals may
directly or indirectly benefit, except in their official capacity, from the disbursement of Subaward
funds, and shall include actions to be taken to avoid conflicts of interest or the appearance of
impropriety.
(u) No person providing consulting services in an employer-employee type relationship shall receive
more than reasonable compensation for personal services paid with ESFRLP17 funds. In no event,
however, shall such compensation exceed the limits in effect under the provisions of any applicable
statute. Such services shall be evidenced by written agreements between the parties which detail the
responsibilities, standards and compensation.
(v) ESFRLP17 funds may not be used to pay for administrative expenses (PG 2.2.4.3). The Member is
prohibited from charging servicing, origination, processing, inspection, or other fees for
administering the ESFRLP17,HOME-funded program, except as permitted by §92.214(b)(1).
Part XH. Termination
Should Member breach or fail to comply with any or part of the provisions or terms of this Agreement,
continue as a going concern, become insolvent, defunct, or commence bankruptcy proceedings, or should
any employee, agent, director officer or senior manager of Subrecipient engage in fraud, misconduct or
negligence or misappropriate any Funds, the Agency may terminate this Agreement, and all of its
obligations hereunder, immediately upon written notice, and the remaining Program Funds shall revert
immediately to the Agency. This applies to all terms and conditions of the Agreement at the time the
Agreement is signed and at any subsequent point if the status of the Subrecipient changes, including but
not limited to, the provisions that Subrecipients receiving these Funds shall not have been indicted or
employ those that have been indicted for a violation under Federal Law relating to an election for Federal
office.
Page 11 of 16
17
i
A. The Subrecipient hereby agrees to remain fully informed of all laws and regulations that apply to
the Subrecipient, and will give the Agency prompt notice of any action or event that may be cause 1
for suspension or termination of this Agreement and recapture Funds and/or rescind its obligation
to awarded Funds to Subrecipient in the event of Subrecipient's non-compliance with the terms and
conditions of the grant, as outlined in the Agreement and the Agreement Documents.
B. The Agency may terminate,in its sole discretion,this Agreement and all of its obligations hereunder
immediately upon written notice to Subrecipient, and recapture Program Funds from Subrecipient
and/or rescind its obligation to disburse Funds to Subrecipient in the event Subrecipient is not in
compliance with the terms and conditions of this Agreement.
C. Either the Member or the Agency may terminate this Agreement at any time for any reason by
providing 30 days prior written notice to the other party. In the event of said termination by the
Member, the Agency will require the return of any disbursed, but unused funds and may require
completion of any current units being rehabilitated at the time of the notice.
D. Upon termination of this Agreement all of the Subrecipients work product, including files
pertaining to this Agreement, shall become the property of the Agency if requested.
E. In the event of termination,the Member shall not be relieved of liability to the Agency for damages
sustained by the Agency by virtue of any breach of the Agreement by the Member. The Agency
may withhold any reimbursement to the Member for the purpose of a set-off until such time as the
exact amount of damages due the Agency from the Member is determined.
F. In the event of a termination of this Agreement, Subrecipient must continue to comply with record
retention requirements and provisions regarding confidentiality and indemnification.
Part XIII. Default,Remedy, Suspension and Termination of Subaward
A. Each of the following may be deemed an Event of Default under this Agreement:
1. Any material failure by Subrecipient to comply with the terms and conditions of this
Agreement whether stated in this Agreement, a federal statute or regulation,North
Carolina statute or regulation,the Agreement Documents or any warranty or assurance by
Subrecipient.
2. Subrecipient fails to expend Funds in accordance with Program requirements.
3. Subrecipient fails to return Funds,subject to recapture,to the Agency within the requested
time frame.
4. Subrecipient becomes the subject of a federal,state,or local investigation related to the use
of federal or state funds.
5. Subrecipient fails to continue as a going concern; becomes insolvent, defunct, or
commences bankruptcy proceedings; or should any director, officer, or senior manager of
Subrecipient engage in fraud, willful misconduct, and gross negligence or misappropriate
any Funds.
Page 12 of 16
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6. Subrecipient's acts or omissions, in the sole determination of the Agency, may cause
significant reputational harm to the Agency or the Program.
7. Any Subrecipient misrepresentation in its application or supporting material which, if
known by the Agency, would have resulted in the Subaward not being made.
B. Discovery of Events
The Agency may become aware of Events of Default in any number of ways,including but not
limited to:
1. Third party compliance reviews;
2. Random file reviews;
3. Reports of noncompliance by third parties such as media, government agencies,
Subrecipient's clients, and/or whistle blowers; or
4. Reviews of audited financial statements and other Uniform Guidance audits.
C. Notice of Events of Default. If the Agency becomes aware of an Event or Events of Default, the
Agency will give Subrecipient written notice of the occurrence and a reasonable opportunity to
respond to notification or take corrective action as appropriate, if, in the discretion of the Agency
the default is capable of being cured. The Agency reserves the right to send notification to
Subrecipient's Board of Directors,the State of North Carolina and HUD.
D. Failure to Remedy an Event of Default.If Subrecipient is unable to cure the Event of Default to the
satisfaction of the Agency, then the Agency may
1. Recover misspent or unspent Funds;
2. De-obligate awarded but undisbursed Funds;
3. Terminate the Agreement for cause.Upon termination of the Agreement,all unspent Funds
(as determined by the Agency) shall revert immediately to the Agency, in either the form
of recapture or de-obligation;
4. Use information learned in the process of consideration of future funding actions;
5. Recapture Funds; or
6. Take other legally available remedies.
Part XIV. General Terms and Conditions
Section 1: Publicity
The Member may publicize its participation in the Program and the conduct of activities under this
Agreement without prior review by the Agency, provided that all communications contain the following
language: "This program was sponsored by Orange County, with funds provided by the N.C. Housing
Finance Agency." Copies of publications or news releases shall be furnished to the Agency.
Page 13 of 16
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ij
Section 2: Records Retention Policies
1. The Subrecipient shall establish and comply with a records retention policy. This policy shall
be made available to the Agency at its request.
2. Financial records, supporting documentation, statistical records, and all records pertinent to
the subaward shall be retained for a period of five(5)years from the date of the project close
out letter(PG 3.6.1).The only exceptions are as follows:
a. If any litigation, claim or audit is started before expiration of the five(5)year period,the
records shall be retained until the litigation, claims or audit fmdings involving the records
have been resolved and final action taken.
b. Records for real property and equipment acquired with grant Funds shall be retained for
three (3)years after final disposition.
c. When the Subrecipient is notified in writing by the Federal awarding agency, cognizant
agency for audit, oversight agency for audit,cognizant agency for indirect costs, or the
Agency to extend the retention period.
d. If Subrecipient must report program income after the period of performance then it must
comply with 2 C.F.R. §200.333(e).
e. Subrecipient will comply with 2 C.F.R. §200.333 (f)as it relates to retention of records .
for indirect cost rate proposals and cost allocations plans.Under this section the
following types of documents and their supporting records shall be retained: indirect cost
rate computations or proposals,cost allocations plans, and any similarly accounting
computations of the rate at which a particular group of costs is chargeable: 1)if submitted
for negotiation see 2 CFR§200.333(f)(1); if not submitted for negotiation see 2 CFR
§200.333(f)(2).
3. Notwithstanding the foregoing retention policy, or any other provision of this Agreement, the
Agency,the Federal Awarding Agency,and their authorized representatives,agents' and third-
party contractors'will have access and a right to inspect Subrecipient's site,documents,records
and personnel access for evaluation purposes for as long as records are retained.
Section 3: Confidentiality
The Member must maintain the confidentiality and security of records in compliance with the North
Carolina Identity Theft Protection Act, the Gramm-Leach Bliley Act and other federal and state privacy
laws ("Applicable Laws"). The Applicable Laws pertain to the security and privacy of personal and
financial information along with identifying information such as social security numbers. The Member is
responsible for compliance with the Applicable Laws. In the course of providing services hereunder, the
Member may have access to an individual's confidential information. Confidential Information includes,
but is not limited to, names,personal addresses, credit reports, social security numbers and other personal
identifying information. Confidential Information shall be used by the Member only in conjunction with
Page 14 of 16
20
the provision of services hereunder and shall not be disclosed to any third party. The Member agrees to
hold harmless and indemnify the Agency for any cost, legal actions, or disputes of any nature whatsoever
incurred if the Member violates this provision or any Applicable Law. The Member shall keep all
Confidential Information secure, including without limitation, implementing physical security measures
and operating procedures.
Section 4: Mandatory Disclosures
The Member must disclose to the Agency,in a timely manner,in writing,all violations of Federal criminal
law involving fraud,bribery,or gratuity violations potentially affecting the Subaward of the Federal Award.
Failure to make required disclosures can result in any of the remedies for noncompliance listed in 2 C.F.R.
§200.338 including suspension or debarment(See also 2 C.F.R.part 180).
Section 5: Laws and Regulations
The Member agrees to remain fully informed of all laws and regulations that apply to the Subrecipient,and
will give Agency prompt notice of any action or event that may be cause for suspension or termination of
this Agreement. Failure to provide such notice will constitute a breach of this Agreement. Any and all
information regarding this Subaward should be forwarded to your auditors when organizing your annual
audit.
is
Section 6: Notices
All legal notices, reports, requests, demands and other communications under this Agreement shall be in
writing and referred to each party's point of contact as listed below. All such notices under this Agreement
sent to the other party shall be considered received: (a) when personally delivered; (b) when delivered by
commercial overnight courier with verification receipt; or(c)three(3)days after having been sent,postage
prepaid, via certified mail,return receipt requested.
To the Agency: North Carolina Housing Finance Agency
Attn: Michael Handley,Manager of Housing Rehabilitation
PO Box 28066
Raleigh,NC 27611-8066
To the Subrecipient: Orange County
Attn: Bonnie Hammersley,County Manager
PO Box 8181
Hillsborough,NC 27278
Section 7: Agreement Changes
Any proposed changes in this Agreement shall be in writing, submitted to and approved and executed by
the Agency before the performance of any work involved in the proposed change.
Section 8: Assignment
This Agreement cannot be assigned.
b
Page 15 of 16
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Section 9: Indemnification
The Member agrees to hold harmless and indemnify the Agency from any and all claims, loss, cost or
expense, including reasonable attorney's fees, for any injury or damage, whatsoever, which may arise in
connection with work performed under this Agreement or pursuant to the Member's activity, errors or
omissions in connection with this Agreement.
Section 10: Inconsistencies;No Waiver
In case any provision of this Agreement is held to be invalid,then such provision shall be amended by the
parties only to the extent necessary to be enforceable consistent with the parties' intent, and the remainder
I
of the provisions shall remain in full force and effect.No waiver by either party of any breach or failure of
:
compliance with respect to any provision of this Agreement shall be deemed a continuing waiver,nor shall
any delay or omission by either party to exercise any right hereunder impair in any manner the exercise of
any such right.
Section 11: Governing Law
This Agreement shall be governed by, construed and enforced in accordance with the substantive laws of
the State of North Carolina. Each party expressly consents to the jurisdiction of the State of North Carolina.
Section 12: Entire Agreement
This Agreement and all Attachments and/or Exhibits, specifically including the ESFRLP17 Program
Guidelines, constitutes the entire Agreement between the Agency and the Member.
III.Authorization of Signature
By signing this Agreement,the Member certifies that all representations made in its ESFRLP application
are true, and in the event of any misrepresentations,the Agency has the option to rescind any obligations
to Member regarding the Funds or recapture any Funds awarded or intended to be awarded to the
Subrecipient. The person signing this Agreement hereby certifies that he/she is authorized to execute this
agreement on behalf of the Subrecipient.
Orange County
By: Date:
Attest Its: County Manager
North Carolina Housing Fnance Agency
i .' , By Date: 244-2
Attest Its: Manager o ousing Rehabilitation tf
Page 16 of 16
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Attachment 1
CERTIFICATIONS AND ASSURANCES
By signing below,the authorized official of Member certifies,to the best of his/her knowledge and belief,
that:
Certification Regarding Lobbying jr
1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the Member,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 intending to influence an officer or employee of any agency, a Member of
Congress, or 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 Member will
complete and submit a Standard Form—LLL, "Disclosure Form to Report Lobbying", to the
Agency.
3) The Member will require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts, subgrants,and contracts under
grants,loans,or cooperative agreements)and that all subgrantees will certify and disclose
accordingly.
4) This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such failure.
Debarment, Suspension,and Other Responsibility Matters
The Member certifies by signing below that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction
by any federal department or agency.
23
Audit and Access to Records
The Member certifies by signing below that it complies with the Uniform Administrative Requirements,
Cost Principles,and Audit Requirements for Federal Awards(2 C.F.R 200),will provide notice of the
com p letion of re q uired audits and any adverse findings which im p act this subaward as re quired by parts
200.501-200.521, and will provide access to records as required by parts 200.336,200.337,and 200.201
as applicable.
English Language 2 CFR§200.111
The Member certifies by signing below that it will comply with 2 CFR§200.111 which states, in part,
that all Federal financial assistance announcements and Federal award information must be in the English
language and must be in the terms of U.S.Dollars. The Subrecipient may translate the Federal award and
p Y
other documents into another language.In the event of inconsistency between any terms and conditions of
the Federal award and any translation into another language,the English language meaning will control.
Where a significant portion of the Subrecipient' s employees who are working on the Federal
award/Subaward are not fluent in English,the Subrecipient must provide the Federal award/Subaward in
English and the languages with which the employees are more familiar.
Conflict of Interest 2 CFR§200.112
The Member certifies by signing below that it will disclose in writing to the Agency any potential
conflicts of interest in accordance with applicable Federal Awarding Agency policy or Agency policy.
Mandatory Disclosures 2 CFR ti 200.113
The Member certifies by signing below that it agrees to comply with 2 CFR§200.113 which states that
the Subrecipient must disclose, in a timely manner,in writing to the Agency all violations of Federal
criminal law involving fraud,bribery, or gratuity violations,potentially affecting the Federal Award.
Failure to make required disclosures can result in any of the remedies described in 2 CFR§200.338
Remedies for noncompliance,including suspension or debarment.
Authorized Member Signature
Print Name:
Title:
Date:
24
Attachment 2
ESFRLP Program Guidelines
For Pool Member's convenience, ESFRLP Administrator's Manual (Program Guidelines) can now be
found online at NCHFA's website at(www.nchfa.com).
The terms of the Agreement are subject to the ESFRLP Administrator's Manual (Program Guidelines) in
all respects,whether specifically referenced in this Agreement,and all defined terms used in this Agreement
shall have the same meanings as used in the Program Guidelines. Your Administrator's Manual contains
program guidelines along with many of the forms and documents needed to successfully manage your
project under ESFRLP17. Pool Members should periodically check the website for updates
In the event the Program Guidelines are revised,the Agency will provide a 30 day notice to all Pool
Members. After such notice to Pool Members all revisions are thereby made a part of this Agreement.
Failure of the Recipient to comply with the terms and conditions of the Program Guidelines shall be an
event of default by the Recipient under this Agreement.
25
Attachment 3
IRAN DIVESTMENT ACT CERTIFICATION
REQUIRED BY N.C.G.S. 143C-6A-5(a)
Name of Vendor: Orange County
As of the date listed below, Orange County warrants and certifies that Orange County is not identified on
the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. 143-6A-4 and
found at www.nctreasurer .com/Iran. The person signing this certification certifies that he or she is
authorized by Orange County to make the foregoing certification. Orange County further agrees that it will
not utilize any subcontractor that is identified on the Final Divestment List in connection with any contract
or bid with the North Carolina Housing Finance Agency.
Signature Date
Printed Name Title
Notes to persons signing this form:
N.C.G.S. 143C-6A-5(a)requires this certification for bids or contracts with the State of North
Carolina, or any agency or other political subdivision of the State of North Carolina. The certification
is required at the following times:
• When a bid is submitted
• When a contract is entered into(if the certification was not already made when the vendor
made its bid)
• When a contract is renewed or assigned
N.C.G.S. 143C-6A-5(b)requires that contractors with the State, a North Carolina local government, or
any other political subdivision of the State of North Carolina must not utilize any subcontractor found
on the State Treasurer's Final Divestment List.
26
ATTACHMENT 2
Orange County
Assistance Policy
For the 2017 Cycle of the
Essential Single-Family Rehabilitation Loan Pool
What is the Essential Single-Family Rehabilitation Loan Pool?
Orange County has been awarded Membership by the North Carolina Housing
Finance Agency ("NCHFA") under the 2017 cycle of the Essential Single-Family
Rehabilitation Loan Pool ("ESFRLP17"). This program provides Members with funds
via a "loan pool" to assist with the rehabilitation of moderately deteriorated homes
that are owned and occupied by lower-income, special need households. ESRLP17
assists eligible households by facilitating aging in place, meeting minimum housing
code requirements, promoting long-term affordability, lowering operating costs, and
stabilizing pre-1978 homes that include children aged 6 or under whose health is
threatened by the presence of lead hazards.
Orange County has been allocated an initial set-aside of$175,000 which it plans to
apply toward the rehabilitation of five houses in Orange County. After demonstrating
successful use of the initial set-aside, the County may access additional funds, when
available, on a unit-by-unit basis from the ESFRLP17 loan pool.
This Assistance Policy describes who is eligible for assistance under ESFRLP17,
how applications for assistance will be ranked, what the terms of assistance are, and
how the rehabilitation process will be managed. Orange County has designed the
ESFRLP17 project to be fair, open and consistent with its approved application for
funding and with ESFRLP17 Program Guidelines.
The funds provided by NCHFA come from the US Department of Housing and Urban
Development's (HUD) Federal HOME Investment Partnerships Program. Assistance
for construction-related costs (hard costs) will be provided as no interest, no payment
loans which are forgiven at the rate of$3,000 per year. Non-construction-related
costs (soft costs including lead/asbestos inspections/clearances, radon testing and
environmental reviews) will be provided in the form of a grant.
Who is Eligible to Apply?
There are three major requirements to be eligible for ESFRLP17 assistance:
1) The housing unit to be rehabilitated with ESFRLP funds must be located in
Orange County, and must be owner-occupied. The household occupying the unit
must have an elderly, disabled and/or veteran (see definitions) fulltime household
member or a child aged 6 or under if there are lead hazards in the home;
2) The gross annual household income must not exceed 80% of the Area Median
Income for the County (see income limit table on the following page) and;
3) The cost of rehabilitation cannot exceed the ESFRLP17 Program limit of$25,000
and must include all Essential Rehabilitation Criteria as described in the
ESFRLP17 Administrator's Manual (available online at www.NCHFA.com).
Unfortunately, not all homes can be rehabilitated to meet the Essential Rehabilitation
Criteria with the limited funding available. Some otherwise-eligible households may
be deemed ineligible for assistance because their homes fail this test.
27
What Types Of Houses Are Eligible?
Properties are eligible only if they meet all of the following requirements:
• The property must require at least $5,000 of improvements to meet ESFRLP
Property Standards or the local minimum housing code.
• Site-built and off frame modular units are eligible for assistance. Manufactured
housing is eligible for assistance if the foundation and utility hookups are
permanently affixed including removal of all transporting equipment (e.g. wheels,
axles, tongue) and installation of a full masonry foundation and tie-downs.
• No more than fifty percent (50%) of the total area of the unit may be used for an
office or business (e.g. day care). Program funds may only be used to improve
the residential portion of mixed-use buildings.
• The property must be free of environmental hazards and other nuisances as
defined by all applicable codes or regulations, or any such hazards or nuisances
must be corrected as part of the rehabilitation of the home. Orange County's
Rehabilitation Specialist will determine the presence of any known environmental
hazards/nuisances on the site and if they can be removed through rehabilitation.
• Properties cannot be located in the right-of-way of any impending or planned
public improvements. Orange County staff will assist in making this determination.
• The property cannot be located on a site that is endangered by mudslides,
landslides or other natural or environmental hazards. If needed, the
Rehabilitation Specialist will work with the homeowner to make this determination.
• The property may be located in the 100 year flood plain if the lowest finished floor
level (verified by an elevation certificate provided by the homeowner) is above the
base flood elevation and the property will be covered by flood insurance. The
property must be in compliance with Orange County's flood plain ordinance. All
things considered equal, properties located outside the 100-year flood plain will
be given priority over properties located in the 100-year flood plain. (Orange
County will verify whether the home is in the flood plain.)
• The property cannot have been repaired or rehabilitated with public funding of
$25,000 or more within the past 10 years without NCHFA approval.
2016 Income Limits for Orange County's
Essential Single-Family Rehabilitation Loan Pool
Number in 30%of 50% of Median 80% of
Household Median ("Very Low Median ("Low
Income Income) Income)
1 $14,850 $24,750 $39,600
2 $17,000 $28,300 $45,250
3 $19,100 $31,850 $50,900
4 $21,200 $35,350 $56,550
5 $22,900 $38,200 $61,100
6 $24,600 $41,050 $65,600
7 $26,300 $43,850 $70.150
8 $28,000 $46,700 $74,650
*Income limits are subject to change based on annually published HUD HOME Limits.
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How are applications ranked?
There are many more ESFRLP-eligible households (with eligible houses) than can be
assisted with the available funds. Therefore, Orange County has devised the
following priority system to rank eligible applicants, determine which of them will be
selected for assistance and in what order. Under this system applicants will receive
points for falling into certain categories. Applications will be ranked according to
which receive the most points. If there are more eligible applicants with eligible
houses than can be treated with existing funding, Orange County may be able to
treat additional houses with unrestricted pool funds. Pool applicants will come from
the original applicant list and be considered according to which received the most
points. If alternate pool applicants are not identified on the original applicant list and
must be solicited, the solicited, eligible, pool applicants will be selected on a first
come first served basis.
Priority Ranking System for Orange County's
2017 Single-Family Rehabilitation Loan Pool
Special Needs (for definitions, see below) Points
Household with a child age 6 or under with lead hazards in the home 5
Elderly Head of Household (62 or older) 4
Disabled Head of Household 4
Veteran Head of Household 4
Disabled, Elderly or Veteran Household Member (not Head of Household) 2
Income (See Income Table above) Points
Less than 30% of County Median Income 3
30% to 50% of County Median Income 4
50% to 80% of County Median Income 3
Definitions under EESFRLP17 are:
• Elderly: An individual aged 62 or older.
• Disabled: A person who has a physical, mental or developmental disability that
greatly limits one or more major life activities, has a record of such impairment, or
is regarded as having such impairment.
• Head of Household: The person or persons who own(s) the house.
• Household Member. Any individual who is an occupant (defined below) of the
unit to be rehabilitated shall be considered a "household member" (the number of
household members will be used to determine household size and all household
members are subject to income verification).
• Occupant: An occupant is defined as any immediate family member (mother,
father, spouse, son/daughter of the head of household who has resided in the
dwelling unit for at least 3 months prior to the submission of the family's
application.
• Veteran: A person who is a military veteran, is defined as one who served in the
active military, naval, or air service (i.e. Army, Navy, Air Force, Marine Corps, and
Coast Guard; as a commissioned officer of the Public Health Service; or as a
commissioned officer of the National Oceanic and Atmospheric Administration or
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its predecessors), and who was discharged or released there from under
conditions other than dishonorable.
Recipients of assistance under ESFRLP will be chosen by the above criteria without
regard to race, color, religion, national origin, sex, familial status and disability.
What Are The Terms of Assistance Under ESFRLP17?
The form of ESFRLP assistance is a 0% interest, forgivable loan covering the hard
costs associated with the rehabilitation of the home and a grant for the soft costs.
These will be two separate documents or sets of documents.
The Loan: To provide assistance to households selected for the project, NCHFA will
create loan documents including a Promissory Note and Deed of Trust covering hard
costs for the rehabilitation in an amount not to exceed $25,000. This loan covering
the hard costs remains 0% interest and forgivable at $3,000 per year for as long as
the owner resides in the home or until the balance is reduced to $0. The term of the
loan is dependent upon the loan amount and the number of years it takes to bring the
balance of the loan to $0 when forgiven at $3,000 per year. For example, if the
amount of the loan is $21,452, then the term is 8 years ($21,000 forgiven over the
first 7 years and $452 forgiven at the end of the 8th year). The maximum term of the
loan will be nine years.
As long as the borrower lives in the home, no payments on the loan will be required.
If the recipient prefers, the loan can be paid off at any time to NCHFA, either in
installments or as a lump sum payment. Furthermore, under certain circumstances
NCHFA may allow assumption or refinancing of the loan. Should an heir inherit the
property and choose to live in the house as their permanent residence, they may
assume the loan without being income eligible. However, the lien remains on the
property. A buyer who may wish to buy the property to live in may assume the loan
so long as they can document that they are income-eligible (_< 80% AM I). Default can
occur if the property is sold or transferred to another person and/or if the borrower
fails to use the home as a principal residence, without prior written approval of the
North Carolina Housing Finance Agency.
The Grant: To pay for soft costs including application outreach/intake/management,
environmental reviews/inspections/testing and project assessment/documentation/
estimating/bidding, NCHFA will create a Grant Agreement not to exceed $10,000.
The grant has no repayment or recovery terms.
What Kinds Of Work Will Be Done?
Each house selected for assistance must be rehabilitated to meet ESFRLP17
Rehabilitation Criteria. That means every house must, upon completion of the
rehabilitation:
• meet the more stringent requirements of either NCHFA's Essential Property
Standard or Orange County's Minimum Housing Code (These are so-called
"habitability standards" which set minimum standards for decent, safe and
sanitary living conditions.) Additionally, the home must meet applicable Lead-
Based Paint regulations 24 CFR part 35.
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• retain no "imminent threats" to the health and safety of the home's occupants or to
the home's "structural integrity". (An example of an imminent threat to occupants
as well as to the home's structural integrity is an infestation of insects or a
crawlspace that is too damp).
These requirements are spelled out in full in the ESFRLP17Administrator's Manual
which you may view, at reasonable times, upon request, at the Housing, Human
Rights and Community Development office of Orange County or anytime online at
www.NCHFA.com.
In addition to the above items that must be done to satisfy NCHFA requirements, the
scope of work may include approved items meant to reduce future maintenance and
operational costs or to further protect homes from natural disasters and/or home
modifications designed to enable greater accessibility for household members to
function more independently as they age.
Once the rehabilitation is complete, major systems in the home that, with reasonable
maintenance and normal use, should be capable of lasting another 5 years include:
structural support, roofing, cladding and weatherproofing, plumbing, electrical and
heating/cooling systems.
Of course, contractors performing work funded under ESFRLP17are responsible for
meeting all local requirements for permits and inspections. All work done under the
program must be performed to meet NC State Residential Building Code standards.
(This does not mean, however, that the whole house must be brought up to current
Building Code Standards.)
What About Lead-based Paint?
Until it was discovered to be a health hazard, lead was used for centuries to make
house paints. Now we know that lead exposure is a serious problem for everyone
and especially small children. Selling lead paint was outlawed in 1978, but many
older buildings still contain lead paint and children are still being poisoned.
Under ESFRLP17, a lead hazard evaluation must be performed on every home
selected for rehabilitation that was built before 1978. The specific type of evaluation
and the appropriate lead hazard reduction work performed will depend on the total
amount of Federal funds used to rehabilitate the home, as per 24 CFR parts 35. If
required, lead-based paint hazard reduction and/or abatement will be performed by
contractors who are trained and certified to perform such work.
It may be necessary for the household to relocate during the construction process for
protection against lead poisoning. If relocation is required, it shall be the
responsibility of the homeowner to pay for the relocation.
Who Will Do The Work On The Homes?
Orange County is obligated under ESFRLP17 to ensure that quality work is done at
reasonable prices and that all work is contracted through a fair, open and competitive
process. To meet these requirements, Orange County will invite bids only from
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licensed general contractors who are part of an "Approved Contractors Registry". For
additional information about procurement and disbursement procedures, please refer
to the ESFRLP17 Procurement and Disbursement Policy for Orange County.
• All qualified members of the Approved Contractors Registry will be invited to bid
on each job, and the lowest responsive and responsible bidder will be selected for
the contract.
• All contractors working on pre-1978 units must be Renovate, Repair and Paint
Rule (RR&P) Certified Renovators working for Certified Renovation firms.
• Homeowners who know of quality rehabilitation contractors that are not on the
approved contractors' registry are welcome to invite them to apply.
What Are The Steps In The Process, From Application To Completion?
You now have information about how to apply for the Essential Single-Family
Rehabilitation Loan Pool and what type of work can be done through the Program.
Let's go through the steps for getting the work done:
1. Completing a pre-application form: Homeowners who wish to apply for
assistance must do so by October 31, 2017. Apply by contacting Renee D.
Holmes, Housing Program Coordinator, at (919) 245-2495. Proof of ownership
and income will be required. Those who have applied for housing assistance
from Orange County in the past will not automatically be reconsidered and must
complete a new pre-application form.
2. Client Referral and Support Services Many homeowners seeking assistance
through the Essential Single-Family Rehabilitation Loan Pool may also need other
services. If the ESFRLP staff meets the homeowner during the application
process, they will provide pamphlets and a list of the agencies with contact
information for the resources and programs available in the County. For
households that meet the requirements of the pre-application step and qualify to
receive assistance through the ESFRLP program, additional verbal discussion will
be offered during the Screening of applicants and/or Pre-rehab inspection steps
of the program.
3.
4. Preliminary inspection: Orange County's Rehabilitation Specialist will visit the
homes of eligible households to determine the need and feasibility of the home for
rehabilitation.
5. Screening of applicants: Applications will be ranked by Orange County based
on the priority system outlined on page 3 and the feasibility of rehabilitating the
house. Households to be offered assistance will be selected by November 30,
2017. Household income will be verified for program purposes only (information
will be kept confidential). NCHFA will verify ownership of the property by
conducting a title search. From this review, the five most qualified applicants will
be chosen according to the priority system described above; there will be a list of
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two (2) alternates. Orange County will then submit to NCHFA an ESFRLP17 Loan
Application and Reservation Request for each potential borrower for approval.
Applicants not selected for ESFRLP assistance will be notified in writing.
6. Written agreement: A Homeowner Written Agreement, between the homeowner
and Orange County, will be executed as part of the Loan Application and
Reservation Request procedure (that formally commits funds to a dwelling unit).
This agreement will certify that the property is the principal residence of the
owner, that the post—rehab value of the property will not exceed 95% of the
203(b) limits established by HUD and defines the ESFRLP maximum amount and
form of assistance being provided to the homeowner, the scope of work to be
performed, the date of completion and the rehabilitation criteria and standards to
be met.
7. Pre-rehab inspection & unit evaluation: Orange County's Rehabilitation
Specialist will visit the home again for a more thorough inspection. All parts of the
home must be made accessible for inspection, including the attic and crawlspace.
The owner should report any known problems such as electrical short circuits,
blinking lights, roof leaks, etc. Each unit will be evaluated for energy-saving
opportunities such as air-sealing and duct-sealing as well as for environmental
concerns, such as lead based paint hazards, radon and asbestos.
8. Work write-up: The Rehabilitation Specialist will prepare complete and detailed
work specifications (known as the "work write-up"). A final cost estimate will also
be prepared by the Rehabilitation Specialist and held in confidence until bids are
received from contractors.
9. Lead and Other Testing: Orange County will arrange for a certified firm to
inspect all the pre-1978 constructed homes for potential lead and asbestos
hazards. All homes will be tested for radon. The owner will receive information
covering the results of the tests and any corrective actions that will be needed as
part of the rehabilitation.
10.Bidding: The work write-up and bid documents will be conveyed to all
contractors from the Approved Contractors Registry who will be given no less
than seven days in which to inspect the property and prepare bid proposals.
Each contractor will need access to all parts of the house in order to prepare a
bid. A bid opening will be conducted in the Orange County Housing, Human
Rights and Community Development Department, located at 300 W. Tryon Street,
Hillsborough, NC 27278, at a specified date and time, with all bidders invited to
attend.
11.Contractor selection: Within 72 hours of the bid opening the winning bidders
will be selected. All bidders and the homeowner will be notified in writing of 1) the
selection of the winning bid, 2) the amount of the winning bid; 3) the amount of
the County's cost estimate, and 4) the specific reasons for the selection, if other
than the lowest bidder was selected.
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12.Loan closing and contract execution: Loan documents (Promissory Note and
Deed of Trust) will be prepared by NCHFA as the lender and executed by the
homeowner. By law, homeowner's have the right to hire legal representation of
their choosing at loan closing. If a homeowner does not have "representation" at
the closing, the borrower must sign a NCHFA "Unrepresented Borrower Affidavit".
Rehabilitation contract documents will be executed by the homeowner and
contractor with Orange County signing on as an interested third party prior to the
commencement of any construction. Orange County will facilitate with the loan
closing and recordation of these documents and forward the recorded documents
to NCHFA.
13.Pre-construction conference: A pre-construction conference will be held at the
selected applicant's home. At this time, the homeowner, contractor and ESFRLP
Orange County program representatives will discuss the details of the work to be
completed. Starting and ending dates will be finalized, along with any special
arrangements such as weekend or evening work hours and disposition of items to
be removed from the home. Orange County will issue a "proceed order" formally
instructing the contractor to commence work by the agreed-upon date.
14.Construction: The contractor is responsible for obtaining and posting all permits
for the project before beginning work. Orange County ESFRLP Program staff will
closely monitor the contractor during the construction period and local Code
Enforcement Officials will inspect the work. To protect personal property the
homeowner will be responsible for working with the contractor toward clearing
work areas of personal property as needed as much as practicable. The
contractor will be responsible for all clearing and cleaning activities necessary due
to construction activities.
15.Change Orders: All changes to the scope of work must be approved by the
owner, the contractor, a County representative and the Rehabilitation Specialist,
and reduced in writing as a contract amendment ("change order"). The owner,
contractor and two Orange County personnel must execute any change order
agreements to the construction contract.
16.Progress payments: The contractor is entitled to request two partial payments
and a final payment. When a payment is requested, the Rehabilitation Specialist
will inspect the work within three days.
17.Closeout: When the Rehabilitation Specialist and the Homeowner are satisfied
that the contract has been fulfilled, the Homeowner, Project Administrator and
Rehabilitation Specialist will sign off on the work. All material and workmanship
will be guaranteed by the contractor for a period of one-year from the date of
completion of the work.
18.Post-construction conference: Following construction, the contractor and the
Rehabilitation Specialist will sit down with the Homeowner one last time. At this
conference the contractor will hand over all owner's manuals and warranties on
equipment and materials to the homeowner. The contractor and Rehabilitation
Specialist will go over operating and maintenance requirements for the new
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equipment, materials and appliances and discuss general maintenance of the
home with the Homeowner. The Homeowner will have the opportunity to ask any
final questions about the work.
19.Final loan amount determination: If, upon completion of all rehabilitation work,
the contract price has changed due to the effect of change orders, NCHFA will
prepare an estoppel for a loan reduction or modification agreement for loan
increases as necessary at the time of closeout of the unit to modify the loan
amount when there is a need for a change order involving a change in the original
loan amount). The loan will remain the property of NCHFA, with original
documents remaining there for storage and "servicing. Please note that it is the
responsibility of the owner to record an estoppel if they wish this to be reflected in
the Deed of Trust.
The warranty period: It is extremely important that any problems with the work that
was performed be reported by the homeowner to the Orange County Rehabilitation
Specialist or other representative, as soon as possible in writing. All bona fide
defects in materials and workmanship reported within one year of completion of
construction will be corrected free of charge by the Contractor.
What are the key dates?
If, after reading this document, you feel that you qualify for this program and wish to
apply, please keep the following dates in mind:
• Applications available to the public starting October 2, 2017.
• Applications must be turned in at the Orange County Planning Office by 5:00 PM
on October 31, 2017.
• Selection of units will be made on November 30, 2017.
• All rehabilitation work must be under contract by December 31, 2019.
• All rehabilitation work must be completed by June 30, 2020.
How do I request an application?
Contact:
Renee D. Holmes, Housing Program Coordinator
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Phone: (919) 245-2495
Or: pick up an application at the Housing, Human Rights and Community
Development Department, located 300 W .Tryon Street, Hillsborough, NC 27278
Is there a procedure for dealing with complaints, disputes and appeals?
Although the application process and rehabilitation guidelines are meant to be as fair
as possible, Orange County realizes that there is still a chance that some applicants
or participants may feel that they are not treated fairly. The following procedures are
designed to provide an avenue for resolution of complaints and appeals.
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During the application process:
1. If an applicant feels that his/her application was not fairly reviewed or rated and
would like to appeal the decision made about it, he/she should contact Bonnie
Hammersley, County Manager (919)245-2300, within five days of the initial
decision and voice their concern. If the applicant remains dissatisfied with the
decision, the detailed complaint should be put into writing.
2. A written appeal must be made within 10 business days of the initial decision on
an application.
3. Orange County will respond in writing to any complaints or appeals within 10
business days of receiving written comments.
During the rehabilitation process:
1. If the homeowner feels that construction is not being completed according to the
contract, he/she must inform the contractor and the Rehabilitation Specialist.
2. The Rehabilitation Specialist will inspect the work in question. If he finds that the
work is not being completed according to the contract, the Rehabilitation
Specialist will review the contract with the contractor and ask the contractor to
correct the problem.
3. If problems persist, the homeowner must put the concern in writing and a
mediation conference between the homeowner and the contractor may be
convened by the Rehabilitation Specialist and facilitated by the Orange County
Housing, Human Rights and Community Development Director.
4. Should the mediation conference fail to resolve the dispute, Orange County will
render a written final decision.
5. If the Rehabilitation Specialist finds that the work is being completed according to
contract, the complaint will be noted and the Rehabilitation Specialist and the
homeowner will discuss the concern and the reason for the Rehabilitation
Specialist's decision.
Final Appeal:
After following the above procedures, any applicant or homeowner who remains
dissatisfied with Orange County's final decision may appeal to Michael Handley,
NCHFA, PO Box 28066, Raleigh, NC 27611-8066, (919) 877-5627.
Will the personal information provided remain confidential? Yes. All information
in applicant files will remain confidential. Access to the information will be provided
only to Orange County employees who are directly involved in the program, the North
Carolina Housing Finance Agency, the US Department of Housing and Urban
Development (HUD) and auditors.
What about conflicts of interest? No employee or board member of Orange
County, or entity contracting with Orange County, who exercises any functions or
responsibilities with respect to the ESFRLP17 project shall have any interest, direct
or indirect, in any contract or subcontract for work to be performed with project
funding, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter. Relatives of Orange County employees
or of Orange County board members and others closely identified with, may be
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36
approved for rehabilitation assistance only upon public disclosure before the Orange
County Board of Commissioners and written permission from NCHFA.
What about favoritism? All activities under ESFRLP17, including rating and ranking
applications, inviting bids, selecting contractors and resolving complaints, will be
conducted in a fair, open and non-discriminatory manner, entirely without regard to
race, color, religion, national origin, sex, familial status and disability.
Who can I contact about the ESFRLP17 program? Any questions regarding any
part of this application or program should be addressed to:
Renee D. Holmes
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Phone: (919) 245-2495
James Hutcherson
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Phone: (919) 245-2485
David Saconn
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Phone: (919) 245-2494
This Assistance Policy is adopted this day of 2017.
Mark Dorosin, Chairman
Orange County Board of Commissioners
Attest
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ATTACHMENT 3 37
Orange County
Procurement and Disbursement Policy
ESSENTIAL SINGLE FAMILY REHABILITATION LOAN POOL
PROCUREMENT POLICY
1. To the maximum extent practical, Orange County ("the County") promotes a fair, open
and competitive procurement process as required under the North Carolina Housing
Finance Agency's (NCHFA) Essential Single Family Rehabilitation Loan Pool
(ESFRLP). Bids are invited from Contractors who are part of the County's approved
contractor registry. Any current contractor listed with and approved by the County and in
good standing (i.e. no unresolved past performance issues and not listed on the federal or
state debarred list)will receive automatic approval status on the contractor registry.
2. To be listed in the Approved Contractor Registry, a contractor must complete an
application, have their recent work inspected, reviewed and approved by the County's
Rehabilitation Specialist and submit proof of insurance. All contractors working on pre-
1978 units must be Renovate, Repair and Paint Rule (RR&P) Certified Renovators
working for Certified Renovation firms; only those contractors with this certificate on file
will be invited to bid on pre-1978 homes.
3. At least three eligible contractors on the County's approved contractor registry shall be
invited to bid on each job and the lowest responsive and responsible bidder shall be
selected for the contract. "Responsive and responsible" means (a) the contractor is
deemed able to complete the work in a timely fashion, (b) the bid is within 15%, in either
direction, of the County's cost estimate, (c) the contractor has not been suspended or
debarred and(d) there is no conflict of interest(real or apparent).
4. Although bid packages may be bundled for multiple job sites, the bids for multiple job
sites shall be considered separate and apart when awarded and shall be awarded to the
lowest responsive and responsible bidder(s) for each job site.
5. Bid packages shall consist of an invitation to bid, work write up(s) and bid sheet(s) for
each job, including instructions for distribution and receipt of bids. Contractors will be
given no less than seven days in which to inspect the property and prepare bid proposals.
Each contractor will need access to all parts of the house in order to prepare a bid. A bid
opening will be conducted in the Housing, Human Rights and Community Development
Department located at 300 W. Tryon Street, Hillsborough, NC at a specified date and
time, with all bidders invited to attend.
6. Bids must include a cost-per-item breakdown with line item totals equaling the submitted
bid price. Discrepancies must be reconciled prior to a contract being awarded.
7. The County reserves the right to reject any or all bids at any time during the procurement
process.
8. In the event of a true emergency situation, the County reserves the right to waive normal
procurement procedures in favor of more expedient methods, which may include seeking
telephone quotes, faxed bids and the like. Should such methods ever become necessary
the transaction will be fully documented. In the event phone bids are used, the County of
Orange will call the first three responsive contractors on the approved contractor list who
have indicated a desire to be on the telephone call list. The County will track who has
38
been called and responsive, and will rotate through the full list before beginning the
rotation again.
9. All sealed bids will be opened publicly at a time and place to be announced in the bid
invitation. All bidders are welcome to attend. Within 72 hours of the bid opening, after
review of bid breakdowns and construction schedules, the winning bidders will be
selected. All bidders and the homeowner will be notified in writing of 1) the selection of
the winning bid, 2) the amount of the winning bid, 3) the amount of the County's cost
estimate, and 4) the specific reasons for the selection, if other than the lowest bidder was
selected.
10. The contractor is responsible for obtaining a building permit for the project before
beginning work. The permit must be posted at the house during the entire period of
construction. If applicable, the contractor will obtain a permit for lead hazard related
activities. Orange County ESFRLP staff will closely monitor the contractor during the
construction period to make sure that the work is being done according to the work write-
up (which is made a part of the rehabilitation contract by reference) and in a timely
fashion. Local Code Enforcement Officials will inspect the work for compliance with the
NC State Building Code and the local minimum housing code, when applicable. To
protect personal property the homeowner will be responsible for working with the
contractor toward clearing work areas of personal property as needed as much as
practicable. The contractor will be responsible for all clearing and cleaning activities
necessary due to construction activities.
11. Any change to the original scope of work must be reduced to writing in the form of a
change order to be agreed upon and signed by all parties to the original contract and two
representatives of the County. The change order must also detail any changes to the
original contract price.
12. No work may begin prior to a contract being awarded and executed and a written order to
proceed provided to the contractor. In addition, a pre-construction conference and "walk
thru" shall be held at the work site prior to commencement of repair work. At this time,
the homeowner, contractor and ESFRLP Orange County program representatives will
discuss the details of the work to be completed. Starting and ending dates will be
finalized, along with any special arrangements such as weekend or evening work hours
and disposition of items to be removed from the home. Within 24 hours of the pre-
construction conference, Orange County will issue a "proceed order" formally instructing
the contractor to commence work by the agreed-upon date.
13. Orange County is an equal opportunity employer, implements non-discriminatory practices in its
procurement/disbursement and will make special outreach efforts to include M/WBE
(Minority/Women Business Enterprise)businesses within its contractor and subcontractor pool.
Contractors will be chosen by the above criteria without regard to race, color, religion, national
origin, sex, familial status and/or disability.
DISBURSEMENT POLICY
1. All repair work must be inspected by (a) the County's Rehabilitation Specialist, (b) the
local building or minimum housing code inspector when applicable and (c) the
homeowner prior to any payments to contractors. If all work is deemed satisfactory and
all other factors and written agreements are in order, payment shall be issued upon
39
presentation of an original invoice from the contractor. Contractor should allow 21
business days for processing of the invoice for payment.
2. The contractor is entitled to request two partial payments and a final payment. The first
partial payment may be requested when the work is 50% complete. The second partial
payment may be requested when the work is 85% complete. When a payment is
requested, the Rehabilitation Specialist will inspect the work within three days, determine
percentage of job completion and calculate a payment based on 90% of the total work
completed.
3. Following construction, the contractor and the Rehabilitation Specialist will meet with the
Homeowner in a post-construction conference. At this conference the contractor will
hand over all owner's manuals and warranties on equipment and materials to the
homeowner and be available to answer homeowner questions.
4. Project Closeout: When the contractor declares the work complete, the Rehabilitation
Specialist will thoroughly inspect the work. If any of the work is deemed unsatisfactory,
it must be corrected prior to authorization of final payment. If the contractor fails to
correct the work to the satisfaction of the County's Rehabilitation Specialist, payment
may be withheld until such time as the work is deemed satisfactory. (Contractors may
follow the County's Essential Single Family Rehabilitation Loan Pool Program
Assistance Policy if a dispute occurs; however, contractors shall abide by the final
decision as stated in the policy). The Homeowner, Project Administrator and
Rehabilitation Specialist will sign off on the work. After receipt of the contractor's final
invoice, inspections, certificate of completion and lien releases, the final payment will be
ordered. All material and workmanship will be guaranteed by the contractor for a period
of one-year from the date of completion of the work.
5. Orange County assures, through this policy, that adequate funds shall be available to pay
the contractor for satisfactory work.
6. All contractors, sub-contractors and suppliers must sign a lien waiver prior to
disbursement of funds.
The Procurement and Disbursement Policies are adopted this the day of
20 .
Orange County
BY:
ATTEST:
CONTRACTORS STATEMENT:
I have read and understand the attached Procurement and Disbursement Policy.
BY:
COMPANY NAME:
WITNESS: