HomeMy WebLinkAboutResolutions - 2006.11.01 - 28271Farmington DDA
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November 2, 2006
MISCELLANEOUS RESOLUTION 106213
BY: Planning and Building Committee, Chuck Palmer, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS — REQUEST FOR
APPROVAL OF MAIN STREET OAKLAND COUNTY AGREEMENT FOR TECHNICAL ASSISTANCE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners and County Executive recognize the value of
maintaining economically strong urban centers; and
WHEREAS in 2000 Oakland County through its Economic Development and Community Affairs
Department established a partnership with the National Trust for Historic Preservation to provide downtown
revitalization services to Oakland County communities; and
WHEREAS this economic development program is known as Main Street Oakland County and is the
only full service county level Main Street program in the nation; and
WHEREAS local communities must apply to the County and demonstrate their readiness and
commitment to be part of Main Street Oakland County and receive the services of the National Trust and
County; and
WHEREAS to date 12 communities have been selected to be part of Main Street Oakland County; and
WHEREAS the County works with the community's Downtown Development Authority to implement the
Main Street program of downtown revitalization; and
WHEREAS if the community does not have a Downtown Development Authority, the County works with
the municipality to implement the Main Street program of downtown revitalization; and
WHEREAS the National Trust for Historic Preservation has established "10 Standards of Performance"
as benchmarks on how a successful downtown revitalization effort should optimally function; and
WHEREAS the Main Street Oakland County Agreement for Technical Assistance establishes compliance
with the National Trust's "10 Standards of Performance" as the goal of all participating communities; and
WHEREAS it is the recommendation of the Department of Economic Development and Community
Affairs that the Oakland County Board of Commissioners accept and approve the terms and conditions of the
attached Agreement; and
WHEREAS the Departments of Economic Development and Community Affairs and Corporation Counsel
have reviewed and/or prepared the attached agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Agreement to govern the relationship and responsibilities between the
County and the following Downtown Development Authorities (DDA) and one municipality regarding the Main
Street Oakland County downtown revitalization program:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Agreement and all other related documents between the
County and the Communities listed above.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution,
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried unanimously on a roll call vote
NATIONAL TRUST MAIN STREET OAKLAND COUNTY PROGRAM
AGREEMENT FOR TECHNICAL ASSISTANCE
BETWEEN
OAKLAND COUNTY
AND
[NAME OF DDA]
This National Trust Main Street Oakland County Program Agreement ("the Agreement") is made
between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph,
Pontiac, Michigan 48341 ("County"), and the [Name and Address of LIDA] ("DDA"). In this
Agreement the County and the DDA may also be referred to jointly as "Parties".
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7,
MCL 124.501, et seq., the County and the DDA enter into this Agreement for the purpose of
delineating the relationship and responsibilities between the Parties to support and participate in
the Main Street Oakland County Program. The County has a contractual arrangement with the
National Trust for Historic Preservation in the United States ("National Trust") to assist the
County in downtown revitalization using the Main Street Four-Point Approach 1-m. The contract
allows the County to utilize the Main Street techniques, standards and the Main Street name.
This Agreement explains the assistance Oakland County can provide as well as the requirements
for participating in the Main Street Oakland County Program.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement, the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement,
whether used in the singular or plural, within or without quotation marks, or possessive or
nonpossessive, shall be defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement and any other
mutually agreed to written and executed modification, amendment, or addendum.
1.2. Community Main Street Program means the Main Street revitalization program
implemented by the DDA.
1.3. County means Oakland County, a Municipal and Constitutional Corporation
including, but not limited to, all of its departments, divisions, the County Board of
Commissioners, elected and appointed officials, directors, board members, council
members, commissioners, authorities, committees, employees, agents, volunteers,
and/or any such persons' successors.
1.4. Dm means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.5. DDA means the , Downtown Development Authority, a Municipal
Corporation including, but not limited to, its Council, Board, any and all of its
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MAIN STREET- INTERLOCAL AGREEMENT
departments, its divisions, elected and appointed officials, directors, board members,
council members, commissioners, authorities, committees, employees, agents,
subcontractors, attorneys, volunteers, and/or any such persons' successors.
1.6. MSOC means Main Street Oakland County, which is a program of the Oakland
County Department of Economic Development and Community Affairs.
1.7. Municipality means the City, Village or Township that enabled the DDA.
1.8. National Trust means the National Trust for Historic Preservation in the United
States, a charitable, educational and nonprofit corporation created by an Act of
Congress.
2. COUNTY RESPONSIBILITIES.
2.1. The County shall provide the following downtown revitalization services:
2.1.1. Downtown revitalization program training and technical assistance up to a
maximum of 200 staff hours per year which shall include the following
services.
2.1.1.1. If requested, a minimum of 6 on-site technical assistance
visits by MSOC staff per year.
2.1.1.2.
2.1.1.3.
If requested, historic preservation tax incentive information
and historic district establishment assistance up to a
maximum of 20 staff hours per year.
If requested, a minimum of 2 architectural design
assistance projects through the MSOC Design Assistance
Program to eligible business and property owners.
2.1.2. Exposure and recognition for the Community Main Street Program and
Community volunteers at the annual MSOC Main Event awards banquet.
2.1.3. If requested. and opportunities occur, the County will include the
Community Main Street Program in promotional materials at the annual
National Trust Main Street Conference and the annual County Planning
and Economic Development Heritage conference.
2.1.4. Four (4) MSOC Community entry signs (installation and permitting costs
not included). The signs remain the property of the County.
2.1.5. If requested and available, use of the County Downtown Design Resource
Center in Pontiac for meetings of the DDA.
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MAIN STREET- INTERLOCAL AGREEMENT
2.1.6. If requested, custom Geographic Information Systems map and data
services up to an annual maximum of five (5) maps and five (5) data
reports.
2.1.7. An Annual Program Assessment following the evaluation criteria
established by the National Trust as summarized in Section 3.1. The
County may utilize the services of the National Trust for this Assessment.
2.1.8. The County may provide the following optional services in conjunction
with staff from the National Trust:
2.1.8.1. Program Manager Orientation Training which is an
educational overview of the Main Street program.
2.1.8.2. Main Street 101 Training which is a two day training
session that provides an in depth explanation of the Main
Street program.
2.1.8.3. Additional workshops on topics of relevance as selected by
the County that are open to local program managers and
board and committee members.
2.1.8.4. Technical Assistance Visits on a particular relevant issue
selected by the County depending on the needs of the
individual Community Main Street Program.
2.2. The County shall use its best efforts to maintain a contract with the National Trust to
allow the County to provide downtown revitalization services to the DDA following
the Main Street Program guidelines, technical services and requirements of the
National Trust.
3. DDA RESPONSIBILITIES.
3.1. The National Trust has established "10 Standards of Performance" as benchmarks on
how a successful downtown revitalization effort should optimally function. The
DDA is responsible to use its best efforts to achieve compliance with the National
Trust's "10 Standards of Performance" as summarized below.
3.1.1. Broad-based community support for the downtown commercial district
revitalization process, with strong support from both the public and private
sectors.
3.1.2. Have vision and mission statements relevant to community conditions and
to the Community Main Street Program's organizational stage.
3.1.3. Have a comprehensive Main Street work plan.
3.1.4. Possess a historic preservation ethic.
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MAIN STREET- INTERLOCAL AGREEMENT
3.1.5. Have an active board of directors and committees.
3.1.6. Have an adequate operating budget. On an annual basis, provide County
with a copy of the section of the financial audit that relates specifically to
the Community Main Street Program.
317. DDA's that are located in Municipalities with populations of 5,000
persons or greater must have a full time professional director. DD.A's that
are located in Municipalities with populations under 5,000 persons are
encouraged to have a full time professional director; however, a part time
director is acceptable. Full time means no less then forty (40) hours work
per week. Part time means no less than twenty-five (25) hours per week.
3.1.8. Provide ongoing training for staff and volunteers of the Main Street
Program.
3.1.9. Report key reinvestment statistics.
3.1.10. Maintain current membership in the National Trust National Main Street
Network.
3.2. Cooperate fully in the Annual Program Assessment.
3.3. The degree of compliance with the Performance Standards will be evaluated annually
through the "Annual Program Assessment" conducted by staff of the National Trust's
Main Street Center andlor Oakland County. If upon review of the Annual Program
Assessment the County determines that the Community Main Street Program is in
significant noncompliance with the 10 Standards of Performance, the DDA and
Municipality will be notified. Upon notification, the DDA and County will begin a
maximum twelve (12) month period in which to cooperatively resolve the areas of
noncompliance. Continued significant non-compliance after the twelve (12) month
period, by the DDA may result in termination of this Agreement and loss of
designation as an Oakland County Community Main Street Program.
4. DURATION OF INTERLOCAL AGREEMENT.
4.1. The Agreement and any amendments hereto shall be effective when executed by both
Parties with concurrent resolutions passed by the governing bodies of each Party.
The approval and terms of this Agreement and any amendments hereto shall be
entered in the official minutes of the governing bodies of each Party. An executed
copy of this Agreement and any amendments shall be filed by the County Clerk with
the Secretary of State.
4.2. Unless extended by mutual, written agreement by both Parties, this Agreement shall
remain in effect for three (3) years from the date the Agreement is completely
executed by all Parties or until cancelled or terminated by any of the Parties pursuant
to Section 9.
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MAIN STREET- INTERLOCAL AGREEMENT
5. ASSURANCES.
5.1. Each Party shall be responsible for its own acts and the acts of its employees, and
agents, the costs associated with those acts, and the defense of those acts.
5.2. This Agreement does not create any direct or indirect obligation or right to be
indemnified (i.e., contractually, legally, equitably or by implication) nor any right to
be subrogated to any rights in this Agreement.
5.3. The Parties have taken all actions and secured all approvals necessary to authorize
and complete this Agreement. The persons signing this Agreement on behalf of each
Party have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
5.4. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, and requirements applicable to its activities performed under this
Agreement.
6. LIMITATION OF LIABLITY. In no event shall the County be liable to the DDA or the
Municipality, or any other person, for any consequential, incidental, direct, indirect, special,
and punitive or other damages arising out of this Agreement.
7. TERMINATION OR CANCELLATION OF AGREEMENT.
7.1. Either Party may terminate or cancel this Agreement upon ninety (90) days written
notice, if: (i) the other Party defaults in any obligation contained in this Agreement
and within the ninety (90) day notice period the Party failed to cure such default or
failed to take a course of action to cure such default or (ii) for any reason, including
convenience. Any notification concerning default must be in writing and clearly state
the specific default(s). The effective date of termination and/or cancellation shall be
clearly stated in the written notice. Either the County Executive or the Board of
Commissioners is authorized to terminate this Agreement for the County.
7.2. This Agreement shall terminate immediately if the National Trust terminates or
cancels its Contract with Oakland County or if the County is unable to continue its
contractual relationship with the National Trust.
7.3. Upon termination the four (4) signs described in Section 2 shall be returned to the
County within sixty (60) business days.
8. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive,
impair, divest, delegate, or contravene any constitutional. statutory, and/or other legal right,
privilege, power, obligation, duty, or immunity of the Parties.
9. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the prior
written consent of the other Party.
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MAIN STREET- INTERLOCAL AGREEMENT
10. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage
prepaid, and addressed to the person listed below. Notice will be deemed given on the date
when one of the following first occur: (1) the date of actual receipt; (2) the next business day
when notice is sent express delivery service or personal delivery; or (3) three days after
mailing first class or certified U.S. mail.
10.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County
Department of Economic Development and Community Affairs, Director, 1200 North
Telegraph Road, Pontiac, Michigan, 48341 and Chairperson of the Oakland County
Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341.
10.2. If Notice is sent to the DDA, it shall be addressed to:
10.3. If a Notice of Non-Compliance is sent to the Municipality for informational purposes
only, it shall be addressed to:
10.4. Either Party may change the address and/or individual to which Notice is sent by
notifying the other Party in writing of the change.
11. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement
shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as
otherwise required by law or court rule, any action brought to enforce, interpret, or decide
any Claim arising under or related to this Agreement shall be brought in the 6th Judicial
Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or
the United States District Court for the Eastern District of Michigan, Southern Division, as
dictated by the applicable jurisdiction of the court. Except as otherwise required by law or
court rule, venue is proper in the courts set forth above.
12. ENTIRE AGREEMENT. This Agreement represents the entire agreement and
understanding between the Parties. This Agreement supersedes all other oral or written
agreements between the Parties. The language of this Agreement shall be construed as a
whole according to its fair meaning, and not construed strictly for or against any Party.
IN WITNESS WHEREOF, hereby acknowledges that he/she has been
authorized by a resolution of the , a certified copy of which is attached, to
execute this Agreement on behalf of the DDA and hereby accepts and binds the DDA to the
terms and conditions of this Agreement.
EXECUTED:
WITNESSED:
DATE:
DATE:
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MAIN STREET- INTERLOCAL AGREEMENT
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners, a certified copy of which is attached, to execute this
Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County
to the terms and conditions of this Agreement.
EXECUIED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk/Register of Deeds
County of Oakland
2006-0502/DDAInterlocalOctoberl IClean cioc
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MAIN STREET- INTERLOCAL AGREEMENT
Resolution #06213 November 2, 2006
Moved by Palmer supported by Coulter the resolution be adopted.
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Moss,
Nash, Palmer, Potter, Rogers, Suarez, Wilson, Woodward, Zack, Bullard, Coleman, Coulter. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
"Yob
I HERESY APPROVE Ti MOM IESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, 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 November 2, 2006,
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 November, 2006.
RuthyvitaldiadV CoUnty Clerk