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File #: 10-0066    Version: 1 Name: 02/16/10 Amend to OCD Op Agree
Type: Resolution Status: Passed
File created: 2/16/2010 In control: City Council
On agenda: 2/16/2010 Final action: 2/16/2010
Enactment date: 2/16/2010 Enactment #: R-10-041
Title: Resolution to Approve Amendment to Operational Agreement between City of Ann Arbor and Washtenaw County for Office of Community Development
Attachments: 1. OCD Op Agree (amendment No 1).doc
Title
Resolution to Approve Amendment to Operational Agreement between City of Ann Arbor and Washtenaw County for Office of Community Development
Memorandum
Attached for your review and approval is a resolution to amend the Operational Agreement between the City of Ann Arbor and Washtenaw County for the Office of Community Development (OCD) to include additional funds:  $28,729 from CDBG-R, $85,000 from MHSDA-NSP, and $6,166 from HOME funds.
 
The Operational Agreement has been prepared to allow further collaborative efforts between the City and County and address issues that have arisen from operating a combined office.  On June 15, 2009, in Resolution R-09-224, Council authorized the existing City and County Operational Agreement  to be in place until June 30, 2010.  The FY 10 Operational Agreement included costs up to $150,933.00 to be paid to the County. This expenditure included management of the General Fund (Human Services contracts), Affordable Housing Trust Fund, City-related functions of the OCD, and the use of office space.
 
The administrative funds available for the CDBG-R and MSHDA-NSP grants were not included in the Operating Agreement because it was anticipated that the County would be the direct fiduciary for the grants from MSHDA and HUD.  However, both grants were allocated from FY 08 federal funds and thus, the City remains the direct fiduciary of the funding because the cooperative agreement participation went into effect as of July 1, 2009.  The City's participation in the Urban County covers funding awarded in FY 09, FY 10, and FY 11.  The FY 09 HOME funds were not included because it was anticipated they would be expended prior to the execution of the Operating Agreement.
 
The proposed amendment will increase the cost of the Operational Agreement and budget by $119,895, for a not-to-exceed total of $270,828.  The $119,895 needed for this amendment is available in the FY 2009 CDBG-R, FY 2009 MSHDA-NSP and FY 2009 HOME operating budgets.
 
The amendment to the operating agreement has been reviewed by both the City Attorney's Office and the County's Office of Corporation Counsel.
Staff
Prepared by:   Damon E. Thompson, Operations Manager
Reviewed by:  Mary Jo Callan, Community Development Director, Jayne Miller, Community Services Administrator
Body
Whereas, In October, 2004, the City and County created a joint Office of Community Development (OCD) to operate their respective Community Development Departments;
 
Whereas, In June, 2008, the City and County entered into an Urban County Cooperation Agreement covering the Community Development Block Grant Entitlement Program, HOME Investment Partnership Program, and Neighborhood Stabilization Program for the period of July 1, 2009 through June 30, 2012;
 
Whereas, City Council approved Resolution R-09-224 in Jun, 2009, authorizing the City of Ann Arbor and Washtenaw County to execute the Operational Agreement for the Office of Community Development;
 
Whereas, City Council also approved the expenditure of up to $150,933.00 in FY 10, as budgeted, for reimbursement to the County for all services provided to the City as stipulated under this OCD Operational Agreement;
 
Whereas, The current OCD Operational Agreement must be amended to include the administrative funds available for the City's CDBG-R, MSHDA NSP and HOME grants;
 
Whereas, The proposed amendment will increase the cost of the OCD Operational Agreement and budget by $119,895.00; and
 
Whereas, The $119,895.00 is available in the FY 2009 CDBG-R, FY 2009 MSHDA NSP and FY 2009 HOME budgets;
 
RESOLVED, That City Council approve the amendments to the City of Ann Arbor and Washtenaw County Operational Agreement for the Office of Community Development at a cost of $119,895.00 for a total contract amount not to exceed $270,828.00 to be expended during the term of the contract without regard to fiscal year;
 
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the Amendment to the City of Ann Arbor and Washtenaw County Operational Agreement for the Office of Community Development consistent with this resolution, subject to approval as to substance by the City Administrator and approval as to form by the City Attorney; and
 
RESOLVED, That the City Administrator be authorized to take all necessary administrative actions to implement this resolution.