HomeMy WebLinkAboutInterlocal Agreements - 2023.08.03 - 40488July 18, 2023, Approved Minutes
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Official Proceedings
Pontiac City Council
98th Session of the Eleventh Council
Call to order
A Meeting of the City Council of Pontiac, Michigan was called to order at the City Hall Council
Chambers, 47450 Woodward Ave Pontiac, MI 48342 on Tuesday, July 18, 2023, at 6:07 p.m. by Council
President Pro-Tem William Carrington.
Invocation – Pastor Kathalee James
Pledge of Allegiance to the Flag of the United States
Moment of Silence
Roll Call
Members Present – William Carrington, Kathalee James, William Parker, Jr., and Melanie Rutherford
Mayor Greimel was present.
A quorum was announced.
Excuse Councilmembers
Motion to excuse Councilman Mikal Goodman, Mike McGuinness, and Bret
Nicholson for personal reasons. Moved by Councilperson Parker and second by Councilperson
Carrington.
Ayes: Carrington, James, Parker, and Rutherford
No: None
Motion Carried
Amendments to and Approval of the Agenda
Motion to approve the agenda. Moved by Councilperson Rutherford and second by
Councilperson Parker.
Ayes: James, Parker, Rutherford and Carrington
No: None
Motion Carried
Council President Mike McGuinness arrived at 6:10 p.m. and assumed the chair
Councilman Mikal Goodman arrived at 6:11 p.m.
Consent Agenda
23-258 (A) Resolution to approve the consent agenda for July 18, 2023. Moved by
Councilperson Rutherford and second by Councilperson Parker.
Whereas, the City Council has reviewed the consent agenda for July 18, 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the consent agenda for July 18,
2023, including July 11, 2023, City Council Minutes, Resolution to extend date for services through
September 30, 2023 for the Art Crawl events (no change to cost), and Resolution to approve the
amendments to the Agreements for Local Fiscal Recovery Fund Distribution between Oakland County
July 18, 2023, Approved Minutes
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and The City of Pontiac for the Healthy Communities Park and Outdoor Recreation Investment Plan
Grant award in the amount of $500,000 for the Crystal Lake Park Revitalization Project.
Ayes: James, McGuinness, Parker, Rutherford, Carrington and Goodman
No: None
Resolution Passed
23-258 (B) Resolution to extend date for services through September 30, 2023, for the Art
Crawl events. (no change to cost) Moved by Councilperson Rutherford and second by Councilperson
Parker.
WHEREAS, The Purchasing Manager has ensured that the purchase is following the City’s municipal
code, Division II. Purchasing, Section 2-517, 2-518, and 2-519 pertaining to major purchases;
WHEREAS, the Purchasing Manager is requesting approval to amend the contract with The Major
Group, LLC by two months, expiring September 30, 2023.; NOW, THEREFORE
RESOLVED, The Pontiac City Council approves the Mayor or Mayor Designee to execute the contract
amendment with The Major Group, LLC.
Ayes: James, McGuinness, Parker, Rutherford, Carrington and Goodman
No: None
Resolution Passed
23-258 (C) Resolution to approve the amendments to the Agreements for Local Fiscal Recovery
Fund Distribution between Oakland County and The City of Pontiac for the Healthy Communities
Park and Outdoor Recreation Investment Plan Grant award in the amount of $500,000 for the
Crystal Lake Park Revitalization Project. Moved by Councilperson Rutherford and second by
Councilperson Parker.
WHEREAS, has been awarded $500,000 from the Oakland County Healthy Communities Park and
Outdoor Recreation Investment Plan Grant program in support of Crystal Lake Park; and,
WHEREAS, the City of Pontiac requested this funding to reclaim and revitalize Crystal Lake Par k so that
its abundant environmental, recreational, and historic resources may be enjoyed and utilized by residents;
and,
WHEREAS, Oakland County requires an Agreement for Local Fiscal Recovery Fund Distribution
Between Oakland County and The City of Pontiac to be executed before they can disburse the funds; and,
WHEREAS, the agreement was previously approved by the Pontiac City Council, but Oakland County
requires an updated resolution to reflect amendments to the original agreement.
NOW THEREFORE, be it resolved that the Pontiac City Council hereby authorizes Mayor Tim Greimel
to execute the amendments to the Agreement for Local Fiscal Recovery Fund Distribution Between
Oakland County and The City of Pontiac for the Healthy Communities Park and Outdoor Recreation
Investment Plan Grant award in the amount of $500,000 for the Crystal Lake Park Revitalization Project.
Ayes: James, McGuinness, Parker, Rutherford, Carrington, and Goodman
No: None
Resolution Passed
Special Presentation
Master Plan Update Process
Presentation Presenter: Mark Yandrick, Planning Manager
Recognition of Elected Officials
1. Tameka Ramsey, Chair of the Charter Revision Commission
July 18, 2023, Approved Minutes
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2. Beatrice Wright, Precinct #3 Delegate
Agenda Address
1. Robert Bass addressed item #1
2. Beatrice Wright addressed item #1
3. Dr. Deirdre Waterman addressed Charter and item #1
4. Darlene Clark addressed item #1
5. Carlton Jones addressed item #1
6. Gloria Miller addressed Charter and item #1
Agenda Items
City Council
23-259 Resolution Honoring the Life and Service of Anthony Dombrowski. Moved by
Councilperson Rutherford and second by Councilperson Parker.
Whereas, Mr. Anthony Dombrowski was a highly involved member of our Pontiac community for many
years, serving through multiple civic organizations and frequent volunteer activities; and,
Whereas, Mr. Dombrowski worked for decades for the City of Pontiac, retiring as the Parks and Forestry
Supervisor; and,
Whereas, through his decades of work, he improved the quality of life for past, present, and future
Pontiac residents; and,
Whereas, Mr. Dombrowski passed away on July 7, 2023, at the age of 72, which is a tragic loss for his
family and our community; now,
Therefore, Be It Resolved, that the Pontiac City Council hereby acknowledges the life and service of Mr.
Anthony Dombrowski, and morns his passing; and further
Resolved, the City Council extends our deepest sympathies to the family, friends, neighbors, and
colleagues of Mr. Dombrowski.
Ayes: McGuinness, Parker, Rutherford, Carrington, Goodman, and James
No: None
Resolution Passed
23-260 Resolution in support of Webster Community Center. Moved by Councilperson
Carrington and second by Councilperson Rutherford.
Whereas, the City of Pontiac strives to be an exceptional place for all of our residents to live, work,
enjoy, and thrive; and, Whereas, the redevelopment of the former Webster Elementary School, currently
vacant and in disrepair, into a thriving community center will have a massively positive impact on the
surrounding neighborhood and the entire City of Pontiac; and, Whereas, this project will transform the
existing large blighted structure into an active center for residents to use for physical activity, health
services, fresh produce, nonprofit spaces, and a hub for local entrepreneurs and community gatherings;
and, Whereas, the former Webster Elementary School is an important historic landmark for the City of
Pontiac as well as the nation, and in January 2022 the Pontiac City Council adopted a resolution
supporting the addition of the Webster School to the National Register of Historic Places, which did
successfully take place later that year; and, Whereas, the Micah 6 Community nonprofit organization has
successfully secured the substantial resources necessary to undertake this project construction; now,
Therefore, Be It Resolved, the Pontiac City Council hereby formally declares the City of Pontiac’s
support for the Webster Community Center project; and further Resolved, the City submits our support
of the project via correspondence to the Michigan Strategic Fund for their review; and further Resolved,
we are grateful for the Michigan Strategic Fund’s continued interest in this crucial project in our Pontiac
community.
July 18, 2023, Approved Minutes
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Ayes: Parker, Rutherford, Carrington, James, and McGuinness
No: None
Resolution Passed
Councilman Mikal Goodman was absent during the vote
Grants and Philanthropy
23-261 Resolution to approve the agreement for participation in the OCAT Project and
Receipt of Automobile Theft Prevention Authority (ATPA) Grant Funds between Oakland County
(Oakland County Sheriff’s Office) and the City of Pontiac (Oakland County Sheriff’s Office-
Pontiac) Moved by Councilperson Rutherford and second by Councilperson Carrington.
WHEREAS, the goal of OCAT is to reduce the number of motor vehicle thefts in each grant area by
investigating cases that have the highest potential for reducing the demand for stolen vehicles, arresting
individuals who are involved, and reducing false motor vehicle theft reports; and,
WHEREAS, this Agreement will reduce the economic gain associated with motor vehicle theft by
recovering stolen vehicles/parts/equipment and by identifying fraudulent insurance activity; and,
WHEREAS, OCAT will submit an application to the ATPA (Auto Theft Prevention Authority) Grant
program for reimbursement of Police Officer overtime wages through participation in OCAT; and,
NOW THEREFORE BE IT RESOLVED that the City Council hereby authorizes the Mayor, Tim
Greimel, to sign onto the Agreement for Participation in OCAT between Oakland County and City of
Pontiac (Oakland County Sheriff’s Office –Pontiac) and City of Hazel Park (Hazel Park Police Dept.) and
City of Farmington Hills (Farmington Hills Police Dept.) and City of Detroit (Detroit Police Dept.) and
City of Southfield (Southfield Police Dept.)
Ayes: Parker, Rutherford, Carrington, Goodman, James, and McGuinness
No: None
Resolution Passed
23-262 Resolution to authorize the Mayor to execute the Lowe’s Hometowns Grant
Program Agreement 2023. Moved by Councilperson Carrington and second by Councilperson
Rutherford.
WHEREAS, the City of Pontiac has been awarded $200,000 from the Lowe’s Hometowns Grant
Program; and,
WHEREAS, the Lowe’s Hometowns Grant Program will serve as the grant maker, and is administered by
Points of Light; and,
WHEREAS, the grant award will support critical improvements to the Ruth Peterson Senior Center; and,
WHEREAS, the grant award does not have a matching requirement; and,
WHEREAS, the term of the Agreement ends November 15th, 2023.
NOW THEREFORE BE IT RESOLVED that the City Council hereby authorizes Mayor Tim Greimel to
execute the Lowe’s Hometowns Grant Program Agreement 2023 in acceptance of the $200,000 grant
award, and to submit and execute documents requested by Lowe’s Hometowns Grant Program related to
the grant award.
Ayes: Rutherford, Carrington, Goodman, James, McGuinness, and Parker
No: None
Resolution Passed
23-263 Resolution to authorize the City Clerk to publish the proposed budget amendment
for Fiscal Year 2023-24 to increase budgeted revenues in the amount of $200,000 to account 212-
000-675.000-LOWESH – Contribution from private source, and appropriations in the amount of
$37,308 to account 212-813-818.000-LOWESH – Other Professional Services, $70,792 to account
July 18, 2023, Approved Minutes
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212-813-976.001-LOWESH - Building Additions and Improvements, and $91,900 to account 212-
813-977.008-LOWESH – Special Equipment, reflecting the Lowe’s Hometowns Grant Award.
Moved by Councilperson Rutherford and second by Councilperson Carrington.
WHEREAS, the City of Pontiac was awarded $200,000 from the Lowe’s Hometowns Grant Program;
and,
WHEREAS, the grant award will support kitchen and flooring renovations at the Ruth Peterson Senior
Center; and,
WHEREAS, the funds from the grant will increase the budgeted revenue for the current fiscal year
2023-2024 in the amount of $200,000 for grant income, and increase the appropriations in the
amount of $200,000, representing grant expenditures.
NOW THEREFORE, be it resolved that the City Council hereby authorizes the City Clerk to publish the
proposed budget amendment for the Fiscal Year 2023-24 Budget as requested by the Administration to
increase budgeted revenues in the amount of $200,000 to account 212-000-675.000-LOWESH –
Contribution from private source, and appropriations in the amount of $37,308 to account 212-813-
818.000-LOWESH – Other Professional Services, $70,792 to account 212-813-976.001-LOWESH -
Building Additions and Improvements, and $91,900 to account 212-813-977.008-LOWESH – Special
Equipment
Ayes: Carrington, Goodman, James, McGuinness, Parker, and Rutherford
No: None
Resolution Passed
23-264 Resolution to authorize the City Clerk to publish the proposed budget amendment
for Fiscal Year 2023-24 to establish budget appropriations in the amount of $1,100,000 to account
285-699-818.000-ARPHRP Other Professional Services. Moved by Councilperson Rutherford and
second by Councilperson Parker.
WHEREAS, the City of Pontiac was allocated $37.7 million from the State and Local Fiscal Recovery
Fund (SLFRF) under the American Rescue Plan Act (ARPA), and;
WHEREAS, the funding provided under ARPA provides a unique opportunity for state and local
governments to make strategic investments in long-lived assets, rebuild reserves to enhance financial
stability, and cover temporary operating shortfalls until economic conditions and operations normalize in
the wake of COVID-19, and;
WHEREAS, the City’s Executive Administration worked to build a programming budget for the use of its
$37,700,000 in SLFRF funding that reflects the needs of the community, and;
WHEREAS, the Pontiac City Council unanimously approved the Executive Administration’s ARPA
Program Budget on November 10th, 2022, allocating $3,622,000 to establish a home repair program and
fund the administration of the program, and;
WHEREAS, in an effort to put ARPA funds into action, and to mitigate the impacts of COVID-19 on
Pontiac residents, the City has established the Pontiac Home Repair Program (PHRP), and;
WHEREAS, the Pontiac City Council approved phase 1 of the PHRP funding on March 13th, 2023, and;
WHEREAS, the number of inquiries the PHRP team received far surpasses the amount of resources that
are available under Phase 1 of the program, and;
WHEREAS, the following budget amendment reflects Phase 2 funding for the Pontiac Home Repair
Program and associated costs, and;
WHEREAS, the budget amendment will increase the budgeted appropriations in the amount of
$1,100,000, representing the Pontiac Home Repair Program expenditures.
NOW THEREFORE, be it resolved that the City Council hereby authorizes the City Clerk to publish the
proposed budget amendment for the Fiscal Year 2023-24 Budget to establish budget appropriations in the
amount of $1,100,000 to account 285-699-818.000-ARPHRP Other Professional Services.
July 18, 2023, Approved Minutes
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Ayes: Goodman, James, McGuinness, Parker, Rutherford, and Carrington
No: None
Resolution Passed
Mayor’s Office
23-265 Resolution to approve an agreement with National Network for Safe Communities
to develop and implement a Group Violence Program in the City of Pontiac for a two-year period.
Moved by Councilperson Rutherford and second by Councilperson Carrington.
WHEREAS, the National Network for Safe Communities presented the City of Pontiac with a proposal to
implement the Group Violence Intervention Program for two years; and, WHEREAS, the Mayor, has
reviewed and recommends the proposal; and WHEREAS, there is available funding through ARPA
funds; NOW, THEREFORE BE IT RESOLVED, that the City Council approves the proposal from the
National Network for Safe Communities and authorizes the Mayor to enter into a two year agreement
with the National Network for Safe Communities for Group Violence Intervention for an amount not to
exceed $283,952.
Ayes: James, McGuinness, Parker, Rutherford, Carrington, and Goodman
No: None
Resolution Passed
Public Comment
1. Carlton Jones
2. Beatrice Wright
3. Robert Bass
4. Jean Matthews
5. Darren Gordon
6. Tameka Ramsey
7. Darlene Clark
8. Dennis Thompson
9. Dr. Deirdre Waterman
10. Gloria Miller
Closed Session
23-266 Resolution to proceed into closed session at 8:27 p.m. pursuant to Section 8(d) of the
Open Meetings Act, MCL 15.268(d) to consider the purchase or lease of real property. Moved by
Councilperson Goodman and second by Councilperson Parker.
WHEREAS, the City Council wishes to consider the purchase or lease of real property and
WHEREAS, the Michigan Open Meetings Act Section 8(d) of MCL 15.268 provides that a public body
may meet in closed session to consider the purchase or lease of real property up to the time an option to
purchase or lease such real property is obtained.
NOW, THEREFORE BE IT RESOLVED, the City Council will proceed in Closed Session pursuant to
Section 8(d) of the Open Meetings Act, MCL 15.268(d) to consider the purchase or lease of real
property.
Ayes: Carrington, Goodman, James, McGuinness, and Parker
No: None
Motion Carried
Councilwoman Melanie Rutherford was absent during the vote
July 18, 2023, Approved Minutes
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Motion to come out of closed session at 9:54 p.m. Moved by Councilperson Parker and
second by Councilperson Goodman.
Ayes: Parker, Rutherford, Carrington, Goodman, James, and McGuinness
No: None
Motion Carried
Communications
City Council and Mayor’s Office
Mayor, Clerk and Council Closing Comments
Councilwoman Melanie Rutherford and Council President Mike McGuinness made closing comments.
Adjournment
Motion to adjourn the meeting. Moved by Councilperson Rutherford and second by
Councilperson Parker.
Ayes: Parker, Rutherford, Carrington, Goodman, James and McGuinness
No: None
Motion Carried
Council President Mike McGuinness adjourn the meeting at 10:01 p.m.
__________________________
Garland S. Doyle
City Clerk
August 24, 2023
Michigan Department of State
Office of the Great Seal
Richard H. Austin Building, 1st Floor
430 W. Allegan
Lansing, MI 48918
Dear Office of the Great Seal:
On May 11, 2023 the Board of Commissioners for Oakland County entered into an agreement per Report #2023-3154 –
Parks and Recreation Grant Agreement with the City of Pontiac for the Crystal Lake Revitalization Project.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of
Oakland and the City of Oak Park, and the authorizing Board of Commissioners Resolution are enclosed for filing by your
office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center, Building #14 East
1200 N. Telegraph Rd.
Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell, CERA
Director of Elections
Cc: Donna Dyer, Corporation Counsel, Oakland County
Erika Munoz-Flores, Corporation Counsel, Oakland County
Garland Doyle, Clerk, City of Pontiac
Jami Monte, Staff Assistant, Parks and Recreation
Enclosures
AGENDA ITEM: Grant Agreement Amendment with the City of Pontiac for the Crystal Lake
Revitalization 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 #2023-3154
Motion to approve the amended "Exhibit B" to the Grant Agreement with the City of Pontiac for the
Crystal Lake Park Revitalization Project and authorize the Chair to execute the amended agreement
on behalf of the Board.
ITEM CATEGORY SPONSORED BY
Interlocal Agreement Gary McGillivray
INTRODUCTION AND BACKGROUND
At the May 25, 2023 meeting, the Board of Commissioners approved a resolution authorizing the
execution of an interlocal grant agreement with the City of Pontiac to disburse up to $500,000 for
the completion of the Crystal Lake Park Revitalization Project. Funding for the grant was allocated
in the Healthy Communities Park and Outdoor Recreation Investment Plan utilizing American
Rescue Plan Act funding. Guidehouse, Oakland County's advisor for the utilization and compliance
of ARPA funding, has requested that an amendment be approved to Exhibit B of the agreement
document. The revisions reflect the greater flexibility and reduced compliance requirements under
the revenue replacement provisions of the ARPA regulations and have no impact to the scope or
amount of the grant.
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 Pontiac Grant Agreement (Crystal Lake Park)
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
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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
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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
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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
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
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: ECYJEM17LPN1, DUNS:
831471144
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
8/8/2023
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
DISTRICT 1
CRYSTALLAKEPARK
CITY OF PONTIAC PARKS
AND RECREATION
Introduction
Pontiac Snapshot
Crystal Lake Park
Cost Estimates
Table of Contents
THE CITY OF PONTIAC
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
THE CITY OF PONTIAC
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
THE CITY OF PONTIAC
CITY OF PONTIAC
DISTRICT 1
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 28% 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
CRYSTAL LAKE PARK
THE CITY OF PONTIAC
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.
THE CITY OF PONTIAC
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
Alexandra Borngesser
147450 Woodward Avenue
Pontiac MI 48342
www.pontiac.mi.us
aborngesser@pontiac.mi.us
248-758-3327
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: ECYJEM17LPN1, DUNS:
831471144
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