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HomeMy WebLinkAboutReports - 2023.04.20 - 38143 AGENDA ITEM: Acceptance of the FY 2023 Michigan Economic Development Corporation (MEDC) Enhancement Project DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Thursday, April 20, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2775 Motion to accept the FY 2023 Michigan Economic Development Corporation Enhancement Grant funding in the amount of $250,000 for the period of October 1, 2022 through December 31, 2023 and authorize the Chair of the Board of Commissioners to execute the grant agreement; further, amend the FY 2023-2024 budget as detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Grant Penny Luebs INTRODUCTION AND BACKGROUND Oakland County has been awarded funding from the Michigan Economic Development Corporation to support the costs of vehicle and maintenance equipment and increased marine patrols throughout Oakland County during the 2023 boating season to focus on problematic lakes and enforcement needs specific to individual lakes, including, but not limited to, reckless operations, operating while intoxicated, and slow no-wake violations. The grant period is October 1, 2022 through December 31, 2023. The grant funding includes $146,600 for marine patrol, $79,500 for the purchase of boats, $21,000 for motor pool costs, and $2,900 for marine maintenance supplies. Acceptance of this grant does not obligate the County to any future commitment and continuation of this program is contingent upon continued future levels of grant funding. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Curtis Childs Gaia Piir, Sheriff Fiscal Officer ITEM REVIEW TRACKING Penny Luebs, Board of Commissioners Created - AGENDA DEADLINE: 04/20/2023 6:00 PM ATTACHMENTS 1. FY23 MEDC Marine Grant Schedule A 2. Grant Review Sign-Off 2023 MEDC 3. Case-366754 Oakland County Sheriff's Office - Exe Copy 3 4. Award_AWD00328__FY2023_MEDC_Enhancement_Grant_10_01_2022_for_$250,000.00 COMMITTEE TRACKING 2023-04-11 Public Health & Safety - Recommend and forward to Finance 2023-04-12 Finance - Recommend to Board 2023-04-20 Full Board - Approve Motioned by: Commissioner Robert Hoffman Seconded by: Commissioner Michael Gingell Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Marcia Gershenson, Janet Jackson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16) No: None (0) Abstain: None (0) Absent: Gary McGillivray, Gwen Markham, Angela Powell (3) Passed Oakland County, Michigan SHERIFF'S OFFICE - FY2023 MICHIGAN ECONOMIC DEVELOPMENT CORPORATION (MEDC) ENHANCEMENT GRANT PROJECT Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND) Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2023 Amendment FY 2024 Amendment FY 2025 Amendment R Law Enforcement Grants Patrol Services FND11005 CCN4030601 RC615571 PRG116200 GRN-1004105 615000 State Operating Grants $250,000 $-$- Total Revenues $250,000 $-$- E Law Enforcement Grants Patrol Services FND11005 CCN4030601 SC702010 PRG116200 GRN-1004105 702000 Salaries $132,000 $-$- E Law Enforcement Grants Patrol Services FND11005 CCN4030601 SC722900 PRG116200 GRN-1004105 722000 Fringe Benefit Adjustments 14,600 E Law Enforcement Grants Patrol Services FND11005 CCN4030601 SC750294 PRG116200 GRN-1004105 750000 Material and Supplies 2,900 E Law Enforcement Grants Patrol Services FND11005 CCN4030601 SC760051 PRG116200 GRN-1004105 760000 Marine Equipment-Boats 79,500 E Law Enforcement Grants Patrol Services FND11005 CCN4030601 SC776659 PRG116200 GRN-1004105 770000 Motor Pool Fuel 13,000 E Law Enforcement Grants Patrol Services FND11005 CCN4030601 SC776661 PRG116200 GRN-1004105 770000 Motor Pool 8,000 Total Expenditures $250,000 $-$- GRANT REVIEW SIGN-OFF – Sheriff’s Office GRANT NAME: FY2023 MEDC Enhancement Grant FUNDING AGENCY: Michigan Economic Development Corporation (MEDC) DEPARTMENT CONTACT PERSON: Sgt. Brian Burwell 248-858-1664 STATUS: Grant Acceptance (Greater than $10,000) DATE: 04/05/2023 Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign- off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved – Sheryl Johnson (04/04/2023) Human Resources: Approved by Human Resources. No position impact. – Heather Mason (03/31/2023) Risk Management: Approved. Allows the County to self-insure – Robert Erlenbeck (04/03/2023) Corporation Counsel: Approval – Heather Lewis (03/31/2023) [Included is revised contract] Execution Copy 1 CASE - 366754 MICHIGAN ECONOMIC DEVELOPMENT CORPORATION GRANT WITH OAKLAND COUNTY SHERIFF’S OFFICE The Michigan Economic Development Corporation (the “MEDC”) enters into a binding agreement (the “Agreement”) with Oakland County Sheriff’s Office (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 Sheriff’s Office 1200 North Telegraph Road Pontiac, Michigan 48341 I. NATURE OF SERVICES. The purpose of this Agreement is to provide funding to the Grantee to support the costs of vehicle and maintenance equipment and increased marine patrols throughout Oakland County, Michigan, during the 2023 boating season, which will focus on problematic lakes and enforcement needs specific to individual lakes, including, but not limited to, reckless operations, operating while intoxicated, and slow or no-wake violations (the “Grant Activities”). II. PERFORMANCE SCHEDULE. Starting Date: October 1, 2022 Ending Date: December 31, 2023 The term of this Agreement (the “Term”) shall commence on the Starting Date and shall continue until the occurrence of an event described in Section IX of this Agreement. III. INCORPORATION BY REFERENCE. The following documents are incorporated by reference as binding obligations, term, and conditions of the Agreement. Exhibit A: Grantee’s Budget In the event of any inconsistency between the provisions of Exhibit A and this Agreement, the provisions of this Agreement shall control. IV. PAYMENT SCHEDULE INFORMATION. A. The MEDC agrees to pay the Grantee a sum not to exceed Two Hundred Fifty Thousand Dollars ($250,000) (the “Grant”). A disbursement of 50% of the funds may be made following Grant Agreement execution and authorization by the Grant Administrator. Additional funds shall only be disbursed after verification that the previous payment has been expended, in full, in accordance with the Agreement. Execution Copy 2 B. Payment(s) under this Agreement shall be made by the MEDC to Grantee upon receipt and approval by the Grant Administrator of Grantee’s billing statement(s) stating that the work for which payment is requested has been appropriately performed. Grantee shall provide Grantee’s billing statement(s) to Grant Administrator or at Grant Administrator’s direction. Grant Administrator shall provide Grantee with appropriate submission instructions of Grantee’s billing statement(s). C. MEDC requires that payments under this Agreement be processed by electronic funds transfer (EFT). Grantee is required to register to receive payments by EFT at the State Integrated Governmental Management Applications (SIGMA) Vendor Self Service (VSS) website (www.michigan.gov/VSSLogin). D. The Grantee agrees that all funds shown in the Budget, described in Exhibit A, are to be spent as specified. This Agreement does not commit the MEDC to approve requests for additional funds during or beyond this Grant period. E. Changes in the Budget will be allowed only upon prior review and written approval by the Grant Administrator. F. Grantee’s billing statement(s) may be subject to a final audit prior to the release of final payment. 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 may be changed, at any time, at the discretion of the MEDC. Kristyn Blackmer (the “Grant Administrator”) Michigan Economic Development Corporation 300 North Washington Square Lansing, Michigan 48913 blackmerk1@michigan.org VI. GRANTEE DUTIES. A. The Grantee agrees to submit documentation of the expenditures of funds in accordance with Exhibit A and submit quarterly progress reports in a form and to the satisfaction of the MEDC, that provides at a minimum the status of the project and an accounting of all funds expended on Grant Activities during that quarter. Execution Copy 3 VII. RELATIONSHIP OF THE PARTIES. A. Due to the nature of the services described herein and the need for specialized skill and knowledge of Grantee, the MEDC is entering into this Agreement with Grantee. As a result, 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. D. All tools, supplies, materials, equipment, and office space necessary to carry out the services described in this Agreement are the sole responsibility of Grantee unless otherwise specified herein. E. Grantee shall retain all control of its employees and staffing decisions independent of the direction and control of the MEDC. VIII. ACCESS TO RECORDS. During the Term, and for seven (7) years after the Ending Date, the Grantee shall maintain reasonable records, including evidence that the services actually were performed and the identity of all individuals paid for such services, and shall allow access to those records by the MEDC or their authorized representative at any time during this period. IX. 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 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. Execution Copy 4 C. Termination by the MEDC pursuant to Section XIX of this Agreement. X. MEDC EMPLOYEES. The Grantee will not hire any employee of the MEDC to perform any services covered by this agreement without prior written approval from the Chief Executive Officer of the MEDC. XI. CONFIDENTIAL INFORMATION. Except as required by law, the Grantee shall not disclose any information, including targeted business lists, economic development analyses, computer programs, databases, and all materials furnished to the Grantee by the MEDC without the prior written consent of the MEDC. All information described in this Section shall be considered “Confidential Information” under this Agreement. Confidential Information does not include: (a) information that is already in the possession of, or is independently developed by, Grantee; (b) becomes publicly available other than through breach of this Agreement; (c) is received by Grantee from a third party with authorization to make such disclosures; or (d) is released with MEDC’s written consent. XII. PUBLICATIONS. Except for Confidential Information, the MEDC hereby agrees that researchers funded with the Grant shall be permitted to present at symposia, national, or regional professional meetings, and to publish in journals, theses, or dissertations, or otherwise of their own choosing, the methods and results of their research. Grantee shall at its sole discretion and at its sole cost and expense, prior to publication, seek intellectual property protection for any Inventions (as described in Section XIII) if commercially warranted. Grantee shall submit to the MEDC a listing of articles that Grantee has submitted for publication resulting from work performed hereunder in its quarterly report to the MEDC. Grantee shall acknowledge the financial support received from the MEDC, as appropriate, in any such publication. XIII. INTELLECTUAL PROPERTY RIGHTS. Grantee shall retain ownership to the entire right, title, and interest in any new inventions, improvements, or discoveries developed or produced under this Grant, including, but not limited to, concepts know-how, software, materials, methods, and devices (“Inventions”) and shall have the right to enter into license agreements with industry covering Inventions. XIV. CONFLICT OF INTEREST. Except as has been disclosed to the MEDC, Grantee affirms that neither the Grantee nor its Affiliates or their employees has, shall have, or shall acquire any contractual, financial business, or other interest, direct or indirect, that would conflict in any manner with Grantee’s performance of its obligations under this Agreement or otherwise create the appearance of impropriety with respect to this Agreement. Grantee further affirms that neither Grantee nor any affiliates or their employees has accepted or shall accept anything of value based on an understanding that the actions of the Grantee or its affiliates or either’s employees on behalf of the MEDC Execution Copy 5 would be influenced. Grantee shall not attempt to influence any MEDC employee by the direct or indirect offer of anything of value. Grantee also affirms that neither Grantee, nor its Affiliates or their employees has paid or agreed to pay any person, other than bona fide employees and consultants working solely for Grantee or its Affiliate, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. In the event of change in either the interests or services under this Agreement, Grantee will inform the MEDC regarding possible conflicts of interest which may arise as a result of such change. Grantee agrees that conflicts of interest shall be resolved to the MEDC’s satisfaction or the MEDC may terminate this Agreement. As used in this Paragraph, “conflict of interest” shall include, but not be limited to, conflicts of interest that are defined under the laws of the State of Michigan. XV. INDEMNIFICATION AND GRANTEE LIABILITY INSURANCE. Except for its payment obligations under this Agreement, the MEDC, its corporate board of directors, executive committee members including its participants, its officers, agents, and employees (the “MEDC Persons”) is not liable for any claims or any damages that may arise out of, or relate to, this Agreement. The Grantee will provide and maintain its own general liability, property damage, and Worker’s Compensation insurance. If Grantee is self-insured, Grantee shall provide such copy of self-insurance upon request and such insurance shall cover any limits of liability required by law for the Grantee's obligations under this Agreement. XVI. TOTAL AGREEMENT. This Agreement, together with Exhibit A incorporated herein, is the entire agreement between the Parties superseding any prior or concurrent agreements as to the services being provided, and no oral or written terms or conditions which are not contained in this Agreement shall be binding. This Agreement may not be changed except by mutual agreement of the Parties reduced to writing and signed. XVII. 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. Any future successors of the Grantee will be bound by the provisions of this Agreement unless the MEDC otherwise agrees in a specific written consent. The MEDC reserves the right to approve subcontractors for this Agreement and to require the Grantee to replace subcontractors who are found to be unacceptable. Execution Copy 6 XVIII. COMPLIANCE WITH LAWS. The Grantee is not and will not during the Term be in violation of any laws, ordinances, regulations, rules, orders, judgments, decrees, or other requirements imposed by any governmental authority to which it is subject, and will not fail to obtain any licenses, permits, or other governmental authorizations necessary to carry out its duties under this Agreement. XIX. 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 Grantee’s failure generally to pay debts as they mature, or the appointment of a receiver or custodian over a material portion of the Grantee’s assets, which receiver or custodian is not discharged within sixty (60) calendar days of such appointment; (c) any voluntary bankruptcy or insolvency proceedings are commenced by the Grantee; (d) any involuntary bankruptcy or insolvency proceedings are commenced against the Grantee, which proceedings are not set aside within sixty (60) calendar days from the date of institution thereof; (e) any writ of attachment, garnishment, execution, tax lien, or similar writ is issued against any property of the Grantee, which is not removed within sixty (60) calendar days. (f) the Grantee’s failure to comply with the reporting requirements hereof; (g) the Grantee’s failure to comply with any obligations or duties contained herein; and on (h) Grantee’s use of the Grant funds for any purpose not contemplated under this Agreement. XX. AVAILABLE REMEDIES. 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. XXI. REIMBURSEMENT. If this Grant is terminated as a result of Section XIX(h) hereof, the MEDC shall have no further obligation to make a Grant disbursement to the Grantee. The Grantee shall reimburse the MEDC for disbursements of the Grant determined to have been expended for purposes other than as set forth herein as well as any Grant funds, which were previously disbursed but not yet expended by the Grantee. XXII. NOTICES. Any notice, approval, request, authorization, direction, or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes: (a) on the delivery date if delivered by electronic mail or by confirmed facsimile; (b) on the delivery date if delivered personally to the Party to whom the same is directed; (c) one business day after deposit with a commercial overnight carrier, with written verification of receipt; or (d) Three business days after the mailing date, whether or not actually Execution Copy 7 received, if sent by U.S. mail, return receipt requested, postage, and charges prepaid, or any other means of rapid mail delivery for which a receipt is available. The notice address for the Parties shall be the address as set forth in this Agreement, with the other relevant notice information, including the recipient for notice and, as applicable, such recipient’s facsimile number or electronic mail address, to be as reasonably identified by notifying Party. The MEDC and Grantee may, by notice given hereunder, designate any further or different addresses to which subsequent notices shall be sent. XXIII. ACCESS TO RECORDS AND INSPECTION RIGHTS. During the Term, there will be frequent contact between the Grant Administrator and the Grantee. Until the end of the Term, to enable the MEDC to monitor and ensure compliance with the terms of this Agreement, the Grantee shall permit the MEDC to visit the Grantee, and any other location where books and records of the Grantee are normally kept, to inspect the books and records, including financial records and all other information and data relevant to the terms of this Agreement, including the expenditure of the Grant disbursements; provided, however, that such audit right shall survive the end of the Term by three (3) years. At such visits, the Grantee shall permit any employee or agent of the MEDC to make copies or extracts from information and to discuss the affairs, finances, and accounts of the Grantee related to this Agreement with its officers, employees, or agents. The MEDC shall have the right to remove, photocopy, photograph, or otherwise record in any way any part of such books and records with the prior written consent of the Grantee, which consent shall not be unreasonably withheld. XXIV. GOVERNING LAW. This Agreement is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced, and governed under the laws of the State of Michigan without regard to the doctrines of conflict of laws. The terms of this provision shall survive the termination or cancellation of the Agreement. XXV. COUNTERPARTS AND COPIES. The Parties hereby agree that the faxed signatures of the Parties to this Agreement shall be as binding and enforceable as original signatures; and that this Agreement may be executed in multiple counterparts with the counterparts together being deemed to constitute the complete agreement of the Parties. Copies (whether photostatic, facsimile or otherwise) of this Agreement may be made and relied upon to the same extent as though such copy was an original. XXVI. JURISDICTION. In connection with any dispute between the Parties under this Agreement, the Parties hereby irrevocably submit to jurisdiction and venue of the Michigan circuit courts of the State of Michigan located in Ingham County. Each Party hereby waives and agrees not to assert, by way of motion as a defense or otherwise in any such action any claim; (a) that it is not subject to the jurisdiction of such court; (b) that the action is brought in an inconvenient forum; (c) that the venue of the suit, action, or other proceeding is improper; or (d) that this Agreement Execution Copy 8 or the subject matter of this Agreement may not be enforced in or by such court. XXVII. SEVERABILITY. All of the clauses of this Agreement are distinct and severable and, if any clause shall be deemed illegal, void, or unenforceable, it shall not affect the validity, legality, or enforceability of any other clause or provision of this Agreement. To the extent possible, the illegal, void, or unenforceable provision shall be revised to the extent required to render the Agreement enforceable and valid, and to the fullest extent possible, the rights and responsibilities of the Parties shall be interpreted and enforced to preserve the Agreement and the intent of the Parties. Provided, if application of this section should materially and adversely alter or affect a Party’s rights or obligations under this Agreement, the Parties agree to negotiate in good faith to develop a structure that is as nearly the same structure as the original Agreement (as may be amended from time to time) without regard to such invalidity, illegality, or unenforceability. XXVIII. 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. XXIX. SURVIVAL. The terms and conditions of sections VII, VIII, XI, XV, XVII, XXIV, XXVI, and XXVII shall survive termination of this Agreement. The signatories below warrant that they are empowered to enter into this Agreement. GRANTEE ACCEPTANCE: Oakland County Sheriff’s Office Dated: _____________ __________________________________ David T. Woodward Chairperson, Oakland County Board of Commissioners MEDC ACCEPTANCE: Michigan Economic Development Corporation Dated: _____________ __________________________________ Christin Armstrong Secretary Execution Copy A-1 EXHIBIT A GRANTEE’S BUDGET Michigan Enhancement Grant Project Budget 1. Grantee: Oakland County Sheriff's Office 2. Project Title: Marine Patrol 3. Project Cost Elements 4. Funding Sources Activities Other/Additional Notes Michigan Enhancement Grant Local Funding Other Funding Total Marine Patrol ($40 per hour x 3,665 hours) General Admin Cost $146,600.00 $146,600.00 2 X 2023 Mako Pro Skiff 15 CC (Center Console) in Bone White with Galvanized Trailer and Spare tire, Mercury 60 HP Four Stroke ELPT Outboard, Lowrance HOOK2 5X Pro @ $26,500 each Equipment $79,500.00 $79,500.00 3 x Patrol vehicle (monthly lease for Marine Patrol, Towing, Launching and Recovering Marine Patrol Boats ($1000 per month, 7 Months per year (April thru October) Other $21,000.00 $21,000 Marine Maintenance Items: 1211C 12 X 11 C STYLE BLADE MB3 B STYLE HUB ASSEMBLY 10252105 1.1 92 8M0078621 OIL 4CYCLE 55GL Gear lube 16-gallon SAE 90 Supplies $2,900.00 $2,900 Total $250,000.00 $- $- $250,000.00 View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 1 of 11 For AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 (version 0) Overall Process Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 Overall Status Successfully Completed Due Date 03/11/2023 Calendars In Use Consecutive Days (No Calendars Selected) Details Award AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 (version 0) Award Number AWD00328 Award Status Approved Version 0 Version Status Award In Effect Award Company Oakland County Name FY2023 MEDC Enhancement Grant Award Lifecycle Status Open Grantor Award Reference Number Award Date 10/01/2022 Award Signed Date Award Type Other Awards Award Tier 2 - $10,001 - $250,000 Institutional Id Spend Restriction Default Award Group 16 - Raquel Award Contract Owner Katie West (19669) Grantor Is Subaward No Prime Grantor Grantor Michigan Economic Development Corporation (MEDC) Bill-To Grantor Michigan Economic Development Corporation (MEDC) Letter Of Credit Document ID Award Billing Sequence Active No View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 2 of 11 Award Amounts Currency USD Zero Amount Award Grantor Direct Cost 250,000.00 Grantor Indirect Cost 0.00 Grantor Total 250,000.00 Match Total 0.00 Award Total 250,000.00 Entered Line Amount 250,000.00 Authorized Amount 250,000.00 Billing Limit Override 0.00 Billed To Date 0.00 Match Required by Grantor No Award Calendar Award Schedule FY2023 MEDC Enhancement Grant Start Date 10/01/2022 End Date 12/31/2023 Contract Start Date Contract End Date Proposal Federal Award Id Number CFDA Number CFDA Description Proposal ID Proposal Version Related Proposals Award Line Summary View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 3 of 11 Line Line Number Grant Revenue Category Line Type Line Status Line Amount Billing Schedule Scheduled, In Progress, and Ready To Bill Amount Billed Amount From Date To Date AWD00328 RC615571 - State Operating Grants (Line 1) 1 GRN-1004105 Michigan Economic Development Corp (MEDC) Enhancement Grant FY2023 RC615571 - State Operating Grants Fixed Amount Active 250,000.00 0.00 0.00 10/01/2022 12/31/2023 Award Lines Award Line AWD00328 RC615571 - State Operating Grants (Line 1) Line Number 1 Billed Amount 0.00 Line Status Active Line Item Details Company Oakland County Line Type Fixed Amount Primary Yes Grant GRN-1004105 Michigan Economic Development Corp (MEDC) Enhancement Grant FY2023 Line Amount 250,000.00 Revenue Category RC615571 - State Operating Grants Award Line Lifecycle Status Open Spend Restriction Line Item Description Deferred Revenue No Line CFDA Number Line CFDA Description Indirect Cost Current Rate 0.00% Rate Agreement 0% Rate (01/01/1900) Basis Type Total Direct Costs Object Class Set Standard Cost Rate Type Oakland County Exception View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 4 of 11 Revenue Allocation Profile Non-Departmental General Fund & Finance Program Basis Limit Additional Information From Date 10/01/2022 To Date 12/31/2023 Memo Cost Center CCN4030601 Sheriff Patrol Services Program PRG116200 Marine Safety *Fund FND11005 Law Enforcement Grants Additional Worktags Subrecipient Line Federal Award Id Number Award Notes Notes Oakland County has been awarded funding from the Michigan Economic Development Corporation to support costs of vehicle and maintenance equipment and increased marine patrols throughout Oakland County during the 2023 boating season to focus on problematic lakes and enforcement needs specific to individual lakes, including, but not limited to, reckless operations, operating while intoxicated, and slow no-wake violations. Note 3/30/23: Per Corp. Counsel and Risk Management contract language review comments, MEDC has provided a revised agreement to address the contract language changes. Assigned Roles Assignable Role Assigned To Grant Review Information Grant Review Information Type Comment 01. Due Date for Reviewer Comments:4/13/2023 02. Operating Department:Sheriff's Office 03. Department Contact Name/Number:Sgt. Brian Burwell/248-858-1664 04. Document Identification Number:Case - 366754 05. Original Source of Funding:MEDC 06. Will you issue subaward(s) – Indicate Agency(ies):No 07. Contract - Indicate Contractor(s) and Service/Product(s):will need to place boats out for bid 08. New Facility/Office Space Needs:N/A View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 5 of 11 Grant Review Information Type Comment 09. IT Resources (New Computer Hardware/Software Needs or Purchases):N/A 10. Funding Continuation:New 11. Prior Year Total Funding:$0 12. New Grant Funded Position(s) Request:N/A 13. Grant Related Position(s):N/A 14. Grantor Funds:$250,000 15. Total Budget:$250,000 16. Match/Source (if applicable):no match required 17. Grantor Submission Due Date:N/A Attachments Attachment Comment Attachment Category MR - MEDC Marine Funding.docx Miscellaneous Resolution Case-366754 Oakland County Sheriff's Office - Exe Copy 2.pdf revised MEDC agreement Budget Award Budget Defaults Default Budget Structure Award - Total Expense by Grant Default Entry Type Project and Award Default Balanced Amendment Yes Details Budget Template Award - Total Expense by Grant : AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 (version 0) Budget AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 (version 0) Budget Check Enabled Yes Budget Check Options Include Reserved Journal Lines Yes Allow Credit Transactions to Pass Yes Budget Check Option Warn Evaluation Date Budget Date Cumulative Control Periods Yes Budget Check Control Periods Control by Duration Ledger Types for Budget Check Actuals Commitments Obligations View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 6 of 11 Allow Budget Check Override No Budget Information Company Oakland County Budget Structure Award - Total Expense by Grant Years 1 Entry Type Project and Award Currency USD AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 (version 0) Award Amount 250,000.00 Budget Period 250,000.00 Budget Lines Budget Period *Ledger Account/Summary *Grant Amount Master Account Set: Expense GRN-1004105 Michigan Economic Development Corp (MEDC) Enhancement Grant FY2023 250,000.00 Subtotals Budget Period 250,000.00 Process Process History Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Award Event Award Event Step Completed 03/09/2023 09:07:25 AM 03/11/2023 Katie West (19669)1 Award Budget Hub Event Award Budget Hub Event Step Completed 03/09/2023 09:53:47 AM Katie West (19669) (Initiator) 1 Budget Event Budget Event Approved 03/09/2023 09:53:54 AM Katie West (19669) (Initiator) 1 Budget Event To Do: Financial Budget Approval Confirmation Not Required 0 Budget Event Approval by Budget Manager Not Required 0 Award Event Review Award Approved 03/14/2023 11:11:26 AM 03/11/2023 Terri Brockmiller (28982) (Grant Budget Specialist) 1 View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 7 of 11 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Award Event Review Award Approved 03/14/2023 11:21:01 AM 03/11/2023 Tifanny Keyes-Bowie (12452) (Sponsored Programs Manager) 1 Award Event Review Award Not Required 03/11/2023 0 Award Event Approval by Grant Review Departments (All) Withdrawn 03/21/2023 Heather Lewis (28550)1 Award Event Approval by Grant Review Departments (All) Withdrawn 03/21/2023 Heather Lewis (28550)1 Award Event Approval by Grant Review Departments (All) Approved 03/14/2023 12:09:23 PM 03/21/2023 Heather Mason (14906) (Grant Review Departments) 1 Award Event Review Award Approvers Added 03/15/2023 12:10:01 PM 03/11/2023 Tifanny Keyes-Bowie (12452) (Sponsored Programs Manager) 1 Award Event Review Award Approved 03/15/2023 12:10:01 PM 03/11/2023 Tifanny Keyes-Bowie (12452) (Sponsored Programs Manager) 1 View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 8 of 11 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Send Back Reason from Heather Lewis: Unfortunately, Corporation Counsel cannot approve the Agreement as written. It contains unacceptable indemnification and insurance language and requires an addition under the “confidential information” section (XI). As a governmental entity and a Michigan Municipal and Constitutional Corporation, Oakland County is prohibited by state law from indemnifying a third party. See Michigan Municipal Liability & Property Pool v Muskegon County Bd of County Rd Comm, 235 Mich App 183 (1999); OAG, 197701978, No 5305, p 436 (May 3, 1978). Oakland County proposes the alternative language “Each party to this Agreement will remain responsible for any claims arising out of that party’s performance of this Agreement as provided by this Agreement or by law. This Agreement is not intended to increase or decrease either party’s liability for or immunity from tort claims. This Agreement is not intended to nor will it be interpreted as giving either party a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement. Additionally, we request the following language be added to the Agreement: Nothing herein shall be construed as a waiver of any governmental immunity that has been provided to the Subcontractor or its employees by statute or court decisions. Award Event Review Award Sent Back 03/15/2023 02:17:22 PM Heather Lewis (28550)1 View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 9 of 11 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Bob Erlenbeck (Risk Management) might have an issue with their insurance requirements as well. The County is self-insured. There is also an issue with section XI- confidential information. OCSO documents/records may be subject to FOIA. The following should be added to list of what confidential information does not include: “information subject to disclosure under the Michigan Freedom of Information Act FOIA)”. Award Budget Hub Event Award Budget Hub Event Step Completed 03/15/2023 02:51:22 PM Katie West (19669) (Initiator) 1 Budget Event Budget Event Approved 03/15/2023 02:51:36 PM Katie West (19669) (Initiator) 1 Budget Event To Do: Financial Budget Approval Confirmation Not Required 0 Budget Event Approval by Budget Manager Not Required 0 Award Event Review Award Approved 03/16/2023 12:02:32 PM 03/11/2023 Terri Brockmiller (28982) (Grant Budget Specialist) 1 Award Event Review Award Approved 03/27/2023 08:15:52 AM 03/11/2023 Laura Randall (41803) (Sponsored Programs Manager) 1 Award Event Review Award Not Required 03/11/2023 0 Award Event Approval by Grant Review Departments (All) Approved 03/27/2023 08:22:31 AM 04/03/2023 Hailey Matthews (28332) on behalf of Heather Mason (14906) (Grant Review Departments) 1 Award Event Approval by Grant Review Departments (All) Approved 03/27/2023 03:33:53 PM 04/03/2023 Robert Erlenbeck (27643) (Grant Review Departments) 1 Award Event Approval by Grant Review Departments (All) Withdrawn 04/03/2023 0 Award Event Review Award Withdrawn 03/11/2023 0 Award Event Award Event Step Completed 03/30/2023 11:04:25 AM 03/11/2023 Katie West (19669)1 View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 10 of 11 Process Step Status Completed On Due Date Person (Up to 5)All Persons Comment Award Budget Hub Event Award Budget Hub Event Step Completed 03/30/2023 11:44:15 AM Katie West (19669) (Initiator) 1 Budget Event Budget Event Approved 03/30/2023 11:44:33 AM Katie West (19669) (Initiator) 1 Budget Event To Do: Financial Budget Approval Confirmation Not Required 0 Budget Event Approval by Budget Manager Not Required 0 Award Event Review Award Approved 03/31/2023 10:50:02 AM 03/11/2023 Terri Brockmiller (28982) (Grant Budget Specialist) 1 Award Event Review Award Approved 03/31/2023 11:35:32 AM 03/11/2023 Tifanny Keyes-Bowie (12452) (Sponsored Programs Manager) 1 Award Event Review Award Not Required 03/11/2023 0 Award Event Review Award Approvers Added 03/31/2023 11:36:09 AM 03/11/2023 Tifanny Keyes-Bowie (12452) (Sponsored Programs Manager) 1 Award Event Review Award Approved 03/31/2023 11:36:09 AM 03/11/2023 Tifanny Keyes-Bowie (12452) (Sponsored Programs Manager) 1 Award Event Approval by Grant Review Departments (All) Approved 03/31/2023 12:02:01 PM 04/07/2023 Hailey Matthews (28332) on behalf of Heather Mason (14906) (Grant Review Departments) 1 Award Event Review Award Approved 03/31/2023 02:39:05 PM Heather Lewis (28550)1 Award Event Approval by Grant Review Departments (All) Approved 04/03/2023 12:02:29 PM 04/07/2023 Robert Erlenbeck (27643) (Grant Review Departments) 1 Award Event Approval by Grant Review Departments (All) Approved 04/04/2023 08:21:05 AM 04/07/2023 Sheryl Johnson (41706) (Grant Review Departments) 1 Budget Event To Do: Enable Budget Check Not Required 0 Budget Event To Do: Enable Budget Check - Financial Budget Not Required 0 Budget Event To Do: Project Budget has been entered and approved Not Required 0 Award Billing Schedule Event Award Billing Schedule Event Awaiting Action Raquel Lewis (20425) (Grant Accountant - Intersection) 1 View Event: Award:AWD00328: FY2023 MEDC Enhancement Grant 10/01/2022 for $250,000.00 09:38 AM 04/04/2023 Page 11 of 11 Remaining Process Click on the button below to review remaining process details.