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HomeMy WebLinkAboutFY24 DSS ERA2 Agreement1 EMERGENCY RENTAL ASSISTANCE PROGRAM ---------- Agreement # ERA2-2022-0009 CDFA 21.023 THIS Agreement is hereby entered into by and between the North Carolina Pandemic Recovery Office (NCPRO), under the auspices of Office of State Budget and Management, OSBM, (the "AGENCY"), and New Hanover County, NC, (the “RECIPIENT”). The parties mutually agree to the terms and conditions set forth herein. WHEREAS, NCPRO, an agency of the Office of State Budget and Management (“OSBM”), was designated by OSBM to accept and administer funds from the federal COVID-19 pandemic relief funds under Section 3201 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) (referred to herein as “Section 3201”); and WHEREAS, North Carolina Session Law 2021-25, Senate Bill 172 An Act To Establish The State Fiscal Recovery Reserve And Fund, Coronavirus Capital Projects Reserve And Fund, And Local Fiscal Recovery Reserve And Fund To Maintain Funds Paid To The State From The Coronavirus State Fiscal Recovery Fund, Coronavirus Capital Projects Fund, And Coronavirus Local Fiscal Recovery Fund; To Appropriate Funds From The Local Fiscal Recovery Fund For Distribution To Non-Entitlement Units Of Local Government; To Appropriate Certain Federal Grant Funds Provided To The State Under The American Rescue Plan Act; And To Make Technical And Other Changes reserves or allots a maximum amount of Emergency Rental Assistance to the RECIPIENT and shall manage those funds in accordance with local priorities and federal requirements; and WHEREAS, the parties enter into this Agreement to memorialize their understanding of the mutual advantages of this cooperative relationship; NOW, THEREFORE, the parties agree to the terms and conditions set forth below: 1. EFFECTIVE TERM This Agreement shall be effective starting June 27, 2022 and shall terminate on December 31, 2025. 2. RECIPIENT’S DUTIES The RECIPIENT understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in Section 3201 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) (referred to herein as “Section 3201”) and any revisions made, and guidance issued thereto. The RECIPIENT shall provide the activities as authorized and referenced in the North Carolina Session Law 2021-25, Senate Bill 172 An Act To Establish The State Fiscal Recovery Reserve And Fund, Coronavirus Capital Projects Reserve And Fund, And Local Fiscal Recovery Reserve And Fund To Maintain Funds Paid To The State From The Coronavirus State Fiscal Recovery Fund, Coronavirus Capital Projects Fund, And Coronavirus Local Fiscal Recovery Fund; To Appropriate Funds From The Local Fiscal Recovery Fund For Distribution To Non-Entitlement Units Of Local Government; To Appropriate Certain Federal Grant Funds Provided To The State Under The American Rescue Plan Act; And To Make Technical And Other Changes to administer the Emergency Rental Assistance Program. Funds will be used to provide rental and/or utility assistance payments, housing stability services to families in New Hanover County, North Carolina adversely affected by the pandemic, thereby placing them at risk of eviction from rental housing. The RECIPIENT is responsible for completing ERA Grant Scope of Work (Form A-1) and NC PRO ERA Budget (Form A- 2) found in Appendix I and II of this Agreement and the Federal Funding Accountability and Transparency Act (FFATA) Certification found in Appendix III and submitting these Forms to NCPRO within 15 days of signing this Agreement. The RECIPIENT agrees to provide any necessary information as required by the Federal Funding Accountability and Transparency Act. See Appendix III. 2 The RECIPIENT also agrees to use the funds in the amounts allocated for the budget cost items set forth in the RECIPIENT’s budget. See Appendix II. The RECIPIENT understands and acknowledges that these are federal funds and the total funding level available under this Agreement will not exceed $6,762,929.80. Appendix I and Appendix II provides scope of work and budgeted amounts to be paid to RECIPIENT. The RECIPIENT understands that these federal funds must be expended by September 30, 2025. The RECIPIENT understands and acknowledges required compliance with all statutory provisions outlined in: a. The American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) referred herein as “the Act”. b. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) promulgated by the United States Office of Management 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; and c. Guidance issued by the United States Department of Treasury during the term of this Agreement; and d. The RECIPIENT agrees to establish data privacy and security requirements as required by Section 501(g)(4) of the Act; and e. Pursuant to Executive Order 13043, 62 FR 19217 (April 8, 1997), the RECIPIENT is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles; and f. Pursuant to Executive Order 13513, the RECIPIENT should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text- messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers; and g. Statutes and regulations prohibiting discrimination including the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance. • The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability. • Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance. • The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and • The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 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 nonprofit corporation or contractor shall return the amount of funds allocated to nonprofit corporation to OSBM. The RECIPIENT understands that any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number ERA0019 awarded to the State of North Carolina by the U.S. Department of the Treasury.” 3. AGENCY’S DUTIES & STATUS REPORTING The AGENCY shall ensure that funds allocated and disbursed pursuant to Session Law 2021-25, comply with the intent and guidance found in this Law and ensure compliance with related federal and state statutes and financial management 3 standards. Additionally, the RECIPIENT agrees to allow NCPRO to work with the RECIPIENT database administrator to collect detail transaction information supporting the expenditures from these funds. i. Invoice and Payment. The AGENCY shall advance one-fourth of the grant amount, $2,151,841.30 within ten business days after execution of this Agreement. After the initial payment is provided to the RECIPIENT, the RECIPIENT shall submit disbursement requests in increments as needed to cover program expenses. ii. The RECIPIENT shall submit the final disbursement request to be received by the AGENCY by September 15, 2025. iii. On or before October 31, 2025, the RECIPIENT will submit the final outcome and accomplishment reports (see Appendix VI). iv. The AGENCY reserves the right to withhold, reduce, or delay disbursement of the payments noted above, if the disbursement requests are not submitted, are not complete or do not include adequate attached documentation that can verify disbursement. The AGENCY must provide the RECIPIENT with a written explanation of the business reasons to delay, alter, or reject disbursement 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. Administrative Costs a. The RECIPIENT may use funds provided to the RECIPIENT to cover both direct and indirect costs. b. The total of all administrative costs, whether direct or indirect costs, may not exceed 10 percent of the total amount of the total award or $676,292.98. c. SB 172 stipulates that 10% of the total award may be used for a program hotline, housing stability services and administrative costs with no more than 5% of these funds used for administrative costs. 4. FUNDS MANAGEMENT The RECIPIENT also agrees to operate all transactions from these funds within a special revenue account that is not commingled with other funds to prevent the accidental inclusion of transactions not related to the Emergency Rental Assistance grant. 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 to submit the ERA Grant Project Status Report (Appendix IV) to the AGENCY no later than the 10th day of every month during the term of this Agreement. The RECIPIENT further agrees to submit the Outcomes and Accomplishments Final Report (APPENDIX VI) to the AGENCY no later than October 31, 2025 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 Section 7 and RECIPIENT will provide access to work papers, receipts, invoices, and reporting records, if requested by the AGENCY, as the AGENCY executes any internal audit responsibilities. 6. AGREEMENT ADMINISTRATORS All notices permitted or required to be given by one Party to the other and all questions about the Agreement 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. 4 For the AGENCY IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Stephanie McGarrah North Carolina Pandemic Recovery Office MSC 20320 Raleigh, NC 27699-0320 Direct: 984-202-4267 Email: Stephanie.mcgarrah@osbm.nc.gov Stephanie McGarrah North Carolina Pandemic Recovery Office 430 N. Salisbury Street Raleigh, NC 27603 Direct: 984-202-4267 Email: Stephanie.mcgarrah@osbm.nc.gov For the RECIPIENT IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name: Chris Coudriet Title: New Hanover County Manager Address: 230 Government Center Drive, Suite 195 Wilmington, NC 28403 Direct: 910-798-7184 Email: ccoudriet@nhcgov.com Name: Chris Coudriet Title: New Hanover County Manager Address: 230 Government Center Drive, Suite 195 Wilmington, NC 28403 Direct: 910-798-7184 Email: ccoudriet@nhcgov.com 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. The RECIPIENT must provide the AGENCY an independent Single Audit required under 2 CFR 200.501 if the Subrecipient received $750,000 or more in federal awards. A Subrecipient receiving less than $750,000 in total federal awards during its fiscal year is exempt as provided in 2 CFR 200.501 but must retain and provide records for review or audit upon request by the Federal agency, the state, or the Government Accountability Office. 8. 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. 9. SUBCONTRACTING AND ASSIGNMENT The RECIPIENT agrees that the assigning or subcontracting of any work related to the contract to a subcontractor requires the advance written permission of the AGENCY. The AGENCY agrees to provide a response within three (3) days of the request. If such permission is granted, such entities shall comply with the following: (a) The RECIPIENT is not relieved of any of the duties and responsibilities of the original Agreement; and (b) The RECIPIENT agrees and is responsible for managing and monitoring each project, program, or activity supported by grant funds. (c) Any SUBCONTRACTOR 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 SUBCONTRACTOR agrees to complete the State Grant Certification found in APPENDIX 5 III and submit to the Agency within 30 calendar days of execution of this Agreement, as required by North Carolina General Statute 143C-6- 23(c). 10. COMPLIANCE WITH LAW The RECIPIENT agrees to comply with all applicable federal and state laws, rules, and regulations in its performance of this Agreement. 11. 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. 12. AMENDMENTS This Agreement may be amended in writing which documents approval of changes by both the AGENCY and the RECIPIENT. 13. AGREEMENT CLOSE-OUT PROCESS The RECIPIENT agrees to submit to the AGENCY a complete performance and expenditure status report (final report) no later than October 31, 2025 or within forty-five (45) days of final incurred date, whichever is earlier. All funds not incurred as of September 1, 2025 will be returned to the AGENCY by September 30, 2025. 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 Section 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 within the timeframe mentioned earlier in Section 13 of this AGREEMENT. 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. 14. AUTHORIZED SIGNATURE WARRANTY The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. 6 In Witness Whereof, the RECIPIENT and the AGENCY have executed this Agreement in duplicate originals, with one original being retained by each party. NEW HANOVER COUNTY, NC Signature Date Tufanna Bradley New Hanover Assistant County Manager Printed Name Title NORTH CAROLINA OFFICE OF BUDGET AND MANAGEMENT NORTH CAROLINA PANDEMIC RECOVERY OFFICE Signature Date Charles Perusse State Budget Director Printed Name Title OSBM/NCPRO – Agreement 7/11/2022 7/11/2022 Before it will be possible to finalize this award and make any disbursement, you are required to provide to the Agency a description for how the organization will spend the amount of funding allocated for the specific purpose as stated in the Agreement. This will include completing the following: 1. Organization Section of this Document 2. Scope of Work Section of this Document 3. The Budget for Recipient in Appendix A-2 1. Organization: Organization Name: New Hanover County Organization Fiscal Year End: June 30 2. Scope of Work: Recipient shall detail below how the organization will spend the amount of funding allocated for the specific purpose as stated in the Agreement. The description should include activities to be provided, objectives to be achieved, and expected results. The description should also include anticipated timing of those activities, objectives and expected results. Contractor’s budgeted amounts and description of work with the activities, objectives, and expected results are to be provided within fifteen (15) days of contract approval. The following documents must also be provided - Emergency Rental Assistance Program Policies and Procedures, Outreach/Communication Plan and Program Compliance Plan. As required by Treasury, the program policies should include the collection of the following information. • Address of the rental unit. • Amount and percentage of monthly rent covered by ERA assistance. • Amount and percentage of separately stated utility and home energy costs covered by ERA assistance. • Total amount of each type of assistance provided to each household (i.e., rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing incurred due directly or indirectly to the COVID-19 outbreak). • Amount of outstanding rental arrears for each household. • Number of months of rental payments and number of months of utility or home energy cost payments for which ERA assistance is provided. • Household income and number of individuals in the household; and • Gender, race, and ethnicity of the primary applicant for assistance. • For landlords and utility providers, the name, address, and Social Security number, tax identification and DUNS number. OSBM NCPRO –Form A-1 Effective: 2/1/22 Appendix I ERA Grant Scope of Work (Form A-1) Appendix II: NCPRO ERA Grant Grant Recipient's Budget (Form A-2) Below are general expenditure descriptions that can serve as a guide for preparing the organization’s budget related to the grant award. Please add rows in the budget section as needed. This form must be certified by the signature of an authorizing official. The certification is for both Attachment A-1 and A-2. If subcontractors’ detail is not available upon contract execution, include the expenses in the "Subcontract Expenses" column. 1. General Information NAME OF RECIPIENT ORGANIZATION: Contract Agreement Number Total Funding Authorized by SB 172 CDFA Term of Grant Will you subgrant or pass down funds to other organizations? Organization Tax ID Number DUNS Number Point of Contact Name: Point of Contact Title: Point of Contact Email Point of Contact Phone Number New Hanover County ERA2-22-0009 $6,762,989.80 21.023 June 27, 2022 – September 30, 2025 2. Budget Section Recipient Name or Subcontractor Name Employee Expenses (e.g., Payroll and benefits cost for employee that are dedicated to COVID-19) Contracted Labor Expenses Other Administrative Expenses (e.g., utilities, telephone, data, lease related expenses) Rent Awards Utility Awards Housing Stability Services Other Expenses (e.g., related charges not assigned above and described by recipient) TOTAL Expenditures Notes $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 On the first day of each month during the term of this Agreement, and before it will be possible to make any disbursement, you are required to provide to the Agency the status towards the specific purpose as stated in the ERA Grant Scope of Work (A-1) (Attachment I). This report is to be completed by the grant recipient and uploaded to the link below. 1. Organization Organization Name New Hanover County Contract Agreement Number ERA2-22-0009 Date 2. Financial Summary Total Funding Authorized Total Funding Received to Date Balance $6,762,929.80 3. Performance: The Recipient shall detail below how the organization has spent the amount of funding allocated for the specific purpose as stated in the Agreement. The description should include all activities and progress. sheri OSBM NCPRO – Form R-1 Effective: 4/1/21 Page 1 of 2 Appendix IV Emergency Rental Assistance Grant Project Status Report (Form R-1) Reporting Period Date(s): _________________ (Information provided for this performance period only, do not provide cumulative information.) Descriptive summary of how the funds were used, including specific deliverables achieved to include the following performance information. Performance Indicators - Number of applications received - Number of applications approved - Number of applications determined ineligible - Number of households receiving rent awards - Number of households receiving utility awards - Number of applicants below 80%, 50% and 30% of area median income - Number of households demonstrating a risk of homelessness or housing instability Applicant Characteristics • Head of Household (HH) Race • HH Ethnicity • HH Age • HH Gender • HH Zip Code • Household Size • Traditionally undeserved groups (underserved, non-English speaking population) I certify that funds mentioned in this document were used in accordance with Appendix I and II in the contract between the State of North Carolina and my organization. Name: Signature: Title: Phone: Email: OSBM NCPRO – Form R-1 Effective: 2/1/22 Page 2 of 2 Financial Data: Total expended for Rent Awards: $___________________ Total expended for Utility Awards: $___________________ Total expended for Housing Stability: $___________________ Total expended for Administrative Expenses: $___________________ Grand Total for the Reporting Period: $___________________ APPENDIX V: NCPRO Emergency Rental Assistance Grant Monthly Disbursement Request (Form R-2) Form R-1 must accompany this form to receive funds disbursement from NCPRO. RECIPIENT COMPLETION INFORMATION: Upload complete form to: https://ncosbm.sharefile.com/r-r706705de3f2f4e0ab0779d4e066fca00 PART A: Summary of Funding Received and Spent NAME OF RECIPIENT ORGANIZATION: Contract Agreement Number Total Funding Authorized by SB 172 Advance Disbursement Request #1 (Details in Part B) Disbursement Request #2 (Details in Part B) Disbursement Request #2 (Details in Part B) Disbursement Request #3 (Details in Part B) Disbursement Request #4 (Details in Part B) Disbursement Request #5 (Details in Part B) Disbursement Request #5 (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 New Hanover County ERA2-22-0009 $6,762,929.80 $2,151,841.30 Recipient Name or Subcontractor Name Employee Expenses (e.g., Payroll and benefits cost for employee that are dedicated to COVID-19) Contracted Labor Expenses Other Administrative Expenses (e.g., utilities, telephone, data, lease related expenses) Rent Awards Utility Awards Housing Stability Services Other Expenses (e.g., related charges not assigned in herein and described by recipient) TOTAL Expenditures Notes Ex. «RecipientName» vendor Ex. «RecipientName» employee Ex. «RecipientName» Recipient $ Ex. «RecipientName» Subcontractor $ - $ - $ - $ - Appendix III: Federal Funding Accountability and Transparency Act (FFATA) The State of North Carolina must report into the FFATA Subaward Reporting System which captures and report subawards and executive compensation data regarding their first tier subawards to meet the FFATA reporting requirements. New Hanover County, North Carolina Enter your DUNS Number: Enter your 9 Digit Zip Code: Question 1: In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific CCR record, represented by a DUNS number, belongs) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Question 2: Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which this specific CCR record, represented by a DUNS number, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? 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 that is provided by NCPRO to upload images, brochures, and other information to illustrate your outcomes and accomplishments. 1. Organization: Organization Name: New Hanover County, NC Signed by_______________________________________ Printed Name____________________________________ Title___________________________________________ Date___________________________________________ OSBM NCPRO – Form F Effective: 4/1/2021 Appendix VI Emergency Rental Assistance Program Grant (Form F) Outcomes and Accomplishments Final Report 2. Outcomes and Accomplishments: