HomeMy WebLinkAboutResolutions - 2013.05.09 - 20797MISCELLANEOUS RESOLUTION # 13093 May 9, 2013
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS — 2013 REGION 10
ADMINISTRATIVE SUPPORT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the Michigan Economic Development Corporation (MEDC) has awarded the
Department of Economic Development & Community Affairs grant funding in the amount of
$10,000 for the period of March 1, 2013 through September 30, 2013; and
WHEREAS $10,000 of grant funding is in support of some of the administrative costs for
regional meetings and the incorporation of Salesforce as a client management tool; and
WHEREAS no new positions are requested; and
WHEREAS this agreement has been reviewed and approved through the County
Executive's Grant Acceptance Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts grant funding from the Michigan Economic Development Corporation in
the amount of $10,000 for the period of March 1, 2013 through September 30, 2013.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is
authorized to execute the grant award and to approve any grant extensions or changes, within
fifteen percent (15%) of the original award.
BE IT FURTHER RESOLVED that the acceptance of this grant does not obligate the
County to any future commitment.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
-PLANKING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Bosnic absent.
Dan Hunter
From:
Sent:
To:
Subject:
Attachments:
West, Catherine <westca@oakgov.corn>
Tuesday, April 16, 2013 9:50 AM
Hunter, Dan; spanos, Irene; tinsleym@oakgov.com
GRANT REVIEW SIGN OFF: Economic Development & Community Affairs - 2013 Region
10 Administrative Services - Grant Acceptance
Grant Accept Sign Off.pdf
GRANT REVIEW SIGN OFF — Economic Development & Community Affairs
GRANT NAME: 2013 Region 10 Administrative Services
FUNDING AGENCY: Michigan Economic Development Corporation
DEPARTMENT CONTACT PERSON: Dan Hunter 248 -858 -0764
STATUS: Grant Acceptance
DATE: April 16, 2013
Pursuant to Misc. Resolution #01320, 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 be placed on the appropriate Board of Commissioners' committee(s) for
grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. —Tim Soave (4/4/2013)
Department of Human Resources:
Approved. — Karen Jones (4/4/2013)
Risk Management and Safety:
Approved by Risk Management with the understanding that the second sentence in paragraph IX is deleted before the
Agreement is signed. —Julie Secontine (4/16/2013)
Corporation Counsel:
There are no outstanding legal issues with the above grant.
I would have preferred the MEDC removing the word "Indemnification" from the title of Section IX and as a reference to
insurance however, their agreement to delete the paragraph requiring indemnification is acceptable. —Joelien Shortley
(4/15/2013)
Execution Copy
CASE-40454
MICHIGAN ECONOMIC DEVELOPMENT CORPORATION
GRANT WITH
OAKLAND COUNTY
The Michigan Economic Development Corporation (the "MEDC") enters into a binding
agreement (the "Agreement") with Oakland County (the "Grantee"). As used in this
Agreement, the MEDC and Grantee are sometimes individually referred to as a "Party"
and collectively as "Parties."
Grantee: Oakland County
2100 Pontiac Lake Road
Department 412
Waterford, Michigan 48328
I. NATURE OF SERVICES. The purpose of this Agreement is to provide funding
to the Grantee to support administrative costs associated with being
Collaborative Development Council Lead for Region 10 (the "Grant Activities").
II. PERFORMANCE SCHEDULE.
Starting Date: March 1,2013
Ending Date: September 30, 2013
INCORPORATION BY REFERENCE. The following documents are
incorporated by reference as binding obligations of the Agreement,
Exhibit A: Grantee's Budget
Exhibit B: Grantee's Duties/Statement of Work
IV. PAYMENT SCHEDULE INFORMATION.
A. The MEDC agrees to pay the Grantee a sum not to exceed $10,000 (the
"Grant").
B. Payment under this Agreement shall be made by the MEDC to Grantee
within 30 days of the execution of this Agreement by both parties.
V. MEDC GRANT ADMINISTRATOR, The Grantee must communicate with the
MEDC representative named below or his or her designee regarding this
Agreement (the "Grant Administrator").
Penny Launstein
Michigan Economic Development Corporation
300 North Washington Square
Lansing, Michigan 48913
Execution Copy
VI. GRANTEE DUTIES.
A. The Grantee agrees to undertake, perform, and complete the activities fully
described in Exhibit B.
B. Within 30 days of the Ending Date, the Grantee shall provide a final report.
This report shall include documentations of meetings including, but not
limited to: dates and locations of partner meetings, list of attendees at the
meetings, and copies of minutes from the meetings.
VII. RELATIONSHIP OF THE PARTIES.
A. Neither Grantee nor any of its employees or agents is or shall become an
employee of the MEDC due to this Agreement.
B. Grantee will provide the services and achieve the results specified in this
Agreement free from the direction or control of the MEDC as to means and
methods of performance.
C. The MEDC is not responsible for any insurance or other fringe benefits,
including, but not limited to, Social Security, Worker's Compensation,
income tax withholdings, retirement or leave benefits, for Grantee or its
employees. Grantee assumes full responsibility for the provision of all such
insurance coverage and fringe benefits for its employees.
Viii TERMINATION. This Agreement shall terminate upon the earlier of the
following:
A. The Ending Date.
B. Termination by the MEDC, by giving Thirty calendar days prior written
notice to the Grantee. In the event that the Legislature of the State of
Michigan (the "State"), the State Government, or any State official,
commission, authority, body, or employee or the federal government (a)
takes any legislative or administrative action which fails to provide,
terminates or reduces the funding necessary for this Agreement, or (b)
takes any legislative or administrative action, which is unrelated to the
source of funding for the Grant, but which affects the MEDC's ability to fund
and administer this Agreement and other MEDC programs, provided,
however, that in the event such action results in an immediate absence or
termination of funding, cancellation may be made effective immediately
upon delivery of notice to the Grantee.
Termination by the MEDC pursuant to Section XII of this Agreement.
Execution Copy
X. INDEMNWICATION AND GRANTEE UABILJTY INSURANCE.
The Grantee will provide and maintain its own general liability, property damage,
and workers compensation insurance.
X. TOTAL AGREEMENT. This Agreement, including the exhibits incorporated
herein, is the entire agreement between the Parties. This Agreement may not be
changed except by the written mutual agreement of the Parties.
XL ASSIGNMENT/TRANSFER/SUBCONTRACTING. Except as contemplated by
this Agreement, the Grantee shall not assign, transfer, convey, subcontract, or
otherwise dispose of any duties or rights under this Agreement without the prior
specific written consent of the MEDC.
XII. DEFAULT. The occurrence of any one or more of the following events or
conditions shall constitute an "Event of Default" under this Agreement, unless a
written waiver of the Event of Default is signed by the MEDC: (a) any
representation, covenant, certification or warranty made by the Grantee shall
prove incorrect at the time that such representation, covenant, certification or
warranty was made in any material respect; (b) the Grantees failure to comply with
any obligations or duties, including reporting requirements, contained herein; or (c)
Grantee's use of the Grant funds for any purpose not contemplated under this
Agreement. Upon the occurrence of any one or more of the Events of Default, the
IVIEDC may terminate this Agreement immediately upon notice to the Grantee. The
termination of this Agreement is not intended to be the sole and exciusive remedy
in case any Event of Default shall occur and each remedy shall be cumulative and
in addition to every other provision or remedy given herein or now or hereafter
existing at law or equity.
XIII. NOTICES. Any notice or other communication under this Agreement shall be in
writing and e-mailed, or faxed, or mailed by first class mail, postage prepaid, or
sent by express, overnight courier to the respective Party at the address listed at
the beginning of this Agreement or such other last known addresses or e-mail
accounts, and shall be deemed delivered one business day after the delivery or
mailing date.
XIV, COUNTERPARTS AND COPIES. This Agreement may be signed in
counterparts and delivered by facsimile or by pdf, and in any such
circumstances, shall be considered one document and an original for all
purposes.
XV. SURVIVAL. The terms and conditions of sections VII, IX, and XI shall survive
termination of this Agreement.
The signatories beiow warrant that they are empowered to enter into this Agreement.
Execution Copy
GRANTEE ACCEPTANCE: Oakland County
MEDC ACCEPTANCE:
Michael J. Gingell
Chair, Oakland County Board of
Commissioners
Michigan Economic Development Corporation
Douglas J. Smith
Senior Vice President,
Business and Community Development
Execution Copy
EXHIBIT A
GRANTEE'S BUDGET
Item
Amount
CDC Administrative Costs $10,000
TOTAL $10,000
Execution Copy
EXHIBIT B
Duties/Statement of Work
Region 10 Oakland County
Contract Term
March 1, 2013 —September 30, 2013
Administrative Costs
As CDC lead in Region 10, Oakland County regularly convenes and communicates with local
partners within the region. To recognize the administrative time required to complete duties
associated with being a CDC lead, upon execution of this contract the MEDC will provide
$10,000 to cover administrative costs incurred in FY 2013.
An advance payment of $10,000 will be provided following execution of this contract. By
October 31, 2013, Oakland County will provide a summary of regional meetings including
results from a local partner engagement survey that will gauge partner satisfaction with the
region's collaborative efforts in FY 13.
<FINLS,1n1 E COMM-I-T-T-EvE
FISCAL NOTE (MISC #13093) May 9, 2013
BY: FINANCE COMMI I I EE, TOM MIDDLETON, CHAIRPERSON
IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS — 2013 REGION 10
ADMINISTRATIVE SUPPORT GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The resolution accepts the Michigan Economic Development Corporation
(MEDC) grant funding to Department of Economic Development & Community
Affairs in the amount of $10,000 for the period of March 1, 2013 through
September 30, 2013.
2. The grant award includes $10.000 for administrative costs of a regional
Salesforce system.
3. No grant match is required.
4. No new staff positions will be required to implement or administer this grant.
5. FY 2013 Budget Amendment is recommended as follows:
Fund #10100
Revenue
1090101-171000-615571 EconDevAd - Grants - State
Total Revenue
$10,000
$10,000
Expenditures
1090101-171000-731780 EconDevAd- Soft Maint
Total Expenditures
$10,000
$10,000
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long absent.
Resolution #13093 May 9, 2013
Moved by Long supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted and appointments being
confirmed).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted and appointments being
confirmed).
I HEREBY APPROTHE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 May 9, 2013,
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 9th day of May, 2013.
Lisa Brown, Oakland County