HomeMy WebLinkAboutResolutions - 2017.01.26 - 22746MISCELLANEOUS RESOLUTION#17011 January 26, 2017
BY: Commissioner Philip J. Weipert, Chairperson, Planning and Building Committee
IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS — 2017 REGION 10
COLLABORATIVE DEVELOPMENT COUNCIL (CDC) 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 $35,000 for the period of
January 1,2017 through September 30, 2017; and
WHEREAS $35,000 of grant funding is in support of an expanded outreach business retention campaign
to inform more businesses about the services, support and resources at the local, county, and state level;
and
WHEREAS no new positions are requested; and
WHEREAS this agreement has completed the grant review process in accordance with the Board of
Commissioners Grant Procedures.
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 $35,000 for the period of
January 1,2017 through September 30, 2017.
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 Buildiynmittee, I move the adoption of the foregoing
resolution.
Commissioner Philip J. Weipert, District #8
Chairperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Dwyer and McGillivray absent.
PLEASE NOTE: A revised grant agreement that includes the requested indemnification and
insurance changes is attached.
GRANT REVIEW SIGN OFF — Economic Development &
Community Affairs
GRANT NAME: 2017 Collaborative Development Council (CDC) Grant
FUNDING AGENCY: Michigan Economic Development Corporation
DEPARTMENT CONTACT PERSON: Irene Spanos 248-858-9099
STATUS: Grant Acceptance
DATE: January 3, 2017
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 (12/22/2016)
Department of Human Resources:
HR Approved (No Committee) — Lori Taylor (12/27/2016)
Risk Management and Safety:
Approved by Risk Management with the following modification:
1. Section IX. INDEMNIFICATION AND GRANTEE LIABILITY INSURANCE, must be
modified to include the use of "self-insurance" to meet the obligations detailed in this section. The phrase
"or self-insurance" should be inserted after each use of the word "insurance" in the second paragraph of
this section.
Risk Management will defer to Corporation Counsel on the Indemnification requirement contained in this
section. — Robert Erlenbeck (1/3/2017)
Corporation Counsel:
Corporation Counsel had an issue with the indemnification language in the Grant as proposed, but
revisions have been made by MEDC staff which makes the Grant acceptable. I've attached a copy of the
revised Grant that was sent to me by the MEDC. — Steve Rideout (1/3/2017)
Execution Copy
CASE - 194755
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
Building 41W
Waterford, Michigan 48328
I. NATURE OF SERVICES. The purpose of this Agreement is to provide funding to
the Grantee to support a retention visit program and administrative costs (the
"Grant Activities").
II. PERFORMANCE SCHEDULE.
Starting Date: January 1,2017 Ending Date: September 30, 2017
III. 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 Proposal
IV. PAYMENT SCHEDULE INFORMATION.
A. The MEDC agrees to pay the Grantee a sum not to exceed $35,000 (the
"Grant"). An initial payment of $20,000 shall be made to the Grantee by the
MEDC within 30 days of execution of this Agreement by both Parties.
B. Payment of the balance under this Agreement shall be made by the MEDC
to Grantee in two installments. The first installment of $7,500 occurring on
or about June 30, 2017 and upon receipt and approval by the Grant
Administrator of its interim report, and the final installment of $7,500
occurring within 30 days of the Ending Date and upon receipt and approval
by the Grant Administrator of its final report indicating that all duties outlined
in Exhibit B have been satisfactorily achieved. The Grantee agrees that all
funds shown in the Grantee's Budget are to be spent as specified.
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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").
Kell Edmonds
Michigan Economic Development Corporation
300 North Washington Square
Lansing, Michigan 48913
keWmichician.orq
VI. GRANTEE DUTIES. The Grantee agrees to undertake, perform, and complete
the activities fully described in Exhibit B.
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 (30) 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.
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IX. INDEMNIFICATION AND GRANTEE LIABILITY INSURANCE. If permitted by
law, the Grantee shall indemnify, defend and hold harmless the MEDC, its
corporate board of directors, executive committee members including its participants,
its officers, agents, and employees (the "Indemnified Persons") from any damages
that it may sustain through the negligence of the Grantee pertaining to the
performance of this Agreement.
The Grantee shall maintain such insurance, or self-insure, to protect the
Indemnified Persons from claims that might arise out of or as a result of the
Grantee's operations; however, Grantee's indemnification obligation shall not be
limited to the limits of liability imposed under the Grantee's insurance policies. 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.
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.
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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.
XVI. PUBLICITY. At the request and expense of the MEDC, the Grantee will cooperate
with the MEDC to promote the Grant Activities through one or more of the
placement of a sign, plaque, media coverage or other public presentation at the
project or other location acceptable to the Parties.
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:
Adam Robach
Manager, Contract Services
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EXHIBIT A
GRANTEE'S BUDGET
Item Amount
Retention Services $25,000
CDC Administrative Costs $10,000
TOTAL $35,000
Execution Copy
EXHIBIT B
GRANTEE'S PROPOSAL
Duties/Statement of Work
Region 10— Oakland County
2017 Regional Projects
Term of Contract:
January 1, 2017 — September 30, 2017
Targeted Retention Program
Region 10 Oakland County CDC proposes to continue an on-going campaign to promote
and expand upon business retention services.
Oakland County anticipates there will be 85 unique (beyond MEDC's Salesforce
database) site visits.
Oakland County will put a marketing campaign together to reach new Oakland County
businesses, not already in the Salesforce system. Prior to the site visits, Oakland County
will notify/invite MEDC Regional Business Development Manager who will attend if
available. When conducting the retention visits, partners will gather key information from
companies and email MEDC Business Development Manager (cc: Keli Edmonds) within
two (2) weeks of scheduled visit. The MEDC Business Development Manager will be
responsible for uploading information into Salesforce. This information includes:
• General company information such as name, address, phone number, website,
number of employees on site, corporate structure (HQ location, etc), primary
products, and name and contact for president/CEO.
• Company outlook: How has the company done in the last year? Three
years? Where do you see your business headed in the next few years?
• Identification of Michigan supply chain gaps: What products and services are most
difficult to find? Key suppliers you are looking for? Sourced out of state that
Michigan companies could provide?
• Talent retention and attraction: What job classifications or skill sets does the
company have difficulty finding talent in?
• Barrier to success: What business challenges is the company facing in
Michigan? Are there any issues that would prevent you from continuing to grow at
this location? Are there any state of Michigan or local Government issues that are
impacting your business?
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The MEDC will provide $25,000 to support on-going campaign to promote and expand
upon the business retention outreach services of Oakland County.
Administrative Costs
Oakland County convenes quarterly and communicates regularly with local municipal and
resource partners within Oakland County. 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 2017.
Summary
An advance payment of $20,000 may be requested following execution of this contract.
An interim payment of $7,500 may be requested by June 30, 2017, accompanied by an
interim report detailing the number of retention visits and data sharing with the MEDC.
The remaining payment of $7,500 may be requested by September 30, 2017,
accompanied by a final report detailing the number of retention visits and data sharing
with the MEDC.
FISCAL NOTE (MISC. #17011) January 26, 2017
BY: Commissioner Tom Middleton, Chairperson, Finance Committee
IN RE: ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS 2017 REGION 10 COLLABORATIVE
DEVELOPMENT COUNCIL (CDC) GRANT ACCEPTANCE
To The Oakland and 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 award of
$35,000 to Oakland County Department of Economic Development & Community Affairs for the
period of January 1,2017 through September 30, 2017.
2. The funding will be used to support an expanded outreach business retention campaign to inform
more businesses about the services, support and resources at the local, county, and state levels.
3. No grant match is required.
4. No new positions will be required to implement or administer this grant.
5. The FY 2017 budget is amended as follows:
MICHIGAN ECONOMIC DEVELOPMENT FUND (#29245)
GR0000000782 Activity GLB, Analysis Type GLB, Bud Ref 2017
Revenue
1090205-171030-615571 State Operating Grants
Total Revenue
Expenditure
1090205-171030-731458 Professional Services
Total Expenditure
FY 2017
$35,000
$35,000
$35,000
$35,000
Ct ommissioner Tom Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long and Fleming absent.
Resolution #17011 January 26, 2017
Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (19)
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).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MC12.4.5,559A(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 January 26,
2017, 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 26th day of January, 2017.
Lisa Brown, Oakland County