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Home My WebLink About2023-439-E-Housing Dept-US Dept of Housing and Urban Development-Continuum of Care planning activitieswww.hud.gov espanol.hud.gov Page 1 U.S. Department of Housing and Urban Development Office of Community Planning and Development 1500 Pinecroft Road Greensboro, NC 27407 Grant Number: NC0526L4F132200 Recipient's Name: Orange County, NC Tax ID Number: 56-6000327 Unique Entity Identifier [SAM]: GFFMCW9XDA53 Federal Award Date: 7/28/2023 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement (“this Agreement”) is made by and between the United States Department of Housing and Urban Development (“HUD”) and Orange County, NC (the “Recipient”). This Agreement, the Recipient’s use of funds provided under this Agreement (the “Grant” or “Grant Funds”), and the Recipient’s operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the “Act”); 3. the Continuum of Care Program rule at 24 CFR part 578 (the “Rule”), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient’s application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the “Application”). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD’s total funding obligation authorized by this grant agreement is $23,899, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD-approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. DocuSign Envelope ID: D10F586A-6F83-4354-BD63-D104F5963F8A www.hud.gov espanol.hud.gov Page 2 Grant No.Grant Term Performance Period __________ - __________ Total Amount $23,899NC0526L4F132200 Continuum of Care planning activities Acquisition New construction Rental assistance $23,899 $0 $0 $0 Supportive services Operating costs Homeless Management Information System Administrative costs Relocation Costs $0 $0 $0 $0 $0 a. b. d. f. j. h. i. k. g. e.Leasing $0 HPC homelessness prevention activities:l. Housing relocation and stabilization services $0 c.Rehabilitation $0 $0Short-term and medium-term rental assistance DocuSign Envelope ID: D10F586A-6F83-4354-BD63-D104F5963F8A www.hud.gov espanol.hud.gov Page 3 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project-based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project’s budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years’ CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached “Indirect Cost Rate Schedule” and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient’s applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). DocuSign Envelope ID: D10F586A-6F83-4354-BD63-D104F5963F8A www.hud.gov espanol.hud.gov Page 4 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planningawards, after the date of the HUD selection notice and prior to the effective date of this Agreement, ifsuch costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost;and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-award costs in anticipation of an award imposes no obligation on HUD either to make the award, orto increase the amount of the approved budget, if the award is made for less than the amountanticipated and is inadequate to cover the pre-award costs incurred.These provisions apply to all Recipients: If any new projects funded under this Agreement are for project-based rental assistance for aterm of fifteen (15) years, the funding provided under this Agreement is for the performance periodstated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement willbegin immediately at the end of the budget period and performance period of the grant beingrenewed. Eligible costs incurred between the end of Recipient's budget period and performanceperiod under the grant being renewed and the date this Agreement is executed by both parties may bereimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may bedrawn down by Recipient before the end date of the project’s budget period and performance periodunder the grant that has been renewed. For any transition project funded under this Agreement the budget period and performanceperiod of the transition project(s) will begin immediately at the end of the Recipient's final operatingyear under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurredbetween the end of Recipient's final operating year under the grant being transitioned and theexecution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) arepublished on HUD.gov in the appropriate Fiscal Years’ CoC Program Competition FundingAvailability page. Notwithstanding anything to the contrary in the Application or this Agreement,Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuumthat designated the Recipient to apply for the grant was designated an HPC for the applicable fiscalyear. The Recipient must complete the attached “Indirect Cost Rate Schedule” and return it toHUD with this Agreement. The Recipient must provide HUD with a revised schedule when anychange is made to the rate(s) included in the schedule. The schedule and any revisions HUD receivesfrom the Recipient will be incorporated into and made part of this Agreement, provided that each rateincluded satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budgetperiod and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient’s applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). DocuSign Envelope ID: D10F586A-6F83-4354-BD63-D104F5963F8A www.hud.gov espanol.hud.gov Page 5 This agreement is hereby executed on behalf of the parties as follows: By: ___________________________________________________ (Signature) ___________________________________________________ (Typed Name and Title) ___________________________________________________ (Date) ___________________________________________________ (Name of Organization) By: ___________________________________________________ (Signature of Authorized Official) ___________________________________________________ (Typed Name and Title of Authorized Official) ___________________________________________________ (Date) UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Orange County, NC Matthew T. King, Director July 28, 2023 RECIPIENT Bonnie Hammersley, County Manager DocuSign Envelope ID: D10F586A-6F83-4354-BD63-D104F5963F8A 8/18/2023 www.hud.gov espanol.hud.gov Page 6 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base _______________________________ _______________________________ _______________________________ _______________________________ _____________________ _____________________ _____________________ _____________________ _______________________ _______________________ _______________________ _______________________ This schedule must include each indirect cost rate that will be used to calculate the Recipient’s indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). DocuSign Envelope ID: D10F586A-6F83-4354-BD63-D104F5963F8A Revised 04/23 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: US Dept of Housing and Urban Development Vendor Contact Person: Alyssa Rouse Phone: 336- 851-8077 Address: 1500 Pinecroft St, Ste. 401 City Greensboro State: NC Zip: 27407-3838 Department: OC Housing Amount: $23,899 Purpose: Continuum of Care planning activities Budget Code(s): 32470605-449008- 47476 Vendor # Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 07/01/2023 End Date Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: D10F586A-6F83-4354-BD63-D104F5963F8A 8/9/2023 8/9/2023 8/9/2023 8/18/2023