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HomeMy WebLinkAboutResolutions - 2021.05.13 - 34433MISCELLANEOUS RESOLUTION #21187 May 13, 2021 BY: Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee IN RE: HEALTH AND HUMAN SERVICES/NEIGHBORHOOD & HOUSING DEVELOPMENT DIVISION - AMENDMENT OVER 15% TO PROGRAM YEAR (PY) 2019 ANNUAL ACTION PLAN SPECIAL GRANT ALLOCATION ACCEPTANCE FOR CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT (P.L. 116-136) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV ROUND 3) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS HUD required Oakland County to complete a substantial amendment to PY 2019 Annual Action Plan to receive CARESAct Community Development Block Grant Round 3 (CDBG-CV3) funds, and WHEREAS the PY 2019 Annual Action Plan substantial amendment contains activities designed to prepare, prevent and respond to the coronavirus for the CDBG-CV3 programs; and WHEREAS CDBG-CV3 will fund public services benefitting low income persons through coronavirus related emergency rent/mortgage/utility relief in Oakland County Urban County participating communities; and WHEREAS on July 2, 2020, via Miscellaneous Resolution #20235, the County accepted HUD's CARES Act funds through the CDBG-CV Round 1 Program to provide aid and relief and economic security to low income persons during the pandemic in the amount of $3,166,997; and WHEREAS HUD, by letter dated April 15, 2021, transmitted to the Neighborhood & Housing Development Division (N&HD) an additional allocation of $3,999,312 for CDBG-CV3, for the period of June 24, 2020, through September 30, 2022; and WHEREAS this will bring the total CDBG-CV Program revenue to $7,166,309; and WHEREAS the CDBG-CV3 grant is 1 DO% federally funded, and no County funds are required; and WHEREAS the grant funds will continue to partially fund the following nine (9) Full -Time Eligible Special Revenue (SR) positions: one (1) N&HD Assistant position (#05413), four (4) N&HD Coordinator positions (#01279, #03231, #03430, and #06098), one (1) Supervisor N&HD Administrative Services position (#01371), two (2) N&HD Technician positions (#03230 and #01768), and one (1) Housing Counseling Supervisor (#03354) in the Department of Health and Human Services/Neighborhood & Housing Development Division (#1060703); and WHEREAS the grant will continue to partially fund two (2) Full -Time Eligible Special Revenue (SR) Senior Specialist positions (#00730 and #10806) in the Department of Health and Human Services/Neighborhood & Housing Development Division (#1060703); and WHEREAS the grant application has completed the Grant Review Process in accordance with the Grants Policy and approved by the Board at their March 11, 2021, meeting. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and accepts the attached amendment to the PY 2019 Annual Action Plan to receive the CARES Act Community Development Block Grant Round 3 funds in the amount of $3,999,312 from the U.S. Department of Housing and Urban Development for the period of June 24, 2020, through September 30, 2022. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners Chairperson and the County Executive to execute the grant agreements and to approve amendments and extensions within fifteen percent (15%) of the original award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the grant funds will continue to partially fund the following nine (9) Full - Time Eligible Special Revenue (SR) positions one (1) N&HD Assistant position (#05413), four (4) N&HD Coordinator positions (#01279, #03231, #03430, and #06098), one (1) Supervisor N&HD Administrative Services position (#01371), two (2) N&HD Technician positions (#03230 and #01768), and one (1) Housing Counseling Supervisor (#03354) in the Department of Health and Human Services/Neighborhood & Housing Development Division ((#1060703). BE IT FURTHER RESOLVED that the grant will continue to partially fund two (2) Full -Time Eligible Special Revenue (SR) Senior Specialist positions (#00730 and #10806) in the Department of Health and Human Services/Neighborhood & Housing Development Division ((#1060703). BE IT FURTHER RESOLVED that the application of this grant does not obligate the County to any future commitment, and continuation of the grant is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the FY 2021 - FY 2022 Special Revenue budgets are amended as follows: COMMUNITY DEVELOPMENT BLOCK GRANT (#29701) GR0000000925 Bud Ref2019 Activity: GLB Analysis: GLIB FY 2021 Revenue 1060703-133095-610313 Federal Operating Grants $ 3,999,312 Total Revenue $ 3.999.312 Expenditures 1060703-133095-730562 Salaries $239,958 1060703-133095-731255 Fringes $159,973 1060703-133095-730562 Electrical Services $399,930 1060703-133095-731255 Mortgage Service Charges $999,831 1060703-133095-731269 Natural Gas $199,965 1060703-133095-731269 Rent $1,799,690 1060703-133095-731269 Water and Sewer Charges $199,965 Total Expenditures $3,999,312 Chairperson, on behalf of the Public Health and Safety Committee, I move the adoption of the foregoing resolution. Commissioner envy Luebs, District #16 Chairperson, ublic Health and Safety Committee PUBLIC HEALTH AND SAFETY COMMITTEE VOTE: Motion carried on a roll call vote with Gingell, Hoffman and McGillivray absent. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN -OFF — Health & Human Services / Neighborhood Housing Development GRANT NAME: Substantial Amendment to PY 2019 Annual Action Plan and PY 2016-2020 Consolidated Plan and Special Grant Allocation Acceptance for Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) Community Development Block Grant (CDBG-CV) FUNDING AGENCY: U.S. Department of Housing and Urban Development (HUD) DEPARTMENT CONTACT: Shane Bies / (248) 858-5403 STATUS: Grant Amendment (Greater than or Equal to 15% Variance from Current Award) DATE: 04/21/21 Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners' liaison committee resolution and grant amendment package (which should include this sign -off and the grant amendment with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners' committee(s) for grant amendment by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved by M & B. The draft resolution is to be updated to finalize the budget amendment. — Lynn Sonkiss (04/20/21) Human Resources: Approved by Human Resources, continues positions so no HR action needed. — Heather Mason (04/21 /21) Risk Management: Amendment approved by Risk Management. —Robert Erlenbeck (04/20/21) Corporation Counsel: APPROVED by Corporation Counsel (no legal issues). —David Asmar (04/20/21) pS�IENI°F �' IIIIIIII vN �aW ptvF�° April 15, 2021 Shane Bies Manager, Neighborhood & Housing Development County of Oakland 250 Elizabeth Lake Road, Suite 1900 Pontiac, Michigan 48341-0415 Dear Shane Bies: SUBJECT: CARES Act Award Transmittal U.S. DEPARTMENT OF HOUSING AND URBAN DE VELOPNIENT OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT DEPBOIT FIELD OFFICE 477 WCHIGAN AVENUE, STE. 1600 DETROIT, M148226-2592 Da,.iICPD0h,W pv The Detroit Field Office would like to thank you for your continued diligence in responding to the coronavirus crisis. The Coronavirus Aid, Relief and Economic Security (CARES) Act provides funding to enable your community to prevent, prepare for, and respond to coronavirus through providing quality subsidized housing and expanding economic opportunities for low -and moderate -income persons through Department of Housing and Urban Development (HUD) programs. One Grant Agreement is attached for each supplemental program awarded as follows: Community Development Block Grant (CDBG-CV3) Program: $ 3,999,312 Transmittal of a Grant Agreement does not constitute approval of the activities described in your Consolidated Plan. You are reminded that you, as the grantee, are responsible for ensuring that all grant funds are used in accordance with all program requirements. An executed Grant Agreement is a legally binding agreement. CARES Act Provisions The CARES Act awards follow the existing regulations for each program, with additional flexibilities and suspensions that have been provided by HUD as well as those that will be outlined in forthcoming applicable program Notices. Access the current waiver memoranda on HUD.gov here: Mims://www.hLid.vov/Drogram offices/conun Dlanuing. The Federal Register Notices for each program are posted on the following HUD websites: CDBG-CV Notice: littns://www.hud.aov/sites/dliles/CPD/documents/CDBG- CV Notice Federal Register Publication 2002-08.ndf ESG-CV Notice: httDS://www.hLid.2ov/sites/dfiles/OCHCO/documents/20- 08cpdn.Vdf • HOPWA-CV Notice: llttDS://wwW.IlLid,gov/sites/dliles/OCIICO/documents/2020- 05cpdn.pddf Administrative Guidelines Electronic signatures and email transmission are approved for the following: • Grant agreements • Grant agreement amendments www.hud.gov espanol.hud.gov DetroitCPD(a)hud.gov • IDIS Online Access Request Form (HUD 27055) • Request for Release of Funds • Direct Deposit Sign -Up form (SF-1199A) The Chief Elected Official and/or designee should execute two (2) copies of each attached grant agreement. To establish a Line of Credit for the supplemental CARES Act funds, it will be necessary for your agency to sign, execute and return one (1) copy of each Grant Agreement to this office to the attention of Keith Hernandez, Director, Community Planning and Development. Please execute each attached Funding Approval and/or Grant Agreement and return a digital copy of each approval/agreement via email to DetroitCPD a hud.eov with a Cc to your CPD Representative Darlene White (Darlene.E.White a hud.eov) and Financial Analyst Cindy Vails (CVntliia.C.Vails(a)hud.eov). Please ensure the signatory signs the CDBG-CV grant agreement in the box directly across from the HUD CPD Director's signature. The CDBG-CV Funding Approval/Agreement should not be electronically signed in box 12c. Maintain a copy of each agreement with the original signature on site in your program files. If there is a need to add or remove individuals authorized to access the Integrated Disbursement Information System (IDIS), please submit an IDIS Online Access Request Form (HUD 27055), which can be signed and notarized electronically. Additionally, if there is a need to establish or change the depository account where these funds are to be wired, a Direct Deposit Sign -Up form (SF-1199A) must be completed electronically by your financial institution and returned to this office by email with a copy of a voided check. You are reminded that these grants are subject to the provisions of 24 CFR Part 58 Environmental Review Procedures unless requirements are waived through the CARES Act. Funds for covered activities may not be obligated or expended until HUD has approved the release of funds. A request for release of funds (RROF) must be accompanied by an environmental certification, and until the RROF is approved and notification is received, no HUD funds should be committed. If the project or activity is exempt per 24 CFR 58.34 or categorically excluded (except in extraordinary circumstances), no RROF is required. Updated procedures are available at httDS:/hvww.hudexchan ea info/news/office-of-envi ronment-and-eneruv-szui dance-i n-response-to- covi d-19/. Thank you for your efforts in supporting community needs in order to prevent, prepare for and respond to coronavirus, and we are available to assist you in accomplishing your programs goals. If you have any questions or need further information or assistance, please contact Ms. Darlene White, Senior CPD Representative at Darlene.E.WhilerhLtd. Qov. Sincerely, Keith E. Hernandez, CP, PMF Director Office of Community Planning and Development Enclosures Key CPD COVID-19 Program Information and Guidance Community Development Block Grant CDBG COVID-19 Resources CARES Act Flexibilities for CDBG Funds Used to SMMOrt Coronavirus Response and Ulan amendment waiver CDBG Eligible Activities to Sunnort Infectious Disease Response Grantee Questions: CPDOuestionsAnswered ( hud.eov Emergency Solutions Grants Program Disease Risks and Homelessness Wehnage Eligible ESG Costs for Infectious Disease Preparedness Grantee Questions: HUD Exchange Ask A Ouestion (AA0) portal Housing Opportunities for Persons With AIDS HOPWA Guidance for COVID-19 Notice CPD-20-OS: CARES Act Imolementation Instructions and Related Flexibilities for the HOPWA Program Grantee Questions: HUD Exchange Ask A Question (AA01 aortal Cross -cutting and Other CPD Program Guidance CARES Act Flexibilities for ESG and HOPWA Funds Used to Sllnnm't Coronavirus Resnonse and Plan Amendment Waiver Availability of a Waiver and Alternate Renuirement for the CAPER for CPD Grant Prngrams in Resnonse to the Snread of Co ronaviruc (HUD - Mnv 7, 2020) Availability of Waivers of CPD Grant Program and Consolidated Plan Renuirements to Prevent the Spread of COVID-19 and Mitivate Economic Imnarts Caused h_v COVID-19 for CnC ESG and HOPWA (HUD - April 1. 2020) Availabilitv of Waivers and Susnensions of the HOME Program Renuirements in Resnonse to COVID-19 Pandemic CPD Program Formula Allocations and CARES Act Suonlemental Finding for FY 2020 Environmental Guidance in Resnonse to COVID-19 Notice CPD 17-06, using CPD Funds for Disaster Resnonse and Recovery Funding Approval/Agreement Title I of the Housing and Colrununity Development Act (Public Law 930383) I11-00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) Oakland County 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 250 Elizabeth Lake Road, Suite 1900 Pontiac, MI 48341-0414 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No, 2506-0193 exp 5/31/2018 3a Grantee's 9-digit Tax ID Number 386004876 4. Dale use of funds may begin (mmlddlyyyy) 06/24/2020 5a. Project/Grant No.1 B-20-UW-26-0002 51h. Project/Grant No. 2 31b. Grantee's 9-digit DUNS Number 136200362 6a. Amount Approved $7,166,309 6b. Amount Approved Grant Agreement This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the aulhomy of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et set ) The Grantee's submissions for Title I assistance, the HUD regulations at 24 CPR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement Subject to the provisions of this Grant Agreement, IRID will make the funding assistance specified here available to the Grantee upon esecution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiverand listed to the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee tether acknowledges its responsibility for adherence to the Agreement by sub- recmient entities to which it makes fundore assistance hereunder available. U.S. Departmental Housing and Urban Development (Ry Name) Grantee Name (Contractual Organization) Keith E Hernandez Oakland County (County Of Oakland) Title Title David Coulter, County Executive CPD Director David T. Woodward, Chan, Board of Commissioners Signature Date(mmlddlyyyy) Signatures Date(mmlddlyyyy) 04/15/2021 x fi x 7. Category of Title I Assistance for this Funding Action: 8. Special Condifions 9a. Date HUD Received Submission 10. check one (check one) I (mmlddlyyyy) 0410512021 ❑ a. Orig. Funding Entitlement, Sec 106(b) ❑ None 91b Date Grantee Notified Approval ® Attached I (mmlddlyyyy) 04/15/2021 M b. Amendment Amendment Number 12a, Amount of Loan Guarantee Commitment now being Approver N/A 9c. Date of Start of Program Year (07/01/2020) 11. Amount of Community Development Block Grant FY(2020) a. Funds Reserved for this Grantee $7,166 309 If. Funds now being Approved c. Reservation to be Cancelled 0Is minus Ilb) 12b. Name and complete Address of Public Agency County Of Oakland Loan Guarantee Acceptance Provisions for Designated Agencies: 250 Elizabeth Lake Road, Suite 1900 The public agency hereby accepts the Grant Agreement executed by the Pontiac, MI 48341-0414 Department of Housing and Urban Development on the above date with 12c. Name of Authorized Official for Designated Public Agency respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions Title of the Agreement, applicable regulations, and other requirements of HUU now or hereafter in effect, pertaining to the assistance provided it, Signature x HUD Accounting use Only Effective Date Batch LAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) F FM 153 FOOOm=I I I I I IIMI II I O Y Project Number Amount Y Protest Number Amount O I I I I I I I I Date Entered PAS (mmlddlyyyy) I Dale Entered LOCCS gruddlyyyy) I Batch Number Transaction Code ( Entered By Verified By 24 CPR 570 form HUD-7082 (5115) Additional CDBG-CV Requirements In addition to the terms and conditions in the Funding Approval/Agreement, the following requirements apply to Grantees receiving CDBG-CV funds in accordance with the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Pub. L. 116-136). 1) The Grantee agrees to comply with the requirements in the CARES Act that apply to CDBG-CV grants and must use the CDBG-CV grant funds to prevent, prepare for and respond to coronavirus. 2) The grantee agrees to comply with the requirements of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.) and implementing regulations at 24 CFR part 570, as now in effect and as may be amended from time to time, and as modified by the rules, waivers and alternative requirements published by HUD from time to time. Rules, waivers and alternative requirements of Federal Register notices applicable to CDBG-CV grants are hereby incorporated into and made a part of the grant agreement. 3) The Grantee may use CDBG-CV funds as reimbursement for previously incurred costs, provided that those costs are allowable and consistent with the CARES Act's purpose to prevent, prepare for and respond to coronavirus. 4) The grantee agrees to establish and maintain adequate procedures to prevent any duplication of benefits as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 132 Stat. 3442). 5) The period of performance for the funding assistance specified in the Funding Approval/Agreement ("Funding Assistance") shall be six years. It shall begin on the date specified in item 4 in the Funding Approval/Agreement and shall end six years later, on the month and day specified in item 4. The Grantee shall not incur any obligations to be paid with the Funding Assistance after this period of performance. 6) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Funding Approval/Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Funding Approval/Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/ARencv Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. 7) In addition to the conditions contained in the Funding Approval/Agreement (form HUD 7082), the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. 8) The grantee shall ensure that no CDBG-CV funds are 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 the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy -related, communication -related, water- related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. 9) The Grantee or unit of general local government that directly or indirectly receives CDBG-CV funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. 10) E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. 11) CDBG-CV funds may not be provided to a for -profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source —This condition is included as requirement on the use of fiscal year 2020 CDBG funds by the Community Development Fund heading, Department of Housing and Urban Development Appropriations Act, 2020, Public Law 116-94, and is made applicable to this grant by the CARES Act). Resolution #21187 May 13, 2021 Moved by Gingell seconded by Nelson the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Weipert, Woodward, Cavell. (20) NAYS; None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). !HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45,559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 May 13, 2021, 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 Circuit Court at Pontiac, Michigan this 1311, day of May, 2021. Lisa Brown, Oakland County