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HomeMy WebLinkAboutResolutions - 2023.05.11 - 38203 AGENDA ITEM: License Agreement and Consent to Work with the City of Hazel Park for the Green Acres Park Project DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Thursday, May 11, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2851 _ 23-86 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Contract Gary McGillivray INTRODUCTION AND BACKGROUND The Board of Commissioners approved the Healthy Communities Park and Outdoor Recreation Infrastructure Investment Plan recommended by the Parks and Commission last fall. Under the provisions of the plan, funding was set aside to assist several local communities with priority park investment projects. Our staff worked with the leadership of the City of Hazel Park to select a project to utilize these funds to enhance recreational opportunities for local residents – construction of a new universally accessible play structure and other improvements at Green Acres Park. Hazel Park has requested that Oakland County Parks provide additional administrative, engineering and planning assistance to manage the completion of this project. Oakland County Parks will act as fiduciary and project manager on behalf of the City and ensure compliance with the requirements of the American Rescue Plan Act. The City will retain ownership and management responsibilities for the park and the upgraded facilities. Corporation Counsel has prepared the attached intergovernmental agreement to provide the legal framework and authorization for Oakland County Parks and Recreation to perform these duties on behalf of the City and move forward with the project. Action of the Board of Commissioners is also needed to authorize the expenditure of appropriated Rescue Plan Act funds for community projects incorporated in the Healthy Communities Plan. POLICY ANALYSIS The Board of Commissioners approved the Healthy Communities Park and Outdoor Recreation Investment Plan (ARPA) on October 20, 2022 through MR #22-338. Included in the Plan was the Green Acres Park Project in Hazel Park with a not-to-exceed budget of $400,000. Hazel Park was identified as a moderate AMI community. The purpose of the Green Acres Park Project is to install a universally accessible, ADA-compliant playground and develop standards and wayfinding for pocket parks throughout the city. The scope of work for this project includes public engagement and development of a mini-park plan for parks under 5 acres, removal of existing playground equipment, site preparation, and installation of the new playground. Work will be performed by Oakland County Parks and Recreation. The term of the agreement begins May 1, 2023 and ends on December 31, 2024 or on the date the playground is transferred to Hazel Park via a bill of sale, whichever date is first. The bill of sale will be for $1.00. Upon execution of the bill of sale, the new playground shall be maintained, operated, and repaired by Hazel Park for a minimum of 15 years. BUDGET AMENDMENT REQUIRED: No 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 Chris Ward, Director Parks & Recreation ITEM REVIEW TRACKING Gary McGillivray, Board of Commissioners Created/Initiated - 5/16/2023 David Woodward, Board of Commissioners Approved - 5/16/2023 David Coulter, Executive's Office Approved - 5/16/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 5/17/2023 AGENDA DEADLINE: 05/11/2023 6:00 PM ATTACHMENTS 1. Hazel Park License Agreement 2. Hazel Park License Exhibit A COMMITTEE TRACKING 2023-05-02 Legislative Affairs & Government Operations - Recommend to Board 2023-05-11 Full Board - Adopted Motioned by: Commissioner Gary McGillivray Seconded by: Commissioner Charles Cavell Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary McGillivray, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (18) No: None (0) Abstain: None (0) Absent: Marcia Gershenson (1) Passed May 11, 2023 RESOLUTION #2023-2851 _ 23-86 Sponsored By: Gary McGillivray Parks & Recreation - License Agreement and Consent to Work with the City of Hazel Park for the Green Acres Park Project Chair and Members of the Board: WHEREAS a License Agreement and Consent to Work with the City of Hazel Park is needed to complete the project authorized by the Oakland County Board of Commissioners within the Healthy Communities Parks and Outdoor Recreation Investment Plan to construct a new universally accessible playground and site improvements at Green Acres Park as outlined in Exhibit A of the attached agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the License Agreement and Consent to Work between the Oakland County Parks and Recreation Commission, Oakland County, and the City of Hazel Park. BE IT FURTHER RESOLVED that the Chair of the Oakland County Board of Commissioners is hereby authorized to sign the License Agreement and Consent to Work and any other documents needed to complete the project at Green Acres Park. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize the Oakland County Parks and Recreation Commission to proceed with completing the project with a not- to-exceed budget of $400,000 as outlined in the Healthy Communities Parks and Outdoor Recreation Investment Plan (M.R. #22338). BE IT FURTHER RESOLVED a budget amendment is not required. Chair, the following Commissioners are sponsoring the foregoing Resolution: Gary McGillivray. Date: May 16, 2023 David Woodward, Commissioner Date: May 16, 2023 David Coulter, Oakland County Executive Date: May 17, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-05-02 Legislative Affairs & Government Operations - Recommend to Board 2023-05-11 Full Board - Adopted Motioned by Commissioner Gary McGillivray seconded by Commissioner Charles Cavell to adopt the attached Contract: License Agreement and Consent to Work with the City of Hazel Park for the Green Acres Park Project. Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary McGillivray, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (18) No: None (0) Abstain: None (0) Absent: Marcia Gershenson (1) Passed ATTACHMENTS 1. Hazel Park License Agreement 2. Hazel Park License Exhibit A STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 11, 2023, 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 Circuit Court at Pontiac, Michigan on Thursday, May 11, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds Page 1 of 6 LICENSE AGREEMENT AND CONSENT TO WORK Healthy Communities Park and Outdoor Recreation Investment Plan Green Acres Park Project - License Agreement and Consent to Work This Agreement is made between the County of Oakland, 1200 North Telegraph Road, Pontiac, MI 48341, the Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, MI 48328 (hereinafter and collectively “OCPRC”) and City of Hazel Park, 111 East Nine Mile Road, Hazel Park, MI 48030 (“hereinafter “Public Body”). OCPRC and Public Body may be referred to individually as “Party” and jointly as “Parties.” Introduction A. On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA”) was signed into law. Section 9901 of ARPA amended Title VI of the Social Security Act to add Section 603, establishing the Coronavirus Local Fiscal Recovery Fund (“LFRF”). Oakland County was allocated $244,270,949.00 in LFRF monies. B. The COVID-19 Pandemic and resulting mitigation measures highlighted the essential role that parks, trails, and natural spaces play in supporting mental and physical health. C. The United States Department of Treasury issued the Final Rule on April 1, 2022 and other guidance for qualified uses of LFRF monies. Those qualified uses include park improvements that serve residents and communities that were disproportionately impacted by the negative effects of the COVID-19 Pandemic. Oakland County has determined that the monies used to perform this Agreement fall within the “revenue loss” eligible use category (Expenditure Category 6.1) under ARPA. D. The revenue loss eligible use category provides recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue due to the pandemic. E. Accordingly, the Oakland County Board of Commissioners appropriated 15 million dollars of LFRF monies, in Miscellaneous Resolution #22-338, to fund and support the Healthy Communities Park and Outdoor Recreation Investment Plan (“Plan”) created by OCPRC. F. The Plan is a comprehensive approach, using LFRF monies, to fund park improvements in areas most disproportionally impacted by the COVID 19 pandemic. G. Part of the Plan includes a one-time park improvement for the Public Body. In consideration of the mutual promises, obligations, representations, and assurance in this Agreement, the Parties agree to the following: 1.Use of Property. 1.1.Property. The real property that may be accessed and used is described and depicted in Exhibit A (hereinafter “Property”). Exhibit A is incorporated into this Agreement. Page 2 of 6 LICENSE AGREEMENT AND CONSENT TO WORK 1.2.License/Access. OCPRC, including its officials, employees, volunteers, agents, and contractors (individually and collectively) are granted a license to access the Property and perform the work described in Exhibit A. The work described in Exhibit A is hereinafter referred to as “Work.” 1.3.Fee. There shall be no fee charged by Public Body for access to and use of the Property. 2.Term of Agreement. The Term of this Agreement is set forth in Exhibit A. 3.Condition of Property. During this Agreement, OCRPC shall keep the Property in in a clean and safe condition and free of trash. Except for normal wear and tear and the Work performed, OCPRC’s use of the Property shall not cause damage or waste to the Property. 4.Condition of Property upon end of Agreement. Except for normal wear and tear and the Work performed, at the expiration or termination of this Agreement, OCRPC shall leave the Property in a similar condition that OCPRC found it. 5.Compliance with Law & Permits/Licenses. 5.1.Compliance with Law. Public Body and its officials, employees, volunteers, agents, and contractors and OCPRC and its officials, employees, volunteers, agents, and contractors, shall comply with all applicable federal, state, and local laws, regulations, rules, ordinances, and the provisions of this Agreement. 5.2.Discrimination. Public Body and its officials, employees, volunteers, agents, and contractors and OCPRC and its officials, employees, volunteers, agents, and contractors, shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person's ability to perform the duties of a particular job or position, in accordance with applicable federal and state laws. 5.3.ARPA and LFRF Monies. The Parties acknowledge that the monies used by OCPRC to perform this Agreement have been appropriated and designated from Oakland County LFRF monies and that the monies used to perform this Agreement fall within the “revenue loss” eligible use category (Expenditure Category 6.1) under ARPA. 5.4.State & Federal Licenses/Permits/Approvals. Notwithstanding any other provision to the contrary, OCPRC is responsible for and shall obtain, at its sole expense, all state and federal licenses, permits, and other governmental approvals that are necessary for the Work on or around the Property. When requested by OCPRC, Public Body shall assist in the process of obtaining such licenses, permits, and other governmental approvals. Any costs incurred by Public Body in assisting OCPRC, under this subsection, shall be paid by OCPRC. Page 3 of 6 LICENSE AGREEMENT AND CONSENT TO WORK 5.5.Local Licenses/Permits/Approvals. Notwithstanding any other provision to the contrary, Public Body shall be responsible for and shall obtain, at its sole expense, all local licenses, permits, and other governmental approvals that are necessary for the Work on or around the Property. When requested by Public Body, OCPRC shall assist in the process of obtaining such licenses, permits, and other governmental approvals. Any costs incurred by OCPRC in assisting Public Body, under this subsection, shall be paid by Public Body. 6.Alterations, Additions, Changes to Property. Except for the Work performed pursuant to Exhibit A, OCPRC shall not make any alterations, additions, or changes to the Property, without the prior written approval of Public Body. 7.Property AS IS. OCPRC ACCEPTS THE PROPERTY “AS IS.” OCPRC ACKNOWLEDGES THAT IT HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND EITHER INSPECTED THE PROPERTY OR CHOSE NOT TO INSPECT THE PROPERTY. 8.OCPRC Responsibilities. 8.1.Performance of Work. OCPRC or its officials, employees, volunteers, agents, and contractors shall perform the Work at no cost to Public Body. 8.2.Work Notice. OCPRC shall provide Public Body 24 hour written notice before commencement of the Work. 8.3.Completion of Work. Upon completion of the Work, OCPRC shall transfer the finished product/equipment resulting from the Work (“Resulting Product”) and all available warranties associated therewith to the Public Body via a bill of sale, prepared by OCPRC, for one dollar ($1.00). 9.Public Body Responsibilities/Representations. 9.1.Property Ownership/Rights. Public Body represents and warrants the following to OCPRC: 9.1.1. Public Body owns the Property; 9.1.2. Public Body has the right to enter into this Agreement; and 9.1.3. OCRPC’s entry and Work on the Property will not violate any other agreement or restrictions to which Public Body or the Property is subject to. 9.2.Request and Consent to Work. Public Body acknowledges that it requests the Work and consents to OCPRC or its officials, employees, volunteers, agents, and contractors performing the Work. 9.3.Assumption of Risks. Public Body assumes the risks associated with the Work performed by OCPRC and its officials, employees, volunteers, agents, and contractors. Page 4 of 6 LICENSE AGREEMENT AND CONSENT TO WORK 9.4.Maintenance and Repair of Resulting Product. Upon the execution of the bill of sale for the Resulting Product, Public Body, at its sole cost, shall maintain, operate and repair the Resulting Product fifteen (15) years. 9.5.Transfer of Ownership/Disposal of Resulting Product. Public Body shall not transfer ownership of or dispose of the Resulting Product fifteen (15) years, without OCRPC prior approval, except for disposal of the Resulting Product that has been destroyed or damaged, so as not to be safe for its intended use. 10.Liability/Assurances. 10.1.Waiver/Release. Public Body waives, releases, discharges, and covenants not to sue OCPRC and its officials, employees, volunteers, agents, and contractors for liability, damages, injuries, claims, or demands arising out of or in any way connected to the performance of this Agreement. 10.2.Hazardous Material/Waste. Except for the materials used in the Work, OCPRC and its officials, employees, volunteers, agents, and contractors shall not cause or allow any person or entity to discharge any hazardous material, waste, or debris on or around any the Property. 10.3.Reservation of Rights/Limitation of Liability. In no event shall OCPRC be liable for any consequential, incidental, indirect, special, and punitive or other damages arising out of this Agreement. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty, or immunity of either Party or their officials, employees, or volunteers. 11. Survival. Sections 9 and 10 and the duties, obligations, warranties, and representations contained herein shall survive the expiration or termination of this Agreement. 12.Termination 12.1.Termination for Failure to Obtain Licenses/Permits/Approvals. If either Party fails to obtain the required licenses, permits and other governmental approvals required to perform the Work, then either Party may terminate this Agreement upon fourteen (14) calendar days written notice to the other Party. If this Agreement is terminated pursuant to this Section, OCPRC’s obligation to perform the Work shall cease. 12.2.Termination for Default. Either Party may terminate or cancel this Agreement, in whole or part, upon sixty (60) calendar days’ notice to the other Party, if the Party materially breaches or defaults any duty or obligation contained herein and within such notice period has failed or has not reasonably attempted to cure the breach or default. The effective date of termination and the specific alleged breach/default shall be clearly stated in the notice. 13.No Interest in Property. OCPRC, by virtue of this Agreement, shall not have any title to or interest in the Property or any portion thereof. OCPRC has not, does not, and will not Page 5 of 6 LICENSE AGREEMENT AND CONSENT TO WORK claim any such title, interest, or any easement over the Property. This Agreement and/or any related affidavit or instrument shall not be recorded with the Oakland County Register of Deeds. 14.Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. 15.Waiver. Waiver of any term or condition under this Agreement must be in writing. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 16.Cumulative Remedies. A Party’s exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 17.Amendments. This Agreement cannot be modified unless reduced to writing and signed by both Parties. 18.Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms or conditions shall remain in full force and effect. 19.Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 20.Counterparts. This Agreement may be executed in one or more counterparts, including facsimile or electronic copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 21.Entire Agreement. This Agreement sets forth all covenants, promises, agreements, conditions, and understandings between the Parties concerning the use of the Property. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the Parties other than are herein set forth. 22.Authorization. The Parties represent that the below signatories have the authority to execute and bind them to this Agreement. Page 6 of 6 LICENSE AGREEMENT AND CONSENT TO WORK APPROVED AND AUTHORIZED BY THE CITY OF HAZEL PARK: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY THE OAKLAND COUNTY BOARD OF COMMISSIONERS: NAME: TITLE: DATE: SIGNATURE EXHIBIT A 1.Property Description: Green Acres City Park located north of Woodward Heights and east of Lennox Street in the City of Hazel Park (“hereinafter “Park”) a.Address: 111 East Nine Mile Road, Hazel Park, MI 48030 b.PIN: 25-26-251-003 2.Work Description: a.Description of “Work”: OCPRC shall provide Park planning support, including public engagement and development of a min-park plan for parks under 5 acres that are owned by the Public Body within the City of Hazel Park. OCPRC shall perform the following at the Park: (1) removal of existing play equipment, (2) site preparation, and (3) installation of new play equipment, access routes associated with the new play equipment, and other amenities at the Park agreed to by the Parties. The value of materials and contracted work will not exceed four hundred thousand dollars ($400,000.00). b.Description of “Resulting Product/Equipment” to be Transferred to Public Body: ADA-compliant playground with associated access routes, amenities, and manufacturer’s warranty for play equipment. Mini-park plan for parks under 5 acres that are owned by the Public Body within the City of Hazel Park. 3.Term: The Agreement shall commence on May 1, 2023, and shall end on December 31, 2024 or on the date the Resulting Product/Equipment is transferred to the Public Body via a bill of sale, whichever date is first.