HomeMy WebLinkAboutResolutions - 2010.11.18 - 10248MISCELLANEOUS RESOLUTION #1030 November 18, 2010
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS -
ACCEPTANCE OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FY 2009 EDI — SPECIAL PROJECTS GRANT AND AUTHORIZATION OF SUBRECIPIENT
AGREEMENT WITH ALTAIR CLEAN TECHNOLOGY CENTER, LLC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the United States Department of Housing and Urban Development (HUD) has awarded the
Department of Economic Development and Community Affairs a Fiscal Year 2009 EDI — Special Projects
grant in the amount of $380,000 beginning in 2010; and
WHEREAS this is the fi -st year of grant acceptance for this program; and
WHEREAS no new positions are reouired to implement or administer this grant and there is no match
requirement; and
WHEREAS the grant funding will be used toward the renovation of a building to house an advanced
manufacturing incubator as the centerpiece and first phase of a new private/public initiative titled
"Southeast Michigan Advanced Energy Efficiency Center of Excellence"; and
WHEREAS the Altair Clean Tech Center LLC will enter into a memorandum of agreement with Oakland
County pertaining to this grant; and
WHEREAS acceptance of the grant does not obligate the County to any future commitments; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY
2009 for an Economic Development Initiative (ED]) — Special Project grant from the United States
Department of Housing and Urban Development (HUD) in the amount of $380,000.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the creation
under this grant agreement of the Advanced Manufacturing Incubator, in a facility located at 164 Incluse°
Court, Troy. Michigan,
BE IT FURTHER RESOLVED that the subrecipient agreement with Altair Clean Tech Center LLC enables
Oakland County to allocate grant funds to the subrecipient toward the renovation of a facility to implement
the incubator project and to obligate the subrecipient to follow the requirements of the grant.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the grant agreement
on behalf of Oakland County and to approve grant changes and extensions, within fifteen (15%) of the
original award. which are consistent with the original agreement.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the subrecipient
agreement on behalf of Oakland County with Aitair Clean Tech Center LLC and to approve changes and
extensions, within fifteen {15%) of the original agreement. which are consistent with the original
agreement.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jacobsen absent.
GRANT REVIEW SIGN OFF Economic Development &
Community Affairs
GRANT NAME: Fiscal Year 2009 Economic Development Initiative Special Projects
FUNDING AGENCY: U.S. Dept. of Housing and Urban Development
DEPARTMENT CONTACT PERSON; David Schreiber 8 -0792
STATUS: Grant Acceptance
DATE: October 29, 2010
Pursuant to Misc. Resolution #01320, please bc advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolutior, the grant agreement/contract, Finance Committee Fiscal
Note, and this Sign Off email containing grant review comments) may be requested to be placed on the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (10/26/2010)
Department of Human Resources:
Approved. - Cathy Shallal(10/26/2010)
Risk Management and Safety:
Approved by Risk Management. — Andrea Plotkowski (10126/2010)
Corporation Counsel:
There are no outstanding legal issues concerning the grant Agreement or Subrecipient Agreement.
— Mellen Shortley Blasz.czak (10/26/2010)
COMPLIANCE
The grant agreement references an extensive number of federal and/or state regulations, including several
concerning Minority and Women's Business Enterprise. Please refer to the documents for specifically
cited conapliance requirements for this grant.
FY 2009 EDI-SPECIAL PROJECT NO. B-09-SP-MI-0350
GRANT AGREEMENT
This Grant Agreement between the Department of Housing and Urban
Development (HUD) and County of Oakland (the Grantee) is made pursuant to the
authority of Public Law 111-8 (Department of Housing and Urban Development
Appropriations Act, 2009) and a listing of certain specific Economic Development
Initiative Special Projects specified in the Committee Print of the Committee on
Appropriations U.S. House of Representatives, March 2009. The Grantee's application,
as may be amended by the provisions of this Grant Agreement, is hereby incorporated
into this Agreement.
In reliance upon and in consideration of the mutual representations and obligations
hereunder, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in
the amount of $380,000 available to the Grantee,
The Grantee agrees to abide by the following:
ARTICLE I. HUD Requirements.
The Grantee agrees to comply with the following requirements for which HUD
has enforcement responsibility.
A. The grant funds will only be used for activities described in the application, which is
incorporated by reference and made part of this Agreement as may be modified by
Article VII (A) of this Grant Agreement.
B. EQUAL OPPORTUNITY REQUIREMENTS
The grant funds must be made available in accordance with the following:
I. For projects involving housing, the requirements of the Fair Housing Act (42
U.S.C. 3601-20) and implementing regulations at 24 CPR Part 100; Executive
Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24
CFR Part 107.
2. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing
regulations issued at 24 CFR Part 1.
3. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at
24 CFR Part 146, and the prohibitions against discrimination against handicapped
individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations at 24 CFR Part 8.
4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the
requirements of Executive Order 11246 (Equal Employment Opportunity) and the
implementing regulations issued at 41 CFR Chapter 60.
5, For those grants funding construction covered by 24 CFR 135, the requirements
of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.C.
1701u) which requires that economic opportunities generated by certain HUD
financial assistance shall, to the greatest extent feasible, be given to low- and very
low-income persons and to businesses that provide economic opportunities for
these persons.
6. The requirements of Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise), and 12138 concerning Women's Business Enterprise).
Consistent with HUD's responsibilities under these Orders, the Grantee must
make efforts to encourage the use of minority and women's business enterprises
in connection with grant funded activities. See 24 CFR Part 85.36(e), which
describes actions to be taken by the Grantee to assure that minority business
enterprises and women business enterprises are used when possible in the
procurement of property and services.
7. Where applicable, Grantee shall maintain records of its efforts to comply with the
requirements cited in Paragraphs 5 and 6 above.
C. ENVIRONMENTAL REVIEW REQUIREMENTS.
1. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an
Alaskan Native Village, the Grantee agrees to assume all of the responsibilities
for environmental review and decision- making and actions, as specified and
required in regulations issued by the Secretary pursuant to the Multifamily
Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part
58.
2. If the Grantee is a housing authority, redevelopment agency, academic institution,
hospital, or other non-profit organization, the Grantee shall request the unit of
general local government, Indian Tribe, or Alaskan Native Village, within which
the project is located and which exercises land use responsibility, to assume all of
the responsibilities for environmental review and decision-making as specified in
paragraph C.1 above, and the Grantee shall carry out all of the responsibilities of a
recipient under 24 CFR Part 58.
D. Administrative requirements of OMB Circular A-133 "Audits of States, Local
governments and Non-Profit Organizations."
E. For State and Local Governments, the Administrative requirements of 24 CFR Part
85, including the procurement requirements of 24 CFR Part 85.36, and the
requirements of OMB Circular A-87 regarding Cost Principles for State and Local
Governments. For Non-Profits, the Administrative requirements of 24 CFR Part 84,
including the procurement requirements of 24 CFR Part 84.40, and 0lvil3 Circular A-
122 regarding Cost Principles for Non-Profit Institutions. For Institutions of Higher
Education the applicable OMB Circular regarding Cost Principles is A-21.
F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that
the Grantee obtain certifications and disclosures from all covered persons.
G. The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Workplace,
H. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24.
I. The Grantee will comply with all accessibility requirements under section 504 of the
Rehabilitation Act of 1973 (29 LS.C. 794) and implementing regulations at 24 CFR
Part 8, where applicable.
3. The regulations at 24 CFR Part 35, where applicable, regarding Lead-Based Paint
Poisoning Prevention in Certain Residential Structures,
K. The regulations at 24 CFR Part 5.109, where applicable, regarding Equal
Participation of Religious Organizations in HUD Programs and Activities.
ARTICLE IL Conditions Precedent to Draw Down.
The Grantee may not draw down grant funds until the following actions have taken place:
A. The Grantee has received and approved any certifications and disclosures required by
24 CFR 87.100 concerning lobbying.
B. Any other conditions listed in Article VII (C) of this Grant Agreement.
ARTICLE III. Draw Downs.
A. A request by the Grantee to draw down grant funds under the Voice Response Access
system or any other payment system constitutes a representation by the Grantee that it
and all participating parties are complying with the terms of this Grant Agreement.
B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the
time elapsing between ir anger of the grant funds and disbursement for project
purposes and otherwise follows the requirements of 24 CFR Part 85 cr Part 84 and
Treasury Circular 1075 (31 CFR Part 205).
C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which
are exempt from environmental review under 24 CFR Part 58 and may charge the
costs to the grant
ARTICLE N Progress Reports.
A. The Grantee shall submit to the Grant Officer a progress report every six months after
the effective date of the Grant Agreement. Progress reports shall consist of (1) a
narrative of work accomplished during the reporting period and (2) a completed
Financial Status Report - Form 269 A.
HUD may require additional information or increased frequency of reporting as
described in Article VII ( C ),
B. The performance reports must contain the information required under 24 CFR Part
85.40 or 24 CFR Part 84.51, as applicable including a comparison of actual
accomplishment to the objectives indicated in the approved application, the reasons
for slippage if established objectives were not met, and additional pertinent
information including explanation of significant cost overrtms.
C. No grant drawdowns will be approved for projects with overdue progress reports.
ARTICLE V Project Close-out.
A. The grantee shall submit to the Grant Officer a written request to close-out the grant
30 days after the grantee has drawn down all funds and completed the activities
described in the application, as may be amended. The final report shall consist of (1)
a narrative of all work accomplished during the prcject period and (2) a completed
Financial Status Report - Form 269 A covering the entire project period.
Him will then send the Close-out Agreement and Close-out Certification to the
Grantee. At HUD's option, the Grantee may delay initiation of prcject close-out until
the resolution of any HUD monitoring findings. If HLTD exercises this option the
Grantee must promptly resolve the findings.
B. The Grantee recognizes that the close-out process may entail a review by HUD to
determine compliance with the Grant Agreement by the Grantee and all participating
parties. The Grantee agrees to cooperate with any review in any way possible,
including making available records requested by HUD and the project for on-site
HUD inspection.
C. The Grantee shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Close-out Agreement.
3. A final financial report giving the amount and types of project costs charged
to the grant (that meet the allowability and allocability requirements of OMB
Circular A-122, A-87 or A-21 as applicable, including the "necessary and
reasonable" standard); a certification of the costs; arid the amounts and
sources of other project funds.
4. A final performance report providing a comparison of actual accomplishments
with each of the project commitments and objectives in the approved
application, the reasons for slippage if established objectives were not met and
additional pertinent information including explanation of significant cost
o verruns.
D. The Grantee agrees that the grant funds are allowable only to the extent that the
project costs, meeting the standard of OMB Circular A-122, A-87 or A-21 as
applicable, equal the grant amount plus other sources of project funds provided.
E. When HUD has determined that the grant funds are allowable, the activities were
completed as described by the Grant Agreement, and all Federal requirements were
satisfied, HUD and the Grantee will sign the Close-out Agreement and Close-out
Certificate.
F. The Close-out Agreement will include the Grantee's Agreement to abide by any
continuing federal requirements,
ARTICLE VI. Default
A default under this Grant Agreement shall consist of using grant funds for a
purpose other than as authorized by this Agreement, any noncompliance with legislative,
regulatory, or other requirements applicable to the Agreement, any other material breach
of this Agreement, or any material misrepresentation in the application submissions.
ARTICLE VII. Additional Provisions.
A. Project Description. The project is as described in the application with the following
changes:
B. Changes or Clarification to the Application Related to Participating Parties:
The Administrative Agent if any:
C. Special Conditions:
The 2009 HUD Appropriaitons Act provides that no funds made available
under the Act may be used to support any Federal, State or local projects that
seek to use the power of eminent domain, unless eminent domain is employed
only for a public use. For purposes of this provision, public use shall not be
construed to include economic development that primarily benefits private
entities.
U.S. Department of Housing
and Urban Development
County of Oakland
Mr. Bill Bullard
Authorized Signature Authorized Signature
Robert Duncan
Associate Deputy Assistant Secretary
for Economic Development
Date Date
Title
Fiscal Year 2009 Economic Development Initiative (EDI) funds
Provided to the Department of Housing and Urban Development (HUD)
Funding for Special Projects identified in P.L. 111-8
Subrecipient Agreement Between the
County of Oakland and Altair Clean Technology Center, LLC
I. INTRODUCTION
This Agreement is entered into by and between the County of Oakland. a Michigan constitutional corporation (herein
called the "Grantee"), and Altair Clean Technology Center, LLC, located at 164 Indusco Court, Troy, Michigan
(herein called the "Subrecipient") in accordance with Grant Number B-09-SR-MI-0350 between Grantee and HUD
(herein called the "Grant"). The Grantee has been designated to receive funds for a special project specified in the
Committee Print of the Committee on Appropriations U.S. House of Representatives on P.L. 111-8 (Legislative Text
and Explanatory Statements), The Grantee has been awarded a federal earmark for a project titled "Oakland
County, MI for creation of the OU INC-Troy Wet Lab and Advanced Manufacturing Incubator" (herein called the
"Incubator"). The Grant is in the amount of three hundred eighty thousand dollars ($380,000).
The Grantee has the right and authority under the Grant to allocate its funds to the Subrecipient for the purposes
specified in the Grant This Agreement is subject to the terms and conditions of the Grant Agreements as approved
by the Oakland County Board of Commissioners by resolution on file with the Oakland County Clerk. It is the
purpose and intent of this Agreement to enable the Grantee to allocate Grant funds to the Subrecipient toward the
renovation of a Facility to implement the Incubator project and to obligate the Subrecipient to follow the requirements
of the Grant. The Facility shall be located at 164 Incluse° Court. Troy, Michigan (herein called the 'Facility"). The
following statements and provisions are acknowledged and agreed upon by and between the Parties:
II. EFFECTIVE DATE
This agreement will take effect on the date signed by the responsible parties. Unless otherwise terminated or
cancelled as provided herein shall end three (3) years after occupancy by the first tenant of the incubator at which
time this Agreement expires without any further act or notice of either Party required. The three (3) year period will
be suspended it, do to an act-of-god; the facility can not be occupied for a period of time. The three (3) year period
will resume when tenants once again occupy the facility.
III. ENVIRONMENTAL REVIEW
No funds may be committee by Grantee to the Subrecipient until an environmental review is complete and is
approved by HUD. Funds may not be released by Grantee until it has received written notice from HUD that it has
approved the release of funds. The environmental review responsibilities shall be borne by the Grantee using
information and/or reports provided by the Su brecipient in accordance with the HUD environmental review process
outlined in the Grant. The Subrecipient agrees to provide the Grantee, and any Contractors retained by Grantee or
the City of Troy, all necessary information to complete the environmental review to the standards required by HUD.
IV. GENERAL CONDITIONS
A. General Compliance. The Subrecipient agrees to comply with all requirements of the Grant between Grantee
and HUD as well as all applicable HUD Requirements for Grants to State Governments provided in 24 CFR
85. The Subrecipient further agrees to comply with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this Agreement.
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B. Lobbying Certification. The Subrecipient certifies that no funds from this Agreement may be expended to pay
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 making of this Grant. If funds other than the EDI funds have been or will be paid for influencing or
attempting to influence the persons listed above, the Subrecipient shall complete and submit HUD Standard
Form LLL, disclosure of Lobbying Activities to Grantee. The Subrecipient further agrees and certifies that it will
require all sub awards, including contracts to similarly certify and disclose accordingly.
C. Relationship of Grantee and Subrecipient. For purposes of this Agreement, the relationship of the
Subrecipient to the Grantee shall be that of two independent legal entities. No partnership, association, or joint
enterprise shall arise between the Parties hereto as a result of any provision of this Agreement except as
specified in the Grant, nor shall any provision herein be construed as making an employee of the Subrecipient
an agent or employee of the Grantee.
D. Hold Harmless, The Subrecipient she!e indemnify, defend, and hold harmless the Grantee, its officials,
volunteers, boards, commissions, and agents against any and all expense and liability arising from any act,
omission, or negligence of the Subrecipient. In the event the Subrecieient oecomes involved in, or is
threatened with, litigation relative to the HUD program EDI funds under this Agreement, the Subrecipient shall
immediately notify the Grantee through the Deputy County Executive —Economic Deveiopment. The Grantee
may enter into such Ftigation to protect the interests of the Grantee as tney may appear.
E. Workers' Compensation. The Subrecipient shall provide Workers' Compensation Insurance coverage for al i of
its employees involved in the performance of this Agreement.
F. Insurance & Bonding. The Subrecipient shall assume all liability related to the Facility. The Subrecipient shall
provide and keep in full force and effect through the term of this Agreement the following insurance:
1. Corn mercial general liability insurance with respect to operation of the Facility for bodily injury or death,
and for damage to property of others, with policy limits as reasonably determined by Subrecipient or as
required by Subrecipient's Mortgagee.
2. Fire and casualty insurance with extended coverage ei 'dor bei lents in such reasonable amounts and
with such reasonable deductibles as may be determined by Subrecipient or as required by
Subreciplent's Mortgagee.
3. Such other insurance on the Facility as Subrecipient reasonable deems advisable.
G. Notification of Legal Action. The Subrecipient shall notify the Grantee, through the Deputy County Executive —
Economic Development, in writing, of its intent to pursue a claim against the Grantee for breach of any of the
terms of this Agreement. No suit may be commenced by the Subrecipient for breach of this Agreement prior to
the expiration of ninety days from the date of such notification. Within this ninety-day period, the Subrecipient,
at the request of the Grantee, must meet with an appointed representative of the Grantee for purposes of
attempting to resolve the dispute.
H, Amendments.
1. Any amendments made to the Grant by HUD shall automatically become amendments to this
Agreement. The Grantee may, in its discretion, amend this Agreement to conform to requirements of
HUD or other federal, state or local governmental guidelines, policies and available funding amounts, or
for other reasons.
2. The Grantee and Subrecipient may amend this Agreement at any time provided that such amendments
are executed in writing, signed by a duly authorized representative of each organization, and are
approved by the Grantee. Such amendments shall not invalidate this Agreement, nor relieve or release
the Grantee or Subrecipient from its obligations under this Agreement.
Page 2 of 6
I. Suspension or Termination.
1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
Subrecipient materially fails to comply with any term of this Agreement. Written suspension or
termination notice will be sent to the Subrecipient by the Grantee to the Subrecipient's business
address. The Subrecipient's termination or its suspension or termination by the Grantee or HUD
for program noncompliance does not relieve it of the obligations concerning Record Retention (24
CFR 85.42), nor of being monitored and/or audited by Oakland County or HUD regarding the
program performance prior to termination or suspension.
2. The Grantee's sole obligation in the event of termination is for payment of actual renovation
expenses incurred by the Subrecipient subject to tne Subrecipient meeting the requirements in this
Agreement.
3. This Agreement shall automatically terminate if the Subrecipient fails to expend funds for renovation
of the Facility prior to September 30, 2016. The Grantee shall immediately return to HUD all
unobligated EDI funds at the end of the expenditure deadline.
4. Upon termination of the Agreement prior to the expiration date, the Subrecipient shall repay the
Grantee the entire amount of funds provided to the Subrecipient. The Grantee shall return these
funds to HUD. In the event that Grantee has not provided any funds to the Subrecipient prior to
termination, tne Grantee shall return to HUD any monies it has received but not transmitted to the
Su brecipient.
J. Release of Funds Requirements. In no event shall the Grantee be obligated to reimburse the Subrecipient for
any amount of renovations in excess of three hundred eight thousand dollars ($380,000). The Grantee shall
only reimburse the Su brecipient for actual costs of renovations, subject to the conditions below. If actual costs
are less than $380,000, the Grantee shall, subject to the conditions below, reimburse the Subrecipient for the
actual costs and return the unexpended Grant funds to HUD. Once the Grantee receives funding from HUD
under this Agreement, it will release funding to the Subrecipient based on the following milestones:
1. The Grantee shall release one hundred ninety thousand dollars ($190,000) in funding to the
Subrectpient after it has received funding of that amount from HUD.
2. The Grantee shall provide the Subrecipient with an additional ninety five thousand dollars ($95,000)
upon the Subrecipient providing the Grantee with a copy of an approved Certificate of Occupancy
by the City of Troy as well as a copy of the As-Built Drawings for the Facility.
3. The Grantee reserves the right to make Dartial payment of the final payment pending resolution of
all requirements. The Grantee shall release the final payment of up to ninety five thousand dollars
($95,000), upon the Subrectpient demonstrating evidence of all of the following:
i. The entire actual cost of renovations under this Agreement totals or exceeds $380 1000. If
the actual cost or renovations is less than $380,000, the Grantee shall only provide funds to
the Subrecipient in the amount of the total cost of the renovations.
ii. All current financial reporting requirements under this Agreement have been met and
copies of all documentation have been provided and reviewed by the Grantee.
iii. All renovations to the Incubator portion of the Facility and other requirements of this
Agreement have been completed to the satisfaction of the Grantee, whose approval shall
not unreasonably be withheld.
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V. ADMINISTRATIVE REQUIREMENTS
A. Financial Management.
1. Accounting Standards: The Subrecipient agrees to comply with 24 CFR 85.20 and agrees to adhere to
the accounting principles and procedures required therein, utilize adequate internal controls and
maintain necessary source documentation for all costs incurred.
2. Cost Principles: The Subrecipient shall administer its program in conformance with applicable
requirements of OMB Circular A-87 'Cost Principles for State and Local Governments", OMB Circular
A-1 33 "Audits of States and Local Governments and Non-Profit Organizations" and 24 CFR 85 "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments".
B. Documentation and Record Keepine.
1. Records to be Maintained: The Subrecipient shall maintain all records required by the Federal
regulations that are pertinent to the activities to be funded under this Agreement,
2. Retention: The Subrecipient shall comply with all HUD requirements for retention and access to records,
including 24 CFR 85.42. Records shall be retained for a three (3) year period beginning from the date of
disposition or transfer of property.
3. Disclosure: Records are public to the extent allowed by State and Federal Freedom of Information Act
laws.
4. Monitoring, Audits and Inspections: All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to the Grantee, grantor agency, and the Comptroller Genera) of the
United States or any of their authorized representatives, at anytime during normal business hours, as
often as deemed necessary, to monitor, audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 60 days
after receipt by the Subrecipient. Failure of the Subrecipient to comply with the aPove audit
requirements will constitute a violation of this Agreement and may result in the withholding of future
payments. The Subrecipient shall also comply with the provisions of the Single Audit Act of '1984, if
applicable. The Subrecipient agrees to cooperate with any review by HUD in any way possible,
including making available records requested by HUD and the Facility for on-site HUD inspection.
C. Procurement.
1. The Subrecipient shall comply with all HUD procurement requirements provided in 24 CFR 85.36 and
as may be amended. These requirements are attached and incorporated into this Agreement.
2. The Subrecipient shall provide Grantee with evidence such as paid receipts, which demonstrate the
Subrecipient has spent all of the S380,000 from this Grant for renovation, as required herein.
3. All persons, agencies, suppliers, organizations, etc. hired by the Subrecipient to carry out activities
funded in whole or in part with EDI funds are vendors or contractors not subrecipients. All procurement
and other requirements as they relate to contractors apply. The Subrecipient must have written
agreements with al contractors. The Subrecipient may not subgrant EDI funds to any person or non-
profit or private for profit organization or agency.
Page 4 of 6
VI, OTHER GRANT REQUIREMENTS
The Subrecipient shall carry out its activities in a manner consistent with the requirements contained in the Grant.
including the applicable statutes and regulations. The Subrecipient shall comply with the applicable Equal
Opportunity Requirements specified in the Grant:
A. The requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C. 200d) (Nondiscrimination in Federally
Assisted programs) and implementing regulations 24 CFR Part 1.
B. The prohipitions against discrimination on the basis of age under the Age Discrimination Act of 1975
(42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against
discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8.
C. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive
Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60.
D. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138
concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, the
Grantee must make efforts to encourage the use of minority and women's business enterprises in connection
with Grant funded activities. See 24 CFR Part 85.36(e), which describes actions to be taken by the Grantee to
assure that minority ousiness enterprises and women business enterprises are used when possible in the
procurement of property and services.
E. The Subrecipient shall carry out all applicable Grant requirements such as non-discrimination in providing
services, employment and contracting opportunities; affirmative action; prohibited political, religious and
lobbying activities; conflict of interest; acquisition and relocation; lead-based paint procedures and labor
standards.
F. Progress Reports: The Subrecipient shall provide the Grantee with a progress report every six months after the
effective date of this Agreement until such reports are no longer required by HUD. The progress report shall
consist of (1) a narrative of work accomplished during the reporting period and (2) a completed Financial
Status Report- HUD Form 269A. The performance reports must contain the information required uncier 24
CFR 85.40(b)(2) or 24 CFR 85.51(a), as applicable including a comparison of actual accomplishment to the
objectives indicated in the Grant application, the reasons for slippage if established objectives were not met,
and additional pertinent information,
VII. OTHER PROGRAM REQUIREMENTS
The Subrecipient shall comply with following additional obligations:
A. Provide move-in ready habitable space in the Incubator for at least four (4) tenants in addition to any space
occupied by Altair Engineering or its subsidiaries. This space shall have industrial grade lighting and electrical
service and enable the tenants to separately lock and/or secure their area.
B. Each tenant will have, at a minimum, the opportunity to lease space for four small offices or cubicles and 1,500
square feet of heated advanced manufacturing space.
C. Each tenant will have access to an overhead door or truck dock- This access may be through a common
access point with the ability to move stock/product between their manufacturing space and the overhead door.
D. In addition to providing space for at least four (4) tenants, provide a one person office for the Michigan Solid-
State Lighting Association and NextEnergy at no cost.
E. Operate the Facility as an Incubator during the entire term of this Agreement.
Page 5 of 6
F. Handle all maintenance, build-out of space, provide janitorial service and phone system (tenants are billed for
use)
G. Extend the use of common space such as conference rooms, bathrooms, reception area and break/lunch
room that are created as part of the build-out to all of the tenants.
H. Provide Incubator tenants with lease terms based on a Gross Lease at or below market rates in the vicinity.
I. Offer tenants in the Incubator the option to have a maxim urn of a six month lease with the option of continuing
month-to-month.
J. Encourage Incubator tenants to utilize Oakland University's 'OUinc's" virtual incubator services, Oakland
County's Small Business Center, NextEnergy's Services and Automation Alley's Technology Accelerator.
VIII. SEVERABILTTY
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.
IN WITNESS WHEREOF, the authorized representatives of the County and Altair Clean Technology Center, LLC
have signed this agreement below, and agree to abide by all terms as set forth herein.
County of Oakland by Altair Clean Technology Center, LLC by
Bill Bullard, Jr., Chairperson, Tom Perring, Chief Financial Officer
Oakland County Board of Commissioners Altair Clean Technology Center, LLC
Date Date
Witnessed oy Witnessed by
Ruth Johnson. Oakland County Clerk
Date Date
2010-31-02
Page 6 of 6
FISCAL NOTE #10302 November 18, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS —
ACCEPTANCE OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FY 2009 EDI — SPECIAL PROJECTS GRANT AND AUTHORIZATION
OF SUBRECIPIENT AGREEMENT WITH ALTAIR CLEAN TECHNOLOGY CENTER, LLC
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The resolution authorizes acceptance of federal grant funding in the amount of
$380,000 from the U.S. Department of Housing and Urban Development (HUD)
for the FY 2009 Economic Development Initiative — Special Projects Grant.
2. Grant funding will be used toward the renovation of a building to house an
advanced manufacturing incubator as the centerpiece and first phase of a new
private/public initiative titled "Southeast Michigan Advanced Energy Efficiency
Center of Excellence.
3. The grant award is the same amount as the application.
4. No County Match is required.
5. The funding period for the grant is October 1, 2008 to September 30, 2016.
6. A FY 2011 Budget amendment is recommended as follows:
Economic Development Initiative — Special Proiects Fund #29255 Project
*GR0000000540
Revenue
1090201-171115-610313 Federal Operating Grants $380,000
Expenditure
1090201-171115-730373 Contracted Services
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
$380,000
$ -0-
Resolution #10302 November 18, 2010
Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Capello, Coleman. Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Zack, Bullard, Burns. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanyingreports -being accepted).
I HEREBY APPROVE THE FOREGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November
18, 2010, with the original record thereof now remaining in my office.
In Testimony Whereof, I . have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 18 1' day of November, 2010.
eat
Ruth Johnson, County Clerk