Agenda - 02-01-2011 - 4f - Laserfiche WebLink

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12 22... Architectural Barriers_ Per 4 N C.A.C.19L..1007, 24 C..F R §§ 570..487 and 5'70 614 and other applicable law, all applicable buildings or facilities designed, constructed or altered with CDBG Grant funds shall be made accessible and useable to the physically handicapped as may be requix•ed by applicable laws, rules, regulations or requirements Additionally, Recipient must comply with the following (as may be applicable to CDBG projects): a. Architectural Baxrier•s Act of 1968 {P.L 90-480). Ihis act requires Recipient to ensure that certain buildings constructed or altered with CDBG funds are readily accessible to the physically handicapped:. b.. Minimum Guidelines and Requirements for Accessible Design 36 C.F .R. Part 1190. These regulations establish guidelines for implementing the federal acts described in 4 N.C..A.C.19L..1007(1)(a). The regulations provide technical standards which must be met by Recipient c Americans with Disabilities Act ["ADA"] and the ADA Accessibility Guidelines for Buildings and Facilities oz• the Uniform Federal Accessibility Standards d.. North Carolina Building Code, Volume I, Chaptez 11-X These pzovisions describe minimum standards Recipient must meet in constructing or altering building and facilities, to make them accessible to and useable by the physically handicapped. 23 . Change of Use of Real Property Recipient agrees not to change the use or planned use of any property acquix•ed with CDBG funds from that for which the acquisition ox improvement was made, in accoz•dance with this Agreement and applicable law, rule, regulation or requirement, unless (i) the DOC grants explicit written approval and (ii) the requirements of 24 C.F .R § 570.489(j), 24 C.F.,R § 5'70 505 and other applicable requirements are followed, as modified (or as may be modified) by HUD or DOC 24. Obligation of'Recipient With Regard to Vacant Units the recipient shall ensux•e that all vacant units being rehabilitated will be occupied by a low ox• moderate income person by the time close-out occurs. 25. Utility Assessments or Fees: Assessments or fees to x•ecovex the CDBG funded portion of a utility project may be charged to properties not owned and occupied by Iow and modex•ate income persons. Such assessments axe program income and, as such, must be used fox eligible CDBG activities that meet a CDBG national objective. 26. False ox Misleading Information Recipient is advised that providing false, fictitious or misleading information with respect to CDBG funds may result in criminal, civil, or administrative prosecution under 18 U S C § 1001, 18 U.S..C.. § 1343, 3I U.S C § 3729, 31 U..S C. § 3801, or another applicable statute. Recipient shall promptly refer to DOC and HUD's Office of the Inspector Genezal any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation oflaws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG funds. 27. Disputes with DOC If Recipient has any disagreement or dispute with any action ox inaction by DOC, Recipient shall inform DOC by letter addressed to Gloria Nance-Sims, Director, Department of Commerce -Division of Community Assistance, 4313 Mail Service Center, Raleigh, NC 2'7699-4313 The Division of Community Assistance ["DCA"} will endeavor to respond in writing to said letter within 30 days from receipt. Recipient shall not be entitled to a hearing under Chapter 150B for matters described in N C. Gen Stat § 150B(c)(8), added by N..C. Senate Bi11960, including matters related to "contracts, disputes,