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HomeMy WebLinkAboutAgenda - 06-13-2006-5sORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 13, 2006 Action Agenda Item No. Fj^j 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 disa~ss 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 successfi~l track record with administering housing rehabilitation programs as well as our close proximity to Durham County, Specifically, Orange County will administer the rehabilitation work far 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 (S): 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. AGREEMENT DURHAM COUNTY DURHAM COUNTY SCATTERED SITE HOUSING PROGRAM NORTH CAROLINA THIS AGREEMENT made and entered into this _ day of , 2006 by and between DURHAM COUNTY, North Carolina, 100 E. Main Street, Durham, North Carolina, hereinafter referred to as "Durham County" and ORANGE COUNTY, PO Box 8181, Hillsborough, NC 27278, hereinafter referred to as "Orange County". WITNESSETH WHEREAS, the North Carolina Department of Commerce, Division of Community Assistance (DCA), administers a Scattered Site Housing (SSH) program where grants are made on anon-competitive basis to each county for the purpose of improving the housing conditions of very low income households with incomes at or below 50% of area median income; and WHEREAS, Durham County has been awarded a Community Development Block Grant (CDBG Grant) Scattered Site Housing (SSH) grant (CDBG No. OZ-C-09.50) in the amount of $400,000 (Grant Funds), This grant is part of the Scattered Site Housing Program for 2002,. The funds are to be used to address the most critical housing needs of'very, low-income families within the unincorporated Durham County; and WHEREAS, Durham County as lead agent, had to submit a Scattered Site Housing Application including a Housing Distribution Plan that outlines the methods and activities that will be undertaken within its jurisdiction, which includes the unincorporated Durham County (hereinafter the "SSH Plan"); and WHEREAS, Durham County must meet the conditions set out in the Funding Approval Agreement, the Grant Agreement, in addition to following state law and federal procurement regulations; and WHEREAS, counties without a "Rehab" program may contract for the administration of the program; and WHEREAS, Orange County has an established Housing Rehabilitation Program in place, Durham County wishes to contract with Orange County for the administration of the Scattered Site Program in Durham County; and WHERAS, it is also Durham County's desire that Orange County administer this grant on Durham County's behalf; and WHEREAS, it is desirable and necessary to enter into this Agreement in order to set forth the term and conditions for the administration of this program; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS BY AND BETWEEN THE PARTIES HERETO, IT IS HEREBY AGREED AS FOLLOWS: L COUNTY SUPPORT Orange County agrees to provide the services described in the Work Statement of this Agreement. Durham County will pay Orange County an amount not to exceed 10% of the total rehabilitation contract cost for the administration of the completion of2714 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 Fonda. 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 leave 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 Comity shall be entitled to receive ,just and equitable compensation for any work completed according to the standard prescribed in Paragraph 2 of this Agreement. 4 In the event that Orange County shall cease to exist or shall enter bankruptcy proceedings, or be declared insolvent, or liquidate all or substantially all of its assets, or in the event that Orange County shall fail to render a satisfactory accounting as provided herein, then and in that event Durham County may terminate this Agreement. 7. GENERAL CONDITIONS A. General Compliance Orange County agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development Regulations concerning Community Development Block Grants - CDBG). Orange County also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Orange County shall at al] times remain an "independent contractor" with respect to the services to be performed under this Agreement. Durham County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as Orange County is an independent contractor. C. Workers' Compensation Orange County and all construction contractors will provide Worker's Compensation for its employees involved in the performance of this Agreement. D. Insurance and Bonding Orange County will ensure that all contractors that may perform work under this Agreement shall carry general liability insurance and property insurance coverage. All such general liability coverage shall name Orange County and Durham County as additional insureds. The contractor' shall present certificates of required insurance coverage at the time construction contracts are awarded. E. Grantor Recognition Orange County shall ensure recognition of the role of Durham County in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Orange County will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. F. Amendments This Agreement may be amended at any time provided that such amendments make specified reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by Durham County Manager and the Orange County Manager. Such amendments shall not invalidate this Agreement, nor relieve or release Durham County or Orange County from its obligations under this Agreement. Durham County and Orange County may amend this Agreement to conform with federal, state, or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the fimding, 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 parry may suspend or terminate this Agreement. H. Assignability 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 570.6] 1 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, agent=or consultant of Orange County, or an elected or appointed official of Durham Cuunty, or those with whom Orange Cuunty or Durham County elected officials, appointed officials, employees, agents or consultants has business or immediate family ties. 8. ADMINISTRATIVE REQUIREMENTS A. Documentation and Record-Keening 1. Records to be Maintained Orange County shall maintain al] records required by the Federal regulations specified in 24 CFR Part 570.506, that are 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 demonshating 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 Orange County shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, unless the CDBG Grant requires a longer retention period. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. 3. Access to Records Orange County shall furnish and cause each of its own contractors or subcontractors to furnish information and reports required hereunder and will permit access to its books, records and accounts by Durham County, Nre Division of Community Assistance, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein, 4. Close-outs Orange County's obligation to Durham County shall completed.. Activities during this close-out period shall making final payments to the contractors and Orange records.. not end until all close-out requirements are include, but are not limited to: Durham County County, and determining the custodianship of B. Procurement Compliance Orange County shall comply with 24 CFR Part 85.36 concerning procurement procedures and will have written selection procedures for procurement transactions. 9. NONDISCRIMINATION Orange County will not discriminate against any employee applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age marital/familial status, affectional preference, or status with regard to public assistance. Orange County will take affirmative action to insure that all employment practices are free from such discrimination as required by law. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff; termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.. Orange County agrees to post in conspicuous places, available to employees and applicants for employment, equal employment opportunity notices as required by law. 10. SEVERABILITY If' any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect,. This Agreement is between Durham County and Orange County for implementation and oversight of the 2002 Scattered Site Housing Rehabilitation Program. IN WITNESS WHE.RfiOF, the parties hereunto cause this agreement to be executed in their respective names.. This the _ day of , 2006. DURHAM COUNTY COUNTY MANAGER ATTEST BY COUNTY CLERK: COUNTY CLERK This instrument has been pre-audited in the manner required by the Local Govemment Budget and Fiscal Control Act.. DURHAM COUNTY FINANCE DIRECTOR ORANGC 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 8 DURHAM COUNTY 2002 SCATTERED SITE HOUSING REHABILITATION PROGRAM WORK STATEMENT I. Orange County staff will complete the rehab work at 2714 Davie Drive in Durham pursuant to the Durham County Scattered Site Housing Program. Work will begin upon presentation to Orange County of a signed Memorandum of Understanding with the owner concerning his/her expectations and requirements during the execution of this Agreement. Upon receipt of this executed Memorandum, Orange County will inspect the property, work with Durham County's Inspection Department to identify all Minimum Housing Code violations, complete a work write-up (incorporating Minimum Housing Code violations) and cost estimate, and facilitate the bid process according to federal procurement procedures, award bids, and inspect work in progress. L Orange County will follow the federal procurement guidelines for selecting a contractor to repair the property, to include receiving at least two (2) written, reasonable bids from qualified contractors. 3. Orange County will follow all applicable federal, state and local regulations, including the federal and state procurement guidelines and conflict of interest regulations.. 4. Orange County will maintain al] records in accordance with federal and Division of Community Assistance (DCA) regulations. Durham County will be responsible for any applicable DCA reporting requirements.