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HomeMy WebLinkAboutReports - 2023.11.16 - 40737 AGENDA ITEM: Grant Agreement with the City of Southfield for Local Park Improvements under the Healthy Communities Park and Outdoor Recreation Investment Plan DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Thursday, November 16, 2023 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3542 Motion to approve the attached Healthy Communities Park and Outdoor Recreation Investment Plan Grant Agreement with the City of Southfield to support local park improvements. ITEM CATEGORY SPONSORED BY Grant Gary McGillivray INTRODUCTION AND BACKGROUND $500,000 in American Rescue Plan Act funds was allocated for grant funding to the City of Southfield for local park improvements within the Healthy Communities Plan approved by the Board in October 2022. The City has requested that these funds be utilized to provide funding support for a new playground at Beech Woods Park. The grant agreement provides for an upfront payment of 50% to the City with the remaining amount released at project completion (and within ARPA requirements). POLICY ANALYSIS The Board of Commissioners approved the Healthy Communities Park and Outdoor Recreation Investment Plan (ARPA) on October 20, 2022 through MR #22-338. Included in the Plan was $500,000 to be used for a splash pad or playground in the City of Southfield. It was determined to use the funding to support the development of a new playground and shade structure located in Beech Woods Park. There is no local match required and the total project cost is $625,000 with the balance of funding coming from the City of Southfield’s Parks and Recreation budget. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Chris Ward, Director Parks & Recreation ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 11/16/2023 AGENDA DEADLINE: 11/16/2023 9:30 AM ATTACHMENTS 1. Healthy Communities Grant Agreement COMPILED SOUTHFIELD 2023-11-01 COMMITTEE TRACKING 2023-11-07 Legislative Affairs & Government Operations - Recommend to Board 2023-11-16 Full Board - Adopt Motioned by: Commissioner Yolanda Smith Charles Seconded by: Commissioner Philip Weipert 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, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (17) No: None (0) Abstain: None (0) Absent: Charles Cavell (1) Passed Page 1 of 7 This Agreement is between the City of Southfield (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): Beech Woods Playground and Shade Structure Grant Amount (“Grant Amount”): $500,000 Local Match Amount (“Match Amount”): Not Applicable—No local match required Total Project Amount: $625,000 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: Southfield Parks and Recreation Department 2.1.2. Name/Title: Terry Fields, Parks and Recreation Director 2.1.3. Address: 26000 Evergreen Road, Southfield, MI 48076 2.1.4. Telephone Number: (248) 796-4617 2.1.5. E-Mail Address: tfields@cityofsouthfield.com 2.2. OCPRC Contact 2.2.1. Name/Title: Donna Folland / Chief – 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 RecreaƟon Commission (OCPR) for $15M in Oakland County American Rescue Act (ARPA) State and Local Fiscal Recovery Funds to invest in park and outdoor recreaƟonal spaces. Within this OCPR Healthy CommuniƟes Park and Outdoor RecreaƟon Investment Plan Grant Program, funds have been allocated for grants to communiƟes idenƟfied by the Oakland County Board of Commissioners for local park and outdoor recreaƟon 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 CommuniƟes Grant Steps  Complete grant project descripƟon form – will be aƩached to Grant Agreement as Exhibit A  Execute Grant Agreement by City and Oakland County)  Release of grant funds to community (50% Upon execuƟon of grant agreement and 50% upon Project compleƟon)  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 InformaƟon Project Title: Beech Woods Playground and Shade Structure Oakland County City, Village, or Township Name: City of Southfield Name of Primary Grant Contact: Terry Fields Primary Contact Phone: (248) 796-4617 Primary Contact Email: ƞields@cityofsouthfield.com Exhibit A Healthy CommuniƟes Park and Outdoor RecreaƟon Investment Plan Grant Project DescripƟon II. Financial InformaƟon Total Project Budget: $ 625,000 OCPR Healthy CommuniƟes Grant: $ 500,000 Remaining Project Budget: $ 125,000 Funding Sources: In the table below, indicate all sources of funding for the project, including the OCPR Healthy CommuniƟes Grant. They must equal or exceed the Total Project Budget. Funding Source Amount OCPR Healthy CommuniƟes Grant $ 500,000 Other source: Southfield Parks & RecreaƟon Budget (FY 2023-24) $ 125,000 $ Total Project Budget $ 625,000 Detail Scope: In the table below, indicate scope items for the project, including any conƟngency and design fees and esƟmated costs. Scope Item QuanƟty Amount Playground and Shade Structure 1 $ 625,000 $ $ Total Project Budget $ 625,000 III. Project DescripƟon 1. Indicate how and where this project is addressed in relevant community planning documents, which may include: 5-Year Parks and RecreaƟon 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 applicaƟon PDF document. (100 word maximum) a. InstallaƟon of a playground in this locaƟon is idenƟfied in the July 20, 2021 Beech Woods Master Plan presentaƟon. hƩps://www.cityofsouthfield.com/sites/default/files/2021- 08/2021-0730-master-plan-presentaƟon.pdf b. ImplementaƟon of the Beech Woods Master Plan is listed as an acƟon item in the Southfield Parks and RecreaƟon Master Plan 2022-2026. hƩps://www.cityofsouthfield.com/sites/default/files/2022- 03/FINAL_Southfield_plan.pdf 2. Describe the physical locaƟon of the proposed project and ownership of the property. (100 words max). Beech Woods Park, 22200 Beech Rd, Southfield, MI 48033 3. Describe the project design and why it was chosen. (250 words max). The Beech Woods Park design is thoughtfully crafted to offer an array of amenities that will enrich the lives of its residents. Among its features, the park includes a newly constructed parking lot to ensure convenient access for visitors. The centerpiece of the park is an inclusive play area and playground, designed to provide a safe and engaging environment for children of all abilities. This inclusive approach promotes social interaction and enables children to develop valuable friendships while playing together. To further enhance the park's appeal, a spacious picnic shelter is incorporated into the design. This shelter serves as a versatile space that can accommodate various events, from small family gatherings to larger community celebrations. It provides ample room for hosting parties, reunions, and other social gatherings, fostering a sense of togetherness and strengthening community bonds. In addition to the play area and picnic shelter, Beech Woods Park offers well-maintained walking paths that wind through its natural beauty. These paths provide opportunities for residents to immerse themselves in nature, enjoy leisurely strolls, and engage in physical activity while appreciating the tranquility of the surroundings. The park's commitment to promoting an active and healthy lifestyle is further reinforced by the inclusion of a four-season restroom facility, ensuring the comfort and convenience of park visitors year-round. 4. Does the project posiƟvely impact equity and jusƟce and/or provide parks and recreaƟon services that feel safe and welcoming to everyone? If so, please summarize here. (250 words max). The emphasis on fostering interacƟons and forming new friendships within the park further contributes to equity and jusƟce. By creaƟng a welcoming environment that encourages social engagement, Beech Woods Park helps to build a sense of belonging and promotes social cohesion within the community. This is parƟcularly important for marginalized groups who may face social isolaƟon or limited opportuniƟes for connecƟon. 5. Does the project consider sustainable design/construcƟon pracƟces and help build community resilience and adaptaƟon to climate change? If so, please summarize here. (250 words max). The Beechwoods Park design incorporate sustainable pracƟces that contribute to community resilience and help adapt to climate change. Here are a few key items: A. Sustainable Materials: The goal for the design is to call for sustainable and locally sourced materials whenever possible during construcƟon. This reduces the carbon footprint associated with transportaƟon and supports the local economy. B. NaƟve Landscaping: The design will strive to incorporate naƟve plant species in the park's landscaping. NaƟve plants are adapted to the local climate and require less water, ferƟlizer, and maintenance. They also support local ecosystems, aƩract pollinators, and contribute to biodiversity conservaƟon. C. Climate-Resilient Design: The design will consider the long-term impacts of climate change when designing park infrastructure. This may involve incorporaƟng features like shade structures, heat-resistant materials, and resilient landscaping that can withstand extreme weather events such as heatwaves, heavy rainfall, or drought. 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 Beechwoods Park design promotes physical health by offering opportuniƟes for physical acƟvity and exercise, regardless of age or ability by providing an inclusive play area/playground and well-designed walking paths/ jogging trails that provide spaces where individuals can engage in various physical acƟviƟes, improving cardiovascular health, strength, and overall fitness levels. These ameniƟes will be wheelchair-friendly paths and inclusive play areas, ensure that individuals of all abiliƟes can parƟcipate in physical recreaƟon. The designated green spaces will have a posiƟve impact on mental well-being, reducing feelings of anxiety, depression, stress, and contribuƟng to improved mental health for individuals of all backgrounds. The incorporated spaces will assist with organized acƟviƟes, group exercises, or casual gatherings, parks facilitate social engagement and create opportuniƟes for community members to connect with one another, promoƟng a sense of belonging and social and community cohesion. Wheelchair accessibility, ADA-compliant faciliƟes, mulƟ-generaƟonal play areas, and spaces that cater to diverse cultural and recreaƟonal preferences will also be incorporated into the park design. 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 managed maintenance long-term will mirror our current management standards which includes: - Power washing equipment seasonally and as needed - Bi-weekly inspecƟons and/or repairs of playground equipment - Mulching on the grounds as prescribed - Weed preventaƟve as necessary - Shade structure included in inspecƟons and would be removed seasonally if prescribed 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 park project aims to ensure accessibility for individuals with disabiliƟes by uƟlizing: A. Accessible Pathways: The park will have well-maintained pathways that are wide enough to accommodate wheelchairs and mobility devices. The surfaces will be smooth and level, with minimal slopes, to ensure easy navigaƟon for individuals with mobility challenges. B. Inclusive Play Areas: The park will feature inclusive play areas designed to accommodate children of all abiliƟes including wheelchair-accessible play structures, sensory play elements, and ground-level acƟviƟes to provide a range of play opƟons for children with diverse needs. C. Accessible FaciliƟes: Restrooms and picnic areas within the park will be designed to meet ADA requirements including wide doorways, accessible parking spaces, properly posiƟoned grab bars, and sinks/countertops at accessible heights. AddiƟonally, the park project will incorporate Universal Design principles that aim to create environments accessible and usable by people of all ages, sizes, and abiliƟes including: A. Flexibility and Adaptability: The park's design will allow for flexibility and adaptability to accommodate diverse user needs. This may include adjustable seaƟng opƟons, modular play elements, and adaptable spaces that can be modified to meet changing requirements. B. Sensory ConsideraƟons: The park will incorporate sensory elements to cater to individuals with sensory sensiƟviƟes or impairments that include quiet areas and materials with varied textures and colors. C. Social Inclusion: Spaces within the park will be designed to foster social interacƟon and inclusion. This can involve creaƟng gathering areas and seaƟng arrangements that promote engagement and connecƟon among park visitors. IV. AƩachments 1. Project locaƟon map 2. Site plan 3. Concept images Submission Completed forms should be e-mailed to Donna Folland at follandd@oakgov.com Contact InformaƟon: Donna Folland Chief – Planning and Resource Development (248) 736-9087 follandd@oakgov.com AƩachment 1 – Project LocaƟon Map AƩachment 2 – Site Plan AƩachment 3 – Concept Images 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: FD51FZFMEDP8 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