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HomeMy WebLinkAboutResolutions - 2023.05.25 - 38239 AGENDA ITEM: Grant Agreement with the City of Pontiac for the Crystal Lake Park Revitalization Project DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Thursday, May 25, 2023 7:28 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2920 _ 23-89 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Interlocal Agreement Gary McGillivray INTRODUCTION AND BACKGROUND Last October, the Board of Commissioners and the Parks and Recreation Commission (OCPRC) approved the Healthy Communities Park and Outdoor Recreation Investment Plan (“Plan”) dedicating American Rescue Plan Act Local Fiscal Recovery Fund (LFRF) and OCPRC funds to support park related capital improvement projects located in areas most disproportionally impacted by the COVID 19 pandemic. Provisions within the Plan provide for direct financial assistance to targeted local governments to support community park improvement capital projects through grants administered by OCPRC. The City of Pontiac has submitted a proposal to utilize its portion of grant funding to reclaim, revitalize, and re-open Crystal Lake Park. The 43-acre site has been closed for public use due to deteriorating conditions and infrastructure. The City will utilize grant funding to complete the improvement projects listed below: Scope Item Quantity Amount New site plan for park w/ waterfront activities & canoe/kayak launch 1 $30,000 Restore & improve boat launch and lake access 1 $40,000 Install Crystal Lake historical marker 1 $4,000 Install new park entry sign 1 $14,000 Install new benches & picnic tables 1 $75,000 Picnic Shelter 1 $57,800 Walking path along waters edge w/ mile/kilometer markers 1 $105,000 Create natural vegetative buffer at edge of Crystal Lake 1 $20,000 Mobilization 1 $17,290 10% Contingency 1 $36,309 Professional Engineering (10%) 1 $39,940 Construction Engineering (15%) 1 $59,910 Total Project Budget $499,249 Under the terms of the agreement, the City will be responsible for completing the projects within the requirements of the ARPA guidelines and be open to public use by December 31, 2026. 50% of the grant funds will be disbursed following the execution of the agreement and the remaining 50% will be disbursed upon project completion. The agreement was drafted by Corporation Counsel with assistance from Guidehouse for compliance with ARPA regulations. The Parks and Recreation Commission recommended approval of the grant agreement on Wednesday, May 3. The Pontiac City Council is expected to consider the grant agreement in mid-May. POLICY ANALYSIS The Board of Commissioners approved the Healthy Communities Park and Outdoor Recreation Investment Plan (ARPA) on October 20, 2022 through MR #22-338. Included in the Plan was $500,000 in grant funding for Pontiac with the project TBD. It has now been determined to use the funding for the Crystal Lake Park Revitalization Project. No local match is required. Crystal Lake Park is located on 43 acres along the north side of Crystal Lake in the southwestern portion of the City. The requested funding will provide resources for cleanup of the park and the repair and restoration of the amenities. Due to vandalism and the deteriorating condition of many of the park’s amenities, this park has been closed. The recreational facilities at the park once included basketball courts, an outdoor restroom, swing set, and fishing dock. Park upgrades include creating a site plan with waterfront actives and canoe/kayak launch, restoring the boat launch and lake access site, re-establishing public access at the park, new benches and picnic tables, a new picnic shelter, a walking path along the water’s edge, and natural vegetative buffers. After the initial investment of grant funding, Pontiac advises that future park improvements will be made through the City’s general operating budget and future grant revenue. Park maintenance will be sustained through the City’s general operating budget. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Chris Ward, Director Parks & Recreation Melissa Prowse, Manager - Parks & Recreation Planning & Development ITEM REVIEW TRACKING Gary McGillivray, Board of Commissioners Created/Initiated - 5/30/2023 David Woodward, Board of Commissioners Approved - 5/30/2023 David Coulter, Executive's Office Approved - 5/30/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 5/30/2023 AGENDA DEADLINE: 06/04/2023 7:28 PM ATTACHMENTS 1. Healthy Communities Grant Agreement (final version) (Pontiac Crystal Lake) 2. Healthy Communities grant form PONTIAC (Exhibit A) 3. Exhibit B--Healthy Communities Grant Agreement 4. Case for support - Crystal Lake Park 5. City of Pontiac - Crystal Lake Park Case for Support COMMITTEE TRACKING 2023-05-16 Legislative Affairs & Government Operations - Recommend to Board 2023-05-25 Full Board - Adopted Motioned by: Commissioner Yolanda Smith Charles Seconded by: Commissioner Christine Long Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (15) No: None (0) Abstain: None (0) Absent: Charles Cavell, Gary McGillivray, Janet Jackson, Michael Gingell (4) Passed May 25, 2023 RESOLUTION #2023-2920 _ 23-89 Sponsored By: Gary McGillivray Parks & Recreation - Grant Agreement with the City of Pontiac for the Crystal Lake Park Revitalization Project Chair and Members of the Board: WHEREAS a Grant Agreement with the City of Pontiac is needed to disburse funding authorized by the Oakland County Board of Commissioners within the Healthy Communities Parks and Outdoor Recreation Investment Plan for the City of Pontiac to complete capital improvement projects within their municipal parks; and WHEREAS the Oakland County Parks and Recreation Commission, acting as administrator of the Healthy Communities Plan as provided in M.R. #22338, has recommended approval of the City’s grant proposal for the revitalization of Crystal Lake Park. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Grant Agreement with the City of Pontiac for the Crystal Lake Park Revitalization Project and authorizes the Chairperson to execute the agreement on behalf of the County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Oakland County Parks and Recreation Commission to disburse grant funding in an amount not-to- exceed $500,000 to the City of Pontiac for the Crystal Lake Revitalization Project as appropriated in the Healthy Communities Parks and Outdoor Recreation Investment Plan (M.R. #22338) under the terms of the Grant Agreement. BE IT FURTHER RESOLVED a budget amendment is not required. Chair, the following Commissioners are sponsoring the foregoing Resolution: Gary McGillivray. Date: May 30, 2023 David Woodward, Commissioner Date: May 30, 2023 David Coulter, Oakland County Executive Date: May 30, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-05-16 Legislative Affairs & Government Operations - Recommend to Board 2023-05-25 Full Board - Adopted Motioned by Commissioner Yolanda Smith Charles seconded by Commissioner Christine Long to adopt the attached Interlocal Agreement: Grant Agreement with the City of Pontiac for the Crystal Lake Park Revitalization Project . Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (15) No: None (0) Abstain: None (0) Absent: Charles Cavell, Gary McGillivray, Janet Jackson, Michael Gingell (4) Passed ATTACHMENTS 1. Healthy Communities Grant Agreement (final version) (Pontiac Crystal Lake) 2. Healthy Communities grant form PONTIAC (Exhibit A) 3. Exhibit B--Healthy Communities Grant Agreement 4. Case for support - Crystal Lake Park 5. City of Pontiac - Crystal Lake Park Case for Support 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 25, 2023, 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 on Thursday, May 25, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds Page 1 of 7 This Agreement is between the City of Pontiac, 47450 Woodward Avenue, Pontiac, MI 48342 (hereinafter “Grantee”) and the County of Oakland, by and through its statutory agent, the Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, MI 48328 (hereinafter “OCPRC”). Introduction A. On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA”) was signed into law. Section 9901 of ARPA amended Title VI of the Social Security Act to add Section 603, establishing the Coronavirus Local Fiscal Recovery Fund (“LFRF”). Oakland County was allocated $244,270,949.00 in LFRF monies. B. The COVID-19 Pandemic and resulting mitigation measures highlighted the essential role that parks, trails, and natural spaces play in supporting mental and physical health. C. The United States Department of Treasury issued the Final Rule on April 1, 2022 and other guidance for qualified uses of LFRF monies. Those qualified uses include park improvements that serve residents and communities that were disproportionately impacted by the negative effects of the COVID-19 Pandemic. Oakland County has determined that the monies used to perform this Agreement fall within the “revenue loss” eligible use category (Expenditure Category 6.1) under ARPA. D. The revenue loss eligible use category provides recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue due to the pandemic. E. Accordingly, the Oakland County Board of Commissioners appropriated 15 million dollars of LFRF monies, in Miscellaneous Resolution #22-338, to fund and support the Healthy Communities Park and Outdoor Recreation Investment Plan (“Plan”) created by OCPRC. F. The Plan is a comprehensive approach, using LFRF monies, to fund park improvements in areas disproportionally impacted by the COVID 19 pandemic. G. Part of the Plan includes a one-time park improvement grant for Grantee. In consideration of the mutual promises, obligations, representations, and assurance in this Agreement, the Parties agree to the following: Project Title (“Project”—which is described in Exhibit A): Grant Amount (“Grant Amount”): $500,000 Local Match Amount (“Match Amount”): Not Applicable—No local match required Total Project Amount: $500,000 Healthy Communities Park and Outdoor Recreation Investment Plan Grant Agreement Page 2 of 7 Start Date: [Effective Date—defined as the date the last Party to this Agreement signs the Agreement] End Date: December 31, 2026 By signing this Agreement, the below individuals certify they are authorized to sign this Agreement on behalf of their organizations and the Parties will fulfill the terms of this Agreement, including any attached Exhibits. Grantee: ___________________________________________ Tim Greimel, Mayor Date City of Pontiac ___________________________________________ Name: Date Title: County of Oakland: ___________________________________________ David T. Woodward, Chairperson Date Oakland County Board of Commissioners Oakland County Parks and Recreation Commission: ___________________________________________ Gary McGillivray, Chairperson Date Oakland County Parks and Recreation Commission 1. Agreement Execution. Grantee is required to sign the Agreement and return it to OCPRC within sixty (60) calendar days of the date the Agreement is issued to Grantee. If not, OCPRC may cancel this Agreement and the monies allocated under this Agreement may be issued to another entity, in OCPRC’s sole discretion. This Agreement is not effective until both Parties sign the Agreement. The “Effective Date” shall be the date the last Party signs the Agreement. 2. Contact Information. This Agreement shall be administered on behalf of OCPRC by the Planning & Resource Development Unit. All notices, reports, documents, requests, actions, or other communications required between OCPRC and Grantee shall be submitted to the contacts identified below. By written notice, the Parties may designate a different contact with correlating information. 2.1. Grantee Contact Page 3 of 7 2.1.1. Organization: City of Pontiac 2.1.2. Name/Title: Alexandra Borngesser / Director of Grants & Philanthropy 2.1.3. Address: 47450 Woodward Avenue, Pontiac, MI 48342 2.1.4. Telephone Number: 248-758-3327 2.1.5. E-Mail Address: aborngesser@pontiac.mi.us 2.2. OCPRC Contact 2.2.1. Name/Title: Donna Folland / Supervisor – Planning and Resource Development 2.2.2. Address: 2800 Watkins Lake Road, Waterford, MI 48328 2.2.3. Telephone Number: 248-736-9087 2.2.4. E-Mail Address: follandd@oakgov.com 3. Project/Project Period. 3.1. Grantee shall complete the Project as set forth and described in Exhibit A within the Project Period. Exhibit A is incorporated into this Agreement. 3.2. As defined in this Agreement, “Project Period” means the period of time beginning on the Effective Date and ending on the End Date listed on page 1 of this Agreement. 3.3. Due to federal regulations, there cannot be an extension of the Project Period. Grantee shall complete the Project and expend the Grant Amount within the Project Period. 4. Grantee Reporting Requirements: 4.1. Grantee shall complete and submit bi-annual progress reports, including a narrative report and summary of Project expenditures, in accordance with instructions provided by OCPRC. 4.2. Within sixty (60) days of Project completion, Grantee shall submit final reporting documentation on forms provided by OCPRC, including a final reimbursement request and narrative report, and copies of written materials and/or photographs of grant recognition signs in accordance with the instructions provided by OCPRC. 5. OCPRC Payments. OCPRC shall make payments of the Grant Amount to Grantee as follows: 5.1. OCPRC shall pay Grantee fifty percent (50%) of the Grant Amount listed on page 1 of this Agreement with thirty (30) calendar days of the Effective Date. The remaining fifty percent (50%) of the Grant Amount shall be paid within thirty calendar days of the date the Project is complete in accordance with Section 4. Any cost overruns incurred to complete the Project shall be the sole responsibility of Grantee. 5.2. Except for the first payment on the Effective Date, to be eligible for payment, Grantee must submit a complete payment request to OCPRC on form(s) provided by OCRPC. 5.3. Grantee shall submit documentation of all costs incurred for the Project to OCPRC. 5.4. OCPRC reserves the right to request additional information necessary to substantiate payments. 5.5. Grantee shall be a registered vendor with the County to receive payments. Registration can be accomplished by completing a vendor registration through the County Vendor Registration link on the County Web site. All grant funds will be paid by ACH or Check. 5.6. OCPRC shall not pay any portion of the Grant Amount to a Grantee contractor or subcontractors. Grant Amounts shall only be paid to Grantee. 5.7. A determination of Project completion, which may include a site inspection and an audit, shall be made by OCPRC after Grantee has satisfactorily completed the Project described in Exhibit A. Page 4 of 7 5.8. Upon issuance of final payment from OCPRC, Grantee releases OCPRC of all claims against OCPRC arising under this Agreement. Unless otherwise provided in this Agreement or by State law, final payment under this Agreement shall not constitute a waiver of OCPRC’s claims against Grantee. 6. Grantee Assurances/Responsibilities. 6.1. Grantee shall comply with all applicable local, State, and federal laws, rules, ordinances, and regulations in the performance of this Agreement, including but not limited to, construction of the Project according to the Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990) and any other barrier free regulations and rules. 6.2. Because the Grant Amount includes LFRF monies, Grantee shall comply with the assurances and requirements contained in Exhibit B. Exhibit B is incorporated into this Agreement. 6.3. Grantee shall obtain all necessary permits and licenses for construction and maintenance of the Project. This Agreement shall not be construed to obligate OCPRC or any other governmental entity to issue any permit or license required for the Project. Grantee shall solely determine what permits or licenses are required for the Project, secure the needed permits or licenses, and remain in compliance with such permits or licenses. Grantee shall retain a copy of all permits or licenses and make them available to OCPRC upon request. 6.4. Grantee shall have control of the real property upon which the Project is located through fee simple title, lease, or other recorded interest or have written permission from the owner of such real property to complete the Project. 6.5. Grantee shall abide by all State and federal threatened and endangered species regulations when completing Project activities. 6.6. Grantee shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person's ability to perform the duties of a particular job or position, in accordance with applicable federal and state laws. Grantee further agrees that any subcontract shall contain non-discrimination provisions, which are not less stringent than this provision and binding upon any and all subcontractors. A breach of this covenant shall be regarded as a material breach of this Agreement. 6.7. Grantee shall require that no individual be denied access to the Project or Project activities on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, or marital status. 6.8. Grantee is solely responsible for all activities performed under this Agreement and for the construction and maintenance of the Project. Grantee shall be the sole point of contact regarding contractual matters for the Project, including payment of any and all charges resulting from the Project. Page 5 of 7 6.9. Grantee shall require all contractors and subcontractors constructing or performing the Project to comply with this Agreement. 6.10. Grantee shall ensure all contractors and subcontractors constructing and performing the Project are qualified to perform such work. 6.11. Grantee shall be solely responsible for the operation, maintenance, and repair of the Project subject to this Agreement. 6.12. Grantee shall expend the entire Grant Amount under this Agreement by the Agreement End Date. Any portion of the Grant Amount not used by that date must be returned to OCPRC. 6.13. All records related to the Project must be maintained for a minimum of five (5) years after the final payment has been issued to Grantee by OCPRC. 6.14. Grantee shall install a sign at the Project site stating that the Project or a portion of the Project was paid for with monies provided by Oakland County and OCPRC. OCPRC, at its sole cost, shall provide the sign to Grantee. The sign shall remain at the Project site for a minimum of five (5) years. 7. Liability. 7.1. OCPRC is not liable or required to operate, maintain, or contribute to the operation or maintenance of the Project and any associated Project activities. 7.2. Grantee shall defend any Claim brought against either Party that involves the Project, involves associated Project activities, or that involves title, ownership, or other rights to the real property upon which the Project is located. 7.3. Grantee is responsible for all Claims arising under or in any manner related to the Agreement, the activities authorized by Agreement, or the use and occupancy of the Project. 7.4. As used in this Agreement, “Claims” mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against a Party, or for which a Party may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether commenced or threatened. 7.5. Performance of this Agreement is a governmental service and function. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity of either Party. 8. Insurance. Grantee shall acquire and maintain insurance or a program of self-insurance, which Grantee deems necessary, to protect it from liability related to construction and/or operation of the Project. OCPRC shall not obtain any insurance or provide any self- insurance for construction and/or operation of the Project. Page 6 of 7 9. Audit and Access to Records. OCPRC reserves the right to conduct programmatic and financial audits of the Project and may withhold payment until the audit is satisfactorily completed. Grantee shall maintain all pertinent records and evidence pertaining to this Agreement, including grant and any required matching funds, in accordance with generally accepted accounting principles and other procedures specified by OCPRC. OCPRC or any of its duly authorized representatives must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. Grantee shall provide proper facilities for such access and inspection. All records must be maintained for a minimum of five (5) years after the final payment has been issued to Grantee by OCPRC. 10. Termination. 10.1. Failure by Grantee to comply with any provision of this Agreement shall be a material breach of this Agreement. Upon breach of the Agreement by Grantee, OCPRC may, in addition to any other remedy provided by law: 10.1.1. Terminate this Agreement; 10.1.2. Withhold and/or cancel future payments to Grantee on any or all current grant projects with OCPRC until the violation is resolved to the satisfaction of OCRPC; 10.1.3. Withhold action on all pending and future grant applications submitted by Grantee to OCPRC; 10.1.4. Require repayment of grant funds already paid to Grantee under this Agreement; and/or 10.1.5. Require specific performance of the Agreement. 10.2. Upon the date of termination, all outstanding reports and documents are due to OCPRC and after the termination date OCPRC will no longer be liable to pay or reimburse Grantee any outstanding Grant Amounts. 11. Assignability. Grantee shall not assign or transfer any interest in this Agreement without prior written authorization of the OCPRC Director. 12. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. 13. Waiver. Waiver of any term or condition under this Agreement must be in writing. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 14. Cumulative Remedies. A Party’s exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 15. Changes/Amendments. Any changes to this Agreement requested by Grantee shall be made in writing and sent to OCPRC contact listed in Section 2 of this agreement. OCPRC may approve or deny such change, in its sole discretion. Changes requiring an amendment to this Agreement will be executed by OCPRC and Grantee in the same manner as this Agreement. This Agreement cannot be modified unless reduced to writing and signed by both Parties. Page 7 of 7 16. Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms or conditions shall remain in full force and effect. 17. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 18. Counterparts. This Agreement may be executed in one or more counterparts, including facsimile or electronic copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 19. Entire Agreement. This Agreement sets forth all covenants, promises, agreements, conditions, and understandings between the Parties concerning the use of the Property. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the Parties other than are herein set forth. In October 2022, the Oakland County Board of Commissioners approved a proposal from the Oakland County Parks and Recrea�on Commission (OCPR) for $15M in Oakland County American Rescue Act (ARPA) State and Local Fiscal Recovery Funds to invest in park and outdoor recrea�onal spaces. Within this OCPR Healthy Communi�es Park and Outdoor Recrea�on Investment Plan Grant Program, funds have been allocated for grants to communi�es iden�fied by the Oakland County Board of Commissioners for local park and outdoor recrea�on projects. Project start date is the date of the last signature on the executed Grant Agreement. Grant projects must be completed and open to the public by December 31, 2026. Healthy Communi�es Grant Steps  Complete grant project descrip�on form – will be atached to Grant Agreement as Exhibit A  Execute Grant Agreement by City and Oakland County)  Release of grant funds to community (50% Upon execu�on of grant agreement and 50% upon Project comple�on)  Schedule quarterly status reports  July 31, 2026 – Deadline to submit final report to OCPR  December 31, 2026 – with approval of final report by OCPR, deadline for release of remaining funds to community. All improvements must be open to the public by this date. I. Applicant Informa�on Project Title: Crystal Lake Park Revitaliza�on Oakland County City, Village, or Township Name: City of Pon�ac Name of Primary Grant Contact: Alexandra Borngesser, Director of Grants & Philanthropy, City of Pon�ac Primary Contact Phone: 248-758-3327 Primary Contact Email: aborngesser@pon�ac.mi.us Exhibit A Healthy Communi�es Park and Outdoor Recrea�on Investment Plan Grant Project Descrip�on II. Financial Informa�on Total Project Budget: $499,249 OCPR Healthy Communi�es Grant: $ 500,000 Remaining Project Budget: $0 Funding Sources: In the table below, indicate all sources of funding for the project, including the OCPR Healthy Communi�es Grant. They must equal or exceed the Total Project Budget. Funding Source Amount OCPR Healthy Communi�es Grant $ 500,000 $ $ $ $ Total Project Budget $500,000 Detail Scope: In the table below, indicate scope items for the project, including any con�ngency and design fees and es�mated costs. Scope Item Quan�ty Amount New site plan for park w/ waterfront ac�vi�es & canoe/kayak launch 1 $30,000 Restore & improve boat launch and lake access 1 $40,000 Install Crystal Lake historical marker 1 $4,000 Install new park entry sign 1 $14,000 Install new benches & picnic tables 1 $75,000 Picnic Shelter 1 $57,800 Walking path along waters edge w/ mile/kilometer markers 1 $105,000 Create natural vegeta�ve buffer at edge of Crystal Lake 1 $20,000 Mobiliza�on 1 $17,290 10% Con�ngency 1 $36,309 Professional Engineering (10%) 1 $39,940 Construc�on Engineering (15%) 1 $59,910 Total Project Budget $499,249 III. Project Descrip�on 1. Indicate how and where this project is addressed in relevant community planning documents, which may include: 5-Year Parks and Recrea�on Master Plan, Capital Improvement Plan, Park Master Plan, Community Master Plan, Complete Streets Plan, Trailway Master Plan, Pathway Plan, etc. Provide links to relevant online planning documents or add relevant pages to applica�on PDF document. (100 word maximum) In the City of Pontiac’s Parks and Recreation Master Plan you will see improvements identified for Crystal Lake Park that are aligned with the improvements outlined in the budget above. Please find the City of Pontiac Parks and Recreation Master Plan here: https://files4.1.revize.com/pontiac/PontiacParkRecMasterPlan2021_2025Final.pdf 2. Describe the physical loca�on of the proposed project and ownership of the property. (100 words max) Crystal Lake Park can be identified as PIN: 14-32-302-011. This property is owned by the City of Pontiac. 3. Describe the project design and why it was chosen. (250 words max) The City of Pontiac is requesting this funding to reclaim and revitalize Crystal Lake Park so that its abundant environmental, recreational, and historic resources may be enjoyed and utilized by residents. Crystal Lake Park is located on 43 acres along the north side of Crystal Lake in the southwestern portion of the City. The requested funding will provide resources for cleanup of the park and the repair and restoration of the amenities. Crystal Lake Park has the potential to enhance the lives of residents in their pursuit of recreation and leisure activities and will provide supplemental space for use by youth and senior programs. Due to vandalism and the deteriorating condition of many of the park’s amenities, this park has been closed. The recreational facilities at the park once included basketball courts, an outdoor restroom, swing set, and fishing dock. Due to lack of resources, the most recent park improvements include demolishing and removing many park amenities that were in poor condition and barricading the entryway. Although the park has been closed, the park’s advantageous setting along the lake provides an opportunity for revitalization at the site for recreation and green space. Park upgrades include creating a site plan with waterfront actives and canoe/kayak launch, restoring the boat launch and lake access site, re-establishing public access at the park, new benches and picnic tables, a new picnic shelter, a walking path along the water’s edge, and natural vegetative buffers. 4. Does the project posi�vely impact equity and jus�ce and/or provide parks and recrea�on services that feel safe and welcoming to everyone? If so, please summarize here. (250 words max) Pontiac is the county seat centrally located in Oakland County, one of the wealthiest, highest educated counties in the nation. The stark contrast in poverty and environmental conditions between neighboring cities has resulted in lower quality of life and life expectancy for Pontiac residents for decades. Like many urban and disenfranchised communities, the ongoing impact of systemic racism through local, state, and national policies continues to plague Pontiac’s progress today, including elements like redlining, biased planning throughout “Urban Renewal”, and various other areas. However, Pontiac also has unique pieces that led to further inequities beyond other cities which has led to white and affluent residents leaving the City in Pontiac’s own version of “White Flight” into nearby communities through suburban investment and the subsequent disinvestment in the urban core. This led to a drought of meaningful engagement and investment in Pontiac for decades. The City of Pontiac is a historically disadvantaged community in an area of persistent poverty. From these designations alone, it is simple to predict that the Pontiac community was, and continues to be, disproportionately impacted by COIVD-19. Extensive data demonstrates extensive disparities in social determinants of health and health outcomes experienced by Pontiac residents over decades of structural racism and disinvestment. Pontiac, comprised of roughly 61,000 residents, has a primarily Black/African American community (49.6%), and 19.1% of residents identifying as Hispanic/Latinx. Over 27% of the residents live in poverty. Approximately 11% of the population in the City of Pontiac are 65 years of age or older. There is clear evidence that the pandemic has not affected all Americans equally. As is often the case, unfortunately, the most vulnerable among us are feeling the mental health effects of the pandemic most intensely. Job loss, housing instability, food insecurity, and other risk factors for poor outcomes have disproportionately impacted disadvantaged communities like the City of Pontiac. The aforementioned factors have, and will continue to, impact the City of Pontiac’s residents. Rehabilitation of Crystal Lake Park will help to counter many of the negative effects that still linger from the COVID-19 pandemic by providing a space to gather and recreate outdoors. Having a safe space that provides residents with opportunities for physical activity, the ability to explore nature, and an environment that encourages gathering with others outdoors will help residents reform connections with others. The requested funds in the City will be applied to mitigate the impact of COVID-19 on 61,000 Pontiac Residents. These resources have the propensity to improve and repair the community ecosystem in Pontiac and will ultimately change the trajectory of quality of life for 61,000 residents—improving equity and justice for Pontiac. 5. Does the project consider sustainable design/construc�on prac�ces and help build community resilience and adapta�on to climate change? If so, please summarize here. (250 words max) Green spaces in urban areas greatly reduce climate and health risks while also improving the physical and mental wellbeing and quality of life for residents. Cities with robust park systems experience stronger economies, a decrease in crime, increased property value, and protection from environmental impacts of urban landscapes. The benefits of reclaiming and restoring Crystal Lake Park and the shore are invaluable and the public will reap those benefits by way of a stronger economy, safer neighborhoods, and a more resilient environment, all of which will bear fruit for the City of Pontiac and neighboring communities to indulge. 6. Does the project increase access to spaces and experiences that promote physical, mental, and social health for all? If so, please summarize here. (250 words max) There is clear evidence that the pandemic has not affected all Americans equally. As is often the case, unfortunately, the most vulnerable among us are also feeling the mental health effects most intensely. Job loss, housing instability, food insecurity, and other risk factors for poor outcomes have disproportionately impacted disadvantaged communities like the City of Pontiac. The pandemic also impacted access to affordable childcare and reliable transportation. All of the aforementioned factors have, and will continue to, impact the City of Pontiac’s residents. Rehabilitation of Crystal Lake Park will help to counter many of the negative effects that still linger from the COVID-19 pandemic by providing a space to gather and recreate outdoors. Having a safe space that provides residents with opportunities for physical activity, the ability to explore nature, and an environment that encourages gathering with others outdoors will help residents reform connections with others – something that was missing while COVID- 19 restrictions were in place. The aforementioned factors have, and will continue to, impact the Pontiac Residents. 7. Describe how the project will be managed and maintained long-term, including any equipment or staffing needs and how they will be addressed. (250 words max) Future park improvements will be made through the City’s general operating budget and future grant revenue. Park maintenance will be sustained through the City’s general operating budget. 8. Describe how the project will meet or exceed ADA guidelines. Describe any Universal Design principles that will be incorporated into the project. (250 words max) Additional operational action items include preparing a ‘Crime Prevention Through Environmental Design’ master plan, working with the Clinton River Watershed Council and EGLE to test, monitor, and remediate lake water quality, and ensuring recreation facilities adhere to ADA standards and are accessible to all users regardless of age or ability. IV. Atachments 1. Project loca�on map 2. Site plan or site map 3. Op�onal leters of support 4. Op�onal Other Materials – e.g., design drawings/specifica�ons, photographs with cap�ons, etc. Submission Completed forms should be e-mailed to Donna Folland at follandd@oakgov.com Contact Informa�on: Donna Folland Supervisor – Planning and Resource Development (248) 736-9087 follandd@oakgov.com Exhibit B AMERICAN RESCUE PLAN ACT (ARPA) ASSURANCES/REQUIREMENTS The Parties agree: 1. Grant Funding. Subject to the terms and conditions of this Agreement, and in reliance upon the Grantee’s affirmations set forth below, the County agrees to make, and the Grantee agrees to accept, the Grant Amount. a. GRANTEE UNIQUE ENTITY IDENTIFIER (OR DUNS NUMBER): b. FEDERAL AWARD IDENTIFICATION NUMBER (FAIN): SLFRP2640 c. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER: 21.027 d. FEDERAL AWARD DATE: May 28, 2021 e. THE GRANT AMOUNG IS NOT FOR RESEARCH & DEVELOPMENT (R&D): The Grant Amount cannot be used for research and development related expenditures. f. INDIRECT COST RATE FOR FEDERAL AWARD: Indirect Costs are not eligible for this Agreement. g. DEFINED USE OF THE GRANT AMOUNT: The Grant Amount must be expended in accordance with the guidelines for ARPA funds 2. Grantee Affirmations: a. Grantee affirms that any and all representations made to County in connection with this grant were accurate, truthful and complete and remain so. Grantee acknowledges that all representations and information provided have been relied on by the County to provide funding under this Agreement. Grantee shall promptly notify County, in writing, of the occurrence of any event or any material change in circumstances which would make any Grantee representation or information untrue or incorrect or otherwise impair Grantee’s ability to fulfill its obligations under this Agreement. b. Grantee will comply with any federal, state, or local public health orders or mitigation recommendations regarding the COVID-19 pandemic which are in effect as of the date this Agreement is signed by both Parties. c. Grantee shall not use the Grant Amount for expenses for which the Grantee has received any other federal funds or emergency COVID-19 supplemental funding, whether it be state, federal, or private in nature, for the same expense. No portion of the Grant Amount shall be used for the purpose of obtaining additional Federal funds under any other law of the United States, except if authorized by law. Grantee shall promptly notify County if it receives insurance proceeds or other disaster assistance (public or private) that duplicates the funding received under this Agreement. The Grant Amount shall not be used to cover expenses that were reimbursed by insurance. d. Grantee shall not carry out any activities under this Agreement that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) and in accordance with Section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254; 132 Stat. 3442), which amended Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155). If the Grantee receives duplicate benefits from another source for projects related to this disaster, the Grantee must refund the benefits provided by the County to the County. Duplication of benefits occurs when Federal financial assistance is provided to a person or entity through a program to address losses resulting from a Federally-declared emergency or disaster, and the person or entity has received (or would receive, by acting reasonably to obtain available assistance) financial assistance for the same costs from any other source (including insurance), and the total amount received exceeds the total need for those costs. 3. Repayment/Remedies. Grantee is subject to repayment to the County of an amount equal to the Grant Amount received by Grantee in the event Grantee has made material misrepresentations to the County in its Application, voluntary bankruptcy or insolvency proceeding are commenced against the Grantee and not set aside within sixty (60) days, or the Grantee fails to otherwise comply with the requirements of this Agreement. In the event County later determines the information Grantee provided in conjunction with this Agreement, or that Grantee was ineligible for the Grant Amount, or that Grantee’s use of the Grant Amount following receipt was contrary to this Agreement, Grantee agrees to repay the Grant Amount to County in full. County further retains all rights and remedies allowed in law or equity, including seeking payment of its reasonable costs and expenses incurred enforcing its rights and remedies. 4. Access to Records and Audit. Payments from ARPA funds are subject to 2 C.F.R. 200.303 regarding internal controls, 2 C.F.R. 200.331-333 regarding subrecipient monitoring and management, and 2 C.F.R. Part 200 Subpart F regarding audit requirements. Where applicable, these requirements are considered legally binding and enforceable under this Agreement. Oakland County reserves the right to use any legal remedy at its disposal including, but not limited to, disallowance of costs, withholding of funds or recoupment as may be necessary to satisfy requirements. Subawards or subcontracts, if any, shall contain a provision making them subject to all of the provisions in this exhibit. Grantee shall maintain all records pertinent to the Agreement and any Amendments, including backup copies, for a period of five (5) years. The records shall be kept in accordance with generally accepted accounting practices, utilize adequate internal controls and shall maintain necessary documentation for all costs incurred, including documentation and an inventory of all equipment purchased with the Grant Amount. These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States or the “Internal Control Integrated Framework”, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). In addition to County, the U.S. Department of Treasury, or their authorized representatives, shall be provided the right to audit all records pertaining to the expenditure and use of the Grant Amount. All records with respect to any matters covered by this Agreement shall be made available to County, the Federal awarding 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 Grantee within 30 days after receipt by the Grantee. Failure of Grantee to comply with the audit requirements will constitute a violation of this Agreement. Fund payments are considered “other federal financial assistance” under Title 2 C.F.R. 200 – Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards (“Uniform Guidance”) and are subject to the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507 or program specific audit pursuant to 2 C.F.R. 200.501(a) when Grantee spends $750,000 or more in federal awards during their fiscal year. Fund payments are subject to 2 C.F.R. 200.303 regarding internal controls. Subrecipient must establish and maintain effective internal control over the Federal award that provides reasonable assurance that the Subrecipient is managing the award in compliance with Federal statutes, regulations, and the terms and conditions of the award. Fund payments are subject to 2 C.F.R. 200.330 through 200.332 regarding Grantee monitoring and management. Fund payments are subject to Subpart F regarding audit requirements. Failure of Grantee to comply with the audit requirements will constitute a violation of this Agreement. Grantee may be required to submit a copy of that audit to the County in accordance with the Uniform Guidance. 5. Compliance with Laws. Grantee shall comply with all federal, state, and local laws, statutes, ordinances, regulations, and all requirements applicable to its activities under the Agreement. This includes the following: a. Grantee must comply with 2 C.F.R. 200.303(e) and take reasonable measures to safeguard protected personally identifiable information, as defined in 2 C.F.R. 200.82, and other information County designates as sensitive or the Grantee considers sensitive consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. b. Grantee must comply with 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements. Grantee will not pass-through the Grant Amount to an entity listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. c. Grantee must register at sam.gov. d. Grantee must comply with Title VI of the Civil Rights Act of 1964, and any implementing regulations, which prohibits entities receiving Federal financial assistance from excluding from a program or activity, denying benefits or services, or otherwise discriminating against a person on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity). All applicable U.S. Department of Treasury Title VI regulations are incorporated into this Agreement and made a part of this Agreement. DISTRICT 1 CRYSTALLAKEPARK C I T Y O F P O N T I A C P A R K S A N D R E C R E A T I O N Introduction Pontiac Snapshot Crystal Lake Park Cost Estimates Table of Contents T H E CI T Y O F P O N T I A C 01 02 03 Crystal Lake Park Improvements 04 05 Introduction A NEW VISION FOR A VIBRANT AND SUSTAINABLE PARK SYSTEM IN THE CITY OF PONTIAC The City of Pontiac is requesting funding to reclaim and revitalize Crystal Lake Park so that its abundant environmental, recreational, and historic resources may be enjoyed and utilized by residents. Crystal Lake Park is located on 43 acres along the north side of Crystal Lake in the southwestern portion of the City. The requested funding will provide resources for cleanup of the park and lake shore, improving the ecology of the lake and surrounding area, and the repair and restoration of the amenities. Crystal Lake Park has the potential to enhance the lives of residents in their pursuit of recreation and leisure activities and will provide supplemental space for use by youth and senior programs. Green spaces in urban areas greatly reduce climate and health risks while also improving the physical and mental wellbeing and quality of life for residents. Cities with robust park systems experience stronger economies, a decrease in crime, increased property value, and protection from environmental impacts of urban landscapes. The benefits of redeveloping and restoring Crystal Lake Park are invaluable, and the public will reap those benefits by way of a stronger economy, safer neighborhoods, and a more resilient environment. THE CITY OF PONTIAC T H E CI T Y O F P O N T I A C Due to vandalism and the deteriorating condition of many of the park’s amenities, this park has been closed. The recreational facilities at the park once included basketball courts, an outdoor restroom, swing set, and fishing dock. Due to lack of resources, the most recent park improvements include demolishing and removing many park amenities that were in poor condition and barricading the entryway. Without Assistance, Crystal Lake Park will continue to remain closed, blighted, and subject to the ongoing attraction of debris and vagrancy. It is well understood economic principal that distressed and vacant property is a negative factor in property valuation, rent escalation, safety, and quality of life. The status quo of Crystal Lake Park means a continuation of a less than positive influence upon the City of Pontiac. Although the park has been closed, the park’s advantageous setting along the lake provides an opportunity for redevelopment at the site for recreation and green space. Potential park upgrades include creating a site plan for the park with waterfront actives and canoe/kayak launch, restoring and improving the boat launch and lake access site, re-establishing public access at the park, new benches and picnic tables, a new picnic shelter, a walking path along the waters edge, and natural vegetative buffers. Additional operational action items include preparing a ‘Crime Prevention Through Environmental Design’ master plan, working with the Clinton River Watershed Council and EGLE to test, monitor, and remediate lake and river water quality, and ensuring recreation facilities adhere to ADA standards and are accessible to all users regardless of age or ability. COUNCILWOMAN MELANIERUTHERFORD T H E CI T Y O F P O N T I A C CITY OF PONTIAC DISTRICT 1 P O P U L A T I O N The City of Pontiac is the home of roughly 61,000 residents, a myriad of corporations, non-profits, and small businesses. I N C O M E & E M P L O Y M E N T The median household income in Pontiac is $34,676. 60% of Pontiac residents are currently in the civilian labor force and 28% of residents are currently living below the poverty line. A G E & A C C E S S I B I L I T Y Presently, 25% of Pontiac residents are under the age of 18 and 17% of residents under the age of 65 identify as persons with disabilities. P A R K L A N D In total, the City of Pontiac owns 36 public parks and/or recreational facilities, totaling 530.26 acres of land. This includes 8 community parks, 10 neighborhood parks, 13 mini parks, and 2 linear parks CRYSTAL LAKE PARK T H E CI T Y O F P O N T I A C Park Entryway Fishing Pier 1. 2. The park is located in district one, is roughly 43 acres, and currently has an accessibility rating of 1. T HE C I T Y O F P O NT I A C CRYSTAL LAKE PARK CRYSTAL LAKE PARK IS LOCATED ON THE NORTHERN SHORES OF CRYSTAL LAKE IN THE SOUTHWESTERN PORTION OF THE CITY. Reccomended upgrades Create a new site plan for the park with waterfront activities and canoe/kayak launch Restore and improve boat launch and lake access site Install Crystal Lake historical marker Keep public access at the park Install new park entry sign New benches and picnic tables Picnic Shelter Walking path along waters edge with mile/kilometer markers Create a natural vegetative buffer at edge of Crystal Lake to reduce stormwater runoff Discourage area residents and park visitors from feeding the wildlife and water fowl Explore adding additional park amenities and public features THE CITY OF PONTIACTHANKS YOU FOR YOURCONTINUED PARTNERSHIP. Contact Alexan dra Borng esse r 14 7 4 5 0 Woo dwa rd Aven ue P ontiac M I 48342 www.pont iac.m i.u s abo r ngess er@po nti a c .m i.us 248 -758-3327 CRYSTAL LAKE PARK REVITILIZATION CITY OF PONTIAC CITY OF PONTIAC DEPARTMENT OF GRANTS & PHILANTHROPY POPULATION The City of Pontiac is the home of roughly 61,000 residents, a myriad of corporations, non-profits, and small businesses. INCOME & EMPLOYMENT The median household income in Pontiac is $34,676. 60% of Pontiac residents are currently in the civilian labor force and 27% of residents are currently living below the poverty line. AGE & ACCESSIBILITY Presently, 25% of Pontiac residents are under the age of 18 and 17% of residents under the age of 65 identify as persons with disabilities. PARK LAND In total, the City of Pontiac owns 36 public parks and/or recreational facilities, totaling 530.26 acres of land. This includes 8 community parks, 10 neighborhood parks, 13 mini parks, and 2 linear parks A NEW VISION FOR A VIBRANT AND SUSTAINABLE PARK SYSTEM IN THE CITY OF PONTIAC •Pontiac is comprised of roughly 61,000 residents •has a primarily Black/African American community (49.6%) •19.1% of residents identify as Hispanic/Latinx •Over 27% of the residents live in poverty •Approximately 11% of the population in the City of Pontiac are 65 years of age or older. PARK REVITILIZATION PROGRAM & COVID-19 THERE IS CLEAR EVIDENCE THAT THE PANDEMIC HAS NOT AFFECTED ALL AMERICANS EQUALLY. UNFORTUNATELY, THE MOST VULNERABLE AMONG US ARE FEELING THE EFFECTS OF THE PANDEMIC MOST INTENSELY. Green spaces in urban areas greatly reduce climate and health risks while also improving the physical and mental wellbeing and quality of life for residents. Cities with robust park systems experience stronger economies, a decrease in crime, increased property value, and protection from environmental impacts of urban landscapes. PARK REVITILIZATION PROGRAM & COVID-19 COUNCILWOMAN MELANIERUTHERFORD THE CITY OF PONTIAC DISTRICT 1 CRYSTAL LAKE PARK • Park Entryway • Fishing Pier The park is located in district one, is roughly 43 acres, and currently has an accessibility rating of 1. CRYSTAL LAKE PARK CRYSTAL LAKE PARK IS LOCATED ON THE NORTHERN SHORES OF CRYSTAL LAKE IN THE SOUTHWESTERN PORTION OF THE CITY. Reccomended upgrades Create a new site plan for the park with waterfront activities and canoe/kayak launch Restore and improve boat launch and lake access site Install Crystal Lake historical marker Keep public access at the park Install new park entry sign New benches and picnic tables Picnic Shelter Walking path along waters edge with mile/kilometer markers Create a natural vegetative buffer at edge of Crystal Lake to reduce stormwater runoff Discourage area residents and park visitors from feeding the wildlife and water fowl Explore adding additional park amenities and public features