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11 <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 Property. 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. § 570.4890), 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 With Regard to Vacant Units. The recipient shall ensure that <br /> all vacant units being rehabilitated will be occupied by a low 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 Misleading Information. Recipient is advised that providing false, fictitious or <br /> misleading information with respect to CDBG funds may result 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 Miller, Director, <br /> Department of Commerce—Division of Community Investment and Assistance, 4313 Mail <br /> Service Center,Raleigh,NC 27699-4313. Community Investment ["Cl"] will endeavor to <br /> respond in writing to said letter within 30 days from receipt. Recipient shall not be entitled <br /> to a hearing under Chapter 150B for matters described in N.C. Gen. Stat. § 15013(c)(8), <br /> added by N.C. Senate Bill 960, including matters related to "contracts,disputes,protests, <br /> and/or claims arising out of or relating to the implementation of the [CDBG]." This includes <br /> actions arising out of or related to this Agreement or the Program. <br /> 28. Disputes or Complaints by Subrecipients or Other Entities. Recipient is responsible for <br /> developing, implementing and utilizing its own dispute resolution procedures with respect to <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 /> or entities (not including DOC), Recipient shall make every effort to resolve the dispute <br /> 8 <br />