HomeMy WebLinkAboutResolutions - 2008.07.17 - 9470MISCELLANEOUS RESOLUTION #08130 July 17, 2008
BY: PLANNING AND BUILDING COMMITTEE, SUL ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS -
COMIVIENITY & HOME IMPROVEMENT DIVISION - COMMUNITY DEVELOPMENT
BLOCK GRANT COOPERATION AGREEMENTS WITII THE CITY OF BLOOMFIELD
HILLS AND THE TOWNSHIP OF BLOOMFIELD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. Department of Housing and Urban Development (HUD) has qualified
Oakland County to receive federal Community Development Block Grant (CDBG) entitlement
funds annually as an urban county with a participating community population of 200,000 or more
in accordance with federal regulations; and
WHEREAS HUD requires Oakland County to enter into a Cooperation Agreement with
each unit of local government that is to become part of the urban county as part of the CDBG urban
county qualification process; and
WHEREAS the Cooperation Agreement binds a unit of local government to cooperate in
the use of its powers in carrying out essential C.DBG activities in accordance with the urban
county's program and Consolidated Plan; and
WHEREAS the City of Bloomfield Hills and the Township of Bloomfield have requested
to participate in the Oakland County urban county CDBG Entitlement program for the three year
qualification period beginning with program year 2009 through 2011 and automatically renewing
for participation in successive three-year qualification periods; and
WHEREAS Oakland County distributes CDBG funds annually to participating
communities based on the CDBG program year and allocation formula (1VI.R. #03239)., and
WHEREAS Oakland County executes annual Subrecipient Agreements with each
participating community stipulating the administrative and compliance requirements associated
with receiving federal CDBG funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorize the Cooperation Agreements with the City of Bloomfield Hills and the
Township of Bloomfield to participate in the Oakland County urban county CDBG Entitlement
program for the three year qualification period beginning with program year 2009 through 2011
and automatically renewing for participation in successive three-year qualification periods until
closure of the CDBG program or unless the county or unit of general local government provides
written notice it elects not to participate in a new qualification period.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNENG & BUILDING CanwrrEE VOTE:
Motion carried unanimously on a roll call vote with Gingeli absent.
COOPERATIVE AGREEMENT
Oakland County "Urban County"
Community Development Block Grant Program
THIS AGREEMENT made and entered into this 10 th day of June, 2008 by and between the cCity of
ploomfield Hills), Michigan hereinafter referred to as the "Community", and the County of (Oakland), a
Michigan Constitutional Corporation, State of Michigan, hereinafte - referred to as the "County":
WHEREAS, the Housing and Community Development Act of 1974 as amended provides an
entitlement of funds for Community Development purposes for urban counties; and
WHEREAS, Oakland County has been designated as an Urban County provided that it secures
Cooperation Agreements with various communities in Oakland County; and
WHEREAS, this agreement covers both the Community Development Block Grant Entitlement
Program and, where applicable, the HOME Investment Partnership program; and
NOW THEREFORE, the Community and County do hereby promise and agree:
THAT the Community may not apply for grants from appropriations under Small Cities or State CDBG
programs for fiscai years during the period in which it is participating in the urban county's CDBG program:
and
THAT the Community may not participate in a HOME consortium except through the urban county,
regardless of whether the urban county receives a HOME formula allocation; and,
THAT the County shall have final responsibility for selecting Community Development Block Grant (and
HOME, where applicable) activities and annually filing a Consolidated Plan with HUD;
THAT the County will, on behalf of the Community, execute essential Community Development and
Housing Assistance applications, plans, programs and projects eligible under the Housing and Development
Act of 1974 as amended; and
THAT the Community and the County will cooperate to undertake, or assist in undertaking, community
renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT the Community and the County will take all actions necessary to assure compliance with the
County's certification required by Section —104(b) of Title I of the Housing and Community Development Act of
1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title
1 of the Housing and Community Development Act of 1974, and other applicable laws; that the County is
prohibited from funding activities in or in support of any community that does not affirmatively further fair
housing within its own jurisdiction, or that impedes the County's action to comply with its fair housing
certification; and that funding by the County is contingent upon the Community's compliance with the above;
and
THAT the Community has adopted and is enforcing a policy prohibiting the use of excessive force by
law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and a policy of enforcing appiicable State and focal laws against physically barring entrance
to or exit from a facility or location which is the subject of such non-vioent civil rights demonstration within its
jurisdiction; and
THAT the qualification period of this agreement as defined in the HUD regulations and‘guidelines shall
be Federal Fiscal Years 200912010/and 2011, and such additional period of time for the purpose of carrying
out activities funded by Community Development Block Grants from Federal Fiscals years 2009/2010/and
2011, apprepr;ations and frurri any program income generated from the expenditure of such funds; further that
the period of time of this Agreement shall be automatically renewed in successive three-year qualification
periods, unless the County or the Community provides written notice it elects not to participate in a new
qualification period. A copy of this notice must be sent to the HUD State Office by the date specified in HUD's
urban county qualification notice for the next qualification period; further the County will notify the Community
in writing of its right to make such election by the date specified in HUD's urban county qualification notice;
and
THAT the Community resolves to remain in Oakland County's Urban County programs for an indefinite
period of time or until such time it its in the best interest of this Community to terminate the Cooperation
Agreement and such additional period of time for the purpose of carrying out activities funded by Community
Development Block Grants and from any program income generated from the expenditure of such funds.
Furthermore, that the period of time of this Agreement shall be automatically renewed in successive three-year
qualification periods, unless the County or the Community provides written notice it elects not to participate in
a new qualification period. A copy of this notice must be sent to the HUD State Office by the date specified in
HUD's Urban County Qualification Notice for the next qualification period; further the County will notify the
Community in writing of its right to make such election by the date specified in HUD's Urban County
Qualification Notice; and
THAT failure by either party to adopt an amendment to this Agreement incorporating all changes
necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification
Notice applicable for a subsequent three year urban county qualification period, and to submit the amendment
to HUD as provided in the Urban County Qualification Notice applicable for a subsequent three-year urban
county qualification period, and to submit the amendment to HUD as provided in the Urban County
Qualification Notice, will void the automatic renewal of such qualification period; and
THAT this Agreement remains in effect until the CDBG (and HOME where applicable) funds and
income received with respect to activities carried out during the three year qualification period (and any
successive qualification periods under this automatic renewal provision) are expended and the funded
activities completed, and that the County and Community may not terminate or withdraw from this agreement
while this agreement remains in effect; and
THAT the Community shall inform the County of any income generated by the expenditure of CDBG
funds received by the Community; and
THAT any such program income generated by the Community must be paid to the County, unless at
the County's discretion, the Community may retain the program income as set forth in 24 CPR 570.503; and
THAT any program income the Community is authorized by the County to retain may only be used for
eligible activities approved by the County in accordance with all CDBG requirements as may then apply; and
THAT the County has the responsibility for monitoring and reporting to HUD on the use of any such
program income, thereby requiring appropriate record keeping and reporting by the Community as may be
needed for this purpose; and
THAT in the event of close-out or change in status of the Community, any program income that is on
hand or received subsequent to the close-out or- change in status shall be paid to the County; and
THAT the Community shall provide timely notification to the County of any modification or change in
the use of the real property from that planned at the time of acquisition or improvement including disposition;
and
THAT the Community shall reimburse the County in the amount equal to the current fair Market value
(less any portion of the value attributable to expenditures of non-CDBG funds) of real property acquired or
improved with Community Development Block Grant funds that jE sold or transferred for the use which does
not qualify under the CDSG regulations; and
THAT the Community shall return to the County program income generated from the disposition or
transfer of real property prior to or subsecuent to the close-out, change of status or termination of the
cooperation agreement between the County and the Community: and
THAT the terms and provisions of this Agreement are fully authorized under State and local law, and
that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential
community development and housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT pursuant to 24 CFR —570.501(b), the Community is subject to the same requirements applicable
to subrecipients, including the requirement for a written agreement set forth in 24 CFR 570.503.
IN WITNESS WHEREOF, the Community and the County have by resolutions authorized this
agreement to be executed by their respective officer's thereunto as of the day and year first above written.
COUNTY OF OAKLAND Name: L. Brooks Patterson
Title: COUNTY EXECUTIVE
signature & date:
Name: Bill Bullard, Jr.
Title; CHAIR — OAKLAND COUNTY BOARD OF COMMISSIOENRS
signature & date:
Name: Ruth Johnson
Title: COUNTY CLERK/REGISTER OF DEEDS
signature & date:
CITY OF BLOOMFIELD HELLS
Name: Michael T. Zambricki
Title: MAYOR
signature & date:
Name: Amy L. Burton
Title; CITY CLERK
signature & date:
CERTIFICATION BY COUNTY CORPORATION COUNSEL
The undersigned, Corporation Counsel for the County of Oakland, certifies that the terms and provisions of the
foregoing agreement are fully authorized under existing State and local law and that the agreement provides
full legal authority for the County to undertake or assist in undertaking essential community development and
housing assistance activities, specifically urban renewal and public assisted housing in cooperation with local
units of government.
Dated:
Name:
Title: Corporation Counsel
COOPERATIVE AGREEMENT
Oakland County "Urban County"
Community Development Block Grant Program
THIS AGREEMENT made and entered into this 1O'' day of June, 2008 by and between the (Township of
Bloomfield), Michigan hereinafter referred to as the "Community", and the County of (Oakland), a Michigan
Constitutional Corporation, State of Michigan, hereinafter referred to as the "County':
WHEREAS, the Housing and Community Development Act of 1974 as amended provides an
entitlement of funds for Community Development purposes for urban counties; and
WHEREAS, Oakland County has been designated as an Urban County provided that it secures
Cooperation Agreements with various communities in Oakland County; and
WHEREAS, this agreement covers both the Community Development Block Grant Entitlement
Program and, where applicable, the HOME Investment Partnership program; and
NOW THEREFORE, the Community and County do hereby promise and agree:
THAT the Community may not apply for grants from appropriations under Small Cities or State CDBG
programs for fiscal years during the period in which it is participating in the urban county's CDBG program;
and
THAT the Community may not participate in a HOME consortium except through the urban county,
regardless of whether the urban county receives a HOME formula allocation; and,
THAT the County shall have final responsibility for selecting Community Development Block Grant (and
HOME, where applicable) activities and annually filing a Consolidated Plan with HUD:
THAT the County will, on behalf of the Community, execute essential Community Development and
Housing Assistance applications, plans, programs and projects eligible under the Housing and Development
Act of 1974 as amended; and
THAT the Community and the County will cooperate to undertake, or assist in undertaking, community
renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT the Community and the County wi;1 take all actions necessary to assure compliance with the
County's (+CI lifiLdliU1 I iequired by Section -104(b) of Title I of the Housing and Community Development Act of
1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title
I of the Housing and Community Development Act of 1974, and other applicable laws; that the County is
prohibited from funding activities in or in support of any community that does not affirmatively further fair
housing within its own jurisdiction, or that impedes the County's action to comply with its fair housing
certification; and that funding by the County is contingent upon the Community's compliance with the above;
and
THAT the Community has adopted and is enforcing a policy prohibiting the use of excessive force by
law enforcement agencies within its juhscliction against any individuals engaged in non-violent civil rights
demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is tie subject of such non-violent civil rights demonstration within its
jurisdiction; and
•
THAT the qualification period of this agreement as defined in the HUD regulations and guidelines shall
be Federal Fiscal Years 2009/2010/and 2011, and such additional period of time for the purpose of carrying
out activities funded by Community Development Block Grants from Federal Fiscals years 2009/2010/and
2011, appropriations and from any program income generated from the expenditure of such funds; further that
the period of time of this Agreement shall be automatically renewed in successive three-year qualification
periods, unless the County or the Community provides written notice it elects not to participate in a dew
qualification period. A copy of this notice must be sent to the HUD State Office by the date -specified in HUD's
urban county qualification notice for the next qualification period: further the County will notify the Community
in writing of its right to make such election by the date specified in HUD's urban county qualification notice;
and
THAT the Community resolves to remain in Oakland County's Urban County programs for an indefinite
period of time or until such tim.e it its in the best interest of this Community to terminate the Cooperation
Agreement and such additional period of time for the purpose of carrying out activities funded by Community
Development Block Grants and from any program income generated from the expenditure of such funds.
Furthermore, that the period of time of this Agreement shall be automatically renewed in successive three-year
qualification periods, unless the County or the Community provides written notice it elects not to participate in
a new qualification period. A copy of this notice must be sent to the HUD State Office by the date specified in
HUD's Urban County Qualification Notice for the next qualification period; further the County will notify the
Community in writing of its right to make such election by the date specified in HUD's Urban County
Qualification Notice; and
THAT failure by either party to adopt an amendment to this Agreement incorporating all changes
necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification
Notice applicable for a subsequent three year urban county qualification period, and to submit the amendment
to HUD as provided in the Urban County Qualification Notice applicable for a subsequent three-year urban
county qualification period, and to submit the amendment to HUD as provided in the Urban County
Qualification Notice, will void the automatic renewal of such qualification period; and
THAT this Agreement remains in effect until the CDBG (and HOME where applicable) funds and
income received with respect to activities carried out during the three year qualification period (and any
successive qualification periods under this automatic renewal provision) are expended and the funded
activities completed, and that the County and Community may not terminate or withdraw from this agreement
while this agreement remains in effect; and
THAT the Community shall inform the County of any income generated by the expenditure of CDBG
funds received by the Community; and
THAT any such program income generated by the Community must be paid to the County, unless at
the County's discretion, the Community may retain the program income as set forth in 24 CPR 570.503: and
THAT any program income the Community is authorized by the County to retain may only be used for
eligible activities approved by the County in accordance with all CDBG requirements as may then apply; and
THAT the County has the responsibility for monitoring and reporting to HUD on the use of any such
program income, thereby requiring appropriate record keeping anc reporting by the Community as may be
needed for this purpose; and
THAT in the event of close-out or change in status of the Community, any program income that is on
hand or received subsequent to the close-out or change in status shall be paid to the County; and
THAT the Community shall provide timely notification to the County of any modification or change in
the use of the real property from that planned at the time of acquisition or improvement including disposition;
and
THAT the Community shall reimburse the County in the amount equal to the current fair market value
(less any portion of the value attributable to expenditures of non-CDBG funds) of real property acquired or
improved with Community Development Block Grant funds that is sold or transferred for the use which does
not qualify under the CDBG regulations; and
THAT the Community shall return to the County program income generated from the disposition or
transfer of real property prior to or subsequent to the close-out, change of status or termination of the
cooperation agreement between the County and the Community; and
THAT the terms and provisions of this Agreement are fully authorized under State and local law, and
tnat the Agreement provides full legal authority for the County to undertake or assist in undertaking essential
cornmurrty development and housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT pursuant to 24 CFR —570.501(b). the Community is sub)ect to the same requirements applicable
to subrecipients, including the requirement for a written agreement set forth in 24 CFR 570.503.
IN WITNESS WHEREOF, the Community and the County have by resolutions authorized this
agreement to be executed by their respective officer's thereunto as of the day and year first above written.
COUNTY OF OAKLAND Name. L. Brooks Patterson
Title: COUNTY EXECUTIVE
signature & date:
Name: Bill Bullard, Jr.
Title: CHAIR — OAKLAND COUNTY BOARD OF COMMISSIOENRS
signature & date:
Name: Ruth Johnson
Title: COUNTY CLERK/REGISTER OF DEEDS
signature & date:
TOWNSHIP OF BLOOIVIFIELD
Name: David Payne
Title: SUPERVISOR
signature & date:
Name: Janet Roncelli
Title: TOWNSHIP CLERK
signature & date:
CERTIFICATION BY COUNTY CORPORATION COUNSEL
The undersigned. Corporation Counsel for the County of Oakland, certifies that the terms and provisions of the
foregoing agreement are fully authorized under existing State and local law and that the agreement provides
full legal authority for the County to undertake or assist in undertaking essential community development and
housing assistance activities, specifically urban renewal and publt assisted housing in cooperation with local
units of government.
Dated:
Name:
Title: Corporation Counsel
COOPERATIVE AGREEMENT
Oakland County "Urban County"
Community Development Block Grant Program
THIS AGREEMENT made and entered into this 10 th day of June, 2008 by and between the (City of
Bloomfield.-Hils), Michigan hereinafter referred to as the "Community", and the County of (Oakland), a
_.Michigan Constitutional Corporation, State of Michigan, hereinafter referred to as the "County:
WHEREAS, the Housing and Community Development Act of 1974 as amended provides an
entitlement,of funds for Community Development purposes for urban counties; and
WHEREAS, Oakland County has been designated as an Urban County provided that it secures
Cooperation Agreements with various communities in Oakland County; and
WHEREAS, this agreement covers both the Community Development Block Grant Entitlement
Program and, where applicable, the HOME Investment Partnership program; and
NOW THEREFORE, the Community and County do hereby promise and agree:
THAT the Community may not apply for grants from appropriations under Small Cities or State CDBG
programs for fiscal years during the period in which it is participating in the urban county's CDBG program;
and
THAT the Community may not participate in a HOME consortium except through the urban county,
regardless of whether the urban county receives a HOME formula allocation; and,
THAT the County shall have final responsibility for selecting Community Development Block Grant (and
HOME, where applicable) activities and annually filing a Consolidated Plan with HUD;
THAT the County will, on behalf of the Community, execute essential Community Development and
Housing Assistance applications, plans, programs and projects eligible under the Housing and Development
Act of 1974 as amended; and
THAT the Community and the County will cooperate to undertake, or assist in undertaking, community
renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT the Community and the County will take all actions necessary to assure compliance with the
County's certification required by Section —104(b) of Title I of the Housing and Community Development Act of
1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title
1 of the Housing and Community Development Act of 1974, and other applicable laws; that the County is
prohibited from funding activities in or in support of any community that does not affirmatively further fair
housing within its own jurisdiction, or that impedes the County's action to comply with its fair housing
certification; and that funding by the County is contingent upon the Community's compliance with the above:
and
THAT the Community has adopted and is enforcing a policy prohibiting the use of excessive force by
law enforcement agencies within its jurisdiction against any individuals engaged in .non-violent civil rights
demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its
jurisdiction; and
i
e• THAT the qualification period of this agreement as defined in the HUD regulations and guidelines shall
- be Federal Fiscal Years 2009/2010/and 2011, and such additional period of time for the purpose of carrying
out activities funded by Community Development Block Grants from Federal Fiscals years 2009/2010/and
2011, appropriations and from any program incomu yuriur terl-From the expenditure of such funds; further that
the period of time of this Agreement shall be automatically renewed in successive three-year qualification
periods, unless the County or the Community provides written notice it elects not to participate in a new
qualification period. A copy of this notice must be sent to the HUD State Office by the date specified in HUD's
urban county qualification notice for the next qualification period; further the County will notify the Community
in writing of its right to make such election by the date specified in HUD's urban county qualification notice;
and
THAT the Community resolves to remain in Oakland County's Urban County programs for an indefinite
period of time or until such time it its in the best interest of this Community to terminate the Cooperation
Agreement and such additional period of time for the purpose of carrying out activities funded by Community
Development Block Grants and from any program income generated from the expenditure of such funds.
Furthermore, that the period of time of this Agreement shall be automatically renewed in successive three-year
qualification periods, unless the County or the Community provides written notice it elects not to participate in
a new qualification period. A copy of this notice must be sent to the HUD State Office by the date specified in
HUD's Urban County Qualification Notice for the next qualification period; further the County will notify the
Community in writing of its right to make such election by the date specified in HUD's Urban County
Qualification Notice; and
THAT failure by either party to adopt an amendment to this Agreement incorporating all changes
necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification
Notice applicable for a subsequent three year urban county qualification period, and to submit the amendment
to HUD as provided in the Urban County Qualification Notice applicable for a subsequent three-year urban
county qualification period, and to submit the amendment to HUD as provided in the Urban County
Qualification Notice, will void the automatic renewal of such qualification period; and
THAT this Agreement remains in effect until the CDBG (and HOME where applicable) funds and
income received with respect to activities carried out during the three year qualification period (and any
successive qualification periods under this automatic renewal provision) are expended and the funded
activities completed, and that the County and Community may not terminate or withdraw from this agreement
while this agreement remains in effect; and
THAT the Community shall inform the County of any income generated by the expenditure of CDBG
funds received by the Community; and
THAT any such program income generated by the Community must be paid to the County, unless at
the County's discretion, the Community may retain the program income as set forth in 24 CPR 570.503; and
THAT any program income the Community is authorized by the County to retain may only be used for
eligible activities approved by the County in accordance with all CDBG requirements as may then apply; and
THAT the County has the responsibility for monitoring and reporting to HUD on the use of any such
program income, thereby requiring appropriate record keeping and reporting by the Community as may be
needed for this purpose; and
THAT in the event of close-out or change in status of the Community, any program income that is on
hand or received subsequent to the close-out or change in status shall be paid to the County; and
THAT the Community shall provide timely notification to the County of any modification or change in
the use of the real property from that planned at the time of acquisition or improvement including disposition;
and
Name: Ruth Johnson
Title: COUNTY CL
signature & date:
EGIMV9F DEEDS 7 /17/0v
Wit .e
Name: Michael T. Zambricki
Title: MAYOR
signature & date:
Name: Amy L. Burton
Title: CITY CLERK
signature & date:
THAT the Community shall reimburse the County in the amount equal to the current fair market value
(less any portion of the value attributable to expenditures of non-CDBG funds) of real property acquired or
improved with Community Development Block Grant funds that is sold or transferred for the use which does
not qualify under the CDBG regulations: and
THAT the Community shall return to the County program income generated from the disposition or
transfer of real property prior to or subsequent to the close-out, change of status or termination of the
cooperation agreement between the County and the Community; and
THAT the terms and provisions of this Agreement are fully authorized under State and local law, and
that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential
community development and housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT pursuant to 24 CFR -570.501(b), the Community is subject to the same requirements applicable
to subrecipients, including the requirement for a written agreement set forth in 24 CFR 570.503.
IN WITNESS WHEREOF, the Community and the County have by resolutions authorized this
agreement to be executed by their respective officer's thereunto as of the day and year first above written.
COUNTY OF OAKLAND Name: L. Brooks Patterson
Title: COUNTY EXECUT
signature & date:
Name: Bill Bullard, Jr.
Title: CHAIR, OAKLAND.afelJNeY RD OF COMMISSIOENRS
signature & date: OW
CITY OF BLOOMFIELD HILLS
CERTIFICATION BY COUNTY CORPORATION COUNSEL
The undersigned, Corporation Counsel for the County of Oakland, certifies that the terms and provisions of the
foregoing agreement are fully authorized under existing State and local law and that the agreement provides
full legal authority for the County to undertake or assist in undertaking essential community development and
housing assistance activities, specifically urban renewal and public assisted housing in cooperation with local
units of government.
Name: Judith K. Cunningham
Title: CO - PS TIrPN Ce Arb ' signature & da
SEL
i
COOPERATIVE AGREEMENT
Oakland County "Urban County"
Community Development Block Grant Program
THIS AGREEMENT made and entered into this 10 th day of June, 2008 by and between the (Township of
Bloomfield), Michigan hereinafter referred to as the "Community", and the County of (Oakland), a Michigan
Constitutional Corporation, State of Michigan, hereinafter referred to as the "County":
WHEREAS, the Housing and Community Development Act of 1974 as amended provides an
entitlement of funds for Community Development purposes for urban counties; and
WHEREAS, Oakland County has been designated as an Urban County provided that it secures
Cooperation Agreements with various communities in Oakland County; and
WHEREAS, this agreement covers both the Community Development Block Grant Entitlement
Program and, where applicable, the HOME Investment Partnership program; and
NOW THEREFORE, the Community and County do hereby promise and agree:
THAT the Community may not apply for grants from appropriations under Small Cities or State CDBG
programs for fiscal years during the period in which it is participating in the urban county's CDBG program;
and
THAT the Community may not participate in a HOME consortium except through the urban county,
regardless of whether the urban county receives a HOME formula allocation; and.
THAT the County shall have final responsibility for selecting Community Development Block Grant (and
HOME, where applicable) activities and annually filing a Consolidated Plan with HUD;
THAT the County will, on behalf of the Community, execute essential Community Development and
Housing Assistance applications, plans, programs and projects eligible under the Housing and Development
Act of 1974 as amended; and
THAT the Community and the County will cooperate to undertake, or assist in undertaking, community
renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT the Community and the County will take all actions necessary to assure compliance with the
County's certification required by Section --104(b) of Title I of the Housing and Community Development Act of
1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title
I of the Housing and Community Development Act of 1974, and other applicable laws; that the County is
prohibited from funding activities in or in support of any community that does not affirmatively further fair
housing within its own jurisdiction, or that impedes the County's action to comply with its fair housing
certification; and that funding by the County is contingent upon the Community's compliance with the above;
and
THAT the Community has adopted and is enforcing a policy prohibiting the use of excessive force by
law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its
jurisdiction; and
. THAT the qualification period of this agreement as defined in the HUD regulations and guidelines shall
.7be Federal Fiscal Years 2009/2010/and 2011, and such additional period of time for the purpose of carrying
out activities funded by Community Development Block Grants from Federal Fiscals years 2009/2010/and
2011, appropriations and from any program income generated from the expenditure of such funds; further that
the period of time of this Agreement shall be automatically renewed in successive three-year qualification
periods, unless the County or the Community provides written notice it elects not to participate in a new
qualification period. A copy of this notice must be sent to the HUD State Office by the date specified in HUD's
urban county qualification notice for the next qualification period; further the County will notify the Community
in writing of its right to make such election by the date specified in HUD's urban county qualification notice;
and
THAT the Community resolves to remain in Oakland County's Urban County programs for an indefinite
period of time or until such time it its in the best interest of this Community to terminate the Cooperation
Agreement and such additional period of time for the purpose of carrying out activities funded by Community
Development Block Grants and from any program income generated from the expenditure of such funds.
Furthermore, that the period of time of this Agreement shall be automatically renewed in successive three-year•
qualification periods, unless the County or the Community provides written notice it elects not to participate in
a new qualification period. A copy of this notice must be sent to the HUD State Office by the date specified in
HUD's Urban County Qualification Notice for the next qualification period; further the County will notify the
Community in writing of its right to make such election by the date specified in HUD's Urban County
Qualification Notice; and
THAT failure by either party to adopt an amendment to this Agreement incorporating all changes
necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification
Notice applicable for a subsequent three year urban county qualification period, and to submit the amendment
to HUD as provided in the Urban County Qualification Notice applicable for a subsequent three-year urban
county qualification period, and to submit the amendment to HUD as provided in the Urban County
Qualification Notice, will void the automatic renewal of such qualification period; and
THAT this Agreement remains in effect until the CDBG (and HOME where applicable) funds and
income received with respect to activities carried out during the three year qualification period (and any
successive qualification periods under this automatic renewal provision) are expended and the funded
activities completed, and that the County and Community may not terminate or withdraw from this agreement
while this agreement remains in effect; and
THAT the Community shall inform the County of any income generated by the expenditure of CDBG
funds received by the Community; and
THAT any such program income generated by the Community must be paid to the County, unless at
the County's discretion, the Community may retain the program income as set forth in 24 CPR 570.503; and
THAT any program income the Community is authorized by the County to retain may only be used for
eligible activities approved by the County in accordance with all CDBG requirements as may then apply; and
THAT the County has the responsibility for monitoring and reporting to HUD on the use of any such
program income, thereby requiring appropriate record keeping and reporting by the Community as may be
needed for this purpose; and
THAT in the event of close-out or change in status of the Community, any program income that is on
hand or received subsequent to the close-out or change in status shall be paid to the County; and
THAT the Community shall provide timely notification to the County of any modification or change in
the use of the real property from that planned at the time of acquisition or improvement including disposition;
and
TOWNSHIP OF BLOOMFIELD
ilaL2
Name: Ruth Johnson
Title: COUNTY CL
signature & date: _
Name: Judith K. Cunningham'
Title: COR6C7NWO-IfIN
signature & da upr
• •
,• THAT the Community Shall reimburse the County in the amount equal to the current fair market value
Iless any portion of the value attributable to expenditures of non-CDBG funds) of real property acquired or
improved with Community Development Block Grant funds that is sold or transferred for the use which does
not qualify under the CDBG regulations; and
THAT the Community shall return to the County program income generated from the disposition or
transfer of real property prior to or subsequent to the close-out, change of status or termination of the
cooperation agreement between the County and the Community; and
THAT the terms and provisions of this Agreement are fully authorized under State and local law, and
that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential
community development and housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT pursuant to 24 CFR —570.501(b), the Community is subject to the same requirements applicable
to subrecipients, including the requirement for a written agreement set forth in 24 CFR 570.503.
IN WITNESS WHEREOF, the Community and the County have by resolutions authorized this
agreement to be executed by their respective officer's thereunto as of the day and year first above written.
COUNTY OF OAKLAND Name: L. Brooks Patterson
Title: COUNTY EXECUTI
signature & date:
Name: Bill Bullard, Jr.
Title: CHAIR, OAKLANIE? cQUNTY D OFACFMISSIOENRS
signature & date: Kkkk, R L 'A log
scyne . Name: David Pa
signature & date: 4---Ctr.,a--
Name: Janet Roncelli
Title: TOWNSHIP CLERNL
signature & date:
CERTIFICATION BY COUNTY CORPORATION COUNSEL
The undersigned, Corporation Counsel for the County of Oakland, certifies that the terms and provisions of the
foregoing agreement are fully authorized under existing State and local law and that the agreement provides
full legal authority for the County to undertake or assist in undertaking essential community development and
housing assistance activities, specifically urban renewal and public assisted housing in cooperation with local
units of government.
IJILEf kh/I
my L. rton, ity Clerk
CITY OF BLOOMFIELD HILLS 248 644 4813 P.002 JUL-25-2008 17:06
eitp ot igisomfidb
Oakland County, Michigan
Resolution of 2008
A Resolution Indicating the City's Interest in Participating in the Community Development
Block Grant (CDBG) Program Administered Through the Oakland County Communityand
Home Improvement Division
The Commission for the City of Bloomfield Hills Hereby Resolves:
Whereas, the Oakland County Community and Home Division administers the County's
Community Development Block Grant Program;
Whereas, the City of Bloomfield Hills now desires to participate in this program for the
benefits of our qualified residents; and
Now, Therefore Be It Resolved, the City Commission resolves to participate in Oakland
County's Urban County Community Development Block Grant (CDBG)
programs for the years 2009, 2010 and 2011.
Be It Further Resolved, the City of Bloomfield Hills resolves to remain in Oakland
County's Urban County Community Development programs, which shall be
automatically renewed in successive three-year qualification periods of time, or
until such time that it is in the best interest of Bloomfield Hills to terminate the
Cooperative Agreement.
The foregoing Resolution was made by Commission Member Hardy
seconded by Commission Member Kellet t with a roll call vote as follows:
Yeas: 5 (Zatnbr icki , Kellett, McCready, Hardy, Utley)
Nays: 0
Absent: 0
None 0
Resolution Declared Adopted:
CERTIFICATION
I certify the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of Bloomfield Hills, Oakland County, Michigan, at a regular meeting held
on the I° th day of June 2008.
y L. Bilton, City Clerk
TOTAL P.002
Board of Trustees Meeting
Charter Township of Bloomfield
July 14, 2008
PRESENT. Barnett. Buckley, Devine, Jamian, Roncehi, Savoie
Also present, Attorney William Hampton
ABSENT: Payne
ITEM #12 Public Comment
Clerk Roncelli advised that the Board had approved a resolution on June 23, 2008, which
permitted the Township to participate in the Community Development Block Grant (CDBG)
program through Oakland County. However, the resolution did not authorize the signing of the
necessary documents.
MOTION by Savoie and SUPPORT by Jamian to APPROVE the Resolution to Authorize the
Signing of the Community Development Block Grant (CDBG) Program Documents
Resolution to Authorize Signing of Community
Development Block Grant (CDBG) Program Documents
WHEREAS, Bloomfield Township will be applying for Community Development Block
Grant funding; and
WHEREAS, The Bloomfield Township Board of Trustees approved participation in the
Community Development Block Grant Program with Oakland County on June 23, 2008.
NOW THEREFORE BE IT RESOLVED that the Bloomfield Township Board of Trustees
authorizes the Supervisor and the Clerk to execute all documents necessary to participate in
the Community Development Block Grant Program, Cooperative Agreement with Oakland
County, as approved on June 23, 2006.
BE IT FURTHER RESOLVED that the Bloomfield Township Board of Trustees authorizes
Dan Devine, Treasurer, to sign on behalf of David Payne, Supervisor, in his absence and with his
prior approval.
AYES: Barnett, Buckley. Devine, Jamian, Roncelli, Savoie
NAYS: None
RESOLUTION DECLARED ADOPTED.
I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield,
County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a
resolution adopted by the Board at their regular meeting held on July 14, 2008.
A .k1M.A-,1-
161(NET M. RONCELLI, CMC
TOWNSHIP CLERK
ECP.I.ST
W
WA R.D1..E
July 14, 2008
30903 Nurihwestcrn Highway
P.O, Pox 3040
Foraington Hilfi, M148333,
3040
248-851-9500
fax: 74R451-2158
Ivirmsccrotwnrdtc.catri
Cliz1cIi At Kahn
Difcct .148-539-2B46
hkIldlaElsecetthrtirdle.carn
David Payne, Supervisor
BLOOlv1FIELD TOWNSHIP
P.O. Box 489
Bloomfield Hills, Michigan 48303-0489
Rev Community Development Block Grant Program
Cooperative Agreement with Oakland County
Our File No. 5284 BLT
Dear Mr. Payne:
We have received and reviewed the proposed "Cooperative Agreement" between
Oaldand County and the Township with respect to a Community Development
Block Grant Program for Urban Counties which will be funded by HUD pursuant
to the Federal Housing and Community Development Act of 1974. The
Agreement provides for -the Township to work with the County with respect to
administration of programs for community renewal and lower income housing
assistance activities, specifically "urban renewal'and publicly assisted housing."
The term of the Agreement is a three-year term deemed a "qualification period,"
consisting of Federal Fiscal Years 2009-2011. The Agreement will be
automatically renewed for subsequent three-year periods unless the County or
Township provides notice of intent not to participate in the program. The
Agreement may need to be amended from time-to-time to conform to federal
regulations for administering Block Grant Progrhms.
The Block Grant Program that is the subject of the Cooperation Agreement
appears to pertain to improvement of real Property. The Township will be
required to report expenditures of grant money and income generated by the
Block Grant funds to the County. The Count); will report to HUD. in the event
that the Township sells or transfers property purchased or improved by the Block
Grant for a non-qualified use, then the Township must reimburse the County for
the fair market value.
We note no required revisions with respect to the form and content of the •
Cooperative Agreement. Oakland County has indicated in its correspondence that
the Township has already passed a Resolution to join the Oakland County Urban
County Program. Execution of the Cooperative Agreement is necessary to
participate in the program.
COur*iii.01.1S
David Payne, Supervisor
July 14, 2008
Page 2
We see no legal impediment to the execution of the document without further
Township Board Action provided that the Resolution passed by the Township
Board authorized the Supervisor and Clerk to execute all documents necessary to
participate in the program.
It is our understanding the Township will be meeting with the County Monday,
July 14, 2008 for execution of the Agreement a.nd that it must be submitted to
HUD by July 17, 2008.
Please feel free to contact me with any questions or concerns in regard to this
matter.
Very truly yours,
L,Ifjf.L. Lill,
ELIZABETH M. KUDLA
EMK
cc: Janet Roncelli, Clerk
Deana Mondock, Clerk's Office
Christine Tvaroha, Senior Services Director
William P. Hampton, Egittire
C:Nrturibl imenueLDKUDLAk I 098456 .DOC
Ruth Johnson
Oakland County Clerk/Register of Deeds
www.oakgov.comiclerkrod
Elections Division
July 28, 2008
Michigan Department of State
Office of the Great Seal
108 South Washington Square
Lansing, MI 48909
Dear Office of the Great Seal:
On July 17, 2008, the Board of Commissioners for Oakland County entered into an agreement per
.Miscellaneous Resolution #08130 — DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY
AFFAIRS — COMMUNITY AND HOME IMPROVEMENT DIVISION — COMMUNITY DEVELOPMENT BLOCK
GRANT COOPERATION AGREEMENTS WITH THE CITY OF BLOOMFIELD HILLS AND THE TOWNSHIP OF
BLOOM FIELD.
As required by MCL 124.510(4), a copy of the signed agreements and the authorizing Board of
Commissioners Resolution are enclosed for filing by your office.
Please send confirmation of receipt of this intergovernmental agreement to:
Mr. Joseph RazeII, Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center, Building #12 East
1200 N. Telegraph Rd.
Pontiac, MI 48341
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely.
COUNTY OF OAKLAND
Joseph J. Rozell
Director of Elections
Cc: Corporation Counsel, Oakland County
Dept. of Economic Development & Community Affairs, Oakland County
Enclosures
Adinitti$trative Offices Elections I.X.iision
1200 N Telegraph Dept 415 1200 N Telegraph, Dept 417
Pontiac MI 48341-0415 Pontiac MI 483z- I -0417
(248) 858-0560 (248) 8-5-0564
clerk(toalcgov,com elections4odkgov.com
Legal & Vital Records
1200 N Telegraph, Dept 412,
Pontiac MI 1834i-0411
(248} 87-,8-05,81
clerkleplOnatcov,coirt
Register of Deeds Office
1200 N Telegaph, Dept 480
Pontiac MI 48341-0480
(248) 858-0605
deetlsooalcgov.com
Resolution #08130 July 17, 2008
Moved by Rogers supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying repo' Is buii Kg -accepted).
AYES: Burns, Coulter. Crawford. Douglas, Gershenson, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, KowaII, Long, Nash, Potter, Potts, Rogers. Scott, Spector, Woodward, Zack,
Bullard. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE MOMS RESOLUTION
STATE OF MICHIGAN) .
COUNTY OF OAKLAND)
1, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July
17. 2008, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 17th day of July. 2008.
Gat
Ruth Johnson, County Clerk