HomeMy WebLinkAbout2021-026-E Housing-NC Dept of Commerce CDBG-CV grant_Agreement DocuSign Envelope ID:6D54E8BA-1794-4F70-B78E-1EA897E6B473 f
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NC DEPARTMENT
of COMMERCE Grant Agreement I
RURAL ECONOMIC
DEVELOPMENT
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Community Development Block Grant Coronavirus (CDBG-CV) Program
This grant agreement for the Community Development Block Grant Coronavirus (CDBG-CV) E
Program is entered into between the North Carolina Department of Commerce(DOC),Rural
Economic Development Division and County of Orange,on this 17'h day of December 2020.
Upon execution of this grant agreement,the North Carolina Department of Commerce (DOC) agrees
to provide to the County of Orange, (the"Recipient"and collectively with DOC,the"Parties"),
Community Development Block Grant Coronavirus(CDBG-CV) assistance provided under the
Coronavirus Aid,Relief and Economic Security Act(the"CARES Act") (Public Law 116-136 and
awarded to DOC under Title I of the United States Housing and Community Development Act of
1974, (P.L. 93-383), as amended, authorized(and subject to Recipient's compliance with)the DOC
funding approval,the North Carolina Community Development Block Grant administrative rules,
other applicable laws,rules,regulations, and all other requirements of DOC now or hereafter in
effect.
The grant agreement is effective on the date the grant agreement and funding approval are signed by
the Recipient. The grant agreement consists of the program guidelines and the approved application,
including the certifications,maps, schedules and other submissions in the application,any
subsequent amendments to this document or the approved application and funding approval and the
following general terms and conditions:
l. Definitions. Except to the extent modified or supplemented by the agreement,any
term defined in the North Carolina Community Development Block Grant
Administrative Rules, 4 NCAC 19L, shall have the same meaning when used herein.
(a) Agreement means this grant agreement, as described above and any
amendments or supplements thereto.
(b) Recipient means the County of Orange,the entity designated as a
recipient for grant assistance in the grant agreement and funding
approval.
(c) Certifications mean the certifications submitted with the grant
application pursuant to the requirements of Paragraph(e)of Rule
.0407 of the North Carolina Community Development Block Grant
Administrative Rules, 4 NCAC 19L.
(d) "Assistance"or"Grant"means the grant funds provided under this
Agreement from funds allocated to the State of North Carolina from
the Federal Treasury through the CDBG and supporting laws,rules,
requirements and regulations,in the amount of$90000 except as
modified.
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(e) Program means the community development program,project, or
other activities,including the administration thereof,for which
assistance is being provided under this Agreement and which is
described in the Recipient's approved application, as may be
modified.
(f) The date for receiving the grant means the date of the REDD Director's
signature on the Grant Agreement and Funding Approval.
2. Timely Execution. Due to the need to expedite the use and expenditure of CDBG-CV funds,
Recipient's failure to execute and return a copy of the Agreement within 60 days of the date
of the REDD Director's signature on the Grant Agreement and Funding Approval may be
deemed by DOC to determine the funds are available for reallocation to other subrecipients.
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3. Obligations of the Recipient. The recipient shall perform the Program as specified in the
application approved by DOC as may be amended with DOC approval. The Recipient
hereby certifies that it will comply with all applicable federal and state laws,regulations,
rules, and Executive Orders,pursuant to Paragraph(e) of Rule .0407 of the North Carolina
Community Development Block Grant Administrative Rules,4 NCAC 19L. The Recipient
shall also comply with all other lawful requirements of DOC, all applicable requirements of
the General Statutes of the State of North Carolina specifically N. C. G. S. 87-1-87-15.9 and
any other applicable laws,rules,regulations,requirements, and Executive Orders currently f
or hereafter in force. Recipient is prohibited from any fraud,waste, and abuse of CDBG
funds by any person or entity. The rules contained in 4 N.C.A.C. 19L(as well as applicable
federal rules and regulations) are part of the Agreement, except where specifically modified
by applicable law,rule,regulation,DOC,the CDBG CV HUD Program Requirements and
any subsequent amendments,regulations or clarifications to any of the foregoing.
Additionally,Recipient agrees to ensure compliance with respect to the Program and the
Grant(and any of its proceeds)with all applicable federal and state laws,rules,regulations
and requirements, including but not limited to the following(as each may be modified or
amended): (1)the CDBG-CV HUD Program Requirements; (2)Title I of the Housing and
Community Development Act of 1974, as amended(42 U.S.C. 5301 et seq), (3) existing
CDBG laws,rules,regulations and requirements, as may be amended, including those set
forth in 24 C.F.R.,Part 570; (4)North Carolina laws,rules,regulations and requirements; (5)
DOC guidance and requirements regarding CDBG now or hereafter in effect,including but
not limited to: DOC's CDBG-CV Guidelines and Application Instructions, and DOC
bulletins or other guidance documents; and(6)Recipient's own approved CDBG-CV
application to DOC, as may be amended with DOC approval.
4. Obligations of Recipient with Respect to Certain Third-Party Relationships. Recipient is
responsible to DOC for ensuring compliance with the provisions of this Agreement and all
applicable laws,rules,regulations and requirements, even when the recipient designates a
third party or parties to undertake all or any part of the Program. The Recipient shall comply
with all lawful requirements of DOC necessary to ensure that the program is carried out in
accordance with the Recipient's certifications including but not limited to the certification of
assumption of environmental responsibilities under Rule .1004 of the North Carolina
Community Development Block Grant Administrative Rules,4 NCAC 19L. If the Recipient
contracts with or designates a third party to undertake all or part of the Program,the
Recipient's contract with the third party must require the third party to comply with this
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Agreement, all applicable laws,rules,regulations and requirements,including but not limited
to the procurement standards set forth in 4 N.C. Administrative Code 19L .0908 as may be F
applicable.
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Recipient shall likewise ensure that all subrecipient contracts regarding Grant funds or
relating to the Program include all required contractual elements in order to be in
compliance with all Federal, State and local laws, including but not limited to the provisions
contained in 24 C.F.R. § 570.503,24 C.F.R. § 85.37,and other provisions described
throughout this Agreement,where applicable. In any event,the Recipient is liable to DOC
and HUD for any improper expenditures, damage, loss or harm resulting from the failure of
any person or entity to comply with any applicable law,rule,regulation or requirement
regarding the Grant funds and/or the Program,including but not limited to an act or
omission by a subrecipient or other third party. The Recipient agrees to periodically and
rigorously monitor and audit its subrecipients and other third parties to ensure compliance
with all applicable requirements.
Any subcontracts or subrecipient agreements entered by the Recipient with Grant funds
shall be subject to all terms and conditions of this Agreement. Payment of all subcontractors
and subrecipients shall be the sole responsibility of the Recipient, and DOC shall not be
obligated to pay for any work performed by any subcontractor or subrecipient. The
Recipient shall be responsible for the performance of all subcontractors and subrecipients
and shall not be relieved of any of the duties and responsibilities of this Agreement as a
result of entering into subcontracts or subrecipient agreements.
5. Changes to Agreement. Recipient agrees that DOC may supplement or modify this
Agreement as may be necessary to implement additional or modified Federal or State
guidance regarding implementation of the CDBG-CV program.
6. Conflict of Interest. Recipient agrees to comply with all applicable conflict of
interest provisions, including but not limited to those found at 4 N.C.A.C. 19 L .0908
and.0914,N.C. Gen. Stat. § 14-234,24 C.F.R. § 85.36,24 C.F.R. § 570.489 (g) and
(h), and 24 C.F.R. § 570.611, where applicable, copies of which may be obtained
from DOC.
Except for eligible administrative or personnel costs,the general rule is that no persons
described in the following sentence who exercise or have exercised any functions or
responsibilities with respect to grant activities assisted under this Agreement or who are in a
position to participate in a decision-making process or gain inside information with regard to
such activities,may obtain a financial interest or benefit from a Grant-assisted activity,or
have an interest or benefit from the activity,or have an interest in any contract, subcontract
or agreement with respect thereto, or the proceeds there under, either for themselves or those
with whom they have family or business ties, during their tenure or for one year thereafter.
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The conflict of interest summary in the sentence above generally applies to any person who
is an employee, agent, consultant, officer, or elected official or appointed official of the state,
or of a unit of general local government, or of any designated public agencies, or Recipient
or applicable third parties which are receiving CDBG-CV grant funds.
Recipient agrees to include these same prohibitions in all such contracts or subcontracts with
any subrecipients or other third parties relating to the Program.
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In any event,the Assistance provided under this Agreement shall not be used in the payment of
any bonus or commission for the purpose of obtaining DOC approval of the application for
such assistance,or DOC approval of applications for additional assistance, or any other
approval or concurrence of DOC required under this Agreement,or the North Carolina
Community Development Block Grant Administrative Rules,with respect thereto;provided,
however,that reasonable fees or bona fide technical, consultant,managerial or other such {
services,other than actual solicitation, are not prohibited if otherwise eligible as program costs
and allowed by applicable law.
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Additionally, certain limited exceptions to the conflict of interest rules listed in 24
C.F.R. § 570.489 may be granted in writing by HUD and/or DOC upon written request
and the provision of information specified in 24 C.F.R. § 570.489(h)(ii)(4).
7. Duplication of Benefits: Recipient shall not carry out any of the activities under this
Agreement in a manner that results in a prohibited duplication of benefits as defined by
Section 312 of the Stafford Act, as amended by section 1210 of the Disaster Recovery
Reform Act of 2018 (division D of Public Law 115-254;42 U.S.0 5121 et seq.).
Recipient must prevent duplication of benefits,consistent with CDBG-CV
requirements. Recipient shall ensure that in all its activities and procedures under this
Agreement,that the Recipient establish and follow DOC's Duplication of Benefits
policy, as it may be amended from time to time. Recipient is also required to submit a
copy of its DOB policy and procedures and amendments to DOC.
8. Reimbursement to DOC for Improper Expenditures. The Recipient will reimburse
DOC for any amount of Grant assistance improperly expended, either deliberately or
non-deliberately,by any person or entity. Additionally, a contract for administrative
services shall include a clause holding the administrator organization responsible for
reimbursement to the Recipient for any improperly expended grant funds that had to be
returned to DOC.
9. Recordkeeping Requirements. Recipient will maintain any and all records and comply
with all responsibilities as may be required under typical CDBG recordkeeping(for
example,records and responsibilities set forth in 4 N.C.A.C. 19L.0911
("Recordkeeping"),24 C.F.R. 570.490 ("Recordkeeping Requirements"),24 C.F.R. §
570.506 ("Records to be maintained") and 24 C.F.R. § 85.42 ("Retention and Access
Requirements for Records")as each may be modified by HUD or DOC)as well as
records and responsibilities related to CDBG or specifically to CDBG-CV funds.
Recipient agrees to comply with any additional record-keeping requirements now or
hereinafter set forth by DOC,HUD or any other federal or state entity.
10. Access to Records. The Recipient shall provide any duly authorized representative of
DOC,the State of North Carolina,the federal Department of Housing and Urban
Development(HUD), and the Comptroller General,the Inspector General and other
authorized parties at all reasonable times access to and the right to inspect, copy,
monitor,and examine all of the books,papers,records, and other documents relating to
the grant for a period of five years following the completion of all close-out
procedures. All original files shall be maintained at the Local Government offices for
access purposes.
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11. Release of Personal, Financial and Identifying Information. To ensure and document
compliance with CDBG-CV income requirements as well as other matters,Recipient shall
obtain and retain personal,income-related,financial,tax and/or related information from
individuals and families that are benefitting from Grant or Program funds. Additionally,
Recipient is obligated to provide access to all information relating to the Program to DOC,
HUD or some other appropriate federal or state monitoring entity,upon DOC's request. This
obligation includes,but is not limited to,the personal,financial, and identifying information of
individuals assisted by the Program. As such,Recipient shall obtain any releases or waivers
from all individuals or entities necessary to ensure that this information can be properly and
legally provided to appropriate federal and state entities,including DOC and HUD,without I
issue or objection by the individual or entity.
12. Project Savings. The Recipient is obligated to contribute 100 percent of its pledged cash
contribution to the CDBG project even if the project experiences a savings after authorized
activities are completed. Any project savings accrue to the CDBG program. Substitution of
in-kind contributions for cash is not allowed.
13. Expenditure of Non-CDBG-CV Funds. The recipient must ensure that non-CDBG-CV funds
are expended along with CDBG-CV funds,following the implementation schedule described
in the approved application and modified by the Performance Contract(or otherwise with
DOC approval), and shall report on non-CDBG expenditures with each Annual Performance
Report, consistent with Section.1100 PERFORMANCE of the program regulations(4NCAC
19L)as well as any other applicable reporting requirements.
14. Method of Payment. The Department of Commerce uses the Office of State Controller(OSC)
to make CDBG-CV payments to units of local government. The Electronic Payment Form
from OSC must be completed for funds to be electronically transferred.
15. Fair Housing. Recipients of CDBG-CV funds are required to comply with fair housing and
non-discrimination laws and regulations. Recipients should consult Section.1001 of the
CDBG administrative rules for further information on equal opportunity requirements.
Recipients are required to submit a fair housing plan for its jurisdiction. For each grant year
that a CDBG project is active, a Recipient must describe the actions it will take in the areas of
enforcement, education and removal of barriers and impediments to affirmatively further fair
housing. Guidance for developing a Fair Housing Plan can be found in REDD Bulletin 93-4
and by contacting the REDD CDBG Compliance staff.
16. Equal Employment and Procurement Opportunity. A Recipient must describe the actions it
will take annually while the grant is open in the areas of enforcement, education and removal
of barriers and impediments that affirmatively further equal access in employment and
procurement. This includes a description of steps to be taken in the areas of advertisement,
compliance,and complaint tracking.
17. Local Economic Benefit(Section 3 Regulation). For each year that a CDBG-CV is active,the
Recipient must describe a strategy whereby opportunities in employment and procurement
arising out of a CDBG-CV assisted project are identified and made available to low-income
residents within the CDBG-CV assisted area to the greatest extent feasible. This strategy must
include (1)identification of training and technical assistance resources to prepare low-income
residents for employment and procurement opportunities, (2)attempts to reach the numerical
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targets for new hires set forth in the Section 3 regulation,which applies to Recipients receiving
$200,000 or more in non-administrative line items expended for construction contracts and(3)
education of low-income residents within the CDBG assisted area about the components and
opportunities of the program.
In addition,Recipients will be required to coordinate additional activities as it relates to
Section 3 with the DOC CDBG Compliance Office.
18. Section 504 and ADA. Recipients must complete the Section 504 Survey and
Transition Plan. This plan will not satisfy all the requirements of the Americans with
Disabilities Act,but it will meet the minimum requirements for a CDBG-CV assisted project. s
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19. Environmental Review. Recipients of CDBG-CV funds are required to complete the
document entitled`Environmental Review Procedures for the CDBG Program." Once the 4
Environmental Review Record(ERR)is received,REDD will review for completeness and
submit selected CDBG-CV ERRS,if required to the State Clearinghouse for other State
agencies to review and comment. Recipients cannot conduct any program activities until
REDD issues an environmental clearance and the programmatic release of funds.
20. Language Access Plan(LAP). Recipients of Federal financial assistance have an obligation to
reduce language barriers that can preclude meaningful access by Limited English Proficient
(LEP)persons to important government programs, services, and activities. Title VI of the Civil
Rights Act of 1964,42 U.S.C. 2000(d) and its implementing regulations require that
Recipients take responsible steps to ensure meaningful access by LEP persons. Recipients will
be required to submit a language access plan using the approved template from REDD. The
plan will address the LAP policy,translation of required vital documents, and requirements for
citizen participation.
21. Federal Funding Accountability and Transparency Act , ATA): The Recipient must also
comply with provision of FATA,which includes requirements on executive compensation, and
2 C.F.R., Part 170 Reporting Subaward and Executive Compensation Information.
22. Procurement Standards. Where applicable,Recipient shall follow the procurement standards
established in the"Administrative Requirements for Grants and Cooperative Agreements to
State, Local and Federally Recognized Indian Tribal Governments"(24 C.F.R., Part 85) and
HUD implementing regulations contained in 24 C.F.R. § 570.489(g),which explicitly prohibit
cost plus a percentage of cost and percentage of construction cost methods of contracting. 4
N.C.A.C. 19L.0908.
a. Any Recipient or Subrecipient shall follow other applicable procurement standards
set forth in 4 N.C.A.C. 19L.0908, and the relevant laws cited therein,including but
not limited to, laws related to conflicts of interest(N.C.G.S. §14-234),public
building contracts (N.C.G.S. § 148-128 to 135), and payment and performance bonds
(N.C.G.S. § 44A-25 through 35); acquisition and relocation(4 N.C.A.C. 19L.1003);
property management standards(4 N.C.A.C. 19L.0909); equal opportunity (4
N.C.A.C. 19L.1001); and labor standards(4 N.C.A.C. 19L.1006).
b. Recipient shall likewise follow all other applicable federal and state procurement
rules, guidelines, and procedures,including those set forth in Office of Management
and 2 CFR 200(Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards).
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In any event,per 24 C.F.R. 570.489(g), all purchase orders and contracts shall include any
clauses required by Federal statutes, executive orders and implementing regulations.
Additionally,Recipient acknowledges and agrees that, in its conduct under this Agreement
and in connection with any and all expenditures of Grant funds made by it,Recipient, its
officers, agents and employees shall be and are subject to the provisions of the North
Carolina General Statutes and the North Carolina Administrative Code relating to and
governing procurement,public contracts, suspension and debarment. Recipient further
acknowledges and agrees that, in the event that it grants any of the Grant funds awarded
hereunder to one or more subrecipients or other applicable entities,Recipient shall,by
contract,ensure that the provisions of all applicable laws relating to and governing
procurement,public contracts, suspension and debarment are made applicable to and binding
upon any and all subrecipients and/or other applicable entities.
23. Labor Standards. Recipient shall follow all applicable laws,rules and regulations concerning
the payment of wages, contract work hours, safety,health standards, and equal opportunity
for CDBG-CV programs,including but not limited to the rules set forth in 4 N.C.A.0
19L.1006,24 C.F.R. § 570.603 and the following (as may be applicable to CDBG-projects):
a. Davis-Bacon Act(40 U.S.C.A. 276a). Among other provisions,this act requires
that prevailing local wage levels be paid to laborers and mechanics employed on
certain construction work assisted with CDBG funds.
b. Contract Work Hours and Safety Standards Act(40 U.S.C.A. 327 through 333).
Under this act, among other provisions, laborers and mechanics employed by
contractors and subcontractors on construction work assisted with CDBG funds
must receive overtime compensation at a rate not less than one and one-half the
basic rate of pay for all hours worked in excess of forty hours in any workweek.
Violators shall be liable for the unpaid wages and in addition for liquidated
damages computed in respect to each laborer or mechanic employed in violation
of the act.
c. Fair Labor Standards Act(29 U.S.C. 201 et seq.),requiring among other things
that covered employees be paid at least the minimum prescribed wage, and also
that they be paid one and one-half times their basic wage rate for all hours
worked in excess of the prescribed work-week.
d. Federal anti-kickback laws Q 8 U.S.C. 874 and 40 U.S.C. 276),which, among
other things,outlaws and prescribes criminal penalties for"kickbacks" of wages
in federally financed or assisted construction activities. Weekly statements of
compliance and weekly payrolls must be provided by all contractors and
subcontractors.
Recipient agrees to maintain records regarding compliance with the laws and regulations
cited in 4 N.C.A.C. 19L.1006(including the citations listed above)in accordance with 4
N.C.A.C. 19L.0911.
All contracts between Recipient and third parties shall contain labor standards provisions as
required in 4 N.C.A.C. 19L.1006.
24. Architectural Barriers. Per 4 N.C.A.C.1 9L.1007, 24 C.F.R. §§ 570.487 and 570.614 and
other applicable law, all applicable buildings or facilities designed, constructed or altered
with CDBG-CV Grant funds shall be made accessible and useable to the physically
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handicapped as may be required by applicable laws,rules,regulations or requirements.
Additionally,Recipient must comply with the following (as may be applicable to CDBG
projects):
a. Architectural Barriers Act of 1968 (P.L. 90-480). This act requires Recipient to
ensure that certain buildings constructed or altered with CDBG funds are readily
accessible to the physically handicapped.
b. Minimum Guidelines and Requirements for Accessible Design 36 C.F.R. Part
1190. These regulations establish guidelines for implementing the federal acts
described in 4 N.C.A.C.19L.1007(1)(a). The regulations provide technical
standards which must be met by Recipient.
c. Americans with Disabilities Act["ADA"] and the ADA Accessibility Guidelines
for Buildings and Facilities or the Uniform Federal Accessibility Standards.
d. North Carolina Building Code, Volume I, Chapter 11-X. These provisions
describe minimum standards Recipient must meet in constructing or altering
building and facilities,to make them accessible to and useable by the physically
handicapped.
25. Change of Use of Real Property. Recipient agrees not to change the use or planned use of
any property acquired with CDBG-CV funds from that for which the acquisition or
improvement was made,in accordance with this Agreement and applicable law,rule,
regulation or requirement,unless(i)the DOC grants explicit written approval and(ii)the
requirements of 24 C.F.R. § 570.4890),24 C.F.R. § 570.505 and other applicable
requirements are followed, as modified(or as may be modified)by HUD or DOC.
26. Obligation of Recipient with Regard to Vacant Units. The recipient shall ensure that
all vacant units being rehabilitated will be occupied by a low-or-moderate income
person by the time close-out occurs.
27. Utility Assessments or Fees: Assessments or fees to recover the CDBG-CV funded
portion of a utility project may be charged to properties not owned and occupied by
low-and-moderate income persons. Such assessments are program income and, as
such must be used for eligible CDBG or CDBG-CV activities that meet a CDBG national
objective.
28. False or Misleading Information. Recipient is advised that providing false, fictitious or
misleading information with respect to CDBG funds may result in criminal, civil, or
administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31
U.S.C. § 3801, or another applicable statute. Recipient shall promptly refer to DOC and
HUD's Office of the Inspector General any credible evidence that a principal,employee,
agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim
under the False Claims Act or has committed a criminal or civil violation of laws pertaining
to fraud, conflict of interest,bribery, gratuity, or similar misconduct involving CDBG funds.
29. Disputes with DOC. If Recipient has any disagreement or dispute with any action or
inaction by DOC,Recipient shall inform DOC by letter addressed to Iris C. Payne,Director,
N C Department of Commerce—Rural Economic Development Division,4346 Mail Service
Center,Raleigh,NC 27699-4346. The Rural Economic Development Division ["REDD"]
will endeavor to respond in writing to said letter within 30 days from receipt. Recipient shall
not be entitled to a hearing under Chapter 150B for matters described in N.C. Gen. Stat. §
15013(c)(8), added by N.C. Senate Bill 960, including matters related to"contracts, disputes,
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protests,and/or claims arising out of or relating to the implementation of the [CDBG]."This
includes actions arising out of or related to this Agreement or the Program.
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30. Disputes or Complaints by Subrecipients or Other Entities. Recipient is responsible for
developing, implementing and utilizing its own dispute resolution procedures with respect to
disputes and/or complaints between and among Recipient, a Subrecipient, a contractor and/or
any other person or entity (other than DOC). This includes(but is not limited to)procedures
relating to procurement disputes or protests discussed in 24 C.F.R. 85.36. In the event of a f
dispute between and among Recipient, any Subrecipient,contractor and/or any other persons
or entities (not including DOC),Recipient shall make every effort to resolve the dispute
pursuant to its own dispute resolution procedures and shall issue a final decision on the
matter as soon as is reasonably practicable.Recipient's dispute resolution procedure shall
provide that,in the event that any party to such a dispute or complaint is dissatisfied with the
final decision or other resolution provided by Recipient,the dissatisfied party shall appeal to E
the North Carolina Superior Court in an appropriate County for a trial de novo,to the extent
that jurisdiction is proper pursuant to N.C. Gen. Stat. § 7A-240 and other applicable law.
31. Schedules
(a) Schedule for Release of Conditions and Completion Activities. The Recipient must
satisfy all Funding Approval Conditions to release CDBG-CV funds within 3
months (March 17,2021)from the date the Grant Agreement and Funding
Approval were signed by the REDD Director. The recipient must draw down all
CDBG-CV funds, expend all local non-CDBG funds and complete all project activities
in conformance with the activities' implementation schedule in the application as
modified by the Performance Based Contract.
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(b) The Recipient must obligate all funds within 27 months (March 17,2023)from the
date the Grant Agreement and Funding Approval are signed by REDD Director.
(c) All funds are to be expended within 30 months (June 17,2023)from the date the
Grant Agreement and Funding Approval are signed by REDD Director. Any
remaining funds will be de-obligated.
(d) All closeout documents must be returned to REDD by(September 17,2023)
(e) Schedule for Submission of Compliance Documents. The Recipient must submit the
following compliance documents within the specified number of months from the date
the Grant Agreement and the Funding Approval were signed by the REDD Director:
• Environmental—4 months (April 17,2021)
• Equal Employment and Procurement Plan—4 months (April 17, 2021)
• Fair Housing Plan—4 months (April 17,2021)
• Section 3 Plan—4 months (April 17,2021)
• Section 504 Plan—4 months (April 17,2021)
• Language Access Plan—4 months (April 17,2021)
• Duplication of Benefit Policy and Plan-4 months (April 17,2021)
• Request for Release of Funds—5 months (May 17,2021)
(f) Timely Drawdown of Funds. Recipient is expected make timely drawdowns so that
funds are expended in a timely manner. Recipient shall requisition funds at least monthly
following the initial draw and the programmatic release of funds.
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32. Scope of Work(Attachment A): Recipient shall be responsible for administering all CDBG-CV
activities in a manner satisfactory to DOC, allowable pursuant to the CDBG-CV program, and
consistent with any standards as required as a condition of providing these funds. Approved
program activities, as identified in Attachment A,must be directly linked to responding to,
preparing for,or preventing COVID-19.
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33. Progress. Report. Recipient shall ensure that an annual performance report that reflects approved
CDBG-CV program activity progress and CDBG-CV financial status is presented to Recipient's
elected board and a copy of that report, endorsed by the Chief Elected Official or the
county/city/town manager will be provided to DOC not later than the January 31 following the
ending month of the reporting period or a date otherwise established by DOC. Reporting
requirements may change periodically based on DOC's reporting requirements to HUD.
34. Performance Measures
The CPD Performance Measurement System is HUD's response to the standards set by the I
Government Performance and Results Act(GPRA) of 1993. This act holds all Federal
agencies accountable for establishing goals and objectives and measuring achievements.
(a) The recipient must ensure that all activities in the funded project(s)meet the
appropriate objectives,outcomes, and indicators established by HUD and selected by
DOC. CDBG funds cannot be used to pay for any activity that does not meet the
above requirement.
(b) The recipient must also assist DOC, when requested,in collecting indicators and any
other data necessary to fulfill the requirements of the CPD Performance Measures
System, which includes data for the Integrated Disbursement and Information
System(IDIS).
Upon execution of this agreement by DOC and the Recipient,the Recipient hereby accepts the
assistance on the terms of this grant effective on the date indicated below, and further
certifies that the official signing this document has been duly authorized by the recipient's governing
body to execute this Grant Agreement.
Seer eta of the Dep ent of Commerce
Date: December 17 2020 Q By:
Iris C.Payne,'CFMG Program Director,REDD
Date:
Name of Recipient
Q By:
Signature of Authorized Official
(Title)
10
DocuSign Envelope ID:6D54E8BA-1794-4F70-B78E-1EA897E6B473
ORANGE COUNTY—DEPARTMENT USE ONLY
Party/Vendor Name: North Carolina Department of Commerce Party/Vendor Contact Person: Iris Panne Contact
Phone: 919-814-4663 Party/Vendor Address: 301 North Wilmington Street City Raleigh State: NC Zip: 27601
Department: HousinWCommunity Development Amount: $900,000 Purpose: CDBG-CV funds for Emergency
Housing Assistance Budget Code(s): 32471005-442238-95052 Vendor#N/A (N/A if new vendor) Vendor is a
BOCC consultant? Yes ❑ No® Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective
Date 1/19/2021 Approved by Board Yes®No❑ Agenda Date: 10/6/2020
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior to execution of the agreement:
DOCUSigned by:
Department Director's Signature t�a �l hv, Date: 1/19/2021
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer Date:
Risk Management
This agreement is approved for sufficienc Vustandards,specifications,and requirements:
Office of the Risk Management Officer auso, C,bV1n&6 Date: 1/19/2021
Financial Services
This instrument has been pre-audited in onodiquired by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer lJ.'0'4 Date: 1/21/2021
Legal Services
This agreement is approved as t fid sufficiency:
Office of the County Attorney a t, 1-6S(h Date: 112112021
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board Date:
Revised 07/20