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HomeMy WebLinkAboutAgenda - 09-21-2004-5hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 21, 2004 Action Agenda Item No. ~~- ~;i SUBJECT: Performance Agreement for Housing Rehabilitation Administrative Services DEPARTMENT: Housing/Comm. Development PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Performance Agreement INFORMATION CONTACT: Tara L. Fikes, ext 2490 Durham 688-7331 Mebane 336-227-2031 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 PURPOSE: To approve the execution of a Performance Agreement with the Town of Chapel Hill to provide administrative services for a Housing Rehabilitation Program funded by the Town, BACKGROUND: The Town of Chapel Hill has budgeted approximately $150,000 in Community Development funds for a comprehensive housing rehabilitation program for owner- occupied homes in the Northside Neighborhood in Chapel Hill. The Town does not currently operate a housing rehabilitation program, and, therefore, has asked the County Housing and Community Development Department for assistance in administering their program. Specifically, the Town asked the County to manage the rehabilitation work at identified properties to include the preparation of work specifications, soliciting bids, awarding bids, inspecting the work in progress, and certifying completeness in accordance with applicable federal, state, and local regulations. The County will be paid a fee of 6% of the total rehabilitation contract cost for each unit in the program for a total $9,000 if all available funds are utilized for the program, The Hotasing and Community Development Department will be able to integrate this request into its current Housing Rehabilitation work schedule utilizing current department staff, Furthermore, the County entered into identical administrative arrangements with the Town in the early 1990s with successful results, and therefore staff anticipates continued success in working with the Town to implement this program. The County Attorney has reviewed and approved the Performance Agreement, FINANCIAL IMPACT: This Agreement will provide approximately $9,000 in revenue for the County Housing and Community Development Department. 2 RECOMMENDATION(S): The Manager recommends that the Board approve the execution of a Performance Agreement with the Town of Chapel Hill to provide administrative services for a Housing Rehabilitation Program funded by the Town and authorize the Manager to sign the document. NORTH CAROLINA 2003-2004 PERFORMANCE AGREEMENT ORANGE COUNTY THIS AGREEMENT, made and entered into the _ day of , 2004, by and between the TOWN OF CHAPEL HILL, a North Carolina Municipal Corporation, 306 North Columbia Street, Chapel Hill, North Carolina, hereinafter referred to as "Town" or "the Town" and ORANGE COUNTY, a body politic and corporate, a political subdivision of the State of North Carolina, PO Box 8181, Hillsborough, NC 27278, hereinafter referred to as "County," "Orange County" or "the County," WITNESSETA WHEREAS, on Apri124, 200:3, the Town Council budgeted $150,000 of 2003-2004 Community Development funds for a comprehensive rehabilitation program for owner-occupied homes in the Northside Neighborhood; and WHEREAS, on April 14, 2004 the Council adopted guidelines for a comprehensive rehabilitation program for the Northside Neighborhood; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereinafter set forth, the Town and Orange County agree as follows: 1. TOWN SUPPORT Orange County agrees to provide the services described in the Work Statement of this Agreement. The Town will pay Orange County a fee of 6% of the total rehabilitation contract cost of each house identified by the Town for managing rehabilitation work on properties in the Comprehensive Rehabilitation Program that is rehabilitated under County management under said program, Orange County staff will inspect properties and work with the Town's 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 federal procurement procedures, award bids, and inspect work in progress. The Town staff will be responsible for identifying and qualifying households, according to its choice of the tluee National Objectives as prescribed in the Work Statement of this Agreement. By resolution 2004-04-14/R-9 the Town Council authorized the County to approve bids on the Town's behalf for eligible properties in accordance with the Comprehensive Rehabilitation Program guidelines. 2. PAYMENT AND DOCUMENTATION A fee of 6% of the total rehabilitation contract cost per unit shall be paid to Orange County upon successful completion ofrehabilitation. The Town'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 Work Statement of 4 this Agreement. Once rehabilitation work is determined to be satisfactory to the County, the Town's Inspections Department, the Contractor and the homeowner, the Town will make payment directly to the Contractor. The Town will also comply with any applicable reporting requirements concerning minority participation also as prescribed in the Work Statement of this Agreement. 3. FINANCIAL RECORDS Orange County agrees to allow the Town 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 stazt on , 2004 and end on June .3Q, 2005, 5. WORK STATEMENT Orange County agrees to provide those services described in the Work Statement of tlus Agreement, which is attached hereto and incorporated herein by reference and to maintain a high level of professionalism in the provision of these services, 6. TERMINATION FOR CAUSE OR CONVENIENCE Either the Town or' Orange County may terminate this Agreement for the convenience of the terminating pazty at any time by giving written notice to the other pazty 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 the Town, become the property of the Town 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. In the event that Orange County shall cease to exist or shall enter bankruptcy proceedings, be declazed insolvent, liquidate all or substantially all of its assets during the term of this Agreement, or in the event that Orange County shall fail to render a satisfactory accounting as provided herein, then and in any of these events the Town may terminate this Agreement, 7. GENERAL CONDITIONS A. General Comnliance 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 pazties. Orange County shall at al] times remain an "independent contractor" with respect to the services to be performed under this Agreement, The Town 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' Comoensation 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 the Town 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 the Town 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 the Town Manager and the County Manager. Such amendments shall not invalidate this Agreement, nor relieve or release the Town or Orange County from its obligations under this Agreement, The Town and the 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 funding, the scope of services, or schedule ofthe activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Town and Orange County. G. Suspension or Termination If Orange County or the Town 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. Assignability Orange County shall not assign or transfer any interest in this Agreement without the prior written consent of the Town thereto; provided, however, that claims for' money due or to become due to Orange County from the Town 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 the Town, 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, agent or consultant of Orange County, or an elected or appointed official of the Town, or those with wham Orange County or Town 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 all records required by the Federa] regulations specified in 24 CFR Pazt 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 demonstrating that each activity undertaken meet the CDBG program National Objective selected by the Town for this Northside Neighborhood 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, Records documenting compliance with applicable fair housing and equal opportunity components of the CDBG program; f. 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. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) yeazs 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 the Town, HUD or its agent, or other authorized Federa] officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Close-outs Orange County's obligation to the Town shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: the Town making final payments to the contractors and the County, and determining the custodianship of records. 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, Please refer to "Procurement Policies and Procedures for Community Development Block Grant Program and HOME Program Subrecipients" that was provided to Orange County by the Town for an outline of the federal regulations. Contract Provisions for Federally-Assisted Construction/Rehab Projects," which was provided to Orange County by the Town, should be attached to every contract for rehabilitation. 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 ar 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. SEVEItABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other pazts of this Agreement shall nevertheless be in full force and effect.. 9 This Performance Agreement is between the Town of Chapel Hill and Orange County for implementation and oversight of the Northside Comprehensive Rehabilitation Program. IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. This the _ day of , 204 ORANGE COUNTY 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, FINANCE DIItECTOR HOUSING AND COhRV1-UNITY DEVELOPMENT DIRECTOR TOWN OF CHAPEL HILL TOWN MANAGER ATTEST BY TOWN CLERK: TOWN CLERK Approved as to Form and Authorization TOWN ATTORNEY 1Q This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. FINANCE DIRECTOR PLANNING DIRECTOR OWNER-OCCUPIED HOME REHABILITATION PROGRAM NORTHSIDE NEIGHBORHOOD WORK STATEMENT 1'1 Orange County staff'will inspect properties and work with the Town'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. 2, 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. Orange County will follow all applicable federal, state and local regulations, including the federal procurement guidelines and conflict of interest regulations. 4. Orange County will maintain all records in accordance with federal regulations. The Town will be responsible for any applicable reporting requirements concerning minority participation to the Depaztment of Administration, Office for Historically Underutilized Business upon the completion of work performed under this Agreement. Orange County will follow the Guidelines for the Rehabilitation Program for the Northside Neighborhood adopted by the Town on April 14, 2004. 6, Orange County certifies that the rehabilitation work carried out with the funds provided under this Agreement will meet one or more of the Community Development program's National Objectives - (1) benefit low /moderate income persons; (2) aid in the prevention of slums or blight; and (.3) meet community development needs having a particular urgency - defined in 24 CFR Pazt 570.208. The Town shall select which of the three objectives the rehabilitation work is intended to meet. kg:orange count}~contractwith oc far admin clean doc