HomeMy WebLinkAboutResolutions - 2009.09.02 - 9951MISCELLANEOUS RESOLUTION #09196 September 2, 2009
BY: PLANNING AND BUILDING COMMITTEE, JOHN A. SCOTT, CHAIRPERSON
IN RE; DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS -
COMMUNITY & HOME IMPROVEMENT DIVISION - 2008 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ANNUAL ACTION PLAN - ACCEPTANCE OF SUBSTANTIAL
AMENDMENT FOR 2009 CDBG RECOVERY (CDRG-R)
To the Oakland County Board of Comm issioners
Chairperson. Ladies and Gentlemen:
WIIEREAS federal funding for the Community Development Block Grant - Recovery (CDBG-R)
program is authorized pursuant to Title XII of H.R. I. the American Recovery and Reinvestment Act of
2009 (Public Law 1 11-05) as a one-tune stimulus a:loca:ion to Community Development Block Grant
entitlement jurisdictiotv to promote job creation and economic recovery through shovel-ready
infrastructure project assistance: and
WHEREAS the Oakland County Board of Commissioners authorized submittal of a Substantial
Amendment to the 2008 Annual Action Plan for 2009 CDBG-R funding to the U.S. Department of Housing
and Urban Development (HUD): and
WHEREAS HUD awarded 2009 CDBG-R funding totaling S1,015,800 to Oakland County; and
WHEREAS CDBG-R funds must be targeted and prioritized to projects serving eligible CDBG
census tractsibiock groups within communities that demonstrate need, jobs created/retained, project
readiness and admin!strative capacity to contractually obligate CDBG-R projects within 120 days of
HUD's signature on the grant agreement and ensure responsible spending within the priorities of the
Recovery Act; and
WHEREAS Oakland County awards 90% of CDBG-R funds (%9I4,220) to the three top scoring
community projects selected through a competitive CDBG-R application process and reserves 10% of
CDBG-R ftinds (5101,580) to administer the program through September 30, 2012 as reflected in
Attachment A; and
WHEREAS the CDB(i-R grant agreement has been reviewed by County Executive Departments
through the County grant process (MR. 470 1320): and
WlIEREAS acceptance of the CDBC5-R 'Llfant does not obligate Oakland County to any future
commitment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts 2009 Community Development Block Grant - Recovery funding from the U.S. Department of
Housing and Urban Development in the amount of S1,015.800.
BE IT FURTHER RESOLVED that the 2008 Annual Action Plan and Consolidated Grant be
amended to reflect the 2009 CDBG-R Substantial Amendment of$1,0!5,800 in the CDBG program year
period of May I. 200S through April 30, 7009.
BE IT FURTH.ER RESOLVED that the Oakland County Board of Commissioners approves the
three top scoring CDBG-R community projects selected through a competitive application process totaling
5914.220 and 10% of CDBG-R funding (5101,580) to administer the program through September 30, 2012
as reflected in Attachment A.
BE IT FURTHER RESOLVED that the future level of service, including personnel, will be
contingent upon the level of Federal funding available for this program: and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both
the Board of Commissioners Chairperson and the County Executive to execute the grant agreements and to
approve amendments and extensions up to lifteen (15) percent variance from the award, consistent with the
agreement as origina)ly approved: and
Chairperson. on behalf of the Planning and Building C"rti -rt i 51, I move die adoption of the
foregoino. resolution.
- 4
ANNING AND DING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried on a roll call vote with Burns voting no and Nash absent.
Page 1 of 2
Worthington, Pamela
From: Piir, Gala (piirg@oakgov.corn]
Sent: Friday, August 21, 2009 10:05 AM
To: 'Rieth, Kerry', 'Spradlin, Carla', Lambert, Gordon; 'Keller. Wayne'
Subject: Grant Sign Off: Community & Home Improvement Div!sion - 2008 Community Development Block Grant
(CDBG) Annual Action Plan Substantial Amendment- Recovery Act Amendment Acceptance
Importance: High
GRANT REVIEW SIGN OFF — Community & Home Improvement Division
GRANT NAME: 2008 Community Development Block Grant (CD130) Annual Action Plan Substantial
Amendment: Substantial amendment for the 2008 Community Development Block Grant - Recovery
(CDBG-R) pursuant to Title XII of H.R. 1, The American Recovery and Reinvestment Act of 2009 (Public
Law 111-05); U.S. Department of Housing and Urban Development Docket No, FR-5309-N-01; CFDA
Number 14.253: Community Development Block Grant (CDBO) Entitlement/Recovery Act Funded (CDBG-R)
FUNDING AGENCY: U.S. Department of housing and Urban Development
DEPARTMENT CONTACT PERSON: Karr): L. Rieth (248) 858-5403
STATUS: Grant Amendment Acceptance
DATE: August 21, 2009
Pursuant to Misc. Resolution ii0l320, please be advised the captioned grant materials have completed internal grant
review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison
Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing
grant review comments) may be requested to he placed on the appropriate Board of Commissioners' committee(s) for
grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (8111/2009)
Department of Human Resources:
Approved. Cathy Shallal (8/I 1/2009)
Risk Management and Safety:
Approved. -•• Andrea Plotkowski (8/17/2009)
Corporation Counsel:
There are no outstanding legal issues with the amendment to the grant agreement. — Joellen Shortie), Blaszczak -
(8/20/2009)
COMPLIANCE
The grant amendment agreement references a num ber of specific federal and state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
American Recovery and Reinvestment Act of 2009 (Recovery AO
http://www.recovery.govl?q -content:fact
8/25/2009
Page 2 of 2
HUD Community Development Block Grants (24 CFR, Part 570)
http://vvww.access.gpoov inara/c Irv. a i.)idx 01.'2 ,1c Ir5 70 _04.11tm 1
HUD Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities (24 CFR,
Part 58)
lit-tp;//www.access.gpo.gov/naralefriwa kidx.._04/2401..ti804.11V111
Federal Davis-Bacon Act Illtp://www.doLvkita/programsidbra
Crimes and Criminal Procedure — Fraud and False Statements (18 U.S.C. Section 1001)
littp://uscode.hotise.gov/tiscocle-egi:th ,av, e?g,qdoe.--tiz,c‘, io‘ +t 1 7120—f 79 .I -4-°';)28 1)/029%20%20AN D%20%2 8%281:
Crimes and Criminal Procedure — Fraud by wire, radio, or television (18 LISC Section 1343)
littp://uscode.house.gov/uscode-eg iit'ast‘‘ c11,0 e'4_tet oc--ti seview—t 1 7120 4-69 1 - I -.--%28%29%20%20AND%20%2 8%
28 8%29%20A 0,1%2OUS C%29%3 AC1I L20 AN 11%20%281 St.:%20v..%21' 1 0'/020%2 8 343%29%29%1 AC ITE%20%
2 0°.420 0/20%2 0%20%2 0%20%2 0
Money and Finance — Claims - False Claims (31 USE 3729)
Ilt-tp://uscode.hoose.govitiscode-cgi/Castweitexe?getcloc use view t29t3 2 1 98] -'- I +÷()%20%10A.ND%2
Money and Finance — Administrative Remedies for False Claims and Statements (31 USC 3801)
littp://uscode.house.gov/tiwode-cgiitbsi6.excekloQ ;Ai sc v ie%A.-129t32— 1 987+1 ...-1-()%209,7020AND%2
Buy American Act (41 USC 10a)
http://frwcbgate.aceess.imo , go i/g tdcle.c1.11?(.1 ha am brow se jise&docid4:ite:+4 1 CSC I Oa
Gala V. Pr
Grants Compliance and Programs Coordinator
Oakland County Fiscal Services Div sion
Phone (248) 858-1037
Fax (248) 858-9724
piirg@oakgov,corn
8/25/2009
-
ATTACHMENT Dale 5/2 1&19 CDBG-R Fomula Grant A moonl. $1,01 5.800 00 JoirisdictraniCirantee Name: Oakland County, michtgan
Eligible geneval ixiministration costs associated +Aft CDBG R including
salaries of staff sit ectly engaged in COBC. R program odrniniskolion
24 CFR. 570.235 and
570.206 Oakland County Administration ftrA $7oLsea.00 $3.00
Ctztaidlownship Sidewalk Imp 0YeMenis
City of Oak Pork -Street Improvernents
and Water/ewer Improvements
Milord V1Ikg - Miter Sewer
Improvements
LMA $0 00 4.0 '300.00 I $437.968.00 5447,965.00 24 CFR 510.201 IC)
IMA 5292.550.00 $000 24 CFR 570.201 401 $55.405.00 $347.9SS.00
I. MA $0.00 5173,302.00 24 CFR S10.201 jc1 Ti0.0) 1 5173.7020A1)
Total $0 03 125.405.00 I $1 Ili 205.0C $1,ois.soo.00
CMG- R
Activity Data Sweantsheet
Project consists ol the installation of a toial of 3800 I ot sidewalk. The walk
wit( be k)cated on the north &lee of W. Dralinnt Rood. It begins on the west
stde of Lopeer Road and generally ties within the right-of way of W. Di ohner
and terminates at Pontiac Street. lhe path surface ts comprised of o 4 thtck
asphalt surface for a majority at the length with cipprokirnately BOO P at
boardwalk as it traverses an existing wetlands orea. Localized areas or
grading, tart est abrishment, erosion control, drainage improvements and
site restoration ore included along The route as depiated on the anal
construction plans. This sidewalk section will complernenttlie other sections
along W. Di ahner Rood
Project consists or the r ecanstruction. of Hcyciing Avenue. a iesidenholsil eel;
running tram Nine Mile Rood to 1,500 feet south (71620 ic 22210 Harding'.
400 Feel at concrete Slam sewers and 3.600 feet ut plastic edge drain will
he replaced as port of the project. rho 6.000 square iards of new 7''
cunCiete will be specified as Pk-Modified dense graded concrete mix
design with 259C 0i3I3F5.
prolect is priche It ot 2007 sanitary sewer lepoirilining project. Project
includes rehabiI at on at existing seorell. Consisting of venous dig ups to
perform y 6. and 9' spot lepairs (i.e. removing and ieplacing !ding
sanitary se:Net). pay-tic:A Cured in Place Pipe ICIPP) luring of various lengths,
lee Liners. and full Length CO. lining. 3' spot repairs - 9 each, 6. spos repairs
-7 each. lee liner - 3 each, Partial Liner - 107 feet bull length liner - 632 feel,
0 EIGA 8/10/20042 CS PM
Z
4'.0`
1..% 1 Jr t
.‘4-
644h
U.& Departrient of Housing and Urban Development
Detroit Field Office
Office of Community Planning and Development
PairiCk V. McNamara Federal Building
477 Michigan Avenue, Room 1710
Detroit, Ml 48226-2592
Tel. (313) 226-7900 FAX (313) 226-6689
AUG 0 6 200a
Honorable L. Brooks Patterson
Oakland County Executive
1200 North Telegraph Road
Pontiac, Michigan 48341-0414
Dear Mr. Patterson:
SUBJECT; Community Development Block Grant — Recovery (CD8G-R)
Substantial Amendment Approval
Grant Number B-09-UY-26-0002
The American Recovery and Reinvestment Act of 2009 (Recovery Act), signed into law
on February 17, 2009, appropriated $1 billion in CDBG funds to states and local governments to
carry out, on an expedited basis, eligible activities under the CDBG program. The Recovery Act
is an unprecedented effort to jurnpstart the American economy, save and create millions of jobs,
and address long-neglected challenges so our country can thrive in the 21“ century. The CDBG
program is a key component in state and local efforts to stabilize neighborhoods and create jobs,
The Department is pleased to announce that the Substantial Amendment to your
jurisdiction's Fiscal Year 2008 Action Plan has been approved. Oakland County, Michigan has
been authorized to receive $1,015,800.00 in Community Development Block Grant Recovery
(CDBG-R) Program funding. Please note that all CDBG-R funds must be spent not later than
September 30.2012. Please be advised that HUD establishes a cut-off date for submission of
draw requests several days before the end of a fiscal year because of systems and disbursing
related issues. You will be notified of the expenditure cut-off date for the CDBG-R grant funds
in 2012.
Enclosed are three copies of the Grant Agreement (including the Funding Approval
Form: HUD-7082 and Special Conditions) between the U. S. Department of Housing and Urban
Development (HUD) and The City of Westland, Michigan for the COBG-R Program.
In order to establish a Line of Credit for your CDBG-R grant, it will be necessary to
execute and return two copies of the Grant Agreement, retaining one copy for your files. Failure
to execute and return the grant agreements within 30 days of the transmittal date may be deemed
to constitute rejection of the grant and cause for HUD to determine that the funds are available
for reallocation to other grantees.
If there is a need to delete or add individuals authorized to access the Integrated
Disbursement and, Information System MIS), an IDIS Security Aecess Authork2ation Form
(February 1999) must he prepared, notarized, and returned to the Detroit Office of Community
Planning and Development. Program progress must be recorded in IDIS On a regular basis.
HUD will use this system to obtain beneficiary data and monitor your jurisdiction's program
implementation and performance.
www.hudgov
if there is need to establish or change the depository account to which these grant funds
are to be wired, a. Direct Deposit Sign-Up Form (SF4199A) must be completed by you and your
financial institution and mailed to the Detroit Office.
Grantees are reminded that the Recovery Act was enacted to provide an immediate
stimulus to the economy. The quarterly reporting requirements discussed below are one
manifestation of the need for all grantees to demonstrate how CDBG-R funds are being put to
immediate use, to stimulate the economy as well as to produce long-term improvements.
Another reason that Recovery Act funds have been provided to states and local governments is
the recognition that states and local governments are suffering from serious budgetary constraints
as a result of simultaneous revenue shortfalls and increased demand for services. The current
practice by many grantees - to meet immediate cash needs by paying outstanding obligations for
CDBG activities with local funds, and then to obtain reimbursement from their Line of Credit on
a semi-annual or yearly basis - works against governments' fiscal constraints as well as the
transparency provisions of the Recovery Act. HUD strongly encourages grantees to examine
their current funds drawdown practices for HUD formula grant funding, and to make adjustments
as necessary to ensure that CDBG-R funds are drawn down on a regular basis. HUD expects that
grantees will draw down CDBG-R funds on at least a quarterly basis, assuming the existence of
actual cash needs for CDBG-R activities, and consistent with federal financial management
regulations.
Certain activities are subject to the provisions of 24 CPR Part 58, Environmental Review
Procedures for Entities Assuming HUD Environmental Responsibilities. Funds for such
activities may not be obligated or expended unless the release of funds has been approved in
writing by HUD. A request for the release of funds must be accompanied by an environmental
certification. Appropriate forms are enclosed.
The Recovery Act requires that all State and local governments receiving Recovery Act
funds report on the status of the environmental compliance reviews for all of their Recovery Act
funded activities. HUD grantees are required to go to: http://portal.hud.gov/app_rampsf
and complete the information for all Recovery Act funded activities. Information should be
entered when an activity's environmental compliance review is started and when it is
completed. This reporting requirement will continue throughout the implementation period of
the activity.
You are also reminded that the Recovery Act requires timely and accurate reporting of
the CDBG-R grant in EDI& Section 1512 of the Recovery Act requires that no later than 10 days
after the end of each calendar quarter, each grantee is required to comply with quarterly reporting
requirements regarding: (1) the total amount of recovery funds received; (2) the amount of
recovery funds received that were expended or obligated to project activities; and (3) a detailed
list of all projects or activities for which recovery funds were expended or obligated, including
the name of the project or activity; a description of the project or activity; an evaluation of the
completion status of the project or activity; an estimate of the number ofjobs created and number
of jobs retained by the project or activity; and for infrastructure investments made, the purpose,
total cost and rationale of the agency for funding infraatmcture investment with funds made
available under the Recovery Act and name of person to contact at the jurisdiction, if there are
concerns with the infrastructure investment.
At this time, HUD intends that grantees will enter this data into 1DIS so that HUD can
automatically generate the quarterly reports. However, the Office of Management and Budget
has not finalized the government-wide reporting requirements for Recovery Act funds, and may
not do so until mid-August. HUD will provide guidance on specific reporting requirements at a
later date. The necessary changes to IDIS to accommodate CDBG-R reporting requirements
have not been fully implemented yet. In the meantime, please make sure you are collect* all
necessary data, both from grantee sources and from all sub-recipients and contractors, as it may
be necessary for you to backfill this data into 1DIS at a later date once system changes have been
made.
Section 1605 of the Recovery Act requires grantees to comply with provisions of the Buy
American Act for all CDBG-R assisted public buildings and public works. HUD is in the
process of developing further implementation guidance for grantees regarding compliance with
this provision and the process for requesting a waiver of these provisions.
Section 1604 of the Recovery Act contained language that significantly expanded the
applicability of Davis-Bacon Act labor standards provisions to CDBG-R funded construction
work. Please be advised that Section 3,205 of the Supplemental Appropriations Act signed by
President °barna on June 24, 2009, repealed the applicability of Section 1604 of the Recovery
Act to CDBG-R activities. All CDBG-R funded construction activities are now subject to the
same labor standard provisions that apply to regular (annual formula) CDBG funding, pursuant
to Section 110 of the Housing and Community Development Act of 1974, as amended.
Grantees are reminded that all first-tier sub-recipients and contractors, as well as the
grantee itself, are required to have or obtain a DUNS number, and to register with the Central
Contractor Registration (CCR). Registration information for the Central Contractor Registry can
be found at: httlawww.ccr.govistartregistration.aspx, DUNS number registration information
can be obtained at: 17kr lic diggauLaun,9.nualsn...an Crrantees are
reminded that their DUNS number is in box 2 of the Form 1-[UD-7082 grant agreement. Please
make sure that this number is correct in order for the 1-11JD's Chief Financial Officer staff to
process the grant agreement and provide access to the CDBG -R funds via LDIS. The same
requirements apply to provision of the grantee's tax identification number which is specified in
box 3 of the HUD-7082.
Please return two copies of the executed grant agreement to this office at the following
address:
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
477 Michigan Avenue
Detroit, MI 48226
If you have any questions or require any assistance, please contact your CPD
Representative at (313) 226-7900, ext. 8148. The email address is Shannon.Baltimore@hud.gov .
We look forward to working with you and your staff throughout the coming year.
tte H
etor
inmunity Planning and Development
cc:
Ms. Karry Rieth, Manager
Community & Home Improvement Division
3. Grantee's 9-digit Tax ID Number
386004876
5e. Project/Grant No, 1
B-09-15Y-26-0002
5b. Pm Grant No. 2
Sc Protect/Grant No. 3
4. Dale use of funds may begin
(mmickl/yyyyl 06/05/2009
6a, Amount ADOtoved
S1,015,800
Ob. Amount Agproved
13c. Amount Approted
EffettiveDala
rn (ruicidtyyyy) F Mount
=Ea
PrOleel *Inbar Arrosit
1111 11 Li
Dat Entered PAS (rorneeddyyyY)
Ii
Date Entered LOCCS (trerikiaiyyyy) Batch Number Transaefinn Code Entered By Verified By
Prot Number Amount
Funding Approval/Agreement
Title of the Housing and Community
Development Act (Public Law 930383)
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program
HI-00515R of 20515R
1. Name of Grantee (as shown in item 5 of S*Idard Form 424)
'COUNTY OF OAKLAN'D
Z Grantea complete Address (as show ii item 5 of Standatd Fo—r-71--n24)
1200 NORTH TELEGRAPH ROAD
PON'rlAC, Ivll 48341-1043
DUNS #136200362
Gram Agreement: This Grant Agreemarrt between the Departmem of Housing and Urban Development (HUD) and the above named (ran= is made pursuant 10 the
authority of Title I of the Housing and Community Development Act of 1974, as amended. (42 USC 5301 et se q.), The Grantee's submissions for Title I assistance, thc
Hut) regulations at 24 CFR Fart 570 (us now in effect and as may be amended from time In time), and this Funding APO-oval. indodion sPoolg cOudiflorts,.
constitute pint of the Agreement. Subject to the provisions of this Grant A greement, Hop will make die funding assistance specified horn available to the Grantee upon
execution of the Agreement by the parties. The finding assistance specified in the Funding Approval may be used to pay ousts incurred after the dc specified in item
4 above provided the activities to which such cora are related are carried out in complinace with all applicable requirements. Pre-agreement costs ma y not bc paid with
twitting assistance specified hers 1111106S5 they are authorixed in HUD regulations or approved by waiver and listed in the special conditions to the Funding Awreval.
The Grentee agrees Co assume all of the responsibilities for envirmunedial review, decision makin g, and actions, as specified and squired in regulations issued by the
Secretary pursuant to Section 104(g) of Title I and published 1n24 CPR Part 58. The Grantee further eallOWICdgeZ its responsibility nor adherence to the A greement by
sub-recipient entities to which d makes funding assistance hereunder available.
U.S. Doperiment of Housing and Urban Development (By Name) Grantee Name
Jeanette Harris
Titte Ttfie
I. 41(1,40 rip' • of Col,. , , l Pimalg and Development
endure
64 I
Date (romfddlyWy) Signatse
1 08/06/2009
' Dela imrniddirM) Atli , ., . Aleoe -Afr .of 7.c.,.... i Ass-4Y;7,7e1 , le ending Action ft Special Gondilkna Se. Date HUD Received Submission 10, Med we
,- ;... ray 0 (check arm) (mraiddiyyyy) 06/05/2009 0 a. ON. Funding e a. E .1. ;' t Sec106(V; :1:1 NOM 9b. Date Grantee Notified Awrorat
El 6 ...,: t . cinictstemd. Sec 106ftin E Altached (111MkiOriM) 0 b. Amendment
• c HUD'Adminislatud.Small Cities, Sec 1060)(2)(8.) 9c. Data Cif Start of Prunram Year 1 Amendirent Number
• 0 d. Indian CDBG Programs, Sec 106(a)(1) 1ninalY0 o e. $umies Uteri Renew& Nods, Sec 112(b) 11, Arria----Cint ornmunity Deveiopraent [IL Sea t Puipose crafts, Sec to? 8tielt. Grant FY p0o9) ( FY (
D g. Loao Guarantee. Sec 108 a. Funds Reserved for lige Grantee 1015800
b. Funds Oder being Appinved 1015800
c. Resonation to be Canceled
Ma minus tleil
12a. Amount of Loan Guaranlee Cornrntnent now being Approved 12o. harm and omplele Address Of PliDiiC Agency
Loam Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on to above date with
respect Co the above grant munbet(s) in Grantee designated to receive 12,. Name ef Atakai2ee °mow for oceigaate NJ* A9ency
loan guarantee assistance, and agrees to comply with the terms and
conditions of the Agreement, applicable regulations, and other
requirements of HUD now or hereafter in effect, pertaining to the TAle
assistance provided it
nature
HUD Accounting use Only
Batch TAG Program Y A Reg Area Document No. ProJectNumber CaloaorY
ri
24 CFR 570 form HUD-7082 (4/93)
SPECIAL CONDITIONS TO THE GRANT AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS
AUTHORIZED AlsiD APPROPRIATED
UNDER mr AMERICAN RECOVERY AND RELWESTMENT ACT OF 2009
(PUBLIC LAW 111-5, FEBRUARY 17, 2009)
CDBG-R GRANTEE: Oakland County
CDBG-R GRANT NUMBER: B-09-UY-26-0002
CDBG-R GRANT AMOUNT: S1,015,800
CDBG-R APPROVAL DATE: July 9, 2009
Special Conditions:
The terms of the Grant Agreement include the following special conditions:
1. The Grant Agreement between the U.S. Department of Housing and Urban Development
(11UD) and the above named Grantee, is made pursuant to the authority of Title XII of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the Recovery Act).
The Grantee acknowledges that the CDBG-R grant is one-time funding.
2. The Grant Agreement is governed by and the Grantee shall comply with the requirements of
the Recovery Act the Notice of Program Requirements for Community Development Block
Grant Program Funding Under the American Recovery and Reinvestment Act of 2009, 74
Fed. Reg. 21816 (May 11, 2009) available at htte://www.hulgovirecovery/cdblock.cfrn (as
now in effect and as may be amended from time to time) (the Notice); Title I of the Housing
and Community, Development Act of 1974, as amended (42 USC 5301 et seq.) (as modified
by the Notice); and, the HIJD regulations at 24 CFR. part 570 (as now in effect and as may be
amended from time to time) as modified by the Notice (the Regulations). The Grantee's
submissions, the Notice, the Funding Approval/Agreement (form HUD-7082) and the special
conditions described herein are incorporated by reference and constitute part of the Grant
Agreement. Submissions include the CD8G-R action plan substantial amendment, including
the certifications and assurances and any infontation or documentation required to meet any
grant award conditions. In the event of conflict between a provision of the Grantee's
submissions and any other provision of this Grant Agreement document the latter shal]
control.
3. The Grantee shall comply with governmentwide guidance and standard award terms
established by the Office of Management and Budget (OMB) concerning the implementation
of the Recovery Act, including Requirements for Implementing Sections 1512, 1605, and
1606 of the American Recovery and Reinvestment Act of 200.9 for Financial Assistance
Awards, 74 Fed. Reg. 18449 (April 23, 2009) (to be codified at 2 CFR Part 176) (as now in
effect and as may be amended from time to lime). Notwithstanding the foregoing, the
CDBG-R Special Grant Conditions Page 1 of 2
Grantee shall comply with Section 110 of the CDBG Statute concerning the Davis-Bacon
Act. The Grantee shall comply with reporting requirements established by HUD and OMB
(including all revisions to such reporting requirements), as well as Sections 151T, , 1515, and
1553 of the Recovery Act (including implementing guidance).
4. The Grantee shall at all times maintain an up-to-date copy of Its Grantee Submission,
including all amendments approved by HUD, on its Internet website as required by the
Notice. The Grantee shall maintain information on all drawdowns, deposits, and
expenditures of grant funds and program income under this Grant Agreement and any other
records required by applicable law, in its files, and shall make such information available for
audit or inspection by duly authorized representatives of HUD, HUD's Office of the
Inspector General, the Recovery Act Transparency Board, or the Comptroller General of the
United States.
5. In addition to other lawful remedies, HUD reserves the right to restrict access to grantees'
CDBG-R funds for delinquent, incomplete, or inaccurate reporting. This includes the right to
suspend access to the Integrated Disbursement and Information System (IDIS) should the
Grantee fail to comply with quarterly CDBG-R reporting requirements.
6. The Grantee may take advantage of the pre-award costs provisions at 24 CFR 570.200(h) to
incur pre-award costs associated with the development of the substantial amendment to the
action plan beginning May 5, 2009. The Grantee may also incur costs prior to the grant
award for specific activities as of the date the CDBG-R action plan substantial amendment
was submitted to HUD.
7. The Grantee is advised that providing false, fictitious or misleading information with respect
to CDBG-R funds may result in criminal, civil or administiative prosecution under 18 U.S.C.
§ 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute.
The Grantee shall promptly refer to HUD's Office of the Inspector General any credible
evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other
person has submitted a false claim under the False Claims Act or has committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similnr
misconduct involving CDBG-R funds.
8. In any contract involving the use of CDBG-R funds, the Grantee shall include, and require its
subrecipients and contractors to include, a project sign provision consistent with criteria
established by the Secretary.
9. The Grantee shall have until September 30, 2012, to expend the entire CDBG-R Grant
Amount. CDBG-R funds not expended by September 30, 2012, will be recaptured by HUD,
10. The Grantee shall extend all applicable terms and conditions of this grant award to
subrecipients and contractors, including obtaining a DUNS number (or updating the existing
DUNS record), and registering with the Central Contractor Registration (CCR).
11. The Grant Agreement may be amended in writing by HUD. In considering proposed
amendments to this Grant Agreement, HUD shall review, among other things, whether the
amendment is otherwise consistent with the Recovery Act, the Housing and Community
Development Act, the Notice and the Regulations.
CDBG-R Special Grant Conditions Page 2 of 2
FINANCE C
September 2, 2009
FISCAL NOTE (MISC. /09196)
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS —
COMMUNITY & HOME IMPROVEMENT DIVISION — 2008 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ANNUAL ACTION PLAN - ACCEPTANCE OF SUBSTANTIAL
AMENDMENT FOR 2009 CDBG RECOVERY (CDBG-R)
TO THE OAKLAND COUNTv BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, tne Finance Committee has reviewed the above
referenced resolution and finds -
1 The resolution authorizes acceptance of 2009 Community Development Block
Grant — Recovery (CDBG-R) funding from the U.S. Department of Housing and
Urban Development (HUD) in The amount of $1.015.800.
2 Funding is authorized pursuant to Title XII of H.R. 1. the Arnercan Recovery and
Reinvestment Act of 2009, as a one-time stimulus allocation to Community
Development Block Grant entitlement jurisdictions to promote job creation and
economic recovery through shovel-ready infrastructure project assistance.
3. The resolution also amends the 2008 Annual Action Plan and Consolidated
Grant for the 2009 CDBG-R Substantial Amendment of $1 015.800 in the CDBG
program year period of May 1, 2008 through April 30. 2009.
4 The resolution further approves the three top scoring CDBG-R community
projects selected through a competitive application process totaling $914,220
and 10% of funding of 5101,580 to administer the program through Septemoer
30, 2012.
5 Funding must be spent within two years and no later than September 30, 2012.
6. No County match is required.
7. No budget amendment is recommended.
Commtee Vote:
Motion carried on a roll call vote with Coulter and Woodward voting no
and Zac ...c absent
Resolution #00196 September 2, 2009
Moved by Scott supported by Potter the resolution (with fiscal note attached) be adopted.
Discussion followed.
Commissioner Burns requested to show a Power Point presentation during his comments.
Chairperson Bill Bullard, Jr. denied the request.
As a point of order. Commissioner Greimel addressed the Chairperson regarding the use of Power Point
presentations.
Chairperson Bill Bullard, Jr. stated that Commissioner Burns may make comments and hand out
photocopies, but may not make a Power Point presentation.
Moved by Greimel supported by Coulter to overrule the Chairperson's decision.
Chairperson Bullard stated the vote of 3,5 of the members present and voting shall be required to reverse
a decision of the Chair, He stated that a "yes" vote is in favor of overruling the Chair's decision and would
allow Commissioner Burns to continue with a Power Point presentation, and a "no n vote would uphold the
Chair's decision and Commissioner Burns would not be allowed to make a Power Point presentation.
Vote on appeal:
AYES: Gershenson, Greimel, Hatchete Jackson, McGillivray, Nash, Potter, Schwartz,
Woodward, Zack, Burns. Coleman, Coulter. (13)
NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton. Potts, Runestad, Scott, Taub,
Bullard, Capeilo. (12)
A sufficient majority not having voted in favor, the Chairperson's decision to not allow a Power Point
presentation upheld.
Discussion followed.
Vote on resolution:
AYES: Gershenson, Gingell, Gosselin, Greimel, Hatchet Jackson, Jacobsen, Long, Middleton,
Nash, Potter, Potts. Runestad, Schwartz, Scott, Taub, Zack, Bullard, Cape110, Coleman,
Douglas. (21)
NAYS: McGillivray, Woodward, Burns, Coulter. (4)
A sufficient majority having voted in favor, the resolution was adopted..
I IOW FORM RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND) /j i
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing r I loii
fT
a ire.*
-o
and accurate copy of a resolution adopted by the Oakland County Board of Ciimissioners
September 2, 2009, 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 2nd day of September, 2009.
eat
Ruth Johnson, County Clerk