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HomeMy WebLinkAboutResolutions - 2000.03.09 - 26119MARCH 9, 2000 MISCELLANEOUS RESOLUTION #00044 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON RE: COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT - COMMUNITY AND HOME IMPROVEMENT DIVISION - PY 1999 HOME INVESTMENT PARTNERSHIPS PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) OPERATING EXPENSE FUND CONTRACT WITH SPRINGHILL HOUSING CORPORATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Congress enacted the HOME Investment Partnership Act, Title II of the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625) in 1990; and WHEREAS the U.S. Department of Housing and Urban Development awarded the County of Oakland 1999 HOME funding totaling $1,329,000 on May 1, 1999 to preserve and develop affordable housing for low and moderate income persons; and WHEREAS the 1999 HOME program allocates a federally mandated set aside totaling 15% or $199,350 of the grant award to Community Housing Development Organizations to develop affordable housing; and WHEREAS the Oakland County Board of Commissioners accepted the federal HOME grant per Miscellaneous Resolution #99124 on May 27, 1999; and WHEREAS the County, under federal procurement regulations must provide fair and open competition amongst several new Community Housing Development Organizations which are eligible to compete for CHDO project development funding available through the HOME program; and WHEREAS CHDO operating expense funds up to $5,000 may be granted to each new eligible CHDO to build capacity and create a viable affordable housing development project proposal for submittal to Oakland County by April 17, 2000; and WHEREAS the Community Development Division requested newly certified CHDOs to submit operating expense fund proposals and has qualified Springhill Housing Corporation to receive 1999 CHDO operating expense funds; and WHEREAS Oakland County expects to fund the viable affordable housing development project proposals through the HOME program; and WHEREAS the contract has been reviewed and approved as to form by the Office of Corporation Counsel, Fiscal Services, Risk Management and Personnel; and WHEREAS the Oakland County Community Development Citizens Advisory Council recommended approval of this contract by a roll call vote of 14-0 on February 9, 2000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the attached contract with Springhill Housing Corporation for a total of $5000. BE IT FURTHER RESOLVED that the Oakland County Executive and the Chairperson of the Oakland County Board of Commissioners are authorized to execute the agreements. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. PLANNTI,IG AND BUILDING COMMITTEE Plannin g and Building Committee Vote: Motion carried unanimously on a roll call vote with Palmer absent. HOME INVESTMENT PARTNERSHIPS PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) OPERATING EXPENSE FUNDS CONTRACT BETWEEN COUNTY OF OAKLAND AND SPRINGHILL HOUSING CORPORATION SECTION I. CONTRACT This Contract is made on the first day of March 2000 between the County of Oakland, Office of Community and Home Improvement, hereinafter designated as the "County", having its principal office at 1200 North Telegraph Road, City of Pontiac, State of Michigan, 48341-0414, and Springhill Housing Corporation, hereinafter designated as the "Agency" having its principal office at P 0 Box 1661, Birmingham, State of Michigan, 48009. The effective dates of this Contract shall be from March 1, 2000 to April 17, 2000 and any additional period/s the "County" and the "Agency" shall agree. SECTION II. PURPOSE The County of Oakland, as the Participating Jurisdiction (PJ) for HOME Investment Partnerships Program funds available from the U.S. Department of Housing and Urban Development (HUD), hereby contracts with Springhill Housing Corporation for Community Housing Development Organization (CHDO) Operating Expense funds to assist in developing eligible projects to provide affordable housing opportunities for low income residents in Oakland County's fifty participating communities (see Attachment A). This contract is executed pursuant to the provisions of Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990 as amended and implemented by HUD subject to the requirements of Section 24, Part 92 of the Code of Federal Regulations (24 CFR et. seq.) Under 24 CFR 92.300(e) of the HOME Program regulations, the County will provide the Agency with funds for operating expense because the County reasonably expects to provide CHDO project funds to the Agency within 24 months of the date of this contract. CHDO Operating Expense funds must be used for reasonable expenses related to the identification and planning of a CHDO eligible project, and for preparation of a project funding application to be submitted to the County no later than April 17, 2000. The award of CHDO Operating Expense funds does not guarantee the award of CHDO Project Development funding. CHDO Project Development funding is contingent upon the continued availability of HOME funding from HUD, and is further contingent upon the CHDO packaging and submitting a viable project proposal, as determined by Oakland County project selection criteria. Eligible projects must comply with all HOME regulations. 1 In consideration of mutual promises and covenants contained herein, the Agency and County agree as follows: SECTION III. THE AGENCY'S RESPONSIBILITIES PERFORMANCE REQUIREMENTS The Agency shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. The Agency shall expend CHDO Operating Expense funds in accordance with all applicable federal requirements. The Agency shall use CHDO Operating Expense funds to assist in developing eligible projects to provide affordable housing opportunities for low income residents in Oakland County's fifty participating communities (see Attachment A). The Agency must use CHDO Operating Expense funds for reimbursable expenses per 24 CFR, 92.208 to identify and package a viable project proposal, as determined by Oakland County project selection criteria, to be submitted no later than April 17, 2000. Eligible uses of CHDO Development funding include: Acquisition/Rehabilitation of existing single family homes for sale to low-income home buyers; and to acquire vacant property and provide units for sale to low- income home buyers. The Agency must incur all expenses and conclude the planning and application work no later than April 17, 2000. The Agency is required to submit documentation for the expenses incurred and submit one reimbursement request with all supporting documentation no later than May 1, 2000 to the County. Examples of documentation include copies of: timesheets, detailed pay stubs, insurance statements with canceled checks. Attachment C is a copy of the Agency's CHDO Operating Expense budget. The Agency shall be reimbursed for eligible CHDO Operating Expense funds by Oakland County through the Federal IDIS System through the U.S. Department of Treasury. SECTION IV. THE COUNTY'S RESPONSIBILITIES The County shall reimburse the Agency for an amount up to $5,000 for eligible Operating Expense funds upon receipt of specified supporting documentation. The County shall monitor the performance of the Agency in carrying out its responsibilities through periodic monitoring reviews and financial documentation review. SECTION V. RECORDS AND REPORTS The Agency shall ensure an overall program and financial management system that maintains effective control over and accountability for all HOME funds received. The Agency shall maintain its financial records such that Oakland County HOME funds are maintained in a separate account from all other asset accounts. The Agency shall maintain all financial records, supporting documents, statistical records and all other pertinent records established in 24 CFR 92.254, 24 CFR 92.58, 24 CFR 92.508 and 24 CFR 84.53. Records must be retained for three years after closeout of the HOME program. 2 The Agency shall comply with the requirements of 24 CFR Part 84 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-profit Organizations). The Agency shall permit audits to be conducted in accordance with 24CFR Part 84 and OMB Circular A-133 (Audits of Institutions of Higher Education and Other Nonprofit Institutions) and permit Oakland County, HUD and Comptroller General of the United States access to any pertinent books, documents or other records in order to conduct audits, examinations and monitoring. The Agency shall provide citizens, public agencies and other interested parties with reasonable access to records, consistent with applicable state and local laws regarding privacy and obligations of confidentiality. SECTION VI. GENERAL TERMS AND CONDITIONS 1. Suspension of Contract - When the Agency has failed to comply with the stipulations, standards, or conditions, or in the event that HOME funding is no longer available to Oakland County from the Department of Housing and Urban Development, the County, on reasonable notice to the Agency may suspend the contract and prevent further electronic funds transfer or prohibit the Agency from incurring additional obligations of HOME funds, pending corrective action by the Agency, resumption of HOME funding from HUD, or a decision to terminate in accordance with these Terms and Conditions. The County shall allow all necessary and proper costs which the Agency could not reasonably avoid during the period of suspension. 2. Termination for Convenience - The County or the Agency may terminate this Agreement in whole, or in part, for any reason including convenience upon thirty (30) days written notice by the terminating party. Termination may also be by mutual consent when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. In the case of mutual termination, the two (2) parties shall agree upon the termination conditions, including the effective date of termination. Mutual termination may be for only a portion of this Agreement. The Agency shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The County shall allow full credit for the Agency's share of the non-cancelable obligations, properly incurred by the Agency prior to termination. 3. Religious Activity Prohibited - There shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of this Contract. 4. Merger or Integration - This Contract constitutes the entire Contract between the County and the Agency with respect to the subject matter hereof and there are no other or further written or oral understandings or agreements with respect hereto. 5. 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. 6. Indemnification - The Agency shall indemnify, defend, and hold harmless the County, its employees, officials, volunteers, boards, commissions and agents against suits, claims, demands, etc. of whatsoever nature (including reasonable attorne)'s fees) arising out of the performance of this contract. In the event the Agency becomes involved in or is threatened with litigation relative to this contract, the Agency shall immediately notify the County and the County may enter into such litigation to protect its interests. 3 7. Insurance - The Agency, Springhill Housing Corporation, shall maintain during the term of this contract and any extensions thereof, the following insurance: a. Worker's Compensation Insurance: The Agency shall procure and maintain, during the life of this contract, Worker's Compensation Insurance, including Employer's Liability Coverage, in accordance with all applicable statutes of the State of Michigan. b. Commercial General Liability Insurance: The Agency shall procure, and maintain during the life of this contract, Commercial General Liability Insurance, on an "Occurrence Basis"with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit Personal Injury, Bodily Injury, and Property Damage. Coverage shall include the following extensions: (a) Contractual Liability; (b) Products and Completed Operations; (c) Independent Contractors Coverage; (d) Broad Form General Liability Extensions, or equivalent; (e) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if applicable. c. Motor Vehicle Liability: The Agency shall procure and maintain during the life of this contract, Motor Vehicle Liability Insurance, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. d. Cancellation Insurance: Worker's Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "It is understood and agreed that thirty (30) days advance written notice of cancellation, non-renewal, and/or material change in coverage will be sent to the County of Oakland, Department of Community and Home Improvement, Executive Office Building, 1200 N. Telegraph Road, Pontiac, Michigan, 48341-0414. e. Proof of Insurance Coverage: 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. 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 Agency is responsible for all premiums, deductibles, copayments, uncovered losses and losses in excess of valid coverages required to be maintained by the Agency. 8. Independent Contractor Provision - The relationship of the Agency 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 Agency an agent or employee of the County. 9. Disputes - The Agency 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 Agency 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 Agency, at the request of the County, must meet with an appointed representative of the County for the purpose of attempting to resolve the dispute. 4 10. Code of Conduct - The Agency shall comply with Code of Conduct Provisions in 24CFR 92.356. No officer, employee, agent or consultant of the community housing development organization (CHDO) may occupy a HOME-assisted affordable housing unit in any CHDO project that results from this contract. Further, no officer or employee (or persons with whom they have family or business ties) may obtain a financial interest or benefit from any contract, subcontract or agreement with respect to a HOME-assisted activity, or the proceeds thereunder, during their tenure or for one year thereafter. All potential and actual conflicts must be disclosed to the County in advance in writing. The County may grant an exception to the provision of this paragraph, subject to the standards set forth in 24 CFR 92.356, as they apply. 11. Reversion of Assets - Upon expiration or termination of the contract, the Agency shall transfer to the County any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. SECTION VII. CERTIFICATIONS AND ASSURANCES The Agency hereby assures and certifies compliance with the statutes, rules, regulations, and guidelines associated with the acceptance and use of funds under the CHDO Operating Expense funds as implemented by Oakland County. Such assurances and certifications include, but are not limited to the following: 1. The execution of the contract is authorized under State and local statutes, and the Agency possesses the legal authority to implement the CHDO Operating Expense funds described herein and in accordance with regulations contained in 24 CFR Part 92 et. seq. 2. The Agency shall implement its CHDO Operating Expense funds in conformance with the requirements of 24 CFR 92.350 pertaining to equal opportunity and fair housing and 24 CFR 92.202 regarding site and neighborhood standards. 3. The Agency shall implement its CHDO Operating Expense funds in conformance with the requirements of 24 CFR 92.356 pertaining to conflict of interest. 4. The Agency shall implement its CHDO Operating Expense funds in conformance with the requirements of 24 CFR 92.504(10) to assure that no funds available under this agreement are requested until funds are needed for payment of eligible costs. Further, the amount requested must be limited to the amount needed. 5. The Agency shall comply with all other requirements of theCHDO Operating Expense funds which may be applicable to an Agency administering the CHDO Operating Expense funds as determined by the County pursuant to the requirements of 24 CFR 92 et. seq. 6. The Agency shall comply with the Debarment and Suspension requirements of CFR 14, 92.357; that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation from implementing eligible HOME activities. 7. The Agency shall implement its CHDO Operating Expense funds in conformance with federal anti- lobbying requirements. 8. The Agency shall not use any HOME funds, materials, property, or services contributed by the County to the Agency under this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. 9. The Agency, in compliance with the Drug-Free Workplace Act, will prominently post a drug-free workplace policy statement identical to, or substantially equivalent to, the model statement included as Attachment B. 5 WITNESS: BY: TITLE: DATE: DATE: TITLE: CHAIRPERSON, OAKLAND COUNTY BOARD OF COMMISSIONERS BY: JOHN P. MCCULLOCH TITLE: TITLE: EXECUTIVE DIRECTOR IN WITNESS WHEREOF, the parties hereto have executed this Contract on the respective dates hereunder indicated. WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional Corporation: BY: BY: KARRY L. RIETH L. BROOKS PATTERSON TITLE: MANAGER, COMMUNITY AND HOME IMPROVEMENT TITLE: COUNTY EXECUTIVE DATE: DATE: SPRINGHILL HOUSING CORPORATION, a Community Housing Development Organization BY: • BY: MARC CRAIG DATE: DATE: 6 Cities Townships Villages ATTACHMENT A Oakland County Community Development HOME Program Participating Communities Auburn Hills Addison Beverly Hills Berkley Brandon Franklin Birmingham Commerce Holly Clarkston Groveland Lake Orion Clawson Highland Leonard Farmington Holly Milford Ferndale Independence Ortonville Hazel Park Lyon Oxford Huntington Woods Milford Wolverine Lake Keego Harbor Oakland Lathrup Village Orion Madison Heights Oxford Northville Rose Novi Royal Oak Oak Park Springfield Orchard Lake Village West Bloomfield Pleasant Ridge White Lake Rochester Rochester Hills South Lyon Sylvan Lake Troy Walled Lake Wixom 7 ATTACHMENT B 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 (5) 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. 8 ATTACHMENT C Oakland County Community Development HOME Program CHDO Operating Expense Budget 6pringhillWousing Corporation P.O. Box 1661 • Birmingham, Michigan 48009 • Phone (248) 276-8011 • FAX (248) 276-9280 CHDO OPERATING GRANT ESTIMATED BUDGET FOR OPERATING EXPENSES RELATED TO PROPOSAL PREPARATION Compensation to Executive Director for approximately 40 hours of project planning at rate of $40 per hour 1,600 Consultant fees associated with project planning 3,000 Office supplies, travel and duplicating costs 400 TOTAL $5,000 9 son, County Executive 11 HERB L Brooke p E FOREGOING REFOUr . Date MIMIONIMMIMMINANNA Resolution #00044 March 9, 2000 Moved by Palmer supported by Buckley the resolution be adopted. AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 March 9, 2000 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 9th,day of „March, 2000. 14( i7„/ 17411:4;7a..‘ G. William Caddell, County Clerk