HomeMy WebLinkAboutResolutions - 2014.07.31 - 21436MISCELLANEOUS RESOLUTION #14181 July 31, 2014
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS — 2014 MICHIGAN
ECONOMIC DEVELOPMENT CORPORATION GRANT
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 May 1,2014 through September 30, 2014; and
WHEREAS $10,000 of grant funding will be used for administrative time required to
complete duties as Community Development Council lead for Region 10 in Oakland County,
which includes regularly convening and communicating with local partners within the region; 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 May 1, 2014 through September 30, 2014.
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.
PLANNING AND BUILDING COMMITTEE
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN OFF Economic Development &
Community Affairs
GRANT NAME: 2014 Michigan Economic Development Corporation Grant
FUNDING AGENCY: Michigan Economic Development Corporation
DEPARTMENT CONTACT PERSON: David Schreiber 248-858-0792
STATUS: Grant Acceptance
DATE: July 14,2014
Pursuant to Misc. Resolution #13180, 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. — Laurie Van Pelt (7/9/2014)
Department of Human Resources:
I-LR Approved. — Lori Taylor (7/9/2014)
Risk Management and Safety:
Approved with Modification. R.E. 7-9-14.
Required Modification: Section IX. INDEMNIFICATION AND GRANTEE LIABILITY
INSURANCE., requires the County to "provide and maintain its own general liability, property damage,
and workers compensation insurance." Oakland County is self-insured for several areas of exposure and
therefor does not meet the current insurance requirements detailed in this agreement. Risk Management
recommends that the agreement be modified to include the tenn "or self-insurance" after each mention of
"insurance" within this section. Risk Management also defers the issue of the Indemnification language
in this section to Corporation Counsel for their comment. 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. — Robert Erlenbeck (7/9/2014)
Corporation Counsel:
There are 3 recommended changes to the grant: 1) delete of indemnification requirement and substitute
alternative liability language; 2) changes to the insurance language to allow for self-insurance; 3) define
"CDC" as "Community Development Council",
If acceptable to the Board of Commissioners, this grant may be approved subject to Corporation Counsel
negotiating appropriate language changes to the grant. —Joellen Shortley (7/14/2014)
CASE-98367
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 the
Grantee funding to pay for administrative time required to complete duties
required as part of Grantee's role as Collaborative Development Council (CDC)
lead for Region 10/Oakland County, which include regularly convening and
communicating with local partners within the region (the "Grant Activities").
II. PERFORMANCE SCHEDULE.
Starting Date: May 1,2014 Ending Date: September 30, 2014
III. INCORPORATION BY REFERENCE. The following documents are incorporated
by reference as binding obligations of the Agreement.
Exhibit A: 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"). This amount includes all embedded expenses.
B. Payment under this Agreement shall be made to the Contractor 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
1
300 North Washington Square
Lansing, Michigan 48913
(517) 335-3145
VI, GRANTEE DUTIES. The Grantee agrees to undertake, perform, and complete
the activities fully described in Exhibit A.
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.
C. Termination by the MEDC pursuant to Section XII of this Agreement.
IX, LIABILITY AND GRANTEE LIABILITY INSURANCE. Each Party shall be
responsible for any Claims made against that Party and for the acts of its officers
or employees. In any Claim that may arise from the performance of this
Agreement, each Party shall seek its own legal representation and bear the costs
associated with such representation including any attorney fees. Except as
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otherwise provided in this Agreement, neither Party shall have any right under
any legal principle to be indemnified by the other Party or any of its officers or
employees in connection with any Claim. This Agreement does not, and is not
intended to, impair, divest, delegate or contravene any constitutional, statutory,
and/or other legal right, privilege, power, obligation, duty or immunity of the
Parties. Nothing in this Agreement shall be construed as a waiver of
governmental immunity for either Party. The Grantee shall maintain such
insurance or self-insurance to protect the MEDC from claims that
might arise out of or as a result of the Grantee's operations. The Grantee will
provide and maintain its own workers compensation insurance and shall be self-
insured for other losses.
X. TOTAL AGREEMENT. This Agreement, including the exhibit incorporated herein,
is the entire agreement between the Parties. This Agreement may not be changed
except by the written mutual agreement of the Parties.
XI. 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
MEDC may terminate this Agreement immediately upon notice to the Grantee. The
termination of this Agreement is not intended to be the sole and exclusive 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.
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XV. SURVIVAL. The terms and conditions of sections VII, IX, and XI shall survive
termination of this Agreement.
The signatories below warrant that they are empowered to enter into this Agreement.
GRANTEE ACCEPTANCE:
Dated:
MEDC ACCEPTANCE:
Oakland County
Michael J. Gingell
Chair
Oakland County Board of Commissioners
Michigan Economic Development Corporation
Dated:
Douglas J. Smith
Senior Vice President
Strategic Partnerships and Government Affairs
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EXHIBIT A
DUTIES/STATEMENT OF WORK
Region 10/Oakland County
2014 Regional Projects
Term of Contract:
May 1, 2014 —September 30, 2014
Administrative Costs
As Collaborative Development Council (CDC) lead for Region 10/Oakland, 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 2014.
An advance payment of $10,000 will be provided following execution of this contract. By October
31, 2014, Oakland County will provide a summary of results from a local partner engagement
survey that will gauge partner satisfaction with the region's collaborative efforts in FY 14.
Budget
Item Amount
Collaborative Development Council
Administrative Costs
$10,000
TOTAL $10,000
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FISCAL NOTE (MISC. #14181) July 31, 2014
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS — 2014 MICHIGAN
ECONOMIC DEVELOPMENT CORPORATION GRANT
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 May 1, 2014 through
September 30, 2014.
2. The grant award of $10,000 will be used for administrative time required to
complete duties required as Community Development Council lead for Region 10
in Oakland County, which include regularly convening and communicating with
local partners within the region.
3. No grant match is required.
4. No new staff positions will be required to implement or administer this grant.
5. FY 2014 Budget Amendment is recommended as follows:
Michigan Economic Development Fund #29245
GR0000000688 Activity GLB, Analysis Type GLB, Bud Ref 2014
Revenue
1090201-171010-615571 - Grants - State $10,000
Total Grant Revenue $lagok)
Expenditure
1090201-171010-731458 — Professional Services $10,000
Total Grant Expenditure $10,000
E COpenVISE,
1.6re 71-"PW
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Matis absent.
Resolution #14181 July 31,2014
Moved by Weipert supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, 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).
1 HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 July 31, 2014,
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 31 st day of July 2014.
Lisa Brown, Oakland County