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HomeMy WebLinkAboutGrant Application - NeighborImpactILI0° 01- ES 02 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of February 6, 2008 Please see directions for completing this document on the next page. DATE: January 29, 2008 FROM: Judith Ure Administrative Services 541-330-4627 TITLE OF AGENDA ITEM: Consideration of Board approval for Deschutes County to act as applicant for Community Development Block Grant on behalf of Neighborlmpact. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: Neighborlmpact routinely applies for and receives funding from the Community Development Block Grant (CDBG) Home Rehabilitation Program to serve low-income residents in Crook, Deschutes, and Jefferson Counties. However, to be eligible for these funds, a local government agency must act as direct applicant then enter into a sub -recipient agreement with Neighborlmpact as the local service provider. The applicant role has been rotated between the three counties and the Cities of Bend and Madras in previous years with Deschutes County last performing this function in 2003. Under this arrangement, NeighborImpact will prepare the grant application, implement the project, and report project status and results. Deschutes County will draw and distribute the funds in accordance with CDBG guidelines. While the 2008 application, in the amount of $400,000, will benefit the entire tri - county region, it emphasizes low-income residents located in south Deschutes County who live witnin the area of the current ground water protection project. To proceed in the application process, Deschutes County must host a public hearing and sign a preliminary sub -recipient agreement to be submitted with the grant application. Please reference the attached memorandum from Corky Senegal, Director of NeighborImpact for further details about the project. FISCAL IMPLICATIONS: If a grant is awarded, Deschutes County will receive and pass through to NeighborImpact up to $400,000 between fiscal years 2008-09 and 2009-10, which will require appropriation through the regular budget cycle, supplemental budget process, or other action. RECOMMENDATION & ACTION REQUESTED: Approve Deschutes County to act as applicant for Community Development Block Grant on behalf of NeighborImpact and authorize Board Chair to sign sub -recipient agreement and subsequent grant application forms. ATTENDANCE: Judith Ure, Management Analyst. DISTRIBUTION OF DOCUMENTS: Return signed original copies of sub -recipient agreement to Judith Ure. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: Please complete all sections above the Official Review line. January 29, 2008 Contact Person: Karen Orme Contractor/Supplier/Consultant Name: Department: Administrative Services Phone #: Neighborlmpact 541-548-2380, ext 111 Goods and/or Services: Act as potential sub -recipient of Community Development Block Grant for the purpose of assisting low-income homeowners in Crook, Deschutes, and Jefferson Counties. Background & History: Neighborlmpact routinely receives funding from the Community Development Block Grant (CDBG) Home Rehabilitation Program to serve low-income residents in Crook, Deschutes, and Jefferson Counties. However, to be eligible for these funds, a local government agency must act as direct applicant then enter into a sub -recipient agreement with Neighborlmpact as the local service provider. The applicant role has been rotated between the three counties and the Cities of Bend and Madras in previous years with Deschutes County last performing this function in 2003. Under this arrangement, Neighborlmpact will be responsible for preparing the grant application, implementing the project, and reporting project status and results. Deschutes County will draw and distribute the funds in accordance with CDBG guidelines. While the 2008 application, in the amount of $400,000, will benefit the entire tri -county region, it places an emphasis on assisting low-income residents located in south Deschutes County who live within the area of the current ground water protection project. To proceed in the application process, the County must host a public hearing (copy of published notice attached) and sign a preliminary sub -recipient agreement to be submitted with the grant application. Please reference attached agenda request form and memorandum from Neighborlmpact for further details concerning the project. Agreement Starting Date: July 1, 2008 Annual Value or Total Payment: Ending Date: June 30, 2010 Up to $400,000 during 2008-2010 biennium. ❑ Insurance Certificate Received check box) Insurance Expiration Date: Check all that apply: ❑ RFP, Solicitation or Bid Process 7 Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ® No If No, has budget amendment been submitted? ❑ Yes ® No 1/30/20M. Departmental Contact: Judith Ure Phone #: Title: Management Analyst 541-330-4627 Department Director Approval: Signature Date Distribution of Document: Return signed originals to Judith Ure. Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review Date Document Number 1/30/2008 Neighborlmpact Critical LcecLOixere?erxx:a.En oweei N,Change. TO: Deschutes County Board of Commissioners FROM: Corky Senecal, Director Housing and Emergency Services NeighborImpact RE: Funding Opportunity Home Rehabilitation Loan Program for Low Income Homeowners DATE: January 2, 2008 The State of Oregon administers the Community Development Block Grant Home Rehabilitation Program for "balance of state" communities. The tri -county area of Deschutes (excluding the City of Bend), Crook and Jefferson counties qualifies for funding from this source. NeighborImpact has consistently applied for and received funding to provide this program to low-income residents of Central Oregon. The funding requirement is that a local jurisdiction must be the applicant entity and then enter into a sub -recipient agreement with the local service provider. NeighborImpact has been the sub -recipient for each of the grants with different local jurisdictions throughout the service area being the direct applicant. In 2003 Deschutes County was the recipient and since then we have worked with the City of Bend, Crook County, Jefferson County and the City of Madras. We are asking Deschutes County to submit the application to the State of Oregon for $400,000 in CDBG Home Rehabilitation funding for the years 2009 and 2010. The funding is categorical and not competitive with any other CDBG funding Deschutes County is eligible to receive. As the applicant Deschutes County need only identify a staff person as a liaison between NeighborImpact and the Oregon Housing and Community Services Rehabilitation Program office and staff. NeighborImpact is responsible for preparing the application, facilitating the processes required to receive and administer funding, and implement the program. We see this as a unique opportunity for the partnership between Deschutes County and NeighborImpact. While the funding will serve low-income residents in all three counties, the funding cycle on this particular grant may help to serve residents of South Deschutes County in the "Ground Water Protection Project". Currently our home rehabilitation program wait -list has 44 applicants, 22 are in Deschutes County and 10 are in South Deschutes County. Clearly, this program will benefit a number of Deschutes County residents. The deadline for submission to Oregon Housing and Community Services is February 28, 2008. We are asking the Board of Commissioners for authorization to prepare the application with Deschutes County as the applicant entity. OREGON HOUSING AND COMMUNITY SERVICES 2007 INCOME LIMITS Effective March 20, 2007 U.S. Department of Housing and Urban Development (HUD) "Low Income" and "Moderate Income" are defined in the federal Housing and Community Development Act of 1974, as amended. A Low —Income person is a member of a family with a gross income of no more than 50 percent of the area median income. A Moderate -Income person is a member of a family with a gross income of no more then 80 percent of the area median income. The "area" is either the county or the non - metropolitan portion of the state, whichever has the higher median income. The 2007 estimated median family income for non -metropolitan counties in Oregon is $47,596. MSA / County %MFI 1Pers 2Pers 3Pers 4Pers 5Pers 6Pers 7Pers 8Pers Deschu tes FY 2007 MFI: Low 58,700 Moderate Crook FY 2007 MFI: Low 46,700 Moderate Jefferson FY 2007 MFI: Low 44,500 Moderate 20600 23500 26450 29400 31750 34100 36450 38800 32950 37650 42350 47050 50800 54600 58350 62100 17300 19750 22250 24700 26700 28650 30650 32600 27650 31600 35550 39500 42650 45800 49000 52150 16900 19300 21750 24150 26100 28000 29950 31900 27050 30900 34800 38650 41750 44850 47950 51000 r Neighborlmpact Criika I `IcbCs. U.rertf•ar•nC timpah 69Change. NeighborImpact's Housing Rehabilitation Program The Housing Rehab Program is designed to assist homeowners in maintaining the upkeep of their home, be it roof repair/replacement, plumbing & electrical repairs to exterior paint and septic problems. To qualify for this program you must own your own home and the land it is on, and you also must fall at 80% of the area median income or lower (see attachment for income qualifications). Neighborlmpact will conduct a site visit to interested homeowners once they have met the income requirements. A representative will take an application to them and make a short visit to ensure the type of repairs the homeowner is interested in making fall within our program guidelines. The loan maximum is $25,000 and depending on the household annual income the interest rate is anywhere from 1 %-4%. These loans are deferred for 30 years, in other words no monthly payment is required. The loan is paid back at the sale or refinance of the home, or in 30 years the entire loan comes due. The homeowner is responsible for hiring an Oregon licensed General Contractor to do the work, however Neighborlmpact can assist them in this process if need be. Neighborlmpact writes grants on an annual basis to apply for funds through Oregon Housing & Community Services, this is how the program is funded. Once loans are paid back to Neighborlmpact, they are pooled in a revolving loan fund and lent back out in the community for housing repairs in the same manner. For questions or to apply to the program, contact Karen Orme at Neighborlmpact: 541-548-2380. extension I11. 01/29/2008 16:13 54192322527 • -Sttellt160641,. 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OfloineVlef; Grata .:-.0teellett, l'Ilt .,„. ?:.;liffettreld ...0,111,01556,10„.oug-w...4 :tiCe iMileialtle5.:tlit le • a !.) •. :on rat wan ••• :Dent cat • • de-.Wste.CIWdhOIY p., 55011 4 !db) • prenvinatiacarbaien• Ofv�JIO • ofilninntItlu. prowesitiwticsiviaioh.41, otthIflnt fs naolsIllailait, • de Personas con ilnInston.. •! • tatnalin • otnia,•;n, 02001 Intiderados y bajegi•adttlin en hr*nntitlart peclAtt• Ater 'wades con on Mallet lelooltled1"1"dant 51.Cenlook' In011actOtrotannidf: •.; . . '• •• Loa eallienotrlos. Gianni lobn *IR* Afiemmn**-40464 . . . • .• SUBRECIPIENT AGREEMENT This Agreement is made and entered into by and between Deschutes County and NeighborImpact. Founded in 1985, NeighborImpact is a private nonprofit organization established to serve and speak out for economically disadvantaged people in Central Oregon. Our mission is to break the cycle of poverty by helping remove the barriers that prevent people from achieving economic self-sufficiency. NeighborImpact is not a government agency, but a private nonprofit agency whose funding comes from federal, state and local sources, grants from private foundations and donations from individuals and businesses. RECITALS WHEREAS, the County has been awarded Community Development Block Grant (CDBG) funds from the State of Oregon, acting by and through Oregon Housing & Community Services Department; WHEREAS, the grant is subject to Title I of the Housing and Community Development Act of 1974, 42 U.S.C. "5301-5321 (1994) ("the Act"), the regulations promulgated pursuant thereto, 24 Code of Federal Regulations (C.F.R.) 570.1-.5 (1997), Oregon Revised Statutes (ORS) 285A.075 (1997), and Oregon Administrative Rules (OAR) 123-080-0000 TO 123-080-0050 (1998), all as may be amended from time to time, and WHEREAS, the approved uses of those funds are subject to a grant contract between the State of Oregon, Oregon Housing & Community Services Department and the County for project # HR (Regional Housing Center); and WHEREAS, the County engages the Subrecipient to carry out specified activities under the executed grant contract # THEREFORE, the parties agree as follows: I. SCOPE OF SERVICES A. Activities The Subrecipient will be responsible for Regional Housing Center in a manner satisfactory to the County and consistent with any standards required as a condition of providing these funds, see Exhibit A and Exhibit B. Such Project will include the activities eligible under the Community Development Block Grant (CDBG) program administered by the State of Oregon, including: 1. Operations of the Regional Housing Counseling Center 2. Program management activities 4. Grant administration More information is in the attached Scope of Services and Schedule of Payment (Exhibit A). B. National Objective The Subrecipient certifies that the activities carried out with funds provided under this Agreement will meet the national objective of principal benefit to low- and moderate -income persons as required by 24 C.F.R. 570.483(b). Page 1 of 14 C. Staffing Subrecipient shall assign such staff as is appropriate to carry out its responsibilities in a timely and professional manner. Upon The County's request, Subrecipient shall provide the names and responsibilities of key staff assigned to perform work under this agreement, and shall notify The County in the event of changes in key staff assignments. D. Performance Monitoring The County will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the County will constitute non- compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the County, suspension or termination procedures for this Agreement will be initiated. II. Time of Performance The period for this agreement is effective January 1, 2009 to December 31, 2011. III. Budget The line item budget for services to be provided by the Subrecipient is in the attached Scope of Services and Schedule of Payment (Exhibit A). Any indirect costs charged must be consistent with the conditions of this Agreement. In addition, the County may require a more detailed budget breakdown than the one contained in Exhibit A, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to this budget must be approved in writing by the County and the Subrecipient. IV. (Payment) Transfer of Funds V. Notices Communications and details concerning this Agreement shall be directed to the following rebresentatives: Page 2 of 14 County Subrecipient Name & Title Melanie Harper Operations Director Address: 1300 NW Wall Street 2303 SW First Street County, State, Zip code Bend, Oregon 97701 Redmond, OR 97756 Page 2 of 14 Telephone: (541) (541) 548-2380 ext. 104 Fax Number: (541) (541) 548-6013 Email: melanieh@neighbormpact.org VI. General Conditions A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Department of Housing and Urban Development regulations for Community Development Block Grants applicable to funds provided through states). The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. No employee, agent, consultant, officer, or elected or appointed official of the County or the Subrecipient receiving CDBG funds who exercises or has exercised any functions or responsibilities with respect to CDBG activities assisted by the grant for project # , or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any interest or benefit, direct or indirect, in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, for themselves or those with whom they have family or business ties during his/her tenure or for one year thereafter. C. Independent Contractor Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Subrecipient and Deschutes County or Oregon Housing and Community Services. The Subrecipient shall be responsible exclusively for payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers Compensation Insurance for its officers, agents and employees. The Subrecipient and Deschutes County agree that there is no relationship under this agreement except as specified herein. Deschutes County exercises no control over, is not responsible for the acts of, assumes no specific responsibilities to or for officers, employees or agents or the public in general, except as specified in this Agreement. The Subrecipient shall not claim any relationship with the Deschutes County or OHCS as agent, representative or employee which is not expressly set forth in this agreement. Except for the State of Oregon, nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties to this Agreement, any right or remedy of any nature whatsoever. Page 3 of 14 D. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify Deschutes County from any and all claims, actions, suits, charges, and judgments whatsoever that arise out of the Subrecipient performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers Compensation The Subrecipient shall provide Workers Compensation Insurance coverage for all of its employees involved in the performance of this Agreement before work under the Agreement commences. The Subrecipient shall ensure that its contractors do likewise. F. Insurance and Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud, and/or undue physical damage, and shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from Deschutes County, and a performance bond ensuring faithful performance of the Agreement. The Subrecipient shall comply with the bonding and insurance requirements of Attachment B of OMB Circular A-110, Bonding and Insurance. The Subrecipient shall maintain at all times comprehensive liability insurance and property damage insurance covering its activities and operations under this Agreement, and naming Deschutes County, its officers, agents and employees as additional named insured. Such insurance shall be in the forms and amounts not less than set forth in ORS 30.270. Deschutes County shall be furnished a certificate of insurance providing at least ten days written notice if the insurance coverage is canceled or reduced. Deschutes County shall maintain at all times comprehensive liability insurance and property damage insurance covering its activities and operations under this Agreement. G. Amendments Deschutes County or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by Deschutes County's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release Deschutes County or Subrecipient from its obligations under this Agreement. Deschutes County may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Deschutes County and Subrecipient. Page 4 of 14 H. Suspension or Termination Deschutes County may suspend or terminate this Agreement, in whole or in part, if the Subrecipient materially fails to comply with any term of this Agreement or with any of the rules, regulations or provisions referred to herein. In the event there is probable cause to believe the Subrecipient is in noncompliance with any applicable rules or regulations, Deschutes County may withhold up to fifteen (15) percent of said Agreement funds until such time as the Subrecipient is found to be in compliance by Deschutes County, or is otherwise adjudicated to be in compliance. Failure of the Subrecipient to comply with the provisions of this Agreement and the grant contract shall constitute a breach of this Agreement. Deschutes County shall be entitled to recover from the Subrecipient any sums that may become due as a result of said breach. The State of Oregon shall have independent authority to enforce the provisions of this Agreement, including recovery of sums due for breach of this Agreement. VII. Administrative Requirements A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with the policies, guidelines and requirements of OMB Circulars A-122, A Cost Principles for Non -Profit Organizations, or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied to all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record-keeping 1. Records to be maintained The Subrecipient shall maintain all records required by the State of Oregon pursuant to federal regulations at CFR Part 570.490, that are pertinent to the activities to be funded under this Agreement. Instructions from the State are included in a Grant Management Handbook and by communication from State employees. The Subrecipient shall maintain any other records pertinent to this Agreement in such a manner as to clearly document the Subrecipient's performance. Page 5 of 14 For fair housing and equal opportunity purposes, the Subrecipient's records shall include data on the racial, ethnic and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the program. The Subrecipient shall provide citizens with reasonable access to records regarding the past use of CDBG funds consistent with State and local requirements concerning the privacy of personal records. 2. Retention The Subrecipient shall retain and keep accessible all such books, accounts, records, reports, files, and other papers, or property for a minimum of three (3) years from closeout of the grant hereunder, or such longer period as may be required by applicable law, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later. 3. Property Records The Subrecipient shall maintain real property inventory records which clearly identify property purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the "change of use restrictions" specified in 24 C.F.R. Part 570.489(j). 4. Close -Outs The Subrecipient's obligation to Deschutes County shall not end until the State, through its Housing & Community Services Department, determines that the project can be administratively closed. 5. Audits and Inspections Audits shall be conducted annually in accordance with the Single Audit Act of 1984, 31 U.S.C. "7501-7507 (1994) as amended by Pub. L. 104-156, "1-3, 110 Stat. 1397 (1996) and the regulations promulgated pursuant thereto, 24 C.F.R. "44.1-44.18 (1997), and the Office of Management and Budget (OMB) Circular A-133, 24 C.F.R. "45.1-45.5 (1997). The Subrecipient acknowledges and agrees that Deschutes County, the State, and the federal government (including but not limited to the U.S. Department of Housing and Urban Development, the Inspector General, and the General Accounting Office) and their duly authorized representatives shall have access to all books, accounts, records, reports, files, and other papers, or property pertaining to the administration, receipt and use of CDBG funds and necessary to facilitate such reviews and audits in order to perform examinations and audits and make excerpts and transcripts. C. Reporting and Payment Procedures Page 6 of 14 1. Payment Procedures Deschutes County will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Deschutes County policy concerning payments. Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. 2. Indirect Costs If indirect costs are charged, the Subrecipient shall follow an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to Deschutes County with evidence that it has been negotiated and approved by the Federal cognizant agency for the Subrecipient. If the Subrecipient's indirect cost proposal is under review by the cognizant agency, it shall be followed by the Subrecipient until a final plan is negotiated and approved. 3. Progress Reports The Subrecipient shall submit regular progress reports to Deschutes County in the form, content and frequency as required by Deschutes County. 4. Program Income The Subrecipient shall report all program income as defined at 24 C.F.R. 570.489(e) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with all applicable requirements of the U.S. Department of Housing and Urban Development and the State for Community Development Block Grants. By way of further limitations, the Subrecipient shall use program income during the Agreement period for activities permitted under this Agreement and shall reduce requests for grant funds by the amount of any such program income balances on hand. Upon expiration of this agreement, all unused program income on hand or subsequently received shall be returned to Deschutes County. 5. Procurement The Subrecipient shall procure all materials, property or services in accordance with the Uniform Administrative requirements of OMB Circular A-110 (implemented at 24 C.F.R. part 84, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non -Profit Organizations" or the related CDBG provision, as specified in this paragraph. (a) Subpart A --"General"; (b) Subpart B--"Pre-Award Requirements,"except for 84.12, "Forms for Applying for Federal Assistance"; (c) Subpart C --"Post Award Requirements," except for; Page7of 14 (1) Section 84.22, "Payment Requirements"; (2) Section 84.23, "Cost Sharing and Matching"; (3) Section 84.24, "Program Income." In lieu of 84.24, the Subrecipient shall follow 570.489(e); (4) Section 84.25, "Revision of Budget and Program Plans"; (5) Section 84.32,"Real Property." In lieu of 84.24, the Subrecipient shall follow 570.505; (6) Section 84.34(g), "Equipment." In lieu of the disposition provisions of 84.34(g), the following applies: (A) In all cases in which equipment is sold, the proceeds shall be program income (prorated to reflect the extent to which CDBG funds were used to acquire the equipment); and (B) Equipment not needed by the Subrecipient for CDBG activities shall be transferred to Deschutes County or shall be retained after compensating the recipient; (7) Section 84.51 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and Program Performance"; (8) Section 84.52, "Financial Reporting": (9) Section 84.53(b), "Retention and access requirements for records." The retention period starts from the date of submission of the State's Consolidated Annual Performance and Evaluation Report, as described in 24 CFR 91.520, in which the specific activity is reported on for the final time; (10) Section 84.61, "Termination." In lieu of the provisions of 84.61, the Subrecipient shall comply with paragraph V.II.I of this Agreement, and d. Subpart D--"After-the-Award requirements," except for 84.71, "Closeout Procedures." VIII. Participant Conditions The Sub -Recipient agrees to comply, and cause its agents and contractors to comply, with all applicable state and federal laws, regulations, policies, guidelines and requirements with respect to the use of and the administration, distribution and expenditure of the funds provided under this Agreement, including but not limited to the following: 1. The Housing and Community Development Act of 1974, as amended, and with all related applicable laws, rules and regulations, including but not limited to Sections 109 and 110 of the Act. 2. Section 104(d) of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. '5304 (1994), and the regulations promulgated pursuant thereto, and 12 U.S.C. '1735b (1994). 3. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. '1701u (1994) (employment opportunities to lower income people in connection with assisted projects), and the regulations promulgated pursuant thereto, 24 C.F.R. '135.38 (1997). The Sub -Recipient shall cause or require the Section 3 clause in 24 C.F.R. '135.38 (1997) to be inserted in full in all contracts and subcontracts exceeding $100,000 for Section 3 covered construction projects receiving more than $200,000 under this Grant Contract. 4. Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970, 42 U.S.C. "4601-4655 (1997), and the regulations promulgated pursuant thereto, 49 C.F.R. "24.1 - Page 8 of 14 24.603 (1997); 5. The Davis -Bacon Act, as amended, 40 U.S.C. "276a to 276a-5 (1994); 42 U.S.C. '5310 (1994) (applicable to the rehabilitation of residential property by laborers and mechanics in the performance of construction work only if such property contains not less than eight (8) units); and the Contract Work Hours and Safety Standards Act, 40 U.S.C. "327-333 (1994), and all regulations promulgated pursuant to thereto and all other applicable federal laws and regulations pertaining to labor standards. 6. The Hatch Act, 5 U.S.C. "7321-7326 (1994) (limiting the political activity of some employees). 7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d (1994), and the regulations promulgated pursuant thereto, 24 C.F.R. "1.1-1.10 (1997). The Sub -Recipient will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to the Sub -Recipient, this assurance shall obligate the Sub -Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 8. Title VIII of the Civil Rights Act of 1968, as amended, popularly known as the Fair Housing Act, 42 U.S.C. "3601-3631 (1994), as amended by Pub. L. 104-76, "1-3 109 Stat. 787 (1995); Pub. L. 104-66, Title I, '1071(e), 109 Stat. 720 (1995); Pub. L. 90-284, Title VIII, '814A, as added Pub. L. 104-208, Div. A, Title II, '2302(b)(1), 110 Stat. 3009-3421 (1996); Pub. L. 104- 294, title VI, '604(b)(15), (27), 110 Stat. 3507, 3508 (1996) 9. Exec. Order No. 11,063, 46 F.R. 1253 (1962), reprinted as amended in 42 U.S.C. '1982 (1994) and the regulations promulgated pursuant thereto, 24 C.F.R. "107.10-107.65 (1997). 10.Exec. Order No. 11,246, 30 F.R. 12319 (1965), as amended by Exec. Order No. 11,375, 32 F.R. 14303 (1967), reprinted in 42 U.S.C. '2000e (1994), and the regulations promulgated pursuant thereto, 41 C.F.R. "60-1.1 to 60-999.1 (1997) 11.The Age Discrimination Act of 1975, 42 U.S.C. "6101-6107 (1994). 12.Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (1994). 13.Section 302 of the Lead -Based Paint Poisoning Prevention Act, 42 U.S.C. '4822 (1994), and the regulations promulgated pursuant thereto, 24 C.F.R. "35.1-35.98 (1997). 14. The Architectural Barriers Act of 1968, 42 U.S.C. "4151-4157 (1994). 15. The Copeland Anti -Racketeering Act, 18 U.S.C. '1951 (1997). 16.ORS "294.305-294.565 (1997) and other applicable state laws for Deschutes County and municipal administration. Page 9 of 14 17.Special program and grant administration requirements imposed by the State related to the acceptance and use of funds provided under this Grant Contract (which requirements have been approved in accordance with the procedures set forth in the Grant Management Handbook). IX.Lobbying Certification For grants of $100,000 or more, the Sub -Recipient also makes the certification regarding lobbying set forth in Exhibit A This Sub -Recipient Agreement is hereby executed by the parties on the dates set forth below. Deschutes County NeighborImpact By: By: Title: Title: Date: Date: Page 10 of 14 Exhibit A Scope of Services and Schedule of Payment A. Principal Tasks 1. Operate the Regional Housing Center and provide direct service and referral to other housing providers with the service area. With area providers, establish written working agreements and develop a tracking system for referrals and a referral follow up process. • Provide on-going orientation sessions on the home buying services offered within the region. • Provide access to pre -purchase counseling in one-on-one counseling sessions. Counseling includes creating a work plan that addresses the barriers (credit, debts, savings, and employment) preventing the homebuyer from qualifying for a home loan. • Provide access to home -buying classes in English and Spanish on the housing decision, financial preparation, shopping for a home, mortgages, closing process, and protecting a home. • Conduct outreach and marketing activities, targeted to low and moderate income households, minorities, single women with children and residents of low-income neighborhoods. • Participate in the planning and delivery of home -buying fairs. • Provide training on affordable mortgage products. • Provide access to foreclosure prevention counseling, rental, homelessness, and emergency assistance programs. • Provide information and access to owner -occupied rehab programs. (Exhibit B of HCS #505) • Provide written procedures for appeal by clients of sub -recipient determinations. 2. Workplan Activity Number of persons served Outcomes Regional Housing Services 68th+ Various services per specific program Individual Development Accounts (IDA) 80% of Area Median Income or below. Reverse Mortgage Counseling Age requirement only, it is 62 3. Program matrix of services provided with customer eligibility criteria. Program/Service Customer Income Eligibility Criteria Homebuyer Education None Financial Fitness Classes None, however targeted to HeadStart and the local housing authorities participants Individual Development Accounts (IDA) 80% of Area Median Income or below. Reverse Mortgage Counseling Age requirement only, it is 62 Page 11 of 14 Exhibit A Default Counseling None ., .tq a»%.��' o L3 e s �p p rogra f a oa`�����'Uplo uoans nada canoe % • ®1 Housing Rehabilitation 80% of Area Median Income or below. Weatherization 60% of Area Median Income or below. Weatherization Classes 60% of Area Median Income or below. Dousing Reface 8(}oafe�cla c B. Line Item Budget The following is the budget for Project # to be determined by grant award to be administered by the Sub -Recipient. Unless otherwise noted, this budget may be modified only through a formal written amendment approved by the County. II. Method of Compensation / Schedule of Payments 1. Subrecipient shall request periodic drawdown of grant funds to pay eligible program expenses. 2. Request for drawdown of funds for Subrecipient's administrative and program services shall be on an expense reimbursement basis. 3. All drawdown requests shall include documentation of work completed to date in a manner, form and substance acceptable to the County and State before any disbursement of funds will be made. Draw downs for the payment of eligible expenses shall be made against the line item budgets specified.. Payments will be made for eligible expenses actually incurred and may not exceed actual cash requirements. 4. Eligible grant administration costs are defined by the State's Grant Management Handbook. The Sub - Recipient must request payments for grant administration services separately from program management services because Federal program regulations require the two types of costs to be reported separately. Funds for grant administration may be requested in the same manner as for program management. Page 12 of 14 Alaaun# a Opp. II. Method of Compensation / Schedule of Payments 1. Subrecipient shall request periodic drawdown of grant funds to pay eligible program expenses. 2. Request for drawdown of funds for Subrecipient's administrative and program services shall be on an expense reimbursement basis. 3. All drawdown requests shall include documentation of work completed to date in a manner, form and substance acceptable to the County and State before any disbursement of funds will be made. Draw downs for the payment of eligible expenses shall be made against the line item budgets specified.. Payments will be made for eligible expenses actually incurred and may not exceed actual cash requirements. 4. Eligible grant administration costs are defined by the State's Grant Management Handbook. The Sub - Recipient must request payments for grant administration services separately from program management services because Federal program regulations require the two types of costs to be reported separately. Funds for grant administration may be requested in the same manner as for program management. Page 12 of 14