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HomeMy WebLinkAboutResolutions - 1991.05.23 - 18555MISCELLANEOUS RESOLUTION #91113 DATE: May 23, 1991 BY: PUBLIC SERVICES COMMITTEE, RUTH A. JOHNSON, CHAIRPERSON IN RE: COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT - COMMUNITY DEVELOPMENT DIVISION - SHELTER CONTRACTS WITH SOUTH OAKLAND SHELTER (SOS), BALDWIN AVENUE HUMAN SERVICES CENTER, HELP AGAINST VIOLENT ENCOUNTERS NOW (HAVEN), AND PONTIAC AREA TRANSITIONAL HOUSING (PATH), AND FIVE PERCENT GRANT RETENTION FOR ADMINISTRATIVE PURPOSES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies, and Gentlemen: WHEREAS, homelessness is a serious and growing national, state, and local problem; and WHEREAS, the Congress of the United States, recognizing this problem, has passed the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77 approved July 22, 1987) and subsequent amendments; and WHEREAS, the U.S. Department of Housing and Urban Development awarded Oakland County an $83,000 Emergency Shelter Grant (ESG) Program formula allocation for the 1991 program year on March 13, 1991, to be allocated within 180 days of receipt; and WHEREAS, the receipt of ESG Program funds allows the County to contract with subrecipients to provide overnight shelter, shelter furnishings, food, emergency medical services, transportation to overnight shelters, homeless prevention activities, and similar services to the homeless; and WHEREAS, four shelters in Oakland County: South Oakland Shelter (SOS), Baldwin Avenue Human Services Center, Help Against Violent Encounters Now (HAVEN), and Pontiac Area Transitional Housing (PATH), have applied for 1991 Emergency Shelter Grant funds; and WHEREAS, each of these shelters have a demonstrated need for funding; and WHEREAS, the county wishes to enter into contracts with each of these four shelters to provide them with 1991 Emergency Shelter Grant funds in the following amounts: SOS ($50,350), Baldwin ($9,500), HAVEN ($9,500), and PATH ($9,500) [see attached contracts], and WHEREAS, the Cranston-Gonzalez Affordable Housing Act (PL 101-625), 104 Stat. 4359, allows the County as ESG recipient to retain five percent of each ESG allocation for administrative purposes; and N, CHAIRPERSON WHEREAS, the County intends to retain five percent of its 1991 Emergency Shelter Grant ($4,150 of the $83,000 allocation) for administration; and WHEREAS, the Oakland County Community Development Citizens Advisory Council has approved the above funding amounts by a roll call vote of 16-0; and WHEREAS, the contracts have been approved by the Office of Corporation Counsel, Purchasing Division, Personnel Division, and Risk Management Division. NOW THERFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners be authorized to execute the attached agreements with South Oakland Shelter, Baldwin Avenue Human Servies Center, HAVEN, and PATH for the combined sum of $78,850. BE IT FURTHER RESOLVED that the Division of Community Development be authorized to retain $4,150 of the County's 1991 ESG allocation, representing five percent of the total grant, for administrative purposes. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. SHLTR RESO (9) SB/kjf 4/9/91 ENERC=T S19 .:6&7:-R GRA7T PROGRAM , CONTRACT BETWEEN THE COUNTY OF OAKLAND AND SO4"-,!At. OAKLAND SHELTER (SOS) Preamble 1.01 This contract is made on the 1st day of July 1991 between South Oakland Shelter (SOS), hereinafter designated as the "Shelter," having its principal office at 431 North Main Street, Royal Oak, Michigan 48067, and the County of Oakland, Office of Community Development, hereinafter designated as the "County," having its principal office at 1200 North Telegraph Road, Pontiac, Michigan, 48341-1043. 1.02 The effective dates of this contract shall be from July 1, 1991 to June 30, 1992, and any such period(s) as the Shelter and the County shall agree. Purpose 2.01 The purpose of this contract is to provide emergency shelter services to the homeless pursuant to and within the parameters of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77) as amended, Funds provided by the County under these acts will be subsequently referred to as "ESG Funds." 2.02 The program's primary objectives are: a) The provision of essential services to the homeless, including health, drug abuse, education or food. b) Maintenance and operation of homeless Shelters (but not salaries of operating staff); the provision of insurance, utilities and salary of shelter maintenance staff. c) The provision of furnishings for homeless shelter clients. Furnishings include beds, mattresses, blankets and other sleeping equipment, clothing and other similar expenses. Page 1 of 8 The total amount spent on category (a) may not exceed thirty percent of the total grant assistance available. 2.03 In consideration of mutual promises and covenants contained herein, the County and the Shelter agree as follows: Responsibilities of the Shelter/Reporting 3.01 The Shelter shall carry specific activities with ESG funds as listed above. (See Attachment A for Shelter's cost allocation plan.) 3.02 The Shelter shall submit Reimbursement Requests along with supporting documentation, work progress reports and financial reports on a monthly basis. 3.03 The Shelter shall provide an Evaluation Report to the County at the completion of the term of this contract. The report shall contain a census of clients served with counts of male, female, minority, senior and minor clients served and a statement of the effectiveness of Emergency Shelter Grant funds in providing services, supplies and shelter to the homeless. Responsibilities of the Shelter/Matching Funds 4.01 In accordance with Emergency Shelter Grant Program regulations at 24 CFR576.71(a) and (b), the grantee will match ESG funds received with an equal amount of supplemental funds subsequent to the ESG award. Attachment B denotes costs allowable as matching funds. The shelter will certify to the County that it will match all funds received with supplemental funds (see Attachment C for Shelter's Matching Funds Certification). 4.02 With each reimbursement submission, the shelter will provide the County with a report of costs incurred in accordance with Attachment B and applied against the matching funds requirement, using the "Oakland County ESG Program Matching Funds Report" (Attachment D). The report will provide back-up documentation for these incurred costs (cancelled checks, receipts, etc.). Funds used to match a previous ESG award may not be used to match a Page 2 of 8 subsequent grant award. The shelter may not use matching funds from any other ESC award to the shelter to match the Oakland County award. For example, funds used to match a State of Michigan ESG award may not be used to also match an Oakland County ESG award. Responsibilities of the Shelter/Accounting and Auditing 5.01 The shelter shall maintain its financial records such that Oakland County ESG funds are maintained in a separate account distinct from all other asset accounts. The shelter will not, for example, place Oakland County ESG funds with other grants under the single account title "federal grants". The shelter's bookkeeping method will ensure that a clear record of receipt and expenditure of Oakland County ESG funds is kept, distinct from all other grants and the shelter's other sources of income. 5.02 The shelter shall follow the provisions of Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations." By signing this contract, the shelter certifies that it has received a copy of OMB circular A-133 from the County. The Shelter will allow County audits in connection with the performance and administration of this contract. Responsibilities of the Shelter/Reporting 6.01 The Shelter shall comply with any additional reporting requirements to be specified by the County. Responsibilities of the Shelter/ 7.01 The Shelter shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. CHIVE Page 3 of 8 Responsibilities of the County 8.01 The County shall, in consideration of services rendered to the homeless by the Shelter, pay the Shelter a total sum not to exceed $50,350.00. 8.02 The County shall reimburse the Shelter upon receipt of a Reimbursement Request from the Shelter as specified in Section 3.02. 8.03 The County through reimbursement to the Shelter will cover all items in cost categories listed in Section 3.01. (See Attachment A for Shelter's specific Cost Allocation Plan.) Prohibition of Discrimination 9.01 The parties shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status pursuant to 1976 P.A. 453, Section 209. The parties shall also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 P.A. 220 and the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 394, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The parties shall comply with all other federal, state or local laws, regulations, And standards, and any amendments thereto as they may apply to the performance of this contract. 9.02 No person shall, on the grounds of race, creed, color, sex, age, national origin, height, weight, handicap, or marital status be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this contract. The Shelter shall comply with all applicable regulations promulgated pursuant to the Civil Rights Act of 1964. Page 4 of 8 Prohibition of Political Activity 10.01 None of the funds, materials, property or services contributed by the County to the Shelter under this contract shall be used in the performance of this contract for any partisan political activity, or to further the election or defeat of any candidate for public office. Prohibition of Religious Activity 11.01 There shall be no religious worship, instruction or proselytization as part of, or in connection with the performance of this contract. Assurance of Drug and Alcohol Free Facilities 12.01 The Shelter will administer, in good faith, a policy designed to ensure that the Shelter is free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. General Provisions 13.01 Merger or Integration. This contract constitutes the entire contract between the County and the Shelter with respect to the subject matter hereof and there are no other or further written or oral understandings or agreements with respect hereto. 13.02 Assignment or Delegation. No assignment or delegation of this contract may be made, in whole or in part, without the written consent of the County being first obtained. 13.03 Termination. Either party may at any time during the life of this contract or any extension thereof terminate this contract by giving thirty (30) days notice. Notices to the Shelter shall be addressed to it at 431 North Main Street, Royal Oak, Michigan 48067, and notices to the County shall be addressed to it c/o the Office of Community Development, Executive Office Building, Room 112, 1200 North Telegraph Road, Pontiac, Michigan 48341-1043. Page 5 of 8 13.04 Indemnification. a) The Shelter shall indemnify, defend and hold harmless the County, its employees, officials, volunteers, boards, commissions and agents against any and all expense and liability arising from any act, omission or negligence of the Shelter. b) In the event the Shelter becomes involved in or is threatened with litigation relative to this contract and project, the Shelter shall immediately notify the County and the County may enter into such litigation to protect the interests of the County as they may appear. 13.05 Insurance. The Shelter shall maintain during the term of this contract and any extensions thereof, the following insurance: a. Workers' Compensation which meets Michigan statutory requirements and Employer's Liability with a minimum limit of $100,000 each accident. b. Comprehensive General Liability policy with a minimum combined single limit of $500,000 per occurrence for bodily injury or property damage. This policy shall include contractual and personal injury coverages. c. Automobile Liability in accordance with Michigan No-Fault Laws with a minimum combined single limit of $300,000 per occurrence for bodily injury and property damage. Coverage shall include owned, non-owned and hired automobiles. Insurance will be maintained with a well-rated insurance company licensed in the State of Michigan and acceptable to the Oakland County Risk Management Department. The contractor is responsible for all premiums, deductibles, co-payments, uncovered losses and losses in excess of valid coverages required to be maintained by the contractor. Certificates evidencing such insurance coverage and subsequent renewals must be presented to and approved by the County prior to any services under this contract. Evidence of renewal of expiring coverage must also be submitted to and approved by Oakland County prior to such expiration date. Page 6 of 8 Certificates must provide for thirty (30) day written notice to the certificate holder of cancellation of contractor's coverage. 13.06 Independent Contractor Provision. The relationship of the Shelter to the County shall be that of an independent contractor. No partnership, association, or joint enterprise shall arise between the parties hereto as a result of any provision of this contract nor shall any provision herein be construed as making an employee of the Shelter an agent or employee of the County. 13.07 Disputes. The Shelter shall notify the County in writing of its intent to pursue a claim against the County for breach of any terms of this contract. No suit may be commenced by the Shelter for breach of this contract prior to the expiration of ninety (90) days from the date of such notification. Within this ninety (90) day period, the Shelter, at the request of the County, must meet with an appointed representative of the County for the purpose of attempting to resolve the dispute. 13.08 Program Income. The receipt and expenditure of program income shall be recorded as part of the financial transactions of the ESG program. Program income received prior to grant closeout may be retained by the shelter and used for operation and maintenance items as specified in Attachment A of this contract. "Program income" means gross income received by the shelter directly generated from the use of ESG funds. 13.09 Reversion of assets. Upon expiration of this agreement, the shelter shall transfer to the County any ESG funds on hand at the time of expiration and any accounts receivable attributable to the use of ESG funds. Any real property under the shelter's control acquired or improved in whole or in part with ESG funds in excess of $25,000 must either: 1. Be used to meet the objectives of the ESG Program for five years after the expiration of the agreement; or 2. Be disposed of by the shelter in a manner resulting in the county being reimbursed in the amount of the current fair market value of the property less any portion attributable to the expenditures of non-ESG funds for acquisition of, or improvemements to, the property. Such reimbursement is not required after five years from the expiration of this agreement. Page 7 of 8 Attachments 14.01 The following attachments are appended to this contract and are a part this contract: 1. Attachment A - Cost Allocation Plan of the Shelter 2. Attachment B - Costs Allowable as Matching Funds 3. Attachment C - Shelter's Matching Funds Certification 4. Attachment D - "Oakland County Emergency Shelter Grant Program Matching Funds Report" IN WITNESS THEREOF, South Oakland Shelter (SOS) and the County of Oakland have executed this contract as to the date first written above. COUNTY OF OAKLAND STATE OF MICHIGAN - BY: _- POSITION: POSITION: DATE: DATE: ATTEST:/2 0 ' ' /-> ATTEST: DATE: DATE: KJF(7/88) rev. 5/90, 2/5/91, 4/25/91, 5/8/91 SOS C (12) Page 8 of 8 ATTACHMENT A OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM South Oakland ShelYer 'S COST ALLOCATION PLAN I. ESSENTIAL SERVICES South Oakland Shelter , in accordance with Emergency Shelter Grant Program guidelines, will spend no more than 30 percent of its total grant on essential services. These include counseling, education, food, clothing, transportation for clients, and physical health expenses. TOTAL ALLOCATION FOR ESSENTIAL SERVICES: 15,105.00 II. OPERATION and MAINTENANCE South Oakland Shelter will spend the remainder of its grant on operation and maintenance expenses. These include: cleaning supplies, wages , of maintenance personnel, rent, repair of appliances or equipment, security, equipment rental, insurance, utilities, furnishings, office supplies, telephone bills, and mileage of shelter personnel on shelter business. TOTAL ALLOCATION FOR OPERATION AND MAINTENANCE: $ 35,245.00 III. TOTAL GRANT to South Oakland Shelter $ 50,350.00 Emergency Shelter Grant Progr;-,= Coots Alloweblt. as Matching FuLd- 24 CFR 576.71 (a) and (b) (a) General. Each grantee must match the funding provided by HUD under this Part with an equal amount of funds from sources other than under this part. These funds must be provided after the date of the grant award to the grantee. Funds used to match a previous ESG grant may not be used to match a subsequent grant award under this part. A grantee may comply with this requirement by providing the supplemental funds itself, or through supplemental funds or voluntary efforts provided by any State recipient or nonprofit recipient (as appropriate). (b) Calculating the matching amount. In calculating the amount of matching funds, there may be included the value of any donated material or building; the value of any lease on a building; any salary paid to staff of the grantee or to any State recipient or nonprofit recipient (as appropriate) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5 per hour. For purposes of this paragraph (b), the grantee will determine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. ESG B SB/kjf 4/8/91 SHELTER DIRECTOR ATTEST DATE ATTACHMENT C Oakland County Emergency Shelter Grant Program Subgrantee Shelter's Matching Funds Certification In accordance with federal regulations at 24 CFR 576.71 (a) and (b) (as specified in Attachment B) and provisions of this contract, sections 4.01 and 4.02, South Oaldand Shriltr as the subgrantee shelter provider agrees to match all ESG funds received with an equal amount of supplemental (matching) funds. The subgrantee shelter provider further agrees to provide documentation of its matching funds each time it submits a reimbursement request as specified in section 4.02 of this contract. ESG C(12) SB/kjf 4/8/91 rev. 6/4/91 SIGNATURE TYPED NAME & TITLE DATE CALL.z.,A1 w•u EMERGENCY SMELTER GRAM! U.IC137AA MATCHING FUNDS REPORT Attach supporting documentation for lines 6 a-e (example: time sheets, value computations, etc) to this report PLEASE PRIHT OF 4TPU 1. Name of Shelter 2. Contact Person 3. Phone 4. Data of submission of bill 5. Amount of bills submitted with this report 6. Matching funds to be used to supplement submitted bills a. Value of donated material or building* b. Value of any lease on a building* c. Salary paid to staff of nonprofit recipient d. Time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5.00 per hour e. Total (line 60 must equal line 5) I certify that the information in this report is true and accurate to the best of my knowledge and that funds used to match this grant (amounts shown in 6a-e) have not been used to match any other Emergency Shelter Grant fro, Oakland County or any other jurisdiction. *Oakland County will determine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. NOTE: THIS REPORT MUST BE SUBMITTED WITH EACH BILL. FAILURE TO COMPLETE THIS REPORT WILL RESULT IN WITHHOLDING OF YOUR REIMBURSEMENT. EMERGENcY SHELTER GRANT PROGRAM CONTRACT BETWEEN Ttr COUNTY OF 01LAND AND HELP AGAINST VIOLENT ENCOUNTERS NOW (EiAVEI) Preamble 1.01 This contract is made on the 1st day of July 1991 between Help Against Violent Encounters Now (HAVEN) hereinafter designated as the "Shelter," having its principal office at 92 Whittemore Street, Pontiac, Michigan 48342 and the County of Oakland, Office of Community Development, hereinafter designated as the "County," having its principal office at 1200 North Telegraph Road, Pontiac, Michigan, 48341-1043. 1.02 The effective dates of this contract shall be from July 1, 1991 to June 30, 1992, and any such period(s) as the Shelter and the County shall agree. Purpose 2.01 The purpose of this contract is to provide emergency shelter services to the homeless pursuant to and within the parameters of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77) as amended. Funds provided by the County under these acts will be subsequently referred to as "ESG Funds." 2.02 The program's primary objectives are: a) The provision of essential services to the homeless, including health, drug abuse, education or food. b) Maintenance and operation of homeless Shelters (but not salaries of operating staff); the provision of insurance, utilities and salary of shelter maintenance staff. c) The provision of furnishings for homeless shelter clients. Furnishings include beds, mattresses, blankets and other sleeping equipment, clothing and other similar expenses. Page 1 of The total amount spent on category (a) may not exceed thirty percent of the total grant assistance available. 2.03 In consideration of mutual promises and covenants contained herein, the County and the Shelter agree as follows: Responsibilities of the Shelter/Reporting 3.01 The Shelter shall carry specific activities with ESG funds as listed above. (See Attachment A for Shelter's cost allocation plan.) 3.02 The Shelter shall submit Reimbursement Requests along with supporting documentation, work progress reports and financial reports on a monthly basis. 3.03 The Shelter shall provide an Evaluation Report to the County at the completion of the term of this contract. The report shall contain a census of clients served with counts of male, female, minority, senior and minor clients served and a statement of the effectiveness of Emergency Shelter Grant funds in providing services, supplies and shelter to the homeless. Responsibilities of the Shelter/Matching Funds 4.01 In accordance with Emergency Shelter Grant Program regulations at 24 CFR576.71(a) and (b), the grantee will match ESG funds received with an equal amount of supplemental funds subsequent to the ESG award. Attachment B denotes costs allowable as matching funds. The shelter will certify to the County that it will match all funds received with supplemental funds (see Attachment C for Shelter's Matching Funds Certification). 4.02 With each reimbursement submission, the shelter will provide the County with a report of costs incurred in accordance with Attachment B and applied against the matching funds requirement, using the "Oakland County ESG Program Matching Funds Report" (Attachment D). The report will provide back-up documentation for these incurred costs (cancelled checks, receipts, etc.). Funds used to match a previous ESG award may not be used to match a subsequent grant award. The shelter may not use matching funds from any Page 2 of 8 other ESG award to the shelter to match the Oakland County award. For example, funds used to match a State of Michigan ESC; award may not be used to also match an Oakland County ESG award. Responsibilities of the Shelter/Accounting and Auditing 5.01 The shelter shall maintain its financial records such that Oakland County ESG funds are maintained in a separate account distinct from all other asset accounts. The shelter will not, for example, place Oakland County ESG funds with other grants under the single account title "federal grants". The shelter's bookkeeping method will ensure that a clear record of receipt and expenditure of Oakland County ESG funds is kept, distinct from all other grants and the shelter's other sources of income. 5.02 The shelter shall follow the provisions of Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations." By signing this contract, the shelter certifies that it has received a copy of OMB circular A-133 from the County. The Shelter will allow County audits in connection with the performance and administration of this contract. Responsibilities of the Shelter/Reporting 6.01 The Shelter shall comply with any additional reporting requirements to be specified by the County. Responsibilities of the Shelter/Compliance 7.01 The Shelter shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Responsibilities of the County 8.01 The County shall, in consideration of services rendered to the homeless by the Shelter, pay the Shelter a total sum not to exceed $9,500.00. Page 3 of 8 8.02 The County shall reimburse the Shelter upon receipt of a Reimbursement Request from the Shelter as specified in Section 3.02. 8.03 The County through reimbursement to the Shelter will cover all items in cost categories listed in Section 3.01. (See Attachment A for Shelter's specific Cost Allocation Plan.) Prohibition of Discrimination 9.01 The parties shall not discriminate against any employee or applicant employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status pursuant to 1976 P.A. 453, Section 209. The parties shall also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 P.A. 220 and the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 394, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The parties shall comply with all other federal, state or local laws, regulations, and standards, and any amendments thereto as they may apply to the performance of this contract. 9.02 No person shall, on the grounds of race, creed, color, sex, age, national origin, height, weight, handicap, or marital status be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this contract. The Shelter shall comply with all applicable regulations promulgated pursuant to the Civil Rights Act of 1964. Prohibition of Political Activity 10.01 None of the funds, materials, property or services contributed by the County to the Shelter under this contract shall be used in the performance of this contract for any partisan political activity, or to further the election or defeat of any candidate for public office. , Page 4 of 8 Prohibition of Religious Activity 11.01 There shall be no religious worship, instruction or proselytization as part of, or in connection with the performance of this contract. Assurance of Drug and Alcohol Free Facilities 12.01 The Shelter will administer, in good faith, a policy designed to ensure that the Shelter is free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. General Provisions 13.01 Merger or Integration. This contract constitutes the entire contract between the County and the Shelter with respect to the subject matter hereof and there are no other or further written or oral understandings or agreements with respect hereto. 13.02 Assignment or Delegation. No assignment or delegation of this contract may be made, in whole or in part, without the written consent of the County being first obtained. 13.03 Termination. Either party may at any time during the life of this contract or any extension thereof terminate this contract by giving thirty (30) days notice. Notices to the Shelter shall be addressed to it at 92 Whittemore Street, Pontiac, Michigan 48342, and notices to the County shall be addressed to it c/o the Office of Community Development, Executive Office Building, Room 112, 1200 North Telegraph Road, Pontiac, Michigan 48341-1043. 13.04 Indemnification. a) The Shelter shall indemnify, defend and hold harmless the County, its employees, officials, volunteers, boards, commissions and agents against any and all expense and liability arising from any act, omission or negligence of the Shelter. b) In the event the Shelter becomes involved in or is threatened with litigation relative to this contract and project, the Shelter shall immediately notify the County and the County may enter into such litigation to protect the interests of the County as they may appear. Page 5 of 8 13.05 Insurance. The Shelter shall maintain during the term of this contract and any extensions thereof, the following insurance: a. Workers' Compensation which meets Michigan statutory requirements and Employer's Liability with a minimum limit of $100,000 each accident. b. Comprehensive General Liability policy with a minimum combined single limit of $500,000 per occurrence for bodily injury or property damage. This policy shall include contractual and personal injury coverages. c. Automobile Liability in accordance with Michigan No-Fault Laws with a minimum combined single limit of $300,000 per occurrence for bodily injury and property damage. Coverage shall include owned, non-owned and hired automobiles. Insurance will be maintained with a well-rated insurance company licensed in the State of Michigan and acceptable to the Oakland County Risk Management Department. The contractor is responsible for all premiums, deductibles, co-payments, uncovered losses and losses in excess of valid coverages required to be maintained by the contractor. Certificates evidencing such insurance coverage and subsequent renewals must be presented to and approved by the County prior to any services under this contract. Evidence of renewal of expiring coverage must also be submitted to and approved by Oakland County prior to such expiration date. Certificates must provide for thirty (30) day written notice to the certificate holder of cancellation of contractor's coverage. 13.06 Independent Contractor Provision. The relationship of the Shelter to the County shall be that of an independent contractor. No partnership, association, or joint enterprise shall arise between the parties hereto as a result of any provision of this contract nor shall any provision herein be construed as making an employee of the Shelter an agent or employee of the County. Page 6 of 8 13.07 Disputes. The Shelter shall notify the County in writing of its intent to pursue a claim against the County for breach of any terms of this contract. No suit may be commenced by the Shelter for breach of this contract prior to the expiration of ninety (90) days from the date of such notification. Within this ninety (90) day period, the Shelter, at the request of the County, must meet with an appointed representative of the County for the purpose of attempting to resolve the dispute. 13.08 Program Income. The receipt and expenditure of program income shall be recorded as part of the financial transactions of the ESG program. Program income received prior to grant closeout may be retained by the shelter and used for operation and maintenance items as specified in Attachment A of this contract. "Program income" means gross income received by the shelter directly generated from the use of ESG funds. 13.09 Reversion of assets. Upon expiration of this agreement, the shelter shall transfer to the County any ESG funds on hand at the time of expiration and any accounts receivable attributable to the use of ESG funds. Any real property under the shelter's control acquired or improved in whole or in part with ESG funds in excess of $25,000 must either: 1. Be used to meet the objectives of the ESG Program for five years after the expiration of the agreement; or 2. Be disposed of by the shelter in a manner resulting in the county being reimbursed in the amount of the current fair market value of the property less any portion attributable to the expenditures of non-ESG funds for acquisition of, or improvemements to,. the property. Such reimbursement is not required after five years from the expiration of this agreement. Attachments 14.01 The following attachments are appended to this contract and are a part of this contract: 1. Attachment A - Cost Allocation Plan of the Shelter 2. Attachment B - Costs Allowable as Matching Funds Page 7 of 8 IrJ .. 9 p. 4.r/ laity " A( qxv1/7„/ 3. Attachment C - Shelter's Matching Funds Certification 4. Attachment D - "Oakland County Emergency Shelter Grant Program Matching Funds Report" IN WITNESS THEREOF, Help Against Violent Encounters Now (HAVEN) and the County of Oakland have executed this contract as to the date first written above. COUNTY OF OAKLAND STATE OF MICHIGAN BY: POSITION: DATE: ATTEST: DATE: St.ttut. ittArrr- LL BY: POSITION: DATE: ATTEST: DATE: KJF(7/88) rev. 5/90, 2/5/91, 4/25/91, 5/8/91 HAVEN C (12) Page 8 of 8 III. TOTAL GRANT to Hgval $ 9„5-OeD ATTACHMENT A OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM /lit LTA' 'S COST ALLOCATION PLAN I. ESSENTIAL SERVICES , in accordance with Emergency Shelter Grant Program guidelines, will spend no more than 30 percent of its total grant on essential services. These include counseling, education, food, clothing, transportation for clients, and physical health expenses. TOTAL ALLOCATION FOR ESSENTIAL SERVICES: e c=5 II. OPERATION and MAINTENANCE remainder of its expenses. These of maintenance appliances or will spend the grant on operation and maintenance include: cleaning supplies, wages personnel, rent, repair of equipment, security, equipment rental, insurance, utilities, furnishings, office supplies, telephone bills, and mileage of shelter personnel on shelter business. TOTAL ALLOCATION FOR OPERATION AND MAINTENANCE: $ 6,50 ATEACIIPEMC Emergency Shelter Grant Progr Comte :11owable as Matching F. 24 Cnt 576.71 (a) and (b) (a) General. Each grantee must match the funding provided by HUD under this Part with an equal amount of funds from sources other than under this part. These funds must be provided after the date of the grant award to the grantee. Funds used to match a previous ESG grant may not be used to match a subsequent grant award under this part. A grantee may comply with this requirement by providing the supplemental funds itself, or through supplemental funds or voluntary efforts provided by any State recipient or nonprofit recipient (as appropriate). (b) Calculating the matching amount. In calculating the amount of matching funds, there may be included the value of any donated material or building; the value of any lease on a building; any salary paid to staff of the grantee or to any State recipient or nonprofit recipient (as appropriate) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5 per hour. For purposes of this paragraph (b), the grantee will determine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. ESG B SB/kjf 4/8/91 ATTACHMENT C Oakland County Emergency Shelter Grant Program Subgrantee Shelter's Matching Funds Certification In accordance with federal regulations at 24 CFR 576.71 (a) and (b) (as specified in AttaFhment B) and provisions of this contract, sections 4.01 and 4.02, /71171/71 as the subgrantee shelter provider agrees to match all ESG funds received with an equal amount of supplemental (matching) funds. The subgrantee shelter provider further agrees to provide documentation of its matching funds each time it submits a reimbursement request as specified in section 4.02 of this contract. akt.- rx_ n < SHELTER DIRECTOR ATTEST DATE DATE ESG C(12) SB/kif 4/8/91 rev. 6/4/91 $ $ SIGNATURE TYPED NAME & TITLE DATE 017LIED olosi EMERGENCY SMELTER GRANT AROMA:44 ..:ATCHING FUNDS REPORT Attach supporting documentation for lines 6 a-e (example: time sheets, value computations, etc) to this report PLEASE PRZrT OR TYPE 1. Name of Shelter 2. Contact Person 3. Phone 4. Date of submission of bill 5. Amount of bills submitted with this report 6. Matching funds to be used to supplement submitted ,s4,1 * a. Value of donated material or building* b. Value of any lease on a building* c. Salary paid to staff of nonprofit recipient d. Time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5.00 per hour e. Total (line 6e must equal line 5) I certify that the information in this report is true and accurate to the best of my knowledge and that funds used to match this grant (amounts shown in 6a-e) have not been used to match any other Emergency Shelter Grant from Oakland County or any other jurisdiction. *Oakland County will determine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. NOTE: THIS REPORT MUST BE SUBMITTED WITH EACH BILL. FAILURE TO COMPLETE THIS REPORT WILL RESULT IN WITHHOLDING OF YOUR REIMBURS EMERGENCY SHELTER GRANT PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND BALDWIN AVENUE HUMAN SERVICES CENTER Preamble 1.01 This contract is made on the 1st day of July 1991 between Baldwin Avenue Human Services Center, hereinafter designated as the "Shelter," having its principal office at 212 Baldwin Avenue, P. o. Box 420700, Pontiac, Michigan 48342-0700 and the County of Oakland, Office of Community Development, hereinafter designated as the "County," having its principal office at 1200 North Telegraph Road, Pontiac, Michigan, 48341-1043. 1.02 The effective dates of this contract shall be from July 1, 1991 to June 30, 1992, and any such period(s) as the Shelter and the County shall agree. Purpose 2.01 The purpose of this contract is to provide emergency shelter services to the homeless pursuant to and within the parameters of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77) as amended. Funds provided by the County under these acts will be subsequently referred to as "ESG Funds." 2.02 The program's primary objectives are: a) The provision of essential services to the homeless, including health, drug abuse, education or food. b) Maintenance and operation of homeless Shelters (but not salaries of operating staff); the provision of insurance, utilities and salary of shelter maintenance staff. C) The provision of furnishings for homeless shelter clients. Furnishings include beds, mattresses, blankets and other sleeping equipment, clothing and other similar expenses. Page 1 of 8 The total amount spent on category (a) may not exceed thirty percent of the total grant assistance available. 2.03 In consideration of mutual promises and covenants contained herein, the County and the Shelter agree as follows: Responsibilities of the Shelter/Reporting 3.01 The Shelter shall carry specific activities with ESG funds as listed above. (See Attachment A for Shelter's cost allocation plan.) 3.02 The Shelter shall submit Reimbursement Requests along with supporting documentation, work progress reports and financial reports on a monthly basis. 3.03 The Shelter shall provide an Evaluation Report to the County at the completion of the term of this contract. The report shall contain a census of clients served with counts of male, female, minority, senior and minor clients served and a statement of the effectiveness of Emergency Shelter Grant funds in providing services, supplies and shelter to the homeless. Responsibilities of the Shelter/Matching Funds 4.01 In accordance with Emergency Shelter Grant Program regulations at 24 CFR576.71(a) and (b), the grantee will match ESG funds received with an equal amount of supplemental funds subsequent to the ESG award. Attachment B denotes costs allowable as matching funds. The shelter will certify to the County that it will match all funds received with supplemental funds (see Attachment C for Shelter's Matching Funds Certification). 4.02 With each reimbursement submission, the shelter will provide the County with a report of costs incurred in accordance with Attachment B and applied against the matching funds requirement, using the "Oakland County ESG Program Matching Funds Report" (Attachment D). The report will provide back-up documentation for these incurred costs (cancelled checks, receipts, Page 2 of 8 etc.). Funds used to match a previous ESG award may not be used to match a subsequent grant award. The shelter may not use matching funds from any other ESG award to the shelter to match the Oakland County award. For example, funds used to match a State of Michigan ESG award may not be used to also match an Oakland County ESG award. Responsibilities of the Shelter/Accounting and Auditing 5.01 The shelter shall maintain its financial records such that Oakland County ESG funds are maintained in a separate account distinct from all other asset accounts. The shelter will not, for example, place Oakland County ESG funds with other grants under the single account title- "federal grants". The shelter's bookkeeping method will ensure that a clear record of receipt and expenditure of Oakland County ESG funds is kept, distinct from all other grants and the shelter's other sources of income. 5.02 The shelter shall follow the provisions of Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations." By signing this contract, the shelter certifies that it has received a copy of OMB circular A-133 from the County. The Shelter will allow County audits in connection with the performance and administration of this contract. Responsibilities of the Shelter/Reporting 6.01 The Shelter shall comply with any additional reporting requirements to be specified by the County. Responsibilities of the Shelter/Coupliance 7.01 The Shelter shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. page 3 of 8 Responsibilities of the County 8.01 The County shall, in consideration of services rendered to the homeless by the Shelter, pay the Shelter a total sum not to exceed $9,500.00. 8.02 The County shall reimburse the Shelter upon receipt of a Reimbursement Request from the Shelter as specified in Section 3.02. 8.03 The County through reimbursement to the Shelter will cover all items in cost categories listed in Section 3.01. (See Attachment A for Shelter's specific Cost Allocation Plan.) Prohibition of Discrimination 9.01 The parties shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status pursuant to 1976 P.A. 453, Section 209. The parties shall also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 P.A. 220 and the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 394, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The parties shall comply with all other federal, state or local laws, regulations, and standards, and any amendments thereto as they may apply to the performance of this contract. 9.02 No person shall, on the grounds of race, creed, color, sex, age, national origin, height, weight, handicap, or marital status be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this contract. The Shelter shall comply with all applicable regulations promulgated pursuant to the Civil Rights Act of 1964. Page 4 of 8 Prohibition of Political Activity 10.01 None of the funds, materials, property or services contributed by the County to the Shelter under this contract shall be used in the performance of this contract for any partisan political activity, or to further the election or defeat of any candidate for public office. Prohibition of Religious Activity 11.01 There shall be no religious worship, instruction or proselytization as part of, or in connection with the performance of this contract. Assurance of Drug and Alcohol Free Facilities 12.01 The Shelter will administer, in good faith, a policy designed to ensure that the Shelter is free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. General Provisions 13.01 Merger or Integration. This contract constitutes the entire contract between the County and the Shelter with respect to the subject matter hereof and there are no other or further written or oral understandings or agreements with respect hereto. 13.02 Assignment or Delegation. No assignment or delegation of this contract may be made, in whole or in part, without the written consent of the County being first obtained. 13.03 Termination. Either party may at any time during the life of this contract or any extension thereof terminate this contract by giving thirty (30) days notice. Notices to the Shelter shall be addressed to it at 212 Baldwin Avenue, P. 0. Box 420700, Pontiac, Michigan 48342-0700, and notices to the County shall be addressed to it c/o the Office of Community Development, Executive Office Building, Room 112, 1200 North Telegraph Road, Pontiac, Michigan 48341-1043. Page 5 of 8 13.04 Indemnification. a) The Shelter shall indemnify, defend and hold harmless the County, its employees, officials, volunteers, boards, commissions and agents against any and all expense and liability arising from any act, omission or negligence of the Shelter. b) In the event the Shelter becomes involved in or is threatened with litigation relative to this contract and project, the Shelter shall immediately notify the County and the County may enter into such litigation to protect the interests of the County as they may appear. 13.05 Insurance. The Shelter shall maintain during the term of this contract and any extensions thereof, the following insurance: a. Workers' Compensation which meets Michigan statutory requirements and Employer's Liability with a minimum limit of $100,000 each accident. b. Comprehensive General Liability policy with a minimum combined single limit of $500,000 per occurrence for bodily injury or property damage. This policy shall include contractual and personal injury coverages. c. Automobile Liability in accordance with Michigan No-Fault Laws with a minimum combined single limit of $300,000 per occurrence for bodily injury and property damage. Coverage shall include owned, non-owned and hired automobiles. Insurance will be maintained with a well-rated insurance company licensed in the State of Michigan and acceptable to the Oakland County Risk Management Department. The contractor is responsible for all premiums, deductibles, co-payments, uncovered losses and losses in excess of valid coverages required to be maintained by the contractor. Certificates evidencing such insurance coverage and subsequent renewals must be presented to and approved by the County prior to any services under this contract. Evidence of renewal of expiring coverage must also be submitted to and approved by Oakland County prior to such expiration date. Page 6 of 8 Certificates must provide for thirty (30) day written notice to the certificate holder of cancellation of contractor's coverage. 13.06 Independent Contractor Provision. The relationship of the Shelter to the County shall be that of an independent contractor. No partnership, association, or joint enterprise shall arise between the parties hereto as a result of any provision of this contract nor shall any provision herein be construed as making an employee of the Shelter an agent or employee of the County. 13.07 Disputes. The Shelter shall notify the County in writing of its intent to pursue a claim against the County for breach of any terms of this contract. No suit may be commenced by the Shelter for breach of this contract prior to the expiration of ninety (90) days from the date of such notification. Within this ninety (90) day period, the Shelter, at the request of the County, must meet with an appointed representative of the County for the purpose of attempting to resolve the dispute. 13.08 Program Income. The receipt and expenditure of program income shall be recorded as part of the financial transactions of the ESG program. Program income received prior to grant closeout may be retained by the shelter and used for operation and maintenance items as specified in Attachment A of this contract. "Program income" means gross income received by the shelter directly generated from the use of ESG funds. 13.09 Reversion of assets. Upon expiration of this agreement, the shelter shall transfer to the County any ESG funds on hand at the time of expiration and any accounts receivable attributable to the use of ESG funds. Any real property under the shelter's control acquired or improved in whole or in part with ESG funds in excess of $25,000 must either: 1. Be used to meet the objectives of the ESG Program for five years after the expiration of the agreement; or 2. Be disposed of by the shelter in a manner resulting in the county being reimbursed in the amount of the current fair market value of the property less any portion attributable to the expenditures of non-ESG funds for acquisition of, or improvemements to, the property. Such reimbursement is not required after five years from the expiration of this agreement. Page 7 of 8 BY: POSITION: DATE: ATTEST: DATE: BY: POSITION: DATE: ATTEST: DATE: 64Z2Z Attachments 14.01 The following attachments are appended to this contract and are a part of this contract: 1. Attachment A - Cost Allocation Plan of the Shelter 2. Attachment B - Costs Allowable as Matching Funds 3. Attachment C - Shelter's Matching Funds Certification 4. Attachment D - "Oakland County Emergency Shelter Grant Program Matching Funds Report" IN WITNESS THEREOF, Baldwin Avenue Human Services Center and the County of Oakland have executed this contract as to the date first written above. COUNTY OF OAKLAND STATE OF MICHIGAN KJF(7/88) rev. 5/90, 2/5/91, 4/25/91, 5/8/91 BALDWIN C (12) Page 8 of 8 . 0 0 ATTACHMENT A ,OP).KLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM " r -L:1 'S COST ALLOCATION PLAN I. ESSENTIAL SERVICES I 61 ( a_Mr- , in accordance with Emergency Shelter Grant Program guidelines, will spend no more than 30 percent of its total grant on essential services. These include counseling, education, food, clothing, transportation for clients, and physical health expenses. TOTAL ALLOCATION FOR ESSENTIAL SERVICES: $ (2, II. OPERATION and MAINTENANCE Mcdc/.vff)n ()eft-4er will spend the remainder of its grant on operation and maintenance expenses. These include: cleaning supplies, wages of maintenance personnel, rent, repair of appliances or equipment, security, equipment rental, insurance, utilities, furnishings, office supplies, telephone bills, and mileage of shelter personnel on shelter business. TOTAL ALLOCATION FOR OPERATION AND MAINTENANCE: $ 66_5or,6() III. TOTAL GRAiii2 to '7,P)e)._ t.1-61 rz_1(2-f-- Arry,ixefr Zmergency Shelter Grant Program Costp Allowable at N,katching 7Undu 24 CFR 576.71 (a) and (b) (a) General. Each grantee must match the funding provided by HUD under this Part with an equal amount of funds from sources other than under this part. These funds must be provided after the date of the grant award to the grantee. Funds used to match a previous ESC grant may not be used to match a subsequent grant award under this part. A grantee may comply with this requirement by providing the supplemental funds itself, or through supplemental funds or voluntary efforts provided by any State recipient or nonprofit recipient (as appropriate). (b) Calculating the matching amount. In calculating the amount of matching funds, there may be included the value of any donated material or building; the value of any lease on a building; any salary paid to staff of the grantee or to any State recipient or nonprofit recipient (as appropriate) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5 per hour. For purposes of this paragraph (b), the grantee will determine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. ESG B SB/kjf 4/8/91 /0, 9/ DATE DATE ATTACHMENT C Oakland County Emergency Shelter Grant Program Subgrantee Shelter's Matching Funds Certification In accordance with federal regulations at 24 CFR 576.71 (a) and (b) (as specified j,n Attachme9t. B) and provisions of this contract, sections 4.01 and 4.02, Z-707741.//)7 Le2(n as the subgrantee shelter provider agrees to match all ESG funds received with an equal amount of supplemental (matching) funds. The subgrantee shelter provider further agrees to provide documentation of its matching funds each time it submits a reimbursement request as specified in section 4.02 of this contract. • SHELTER DIRECT R-1( ESG C(12) SB/kjf 4/8/91 rev. 6/4/91 SIGNATURE TYPED NAME & TITLE DATE D OAKLAND COUVTY EMERGIWCT SNIL1M2k GRA77 FFIOGRAN hATCHING 113=6 animus Att.lch supporting documentation for lines 6 a-e (example: time sheets, value computations, etc) to this report PLLAsr Palffr, OF, TYPE 1. Name of Shelter 2. Contact Person 3. Phone 4. Date of submission of bill 5. Amount of bills submitted with this report 6. Matching funds to be used to supplement submitted bills a. Value of donated material or building* b. Value of any lease on a building* c. Salary paid to staff of nonprofit recipient d. Time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5.00 per hour e. Total (line 6e must equal line 5) I certify that the information in this report is true and accurate to the best of my knowledge and that funds used to match this grant (amounts shown in 6a-e) have not been used to match any other Emergency Shelter Grant from Oakland County or any other jurisdiction. *Oakland County will determine the value of any donatd material or building, or any lease, using any method reasonably calculated to establish a fair market value. NOTE: THIS REPORT MUST BE SUBMITTED WITH EACH BILL. FAILURE TO COMPLETE THIS REPORT WILL RESULT IN WITHHOLDING OF YOUR REIMBURSEMENT. GENCY S CONTRACT BYTwEEN GRANT PROGRAM COUNTY OF OAKLAND AND PONTIAC AREA LIUnTROUSE, INC. (PONTIAC AREA TRANSITIONAL HOUSING) Preamble 1.01 This contract is made on the 1st day of July 1991 between Pontiac Area Lighthouse, Inc. (Pontiac Area Transitional Housing) hereinafter designated as the "Shelter," having its principal office at 109 Williams Street, P. O. Box 430425, Pontiac, Michigan 48343 and the County of Oakland, Office of Community Development, hereinafter designated as the "County," having its principal office at 1200 North Telegraph Road, Pontiac, Michigan, 48341-1043. 1.02 The effective dates of this contract shall be from July 1, 1991 to June 30, 1992, and any such period(s) as the Shelter and the County shall agree. Purpose 2.01 The purpose of this contract is to provide emergency shelter services to the homeless pursuant to and within the parameters of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77) as amended. Funds provided by the County under these acts will be subsequently referred to as "ESG Funds." 2.02 The program's primary objectives are: a) The provision of essential services to the homeless, including health, drug abuse, education or food. b) Maintenance and operation of homeless Shelters (but not salaries of operating staff); the provision of insurance, utilities and salary of shelter maintenance staff. c) The provision of furnishings for homeless shelter clients. Furnishings include beds, mattresses, blankets and other sleeping equipment, clothing and other similar expenses. Page 1 of 8 The total amount spent on category (a) may not exceed thirty percent of the total grant assistance available. 2.03 In consideration of mutual promises and covenants contained herein, the County and the Shelter agree as follows: Responsibilities of the Shelter/Reporting 3.01 The Shelter shall carry specific activities with ESG funds as listed above. (See Attachment A for Shelter's cost allocation plan.) 3.02 The Shelter shall submit Reimbursement Requests along with supporting documentation, work progress reports and financial reports on a monthly basis. 3.03 The Shelter shall provide an Evaluation Report to the County at the completion of the term of this contract. The report shall contain a census of clients served with counts of male, female, minority, senior and minor clients served and a statement of the effectiveness of Emergency Shelter Grant funds in providing services, supplies and shelter to the homeless. Responsibilities of the Shelter/Matching Funds 4.01 In accordance with Emergency Shelter Grant Program regulations at 24 CFR576.71(a) and (b), the grantee will match ESG funds received with an equal amount of supplemental funds subsequent to the ESG award. Attachment B denotes costs allowable as matching funds. The shelter will certify to the County that it will match all funds rarpivad with supplemental funds (see Attachment C for Shelter's Matching Funds Certification). 4.02 With each reimbursement submission, the shelter will provide the County with a report of costs incurred in accordance with Attachment B and applied against the matching funds requirement, using the "Oakland County ESG Program Matching Funds Report" (Attachment D). The report will provide back-up documentation for these incurred costs (cancelled checks, receipts, Page 2 of 8 etc.). Funds used to match a previous ESG award may not be used to match a subsequent grant award. The shelter may not use matching funds from any other ESG award to the shelter to match the Oakland County award. For example, funds used to match a State of Michigan ESG award may not be used to also match an Oakland County ESG award. Responsibilities of the Shelter/Accounting and Auditing 5.01 The shelter shall maintain its financial records such that Oakland County ESG funds are maintained in a separate account distinct from all other asset accounts. The shelter will not, for example, place Oakland County ESG funds with other grants under the single account title "federal grants". The shelter's bookkeeping method will ensure that a clear record of receipt and expenditure of Oakland County ESG funds is kept, distinct from all other grants and the shelter's other sources of income. 5.02 The shelter shall follow the provisions of Office of Management and Budget (OMB) Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Organizations." By signing this contract, the shelter certifies that it has received a copy of OMB circular A-133 from the County. The Shelter will allow County audits in connection with the performance and administration of this contract. Responsibilities of the Shelter/Reporting 6.01 The Shelter shall comply with any additional reporting requirements to be specified by the County. Responsibilities of the Shelter/Compliance 7.01 The Shelter shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. • Page 3 of 8 Responsibilities of the County 8.01 The County shall, in consideration of services rendered to the homeless by the Shelter, pay the Shelter a total sum not to exceed $9,500.00. 8.02 The County shall reimburse the Shelter upon receipt of a Reimbursement Request from the Shelter as specified in Section 3.02. 8.03 The County through reimbursement to the Shelter will cover all items in cost categories listed in Section 3.01. (See Attachment A for Shelter's specific Cost Allocation Plan.) Prohibition of Discrimination 9.01 The parties shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status pursuant to 1976 P.A. 453, Section 209. The parties shall also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 P.A. 220 and the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 394, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The parties shall comply with all other federal, state or local laws, regulations, and standards, and any amendments thereto as they may apply to the performance of this contract. 9.02 No person shall, on the grounds of race, creed, color, sex, age, national origin, height, weight, handicap, or marital status be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this contract. The Shelter shall comply with all applicable regulations promulgated pursuant to the Civil Rights Act of 1964. Page 4 of 8 Prohibition of Political Activity 10.01 None of the funds, materials, property or services contributed by the County to the Shelter under this contract shall be used in the performance of this contract for any partisan political activity, or to further the election or defeat of any candidate for public office. Prohibition of Religious Activity 11.01 There shall be no religious worship, instruction or proselytization as part of, or in connection with the performance of this contract. Assurance of Drug and Alcohol Free Facilities 12.01 The Shelter will administer, in good faith, a policy designed to ensure that the Shelter is free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. General Provisions 13.01 Merger or Integration. This contract constitutes the entire contract between the County and the Shelter with respect to the subject matter hereof and there are no other or further written or oral understandings or agreements with respect hereto. 13.02 Assignment or Delegation. No assignment or delegation of this contract may be made, in whole or in part, without the written consent of the County being first obtained. 13.03 Termination. Either party may at any time during the life of this contract or any extension thereof terminate this contract by giving thirty (30) days notice. Notices to the Shelter shall be addressed to it at 109 Williams Street, P. O. Box 430425, Pontiac, Michigan 48343, and notices to the County shall be addressed to it c/o the Office of Community Development, Executive Office Building, Room 112, 1200 North Telegraph Road, Pontiac, Michigan 48341-1043. Page 5 of 8 13.04 Indemnification. a) The Shelter shall indemnify, defend and hold harmless the County, its employees, officials, volunteers, boards, commissions and agents against any and all expense and liability arising from any act, omission or negligence of the Shelter. b) In the event the Shelter becomes involved in or is threatened with litigation relative to this contract and project, the Shelter shall immediately notify the County and the County may enter into such litigation to protect the interests of the County as they may appear. 13.05 Insurance. The Shelter shall maintain during the term of this contract and any extensions thereof, the following insurance: a. Workers' Compensation which meets Michigan statutory requirements and Employer's Liability with a minimum limit of $100,000 each accident. b. Comprehensive General Liability policy with a minimum combined single limit of $500,000 per occurrence for bodily injury or property damage. This policy shall include contractual and personal injury coverages. c. Automobile Liability in accordance with Michigan No-Fault Laws with a minimum combined single limit of $300,000 per occurrence for bodily injury and property damage. Coverage shall include owned, non-owned and hired automobiles. Insurance will be maintained with a well-rated insurance company licensed in the State of Michigan and acceptable to the Oakland County Risk Management Department. The contractor is responsible for all premiums, deductibles, co-payments, uncovered losses and losses in excess of valid coverages required to be maintained by the contractor. Certificates evidencing such insurance coverage and subsequent renewals must be presented to and approVed,by the County prior to any services under this contract. Evidence of renewal of expiring coverage must also be submitted to and approved by Oakland County prior to such expiration date. Page 6 of 8 Certificates must provide for thirty (30) day written notice to the certificate holder of cancellation of contractor's coverage. 13.06 Independent Contractor Provision. The relationship of the Shelter to the County shall be that of an independent contractor. No partnership, association, or joint enterprise shall arise between the parties hereto as a result of any provision of this contract nor shall any provision herein be construed as making an employee of the Shelter an agent or employee of the County. 13.07 Disputes. The Shelter shall notify the County in writing of its intent to pursue a claim against the County for breach of any terms of this contract. No suit may be commenced by the Shelter for breach of this contract prior to the expiration of ninety (90) days from the date of such notification. Within this ninety (90) day period, the Shelter, at the request of the of the County for the 13.08 County, must meet with an appointed representative purpose of attempting to resolve the dispute. Program Income. The receipt and expenditure recorded as part of the financial transactions income received prior to grant closeout may be of program income shall be of the ESG program. Program retained by the shelter and used for operation and maintenance items as specified in Attachment A of this contract. "Program income" means gross income received by the shelter directly generated from the use of ESG funds. 13.09 Reversion of assets. Upon expiration of this agreement, the shelter shall transfer to the County any ESG funds on hand at the time of expiration and any accounts receivable attributable to the use of ESG funds. Any real property under the shelter's control acquired or improved in whole or in part with ESG funds in excess of $25,000 must either: 1. Be used to meet the objectives of the ESG Program for five years after the expiration of the agreement; or Page 7 of 8 BY: POSITION: DATE: ATTEST: DATE: BY: POSITION: DATE: ATTEST: DATE: • / 2. Be disposed of by the shelter in a manner resulting in the county being reimbursed in the amount of the current fair market value of the property less any portion attributable to the expenditures of non-ESG funds for acquisition of, or improvemements to, the property. Such reimbursement is not required after five years from the expiration of this agreement. Attachments 14.01 The following attachments are appended to this contract and are a part of this contract: 1. Attachment A - Cost Allocation Plan of the Shelter 2. Attachment B - Costs Allowable as Matching Funds 3. Attachment C - Shelter's Matching Funds Certification 4. Attachment D - "Oakland County Emergency Shelter Grant Program Matching Funds Report" IN WITNESS THEREOF, Pontiac Area Lighthouse (Pontiac Area Transitional Housing) and the County of Oakland have executed this contract as to the date first written above. COUNTY OF OAKLAND STATE OF MICHIGAN KJF(7/88) rev. 5/90, 2/5/91, 4/25/91, 5/8/91 PATH C (12) Page 8 of 8 ATTACHMENT A OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM • ,I -7,; . s • / /-•", S COST ALLOCATION PLAN I. ESSENTUL SERVICES R'lrficq67/7 : 7i7,5t4 *col, in accordance with Emergency Shelter Grant Peogram guidelines, will spend no more than 30 percent of its total grant on essential services. These include counseling, education, food, clothing, transportation for clients, and physical health expenses. TOTAL ALLOCATION FOR ESSENTIAL SERVICES: $ II. OPERATION and MAINTENANCE ie71-7/67e /life) raiv, Art e 1 iit/11' I will spend the remainder of its grant on operation and maintenance expenses. These include: cleaning supplies, wages of maintenance personnel, rent, repair of appliances or equipment, security, equipment rental, insurance, utilities, furnishings, office supplies, telephone bills, and mileage of shelter personnel on shelter business. TOTAL ALLOCATION FOR OPERATION AND MAINTENANCE: III. TOTAL GRANT to Per7f/fere /6int-r or) Emergency Shelter Grant Program Costs Allowable to Fatching Funds 24 Crt 576.71 (a) and (b) (a) General. Each grantee must match the funding provided by HUD under this Part with an equal amount of funds from sources other than under this part. These funds must be provided after the date of the grant award to the grantee. Funds used to match a previous ESG grant may not be used to match a subsequent grant award under this part. A grantee may comply with this requirement by providing the supplemental funds itself, or through supplemental funds or voluntary efforts provided by any State recipient or nonprofit recipient (as appropriate). (b) Calculating the mat-. • amount. In calculating the amount of matching funds, there may be included the value of any donated material or building; the value of any lease on a building; any salary paid to staff of the grantee or to any State recipient or nonprofit recipient (as appropriate) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry out the emargency shelter program, determined at the rate of $5 per hour. For purpose of this paragraph (b), the grantee will determine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. ESG B SB/kif 4/8/91 (In (E) C( D.TE SHELTER DIRECT 7//9// DATE ATTACHMENT C Oakland County Emergency Shelter Grant Program Subgrantee Shelter's Matching Funds Certification In accordance with federal regulations at 24 CFR 576.71 (a) and (b) (as specifie47 in Attachment B) and provisions of this contract, sections 4.01 and 4.02, fe,1117 - /97 ?'el h;#11/ fft,".0t2 as the subgrantee shelter provider agrees to match all ESG funds receiv'ea with an equal amount of supplemental (matching) funds. The subgrantee shelter provider further agrees to provide documentation of its matching funds each time it submits a reimbursement request as specified in section 4.02 of this contract. ESG C(12) SB/kjf 4/8/91 rev. 6/4/91 DATE TYPED NAME. & TITLE SIGNATURE NOTE: THIS REPORT MUST BE SUBMITTED WITH EACH BILL. FAIL TO COMPLETE THIS REPORT - COUNTY EMERGENCY SKEWER GitAV.V P10..A.:LA MATCHING FUNDS REPORT Attach supporting documentation for lines 6 a-e (example: tim:s Wiens, value computations, etc) to this report PLEASE PRINT OR TYPE 1. Name of Shelter 2. Contact Person 3. Phone 4. Date of submission of bill 5. Amount of bills submitted with this report 6. Matching funds to be used to supplement submitted bills a. Value of donated material or building* b. Value of any lease on a building* c. Salary paid to staff of nonprofit recipient d. Time and services contributed by volunteers to carry out the emergency shelter program, determined at the rate of $5.00 per hour e. Total (line 6e must equal line 5) I certify that the information in this report is true and accurate to the best of my knowledge and that funds used to match this grant (amounts shown in 6a-e) have not been used to match any other Emergency Shelter Grant from Oakland County or any other jurisdiction. *Oakland County will determine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. WILL RESULT IN WITHHOLDING OF YOUR REIMBUR BEMENT Resolution # #91113 May 23, 1991 Moved by Johnson supported by Millard the resolution be adopted. AYES: Olsen, Palmer, Pappageorge, Pernick, Price, Rewold, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, McPherson, Millard, Moffitt; Oaks. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. . STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakl and County .Board of Commissioners on U,Y 2). i9?i with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 23rd . day of—) May ,i.., 1991 ,f,_./ (..,,,t.,,,_ ,- Lynni0. Allen, County Clerk