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Home My WebLink AboutResolutions - 2001.06.28 - 26450June 28, 2001 MISCELLANEOUS RESOLUTION #01173 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: COMMUNITY AND HOME IMPROVEMENT DIVISION — 2001 EMERGENCY SHELTER GRANT (ESG) PROGRAM — CONTRACTS WITH SOUTH OAKLAND SHELTER, LIGHTHOUSE PATH, HAVEN, INC., THE COMMON GROUND SANCTUARY (A STEP FORWARD PROJECT), AND NEW BETHEL OUTHREACH 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 May 3, 2001, awarded Oakland County an Emergency Shelter Grant formula allocation of $142,000 for the 2001 program year, to be allocated within 180 days of receipt, and WHEREAS the receipt of ESG funds allows the County to contract with 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 organizational support expenses; and WHEREAS Oakland County is eligible to take 5% of the grant for administrative purposes, but has elected not to so that the maximum amount can be allocated to the shelters, and WHEREAS the Oakland County Citizens Advisory Council for Community and Home Improvement Division has approved funding factors based upon shelter utilization, residency, and capacity to determine grant awards, and WHEREAS five shelters in Oakland County have applied for 2001 ESG funds: South Oakland Shelter, Lighthouse PATH, HAVEN, Inc., the Common Ground Sanctuary (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 2001 ESG funds in the following amounts: South Oakland Shelter ($40,811), Lighthouse PATH ($26,142), HAVEN, Inc. ($50,268), the Common Ground Sanctuary (A Step Forward Project) ($6,276), and New Bethel Outreach Ministry ($18,503), [see attached contracts]; and WHEREAS the Oakland County Citizens Advisory Council for Community and Home Improvement approved the above funding amounts by a vote of 10 yeas at their June 13, 2001 meeting; 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 Oakland County Board of Commissioners authorizes the agreements with each of the above-mentioned homeless shelters in the combined sum of $142,000. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize both the County Executive and the Chairperson of the Board of Commissioners to execute the agreement between Oakland County and the homeless shelters. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried on unanimous roll call vote 2001 OAKLAND COUNTY EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND Lighthouse of Oakland County, Inc. PATH Program PREAMBLE 1.01 This contract is made on the first day of July, 2001 between Lighthouse of Oakland County, Inc. PATH Program, hereinafter designated as the Shelter, having its principal office at 130 Center Street, Pontiac, MI 48462 and the COUNTY OF OAKLAND, DIVISION OF COMMUNITY AND HOME IMPROVEMENT, 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, 2001 to June 30, 2002, 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. 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, substance 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 shelter staff on shelter business) (not to exceed 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 2.01 and 2.02. The Shelter 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 canceled checks with which each item was paid. Each reimbursement request shall be accompanied by a Matching Funds 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 definition of matching funds in the Emergency Shelter Grant Program. 1 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. See Attachment F, "Shelter Monthly Service Report." 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. This 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 $5000 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 including all applicable laws and regulations contained in the Grant agreement approved by Oakland County Board of Commissioners in Resolution # , approved on , and on file with the Oakland County Clerk. RESPONSIBILITIES OF THE COUNTY 4.01 The County shall pay the shelter a sum not to exceed $26,142.00 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 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 of, or subject to discrimination in the performance of this contract, in accordance with state and federal law. 2 it. 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 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. 8.02 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, renovation, 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 2001 funds, and there are no further agreements, oral or written, with respect hereto. 11.02 No assignments 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. In the event of termination the County's obligation shall only be to reimburse the Shelter for services actually rendered and costs actually incurred, up to the point of notification of termination, or for services and costs actually rendered and incurred (and not contracted for) during the period of notice of termination, after notice is served. In the event of termination, the County is not obligated for payment for the duration of the term of the agreement unless such term is less than thirty (30) days at the time notice of termination is given. Notices to the Shelter shall be addressed to Lighthouse of Oakland County, Inc. PATH Program, P.O. Box 430508, Pontiac, MI 48343 and notices to the County will be addressed to the Community and Home Improvement Division, EOB, Room 112, 1200 North Telegraph Road, Pontiac, MI 48341-0414. 3 11.04 When the Agency has failed to comply with stipulations, standards, or conditions, or in the event that ESG funding is no longer available to Oakland County from the Department of Housing and Urban Development, the County, on reasonable notice to the Shelter may suspend the contract and prevent further electronic funds transfer or prohibit the Shelter from incurring additional obligations of ESG funds, pending corrective action by the Shelter, resumption of ESG 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 Shelter could not reasonably avoid during this period of suspension. 11.05 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. 11.06 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. 11.07 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 $500,000 each accident; (B) A Commercial General Liability policy with a minimum combined single limit of $1,000,000 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 $1,000,000 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 shelter is responsible for all premiums, deductibles, co-payments, uncovered losses, and losses in excess of valid coverage required to be maintained by the contractor. 11.08 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. 11.09 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. 11.10 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 the request of the County, must meet with an appointed representative of the County for purposes of attempting to resolve the dispute. 4 v• 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 Attachment F--Shelter Monthly Survey Report IN WITNESS THEREOF, the Shelter and the County has executed this contract as of the date first written above. Lighthouse of Oakland County, Inc. PATH Program County Of Oakland BY: BY: Thomas A. Stowell L. Brooks Patterson POSITION: Chief Operations Officer POSITION: County Executive DATE: DATE: ATTEST: ATTEST: DATE: DATE: BY: Frank H. Millard POSITION: Chairperson, Board of Commissioners DATE: ATTEST: DATE: KAW/ESG.CON 6/13101 5 ATTACHMENT A 2001 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM LIGHTHOUSE OF OAKLAND COUNTY, INC. PATH PROGRAM ALLOCATION PLAN ESSENTIAL SERVICES Lighthouse of Oakland County, Inc. PATH Program, in accordance with Emergency Shelter Grant guidelines, may 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 $ 7,843. Lighthouse of Oakland County, Inc. PATH Program may spend up to 100 percent of its grant on this expense category, which include, but is not limited to, insurance, utilities, cleaning expenses, telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE $18,299. ORGANIZATIONAL SUPPORT Lighthouse of Oakland County, Inc. PATH Program may spend up to 10 percent on its grant on organizational support expenses (salary of shelter staff). TOTAL ALLOCATION FOR ORGANIZATIONAL SUPPORT $ 0. TOTAL GRANT TO HAVEN Inc. $26,142. BY: Thomas A. Stowell POSITION: Chief Operations Officer DATE: ATTEST: DATE: esg 2001 \contract\attacha 6 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 $5.00/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 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 in lines 6c and 6d shall be final. IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY, THIS REPORT MUST BE SUBMITTED WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED. Esg 2001/contractiattachb 7 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. *NOTE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as match. For instance, if you request reimbursement for Jane Doe's salary for the month of July 2001, you may not also use her salary for July 2001, as a match. Esg 2001 \contractattachc 8 ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM LIGHTHOUSE OF OAKLAND COUNTY, INC. PATH PROGRAM MATCHING FUNDS CERTIFICATION In accordance with federal regulations 24 CFR 576.71(a) and (b) and the provisions of this contract, the 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 Thomas A. Stowell, Chief Operations Officer Esg 2001 \contrachattachd 9 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 Lighthouse of Oakland County, Inc. PATH Program and its employees as recipients of federal grant funds. Lighthouse of Oakland County, Inc. PATH Program 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 Lighthouse of Oakland County, Inc. PATH Program that any unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of Lighthouse of Oakland County, Inc. PATH Program 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. Lighthouse of Oakland County, Inc. PATH Program is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. esg 2001 \contract\attache.wpd 10 Number of Available Beds(B1= Percent of Utilization' ATTACHMENT F OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM SHELTER MONTHLY SURVEY REPORT Date: Month of: Name of Shelter: Number of Occuoied Beds (AI/ i 2 a 4 5 S 7 S g 11) if 12 13 14 15 16 17 15 19 20 21 22 23 24 75 28 27 2.5 29 30 31 I certify that the information in this report is true and accurate to the best of my knowledge. Signature Title Date THE SHELTER MONTHLY SURVEY REPORT MUST BE SUBMITTED MONTHLY IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY esg 2001 \contractattachf 1 1 2001 OAKLAND COUNTY EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND COMMON GROUND SANCTUARY, A STEP FORWARD PREAMBLE 1.01 This contract is made on the first day of July, 2001 between , Common Ground Sanctuary, A Step Forward, hereinafter designated as the Shelter, having its principal office at 1228 S. Washington, Royal Oak, MI 48067 and the COUNTY OF OAKLAND, DIVISION OF COMMUNITY AND HOME IMPROVEMENT, 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, 2001 to June 30, 2002, 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. 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, substance 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 shelter staff on shelter business) (not to exceed 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 2.01 and 2.02. The Shelter 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 canceled checks with which each item was paid. Each reimbursement request shall be accompanied by a Matching Funds 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 definition of matching funds in the Emergency Shelter Grant Program. 1 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. See Attachment F, "Shelter Monthly Service Report." 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. This 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 $5000 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 including all applicable laws and regulations contained in the Grant agreement approved by Oakland County Board of Commissioners in Resolution # , approved on , and on file with the Oakland County Clerk. RESPONSIBILITIES OF THE COUNTY 4.01 The County shall pay the shelter a sum not to exceed $6,276.00 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 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 of, or subject to discrimination in the performance of this contract, in accordance with state and federal law. 2 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 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. 8.02 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, renovation, 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 2001 funds, and there are no further agreements, oral or written, with respect hereto. 11.02 No assignments 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. In the event of termination the County's obligation shall only be to reimburse the Shelter for services actually rendered and costs actually incurred, up to the point of notification of termination, or for services and costs actually rendered and incurred (and not contracted for) during the period of notice of termination, after notice is served. In the event of termination, the County is not obligated for payment for the duration of the term of the agreement unless such term is less than thirty (30) days at the time notice of termination is given. Notices to the Shelter shall be addressed to Common Ground Sanctuary, A Step Forward Program, 1410 S. Telegraph, Bloomfield Hills, MI 48302 and notices to the County will be addressed to the Community and Home Improvement Division, EOB, Room 112, 1200 North Telegraph Road, Pontiac, MI 48341-0414. 3 11.04 When the Agency has failed to comply with stipulations, standards, or conditions, or in the event that ESG funding is no longer available to Oakland County from the Department of Housing and Urban Development, the County, on reasonable notice to the Shelter may suspend the contract and prevent further electronic funds transfer or prohibit the Shelter from incurring additional obligations of ESG funds, pending corrective action by the Shelter, resumption of ESG 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 Shelter could not reasonably avoid during this period of suspension. 11.05 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. 11.06 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. 11.07 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 $500,000 each accident; (B) A Commercial General Liability policy with a minimum combined single limit of $1,000,000 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 $1,000,000 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 shelter is responsible for all premiums, deductibles, co-payments, uncovered losses, and losses in excess of valid coverage required to be maintained by the contractor. 11.08 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. 11.09 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. 11.10 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 the request of the County, must meet with an appointed representative of the County for purposes of attempting to resolve the dispute. 4 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 Attachment F--Shelter Monthly Survey Report IN WITNESS THEREOF, the Shelter and the County has executed this contract as of the date first written above. Common Ground Sanctuary-A Step Forward County Of Oakland BY: BY: James A. Perlaki L. Brooks Patterson POSITION: Director-Community Intervention Services POSITION: County Executive DATE: DATE: ATTEST: ATTEST: DATE: DATE: BY: Frank H. Millard POSITION: Chairperson, Board of Commissioners DATE: ATTEST: DATE: KAW/ESG.CON 6/13/01 5 ATTACHMENT A 2001 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM COMMON GROUND SANCTUARY — A STEP FORWARD ALLOCATION PLAN ESSENTIAL SERVICES Common Ground Sanctuary, A Step Forward„ in accordance with Emergency Shelter Grant guidelines, may 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 $ 1,882. Common Ground Sanctuary, A Step Forward, may spend up to 100 percent of its grant on this expense category, which include, but is not limited to, insurance, utilities, cleaning expenses, telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE $3,767. ORGANIZATIONAL SUPPORT Common Ground Sanctuary, A Step Forward, may spend up to 10 percent on its grant on organizational support expenses (salary of shelter staff). TOTAL ALLOCATION FOR ORGANIZATIONAL SUPPORT $ 627. TOTAL GRANT TO Common Ground Sanctuary, A Step Forward $6,276. BY: James A. Perlaki POSITION: Director Community Intervention Services DATE: ATTEST: DATE: esg 2001 \contract\attacha 6 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 $5.00/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 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 in lines 6c and 6d shall be final. IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY, THIS REPORT MUST BE SUBMITTED WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED. Esg 2001/contract/attachb 7 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. *NOTE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as match. For instance, if you request reimbursement for Jane Doe's salary for the month of July 2001, you may not also use her salary for July 2001, as a match. Esg 2001 \contractattachc 8 ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM COMMON GROUND SANCTUARY, A STEP FORWARD MATCHING FUNDS CERTIFICATION In accordance with federal regulations 24 CFR 576.71(a) and (b) and the provisions of this contract, the 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 James A. Perlaki, Director — Community Intervention Services Esg 2001 \contractattachd 9 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 Common Ground Sanctuary, A Step Forward, and its employees as recipients of federal grant funds. Common Ground Sanctuary, A Step Forward, 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 Common Ground Sanctuary, A Step Forward, that any unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of Common Ground Sanctuary, A Step Forward, 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. Common Ground Sanctuary, A Step Forward, is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. esg 2001\contract\attachempd 10 Numher of Available Beds(131 = Percent of Utili7ation • ATTACHMENT F OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM SHELTER MONTHLY SURVEY REPORT Date: Month of: Name of Shelter: Number of Ocrunied Beds (Al/ 2 a 1C1 it 12 ta 14 15 lfi 15 19 21 22 23 24 25 25 27 25 29 30 31_1 I certify that the information in this report is true and accurate to the best of my knowledge. Signature Title Date THE SHELTER MONTHLY SURVEY REPORT MUST BE SUBMITTED MONTHLY IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY esg 2001 \contrachattactif 11 2001 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, 2001 between New Bethel Outreach Ministry, hereinafter designated as the Shelter, having its principal office at 175 Branch Street, Pontiac, MI 48343 and the COUNTY OF OAKLAND, DIVISION OF COMMUNITY AND HOME IMPROVEMENT, 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, 2001 to June 30, 2002, 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. 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, substance 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 shelter staff on shelter business) (not to exceed 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 2.01 and 2.02. The Shelter 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 canceled checks with which each item was paid. Each reimbursement request shall be accompanied by a Matching Funds 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 definition of matching funds in the Emergency Shelter Grant Program. 1 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. See Attachment F, "Shelter Monthly Service Report." 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. This 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 $5000 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 including all applicable laws and regulations contained in the Grant agreement approved by Oakland County Board of Commissioners in Resolution # , approved on , and on file with the Oakland County Clerk. RESPONSIBILITIES OF THE COUNTY 4.01 The County shall pay the shelter a sum not to exceed $18,503.00 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 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 of, or subject to discrimination in the performance of this contract, in accordance with state and federal law. 2 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 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. 8.02 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, renovation, 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 2001 funds, and there are no further agreements, oral or written, with respect hereto. 11.02 No assignments 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. In the event of termination the County's obligation shall only be to reimburse the Shelter for services actually rendered and costs actually incurred, up to the point of notification of termination, or for services and costs actually rendered and incurred (and not contracted for) during the period of notice of termination, after notice is served. In the event of termination, the County is not obligated for payment for the duration of the term of the agreement unless such term is less than thirty (30) days at the time notice of termination is given. Notices to the Shelter shall be addressed to New Bethel Outreach Ministry, 175 Branch Street, Pontiac, MI 48343 and notices to the County will be addressed to the Community and Home Improvement Division, EOB, Room 112, 1200 North Telegraph Road, Pontiac, MI 48341-0414. 3 11.04 When the Agency has failed to comply with stipulations, standards, or conditions, or in the event that ESG funding is no longer available to Oakland County from the Department of Housing and Urban Development, the County, on reasonable notice to the Shelter may suspend the contract and prevent further electronic funds transfer or prohibit the Shelter from incurring additional obligations of ESG funds, pending corrective action by the Shelter, resumption of ESG 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 Shelter could not reasonably avoid during this period of suspension. 11.05 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. 11.06 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. 11.07 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 $500,000 each accident; (B) A Commercial General Liability policy with a minimum combined single limit of $1,000,000 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 $1,000,000 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 shelter is responsible for all premiums, deductibles, co-payments, uncovered losses, and losses in excess of valid coverage required to be maintained by the contractor. 11.08 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 shelter's coverage. 11.09 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. 11.10 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 the request of the County, must meet with an appointed representative of the County for purposes of attempting to resolve the dispute. 4 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 Attachment F--Shelter Monthly Survey Report IN WITNESS THEREOF, the Shelter and the County has executed this contract as of the date first written above. New Bethel Outreach Ministry COUNTY OF OAKLAND BY: BY: Felicia Jackson L. Brooks Patterson POSITION: Executive Director POSITION: County Executive DATE: DATE: ATTEST: ATTEST: DATE: DATE: BY: Frank H. Millard POSITION: Chairperson, Board of Commissioners DATE: ATTEST: DATE: KAW/ESG.CON 6/13/01 5 ATTACHMENT A 2001 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM NEW BETHEL OUTREACH MINISTRY ALLOCATION PLAN ESSENTIAL SERVICES New Bethel Outreach Ministry., in accordance with Emergency Shelter Grant guidelines, may 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 $ 0. New Bethel Outreach Ministry. may spend up to 100 percent of its grant on this expense category, which include, but is not limited to, insurance, utilities, cleaning expenses, telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE $18,503. ORGANIZATIONAL SUPPORT New Bethel Outreach Ministry. may spend up to 10 percent on its grant on organizational support expenses (salary of shelter staff). TOTAL ALLOCATION FOR ORGANIZATIONAL SUPPORT $ 0. TOTAL GRANT TO New Bethel Outreach Ministry $18,503. BY: Felicia Jackson POSITION: Executive Director DATE: ATTEST: DATE: esg 2001 \contract\ attache 6 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 $5.00/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 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 in lines 6c and 6d shall be final. IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY, THIS REPORT MUST BE SUBMITTED WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED. Esg 2001/contract/attachb 7 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. *NOTE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as match. For instance, if you request reimbursement for Jane Doe's salary for the month of July 2001, you may not also use her salary for July 2001, as a match. Esg 2001 \contrachattachc 8 ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM NEW BETHEL OUTREACH MINISTRY MATCHING FUNDS CERTIFICATION In accordance with federal regulations 24 CFR 576.71(a) and (b) and the provisions of this contract, the 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 Felicia Jackson, Executive Director Esg 2001 \contract\ attachd 9 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 New Bethel Outreach Ministry and its employees as recipients of federal grant funds. New Bethel Outreach Ministry 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 New Bethel Outreach Ministry that any unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of New Bethel Outreach Ministry 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. New Bethel Outreach Ministry is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. esg 2001 \contrachattache.wpd 10 ATTACHMENT F OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM SHELTER MONTHLY SURVEY REPORT Date: Month of: Name of Shelter: Number of Occunied Beds (A1/ Number_of Available Beds(B1= Percent of Utili7ation • 2 a a 7 a I 12 13 14 15 211 21 22 23 24 25 25 27 25 29 I certify that the information in this report is true and accurate to the best of my knowledge. Signature Title Date THE SHELTER MONTHLY SURVEY REPORT MUST BE SUBMITTED MONTHLY IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY esg 2001 \contractattachf 11 2001 OAKLAND COUNTY EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND SOUTH OAKLAND SHELTER PREAMBLE 1.01 This contract is made on the first day of July, 2001 between SOUTH OAKLAND SHELTER, hereinafter designated as the Shelter, having its principal office at 431 N. Main Street, Royal Oak, MI 48067 and the COUNTY OF OAKLAND, DIVISION OF COMMUNITY AND HOME IMPROVEMENT, 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, 2001 to June 30, 2002, 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. 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, substance 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 shelter staff on shelter business) (not to exceed 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 2.01 and 2.02. The Shelter 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 canceled checks with which each item was paid. Each reimbursement request shall be accompanied by a Matching Funds 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 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. See Attachment F, "Shelter Monthly Service Report." 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. This 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 $5000 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 including all applicable laws and regulations contained in the Grant agreement approved by Oakland County Board of Commissioners in Resolution # , approved on , and on file with the Oakland County Clerk. RESPONSIBILITIES OF THE COUNTY 4.01 The County shall pay the shelter a sum not to exceed $40,811.00 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 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 of, or subject to discrimination in the performance of this contract, in accordance with state and federal law. 2 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 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. 8.02 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, renovation, 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 2001 funds, and there are no further agreements, oral or written, with respect hereto. 11.02 No assignments 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. In the event of termination the County's obligation shall only be to reimburse the Shelter for services actually rendered and costs actually incurred, up to the point of notification of termination, or for services and costs actually rendered and incurred (and not contracted for) during the period of notice of termination, after notice is served. In the event of termination, the County is not obligated for payment for the duration of the term of the agreement unless such term is less than thirty (30) days at the time notice of termination is given. Notices to the Shelter shall be addressed to South Oakland Shelter, 431 N. Main Street, Royal Oak, MI 48067 and notices to the County will be addressed to the Community and Home Improvement Division, EOB, Room 112, 1200 North Telegraph Road, Pontiac, MI 48341-0414. 3 11.04 When the Agency has failed to comply with stipulations, standards, or conditions, or in the event that ESG funding is no longer available to Oakland County from the Department of Housing and Urban Development, the County, on reasonable notice to the Shelter may suspend the contract and prevent further electronic funds transfer or prohibit the Shelter from incurring additional obligations of ESG funds, pending corrective action by the Shelter, resumption of ESG 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 Shelter could not reasonably avoid during this period of suspension. 11.05 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. 11.06 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. 11.07 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 $500,000 each accident; (B) A Commercial General Liability policy with a minimum combined single limit of $1,000,000 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 $1,000,000 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 shelter is responsible for all premiums, deductibles, co-payments, uncovered losses, and losses in excess of valid coverage required to be maintained by the contractor. 11.08 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. 11.09 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. 11.10 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 the request of the County, must meet with an appointed representative of the County for purposes of attempting to resolve the dispute. 4 SHELTER BY: COUNTY OF OAKLAND BY: 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 Attachment F--Shelter Monthly Survey Report IN WITNESS THEREOF, the Shelter and the County has executed this contract as of the date first written above. Monica L. Duncan, MSW, ACSW L. Brooks Patterson POSITION: Executive Director POSITION: County Executive DATE: DATE: ATTEST: ATTEST: DATE: DATE: BY: Frank H. Millard POSITION: Chairperson, Board of Commissioners DATE: ATTEST: DATE: KAW/ESG.CON 6/13/01 5 ATTACHMENT A 2001 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM SOUTH OAKLAND SHELTER ALLOCATION PLAN ESSENTIAL SERVICES South Oakland Shelter, in accordance with Emergency Shelter Grant guidelines, may 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 $ 12,000. OPERATIONS AND MAINTENANCE South Oakland Shelter may spend up to 100 percent of its grant on this expense category, which include, but is not limited to, insurance, utilities, cleaning expenses, telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE $20,811. ORGANIZATIONAL SUPPORT South Oakland Shelter may spend up to 10 percent on its grant on organizational support expenses (salary of shelter staff). TOTAL ALLOCATION FOR ORGANIZATIONAL SUPPORT $0 TOTAL GRANT TO South Oakland Shelter $40,811 BY: Monica L. Duncan, MSW, ACSW POSITION: Executive Director DATE: ATTEST: DATE: esg 2001\contract\attacha 6 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 $5.00/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 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 in lines 6c and 6d shall be final. IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY, THIS REPORT MUST BE SUBMITTED WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED. Esg 2001/contract/attachb 7 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. *NOTE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as match. For instance, if you request reimbursement for Jane Doe's salary for the month of July 2001, you may not also use her salary for July 2001, as a match. Esg 2001 \contract\attachc 8 ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM SOUTH OAKLAND SHELTER MATCHING FUNDS CERTIFICATION In accordance with federal regulations 24 CFR 576.71(a) and (b) and the provisions of this contract, the 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 Monica L. Duncan, MSW, ACSW Esg 2001 \contract\attachd 9 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 South Oakland SheReiland its employees as recipients of federal grant funds. South Oakland Shelter 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 South Oakland Shelter that any unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of South Oakland Shelter 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. South Oakland Shelter is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. esg 2001 \contractattache.wpd 10 Number of Available Beds = Percent of Utilization Date: ATTACHMENT F OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM SHELTER MONTHLY SURVEY REPORT Month of: Name of Shelter: Number of Occuoiesilleds 2 3 5 7 S 113 11 12 1.3 14 15 17 IS IR 20 21 22 23 24 25 26 27 28 29 an I certify that the information in this report is true and accurate to the best of my knowledge. Signature Title Date THE SHELTER MONTHLY SURVEY REPORT MUST BE SUBMITTED MONTHLY IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY esg 2001 \contrachattachf 11 2001 OAKLAND COUNTY EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT BETWEEN THE COUNTY OF OAKLAND AND HAVEN, INC PREAMBLE 1.01 This contract is made on the first day of July, 2001 between HAVEN, INC, hereinafter designated as the Shelter, having its principal office at 95 Whittemore, Pontiac, MI 48341and the COUNTY OF OAKLAND, DIVISION OF COMMUNITY AND HOME IMPROVEMENT, 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, 2001 to June 30, 2002, 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. 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, substance 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 shelter staff on shelter business) (not to exceed 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 2.01 and 2.02. The Shelter 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 canceled checks with which each item was paid. Each reimbursement request shall be accompanied by a Matching Funds 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 definition of matching funds in the Emergency Shelter Grant Program. 1 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. See Attachment F, "Shelter Monthly Service Report." 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. This 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 $5000 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 including all applicable laws and regulations contained in the Grant agreement approved by Oakland County Board of Commissioners in Resolution # , approved on , and on file with the Oakland County Clerk. RESPONSIBILITIES OF THE COUNTY 4.01 The County shall pay the shelter a sum not to exceed $50,268.00 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 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 of, or subject to discrimination in the performance of this contract, in accordance with state and federal law. 2 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 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. 8.02 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, renovation, 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 2001 funds, and there are no further agreements, oral or written, with respect hereto. 11.02 No assignments 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. In the event of termination the County's obligation shall only be to reimburse the Shelter for services actually rendered and costs actually incurred, up to the point of notification of termination, or for services and costs actually rendered and incurred (and not contracted for) during the period of notice of termination, after notice is served. In the event of termination, the County is not obligated for payment for the duration of the term of the agreement unless such term is less than thirty (30) days at the time notice of termination is given. Notices to the Shelter shall be addressed to HAVEN, Inc., 92 Whittemore, Pontiac, MI 48342 and notices to the County will be addressed to the Community and Home Improvement Division, EOB, Room 112, 1200 North Telegraph Road, Pontiac, MI 48341-0414. 3 11.04 When the Agency has failed to comply with stipulations, standards, or conditions, or in the event that ESG funding is no longer available to Oakland County from the Department of Housing and Urban Development, the County, on reasonable notice to the Shelter may suspend the contract and prevent further electronic funds transfer or prohibit the Shelter from incurring additional obligations of ESG funds, pending corrective action by the Shelter, resumption of ESG 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 Shelter could not reasonably avoid during this period of suspension. 11.05 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. 11.06 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. 11.07 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 $500,000 each accident; (B) A Commercial General Liability policy with a minimum combined single limit of $1,000,000 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 $1,000,000 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 shelter is responsible for all premiums, deductibles, co-payments, uncovered losses, and losses in excess of valid coverage required to be maintained by the contractor. 11.08 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. 11.09 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. 11.10 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 the request of the County, must meet with an appointed representative of the County for purposes of attempting to resolve the dispute. 4 SHELTER BY: BY: COUNTY OF OAKLAND 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 Attachment F--Shelter Monthly Survey Report IN WITNESS THEREOF, the Shelter and the County has executed this contract as of the date first written above. Hedy Nuriel L. Brooks Patterson POSITION: President/CEO POSITION: County Executive DATE: DATE: ATTEST: ATTEST: DATE: DATE: BY: Frank H. Millard POSITION: Chairperson, Board of Commissioners DATE: ATTEST: DATE: KAW/ESG.CON 6/13/01 5 ATTACHMENT A 2001 OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM HAVEN Inc. ALLOCATION PLAN ESSENTIAL SERVICES HAVEN Inc., in accordance with Emergency Shelter Grant guidelines, may 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 $ 15,080. HAVEN Inc. may spend up to 100 percent of its grant on this expense category, which include, but is not limited to, insurance, utilities, cleaning expenses, telephone bills, furnishings, office supplies, and security services. TOTAL ALLOCATION FOR OPERATIONS AND MAINTENANCE $33,788. ORGANIZATIONAL SUPPORT HAVEN Inc. may spend up to 10 percent on its grant on organizational support expenses (salary of shelter staff). TOTAL ALLOCATION FOR ORGANIZATIONAL SUPPORT $ 1,400. TOTAL GRANT TO HAVEN Inc. $40,811 BY: Hedy Nuriel POSITION: President/CEO DATE: ATTEST: DATE: esg 2001\contract\attacha 6 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 $5.00/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 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 in lines 6c and 6d shall be final. IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY, THIS REPORT MUST BE SUBMITTED WITH EACH REIMBURSEMENT REQUEST OR THE SHELTER SHALL NOT BE REIMBURSED. Esg 2001/contract/attachb 7 • t ' • 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. *NOTE: The shelter recipient may not use salary reimbursed by the Oakland County ESG program as match. For instance, if you request reimbursement for Jane Doe's salary for the month of July 2001, you may not also use her salary for July 2001, as a match. Esg 2001 \contract\attachc 8 ATTACHMENT D OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM HAVEN Inc. MATCHING FUNDS CERTIFICATION In accordance with federal regulations 24 CFR 576.71(a) and (b) and the provisions of this contract, the 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 Hedy Nuriel, President/CEO Esg 2001 \contract\attachd 9 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 HAVEN and its employees as recipients of federal grant funds. HAVEN 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 HAVEN that any unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace is strictly prohibited. All employees of HAVEN 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. HAVEN is committed to maintaining a drug-free workplace. All employees are expected to cooperate and give this policy their full support. esg 2001 \contract \attachempd 10 \ e e 0 ATTACHMENT F OAKLAND COUNTY EMERGENCY SHELTER GRANT PROGRAM SHELTER MONTHLY SURVEY REPORT Date: Month of: Name of Shelter: Number of Occ.unied Beds (AV Number of Availab1e_Beds(B1= Percent of Utilization e 2 a 5 7 a 10 12 IA 15 1fi 17 la 1g 211 21 22 2.1 24 25 26 27 241 211 I certify that the information in this report is true and accurate to the best of my knowledge. Signature Title Date THE SHELTER MONTHLY SURVEY REPORT MUST BE SUBMITTED MONTHLY IN ACCORDANCE WITH THE CONTRACT BETWEEN THE SHELTER AND THE COUNTY esg 2001 \contractattachf 11 4,0f cv `AwnesbAL- 0_6/6 0 I I. Resolution #01173 June 28, 2001 Moved by Palmer supported by Gregory the resolution be adopted. AYES: Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Brian, Buckley, Crawford, Dingeldey. (22) 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 June 28, 2001 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 28 th day 0 June, 2001. GI William Caddell, County Clerk