The URL can be used to link to this page

Home My WebLink About2006 NS -Housing - Community Development Program-Inter Local Agreement Durham CoORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 13, 2006 Action Agenda Item No. Fj' SUBJECT: Community Development Program -Inter-Local Agreement DEPARTMENT: Housing/Community Dev. PUBLIC HEARING: (Y/N) No ., ATTACHMENT(S): INFORMATION CONTACT: Agreement Tara L. Fikes, 919-245-2490 PURPOSE: To consider executing an Inter-Local Agreement with the Durham County to complete administration of Durham County's Scattered Site Housing Rehabilitation Program and authorize the Manager in consultation with the County Attorney to enter into an Inter-Local Agreement detailing the program administration. BACKGROUND: In April 2006, the County Housing and Community Development Director met with representatives from Durham County and the N.C. Department of Commerce Division of Community Assistance (DCA) to discuss the state's interest in Orange County assisting Durham County complete the remaining work for their 2002 Community Development Block Grant (DCBG) Scattered Site Housing Rehabilitation Program. At that meeting, DCA officials expressly requested that Orange County provide this assistance because of our successful track record with administering housing rehabilitation programs as well as our close proximity to Durham County. Specifically, Orange County will administer the rehabilitation work for the last dwelling unit targeted for Durham County's program. Program administration will include preparing work specifications and cost estimates, soliciting bids, and monitoring the actual rehab job. The County will be compensated for administrative expenses at a rate of 10% of the total rehab costs. All costs for rehab will be paid by Durham County. The attached Inter-Local Agreement has been prepared for the review and approval of the attorney for Durham and Orange County respectively. FINANCIAL IMPACT: The County will receive administrative funds in the amount of 10% of the total housing rehabilitation costs. An estimate of the total cost is not available at this time. RECOMMENDATION (Sj: The Manager recommends that the Board execute an Inter-Local Agreement with the Durham County to complete administration of Durham County's Scattered Site Housing Rehabilitation Program and authorize the Manager in consultation with the County Attorney to enter into an Inter-Local Agreement detailing the program administration. 3 cost for the administration of the completion of 2714 Davie Drive as set forth in the Work Statement, not to exceed funds available to Durham County through the 2002 CDBG Grant (hereinafter "Administration Fee"). The State Division of Community Assistance, upon invoice by the County of Durham, will fund any improvements made that cost in excess of the remaining Grant Funds. Orange County shall invoice Durham County for the Administration Fee upon completion of the rehabilitation and submission of the documentation required under section 2, below. Orange County staff will inspect properties and work with the Durham County Inspection Department to identify all Minimum Housing Code violations, complete a work write-up (incorporating Minimum Housing Code violations) and cost estimate, facilitate the bid process according to applicable state procurement procedures, award bids, and inspect work in progress. 2. PAYMENT AND DOCUMENTATION A fee of 10% of the total rehabilitation contract cost per unit shall be paid to Orange County upon successful completion of rehabilitation. Durham County's obligation to make each payment is contingent upon receiving satisfactory documentation (including documentation that all minimum housing code violations have been corrected) and accounting of expenditures as detailed in the attached Work Statement. Once rehabilitation work is determined to be satisfactory to Orange County, the Durham County Inspections Department, and the Contractor, Durham County will make payment directly to the Contractor. 3. FINANCIAL RECORDS Orange County agrees to allow Durham County to inspect its financial books and records related to this project upon reasonable notice during normal working hours. 4. TIME OF PERFORMANCE Services of Orange County shall start on 2006 and end on 2006. 5. WORK STATEMENT Orange County agrees to provide those services described in the Work Statement attached hereto and incorporated herein by reference, to residents of Durham County and to maintain a high level of professionalism in the .provision of these services. Durham County and Orange County shall meet the conditions as set out in the Funding Approval and the Grant Agreements. The methods and activities as outlined in the Housing Distribution Plan submitted by Durham County as part of its Application shall be followed. 6. TERMINATION FOR CAUSE OR CONVENIENCE Either the Durham County or Orange County may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. In the event of any termination for convenience, all unfinished documents, data, reports, or other materials prepared by Orange County under this Agreement shall, at the option of Durham County, become the property of Durham County and Orange County shall be entitled to receive just and equitable compensation for any work completed according to the standard prescribed in Paragraph 2 of this Agreement. 5 amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Durham County and Orange County. G. Suspension or Termination If Orange County or Durham County materially fails to comply with any term of this Agreement or with any of the rules, regulations or provisions referred to herein, the other party may suspend or terminate this Agreement. H. Assisnabili Orange County shall not assign or transfer any interest in this Agreement without the prior written consent of Durham County thereto; provided, however, that claims for money due or to become due to Orange County from Durham County under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Durham County. I. Conflict of Interest Orange County agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance or provision of services required under this Agreement. Orange County further covenants that in the performance of this Agreement no person having such a financial interest or who will benefit from the funded activity shall be employed or retained by Orange County hereunder. These conflict of interest provisions apply to any person who is an elected official, appointed official, employee, agentaor consultant of Orange County, or an elected or appointed official of Durham County, or those with whom Orange County or Durham County elected officials, appointed officials, employees, agents or consultants has business or immediate family ties. 8. ADMINISTRATIVE REQUIREMENTS A. Documentation and Record-Keeping 1. Records to be Maintained Orange County shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, that aze pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meet the CDBG program National Objective selected by Durham County for this housing rehabilitation project; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Financial records as required by 24 CFR Part 570.502; and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Retention of Records DURHAM COUNTY COUNTY MANAGER ATTEST BY COUNTY CLERK: COUNTY CLERK This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. DURHAM COUNTY FINANCE DIRECTOR ORANGE COUNTY ORANGE COUNTY MANAGER ATTEST BY COUNTY CLERK: COUNTY CLERK Approved as to Form and Authorization COUNTY ATTORNEY This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ORANGE COUNTY FINANCE DIRECTOR