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.
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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.
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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.
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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.
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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.
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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:
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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
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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.
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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
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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