3.05.070 Functions and powers of the commission.
(1) The commission is authorized to perform all the functions and services and exercise all the powers enumerated herein and in other pertinent federal laws and regulations including but not limited to:
(a) Assessing tribal housing needs and developing a tribal housing plan.
(b) Applying for and administering governmental or private housing funds for the benefit of tribal housing.
(c) Commission shall be responsible, on behalf of and in the best interest for housing of the Robinson Rancheria tribal members.
(d) The commission shall supervise, monitor and be responsible for solicitation, awarding and contracting architectural and design services and construction services for the housing commission in compliance with HUD ICDBG regulations and tribal law as well as the day-to-day work performance of the selected contractor(s) and grant administrator(s) on a regular basis; and
(e) As per its charter, the commission shall advocate, solicit and coordinate housing development and maintain efforts, including entering into agreements, arbitrating, compromising, negotiating, and settling disputes resulting from design, construction or other activities under the ICDBG award, and from holding funds from any source; and
(f) The commission shall be responsible for the procurement process(es), the building activities and building costs; compliance with applicable rules and regulations, building specifications; program expenditures, development and submittal of progress reports, revising documentation and schedules, the activities of outside sources, and close-out of the program; and specifically shall generate, maintain, preserve and route records and reports as follows to insure full compliance with HUD ICDBG requirements (copies of all documents required by subsections (1)(f)(i) through (1)(f)(vi) of this section shall be provided to the commission):
(i) The commission shall be responsible for submitting documentation of all procurement actions prior to solicitation to HUD for review and approval.
(ii) The commission shall be responsible for submitting the Annual Status and Evaluation Report to HUD no later than November 1st of each year the grant remains open/active. The tribe will submit separate ASERs for any other open ICDBGs.
(iii) The sub-recipient shall be responsible for submitting the Minority Business Enterprise Report (form 2516) to HUD no later than October 15th of each year the grant remains open/active.
(iv) The sub-recipient shall be responsible for submitting revised Implementation Schedules (form HUD-4125) and narrative justification to HUD whenever the project implementation becomes more than 60 days behind schedule for final approval.
(v) The sub-recipient shall be responsible for submitting revisions to the project budget in the form prescribed by the tribal finance office whenever previously approved budget line items are changed by more than 10 percent. Any revisions to the project budget which result in either increasing or decreasing the amount of ICDBG funds allocated for administration and planning must be submitted by the sub-recipient on the Cost Summary (form HUD-4123) to HUD for final approval.
(vi) The sub-recipient is responsible for submitting the Final Narrative Status Report, the Closeout Agreement and the Financial Status Report (SF-269A) to the tribe within 45 days of project completion. The tribe will review and submit the final documents to HUD within 60 days of project completion.
(vii) The Robinson Rancheria finance office is responsible for submitting the quarterly Cash Transaction Reports for the grant to HUD within 15 days from the end of each calendar year quarter.
(viii) Robinson Rancheria finance office is responsible for accessing ICDBG funds through the Electronic Line of Credit Control System (eLOCCS).
(ix) The Robinson Rancheria finance office is responsible for maintaining access to eLOCCS throughout the term of the grant and to submitting any required forms/documents to change/update the information maintained within the eLOCCS system for the Robinson Rancheria ICDBG program.
(x) The sub-recipient is responsible for submitting to the Robinson Rancheria finance office copies of all contracts and obligations related to the project. The sub-recipient is responsible for submitting to the Robinson Rancheria finance office invoices/draw requests/obligations no later than 10 days from when the obligation is due. The sub-recipient is responsible for submitting sufficient documentation to support the drawdown of ICDGB funds. The Robinson Rancheria finance office and sub-recipient are responsible for maintaining the financial records of the project and assuring that there is compliance with applicable regulations and the approved Cost Summary for all ICDBG funds expended.
(xi) The Robinson Rancheria finance office and the commission are responsible for complying with A-133 audit requirements related to this project.
(xii) The sub-recipient shall comply with the program income requirements set forth in 24 C.F.R. Section 85.25.
(g) The commission shall continue, as chartered by the Robinson Rancheria, to perform such activities as a Robinson Rancheria sub-recipient as well as follow regulatory and programmatic rules associated with the ICDBG program.
(3) Availability of Funds.
(a) In order for the Robinson Rancheria housing commission to complete its tasks, both administratively and in the actual construction of the housing, the total amount to be paid by the Robinson Rancheria to the commission is the total cost of the HUD grants to meet the objectives originally specified in the grant application. Robinson Rancheria housing commission shall utilize the attached budget based on the HUD approved “Cost Summary” as its official budget for implementing and administering its activities. The Cost Summary becomes part of this agreement; and
(b) The Robinson Rancheria finance office will pay for obligations incurred by the commission from funds available under this contract based upon information submitted by the commission and consistent with any approved budget. Until the Southwest Office of Native American Programs (SWONAP) determines that the drawdowns are in compliance with its regulations, the Robinson Rancheria finance office must submit a revenue and expenditure report for all ICDBG drawdowns. Advances may only be drawn down for those obligations for which expenditures will be paid within three days. Payments will be made against the line item budgets specified in the Cost Summary and in accordance with performance. Payments will be adjusted by the Robinson Rancheria finance office in accordance with advance fund and program income balances available in commission accounts; and
(c) The commission shall report as requested to the business council at its regularly scheduled meetings regarding the dispersal of such funds, and shall present to the business council any formal requests for additional or supplemental funding needs in advance of the needs for such funds in compliance with the business council and finance office should such a need occur.
(4) Schedule of Completion of the Work.
(a) The original “Implementation Schedule” (HUD Form 4125), or any revision of such form, once accepted by the Department of Housing and Urban Development, or its designated representative, shall be utilized by the commission as its official schedule for completing and monitoring its work activities; and
(b) The schedule for work completion shall not be revised or amended so as to extend beyond any time frame specified or recommended by HUD or ICDBG regulatory requirements unless approved by HUD per federal guidelines.
(5) Establishment and Maintenance and Records and Reports.
(a) Robinson Rancheria finance office shall maintain financial records on behalf of the commission for purposes of the ICDBG housing project. In addition, the commission shall maintain such records, including those documents specified in Section IA(4) of this agreement, which are inclusive of but not limited to supporting financial records, bid documents, and all other pertinent records sufficient to reflect properly all direct and indirect costs incurred to perform this and related housing construction activity; and
(b) The commission shall submit, prior to award, all requests for proposals, invitation for bids, selection documentation, and contract documents to the Southwest Office of Native American Programs so as to ensure compliance with procurement requirements.
(c) The commission shall maintain such reports that are developed to correspond the progress of the HUD grant activity to the business council, HUD, and/or other entities requesting information; and
(d) The commission shall be responsible for the maintenance and retention of records and reports as is required by law, including but not by U.S. OMB Circular A-87 and regulations of the U.S. Department of Housing and Urban Development; and
(e) The commission shall agree to provide the business council with reasonable written reports upon request.
(6) Preservation of Records and Reports.
(a) The commission shall preserve and make available its records and reports related to the HUD ICDBG award for a period of five years from the program close-out should the project be funded; and
(b) The commission shall retain these records and reports beyond this period of time until and possible litigation, audit findings, or claim has been finally resolved.
(7) Housing Administration Functions. The commission shall:
(a) Undertake and administer housing projects, including but not limited to housing construction, rehabilitation, repair, maintenance, rentals, leases and sales.
(b) Setting qualifications and criteria for occupancy, and setting and revising and collecting rents.
(c) Leasing property from the tribe and others for such periods as is unauthorized by law, and to hold and manage or to sublease the same.
(d) Subject to business council approval, borrowing money and issuing temporary or long-term evidence of indebtedness, and to repay the same. Tribal or joint powers bonds may be issued and repaid in accordance with tribal policies and applicable law.
(e) Subject to prior business council approval, pledging assets and receipts of the commission as security for debts, and acquiring, selling, leasing, exchanging, and transferring or assigning personal property or interests therein.
(f) Causing to be prepared regular financial statements and annual audits of the commission.
(g) Developing rules and regulations for commission operation, and for occupancy and eviction, rental, and care of land management of its housing units.
(h) Appointing and removing the tribal housing director and all agents and employees as set out in the applicable personnel policies; prescribing powers and duties for them that are consistent with law, and with this chapter; and requiring from them faithful performance of their duties.
(i) By commission resolution and business council approval only, entering into agreements and contracts with any other tribe or tribal entity, governmental agency, or private business or person pertaining to the business of the commission and accepting and federal conditions attached to such contracts. Unless so authorized, no commission officer, agent or employee shall have any power or authority to bind the commission by contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.
(j) Electing from the commission delegates to statewide and national tribal organizations of which the commission is a member.
(k) Purchasing on behalf of the tribe with prior business council approval, land or interests in land or taking the same by gifts.
(l) Purchasing supplies, equipment, insurance and services; provided, that all such property is used exclusively to fulfill the commission purpose and within previously approved budgets.
(m) Investing such funds as are not required for immediate disbursement, provided such investments are prudent and comply with policies approved by the tribe.
(n) Joining or cooperating, with the advice and consent of the business council, with other similar agencies or organizations in the exercise, either jointly or otherwise, of any or all of the powers of the commission.
(o) Adopting such bylaws, as the commission deems necessary and appropriate, providing they are not in conflict with this chapter, tribal law or federal law.
(p) Taking such further actions as are commonly engaged in by tribal entitles and/or other organizations of this character as the commission may deem necessary and desirable to effectuate the purposes of the commission.
(q) Engaging in all other tribal housing-related function and services. [Ord. 15-02 § 7, 2015.]