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HomeMy WebLinkAboutResolutions - 1995.08.17 - 24365MISCELLANEOUS RESOLUTION 195222 August 17, 1995 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: COMMUNITY DEVELOPMENT DIVISION--1995 EMERGENCY SHELTER GRANT (ESG) PROGRAM--CONTRACTS WITH SOUTH OAKLAND SHELTER (SOS), HELP AGAINST VIOLENT ENCOUNTERS NOW (HAVEN), LIGHTHOUSE OF OAKLAND COUNTY (PATH PROJECT), THE SANCTUARY (A STEP FORWARD PROJECT), AND NEW BETHEL OUTREACH MINISTRY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS homelessness is a serious national, state, and local problem; and WHEREAS the Congress of the United States, recognizing this problem, passed the Stewart B. McKinney Homeless Assistance Act in 1987, and subsequent amendments; and WHEREAS the U.S. Department of Housing and Urban Development (HUD), on April 28, 1995, awarded Oakland County an Emergency Shelter Grant formula allocation of $160,000 for the 1995 program year, to be allocated within 180 days of receipt, and WHEREAS the receipt of ESG funds allows the County to contract with subrecipient homeless shelters to reimburse them for the overnight shelter, food, furnishings, and transportation services they provide to homeless clients, as well as the shelters' office and administrative expenses; and WHEREAS five shelters in Oakland County have applied for 1995 ESG funds: South Oakland Shelter (SOS), Help Against Violent Encounters Now (HAVEN), Lighthouse of Oakland County (PATH project), The Sanctuary, Inc. (A Step Forward project), and New Bethel Outreach Ministry; and WHEREAS each of these shelters have demonstrated needs for funding; and WHEREAS the County wishes to enter into contracts with each of the five shelters to provide them with 1995 ESG funds in the following amounts: South Oakland Shelter ($91,432), Help Against Violent Encounters Now ($17,142), Lighthouse of Oakland County (PATH project) ($17,142), The Sanctuary, Inc. (A Step Forward project) ($17,142), and New Bethel Outreach Ministry ($17,142) [see attached contracts); and WHEREAS the Oakland County Citizens Advisory Council for Community Development has approved the above funding amounts; and WHEREAS the contracts have been reviewed and approved as to form by the Office of Corporation Counsel, the Personnel Department, the Department of Management and Budget, and Risk Management in accordance with the County Executive's contract review procedure. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners be authorized to execute the agreements with each of the above-mentioned homeless shelters in the combined sum of $160,000. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND SOUTH OAKLAND SHELTER PREAMBLE ,1.01 This contract /s made on the first day of July, 1995, between South Oakland Shelter, hereinafter designated as the Shelter, having its principal office at 431 North Main Street. Royal Oak, Michigan 48067 and the County of Oakland, Division of Community Development, hereinafter designated as the County, having its principal office at Executive Office Building, Room 112, 1200 North Telegraph Road, Pontiac, Michigan, 48341-0414. 1.02 The effective dates of this contract shall be from July 1, /995 to June 30, 1996, and any such additional periods to which the County shall agree. PURPOSE 2.01 The purpose of this contract is to provide reimbursements to homeless shelters for expenses incurred while sheltering and assisting homeless persons within the parameters of the Stewart B. McKinney Homeless Assistance Act (PL 100-77), and as amended. Funds provided by the County under this legislation shall be subsequently referred to as ESG funds. The Oakland County Emergency Shelter Grant Program's primary objectives are: (A) The provision of essential services to the homeless , including medical assistance, counseling, drug abuse prevention services, and food (not to exceed 30 percent of this contract); (B) Maintenance and operation of homeless shelters, including the payment of insurance, rent. cleaning fees. security services, office and shelter supplies, and purchase of equipment within the parameters of federal guidelines: and (C) The 'payment of shelter staff costs for operations (i.e.. wages of sheiter staff on shelter business). This is limited to 10 percent of this contract. 2 93 In consideration of the mutual covenants and promises contained herein, the County and the Shelter agree as follows: RESPONSIBILITIES OF THE SHELTER 301 The Shelter shall carry out specific activities with ESG funds within the parameters listed in sections 2.01 and 2.02. The Shelter shall provide a funding allocation pat) as Attachment A of this contract. which plan is incorporated by reference in this contract. 302 The Shelter shall submit reimbursement requests which contain a cover letter specifying the amount and items for which reimbursement is requested. copies of the bills for each item, and copies of the cancelled checks with whicn each item was paid. Each reimbursement request shall be accompanied by a Matching FLHICS Report (see Attachment B) and matching funds documentation, such as volunteer time sheets at least equal in value to the amount of reimbursement requested. See Attachment C for the deffrution of matching funds in the Emergency Shelter Grant Program. 2.02 3.03 The Shelter shall provide the County with demographic information regarding shelter clients or other Shelter information pertinent to this Contract at the request of the County. 3.04 The Shelter shall maintain its financial records such that Oakland County ESG funds are separated from other grant accounts and a clear record of expense and expenditure is available. 11). The shelter shall follow the provisions of US Office of Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Organizations. The shelter certifies that it has received a copy of this Circular by signing this contract. 3.06 in compliance with Office of Management and Budget (OMB) Circular A-122, Cost Principles for Nonprofit Organizations, the Shelter shall secure prior approval from the County for the purchase of any equipment or furnishings, to be purchased with Oakland County ESG funds, having a useful life of more than two years and an acquisition cost of $500 or more per unit. 3,07 The Shelter shall allow the County and the US Department of Housing and Urban Development to conduct audits and/or program monitoring in connection with the performance and administration of this contract. 3.08 The Shelter shall comply with all applicable laws, ordinances, codes. and regulations of the federal, state. and local Governments. RESPONSIBILITIES OF THE COUNTY 4.01 The County snail pay the shelter a sum not to exceed $91,432 as a reimbursement for allowable expenses under the Emergency Shelter Grant Program. The County shaft only reimburse the Shelter for categories of items allowable under the Oakland County Emergency Sheller Grant Program and listed in the Shelter's funding ailocation plan. The County will reimburse the Shelter only upon receipt of a request in the form specified in section 3.02 of this contract. PROHIBITION OF DISCRIMINATION 5.01 Neither party shall discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment because of race. color, sex. height. weight, family status, or marital status in accordance with state or federal law. 5._02 The parties shall comply with the Michigan Handicappers Civil Rights Act (1976 PA 220) and the Federal Rehabilitation Act of 1973, which states that no person, by reason of handicap, will be excluded from. denied the benefits of. or be subject to discrimination under any activity or program receiving federal financial assistance 5 03 No person shall.. on the grounds of race, creed, color, sex. age. national origin, height. weight, handicap, family status, or marital status be excluded from participation in. denied the proceeds cf. or subject to discrimination in the performance of this contract. in accordance with state and federal law. PROHIBITION OF POLITICAL ACTIVITY 6.01 None of the funds, materials, property, or services contributed by the County to the Shelter under this contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. PROHIBITION OF RELIGIOUS ACTIVITY 7.01 There shall be no religious worship, instruction, or proSelytization as part of, or in connection with, the performance of this contract. DRUG- AND ALCOHOL-FREE FACILITIES t1.01 The Shelter shall administer, in good faith, a policy designed to ensure that the Shelter is free from the illegal use, possession. or distribution of drugs and/or alcohol by its beneficiaries. $__Q2 The Shelter, in compliance with the Drug-Free Workplace Act, will prominently post a drug-free workplace policy statement identical. or substantially equivalent, to the model statement included as Attachment E of th,s contract INVOLVEMENT OF HOMELESS BENEFICIARIES IN SHELTER OPERATIONS 9.01 The Shelter shal'. to the maximum extent practicable. involve homeless beneficiaries in constructing, renovating. maintaining, and operating the Shelter and in providing services for Shelter occupants. TERMINATION OF ASSISTANCE 10.01 The Shelter shall have a formal, written procedure in place for termination of assistance to homeless clients due to violation of Shelter rules. GENERAL CONTRACT PROVISIONS 11,01 This contract constitutes the entire agreement between the County and the Shelter with regards to the Emergency Shelter Grant Program. program year 1995 funds, and there are no further agreements. oral or written. with respect hereto 11.02 No assignment or delegation of this contract shall be made. in whole or part, without the written consent of the County being first obtained. 11 03 Either party may, at any time during the life of this contract or any extension thereof. terminate the contract by giving thirty days' written notice. Notices to the Shelter shall be addressed to 431 North Main Street, Royal Oak, Michigan 48087 and notices to the County will be addressed to the Community Development Division. EOB Rccrn 112. 1200 North Telegraph Road, Pontiac. Ml 48341-0414_ 11 04 The Shelter shad inde7nify, defend, and hold harmless the County. its officials, volunteers, boards. commissions, and agents against any and all expense and liability arising from any act, orrasson. or negligence of the Shelter, • • 11 .D_5 In the event the Shelter eecomes 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. 11.06 The Shelter shall maintain, during the life of this contract, and any extension thereof, the following insurance coverage: (A) Worker's Compensation meeting Michigan statutory requirements and Employer's Liability with a minimum limit of $100,000 each accident; (B) A 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 coverage. (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 Oakland County Risk Management. The contractor is responsible for ail premiums, deductibles, co-oayments. uncovered losses, and losses in excess of valid coverages required to be maintained by the contractor. 11.07 Certificates evidencing the required 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 day written notice to the certificate holder of cancellation of contractor's coverage. 11.08 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. 11.0 The Shelter shall notify the County, in writing, of its intent to pursue a claim against the County for breach of any of the terms of this contract. No suit May be commenced by the Shelter for breach of this contract prior to the expiration of ninety days from the date ot such notification. Within this ninety-day period. the Shelter, at the request of the County. must meet with an appointed representative of the County for purposes of attempting to resolve the dispute. ATTACHMENTS 12.01 The following attachments are appended 10, and incorporated within, this contract: Attachment A--Shelter's Funding Allocation Plan Attachment 13—Matching Funds Report Attachment C--Definition of Matching Funds Attachment D--Shelter s Matching Funds Certification Attachment E--Model Drug-Free Workplace Policy Statement IN WITNESS THEREOF, the Shelter and the County have executed this contract as of the date first written above. SOUTH OAKLAND SHELTER COUNTY OF OAKLAND BY: BY: Title: Title: COUNTY EXECUTIVE Date: Date: Attest: Attest: Date: Date: ATTACHMENT A 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM ALLOCATION PLAN ESSENTIAL SERVICES , in accordance with Emergency Shelter Grant guidelines, will spend no more than 30 percent of its total grant on essential services. These include, but are not limited to, counseling, education, food, medical supplies, and transportation. TOTAL ALLOCATION FOR ESSENTIAL SERVICES OPERATIONS AND MAINTENANCE can spend up to 100 percent of its grant on this expense category, which includes, but is not limited to, insurance, utilities, cleaning expenses, telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE ADMINISTRATION may spend up to 10 percent of its grant on administrative expenses (salary of shelter staff). TOTAL ALLOCATION FOR ADMINISTRATION TOTAL GRANT TO BY: POSITION: DATE: ATTEST: DATE: ATTACHMENT B OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS REPORT ATTACH SUPPORTING DOCUMENTATION FOR LINES 6a-e (TIME SHEETS, VALUE COMPUTATIONS, ETC.) TO THIS REPORT • 1. Name of Shelter 2. Contact Person 3. Telephone 4. Date of Reimbursement Request 5. Amount of Reimbursement Request s_ 6. Matching funds to be used for this Reimbursement Request. A. Volunteer Time (calculate at $5.00/hour) B. Salary paid to staff of shelter (do not use salary reimbursed through ESG as match) C. Value of donated material/ building' D. Value of building lease E. Total match (must equal or exceed 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 on lines 6a-e) have not been used to match any other Emergency Shelter Grant from Oakland County or any other jurisdiction. Signature Title Date 'Oakland County will determine the value at any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. The shelter, by submitting this report. agrees that Oakland County's calculation of value of items in lines 6c and 6d shall be final. THIS REPORT MUST BE SUBMITTED WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED, IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY. ATTACHMENT C EXPLANATION OF MATCHING FUNDS FROM EMERGENCY SHELTER GRANT REGULATIONS AT 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 pa/. 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 non profit 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. *NOTE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as a match. For instance, if you request reimbursement for Jane Doe's salary for the month of July. 1994. you may not also use her salary for July,1994 as a match. ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS CERTIFICATION In accordance with federal regulations at 24 CFR 576.71 (a) and (b) and the provisions of this contract, as the subgrantee shelter provider agrees to match all ESG funds received with an equal amount of matching funds. The shelter also agrees to provide documentation of its matching funds each time it submits a reimbursement request to the county as specified in this contract. Shelter Director Date Attest Date ATTACHMENT E OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MODEL DRUG-FREE WORKPLACE POLICY STATEMENT The federal Drug-Free Workplace Act of 1988 imposes certain requirements on and its employees as recipients of federal grant funds. supports the purpose and goals of the act and by this policy, announces its intention to comply with this act and make continuing "good faith" efforts to provide a drug-free workplace. Therefore, it is the policy of that any unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of must abide by the terms of this policy and must notify their manager of any criminal drug statute conviction no later than five days after such conviction. Employees violating this policy are subject to appropriate personnel/disciplinary action, up to and including termination, and/or other remedial measures as the individual circumstances warrant, is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND HELP AGAINST VIOLENT ENCOUNTERS NOW (HAVEN) PREAMBLE 1,01 This contract is made on the first day of July. 1995. 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, Division of Community Development, hereinafter designated as the County. having its principal office at Executive Office Building. Room 112, 1200 North Telegraph Road. Pontiac, Michigan. 48341-0414. 1.02 The effective dates al this contract shall be from July 1, 1995 to June 30, 1996. and any such additional periods to which the County shall agree. PURPOSE 2.01 The purpose of this contract is to provide reimbursements to homeless shelters for expenses incurred while sheltering and assisting homeless Persons within the parameters of the Stewart B. McKinney Homeless Assistance Act (PL 100-77), and as amended. Funds provided by the County under this legislation shall be subsequently referred to as ESG funds. 20 Tne Oakland County Emergency Shelter Grant Program's primary ob)ectives are: (A) The provision of essential services to the homeless, including medical assistance, counseling, drug abuse prevention services, and food (not to exceed 30 percent of this contract): (B) Maintenance and operation of homeless shelters, including the payment of insurance, rent, cfeanieg tees. security services, office and shelter Supplies, and purchase of equipment within the parameters of federal guidelines; and IC) The payment of shelter staff costs for operations (i.e., wages of shelter staff on shelter business). This is limited to 10 percent of this contract. 2.03 In consideration of the mutual covenants and promises contained herein. the County and the Shelter agree as follows: RESPONSIBILITIES OF THE SHELTER 3.01 . The Shelter shall carry out specific activities with ESG funds within the parameters listed in sections 2.0', and 2.02. The Shelter shall provide a funding a:location plan as Attachment A of this contract. which plan is incorporated by reference in this contract. 3.02 The Shelter sriall submit reimbursement requests which contain a cover letter specifying the amount and items for which reimbursement is requested, copies of the bills for each item, and copies of the cancelled checxs with which each item was paid. Each reimbursement request shall be accompanied by a Matching Funds Report (see Attachment 9) and matching funds documentation, such as volunteer time sneets, at least equai in va:ue to the amount of reimbursement requested. See Attachment C for the definition of matching 'unds in the Emergency Shelter Grant Program. 3.03 The Shelter shall provde Inc County with demographic information regarding shelter clients or other Shelter information pertinent to this Contract at the request of the County. 3.04 The Shelter shall maintain its financial records such that Oakland County ESG funds are separated from other grant accounts and a clear record of expense and expenditure is available. 3.05 The shelter shall follow the provisions of US Office of Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Organizations. The shelter certifies that it has received a copy of this Circular by signing this contract. 3.06 In compliance with Office of Management and Budget (OMB) Circular A-122, Cost Principles for Nonprofit Organizations, the Shelter shall secure prior approval from the County for the purchase of any equipment or furnishings, to be purchased with Oakland County ESG funds, having a useful life of more than two years and an acquis:tion cost of $500 or more per unit. 3.07 The Shelter shail allow the County and the US Department of Housing and Urban Development to conduct audits and/or program monitoring in connection with the performance and administration of this contract. 3.08 The Shelter shall comply with all applicable laws, ordinances. codes. and regulations of the federal, state. and local Governments. RESPONSIBILITIES OF THE COUNTY 4 01 The County shall pay the shelter a sum not to exceed $17.142 as a reirnoursement for allowable expenses under the Emergency Sheiter Grant Program. The County shall only reimburse the Shelter for categories of items allowable under the Oakland County Emergency Shelter Grant Program and listed in the Shelter's funding allocation plan. The County will reimburse the Shelter only upon receipt of a request in the form specified in section 3.02 of this contract. PROHIBITION OF DISCRIMINATION 5.01 Neither party shall discriminate against any employee or applicant for emoloyment with respect to hire, tenure, terms, conditions. or privileges of employment becabse of race. color, sex, height. weight, family status. or marital status in accordance with state or federal law. 5.02 The parties shall comply with the Michigan Handicappers Civil Rights Act (1976 PA 220) and the Federal Rehabilitation Act of 1973. which states that no person, by reason of handicap, will be excluded from. denied the benefits of, or be subject to discrimination under any activity or program receiving federal financial assistance 5.03 No person slam. on the grounds of race, creed, color, sex, age, national origin, height. weight, handicap. family status, or marital status be excluded from participation in, denied the proceeds of. or subject to discrimination in the performance of this contract, in accordance with state and federal law PROHIBITION OF POLITICAL ACTIVITY 6-01 None of the funds. materials. property, or services contributed by the County to the Shelter under this contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. PROHIBITION OF RELIGIOUS ACTIVITY 7.01 There shall be no religious worship, instruction, or oroselytization as part of, or in connection with, the performance of this contract. DRUG - AND ALCOHOL -FREE FACILITIES 8.01 The Shelter shall administer, in good faith, a policy designed to ensure that the Shelter is tree from the illegal use. possession, or distribution of drugs and/or alcohol by its beneficiaries. 8.0Z The Shelter, in compliance with the Drug-Free Workplace Act. will prominently post a drug-free workplace policy statement identical, or substantially equivalent. to the model statement included as Attachment E of this contract. INVOLVEMENT OF HOMELESS BENEFICIARIES IN SHELTER OPERATIONS 9.01 The Shelter shall, to the maximum extent practicable, involve homeless beneficiaries in constructing, renovating. maintaining, and operating the Shelter and in providing services for Shelter occupants, TERMINATION OF ASSISTANCE 10.01 The Shelter snall have a formal, written procedure in place for termatiorr of assistance to homeless clients due to violation of Shelter rules. GENERAL CONTRACT PROVISIONS J 1.01 This contract constitutes the entire agreement between the County and the Shelter with regards to the Emergency Shelter Grant Program, program year 1995 funds, and there are no further agreements, oral or written, with respect hereto. 11.02 No assignment or delegation of this contract shall be made, in whole or part, without the written consent of the County being first obtained. 1 03 Either party may, at any time during the life of this contract or any extension thereof, terminate the contract by giving thirty days' written notice. Notices to the Shelter shall be addressed to 92 Whittemore Street. Pontiac, Michigan 48342 and notices to the County will be addressed to the Community Development Division EOB Room 112, 1200 Nortr Telegraph Road. Pontiac. MI 48341-0414. 11.04 The Shelter shall indemnify. defend. and hold harmless the County. its officials volunteers, boards. commissions, and agents against any and all expense and liability arising from any act. omission. or negigence of the Shelter. 11,05 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. 11.06 The Shelter shall maintain, during the life of this contract, and any extension thereof, the following insurance coverage: (A) Worker's Compensation meeting Michigan statutory requirements and Employer's Liability with a minimum limit of $100,000 each accident: (B) A 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 coverage. (C) Automobile Liability in accordance with Michigan no-fault laws with a minimum combined single limit of $300,000 per cccurrence 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 Oakland County Risk Management. The contractor is responsible for ail premiums, deductibles, co-payments, uncovered losses, and losses in excess of valid coverages required to be maintained by the contractor. 11.07 Certificates evidencing the required 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 day written notice to the certificate holder of cancellation of contractor's coverage. 11.08 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. 11.09 The Shelter shall notify tne County, in writing, of its intent to pursue a claim against the County for breach of any of the terms of this contract. No suit may be commenced by the Shelter for breach of this contract prior to the expiration of ninety days from the date of such notification. Within this ninety-day period. the Shelter, at the request of the County. must meet with an appointed representative of the County for purposes of attempting to resolve the dispute ATTACHMENTS 1101 The following attachments are appended tc, and incorporated within, this contract: Attachment A--Shelters Funding Allocation Plan Attachment B--Matching Funds Report Attachment Ca-Definition of Matching Funds Attachment 0--Shelters Matching Funds Certification Attachment E--Model Drug-Free Workplace Policy Statement IN WITNESS THEREOF, the Shelter and the County have executed this contract as of the date first written above. HELP AGAINST VIOLENT ENCOUNTERS NOW COUNTY OF OAKLAND (HAVEN) BY: BY: Title: Title: COUNTY EXECUTIVE Date: Date: Attest: Attest: Date: Date: ATTACHMENT A 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM ALLOCATION PLAN ESSENTIAL SERVICES , in accordance with Emergency Shelter Grant guidelines, will spend no more than 30 percent of its total grant on essential services. These include, but are not limited to, counseling, education, food, medical supplies, and transportation. TOTAL ALLOCATION FOR ESSENTIAL SERVICES OPERATIONS AND MAINTENANCE can spend up to 100 percent of its grant on this expense category, which includes, but is not limited to, insurance, utilities, cleaning expenses, telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE ADMINISTRATION may spend up to 10 percent of its grant on administrative expenses (salary of shelter staff). TOTAL ALLOCATION FOR ADMINISTRATION TOTAL GRANT TO BY, POSITION: DATE: ATTEST: DATE- ATTACHMENT B OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS REPORT ATTACH SUPPORTING DOCUMENTATION FOR LINES 6a-e (TIME SHEETS, VALUE COMPUTATIONS, ETC.) TO THIS REPORT 1. Name of Shelter 2. Contact Person 3. Telephone 4. Date of Reimbursement Request 5. Amount of Reimbursement Request 6. Matching funds to be used for this Reimbursement Request: A. Volunteer Time (calculate at $5 COP-iour) B. Salary paid to staff of shelter (do not use salary reimbursed through ESG as match) C Value of donated material/ building• D. Value of building lease' E. Total match (must equal or exceed 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 on lines 6a-e) have not been used to match any other Emergency Shelter Grant from Oakland County or any other jurisdiction. Signature Title Date 'Oakland County w!II determine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value The shelter, by submitting this report, agrees that Oakland County's ca:culation of value of items in lines 6c and 6d shall be final. THIS REPORT MUST BE SUBMITTED WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED, IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY. ATTACHMENT C EXPLANATION OF MATCHING FUNDS FROM EMERGENCY SHELTER GRANT REGULATIONS AT 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 non profit 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. 1\10TE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as a match. For instance, if you request reimbursement for Jane Doe's salary for the month of July. 1994, you may not also use her salary for July,1994 as a match. ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS CERTIFICATION In accordance with federal regulations at 24 CFR 576.71 (a) and (b) and the provisions of this contract, as the subgrantee shelter provider agrees to match all ESG funds received with an equal amount of matching funds. The shelter also agrees to provide documentation of its matching funds each time it submits a reimbursement request to the county as specified in this contract. Shelter Director Date Attest Date ATTACHMENT E OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MODEL DRUG-FREE WORKPLACE POLICY STATEMENT The federal Drug-Free Workplace Act of 1988 imposes certain requirements on and its employees as recipients of federal grant funds. supports the purpose and goals of the act and by this policy, announces its intention to comply with this act and make continuing "good faith" efforts to provide a drug-free workplace. Therefore, it is the policy of that any unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of must abide by the terms of this policy and must notify their manager of any criminal drug statute conviction no later than five days after such conviction. Employees violating this policy are subject to appropriate personnel/disciplinary action, up to and including termination, and/or other remedial measures as the individual circumstances warrant. is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND LIGHTHOUSE OF OAKLAND COUNTY (PATH PROJECT) PREAMBLE 1 ,01 This contract is made on the first day of July, 1995, between Lighthouse of Oakland County (PATH project). hereinafter desgnated as the Shelter. having its principal office at 196 Orchard Lake Road, P.O. Box 430508. Pcntiac, Michigan 48343-0508 and the County of Oakland. Division of Community Development, hereinafter designated as the County. having its principal office at Executive Office Building, Room 112, 1200 North Telegraph Road, Pontiac, Michigan, 48341-0414. 1.02 The effective dates of this contract shall be from July 1. 1995 to June 30, 1996. and any such additional periods to which the County shall agree. PURPOSE 2.01 The purpose of this contract ;s to provide reimcursements to homeless shelters for expenses incurred while sheltering and assisting homeless persons within the parameters of the Stewart B. McKinney Homeless Assistance Act (PL 100-77). and as amended. Funds provided by the County under this legislation shall be subsequently referred to as ESG funds. 2.Q2 The Oakland County Emergency Shelter Grant Program's primary objectives are: (A) The provision of essential services to the homeless , including medical assistance, counseling, drug abuse prevention services, and food (not to exceed 30 percent of this contract). ID) Maintenance and operation of homeless shelters, including the payment of insurance, rent. cleaning fees, security services, office and shelter supplies, and purchase of equipment within the parameters of federal guidetines: and (C) The payment of shelter staff costs for operations (i.e., wages of shelter staff on shelter business). This is limited to 10 percent of this contract. 2.03 In consideration of the mutual covenants and promises contained herein, the County and the Shelter agree as follows: RESPONSIBILITIES OF THE SHELTER 3.021 The Shelter shall carry out specific activities with ESG funds within the parameters listed in sections 2.01 and 2.02, The Shelter shall provide a funding allocation plan as Attachment A of this contract, which plan is incorporated oy reference in this contract. 3-.02 The Shelter shall submit reimbursement requests which contain a cover letter specifying the amount and items for which reimbursement is requested. copies of the bills for each item, and copies of the cancelled checks with which each item was paid. Each reimbursement request shall be accompanied by a Matching Funds Report (see Attachment B) and matching funds documentaton, such as volunteer time sheets. at least equal in value to the amount of reimbursement requested. See Attachment C for the definition of matching funds in the Emergency Shelter Grant Program. 3.03 The Sheitee shall prov;ee the County with demographic information regarding shelter clients or other Shelter information pertinent to this Contract at the request of the County: 3.04 The Shelter shall maintain its financial records such that Oakland County ESG funds are separated from other grant accounts and a clear record of expense and expenditure is available 3.05 The shelter shall follow the provisions Of US Office of Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Organizations. The shelter certifies that it has received a copy of this Circular by signing this contract. 3.05 In compliance with Office of Management and Budget (OMB) Circular A-122, Cost Principles for Nonprofit Organizations, the Shelter shall secure prior approval from the County for the purchase of any equipment or furnishings, to be purchased with Oakland County ESG funds, having a useful life of more than two years and an acquisition cost of $500 or more per unit. 3,07 The Shelter shall allow tne County and the US Department of Housing and Urban Development to conduct audits and/or program monitoring in connection with the performance and administration of this contract. 3.05 The Shelter shall comply wen all applicable laws, ordinances, codes. and regulations of the federal, state. and local Governments. RESPONSIBILITIES OF THE COUNTY 4 01 The County shall pay the shelter a sum not to exceed $17,142 as a reimbursement for allowable expenses under the Emergency Shelter Grant Program. The County shall only reimburse the Shelter for categories of items ailowabfe under the Oakland County Emergency Shelter Grant Program and listed in the Shelter's funding allocation plan. The County will reimburse the Shelter only upon receipt of a request in the form specified in section 3.02 of this contract. PROHIBITION OF DISCRIMINATION 5.01 . Neither party shall discrminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment because Of race, color, sex, height. weight, family status, or marital status in accordance with state or federal law. 5.02 The parties shall comply with the Michigan Handicappers Civil Rights Act (1976 PA 220) and the Federal Rehabilitation Act of 1973, which states that no person. by reason of handicap, will be excluded from, denied the benefits of, or be subject to discrimination under any activity or program receiving federal financial assistance. 5.03 No person shall. on the grounds of race, creed, color, sex, age, national origin, height, weight. handicap, family status. or marital status be excluded from participation in. denied the proceeds of. or subject to discrimination el the performance of this contract, in accordance with state and federal law. PROHIBITION OF POLITICAL ACTIVITY U1 None of the funds, materials, property, or services contributed by the County to the Shelter under this contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. PROHIBITION OF RELIGIOUS ACTIVITY 7.01. There shall be no religious worship, instruction, or proselytizatton as part of. or in connection with, the performance of this contract. DRUG- AND ALCOHOL-FREE FACILITIES 8.01, The Shelter shall administer, in good faith, a policy designed to ensure that the Shelter is free from the illegal use, possession, or distribution of drugs and/or alcohol by its beneficiaries. tUZ The Shelter. in compliance with the Drug-Free Workplace Act, will prominently post a drug-free workplace policy statement identical, or substantially equivalent, to the model statement included as Attacnment E of this contract. INVOLVEMENT OF HOMELESS BENEFICIARIES IN SHELTER OPERATIONS 9.01 The Shelter shall, to the maximum extent practicable, involve homeless beneficiaries in constructing, renovating, maintaining, and operating the Shelter and in providing services for Shelter occupants. TERMINATION OF ASSISTANCE 10.01 The Shelter shall have a formal, written procedure in place for termination of assistance to homeless clients due to violation of Shelter rules. GENERAL CONTRACT PROVISIONS 11.01 This contract constitutes the entire agreement between the County and the Shelter with regards to the Emergency Shelter Grant Program. program year 1995 funds, and there are no further agreements. oral or written, with respect hereto. 11.0Z No assignment or delegation of this contract shall be made, in whole or part, without the written consent of the County being first obtained, 11.03 Either party may, at any time during the lite of this contract or any extension thereof, terminate the contract by giving thirty days written notte. Notices to the Shelter shall be addressed to 196 Orchard Lake Road. P.O. Box 430508, Pontiac. Michigan 48343-0508 and notices to the County will be addressed to the Community Development Division, LOB Room 112, 1200 North Telegraph Road, Pontiac, MI 48341-0414. 11.04 The Shelter shall indemnify, defend, and hold harmless the County. its officials. volunteers, boards. commissions, and agents against any and all expense and liability arising from any act, omission. or negligence of the Shelter 11.05 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. j1.06 The Shelter shall maintain, during the life of this contract, and any extension thereof, the following insurance coverage: (A) Worker's Compensation meeting Michigan statutory requirements and Employer's Liability with a minimum lirnit of $100,000 each accident; (B) A Comprehensive General Liability polcy 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 coverage. (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 ownee, non-owned. and hired automobiles. Insurance will be maintained with a well-rated insurance company, licensed in the State of Michigan and acceptable to Oakland County Risk Management. The contractor is responsible for all premiums, deductibles, co-oayrnents, uncovered losses, and losses in excess of valid coverages required to be maintained by the contractor, 11 07 Certificates evidencing the required 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 day written notice to the certificate holder of cancellation of contractor's coverage. 11.08 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. 11.09 The Sheller shall notify the County, in writing, of its intent to pursue a claim against the County for breach of any of the terms of th;s ccritract. No suit may be commenced by the Shelter for breach of this contract prior to the expiration of ninety days from the date of such notification. Within this ninety-day period. the Sheiter. at the request of the County, must meet with an appointed representative of the County for purposes of attempting to resolve the dispute. ATTACHMENTS 12.01 The foilowing attachments are appended to, and incorporated within, this contract: Attachment A--Shelter's Funding Allocation Plan Attacement B--Matching Funds Report Altacement C--Definition of Matching Funds Attachment D--Shelter's Matching Funds Certification Attachment E--Model Drug-Free Workplace Policy Statement IN WITNESS THEREOF. the Shelter and the County have executed this contract as of the date first written above. LIGHTHOUSE OF OAKLAND COUNTY (PATH COUNTY OF OAKLAND PROJECT) BY: _ Title: COUNTY EXECUTIVE Date: Attest: Attest: Date: Date: BY: _ Title: Dale: ATTACHMENT A 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM ALLOCATION PLAN ESSENTIAL SERVICES , in accordance with Emergency Shelter Grant guidelines, will spend no more than 30 percent of its total grant on essential services. These include, but are not limited to, counseling, education, food, medical supplies, and transportation. TOTAL ALLOCATION FOR ESSENTIAL SERVICES OPERATIONS AND MAINTENANCE can spend up to 100 percent of its grant on this expense category, which includes, but is not limited to, insurance, utilities, cleaning expenses. telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE S _ ADMINISTRATION may spend up to 10 percent of its grant on administrative expenses (salary of shelter staff). TOTAL ALLOCATION FOR ADMINISTRATION TOTAL GRANT TO BY: POSITION: DATE: ATTEST: DATE: ATTACHMENT B OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS REPORT ATTACH SUPPORTING DOCUMENTATION FOR LINES 6a-e (TIME SHEETS, VALUE COMPUTATIONS, ETC.) TO THIS REPORT Narne of She/ter 2. Contact Person 3. Telephone 4, Date of Reimbursement Request 5. Amount of Reimbursement Request Matching funds to be used for this Reimbursement Request: A. Volunteer Time (calculate at S5.00Thour) B Salary paid to staff of shelter (do not use salary reimbursed through ESG as match) C. Value o donated material/ building' D. Value of building lease' E. Total match (must equal or exceed 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 ths grant (amounts shown on lines 6a-e) have not been used to match any other Emergency Shelter Grant from Oakland County or any other jurisdiction. Signature Title Date `Oakand County will determine tne value of any donated material or building, or any lease, using any method reasonably ca.culaled to establish a fair market value_ The shelter, by submitting this report, agrees that Oakland County's calculation of value of items in lines 6c and 6d shall be final. THIS REPORT MUST BE SUBMITTED WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED, IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY. ATTACHMENT C EXPLANATION OF MATCHING FUNDS FROM EMERGENCY SHELTER GRANT REGULATIONS AT 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 tne 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 non profit 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. *NOTE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as a match. For instance, if you request reimbursement for Jane Doe's salary for the month of July. 1994. you may not also use her salary for July,1994 as a match. ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS CERTIFICATION In accordance with federal regulations at 24 CFR 576.71 (a) and (b) and the provisions of this contract, as the subgrantee shelter provider agrees to match all ESG funds received with an equal amount of matching funds. The shelter also agrees to provide documentation of its matching funds each time it submits a reimbursement request to the county as specified in this contract, Shelter Director Date Attest Date ATTACHMENT E OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MODEL DRUG-FREE WORKPLACE POLICY STATEMENT The federal Drug-Free Workplace Act of 1988 imposes certain requirements on and its employees as recipients of federal grant funds. supports the purpose and goals of the act and by this policy, announces its intention to comply with this act and make continuing "good faith" efforts to provide a drug-free workplace. Therefore, it is the policy of that any unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of must abide by the terms of this policy and must notify their manager of any criminal drug statute conviction no later than five days after such conviction. Employees violating this policy are subject to appropriate personnel/disciplinary action, up to and including termination, and/or other remedial measures as the individual circumstances warrant. is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. * 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND THE SANCTUARY, INC. (A STEP FORWARD PROJECT) PREAMBLE 1.01 TI-Us contract is made on the first day of July. 1995. between The Sanctuary. Inc. (A Step Forward project), hereinafter designated as the Shelter, having its principal office at 132 Franklin Boulevard, Suite 200. Pontiac, Michigan 48341 and the County of Oakland. Division of Community Development, hereinafter designated as the County, having its principal office at Executive Office Building. Room 112. 1200 North Telegraph Road, Pontiac, Michigan, 48341-0414. 1.02 The effective dates of this contract shall be from July 1, 1995 to June 30. 1996, and any such additional periods to which the County shall agree. PURPOSE 2.01 The purpose of this contract is to provide reimbursements to homeless shelters for expenses incurred while sheltering and ass:sting homeless persons within the parameters of the Stewart B. McKinney Homeless Assistance Act (PL 100-77). and as amended. Funds provided by The County under this legislation shall be subsequently referred to as ESG funds. 2.02 The Oakland County Emergency Shelter Grant Program's primary objectives are: (A) The provision of essential services to the homeless, including medical assistance, counseling, drug abuse prevention services, and food (not to exceed 30 percent of this contract); (8) Maintenance and operation of homeless shelters, including the payment of insurance : rent, cleaning fees, security services, office and shelter supplies, and purchase of equipment within the parameters of federal guidelines: and (C) The payment of shelter staff costs for operations (i e., wages of shelter staff on shelter business). This is limited to 10 percent of this contract. 2.03 In consideration of the mutual covenants and promises contained herein. the County and the Shelter agree as follows: RESPONSIBILITIES OF THE SHELTER 3.01_ The Sheite7 shall carry out specific activities with ESG funds within the parameters I,sted in sections 2.01 and 2.02. The Snelter shall provide a funding allocation plan as Attachment A of this contract, which plan is incorporated by reference in this contract 3.02 The Shelter shall submit reimbursement requests which contain a cover letter specifying the amount and items for which reimbursement is requested, copies of the bills for each item, and copies of the cancelled checks with which each item was paid. Each reimbursement reeuest shall be accompanied by a Matching Funds Report (see Attachment 0) and matching funds documentation, such as volunteer time sheets. at least equal in value to the amount of reimbursement requested See Attachment C for the definition of mafching funds in the Emergency Shelter Grant Program. 3.03 The Shelter shall provide tne County with demographic information regarding shelter clients or • • • • • other Shelter information pertinent to this Contract at the request of the County. 3.04 The Shelter shall maintain its financial records such that Oakland County ESG funds are separated from other grant accounts and a clear record of expense and expenditure is available, a_u The shelter shall follow the provisions of US Office of Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Organizations. The shelter certifies that it has received a copy of this Circular by Signing this contract. 3.06 In compliance wit. Office of Management and Budget (OMB) Circular A-122, Cost Principles for Nonprofit Organizations, the Shelter shall secure prior approval from the County for the purchase of any equipment or furnishings, to be purchased with Oakland County ESG funds. having a useful life of more than two years and an acquisition cost of 5500 or more per unit. 3 07 The Shelter shall allow the County and the US Department of Housing and Urban Development to conduct audits and/or program monitoring in connection with the performance and administration of this contract. 3.0S The Shelter shall comply with all applicable laws, ordinances. codes, and regulations of the federal, state. and local Governments. RESPONSIBILITIES OF THE COUNTY 4.01_ The County shall pay the shelter a sum not to exceed 517.142 as a reimbursement for allowable expenses under the Emergency Shelter Grant Program. The County shall only reimburse the Shelter for categories of items allowable under the Oakland County Emergency Shelter Grant Program and listed in the Shelter's funding allocation plan. The County will reimburse the Shelter only upon receipt of a request in the form specified in section 3,02 of this contract. PROHIBITION OF DISCRIMINATION 5 01 Neither party snail discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment because of race. color, sex. height, weight, family status. or marital status in accordance with state or federal law. 5.02 The parties shall comply with the Michigan Handicappers Civil Rights Act (1976 PA 220) and the Federal Rehabilitation Act of 1973, which states that no person, by reason of handicap, will be excluded from. denied the benefits of. Or be subject to discrimination under any activity or program receiving federal financial assstance. 5.0a No person shall, on the grounds of race. creed, color, sex, age. national origin, height. weight, handicap, family status, or marital status be excluded from participation in. denied the proceeds of, or subject to discrimination in the performance of this contract, in accordance with state and federal law. I . a PROHIBITION OF POLITICAL ACTIVITY 6.01 None of the funds. materials. property. or services contributed by the County to the Shelter under this contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, PROHIBITION OF RELIGIOUS ACTIVITY 7.01 There shall be no religious worship, instruction, or proselytization as part of. or in connection with. the performance of this contract DRUG - AND ALCOHOL-FREE FACILITIES Ei .01 The Shelter shall administer, in good faith, a policy designed to ensure that the Shelter is free from the illegal use. possession, or distribution of drugs and/or alcohol by its beneficiaries. 6.-22 The Shelter, in compliance with the Drug-Free Workplace Act, will prominently post a drug-free workplace policy statement identical, or substantially equivalent. to the model statement included as Attachment E of this contract. INVOLVEMENT OF HOMELESS BENEFICIARIES IN SHELTER OPERATIONS 9.01 The Shelter shall, to the maximum extent practicable. involve homeless beneficiaries in constructing. renovating, maintaining, and operating the Shelter and in providing services for Shelter occupants. TERMINATION OF ASSISTANCE 10 01 The Sheer shall have a formal, writter procedure in place for termination of assistance to nomeless ciients due to violation of Shelter rules. GENERAL CONTRACT PROVISIONS 11 .0.1 This contract constitutes the entire agreement between the County and the Shelter with regards to the Emergency Shelter Grant Program, program year 1995 funds, and there are no further agreements, oral or written, with respect hereto. 11.02 No assignment or delegation of this contract shall be made. in whole or part. without the written consent of the County being first obtained. 1.1A3 Either party may, at any time during the life of this contract or any extension thereof, terminate the contract by giving thirty days' written notice, Notices to the Shelter shall be addressed to '132 Franklin Boulevard. Suite 20Q Pontiac, Michigan 48341 and notices to the County will be addressed to the Community Develcpment Divis.cn, EOB Room 112,1200 North Telegraph Road. Pontiac, MI 48341-0414. 11 04 The Shelter shall indemnify, defend, and hold harmless the County. its officials. volunteers, boards. commissions. and agents against any and all expense and liability arising from any act, omission. or negligence of the Shelter, 11 .oq 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. 11,06 The Shelter shall maintain, during the life of this contract, and any extension thereof, the following insurance coverage: (A) Worker's Compensation meeting Michigan statutory requirements and Employer's Liability with a minimum limit of $100,000 each accident; (B) A 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 coverage. (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 Oakland County Risk Management. The contractor is responsible for alt premiums. deductibles, co-payments, uncovered losses, and losses in excess of valid coverages required to be maintained by the contractor. 11.07 Certificates evidencing the required 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 orovide for thirty day written notice to the certificate holder of cancellation of contractor's coverage. 11.08 The relationship of the Shelter to the County shall be that of an independent contractor, No partnership, assocation, 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. 11 09 The Shelter shall notify the County, in writing. of its intent to pursue a claim against the County for breach of any of the terms of this contract. No suit may be commenced by the Shelter for breach of this contract prior to the expiration of ninety days from the date of such notification. Within this ninety -day period. the Shelter. at tee request of the County. must meet wrth an appointed representative of the County for purposes of attempting to resolve the dispute. ATTACHMENTS 12.01 The following attachments are appended to, and incorporated within, this contract: Attachment A--Shelter's Funding Allocation Plan Attachment B--Matching Funds Report Attachment C--Definition of Matching Funds Attachment D--Shelter's Matching Funds Certification Attachment E--Model Drug-Free Workplace Policy Statement BY: Title: _ Date: Attest: Date: Title: COUNTY EXECUTIVE Date. Attest* Date: BY: IN WITNESS THEREOF, the Shelter and the County have executed this contract as of the date first written above. THE SANCTUARY, INC. (A STEP FORWARD COUNTY OF OAKLAND PROJECT) ATTACHMENT A 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM ALLOCATION PLAN ESSENTIAL SERVICES , in accordance with Emergency Shelter Grant guidelines, will spend no more than 30 percent of its total grant on essential services, These include, but are not limited to, counseling, education, food, medical supplies, and transportation. TOTAL ALLOCATION FOR ESSENTIAL SERVICES OPERATIONS AND MAINTENANCE can spend up to 100 percent of its grant on this expense category, which includes, but is not limited to. insurance, utilities, cleaning expenses. telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE ADMINISTRATION may spend up to 10 percent of its grant on administrative expenses (saIary of shelter staff). TOTAL ALLOCATION FOR ADMINISTRATION TOTAL GRANT TO BY: POSITION: DATE: ATTEST. DATE: ATTACHMENT B OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS REPORT ATTACH SUPPORTING DOCUMENTATION FOR LINES 6a-e (TIME SHEETS, VALUE COMPUTATIONS, ETC.) TO THIS REPORT 1. Name of Shelter 2. Contact Person 3. Telephone 4. Date of Reimbursement Request 5. Amount of Reimbursement Request 6. Matching funds to be used for this Reimbursement Request: A Volun t ee r Time (calculate at $5.00/hour) S Salary paid To staff of shelter (do not use salary reimbursed through ESG as match) C. Value of donated material! building* D. Value of building lease* E. Total match (must equal or exceed 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 on lines 6a-e) have not been used to match any other Emergency Shelter Grant from Oakland County or any other iurisdiction. Signature Title Date *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. The shelter, by submitting this report. agrees that Oakland County's calculation of value of items in tines 6c and 6d shall be final. THIS REPORT MUST BE SUBMITTED WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED, IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY. ATTACHMENT C EXPLANATION OF MATCHING FUNDS FROM EMERGENCY SHELTER GRANT REGULATIONS AT 24 CFR 57611 (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 non profit 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. 'NOTE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as a match. For instance, if you request reimbursement for Jane Doe's salary for the month of Juiy, 1994, you may not also use her saary for July,1994 as a match, ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS CERTIFICATION in accordance with federal regulations at 24 CFA 576.71 (a) and (b) and the provisions of this contract, as the subgrantee shelter provider agrees to match all ESG funds received with an equal amount of matching funds. The shelter also agrees to provide documentation of its matching funds each time it submits a reimbursement request to the county as specified in this contract. Shelter Director Date Attest Date 1 • ATTACHMENT E OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MODEL DRUG-FREE WORKPLACE POLICY STATEMENT The federal Drug-Free Workplace Act of 1988 imposes certain requirements on and its employees as recipients of federal grant funds. supports the purpose and goals of the act and by this policy, announces its intention to comply with this act and make continuing 'good faith'' efforts to provide a drug-free workplace. Therefore, it is the policy of that any unlawful manufacture. distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of must abide by the terms of this policy and must notify their manager of any criminal drug statute conviction no later than five days after such conviction. Employees violating this policy are subject to appropriate personnel/disciplinary action, up to and including termination, and/or other remedial measures as the .ndiviclual circumstances warrant. is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND NEW BETHEL OUTREACH MINISTRY PREAMBLE .1.01_ This contract is made on the first day of July, 1995. between New Bethel Outreach Ministry, hereinafter designated as the Shelter. having its principal office at 396 Orchard Lake Road, Pontiac. Michigan 48341 and the County of Oakland. Division of Community Development, hereinafter designated as the County, having its principal office at Executive Office Building. Room 112, 1200 North Telegraph Road. Pontiac, Michigan. 48341-0414. 1.02 The effective dates of this contract shall be from July 1, 1995 to June 30, 1996, and any such additional periods to which the County shall agree. PURPOSE 2 01 The purpose of this contract is to provide reimbursements to homeless shelters for expenses incurred while sheltering and assisting homeless persons within the parameters of the Stewart B. McKinney Homeless Assistance Act (PL 100-77). and as amended. Funds provided by the County under this legislation shall be subsequently referred to as ESG funds. 202 The Oakland County Emergency Sheller Grant Program's primary objectives are: (A) The provision of essential services to the homeless. including medical assistance, counseling, drug abuse prevention services, and food (not to exceed 30 percent of this contract): (8) Maintenance and operation of homeless shelters, including the payment of insurance, rent, cleaning fees security services, office and shelter supplies, and purchase of equipment within the parameters of federal guidelines; and (C) The payment of shelter staff costs for operations (i.e.. wages of shelter staff on shelter business). This is limited to 10 percent of this contract. 2 e03 In consideration of the mutual covenants and promises contained herein, the County and the Shelter agree as follows: RESPONSIBILITIES OF THE SHELTER 3 01 The Shelter shall carry out specific activities with ESG funds within the parameters listed in sections 2.01 and 2.02, The Shelter shall prdv.cle a funding allocation plan as Attachment A of this contract. which plan is incorporated by reference in this contract_ 3_02 The Shelter shall submit reimbursement requests which contain a cover letter specifying the amount and items tor which reimbursement is requested, copies of the bills for each item, and copies of the cancelled checks with which each item was paid. Each reimbursement request shall be accompanied by a Matching Funds Report (see Attacnment 8) and matching funds documentation, such as volunteer time sheets, at least equal in value to the amount of reimbursement requested. See Attachment C for tne definition of matching funds in the Emergency Shelter Grant Program_ 3-03 The Shelter shall provide the County with demographic information regarding shelter clients or other Shelter information pertinent to this Contract at the request of the County. 3.04 The Shelter shail maintain its f;nancial records such that Oakland County ESG funds are separated from other grant accounts and a clear record of expense and expenditure is available. 3.05 The shelter shad follow the provisions of US Office of Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Organizations The shelter certifies that it has received a copy of this Circular by signing this contract. 3.06 In compliance with Office of Management and Budget (OMB) Circular A-122, Cost Principles for Nonprofit Organizations, tie Shelter shall secure prior approval from the County for the purchase of any equipment or furnishings, to be (Purchased with Oakland County ESG funds, having a useful fife of more than two years and an acquisition cost of $500 or more per unit. .r,17 The Shelter shall allow the County and the US Department of Housing and Urban Development to conduct audits and/or program monitoring in connection with the performance and administration of this contract. 3.08 The Shelter shall comply with all applicable laws, ordinances. codes. and regulations of the federal, state. and local Governments. RESPONSIBILITIES OF THE COUNTY 4.01 The County sha I pay the shelter a sum not to exceed $17,142 as a reimbursement for aliowable expenses under the Emergency Shelter Grant Program. The County shall only reimburse the Shelter for categories of items allowable under the Oakland County Emergency Shelter Grant Program and listed in the Shelter's funding allocation plan. The County will reimburse the Shelter only upon receipt of a request in the form specified in section 3.02 of this contract. PROHIBITION OF DISCRIMINATION 5,01 Neither party shalt discriminate against any ernoloyee or applicant for employment with respect to hire, tenure. terms, conditions, or privileges of employment because of race. color, sex, height, weight, family status, or marital status in accordance with state or federal law. 5.02 The parties shall comply with the Michigan Handicappers Civil Rights Act (1976 PA 220) and the Federal Rehabilitation Act of 1973, which states that no person, by reason of handicap, will be excluded from, denied the benefits cf. or be subject to discrimination under any activity or program receiving federal financial assistance. 5.03 No person shall, on the grounds of race, creed, color, sex, age. national origin. height, weight, handicap, family status, or marital status be excludeo from participation in. denied the proceeds of, or subiect to discriminatic.—i in the performance of this contract. in accordance with state and federal law. p. 11.05 In the event the Shelter becomes involvee in, or is threatened with, litigation relative to this contract and protect. 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, 11.06 The Shelter shall maintain, during the life of this contract, and any extension thereof, the following insurance coverage: (A) Worker's Compensation meeting Michigan statutory requirements and Employer's Liability with a minimum limit of $100,000 each accident; (3) A Comprehensive General Liability policy with a minimum combined single limit of $500,000 per occurrence for bodily injury or property damage. This policy snail include contractual and persona i injury coverage. (C) Automobile Liability in accordance with Kchigan no-fault laws with a minimum combined single limit of 5300.000 per occurrence for bodily injury and property Carnage. Coverage shall include owned, non-owned, and hired automobiles. /nsurance will be maintained with a well-rated insurance company, licensed in the State of Michigan and acceptable to Oakland County Risk Management. 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. 11.07 Certificates evidencing the required 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 day written notice to the certificate holder of cancellation of contractor's coverage. 11.08 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. 11.09 The Shelter snail notify the County, in writing, of Its intent to pursue a claim against the County for breach of any of the terms of this contract. No suit may be commenced by the Shelter for breach of this contract prior to the expiration of ninety days from the date of such noCtication. Within this ninety-day period. the Shelter, at the request of the County, must meet with an appointed representative of the County for purposes of attempting to resolve the dispute. ATTACH M ENTS 12.01 The following attachments are appended to. and incorporated within, this contract: Attachment A--Shelter's Funding Allocation Plan Attachment 6.-Matching Funds Report Attachment CoDefinition of Matching Funds Attachment D--Shelter's Matching Funds Certification Attachment E--Model Drug-Free Workplace Policy Statement ATTACHMENT A 1995 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM ALLOCATION PLAN ESSENTIAL SERVICES , in accordance with Emergency Shelter Grant guidelines, will spend no more than 30 percent of its total grant on essential services. These include, but are not limited to. counseling, education, food, medical supplies, and transportation, TOTAL ALLOCATION FOR ESSENTIAL SERVICES OPERATIONS AND MAINTENANCE can spend up to 100 percent of its grant on this expense category, which includes, but is not limited to, insurance, utilities, cleaning expenses, telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE ADMINISTRATION may spend up to 10 percent of its grant on administrative expenses (salary of shelter staff). TOTAL ALLOCATION FOR ADMINISTRATION TOTAL GRANT TO BY: POSITION: DATE: ATTEST: DATE: IN WITNESS THEREOF. the Shelter and the County have executed this contract as of the date first written above. COUNTY OF OAKLAND NEW BETHEL OUTREACH MINISTRY BY: BY: Title: Title: COUNTY EXECUTIVE Date: Date: Attest: Attest: Date: Date: ATTACHMENT B OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS REPORT ATTACH SUPPORTING DOCUMENTATION FOR LINES 6a-e (TIME SHEETS, VALUE COMPUTATIONS, ETC.) TO THIS REPORT 1. Name of Sheiter 2. Contact Person 3. Telephone 4 Date Of Reimbursement Request 5, Amount of Reimbursement Request Matching funds to be used for this Reimbursement Request; A Volunteer Time (calculate at $5.00inour) B. Salary paid to staff of shelter (do not use salary reimbursed through ESG as match) C. Value of donated material/ buildmg D Value of building leases E. Total match (must equal or exceed line 5) I certify that the information in this report is true and aecurate to the best of my knowledge and that funds used to match this grant (amounts shown on lines 6a-e) have not been used to match any other Emergency Shelter Grant from Oakland County or any other jurisdiction, Signature Title Date "Oak;and County will oetermine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. The shelter, by submitting this report, agrees that Oakland County's calculation of value of items in lines 6c and 6d shall be final. THIS REPORT MUST BE S1IBMITTE0 WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED, IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY. ATTACHMENT C EXPLANATION OF MATCHING FUNDS FROM EMERGENCY SHELTER GRANT REGULATIONS AT 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 non profit 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 shelterprogram;* and the time and services contebuted 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. *NOTE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as a match. For instance, if you request reimbursement for Jane Doe's saary for the month of Ju y. 1994. you may not also use her salary for July,1994 as a match. ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MATCHING FUNDS CERTIFICATION In accordance with federal regulations at 24 CFR 576.71 (a) and (b) and the provisions of this contract, as the subgrantee shelter provider agrees to match all ESG funds received with an equal amount of matching funds, The shelter also agrees to provide documentation of its matching funds each time it submits a reimbursement request to the county as specified in this contract, Shelter Director Date Attest Date ATTACHMENT E OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM MODEL DRUG-FREE WORKPLACE POLICY STATEMENT The federal Drug-Free Workplace Act of 1988 imposes certain requirements on and its employees as recipients of federal grant funds. supports the purpose and goals of the act and by this policy, announces its intention to comply with this act and make continuing 'good faith" efforts to provide a drug-free workplace. Therefore, it is the policy of that any unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of must abide by the terms of this policy and must notify their manager of any criminal drug statute conviction no later than five days after such conviction. Employees violating this policy are subiect to appropriate personnel/disciplinary action, up to and including termination, and/or other remedial measures as the individual circumstances warrant. is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. Resolution 495222 August 17, 1995 •r Moved by Palmer supported by Dingeldey the resolution be adopted. AYES: Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OP MICHIGAN) COUNTY OF OAKLAND) 1, 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 Oakland County Board of Commissioners on August 17, 1995 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 17th day of August 1995. 1:;6Q4,f , Allen, County Cler