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24 <br />c. Americans with Disabilities Act ["ADA"] and the ADA Accessibility Guidelines for <br />Buildings and Facilities or the Uniform Federal Accessibility Standards. <br />d. North Carolina Building Code, Volume I, Chapter 11-X. These provisions describe . <br />- minimum standards Recipient must meet in constructing or altering building and <br />facilities, to make them accessible to and useable by the physically handicapped. <br />23. Change of Use of Real PropertX. Recipient agrees not to change the use or planned use of <br />any property acquired with CDBG funds from that for which the acquisition or improvement <br />was made, in accordance with this Agreement and applicable law, rule, regulation or <br />requirement, unless (i) the DOC grants explicit written approval and (ii) the requirements of <br />24 C.F.R. § 570.489(j), 24 C.F.R § 570.505 and other applicable requirements are followed, <br />as modified (or as may be modified) by HUD or DOC. <br />24. Obligation of Recipient V~ith Regard to Vacant Units. The recipient shall ensure that <br />all vacant units being rehabilitated will be occupied by a Iow or moderate income <br />person by the time close-out occurs. <br />25. Utility Assessments or Fees: Assessments or fees to recover the CDBG funded <br />portion of a utility project may be charged to properties not owned and occupied by. <br />low and moderate income persons. Such assessments are program income and, as <br />such, must be used for eligible CDBG activities that meet a CDBG national objective. <br />26. False or Nfisleading Information. Recipient is advised that providing false; fictitious or <br />misleading information with respect to CDBG funds may resutt in criminal, civil, or <br />administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 <br />U.S.C. § 3801, or another applicable statute. Recipient shall promptly refer to DOC and <br />.HUD's Office of the Inspector General any credible evidence that a principal, employee, <br />agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim <br />under the False Claims Act or has committed a criminal or civil violation of laws pertaining <br />to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG funds. <br />27. Disputes with DOC. If Recipient has any disagreement or dispute with any action or - <br />inaction by DOC, Recipient shall inform DOC by letter addressed to Vickie L. Miller, <br />Director, Department of Commerce -Division of Community Investment grid Assistance, <br />4313 Mail Service Center, Raleigh, NC 27699-4313. The Division of Community <br />Investment and Assistance ["CP'] will endeavor to respond in writing to said letter within 30 <br />days from receipt. Recipient shall not be entitled to a hearing under Chapter 150B for <br />matters described in N.C. Gen. Stat. § ISOB(c)(8), added by N.C. Senate Bill 960, including <br />matters related to "contracts, disputes, protests, and/or claims arising out of or relating to the <br />implementation of the [CDBG]." This includes actions arising out of or related to this <br />Agreement or the Program. <br />28. Disputes or Com lap rots by Sub~r~e,,c7ip„i~ents or Other Entities. Recipient is responsible for <br />- - - developing, L1lplemellt~Jrig QL1d LLLLlGlllg ItS o-VVrl dlsp ULe resolution procedure$ W~ih lespe~t t0 - - - - <br />disputes and/or complaints between and among Recipient, a Subrecipient, a contractor and/or <br />any other person or entity (other than DOC). This includes (but is not limited to) procedures <br />relating to procurement disputes or protests discussed in 24 C.F.R 85.36. In the event of a <br />dispute between and among Recipient, any Subrecipient, contractor and/or any other persons <br />