HomeMy WebLinkAboutReports - 2023.08.03 - 40451
AGENDA ITEM: Grant Agreement with the City of Hazel Park for the Community Center Renovation
Project
DEPARTMENT: Parks & Recreation
MEETING: Board of Commissioners
DATE: Thursday, August 3, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3155
Motion to approve the Grant Agreement in an amount not to exceed $300,000 with the City of Hazel
Park for the Community Center Project and authorize the Chair to execute the agreement on behalf
of the Board.
ITEM CATEGORY SPONSORED BY
Interlocal Agreement Gary McGillivray
INTRODUCTION AND BACKGROUND
The Healthy Communities and Outdoor Recreation Investment Plan allocated a $300,000 grant to
the City of Hazel Park for their Community Center Improvement Project. A grant agreement with the
City of Hazel Park is needed for the disbursement of $300,000 allocation to support renovations at
the Hazel Park Community Center. Additional funding for this project is being provided by a
$200,0000 grant from the Board’s Senior Center program. Project funding will support HVAC
improvements, flooring updates, ADA-compliant doors, bathroom improvements, as well as
renovations to the former art room that will be utilized as an Oakland County Parks South
Recreation Office. An additional $500,000 grant secured in congressional Community Project
Funding to renovate the adjacent building currently utilized for storage for community meeting
space.
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
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 8/3/2023
AGENDA DEADLINE: 08/03/2023 6:00 PM
ATTACHMENTS
1. 9 - Revised Hazel Park Grant Agreement (Community Center) (1)
COMMITTEE TRACKING
2023-07-25 Legislative Affairs & Government Operations - Recommend to Board
2023-08-03 Full Board - Adopt
Motioned by: Commissioner Ajay Raman
Seconded by: Commissioner Angela Powell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman (17)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray (1)
Passed
Page 1 of 7
This Agreement is between the City of Hazel Park, 111 East Nine Mile Road, Hazel Park, MI
48030 (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): Hazel Park Community Center
Modernization Project
Grant Amount (“Grant Amount”): $300,000
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:
___________________________________________
Name: Date
Title:
___________________________________________
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 Hazel Park
2.1.2. Name/Title: Sareen Papakhian, Director of Recreation
2.1.3. Address: 111 East Nine Mile Road, Hazel Park, MI 48030
2.1.4. Telephone Number: 248-547-5535
2.1.5. E-Mail Address: hprecreation@hazelpark.org
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: Hazel Park Community Center Moderniza�on Project
Oakland County City, Village, or Township Name: City of Hazel Park
Name of Primary Grant Contact: Sareen Papakhian, Director of Recrea�on
Primary Contact Phone: 248-547-5535
Primary Contact Email: hprecrea�on@hazelpark.org
Exhibit A
Healthy Communi�es Park and
Outdoor Recrea�on Investment Plan
Grant Project Descrip�on
II.Financial Informa�on
Total Project Budget: $__500,000________________
OCPR Healthy Communi�es Grant: $ 300,000
Remaining Project Budget: $_200,000__________________
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 $ 300,000
Oakland County Board of Commissioners Senior Grant $ 200,000
$
$
$
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
AKA ARCHITECTS- OFFICE UPGRADES 1 $ 500,000
•HVAC improvements $
•Flooring updates $
•ADA -compliant doors $
•Bathroom improvements $
•Office upgrades for OCPR $
Total Project Budget $ 500,000
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)
Hazel Park’s 2020 Parks and Recrea�on Master Plan contains several goals and objec�ves that
intend to provide an opera�onal framework for future decisions related to the provision of parks
and recrea�on. Goal 7 is: improve the quality and number of services, ac�vi�es, and programs
for seniors and adults 55 and over to meet the social, educa�onal, health, recrea�onal, and
social service needs of the city’s growing senior popula�on. This project’s planned upgrades to
the Hazel Park Community Center would allow an increase in the level of senior ac�vi�es and
programs.
2. Describe the physical loca�on of the proposed project and ownership of the property. (100
words max)
The physical loca�on is located on 620 W. Woodward Height, Hazel Park, MI 48030. The owner
of the property is the City of Hazel Park.
3. Describe the project design and why it was chosen. (250 words max)
As part of the Healthy Communi�es Park and Outdoor Recrea�on Investment Plan, the Oakland
County Parks and Recrea�on Commission has awarded the City of Hazel Park a grant of $300,000
for Community Center improvements. These improvements will include updates to the Hazel
Park Community Center Art Room. The updated room will be leased as Oakland County Parks
and Recrea�on's outreach office in southern Oakland County, incorpora�ng window
improvements, reac�va�on of the service window, and HVAC improvements. The lease of this
space to the County shall be accomplished through a separate lease agreement executed
between Hazel Park and the County. Remaining grant funds will be used to con�nue the overall
improvement of the Hazel Park Community Center, including but not limited to HVAC
improvements, flooring, ADA doors, and bathroom improvements.
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)
The project posi�vely impacts equity and jus�ce by furthering the quality of a community center
located in an underserved community. Hazel Park residents have lower levels of educa�onal
atainment than residents of Oakland County with just 16.6% of the community holding a
bachelor’s degree or higher compared to 48.0% county wide. The City of Hazel Park is also a less
affluent community with a median household income of $50,871, which is 41 percent lower than
Oakland County’s median household income of $86,275. Addi�onally, the poverty rate for adults
in Hazel Park is 17.1%, more than double the County’s poverty rate (7.5%). The requested funds
would help fulfill the intent of the Healthy Communi�es Park and Outdoor Recrea�on
Investment Plan to revitalize and enhance parks located in or servicing residents of communi�es
most impacted by the pandemic; improve physical and mental health, social connec�vity, and
quality of life of residents; and address barriers to equitable access and use of quality park and
recrea�on opportuni�es for residents of all ages and abili�es.
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)
Climate adapta�on and resilience in the project can be seen in the upgrades being made to the
HVAC system, which will allow for the community center to con�nue to be a “cooling/warming
center,” which gives the community a safe environment when there are extreme weather events.
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)
The project will increase access to public spaces that will result in beter u�liza�on and more
op�ons for the residents of Hazel Park. By incorpora�ng ADA-compliant upgrades, the project
goal will further access for all- which will result in the greater social health of the community.
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)
The Senior Center facility will con�nue to be managed and maintained for the long-term by the
City of Hazel Park, as it has since 1955. The project will be executed by the City of Hazel Park
recrea�on department. Equipment needs will be addressed by the department of public works
in coopera�on with the department of recrea�on.
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)
The project will meet ADA guidelines. One principal that will be incorporated into the project is
the installa�on of ADA-compliant doors.
IV. Atachments
1. Project loca�on map
2. Site plan or site map – See next page
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
Atachment – Hazel Park Community Center Improvements Schema�c
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, OCPRC agrees to make,
and the Grantee agrees to accept, the Grant Amount.
a. GRANTEE UNIQUE ENTITY IDENTIFIER: 010874691
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 AMOUNT 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 OCPRC in
connection with this Agreement were accurate, truthful and complete and
remain so. Grantee acknowledges that all representations and information
provided have been relied on by the OCPRC to provide funding under this
Agreement. Grantee shall promptly notify OCPRC, 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 may not use grant funds 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 grant funds may 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 OCPRC if it receives
insurance proceeds or other disaster assistance (public or private) that
duplicates the funding received under this Agreement. Grant funds may not
be used to cover expenses that were reimbursed by insurance.
c. 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 OCPRC to the
OCPRC. 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 OCPRC of an
amount equal to the grant funds received by Grantee in the event Grantee has
made material misrepresentations to the OCPRC, voluntary bankruptcy or
insolvency proceedings 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 OCPRC later determines the
information Grantee provided in conjunction with this Agreement, or that Grantee
was ineligible for this Agreement, or that Grantee’s use of the grant funds following
receipt was contrary to this Agreement, Grantee agrees to repay the grant funds
to OCPRC in full. OCPRC 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.
a. 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, and the Grantee shall utilize adequate internal controls and
maintain necessary documentation for all costs incurred, including
documentation and an inventory of all equipment purchased with grant
funds. 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).
b. In addition to OCPRC, 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 grant funds. All records with respect to any
matters covered by this Agreement shall be made available to OCPRC, 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.
c. Grantee must establish and maintain effective internal control over the
Federal award that provides reasonable assurance that they are managing
the award in compliance with Federal statutes, regulations, and the terms
and conditions of the award.
5. Compliance with Laws.
a. Grantee shall comply with all federal, state, and local laws, statutes,
ordinances, regulations, and all requirements applicable to its activities
under this Agreement. This includes the following:
b. Grantee must take reasonable measures to safeguard protected personally
identifiable information, as defined in 2 C.F.R. 200.82, and other information
OCPRC designates as sensitive or the Grantee considers sensitive
consistent with applicable Federal, state, and local laws regarding privacy
and obligations of confidentiality.
c. Grantee must comply with 31 U.S.C. Chapter 38, Administrative Remedies
for False Claims and Statements. Grantee will not pass-through grant funds
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
d. Grantee must register at sam.gov.
e. 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.
f. Public Body must comply with 2 C.F.R. Part D, Post Federal Award
Requirements, being 200.300 et seq., where applicable.
Revised 06-27-23