FY24 DSS ERA2 Agreement1
EMERGENCY RENTAL ASSISTANCE PROGRAM
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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.
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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
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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.
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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
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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.
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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.
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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: