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Home My WebLink About2020-692-E-Economic Dev-Economic Dev partnership of NC North Carolina Tourism Recovery Grant Agreement # 60-00-12 This Agreement is hereby entered into by and between the Economic Development Partnership of NC (EDPNC), under the auspices of the NC Department of Commerce, (the "AGENCY"), and Orange County by and for the Chapel Hill/Orange County Visitors Bureau, 501 West Franklin Street, Chapel Hill NC 27516 (the "RECIPIENT") (referred to collectively as the “Parties”). 1. EFFECTIVE TERM This agreement shall be effective starting March 1, 2020 and shall terminate on December 30, 2020. 2. RECIPIENT’S DUTIES The RECIPIENT shall provide the activities as authorized and referenced in the North Carolina Session Law 2020-4, An Act to Provide Aid to North Carolinians in Response to the Coronavirus Disease 2019 Crisis . The RECIPIENT’s scope of work is a complete and concise scope of work supported by this agreement and consistent with language in Session Law 2020-4, an Act to Provide Aid to North Carolinians in Response to the Coronavirus Disease 2019 Crisis. The RECIPIENT agrees to use the funds in the amounts allocated for the budget cost items set forth in the RECIPIENT’s budget. RECIPIENT may reallocate and/or redistribute among budgeted items up to 20% in overall budget costs without the express written permission of the AGENCY. The RECIPIENT understands and acknowledges that these are federal funds and the total funding level available under this agreement will not exceed ten thousand dollars ($10,000.00). Only expenditures incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 are eligible for funding from this Fund. The RECIPIENT understands and acknowledges required compliance with all statutory provisions outlined in: a. The Coronavirus Aid, Relief, and Economic Security Act or CARES Act; b. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) promulgated by the United States Office of Man agement and Budget sections: 2 C.F.R. 200.303 regarding internal controls, 2 C.F.R. 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements; c. Guidance issued by the United State Department of Treasury on April 22, 2020; and d. North Carolina Administrative Code Title 09, Chapter 03, SubChapters 03M and The RECIPIENT agrees to provide said report in 09 NCAC 03M.0202 within the required timeframe. See ATTACHMENT B. The RECIPIENT further understands and acknowledges any subawards issued by the RECIPIENT will require SUBRECIPIENT to comply to said statutory provisions above and the RECIPIENT will be held liable fo r any misuse or mishandling of these funds, including mishandling or misuse by the SUBRECIPIENT. The RECIPIENT agrees not to have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at the federal, State, or local level. The RECIPIENT agrees to complete ATTACHMENT D and submit to the AGENCY OSBM/NCPRO – Agreement Page 1 of 7 DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 within 30 calendar days of execution of this contract, as required by North Carolina General Statute 143C -6- 23(b). The RECIPIENT agrees that if they are not a unit of local government or otherwise subject to the audit and other reporting requirements of the Local Government Commission , they will submit the RECIPIENT’S policy surrounding conflict of interest as required by North Carolina General Statute 143C - 6-23(b) within 30 calendar days of execution of this contract. The RECIPIENT understands that if the funds have been allocated to a nonprofit corporation or a contractor, and the use of funds by the nonprofit corporation or contractor is disallowed by federal law, the nonp rofit corporation shall return the amount of funds allocated to the nonprofit corporation to OSBM to transfer the funds into the Coronavirus Relief Reserve. The RECIPIENT agrees to provide any necessary information as required by the Federal Funding Accountability and Transparency Act. See ATTACHMENT E. The RECIPIENT agrees to return any funds that remain unspent as of December 30, 2020 to AGENCY by January 30, 2021. 3. AGENCY’S DUTIES & STATUS REPORTING The AGENCY shall ensure that funds allocated and disbursed pursuant to Session Law 2020-4, comply with the intent and guidance found in this Law and ensure compliance with related state statutes and financial management standards. The Code of Federal Domestic Assistance number is 21.019 and is pending completion of registration by the Department of the United State’s Treasury. Invoice and Payment. a. After the initial payment is provided to the RECIPIENT, the RECIPIENT shall submit progress status forms every month. i. The RECIPIENT shall submit the AGENCY completed forms (see ATTACHMENT C-1 and C-2) and shall include and attach sufficient documentation of the expenses incurred during the period. The reimbursement documentation may include a general ledger statement that verifies expenses were incurred consistent with the agreement purpose and scope, copies of invoices paid or payroll register records by the RECIPIENT. ATTACHMENTS C-1 and C-2 and supporting documentations for the reimbursement period using the upload link provided: https://ncosbm.sharefile.com/share/getinfo/r2d709de9f9a47889 The RECIPIENT shall include expenses disbursed (aggregate totals for the period) by the following project uses: 1. Contracted Labor Expenses 2. Other Service expenses 3. Subcontract expenses 4. Goods expenses OSBM/NCPRO – Agreement Page 2 of 7 DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 5. Other expenses (e.g. related charges not assigned above and described by recipient). 6. Period ending balance of the RECIPIENT funding disbursed pursuant to this agreement. 7. A descriptive summary of how the funds were used including outcomes an d specific deliverables or accomplishments to date. ii. The RECIPIENT shall continue to submit the reimbursement request forms without requesting additional funds until the entire grant amount is accounted for. iii. The RECIPIENT shall submit the final reimbursement request to be received by the AGENCY by January 30, 2021. iv. On or before January 30, 2021 the RECIPIENT will submit the final outcome and accomplishment reports (see ATTACHMENT F). v. The AGENCY reserves the right to require a reimbursement of the payments noted above, if the Grant Project Status Reports are not submitted, are not complete or do not include adequate attached documentation that can verify spending. The AGENCY must provide the RECIPIENT with a written explanation of the business reasons to delay, alter, or reject payments that have been invoiced to the AGENCY. The RECIPIENT has three (3) business days after such AGENCY communication to respond to address the item(s) of concern. The AGENCY is to communicate a final review within three (3) business days of such RECIPIENT response. b. Provide additional reports and/or information as requested. 4. FUNDS MANAGEMENT The RECIPIENT agrees that funds paid through this contract shall be accounted for in a separate fund and accounting structure within the RECIPIENT’s central accounting and grant management system. The RECIPIENT agrees to manage all accounts payable disbursements, check register disbursements and related transactions in a detailed manner that supports fully transparent accounting of all financ ial transactions associated with this funding allocations described in Section 3 above. Expenditures for travel mileage, meals, lodging and other travel expenses incurred in the performance of this Contract shall not be eligible under this contract. International travel shall not be eligible under this Contract. If eligible, the Recipient and all subrecipients shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to N.C.G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their quarterly project status reports. 5. POST-GRANT AWARD DOCUMENTATION REQUIREMENTS RECIPIENT shall comply with all rules and reporting requirements established by the requirements of 9 N.C.A.C. Subchapter 3M.0205. The RECIPIENT agrees that it will file and submit the final ATTACHMENT F to the AGENCY using the upload link provided at https://ncosbm.sharefile.com/share/getinfo/r2d709de9f9a47889 no later than January 30, 2021 or within forty-five (45) days of final expenditure date, whichever is earlier. The above noted reports shall include RECIPIENT reporting information related to the above noted quantitative results and accomplishments. RECIPIENT agrees that all program activity results information reported shall be subject to review and authentication as described in Paragraph 7 and RECIPIENT will provide access to work papers, receipts, invoices and reporting records, if requested by the AGENCY, as the AGENCY executes any audit internal audit responsibilities. OSBM/NCPRO – Agreement Page 3 of 7 DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 6. AGREEMENT ADMINISTRATORS All notices permitted or required to be given by one Party to the other and all questions about the Agreem ent from one Party to the other shall be addressed and delivered to the other Party’s Agreement Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties’ respective initial Agreement Administrators are set out below. Either Party may change the name, post office address, street address, telephone number, fax number, or email address of its Agreement Administrator by giving timely written notice to the other Party. For the AGENCY IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Wit Tuttell EDPNC 150 Fayetteville St., Suite 1200 Raleigh, NC 27601 Direct: 919-477-7740 Email: Wit@VisitNC.com Wit Tuttell EDPNC 150 Fayetteville St., Suite 1200 Raleigh, NC 27601 Direct: 919-477-7740 Email: Wit@VisitNC.com For the RECIPIENT IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name: Laurie Paolicelli Title: Director, Chapel Hill/Orange County Visitors Bureau Address: 501 W. Franklin Street, Chapel Hill, 27516 Direct: (919) 259-1658 Email: LPaolicelli@VisitChapelHill.org Name: Laurie Paolicelli Title: Director, Chapel Hill/Orange County Visitors Bureau Address: 501 W. Franklin Street, Chapel Hill, NC 27516 Direct: (919) 259-1658 Email : LPaolicelli@VisitChapelHill.org 7. MONITORING AND AUDITING The RECIPIENT acknowledges and agrees that, from and after the date of execution of this Agreement and for five (5) years following its termination, the books, records, documents and facilities of the RECIPIENT are subject to being audited, inspected and monitored at any time by the AGENCY upon its request (whether in writing or otherwise). The RECIPIENT further agrees to provide AGENCY staff and staff of the Office of State Auditor and any federal monitor or auditor with access to financial and accounting records and audit work papers in the possession of any auditor of any recipient of State funding to support internal audit, financial reporting and related requirements. 8. TAXES The RECIPIENT shall be considered to be an independent RECIPIENT and as such shall be responsible for all taxes. The RECIPIENT agrees to provide the AGENCY with the RECIPIENT'S correct taxpayer identification number upon the execution of this Agreement. The RECIPIENT agrees that failure to provide the AGENCY with a correct taxpayer identification number authorizes the AGENCY to withhold any amount due and payable under this Agreement. OSBM/NCPRO – Agreement Page 4 of 7 DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 9. SITUS This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement of this Agreement shall be filed in State court in Wake County, North Carolina. 10. SUBCONTRACTING AND ASSIGNMENT The RECIPIENT agrees that by assigning or subcontracting any work related to the contract to a subcontractor or SUB-RECIPIENT is not allowable under this contract. 11. HISTORICALLY UNDERUTILIZED BUSINESSES In addition, the RECIPIENT, if it is a private, nonprofit corporation other than an institution of higher education or a hospital that receives an appropriation of five hundred thousand dollars ($500,000) or more during a fiscal year from the General Assembly are encouraged to utilize minority contractors, physically handicapped contractors, and women-owned contractors in purchasing goods and services. The RECIPIENT as identified above shall comply with North Carolina General Statute 143 -48 and report to the North Carolina Department of Administration quarterly on what percentage of its contract purch ases of goods and services, through term contracts and open-market contracts, were from minority-owned businesses, what percentage from women-owned businesses, what percentage from disabled-owned businesses, what percentage from disabled business enterprises and what percentage from nonprofit work centers for the blind and the severely disabled. Reporting on contract purchases of goods and services will be submitted to the North Carolina Department of Administration’s Office for Historically Underutilized B usinesses (HUB) using the NC Interactive Purchasing System’s HUB reporting system. Contact the HUB Office at 919 -807-2330 or huboffice.doa@doa.nc.gov for instructions and to gain access to the NC Interactive Purchasing System’s HUB reporting system. 12. ADVERTISING RECIPIENT agrees not to use the existence of this contract, the name of the AGENCY, or the name of the State of North Carolina as part of any commercial advertising, without prior written approval of the AGENCY. 13. COMPLIANCE WITH LAW The RECIPIENT shall remain an independent RECIPIENT and as such shall be wholly responsible for the scope of work to be performed under this Agreement and for the supervision of his employees and assistants. The RECIPIENT represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the AGENCY. The RECIPIENT shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of his business and work performance under this Agreement, including those of Fe deral, State, and local agencies having appropriate jurisdiction. OSBM/NCPRO – Agreement Page 5 of 7 DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 The Recipient acknowledges and agrees that, in its conduct under this Contract and in connection with any and all expenditures of grant funds made by it, it shall comply with the cost principles enunciated in the Code of Federal Regulations, 2 CFR, Part 200. 14. TERMINATION OF AGREEMENT This agreement may be terminated by mutual consent upon sixty (60) days written notice to the other party, or as otherwise provided by law. As soon as reasonably possible following termination of this agreement, the amount of any residual unexpended funds shall be transferred to the AGENCY. 15. AMENDMENTS This Agreement may be amended in writing which documents approval of changes by both the AGENCY and the RECIPIENT. 16. AGREEMENT CLOSE-OUT PROCESS The RECIPIENT agrees to submit to the AGENCY a complete performance and expenditure status report (final report) no later than January 30, 2021 or within forty-five (45) days of final expenditure date, whichever is earlier. All unspent funds as of December 30, 2020 will be returned to the AGENCY by January 30, 2021. Unspent funds are defined as all funds not used or consumed. Encumbered and/or obligated funds as of December 30, 2020 are considered unspent. The above noted reports shall include RECIPIENT reporting information related to the above noted quantitative results and accomplishments. RECIPIENT shall agree that all program activity results information reported shall be subject to review and authentication as described in Paragraph 7 and RECIPIENT will provide access to work papers, receipts, invoices and reporting records, if requested by the AGENCY, as the AGENCY executes any audit internal audit responsibilities. RECIPIENT will be deemed noncompliant if its final report is not submitted by January 30, 2021 or within forty-five (45) days of final expenditure date, whichever is earlier. Once the complete final project status report package has been received and evaluated by the AGENCY, the RECIPIENT will receive official notification of agreement close-out. The letter will inform the RECIPIENT that the AGENCY is officially closing the agreement and retaining all agreement files and related material for a period of five (5) years or until all audit exceptions have been resolved, whichever is longer. 17. AUTHORIZED SIGNATURE WARRANTY The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. In Witness Whereof, the RECIPIENT and the AGENCY have executed this Agreement in duplicate originals, with one original being retained by each party. OSBM/NCPRO – Agreement Page 6 of 7 DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 [Bonnie Hammersley, County Manager] Signature Date Printed Name Title ECONOMIC DEVELOPMENT PARTNERSHIP OF NORTH CAROLINA 9/28/2020 Signature Date Wit Tuttell VP, Tourism Printed Name Title OSBM/NCPRO – Agreement Page 7 of 7 DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 County ManagerBonnie Hammersley 10/7/2020 ATTACHMENT B SUBCHAPTER 03M – UNIFORM ADMINISTRATION OF STATE AWARDS OF FINANCIAL ASSISTANCE SECTION .0100 - ORGANIZATION AND FUNCTION 09 NCAC 03M .0101 PURPOSE Pursuant to G.S. 143C-6-23, the rules in this Subchapter establish reporting requirements for non-State entities that receive, hold, use, or expend State financial assistance and ensure the uniform administration of State financial assistance by all State agencies, recipients, and subrecipients. The requirements of this subchapter shall not apply to: (1) State financial assistance to non-State entities subject to the audit and other reporting requirements of the Local Government Commission. (2) Tuition assistance to students. (3) Public assistance payments from Federal entitlement progr ams to or on behalf of enrolled individuals. (4) State funds disbursed to a contractor as defined in this Subchapter. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Amended Eff. October 1, 2007; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015; Amended Eff. July 1, 2016. 09 NCAC 03M .0102 DEFINITIONS As used in this Subchapter: (1) "Agency" means every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority, or other unit of government of the State or of any county, unit, special district, or other political subdivision of state or local government. (2) "Audit" means an examination of records or financial accounts to verify their accuracy. (3) "Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained by the State and Local Government Finance Division of the North Carolina Department of State Treasurer that has been developed in cooperation with agencies to assist the local auditor in identifying program compliance requirements and audit procedures for testing those requirements. (4) "Contract" means a legal instrument that is used to document a relationship between the agency, and a recipient or between a recipient and subrecipient. (5) "Contractor" means an entity subject to the contractor requirements, as well as any entity that would be subject to the contractor requirements but for a specific statute or rule exempting that entity from the contractor requirements. (6) "Contractor requirements" means Article 3, 3C, 3D, 3E, 3G, or 8 of Chapter 143 of the General Statutes and related rules. (7) "Fiscal Year" means the annual operating year of the non-State entity. (8) "Financial Statement" means a report providing financial data relative to a given part of an organization's operations or status. (9) "Non-State Entity" has the meaning in G.S. 143C-1-1(d)(18). (10) "Recipient" means a non-State entity that receives State financial assistance directly fr om a State agency to carry out part of a State program, but does not include any non-State entity subject to the audit and other reporting requirements of the Local Government Commission. For purposes of this Subchapter, "recipient" also includes a non-State entity that would be considered a "subrecipient" pursuant to 2 CFR 200.93 for Federal funds subawarded by a recipient State agency, but does not include a subrecipient as defined in Item (14) of this Rule. (11) "Single Audit" means an audit that includes an examination of an organization's financial statements, internal controls, and compliance with the requirements of Federal or State awards. (12) "State financial assistance" means State funds disbursed as a grant, cooperative agreement, non - cash contribution, food commodities, or direct appropriation to a recipient or subrecipient as defined in Item (10) and (14) of this Rule. DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 (13) "State Funds" means any funds appropriated by the North Carolina General Assembly or collected by the State of North Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non-State entities. Both Federal and State funds maintain their identity as they are disbursed as financial assistance to other organizations. (14) "Subrecipient" means a non-State entity that receives State financial assistance from a recipient to carry out part of a State program; but does not include an individual that is a beneficiary of such program. This definition of "subrecipient" applies throughout these Rules, except as used in Item (10) of this Rule. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Amended Eff. October 1, 2007; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015; Amended Eff. July 1, 2016. SECTION .0200 - RESPONSIBILITIES OF RECIPIENTS AND SUBRECIPIENTS 09 NCAC 03M .0201 ALLOWABLE USES OF STATE FINANCIAL ASSISTANCE Expenditures of State financial assistance by any recipient or subrecipient shall be in accordance with the c ost principles outlined in the Code of Federal Regulations, 2 CFR, Part 200. If the State financial assistance includes federal sources, the recipient or subrecipient shall ensure adherence to the cost principles established in the Code of Federal Regulations, 2 CFR, Part 200. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. 09 NCAC 03M .0202 RECIPIENT AND SUBRECIPIENT RESPONSIBILITIES A recipient or subrecipient that receives State financial assistance shall ensure that those funds are utilized for their intended purpose and shall expend those funds in compliance with requirements established by this Subchapter and their contract. Recipients and subrecipients shall: (1) Provide the information required by the disbursing agency in order to comply with the procedures for disbursement of funds. (2) Maintain reports and accounting records that support the allowable expenditure of State funds. Recipients and subrecipients shall make available all reports and records for inspection by the awarding agency, the Office of State Budget and Management, and the Office of the State Auditor for oversight, monitoring, and evaluation purposes. (3) Ensure that subrecipients comply with all reporting requirements established by this Subc hapter and their contract and report to the appropriate disbursing entity. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. 09 NCAC 03M .0203 SUBGRANTEE RESPONSIBILITIES History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Repealed Eff. July 1, 2016. 09 NCAC 03M .0204 RESERVED FOR FUTURE CODIFICATION 09 NCAC 03M .0205 MINIMUM REPORTING REQUIREMENTS FOR RECIPIENTS AND SUBRECIPIENTS DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 (a) For the purposes of this Subchapter, there are three reporting levels established for recipients and subrecipients receiving State financial assistance. Reporting levels are based on the level of State financial assistance from all funding sources. The reporting levels are: (1) Level I – A recipient or subrecipient that receives, holds, uses, or expends State financial assistance in an amount less than twenty-five thousand dollars ($25,000) within its fiscal year. (2) Level II - A recipient or subrecipient that receives, holds, uses, or expends State financial assistance in an amount of at least twenty-five thousand ($25,000) or greater, but less than five hundred thousand dollars ($500,000) within its fiscal year. (3) Level III – A recipient or subrecipient that receives, holds, uses, or expends State financial assistance in an amount equal to or greater than five hundred thousand dollars ($500,000) within its fiscal year. (b) Agencies shall establish reporting requirements for recipients that meet the following reporting standards on an annual basis: (1) All recipients and subrecipients shall provide a certification that State financial assistance received or, held was used for the purposes for which it was awarded. (2) All recipients and subrecipients shall provide an accounting of all State financial assistance received, held, used, or expended. (3) Level II and III recipients and subrecipients shall report on activities and accomplishments undertaken by the recipient, including reporting on any performance measures established in the contract. (4) Level III recipients and subrecipients shall have a single or program-specific audit prepared and completed in accordance with Generally Accepted Government Auditing Standards, also known as the Yellow Book. (c) All reports shall be filed with the disbursing agency in the format and method specified by the agency no later than three months after the end of the recipient's fiscal year, unless the same information is already required through more frequent reporting. Audits must be provided to the funding agency no later than nine months after the end of th e recipient's fiscal year. (d) Agency-established reporting requirements to meet the standards set forth in Paragraph (b) of this Rule shall be specified in each recipient's contract. (e) Unless prohibited by law, the costs of audits made in accordance with the provisions of this Rule shall be allowable charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in the Code of Federal Regulations, 2 CFR Par t 200. The cost of any audit not conducted in accordance with this Subchapter shall not be charged to State awards. (f) Notwithstanding the provisions of this Subchapter, a recipient may satisfy the reporting requirements of Subparagraph (b)(4) of this Rule by submitting a copy of the report required under federal law with respect to the same funds. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. SECTION .0300 - RESPONSIBILITIES OF THE OFFICE OF THE STATE CONTROLLER 09 NCAC 03M .0301 OFFICE OF THE STATE CONTROLLER RESPONSIBILITIES History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Amended Eff. October 1, 2007; Pursuant to G.S. 150B-21.3A, rule Expired May 1, 2015. SECTION .0400 - RESPONSIBILITIES OF AGENCIES 09 NCAC 03M .0401 AGENCY RESPONSIBILITIES (a) An agency that receives State funds and disburses those funds as State financial assistance to a recipient shall: (1) Notify each recipient, at the time the State financial assistance award is made, o f the purpose of the award and the reporting requirements established in this Subchapter. DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 (2) Prior to disbursing any State financial assistance: (A) Register each State assistance program with the Office of State Budget and Management in the format and method specified by the Office of State Budget and Management. (B) Execute a contract with the recipient that complies with the requirements of this Subchapter. (C) Report each individual award to the Office of State Budget and Management in the format and method specified by the Office of State Budget and Management. (D) Follow the procedures for disbursement of State financial assistance. (3) Develop compliance supplement reports that describe standards of compliance and audit procedures to give direction to independent auditors. This report shall be provided to the State and Local Government Finance Division in the North Carolina Department of State Treasurer for inclusion in the North Carolina State Compliance Supplement. (4) Develop a monitoring plan for each State assistance progr am the agency oversees and submit the plan to the Office of State Budget and Management for approval. (5) Perform monitoring and oversight functions as specified in agency monitoring plans to ensure that State financial assistance is used for authorized purposes in compliance with laws, regulations, and the provisions of contracts, and that performance goals are achieved. (6) Ensure that State financial assistance is spent consistent with the purposes for which it was awarded. (7) Determine that reporting requirements have been met by the recipient and that all reports have been completed and submitted in accordance with the recipient's contract. (8) Monitor compliance by recipients with all terms of a contract. Upon determination of noncompliance the agency shall take appropriate action as specified in Section .0800 of this Subchapter. (9) Require agency internal auditors to conduct periodic audits of agency compliance with requirements of this Subchapter. (10) Provide all requested documentation when subject to an audit of compliance with the requirements of this Subchapter. Audits may be conducted by the Office of State Budget and Management, the Office of the State Auditor, or the agency's internal auditor. (b) Each recipient shall ensure that subrecipients have complied with the applicable provisions of this Subchapter. Failure to comply with such provisions shall be the basis for an audit exception. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. SECTION .0500 - RESPONSIBILITIES OF THE OFFICE OF THE STATE AUDITOR 09 NCAC 03M .0501 OFFICE OF THE STATE AUDITOR RESPONSIBILITIES History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Repealed Eff. July 1, 2016. SECTION .0600 - RESPONSIBILITIES OF THE OFFICE OF STATE BUDGET AND MANAGEMENT 09 NCAC 03M .0601 OFFICE OF STATE BUDGET AND MANAGEMENT RESPONSIBILITIES The Office of State Budget and Management shall: (1) Provide guidelines to agencies for developing monitoring plans and establishing reporting processes that meet the requirements established in this Subchapter. (2) Maintain a Suspension of Funding list readily accessible to any interested party that identifies any recipient found in noncompliance with the requirements of this Subchapter or the terms of their contract. This list shall serve as notice to other agencies that no further State financial assistance shall be provided to that recipient until they are removed from the list. (3) Periodically audit State agencies to ensure compliance with requirements set forth in Section .0400 of this Subchapter. DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 (4) Upon notification from a disbursing agency that a recipient is no longer noncompliant with the requirements set forth in Section .0200 of this Subchapter, validate that all such noncompliance has been corrected prior to the removal of that recipient from the Suspension of Funding listing. A recipient may appeal to the Office of State Budget and Management to be removed from the Suspension of Funding list if they believe they have been suspended in error. Once removed from the Suspension of Funding list, the recipient is eligible for current and future State financial assistance. (5) Take appropriate administrative action when the Director of the Budget finds that the recipient has spent or encumbered State funds for an unauthorized purpose, including ensuring allegations of criminal violations are reported to the Attorney General and the State Bureau of Investigation by the disbursing agency. (6) If the funds are a pass-through of funds awarded by an agency of the United States, consult with t he awarding agency of the United States and the State agency that is the recipient of the pass- through funds prior to taking actions authorized by this Subchapter. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. SECTION .0700 - CONTRACTING, MONITORING, AND OVERSIGHT 09 NCAC 03M .0701 GRANT DOCUMENTATION History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Repealed Eff. July 1, 2016. 09 NCAC 03M .0702 SUBORDINATION OF OTHER CONTRACTS AGREEMENTS No contract agreements shall act to eliminate or diminish the requirements contained in this Subchapter. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. 09 NCAC 03M .0703 REQUIRED CONTRACT PROVISIONS Prior to receiving State financial assistance, the recipient shall sign a contract with the agency that shall contain the obligations of both parties. Prior to disbursing any State financial assistance, each agency shall sign a contract with the recipient requiring compliance with the rules in this Subchapter. The requirements of this Rule shall also be applicable to all subrecipient relationships. Each contract agreement shall contain: (1) A specification of the purpose of the award, services to be provid ed, objectives to be achieved, and expected results; (2) The source of funds (such as federal or state) must be identified, including the CFDA number and percentages of each source where applicable. (3) Account coding information sufficient to provide for tracking of the disbursement through the disbursing agency's accounting system. (4) Agreement to maintain all pertinent records for a period of five years or until all audit exceptions have been resolved, whichever is longer. (5) Names of all parties to the terms of the contract. For the recipient or subrecipient, each contract shall contain the employer/tax identification number, address, contact information, and the recipient's or subrecipient's fiscal year end date. (6) Signatures binding all parties to the terms of the contract. (7) Duration of the contract, including the effective and termination dates. (8) Amount of the contract and schedule of payment(s). (9) Particular duties of the recipient. (10) Required reports and reporting deadlines. DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 (11) Provisions for termination by mutual consent with 60 days written notice to the other party, or as otherwise provided by law. (12) A provision that the awarding of State financial assistance is subject to allocation and appropriation of funds to the agency for the purposes set forth in the contract. (13) Provision that requires reversion of unexpended State financial assistance to the agency upon termination of the contract. (14) A provision that requires compliance with the requirements set forth in this Subchapter, including audit oversight by the Office of the State Auditor, access to the accounting records by both the funding entity and the Office of the State Auditor, and availability of audit work papers in the possession of any auditor of any recipient of State funding. (15) A clause addressing assignability and subcontracting, including the following: (a) The recipient or subrecipient is not relieved of any of the duties and responsibilities of the original contract. (b) The subrecipient agrees to abide by the standards contained in this Subchapter and to provide information in its possession that is needed by the recipient to comply with these standards. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. 09 NCAC 03M .0704 GRANT MONITORING AND EVALUATION History Note: Authority G.S. 143C-6-22; 143C-23; Eff. July 1, 2005; Repealed Eff. July 1, 2016. SECTION .0800 - SANCTIONS 09 NCAC 03M .0801 NONCOMPLIANCE WITH RULES (a) An agency shall not disburse any State financial assistance to an entity that is on the Suspension of Funding list. (b) When a non-State entity does not comply with the requirements of this Subchapter, the agency shall take measures to ensure that the requirements are met, including: (1) Communicating the requirements to the non-State entity. (2) Requiring a response from the non-State entity upon a determination of noncompliance. (3) Suspending payments to the non-State entity until the non-State entity is in compliance. (c) When an agency discovers evidence of management deficiencies or criminal activity leading to the misuse of funds, the agency shall notify the Office of State Budget and Management and take the appropriate action or actions, such as: (1) Suspend payments until the matter has been fully investigated and corrective action has been taken. (2) Terminate the contract and take action to retrieve unexpended funds or unauthorized expenditures. (3) Report possible violations of criminal statutes involving misuse of State property to the State Bureau of Investigation, in accordance with G.S. 143B-920. (d) Upon determination of noncompliance with requirements of the contract that are not indicative of management deficiencies or criminal activity, the agency shall give the recipient or subrecipient 60 days written notice to take corrective action. If the recipient or subrecipient has not taken t he appropriate corrective action after the 60-day period, the disbursing agency shall notify the Office of State Budget and Management and take the appropriate action or actions, such as: (1) Suspend payments pending negotiation of a plan of corrective action. (2) Terminate the contract and take action to retrieve unexpended funds or unauthorized expenditures. (3) Offset future payments with any amounts improperly spent. (e) Each disbursing agency shall ensure that recipients and subrecipients have complied with the applic able provisions of this Subchapter. (f) Agencies are subject to audit for compliance with the requirements of this Subchapter by the Office of State Budget and Management, the Office of the State Auditor, and agency internal auditors. Any finding of DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 noncompliance by an agency shall be reported to the Office of State Budget and Management to take appropriate action, as set forth in this Rule. (g) The Office of State Budget and Management shall notify the agency of the finding and provide 60 days to take corrective action. After the 60-day period, the Office of State Budget and Management shall conduct a follow -up audit to determine if appropriate corrective action has been taken. If an awarding agency fails to take appropriate corrective action or is repeatedly found to be out of compliance with the requirements of this Subchapter, the Office of State Budget and Management shall notify the head of the agency and the State Auditor of the finding. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. 09 NCAC 03M .0802 RECOVERY OF STATE FUNDS (a) The disbursing agency shall take appropriate administrative action to recover State financial assistance in the event a recipient or subrecipient: (1) Is unable to fulfill the obligations of the contractual agreement. (2) Is unable to accomplish the purposes of the award. (3) Is noncompliant with the reporting requirements. (4) Has inappropriately used State financial assistance. (b) The disbursing agency shall seek the assistance of the Attorney General in the recovery and return of State financial assistance if legal action is required. (c) Any apparent violations of a criminal law or malfeasance, misfeasance, or nonfeasance in connection with the use of State financial assistance shall be reported by the agency to the Office of State Budget and Management, the Attorney General, and the State Bureau of Investigation. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 dd You are required to provide to the Agency the status towards the specific purpose as stated in the grant application and grant contract. This report is to be completed by the grant recipient. RECIPIENT COMPLETION INFORMATION: Email completed form to: https://ncosbm.sharefile.com/share/upload/r2d709de9f9a47889 1. Organization Organization Name Orange County by and for the Chapel Hill/Orange County Visitors Bureau Contract Agreement Number Agreement #60-00-12 Date 2. Financial Summary Total Funding Authorized Total Funding Received to Date Balance 2. Performance: Recipient shall detail below how the organization has spent the amount of funding allocated for the specific purpose as stated in the grant contract. The description should include activities and progress against the recipient’s (or subrecipient’s) scope of work and outcomes of that work. Attach additional documents as necessary. OSBM NCPRO – Attachment C-1 Effective: 5/31/20 Page 1 of 2 Attachment C-1 Covid-19 Grant Project Status Report Descriptive summary of how the funds were used, including specific deliverables achieved, and progress against objectives and outcomes expected to be achieved. DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 I certify that funds mentioned in this document were used in accordance with our grant application documents and the contract between the EDPNC and my organization. Name: Signature: Title: Phone: Email: OSBM NCPRO – Attachment C-1 Effective: 5/31/20 Page 2 of 2 (cont.) DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 ATTACHMENT C-2: NCPRO Coronavirus grant Monthly Reimbursement Request Attachment C-1 must accompany this form to receive reimbursement from NCPRO. RECIPIENT COMPLETION INFORMATION: Email completed form to: «UploadLink» PART A: Summary of Funding Received and Spent NAME OF RECIPIENT ORGANIZATION: Contract Agreement Number Total Funding Authorized by HB 1043: Advance July Reimbursement Request (Details in Part B) August Reimbursement Request (Details in Part B) September Reimbursement Request (Details in Part B) October Reimbursement Request (Details in Part B) November Reimbursement Request (Details in Part B) December Reimbursement Request (Details in Part B) January Reimbursement Request for December Expenses (Details in Part B) Total Received to Date Point of Contact Name Point of Contact Title: Point of Contact Email Point of Contact Phone Number «RecipientName» «Agreement» «AmountPerSL» «HalfAmount» «HalfAmount» «POCName» «POCTitle» «DirectEmail»i «POCPhone» PLEASE REMEMBER INDIRECT COST ALLOCATION AND PERCENTAGE OF ADMINISTRATION COST ARE UNALLOWABLE PART B: Detailed Expense (In lieu of completing Part B manually, detailed information can be exported from your systems in Ex cel or .CSV format, however, at min imum, the requested fields must be provided) Recipient Name or Subrecipient Name Date of Invoice, payroll, or service, Employee Name or Vendor Name or Contractor Employee ID Number or Invoice Number Employee Title or Description of Item Purchased Required Monthly Hours Worked or Total Invoice Amount Actual Employee Hours Dedicated to COVID or Invoice Quantity or # of Patients Served Employee Expenses (Payroll and benefits cost for employee that are dedicated to COVID-19 ) Contracted Labor Expenses Other Service Expenses (e.g. utilities, telephone, data, lease related expenses) Subcontract Expenses (e.g. construction, maintenance) Goods Expenses (e.g. supplies, PPE) Equipment Expenses Other Expenses (e.g. related charges not assigned in columns H-M and described by recipient, such as, patient services) TOTAL Expenditures Is the Vendor a Historically Underutilized Business (HUB)? (YES or No) Ex. «RecipientName» vendor 4/1/2020 joe vendor INV 123 reagents $ 8,975.00 10 $ 8,975.00 $ 8,975.00 NO Ex. «RecipientName» employee 4/5/2020 jane doe EMP ID a345 researcher 160.00 120 $ 6,000.00 $ 6,000.00 NA Ex.«RecipientName» contractor 4/28/2020 pet store INV 75892 cages $ 3,216.00 5 $ 3,216.00 $ 3,216.00 yes Ex. «RecipientName» Subrecipient $ - $ - $ - $ - DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 dd To finalize this award, you are required to provide to the Agency with a narrative of the outcomes and accomplishments related to the funds spent for the specific purpose as stated in the grant contract. You can use the secure link provided below to upload images, brochures, and other in formation to illustrate your outcomes and accomplishments. https://ncosbm.sharefile.com/share/getinfo/r2d709de9f9a47889 1. Organization: Organization Name: Orange County by and for the Chapel Hill/Orange County Visitors Bureau Attachment F Covid-19 Grant Outcomes and Accomplishments Final Report 2. Outcomes and Accomplishments: DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 Revised 07/20 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Economic Development Partnership of NC (EDPNC), under the auspices of the NC Department of Commerce Party/Vendor Contact Person: Wit Tuttell Contact Phone: (919) 477-7740 Party/Vendor Address: 150 Fayetteville Street, Suite 1200 City Raleigh State: NC Zip: 27601 Department: Economic Development/Visitors Bureau Amount: $10,000 Purpose: Coronavirus Aid Grant Budget Code(s): 37600505 443120 for grant receipt 37600520 683015 for grant expenditures Vendor # N/A - Grant (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date March 1, 2020 Approved by Board Yes No Agenda Date: N/A 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 executio n of the agreement: Department Director’s Signature ________________________________________ Date: ________ 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 sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ 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: DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65 9/30/2020 9/30/2020 10/1/2020 10/7/2020 Revised 07/20 Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65