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HomeMy WebLinkAboutCFCLT Contract Draft New Hanover County Contract # 25-0018 Page 1 of 8 Account # 11026100 790851 Requisition # 8213 NORTH CAROLINA NON-COUNTY AGENCY FUNDING AGREEMENT NEW HANOVER COUNTY THIS AGREEMENT made and entered into this _________ day of __________________________, 2024 by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County"; and CAPE FEAR COMMUNITY LAND TRUST, INC., a nonprofit corporation existing under the laws of the State of North Carolina having its principal office in New Hanover County, North Carolina, hereinafter called "Recipient." W I T N E S S E T H: WHEREAS, Recipient has agreed to promote quality of life and economic development and ensure the prosperity of the region in a cost-effective manner for the benefit of the citizens of New Hanover County; WHEREAS, Recipient is a verifiable nonprofit or governmental entity in operation for at least two years; WHEREAS, Recipient demonstrably contributes to meeting County’s strategic objectives and is consistent with key priorities; WHEREAS, Recipient supports the delivery of needed services that County does not provide or can more effectively or efficiently deliver those services, or Recipient provides programs or services that enhance a County function or service or addresses a documented need for the Recipient’s program or services; WHEREAS, Recipient has requested County to assist in the funding of the services described herein; and New Hanover County Contract # 25-0018 Page 2 of 8 Account # 11026100 790851 Requisition # 8213 WHEREAS, G. S. 153A-149(c)(15), 160A-497, and 153A-255 authorize County to provide Recipient financial support for the services; NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants herein and the considerations stated herein, the parties do hereby covenant and agree as follows: 1. Purpose of Contract and Recipient's Use of Funds. County shall provide funds to Recipient for the purpose of building new homes and renovating existing homes that are affordably sold or rented to low-to-moderate income families for the benefit of the citizens of New Hanover County. Recipient agrees that these services shall be available to all County residents who meet the eligibility requirements of its program(s). Recipient agrees to use all funds in accordance with the following criteria: 2. Description of Recipient's Service Area. Recipient shall use County funds to provide services within New Hanover County, including all municipalities located therein. 3. Term of Contract. The term of this contract shall be from July 1, 2024, through June 30, 2025, one (1) fiscal year. 4. Payment. County agrees to pay Recipient for FY24-25 one-half (1/2) of the approved amount within thirty (30) days after the executed contract is received by County. The County approved amount is $22,871.00 for FY24-25. County will disburse the balance of the funds within thirty (30) days after receipt of the Recipient’s audit or financial statements for the prior fiscal year. Funds will not be released until and unless all financial, performance, contract, reporting, or memorandum terms and deadlines are met. 5. Nonprofit and Incorporated Status. Recipient shall be in operation for at least two (2) years prior to December 31 of the year preceding the application deadline and shall verify New Hanover County Contract # 25-0018 Page 3 of 8 Account # 11026100 790851 Requisition # 8213 its nonprofit status by submitting an IRS tax exempt letter confirming 501(c)(3) or 501(c)(6) status, an IRS 990 or 990 EZ form, and a current solicitation license from the North Carolina Secretary of State, or if exempt, the exemption letter. Recipient shall be incorporated and shall not have its revenue suspended by the North Carolina Secretary of State or have overdue federal, state or local taxes. 6. Termination of Contract, Contingent Funding; Breach of Contract. Either party shall have the right to terminate this Contract by giving the other party thirty (30) days written notice of termination unless otherwise authorized hereunder. In the event of termination, Recipient agrees to refund all County monies it retains as of the effective date of termination. In addition, Recipient shall provide County with a financial accounting, as required by County, for all funds received by Recipient on hand up to the date of termination. If Recipient fails to conform to any of the terms or conditions contained in this Contract, Recipient shall be in breach of this Contract and the County may take corrective action as it deems necessary. Such corrective action may include but is not limited to: withholding or reduction of funds not yet paid, recovery of previously paid funds, termination of services, and immediate termination of this Contract. Should a general reduction in County expenditures be enacted because of economic conditions, the County may immediately terminate payments and shall have no further contractual obligations. 7. Recipient Financial Reporting. 7.1. Financial Records. Recipient shall establish fiscal control and accounting procedures in accordance with Generally Accepted Accounting Principles. The New Hanover County Contract # 25-0018 Page 4 of 8 Account # 11026100 790851 Requisition # 8213 procedures shall account for all funds paid by County to Recipient, and Recipient shall maintain such records for three (3) years after the date of termination of this Contract. 7.2. Reporting. Recipient will be required to submit a financial and programmatic mid-year report by January 15, 2025, and a year-end report by July 15, 2025. The report must indicate the extent to which goals and objectives are being achieved and/or have been achieved. If Recipient’s performance is not at the expected level, Recipient must submit an explanation for the deviation and describe actions it will take to remedy the deficiency. See Attachment A. 7.3. County Access to Financial Records. Recipient shall allow the County Manager, or his designated representative, access and the right to inspect and copy all financial records. If Recipient receives $25,000 or more of funding, Recipient must submit a financial audit at its own expense. The audit must be conducted by a certified public accountant and financials must be two-year comparative. Additional information may be requested if required to understand the financial statements of Recipient. If Recipient receives less than $25,000, Recipient shall submit compiled financial statements prepared by an accounting professional and approved by the Recipient’s governing body. Financials must be two-year comparative. Additional information may be requested if required to understand the financial statements of Recipient. Any related-party transactions must be identified, and a detailed explanation provided, if not identified in the audited financial statements. A related-party transaction is a business deal or arrangement between two parties who have a relationship prior to the deal. This could include, but is not limited to, an arrangement between a key member of management, a close family member of key management staff, a parent or subsidiary company, or a member of the managing board. Typical arrangements could include, but is not limited to, purchases, loans, or receivables. New Hanover County Contract # 25-0018 Page 5 of 8 Account # 11026100 790851 Requisition # 8213 7.4. Recipient’s Program Evaluation. Recipient may be subject to program evaluations to include, but not limited to: reviewing current financial relationship with County, Recipient’s background and partnership history, assessment of achievement of and alignment with County’s strategic objectives, performance measurements and customer evaluations, cost/benefit analysis and benchmarking, and identification of program challenges. 8. Recipient Cooperation. Recipient shall use its best efforts to cooperate with County departments and with other County funding recipients. 9. Notification and Approval of Major Changes. No major changes can occur after contract signing, either in activities, financing, or use of funds, without requesting and receiving approval in writing from New Hanover County. County has unilateral full discretion in determining what constitutes a major change. When a change is requested, new targets as well as an updated spending plan need to accompany the request. If changes are made without pre- approval, County may consider/require that the funds be returned to the County. 10. Governing Board. Recipient shall be governed by a board and submit to County a current board roster prior to funding. 11. Compliance with Applicable Laws. Recipient agrees that in performing activities of any kind funded with the monies made available under the provisions of this Contract, it shall comply with all local, state and federal laws and regulations. 12. Eligibility Standards. Recipient must meet all eligibility requirements and may not use a funding agent or other third-party arrangement to meet eligibility requirements. 13. Independent Contractor. Recipient understands and agrees it is an independent contractor and not an agent of County, and as such, Recipient, its agents and employees shall not New Hanover County Contract # 25-0018 Page 6 of 8 Account # 11026100 790851 Requisition # 8213 be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, pension, or retirement benefits. 14. Indemnity. Recipient shall indemnify and hold County, its officials, officers, agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work or services to be performed by Recipient hereunder, resulting from the negligence of or the willful act or omission of Recipient, its agents, employees and subcontractors. 15. Assignment of This Contract. The parties agree that this Contract is not transferable or assignable by either party without the written consent of the other party. 16. Non-Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this Contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Contract. 17. Entire Agreement. This Agreement constitutes the entire understanding of the parties. No modification, including amendments to Recipient's budget of County funds, or rescission of this Agreement shall be effective unless evidenced by a writing signed by both parties. 18. E-Verify Compliance. Pursuant to N.C.G.S. 143-133.3, Recipient shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of Contract. 19. Conflicts of Interest. Recipient agrees to disclose to County any potential conflicts of interest. New Hanover County Contract # 25-0018 Page 7 of 8 Account # 11026100 790851 Requisition # 8213 20. Equal Opportunity. In connection with the performance of this Contract, Recipient agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. Recipient agrees to take affirmative actions to ensure that applicants are employed, and that during their employment, employees are treated without regard to their race, religion, color, sex, age, disability, or national origin. Recipient further agrees that programs or services offered by Recipient are not restrictive with regard to race, sex, age, religion, disability, or any characteristics prohibited by law. 21. Payment Release: Funds shall not be released until Recipient complies with all financial and performance measurements requirements and reporting, terms of contract or memorandum of understanding, and all deadlines. CONTRACTS MUST BE RETURNED TO NEW HANOVER COUNTY PRIOR TO ANY COUNTY FUNDS BEING RELEASED. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, by authority duly given on the day and year first above written. CAPE FEAR COMMUNITY LAND TRUST, INC. (CORPORATE SEAL) By: _____________________________ Title: ____________________________ ATTEST: By: ______________________________ Title: _____________________________ New Hanover County Contract # 25-0018 Page 8 of 8 Account # 11026100 790851 Requisition # 8213 STATE OF NORTH CAROLINA NEW HANOVER COUNTY I, ___________________________________, a Notary Public of the State and County aforesaid, certify that ________________________________ personally came before me this day and acknowledged that (s)he is __________________ of CAPE FEAR COMMUNITY LAND TRUST, INC., a North Carolina nonprofit corporation with its principal office in New Hanover County, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its authorized signatory. WITNESS my hand and notarial seal, this ________ day of ____________________, 2024. ________________________________ ________________________ Notary Public My Commission Expires [ REST OF PAGE INTENTIONALLY BLANK. NEW HANOVER COUNTY DIGITAL SIGNATURE PAGE ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.] NON-COUNTY AGENCY REPORTING FORM This form will be used to submit your mid-year report, due January 15, 2025, and your year-end report, due July 15, 2025. Target TargetActual Actual July 1 to December 31, 2024 January 1 to June 30, 2025 Measures MEASURABLE RESULTS Legal Agency/Program Name: Total Agency Budget: PROGRAM/SERVICE BUDGET SPENDING PLAN FOR REQUESTED NHC FUNDS Total Cost NHC Funds Dec. 31 Target Dec. 31 Actual June 30 ActualJune 30 Target Salary & Benefits* Program Supplies Other Program Costs** Training Travel/Mileage Rent Technology Utilities & OtherOccupancy Costs TOTAL **Do not include special characters in the table below (commas, dollar signs, etc.) as the totals will not calculate correctly. If you have not met your target measures for this reporting period, please explain why and provide details about the steps you are taking to meet your target measures. Number of Individuals Served (unique) Note: Any changes to the targets or spending plan will need to be requested by email and pre-approved. 1 SEE DEFINITIONS Requested Funding for FY24-25: Awarded Funding for FY24-25: Atachment B Non-County Agency Compliancy Dates FY24-25 TASK DUE 1. Agency signed contract due to county 30 days a�er agency received 2. County will disburse ½ of funds 30 days a�er signed contract is received from the agency 3. Mid-Year Repor�ng Form emailed to agency By December 31, 2024 4. Mid-Year Repor�ng Form due January 15, 2025 5. Year -End Repor�ng Form emailed to agency By June 30, 2025 6. Year -End Repor�ng Form due July 15, 2025 7. Disbursement of remaining funds 30 days a�er audit or compiled financial statement is received (see contract for explana�on) Note: All documents are to be emailed.