BOARD COORDINATOR GENESEE COUNTY BOARD OF …gcmpc.org/wp-content/uploads/2016/03/2-8-16.pdf · income does not exceed 80% of Area Median Income. 3. Scope of Work . The Contractor

BOARD COORDINATOR GENESEE COUNTY BOARD OF COMMISSIONERS

1 10 1 B E A CH S T RE E T , RO O M 3 12 F L INT , M IC H IG A N 4 8 5 0 2

_________________________

TELEPHONE: (810) 257-3020 FAX: (810) 257-3008

K:\cd\CDMTG\C&ED\2016\Agenda\2-8-16.docx

AMY ALEXANDER COORDINATOR

COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE

Monday, February 8, 2016, 9:30 a.m.

AGENDA

I. CALL TO ORDER

II. ROLL CALL

III. MINUTES – January 11, 2016

IV. PUBLIC COMMENTS TO THE COMMITTEE

V. COMMUNICATIONS

A. C020816VA: GCMPC 2015 Annual Report

B. C020816VB: City of Flint Water Crisis Recycling Efforts

VI. COMMUNITY DEVELOPMENT

A. C020816VIA: Metro Community Development HOME Program

Contract Approval

B. C020816VIB: Transfer of Community Development Program Funds

C. C020816VIC: 2016 CDBG Funding Pre-Award Request – City of Burton

D. C020816VID: 2016 Michigan Blight Elimination Grant Application –

ROLL CALL VOTE REQUESTED

VII. ECONOMIC DEVELOPMENT

VIII. ENVIRONMENTAL BUSINESS

A. C020816VIIIA: 2016 Community Pollution Prevention Grant Program

IX. OTHER BUSINESS

X. ADJOURNMENT

K:\cd\CDMTG\C&ED\2016\City of Flint Water Crisis Recycling.docx V B

MEMORANDUM

TO: Commissioner Tony Brown, Chairperson

Community and Economic Development Committee

FROM: Derek Bradshaw, Director-Coordinator

Genesee County Metropolitan Planning Commission

Date: February 8, 2016

SUBJECT: City of Flint Water Crisis Recycling Efforts

GCMPC staff is working with City of Flint and State officials to advance recycling

efforts throughout the City. Through numerous partnerships, residents are able to

recycle used water filter cartridges at all distribution centers and recycle water

bottles at several locations across the City. Attached is a flyer with instructions on

how to recycle these items that is currently being distributed to all residents.

Empty Water Bottles Drop-Off

Locations

Fire Station #1 310 E. Fifth St. 9a.m. – 9p.m., daily Fire Station #5 3402 Western Rd 9a.m. – 9p.m., daily Fire Station #8 202 E Atherton 9a.m. – 9p.m., daily Bill Carr Signs 719 W. 12th St 8a.m. – 4p.m., M-F Young’s Environmental 5305 N. Dort Hwy 8a.m. – 6p.m., M-F Dover & Company 651 Hall St. 8a.m. – 4pm., M-F

Curbside Pickup Instructions

Republic Services provides bi-weekly curbside recycling at no additional cost to residents who already have weekly trash

collection services.

1) To get a blue recycling bin, call 1-800-438-0966 (M-F, 8a.m.-5p.m., or Sat., 8a.m.-12p.m.) to request a bin to be delivered to your house.

2) Until you get your bin, Republic Services allows bottles to be placed in clear plastic bags. Do not put trash in the same bag as the bottles.

3) Until you get your bin, set the clear bags on the curb on your trash day a few feet from your trash. Once you get your bin, set it out on recycling day.

4) You can also drop your bag off at one of the drop-off locations around the city. (See side bar for locations)

HOW TO RECYCLE WATER BOTTLES AND WATER

FILTERS IN FLINT

What should I do with the used cartridge in my water filter?

1) When your PUR or Brita filter needs to be changed, take

the used cartridge to a distribution site.

2) Place the used cartridge in the box provided at the site.

3) Pick up a replacement cartridge.

ALL BOTTLES DROPPED OFF MUST BE IN CLEAR PLASTIC BAGS

No solid color or grocery bags accepted

www.michigan.gov/flintwater

K:\cd\CDMTG\C&ED\2016\MCD HOME Contract.docx VI A

MEMORANDUM





DATE: February 8, 2016

SUBJECT: Metro Community Development HOME Program Contract Approval

Project applications for the HOME Investment Partnerships (HOME) Program for 2016

HOME funds were due on January 8, 2016. Metro Community Development submitted a

request for HOME Affordable Mortgage funding.

Metro Community Development (MCD) is proposing to assist households with

affordable mortgages on qualified homes assisted with federal funds. MCD estimates

they will assist approximately eleven households and will service these loans throughout

the life of the mortgage.

Staff is recommending that Metro Community Development be awarded $300,000 to

assist individuals and families with affordable mortgages.

The contract was sent to Genesee County Corporation Counsel for review.

At this time, the Allocation Committee is requesting a recommendation of approval to

the Genesee County Board of Commissioners to enter into a contract with Metro

Community Development for $300,000 in HOME Program funds and the approval of the

contractual agreement with language that substantially conforms to the agreement

attached.

k:\cd\cdmtg\c&ed\2016\mcd home contract - draft affordable mortgage contract.docx 1

PROFESSIONAL SERVICES CONTRACT

This Agreement for Professional Services (the “Agreement”) is by and between the County of Genesee, a Michigan Municipal Corporation, whose principal place of business is located at 1101 Beach Street, Flint, Michigan 48502 (the “County”), and Metro Community Development, a Michigan nonprofit corporation, whose principal place of business is located at 503 S. Saginaw, Suite 804, Flint, Michigan 48502 (the “Contractor”) (the County and the Contractor together, the (“Parties”). 1. Term

This Agreement is effective as of XXXXXX XX, 2016, and shall be effective until XXXXXX, XX, 2020.

2. Purpose

This contract is entered into for the purpose of providing mortgage lending services (“Services”) under the Home Investment Partnerships (HOME) Program for single family properties. Mortgages are available to individuals and households whose income does not exceed 80% of Area Median Income.

3. Scope of Work

The Contractor agrees to perform the services described on Exhibit A (the “Scope of Services”).

4. Compensation

The Contractor will be paid according to the Compensation provisions of Exhibit A.

5. Taxes

The County is a Michigan Municipal Corporation. The Contractor acknowledges that the County is exempt from Federal Excise Tax and Michigan Sales Tax.

6. Contract Administrator

The contract administrator for this Agreement is Sheila Taylor (the “Contract Administrator”). The Contractor acknowledges that the Contract Administrator is the primary County contact for notices and instructions related to this Agreement. The Contractor agrees to provide a copy of all notices related to this Agreement to the Contract Administrator.

7. Reporting Requirements

During the term of this Agreement, the Contractor must provide to the Contract Administrator the reports identified and described on Exhibit B.


8. Warranties

The Contractor warrants that:

8.1 For a period of one (1) year following completion of the Services, the Services and any goods provided with the Services shall conform to the representations made by the Contractor.

8.2 The Contractor will comply with all federal, state, and local laws in the performance of the Services.

8.3 The Contractor will comply with the requirements of any federal or state grants used to fund or support this Agreement.

8.4 The Contractor will obtain and maintain all applicable licenses and permits necessary to provide the Services for the entire term of this Agreement.

The Contractor agrees to indemnify and hold the County, its officials, officers, agents, and employees harmless from any and all claims, damages, or liability, including defense costs, arising out of the Contractor’s breach of these warranties.

9. Suspension of Work

9.1 Order to Suspend Performance

Upon written order of the Contract Administrator, the Contractor agrees to immediately suspend performance of the Services. The Contractor shall not be entitled to compensation for any Services performed during any period in which the Contract Administrator has directed that the Services be suspended.

9.2 Necessary Actions Before Suspension

If immediate suspension of the Services would cause harm, injury, or damage to persons or property, the Contractor must immediately notify the Contract Administrator of the nature of such harm, injury, or damage, and obtain written authorization from the Contract Administrator to take such necessary action as to prevent or minimize such harm, injury or damage. Actions authorized by the Contract Administrator pursuant to this paragraph are compensable.

10. Termination

10.1 Termination for Cause

If the Contractor is in breach of any provision of this Agreement, and such breach continues for fourteen (14) days after written notice is issued to the Contractor by the County of the breach, the County may terminate this


Agreement. Such termination for cause is effective upon receipt of the notice of termination by the Contractor.

In addition to any other remedies provided by law or this Agreement, the Contractor shall be responsible for all costs incurred by the County as a result of the Contractor’s breach and termination, including any costs to obtain substitute performance.

10.2 Immediate Termination

If the County, in its discretion, determines that the Contractor’s breach of this Agreement constitutes a threat to public health, safety, or welfare, the County may terminate this Agreement immediately upon notice to the Contractor.

In addition to any other remedies provided by law or this Agreement, the Contractor shall be responsible for all costs incurred by the County as a result of the Contractor’s breach and termination, including any costs to obtain substitute performance.

10.3 Termination for Convenience

If the County determines that it is in the County’s best interests, the County may terminate this Agreement upon thirty (30) days’ written notice to the Contractor.

The County shall pay for all work properly performed up to the effective date of the notice of termination.

10.4 Termination for Lack of Funding

If this Agreement is funded by public funds or a grant from a public or private entity, and the funds are not appropriated or the grant is discontinued, the County may terminate this Agreement by written notice specifying the date of termination. The County shall pay for all work properly performed up to the effective date of the notice of termination.

11. Nondiscrimination

The Contractor covenants that it will not discriminate against an employee or applicant of employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position, and that it will require the same non-discrimination assurances from any subcontractor who may be used to carry out duties described in this contract. Contractor covenants that it will not discriminate against businesses that are owned by women, minorities or persons with disabilities in providing services covered by this Contract, and that it shall require the same assurances from subcontractors. Breach


of this covenant shall be regarded as a material breach of this contract. In addition, the Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60).

12. Freedom of Information Act

This Agreement and all attachments, as well as all other information submitted by the Contractor to the County, are subject to disclosure under the provisions of MCL 15.231, et seq., known as the “Freedom of Information Act”.

13. Intellectual Property

Any intellectual property created by the Contractor in the performance of the Services shall be considered a work made for hire, and any and all rights in such intellectual property shall belong solely to the County. Upon the County’s request, the Contractor agrees to execute any documents necessary to convey ownership of such intellectual property to the County.

14. Documentation and Record Keeping

14.1 Records to be Maintained

The Contractor shall maintain all records required by the Federal Regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. The Contractor’s financial management system must comply with the standards specified in 24 CFR 85.20. All records shall be made


available to the County and its representative. Such records shall include but not be limited to:

14.1.1. Records providing a full description of each activity undertaken;

14.1.2. Records demonstrating that each activity and undertaken meets one of the National Objectives of the program;

14.1.3. Records required to determine the eligibility of activities;

14.1.4. Records required to document the mortgage financing to eligible homebuyers;

14.1.5. Records documenting compliance with the fair housing and equal opportunity components of the HOME program;

14.1.6. Financial records as required by 24 CFR 570.502, and 24 CFR 85.20; and

14.1.7. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

14.2 Retention

The Contractor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.

14.3 Client Data

The Contractor shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Demographic data, not to be used for determination of eligibility, including race, ethnicity, and gender shall also be collected and


maintained by the Contractor. Such information shall be made available to County monitors or their designees for review upon request.

14.4 Disclosure

The Contractor understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or Contractor’s responsibilities with respect to services provided under this contract, is prohibited by State and Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

14.5 Close-outs

The Contractor’s obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Contractor has control over HOME funds, including program income.

14.6 Audits & Inspections

All Contractor records with respect to any matters covered by this Agreement shall be made available to the County, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Contractor within 30 days after receipt of the Contractor. Failure of the Contractor to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Contractor hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning Contractor audits and OMB Circular A-133.

15. Identity Theft Prevention

In the event that the Contractor will obtain identifying information during the performance of the Services, the Contractor must take reasonable precautions to


ensure that such identifying information is protected from unauthorized disclosure and is used only for the purpose of performing the Services.

For the purposes of this Paragraph, “identifying information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including but not limited to name, address, telephone number, social security number, date of birth, driver’s license number, taxpayer identification number, or routing code.

16. Independent Contractor

The Contractor and its agents and employees are independent contractors and are not the employees of the County.

17. Grant Terms

17.1 Compliance with Fair Housing Laws

The Contractor agrees to affirmatively further fair housing as required under Title I of the Housing and Community Development Act of 1974, as amended. The Contractor also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract.

17.2 Compliance with the HOME Program

The Contractor agrees to implement the HOME Program, more specifically described in Exhibit A, attached hereto and incorporated herein, subject to limitations set forth therein and terms and conditions set forth in 24 CFR Parts 91 and 92 (Exhibit E).

17.3 Annual Monitoring Requirement

The Contractor understands that projects assisted with Genesee County HOME Program funds may be monitored on an annual basis. The monitoring may consist of a project site visit to ensure the period of affordability.

17.4 Lead-Based Paint

The Contractor agrees to comply with provisions of 24 CFR §92.355 regarding lead-based paint use and abatement.

17.5 Recognition of Funding Source

The Contractor shall insure recognition of the role of the 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, the Contractor will include a reference to the support provided


herein in all publications made possible with funds made available under this Agreement.

17.6 Cost Principles

The Contractor shall comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for Nonprofit Organizations” or OMB Circular No. A-21, “Cost Principles for Educational Institutions,” as applicable, and all applicable Attachments (A, B, C, F, H, N, and O) to OMB Circular No. A-110.

The Contractor will abide by all applicable terms and conditions imposed on the County and required by the U.S. Department of Housing and Urban Development under 24 CFR Part 570, at Subpart K.

17.7 Reporting and Payment Procedures

17.7.1. Program Income

Sales proceeds generated by the sale of a home or property, owned by the County or another Contractor, shall be returned to County at the time of closing. As it occurs, the Contractor shall submit to the County all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with HOME Program funds. Program income earned from the monthly mortgage payments made by mortgagees will be remitted to the County for the duration of the loan. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the County.

Once program income is returned to the County, it will become available for additional lending activities as outlined within this agreement, Exhibit A.

17.7.2. Payment Procedures

The County will pay to the Contractor funds available under this Agreement based upon information submitted by the Contractor and consistent with any approved budget and County policy concerning payments. The County shall reimburse the Contractor for eligible costs once a month. Payment under this contract shall be made to the Contractor upon receipt of billing statements and the County’s


standard invoice voucher. The County retains the right to approve or reject reimbursement based on conformity with terms of this contract.

17.7.3. Performance Reports. The Contractor shall submit regular Performance Reports to the County in the form, content, and frequency as required by the County (see Exhibit B).

17.8 Procurement

17.8.1. Compliance

The Contractor shall comply with current County policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the County upon termination of this Agreement.

17.8.2. OMB Standards

Unless specified otherwise within this agreement, the Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48.

17.9 Use and Reversion of Assets

The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following:

17.9.1. The Contractor shall transfer to the County any HOME Program funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

17.9.2. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Contractor for activities under this Agreement shall be (a) transferred to the County for the HOME Program or (b) retained after compensating the County an amount equal to the current fair


market value of the equipment less the percentage of non-HOME Program funds used to acquire the equipment.

17.10 Prohibited Activity

The Contractor is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

17.11 Subcontracts

17.11.1. Monitoring

The Contractor will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.

17.11.2. Content

The Contractor shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.

17.12 Hatch Act

The Contractor agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

17.13 Conflict of Interest

The Contractor agrees to abide by the provisions of 24 CFR 84.42, 92.356 and 570.611, which include (but are not limited to) the following:

17.13.1. The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.

17.13.2. No employee, officer or agent of the Contractor shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

17.13.3. No covered persons who exercise or have exercised any functions or responsibilities with respect to HOME-assisted activities, or who


are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the HOME-assisted activity, or with respect to the proceeds from the HOME-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the County, the Contractor, or any designated public agency.

17.14 Lobbying

The Contractor herby certifies that:

17.14.1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement;

17.14.2. If any funds other than Federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and

17.14.3. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Contractors shall certify and disclose accordingly:

17.15 Lobbying Certification

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the


required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

17.16 Copyright

If this contract results in any copyrightable material or inventions, the County and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.

17.17 Religious Activities

The Contractor agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.

17.18 Copeland “Anti-Kickback” Act

Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3).

17.19 Davis-Bacon Act Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by Department of Labor regulations (29 CFR part 5).

17.20 Contract Work Hours and Safety Standards Act

Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by Department of Labor regulations (29 CFR part 5).

18. Personnel & Participant Conditions

18.1 Civil Rights

Title VI of the 1964 Civil rights Act, Section 60 states “no person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance” (23 CFR 200.9 and 49 CFR 21). The Civil Rights Restoration Act of 1987 broadened the scope of the Title VI, clarified the intent, and expanded the definition of the terms “programs and activities” to include all programs and activities of Federal-aid recipients, Contractors, and sub-contractors, whether


such programs are federally assisted or not (Public Law 100259 [S.557] March 22, 1988).

18.1.1. Compliance

The Contractor agrees to comply with provisions of Titles VI and VII of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; Executive Order 11063; and Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60) as amended by Executive Orders 11375, 11478, 12107 and 12086.

18.1.2. Nondiscrimination

The Contractor agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.

18.2 Affirmative Action

18.2.1. Approved Plan

The Contractor agrees that it shall be committed to carry out pursuant to the County’s Specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. Upon request the County shall provide Affirmative Action guidelines to the Contractor to assist in the formulation of such program.

18.2.2. Women, Minority, and Handicapped Owned Businesses (W/M/HBE)

The Contractor will use its best efforts to afford small businesses, minority business enterprises, handicapped owned business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and


women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and Alaskan/North American Indians. The Contractor may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

18.3 Notifications

The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Contractor’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

18.4 Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement

The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action Employer.

18.5 Subcontract Provisions

The Contractor will include the provisions of Paragraphs “Civil Rights” and “Affirmative Action” in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own Contractors or subcontractors.

19. Environmental Conditions

19.1 Air and Water

The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this agreement:

19.1.1. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other


requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

19.1.2. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

19.1.3. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).

19.2 Flood Disaster Protection

In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Contractor shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

19.3 Lead-Based Paint

The Contractor agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all HOME-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based pain. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, rick assessment, treatment and/or abatement may be conducted.

19.4 Historic Preservation

19.4.1. The Contractor agrees to comply with the Historic Preservation Requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.

19.4.2. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic


properties that are fifty years old or older or that are included on a federal, state, or local historic property list.

20. General Provisions

20.1 Entire Agreement

This Agreement, along with any Exhibits attached thereto, embodies the entire agreement between the Parties. There are no promises, terms, conditions, or obligations relating to the Services other than those contained herein. In the event of a conflict between this Agreement and any Exhibit, the terms of this Agreement shall control.

20.2 No Assignment

The Contractor may not assign or subcontract this Agreement without the express written consent of the County.

20.3 Modification

This Agreement may be modified only in writing executed with the same formalities as this Agreement.

20.4 Binding Effect

The provisions of this Agreement shall apply to and bind the heirs, executors, administrators, and assigns all of the parties hereto.

20.5 Headings

The paragraph headings in this Agreement are used only for ease of reference, and do not limit, modify, construe, and or interpret any provision of this Agreement.

20.6 Governing Law and Venue

This Agreement is entered into under the laws of the State of Michigan. Any litigation between the Parties arising out of this Agreement must be initiated


within two years of the cause of action accruing and must be brought in a court of competent jurisdiction in Genesee County, Michigan.

20.7 Severability and Survival

In the event that any provision of this Agreement is deemed by any court of competent jurisdiction to be legally ineffective, such decision shall have no effect on the remaining provisions of this Agreement.

20.8 Interpretation

Each Party has had opportunity to have this Agreement reviewed by legal counsel and has had equal opportunity to contribute to its contents. In the event of any dispute concerning the interpretation of this Agreement, there shall be no presumption in favor of any interpretation solely because the form of this Agreement was prepared by the County.

20.9 Remedies

All remedies specified in this Agreement are non-exclusive. The County reserves the right to seek any and all remedies available under this Agreement and applicable law in the event that the Contractor fails to abide by the terms of this Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized agents.

METRO COMMUNITY GENESEE COUNTY METROPOLITAN DEVELOPMENT PLANNING COMMISSION

____________________________ ______________________________

By: By: Ravi Yalamanchi, Executive Director Derek Bradshaw, Director-Coordinator Metro Community Development Genesee County Metropolitan Planning

Commission Date:________________________ Date:____________________________


EXHIBIT A

SCOPE OF SERVICES

Services

The Contractor will be responsible for qualifying, underwriting, processing, closing and servicing mortgages to qualified homebuyers utilizing up to $300,000 in HOME Program funds. Lending. The funding will be set up to provide homebuyers funds to acquire single-family properties. The Contractor will be responsible for increasing homeownership opportunities for very low-, low- and moderate-income families and persons by serving as the lender for HOME Program grant funds to be used for the purchase of residential properties.

The Contractor’s responsibilities will include the following activities eligible under the HOME Program:

1. Ensure prospective homebuyers have completed the minimum 8 hours of homebuyer counseling required by the U.S. Department of Housing and Urban Development (HUD) from a HUD approved agency (Exhibit C).

2. Conduct marketing outreach of the HOME Program to low income families; residents and tenants of public housing and manufactured housing and mobile home park tenants; and families receiving assistance from public housing agencies.

3. Ensure prospective homebuyers meet the HOME Program income qualifications, buyers’ income may not exceed 80% of Flint and Genesee County median family income. Median family income limits change at least yearly, the Contractor will be responsible for ensuring buyers meet the income limits at the time income is verified (current chart is attached in Exhibit D), pursuant to 24 CFR Parts 91 and 92 (Exhibit E).

4. Determine eligibility and underwrite the Loan Application Package and forward to the County HOME Program, and to the potential homebuyer, written notice of loan approval.

5. Contact Genesee County HOME Program to determine the availability of funds remaining prior to final loan approval.

6. Process, document and fund Buyer’s mortgages for the Project in all cases where Loan Application Packages have been approved by Contractor, according to all applicable laws, regulations, and Contractor policies and procedures and that have received final approval from the Genesee County HOME Program.


7. Assure the execution and recording of HOME Program Property Lien. Assure the Genesee County HOME Program receives the original Property Lien and a copy is kept in the Contractor’s file.

8. Submit documents to the Genesee County HOME Program prior to requesting final approval, including: certification of client income; loan application; Good Faith Estimate; property appraisal; and, request to the County for payment of the mortgage.

9. In cases where the buyer becomes delinquent with mortgage payments, the Contractor will be responsible for handling all foreclosure processes and procedures according to local, state and federal laws. After the foreclosure is complete and the property has been vacated, the property will be deeded to the Genesee County Land Bank Authority, free of any liens.

Servicing. The Contractor is also responsible for servicing the loans. Servicing the loans will begin once the loan has closed and will continue until the loan is fully amortized, is refinanced with another lender, the home is no longer owned by the initial purchaser or a foreclosure has been completed.

The Contractor’s responsibilities will include the following activities eligible under the HOME Program:

1. Credit reporting

2. Operating separate bank accounts for all escrow payments for taxes and insurance

3. Issuing checks, at least quarterly, to the County for program income earned

4. Communications and follow-up with the homeowner

5. Accounting necessary to apply payment appropriately

6. In cases where the buyer becomes delinquent with mortgage payments, the Contractor will be responsible for handling all foreclosure processes and procedures according to local, state and federal laws and regulations

7. After the foreclosure is complete and the property has been vacated, the property will be deeded to the Genesee County Land Bank Authority, free of any liens

8. Other duties typical of a loan servicer

Compensation. The Contractor shall be paid a flat processing and closing fee of $2,000 for each loan issued by the Contractor using HOME Program grant funds. The Contractor will be responsible for billing the County separately, after the loan has closed, for the processing and closing fees. The request for the processing and closing fee must


include an activity and time log. The log shall note the amount of staff time spent for/with the client and activities performed.

The Contractor will be paid $70 per month per loan to service the loan for the duration of the mortgage or until servicing is no longer required. The cost to service the loans may be adjusted based on the number of total loans being serviced by the Contractor. The Contractor and the County shall both agree to any change in the monthly servicing fee.

Program Income. Any funds earned from mortgage payments, servicing, etc. will be remitted to the County at a minimum of once a quarter. These funds will be designated first to ensure there is enough funding to service the loans throughout the life of the mortgage. If program income exceeds what is necessary to pay for the costs of servicing, additional projects may be funded under this contract.

Performance Monitoring. The County will monitor the performance of the Contractor against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. Completion of attached “Performance Report” is required to receive reimbursement for above listed activities (Exhibit B).


EXHIBIT B

PERFORMANCE REPORT METRO COMMUNITY DEVELOPMENT

Date: ____________________ Reporting Period: ____________________ to __________________________

This Reporting Cumulative Total Period Number of Households Assisted: _______________ ______________ Amount of Funding Disbursed: _______________ ______________

Loan Details: Name of Borrower: ________________________________

Household Size: __________ Household Income: ________________

Property Address: _________________________________

Sales Price: ___________________ Loan Amount: _______________

Closing Date: ___________________

Name of Borrower: ________________________________

Household Size: __________ Household Income: ________________

Property Address: _________________________________

Sales Price: ___________________ Loan Amount: _______________

Closing Date: ___________________

Use additional sheets as necessary.

_________________________ Submitted By: (Please print) ________________ _____________ ____________________ Signature Date


EXHIBIT C HUD Certified Housing Counseling Agencies

GREENPATH DEBT SOLUTIONS 2222 S. Linden Rd. Ste. D Flint, MI 48532 Toll-Free: (888) 860-4167 Website: www.greenpath.com Type of Counseling: Financial Management/Budget Counseling Mortgage Delinquency and Default Resolution Counseling Non-Delinquency Post Purchase Workshops Pre-purchase Counseling Pre-purchase Homebuyer Education Workshops Rental Housing Counseling Services for Homeless Counseling Affiliate of GREENPATH, INC. METRO COMMUNITY DEVELOPMENT, INC. 503 S. Saginaw Street, Suite 804 Flint, MI 48502 Phone: (810) 767-4622 Website: www.metro-community.org Type of Counseling: Fair Housing Pre-Purchase Education Workshops Financial, Budgeting and Credit Repair Workshops Home Improvement and Rehabilitation Counseling Mortgage Delinquency and Default Resolution Counseling Pre-Purchase Counseling Pre-Purchase Homebuyer Education Workshops Resolving/Preventing Mortgage Delinquency Workshops Services for Homeless Counseling Affiliate of: HOUSING PARTNERSHIP NETWORK MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY 735 E. Michigan Ave. Lansing, MI 48909 Phone: (517) 373-6840 E-mail: [email protected] Website: www.michigan.gov/mshda Type of Counseling: Fair Housing Pre-Purchase Education Workshops Financial Management/Budget Counseling Mortgage Delinquency and Default Resolution Counseling Non-Delinquency Post Purchase Workshops Pre-Purchase Counseling Pre-Purchase Homebuyer Education Workshops Predatory Lending Education Workshops

http://www.greenpath.com/

http://www.michigan.gov/mshda


EXHIBIT D

HOME Program Income Qualifications

FY 2015 MEDIAN FAMILY INCOME FOR FLINT AND GENESEE COUNTY -- $53,800

MAXIMUM DPA INCOME LIMITS

30% 50% 60% 80%

Household Size Extremely Low Very Low Low Income

Moderate

Income

Income Income

One Person $11,770 $19,000 $22,650 $30,350

Two Person $15,930 $21,700 $25,850 $34,700

Three Person $20,090 $24,400 $29,100 $39,050

Four Person $24,250 $27,100 $32,300 $43,350

Five Person $28,410 $29,300 $34,900 $46,850

Six Person $31,450 $31,450 $37,500 $50,300

Seven Person $33,650 $33,650 $40,100 $53,800

Eight Person $35,800 $35,800 $42,650 $57,250


EXHIBIT E

HOME REGULATIONS 24 CFR Parts 91 and 92

K:\cd\CDMTG\C&ED\2016\CDBG Transfer of Funds - February.docx VI B

MEMORANDUM






SUBJECT: Transfer of Community Development Program Funds

The following transfers were requested by the local units of government.

Amount To Project From Project Comments

$1,257.00 Recapture 2013 City of Fenton

Removal of Architectural Barriers

#2015

Project Completed

$4,295.00 Recapture 2013 City of Swartz Creek

Street Improvements

#2018

Project Completed

$12,161.48 Recapture 2014 City of Linden

Senior Center Improvements

#2161

Project Completed

$2,990.00 Recapture 2014 Clayton Township

Demolition of Blighted Structures

#2105

Project Completed

$5,000.00 Recapture 2014 Gaines Township

Special Assessment Assistance-

Ditching

#2097

Project Unable to

be Completed

$17,610.12 Recapture 2014 Gaines Township

Special Assessment Assistance-

Street Improvements

#2098

Project Completed

$2,062.37 2015 Legal Services

of Eastern Michigan

Fair Housing Center

#2156

2014 Legal Services of Eastern

Michigan

Fair Housing Center

#2104

Transfer Requested

$1,989.14 Recapture 2014 Mt. Morris Township

Senior Center Operations

#2083

Project Completed

$1,257.00 2015 City of Fenton

Senior Center

Operations

#2144

2015 City of Fenton

Needs Assessment for the

Underprivileged

#2143

Transfer Requested

$63,213.00 2016 Metro

Community

Development

HOME Affordable

Mortgage

2014 CHDO Reserve Funding Available

for New Project

$236,787.00 2016 Metro

Community

Development

HOME Affordable

Mortgage

2014 HOME HIP Funding Available

for New Project

$34,633.00 2016 Habitat for

Humanity

Rehab/New

Construction

2014 CHDO funds Funding Available

for New Project

At this time, the Genesee County Allocation Committee is recommending approval of

the Community Development Program fund transfers by the Community and Economic

Development Committee.

K:\cd\CDMTG\C&ED\2016\2016 CDBG funding pre-award request.docx VI C

MEMORANDUM






SUBJECT: 2016 CDBG Funding Pre-Award Request - City of Burton

The City of Burton is requesting a pre-award for their 2016 CDBG Infrastructure

Improvements Project in order to be able to disconnect City of Burton residents from the

City of Flint’s water as soon as possible. Pending approval from this Committee, GCMPC

staff will finish the environmental review and the project description will be sent to the U.S.

Department of Housing and Urban Development (HUD) for approval. The project funding

amount below is an estimate and will be updated to the actual funding amount before

the contract is signed. Staff hopes to have the project approved and sign the contract

in March of 2016. Please see the project description below.

City of Burton - Infrastructure Improvements

The City of Burton is proposing to install an 8 inch water main within the road right-of-way

on Hemphill Road from Cheyenne Street east to Dort Highway, then south on Dort

Highway approximately 500 feet to make a complete water loop. The water main to be

placed along Hemphill Road will be located within the City of Burton right-of-way. The

water main on Dort Highway will require securing permission from the Michigan

Department of Transportation. Once the water main is installed, the water main on

Cheyenne Street, Menominee Street, and Dort Highway will be disconnected and

capped on the north side of Hemphill Road and then connected to the new Burton water

main. This project will allow City of Burton residents to be taken off of City of Flint water.

These activities will be funded with $150,764.18 of 2016 Genesee County CDBG funds.

At this time, the Genesee County Allocation Committee is recommending approval of

the City of Burton’s pre-award request by the Community and Economic Development

Committee.

K:\cd\CDMTG\C&ED\2016\MBEG Request.docx VI D

MEMORANDUM






SUBJECT: 2016 Michigan Blight Elimination Grant – ROLL CALL VOTE REQUESTED

The Michigan Land Bank Fast Track Authority, through a grant provided by the

Michigan State Housing Development Authority (MSHDA), has issued the 2016 Michigan

Blight Elimination Program Statement and Application. The application is due Monday,

February 8, 2016 by 5:00 p.m.

The Genesee County Metropolitan Planning Commission (GCMPC), working with the

Genesee County Land Bank Authority (GCLBA), plans to submit an application for

funding. In order for GCMPC staff to put together the strongest application, we

requested that each local unit of government submit information on potential

demolition projects that fit specific criteria.

Six projects were submitted from three local units of government. After scoring the

projects based on the criteria we requested and the criteria the State will use to score

the applications, it was determined that the demolition of 5171 Saginaw Street in Mt.

Morris Township, formerly St. Francis Church located between Carpenter and

Coldwater Roads, would be the strongest application to the State.

The scoring system used by the Michigan Land Bank includes points for additional

investment, the more funds leveraged for a project, the more points awarded to the

application. Staff is requesting the approval of $40,000 of recaptured CDBG funds to

use as match toward this project.

The total project cost is expected to be approximately $375,000. The request to the

State will be for $250,000. Other funds are expected to be provided by Mt. Morris

Township and the GCLBA.

At this time, Genesee County Metropolitan Planning Commission staff is requesting a

recommendation of approval from the Community and Economic Development

Committee to approve the submittal of an application for the 2016 Michigan Blight

Elimination Program and for $40,000 of recaptured Community Development Block

Grant funds to be used as match funds for the project.

K:\cd\CDMTG\C&ED\2016\2016 DEQ Grant Proposal Memo - revised.docx VIII A

MEMORANDUM





Date: February 8, 2016

SUBJECT: 2016 Community Pollution Prevention Grant Program

The Department of Environmental Quality (DEQ) has requested proposals for the 2016

Community Pollution Prevention Grant. The grant is intended to support projects that

reduce and divert food waste. A priority will be placed on sustainable programs that can

be transferred or replicated in other communities or organizations. Proposals are due

February 29, 2016.

Staff seeks to apply for $37,500 in funding. The required 25% match funding will be

provided by the Solid Waste Program, in the amount of $12,500, for a total project cost

of $50,000. The project’s goal will be to complete waste audits and assessments for

organizations that generate large volumes of food waste. The audits and assessments will

identify waste streams, associated costs, provide recommendations for diverting waste

from landfills in a manner that provides cost savings, and will assist in implementing

desired changes. This pilot program is intended to be implemented locally, and

subsequently, replicated regionally. Staff hopes to partner with local organizations such

as schools, hospitals, universities, etc.

At this time, Genesee County Metropolitan Planning Commission staff is requesting a

recommendation of approval from the Community and Economic Development

Committee for the submittal of a proposal to the DEQ to implement a waste audit and

assessment pilot program.

Documents

BOARD COORDINATOR GENESEE COUNTY BOARD OF …gcmpc.org/wp-content/uploads/2016/03/2-8-16.pdf · income does not exceed 80% of Area Median Income. 3. Scope of Work . The Contractor