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HomeMy WebLinkAboutInterlocal Agreements - 2023.05.25 - 38283 AGENDA ITEM: Interlocal Partnership Agreement with the City of Pontiac for Hawthorne Park DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Thursday, May 25, 2023 7:28 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2919 _ 23-90 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Interlocal Agreement Gary McGillivray INTRODUCTION AND BACKGROUND Last October, the Board of Commissioners and the Parks and Recreation Commission (OCPRC) approved the Healthy Communities Park and Outdoor Recreation Investment Plan (“Plan”) dedicating American Rescue Plan Act Local Fiscal Recovery Funds (LFRF) and OCPRC funds to support park improvement projects located in areas most disproportionally impacted by the COVID 19 pandemic. These funds will be leveraged with long-term operational agreements/leases with local governments authorizing the transition of management of several existing municipal parks to OCPRC. The City of Pontiac and the County executed a letter of intent expressing a desire to negotiate a mutually acceptable agreement for the operation, management, planning, and maintenance of approximately 77.33 acres of real property currently known as Hawthorne Park. An interlocal agreement outlining the legal framework, terms, conditions, and responsibilities of each party for the management of the park (renamed “Pontiac Oaks”) has been negotiated and is ready for review by the Parks Commission, City Council, and Board of Commissioners. The Parks and Recreation Commission reviewed and approved the agreement on Wednesday, May 3rd. The Pontiac City Council is expected to consider approval in mid-May. An expedited review by the Board of Commissioners is requested to facilitate the ambitious transition schedule outlined in the agreement. TERM AND TRANSITION PERIOD The initial term of the agreement is set for 20 years and shall be renewed for an additional 20 years unless either party provides notification at least 180 days prior to its expiration. The agreement provides conditions for either party to terminate at any time for cause. The agreement shall be effective upon its approval and execution by all parties and the formal transition of management duties will occur on October 1, 2023 (the County’s fiscal year). The agreement provides for a collaborative process between the City and OCPRC during the intervening transition period to address high-priority facility conditions and plan for future operations. At the City’s request, OCPRC shall be responsible for grass cutting on July 1. An environmental assessment and other due diligence steps are also outlined in the agreement. PARK OPERATIONS OCPRC shall prepare a Park Operations and Maintenance Plan which shall be submitted to the City for their comments. Maintenance and park administration will be managed jointly with Waterford Oaks County Park. The park will be managed jointly with the operating budget and staff for Waterford Oaks County Park. OCPRC will provide law enforcement services through our contract with the Sheriff’s Office except for routine patrol and emergency response incidents (which will be covered by the City’s contract with the Sheriff). OCPRC rules shall be effective on the park premises. PLANNING AND CAPITAL IMPROVEMENTS The agreement provides for OCPRC to develop a Park Action Plan and Capital Improvements Plan for Pontiac Oaks which will be reviewed by the City prior to implementation. OCPRC will conduct a minimum of two public forums for City residents in the development of the Park Action Plan. The agreement may be terminated if the parties fail to reach an agreement on the Park Action Plan/CIP by November 30, 2023. $1.8 million ($1.3 million from LFRF and $500,000 from OCPRC) was budgeted within the Healthy Communities Plan for initial capital improvement projects to address high-priority infrastructure and facility needs at the park. The agreement provides for a $1.5 million minimum expenditure of these funds for initial projects (allowing for adjustments to park project budgets). If the City chooses not to renew the agreement beyond the initial 20-year term, it will be obligated to reimburse OCPRC for the non-depreciated value of the improvements paid for with (non-ARPA) OCPRC funds. PARK EXPANSION The City of Pontiac School District owns an undeveloped adjacent 18.96-acre parcel accessible at the entrance to Hawthorne Park. Under the terms of the agreement, OCPRC and the City will work collaboratively towards the objective of future acquisition of the property for recreational use. The agreement has been prepared and reviewed by Corporation Counsel. Guidehouse has also reviewed the planned expenditures for compliance with ARPA regulations. 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 Hawthorne Park project with the City of Pontiac with a not-to-exceed budget of $1.3 million in ARPA funds as well as an additional $500,000 in funding from Oakland County Parks and Recreation Commission (OCPRC) for a total of $1.8 million going towards the project. The Park is approximately 77.33 acres of real property currently known as Hawthorne Park located in Pontiac. The term of the agreement will be for 20 years with an automatic 20-year renewal. During the term of the agreement, the park shall be designated an OCPRC Park called “Pontiac Oaks.” Upon execution, a transition period will begin, ending on September 20, 2023 or when the Park Action Plan is approved (whichever occurs last). The Park Action Plan shall be created pursuant to OCPRC’s current policies and procedures, but shall include provisions related to Hawthorne Park contained in the 2021-2025 Pontiac Parks and Recreation Master Plan. Additional Plans (i.e. Park Operations and Management Plan and Park Capital Improvement Plan) shall be created when deemed necessary. While Pontiac will retain ownership of the land, the County shall not pay a monetary fee for the use/lease of the Premises. The County shall make an initial investment of not less than $1,500,000 for Park operations, management, planning, maintenance, and improvements. All Capital Improvement Projects shall become an integral part of the Premises and shall be owned by the City. During the term, OCPRC shall be responsible to provide and perform (either directly or through third parties) maintenance and repairs for the Park. OCPRC shall establish all Park Fees and Charges at the Park. The Park Fees and Charges shall be created, adopted, and implemented pursuant to OCPRC’s current policies and procedures. Notwithstanding any other provision in this Agreement, at no time shall City Residents and Oakland County Residents be charged a fee for entry into the Park or the Premises or for parking at the Park or on the Premises. All Park Revenue shall be paid to OCPRC. The City may use the Park for City-sponsored community-wide events or programs at no cost, charge, or fee, if such use does not conflict with scheduled events or programs. 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 Melissa Prowse, Manager - Parks & Recreation Planning & Development James Dunleavy ITEM REVIEW TRACKING Gary McGillivray, Board of Commissioners Created/Initiated - 5/30/2023 David Woodward, Board of Commissioners Approved - 5/30/2023 David Coulter, Executive's Office Approved - 5/30/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 5/30/2023 AGENDA DEADLINE: 06/04/2023 7:28 PM ATTACHMENTS 1. (Final Version) City of Pontiac --Interlocal Agreement (Operation of Hawthorne Park) 2. Hawthorne Park-Pontiac Boundary Survey_05-15-2023 Exhibit A COMMITTEE TRACKING 2023-05-16 Legislative Affairs & Government Operations - Recommend to Board 2023-05-25 Full Board - Adopted Motioned by: Commissioner Yolanda Smith Charles Seconded by: Commissioner Christine Long Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (15) No: None (0) Abstain: None (0) Absent: Charles Cavell, Gary McGillivray, Janet Jackson, Michael Gingell (4) Passed May 25, 2023 RESOLUTION #2023-2919 _ 23-90 Sponsored By: Gary McGillivray Parks & Recreation - Interlocal Partnership Agreement with the City of Pontiac for Hawthorne Park Chair and Members of the Board: WHEREAS an interlocal agreement with the City of Pontiac is necessary to transition the management of property currently known as Hawthorne Park to the Oakland County Parks and Recreation Commission and to complete the park improvement projects authorized within the Healthy Communities Parks and Outdoor Recreation Investment Plan approved by the Board of Commissioners on October 22, 2022; and WHEREAS under the terms of the agreement, Oakland County Parks and the City of Pontiac will enter into a partnership guiding the management, operation, maintenance, and improvement of the park, which will be re-named “Pontiac Oaks”. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Interlocal Partnership Agreement for Hawthorne Park with the City of Pontiac and authorizes the Chair of the Board of Commissioners to execute the agreement on behalf of Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Oakland County Parks and Recreation Commission to expend American Rescue Plan Act Local Fiscal Recovery Funds appropriated in the Healthy Communities Parks and Outdoor Recreation Investment Plan (M.R. #22338) to complete capital improvement projects within the park. BE IT FURTHER RESOLVED a budget amendment is not required. Chair, the following Commissioners are sponsoring the foregoing Resolution: Gary McGillivray. Date: May 30, 2023 David Woodward, Commissioner Date: May 30, 2023 David Coulter, Oakland County Executive Date: May 30, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-05-16 Legislative Affairs & Government Operations - Recommend to Board 2023-05-25 Full Board - Adopted Motioned by Commissioner Yolanda Smith Charles seconded by Commissioner Christine Long to adopt the attached Interlocal Agreement: Interlocal Partnership Agreement with the City of Pontiac for Hawthorne Park . Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (15) No: None (0) Abstain: None (0) Absent: Charles Cavell, Gary McGillivray, Janet Jackson, Michael Gingell (4) Passed ATTACHMENTS 1. (Final Version) City of Pontiac --Interlocal Agreement (Operation of Hawthorne Park) 2. Hawthorne Park-Pontiac Boundary Survey_05-15-2023 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 25, 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 25, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds Page 1 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) INTERLOCAL PARTNERSHIP AGREEMENT FOR HAWTHORNE PARK BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC This Agreement (the "Agreement") is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), by, through, and administered by its statutory agent the Oakland County Parks and Recreation Commission (“OCPRC”) and the City of Pontiac, 47450 Woodward Avenue, Pontiac, Michigan 48342 (“City”). County and the City may also be referred to jointly as "Parties". INTRODUCTION AND PURPOSE OF AGREEMENT. A. OCPRC created the Healthy Communities Park and Outdoor Recreation Investment Plan (“Plan”) that is a comprehensive approach, using the Coronavirus Local Fiscal Recovery Fund and OCPRC monies, to fund park improvements in areas most disproportionally impacted by the COVID 19 pandemic. These funds were leveraged by commitments from local governments with long term operational agreements/leases to facilitate the expansion of the OCPRC Park System to incorporate additional parks, including a park in the City. B. On September 7, 2022, the City and the County executed a letter of intent expressing a desire to negotiate a mutually acceptable agreement for the operation, management, planning, and maintenance of approximately 77.33 acres of real property currently known as Hawthorne Park located in Pontiac, Michigan. C. In October 2022, the Oakland County Board of Commissioners appropriated 15 million dollars of Coronavirus Local Fiscal Recovery Fund monies, in Miscellaneous Resolution #22-338, to fund and support the Plan. D. To effectuate the Plan and the use of Coronavirus Local Fiscal Recovery Fund and OCPRC monies, the County and the City now enter into this Agreement, pursuant to Michigan law, for the purpose of delineating the duties and responsibilities between the Parties with respect to operation, management, planning, and maintenance of approximately 77.33 acres of real property currently known as Hawthorne Park located in Pontiac, Michigan. The Parties agree to the following terms and conditions: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, 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, addendum, or exhibit approved in accordance with Section 2. 1.2. Capital Improvement Project means a project that: (1) costs thirty thousand dollars ($30,000.00) or more and (2) extends the life cycle of an existing facility or asset; replaces, renovates, or remodels an existing facility or asset; or adds a new facility or asset. 1.3. City means the City of Pontiac, its Council, departments, divisions, elected and appointed officials, board members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons’ successors. 1.4. City Employee means any City employee, officer, manager, volunteer, attorney, contractor, subcontractor, and/or any such person’s successors or predecessors (whether Page 2 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) such persons act or acted in their personal, representative, or official capacities). "City Employee" shall also include any person who was a City Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.5. Claims means any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against a Party, or for which a party may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law. 1.6. 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. 1.7. County Employee means any County employee, officer, manager, volunteer, attorney, contractor, subcontractor, and/or any such person’s successors or predecessors (whether such persons act or acted in their personal, representative, or official capacities). "County Employee" shall also include any person who was a County Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.8. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.9. Effective Date. The date all Parties sign the Agreement. 1.10. Exhibits means the following documents, which this Agreement includes and incorporates: 1.10.1. Exhibit A: describes and depicts the Premises. 1.11. OCPRC means the Oakland County Parks and Recreation Commission, as established by resolution of the Oakland County Board of Commissioners pursuant to Public Act 261 of 1965, MCL 46.351, et seq. 1.12. Park means the park operated and managed by OCPRC on the Premises. 1.13. Park Fees and Charges means the following fees and charges: (1) equipment/facility rental fees, (2) event program fees, (3) sponsorship of events/programs by third parties, and (4) and all other fees and charges charged and collected by OCPRC associated with the use of the Park. 1.14. Park Revenue means the monies generated from the Park Fees and Charges received by OCPRC and grants, gifts, and donations received by OCPRC or by the City for the Park. 1.15. Premises means the real property that is described and depicted in Exhibit A. 1.16. Transition Period means a period of time commencing on the Effective Date and ending on September 30, 2023 or the date the City Council and the date the City Representative approves the Park Action Plan (as described in Section 4.7), whichever occurs last. 2. AGREEMENT TERM/PROPERTY DESCRIPTION & TERMINATION. Page 3 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) 2.1. Agreement Term. This Agreement shall commence on the Effective Date and end twenty (20) years from the Effective Date (“Initial Term”). On the date the Initial Term ends, this Agreement shall automatically renew, without action of either Party, for twenty (20) years (“Renewal Term”). However, if either Party provides written notice to the other Party, at least one hundred eighty (180) days before the end of the Initial Term, of its desire that the Agreement not renew, then the Agreement shall end on the last day of the Initial Term. The non-renewal of this Agreement pursuant to this Section shall not be deemed a termination of this Agreement under Section 2.7. The terms and conditions contained in this Agreement shall not change during the Renewal Term. The approval and terms of this Agreement and any amendments 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. 2.2. Agreement Amendments. All amendments or modifications to this Agreement shall be in writing and approved and filed as set forth in Section 2.1. 2.3. Property Subject to Agreement. The City grants the County use of the Premises for the purposes and according to the terms and conditions set forth herein. 2.4. Use of Premises. On the date the Transition Period ends, OCPRC shall have care, control, and use of the Premises to operate, manage, plan, maintain, and improve the Premises for public recreation activities, as further described and delineated herein, and to provide other recreation activities mutually agreed upon by the Parties. OCRPC shall obtain the City’s prior consent, in writing, to use the Premises for any purpose not described herein, such consent shall be given by the City’s Representative. 2.5. Fee for Use of Premises. The County shall not pay a monetary fee for the use of the Premises. The Parties acknowledge that the services provided by the County during this Agreement are adequate consideration for this Agreement. 2.6. Designation of Park & Name of Park. During this Agreement, the Premises shall be designated an OCPRC Park with the following name: “Pontiac Oaks.” 2.7. Termination/Expiration. 2.7.1. Termination by the City. The City may terminate this Agreement, at any time, if OCPRC is notified in writing at least one hundred eighty (180) days prior to the effective date of termination and any one of the following occur: (1) the Premises are no longer being used for the purposes identified in this Agreement; (2) OCPRC provided the City with information at any time during this Agreement that was false or fraudulent; or (3) OCPRC materially fails to perform any of its obligations under this Agreement, and such failure is not cured within ninety (90) calendar days after written notice of default to OCPRC. 2.7.1.1. Termination by the City in Absence of Default/Breach. If the City terminates this Agreement, in absence of default or breach by OCPRC, then the City shall reimburse OCPRC the amount of the non-depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC, on the date of the termination notice. 2.7.1.2. Termination by the City for Default/Breach. If the City terminates this Agreement for default or breach by OCPRC, then the City does not have to reimburse OCPRC the non-depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. Page 4 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) 2.7.2. Termination by OCPRC. OCPRC may terminate this, at any time, if the City is notified in writing at least one hundred eighty (180) days prior to the effective date of termination and any one of the following occur: (1) the Premises are no longer being used for the purposes identified in this Agreement; (2) the City provided OCPRC with information, at any time during the Agreement term, that was false or fraudulent; (3) the City materially fails to perform any of its obligations under this Agreement, and such failure is not cured within ninety (90) calendar days after written notice of default to the City. 2.7.2.1. Termination by OCPRC in Absence of Default/Breach. If OCPRC terminates this Agreement in absence of default or breach by the City, then the City does not have to reimburse OCPRC the non-depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. 2.7.2.2. Termination by OCPRC for Default/Breach. If OCPRC terminates this Agreement for default or breach of the City, then the City shall reimburse OCPRC the amount of the non-depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC, on the date of the termination notice. 2.7.3. Disposition of Personal Property Upon Expiration/Termination of Agreement. Upon expiration or termination, for any reason, of this Agreement each Party shall retain ownership of personal property purchased by them, unless the Parties agree in writing otherwise. “Personal property” does not include buildings or fixtures. 2.7.4. Condition of Park Upon Expiration/Termination of Agreement. Upon the expiration or termination of this Agreement, OCPRC shall cease all Park management and operation, surrender the Premises to the City, and cooperatively work with the City to transfer Park management and operation. 2.7.5. Payment for Non-Depreciated Capital Improvement Projects Upon Agreement Expiration. If the Agreement is not renewed at the end of the Initial Term for the Renewal Term, then the City shall reimburse OCPRC the amount of the non-depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC with non-Coronavirus Local Fiscal Recovery Fund monies, on the date the Agreement expires. Upon the expiration of the Renewal Term, the City shall not reimburse OCPRC the amount of the non-depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC. 3. TRANSITION PERIOD. 3.1. Transition Period. This Agreement includes a Transition Period. During the Transition Period, the Parties shall work cooperatively to facilitate the transfer of Park management and operations to OCPRC. 3.2. Park Information. 3.2.1. Grants & Endowments. Within thirty (30) days of the Effective Date, the City shall provide OCPRC copies of all grant agreements, endowment agreements, or other agreements that impose restrictions and conditions upon the Premises and its use. 3.2.2 Agreements between the City and Third Parties. Within thirty (30) days of the Effective Date, the City shall provide OCPRC copies of all third party agreements Page 5 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) relating to the use, management, or operation of the Premises, if any. OCPRC is not under any obligation to assume any third party agreements relating to the management or operation of the Premises. 3.3. Rights and Obligations During the Transition Period. 3.3.1. Park Operation and Maintenance During Transition Period. During the Transition Period, the City shall be responsible to operate and maintain the Park and to pay for all costs associated therewith, except that OCPRC shall assume sole responsibility for cutting the grass, at its sole, expense effective July 1, 2023. 3.3.2. County Right to Access the Premises. During the Transition Period, the County may access the Premises to perform maintenance, restoration, repairs, and improvements to the Premises, mutually agreed to by the Parties in writing. 3.3.3. Premises Inspections. During the Transition Period, the County shall inspect the infrastructure and conditions of the Park, including but not limited to the condition of utilities and their connections, the parking lot, trees, restrooms, playground equipment, trails and pathways, boat launch, and dock. The inspection shall be codified in a document to illustrate the condition of the Premises at the end of the Transition Period. 3.3.4. Park Planning. During the Transition Period, the County shall: (1) assume primary responsibility for Park planning, (2) regularly consult with the City about such planning, and (3) organize at least two (2) community forums in the City during the Transition Period to hear suggestions from City residents. 3.3.5. Park Programming. During the Transition Period, OCPRC may organize and host mutually agreed upon recreation programs, events, volunteer activities, and other activities. 3.4. Environmental Condition. 3.4.1. Environmental Assessments. During the Transition Period, OCPRC shall examine the Premises and perform a Phase I Environmental Site Assessment (ESA), at its sole cost, and additional environmental assessments that OCPRC deems necessary, in its sole discretion and at its sole cost. 3.4.2. Copies of Environmental Assessments. OCPRC will provide the City with a copy of the Phase I ESA and any other environmental assessments. OCRPC shall take possession of the Premises subject to such Phase I ESA and other environmental assessments performed pursuant to this Section. 3.4.3. Termination Related to Environmental Assessments. Notwithstanding any other provision, OCPRC may terminate this Agreement prior to the end of the Transition Period, if OCPRC is not satisfied with the condition of the Premises as evidenced by the Phase I ESA or other environmental assessment performed pursuant to this Section. 4. PARK GOVERANCE & OPERATIONS. 4.1. Agreement Administration. The City Mayor or their successor or their written designee is the City’s Agreement Administrator (hereinafter “the City’s Representative”). The OCPRC Director or their successor or their written designee is Page 6 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) OCPRC’s Agreement Administrator (hereinafter “OCPRC’s Representative”). Each Party must notify the other of their written designees. 4.2. Disputes. All disputes arising under or relating to the interpretation, performance, or nonperformance of this Agreement involving or affecting the Parties shall first be submitted to the City Representative and the OCRPC Representative for possible resolution. If the City Representative and the OCPRC Representative cannot resolve the dispute, then the dispute shall be submitted to the signatories (or their successors) of this Agreement for possible resolution. 4.3. Park Management and Operations. Except as otherwise provided by this Agreement, OCPRC shall manage and operate the Park in a manner consistent with other OCPRC Parks, OCPRC policies, the OCPRC 5-Year Parks and Recreation Master Plan (“OCPRC Master Plan”), and the plans and programs set forth and described herein. The OCPRC Master Plan can be found on the OCPRC website and includes the following core values: (a) Diversity, Equity, and Inclusion, (b) Health and Wellness, (c) Environmental Sustainability and Natural Resource Stewardship, and (d) Fiscal Responsibility and Organizational Excellence. OCPRC shall manage and operate the Park with OCPRC staff, volunteers, and contractors. 4.4. Park Improvement Projects. OCPRC shall be responsible to provide and perform (either directly or through third parties) improvements for the Park. This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. All Capital Improvement Projects shall become an integral part of the Premises and shall be owned by the City. No Capital Improvement Projects shall occur without the prior written approval of the City’s Representative, unless such Capital Improvement Project was included in the CIP. 4.5. Park Maintenance/Repairs. OCPRC shall be responsible to provide and perform (either directly or through third parties) maintenance and repairs for the Park. This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. 4.6. Park Utilities and Services. OCPRC shall be responsible to provide the utilities and services, it deems necessary for the operation of the Park. The provision of and costs for the utilities shall be set forth in the plans and programs set forth and described herein. However, OCPRC shall not authorize or approve any easements or other encumbrances to, on, or across the Park or the Premises. 4.7. Park Action Plan. By November 30, 2023, OCPRC shall create a Park Action Plan. The Park Action Plan shall be created pursuant to OCPRC’s current policies and procedures, but shall include provisions related to Hawthorne Park contained in the 2021-2025 Pontiac Parks and Recreation Master Plan. Once completed, OCPRC shall submit the Park Action Plan to the City Representative for comments and recommendations. The Park Action Plan shall not be approved or implemented by OCPRC without prior written approval by the City Representative and a majority vote of the City’s City Council. The City Representative shall submit its comments and recommendations to the OCPRC Representative within thirty (30) Days of receipt of the Master Plan. OCPRC Representative shall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations. The Park Action Plan shall not be approved or implemented by OCPRC without prior written approval by the City Representative and a majority vote of the City’s City Council. Page 7 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) Notwithstanding any other provision, if the City Council does not approve the Park Action Plan by March 31, 2024, the County may terminate this Agreement. Such termination shall not be deemed a breach or default of the City. Modifications to the Action Plan shall be codified according to the procedure set forth in this Section. 4.8. Park Operations and Management Plan. When OCPRC deems necessary, OCPRC shall create a Park Operations and Management Plan (“POMP”), addressing Park operations and forecasting Park maintenance projects for a five (5) year period. Except as otherwise provided by this Agreement, the POMP shall be created pursuant to OCPRC’s current policies and procedures. Once completed, OCPRC shall submit the POMP to the City Representative for comments and recommendations. The City Representative shall submit its comments and recommendations to the OCPRC Representative within forty-five (45) Days of receipt of the POMP. If the City Representative does not respond within the forty-five (45) day period, then the City Representative is deemed not to have any comments or recommendations. OCPRC shall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations; however, OCPRC is not obligated to incorporate such comments and recommendations into the POMP. After receiving the City Representative’s comments and recommendations or passage of the forty-five (45) day period (whichever is first), OCPRC shall commence to have the POMP adopted and implemented pursuant to its policies and procedures. Modifications to the POMP shall be codified according to the procedure set forth in this Section. 4.9. Park Capital Improvement Plan. When OCPRC deems necessary, OCPRC shall create a Park Capital Improvement Plan (“CIP”) forecasting Capital Improvement Projects for a five (5) year period. The CIP shall be created pursuant to OCPRC’s current policies and procedures and shall be included in OCPRC’s annual CIP. Once completed, OCPRC shall submit the CIP, applicable to the Park, to the City Representative for comments and recommendations. The Park Capital Improvement Plan shall not be approved or implemented by OCPRC without prior written approval by the City Representative. The City Representative shall submit its comments and recommendations to the OCPRC Representative within forty-five (45) Days of receipt of the CIP. OCPRC shall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations; however, OCPRC is not obligated to incorporate such comments and recommendations into the CIP. After receiving the City Representative’s written approval of the CIP, OCPRC shall commence to have the CIP adopted and implemented pursuant to its policies and procedures. Modifications to the CIP shall be codified according to the procedure set forth in this Section. 4.10. Park Access/Parking. OCPRC shall be responsible to determine how Park patrons will access the Park (ingress to and egress from the Park). This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. In no event shall any resident of the City incur any fee or charge for entering the Park or Premises or for parking their car in or on the Park or Premises. 4.11. Endangered Species. OCPRC acknowledges that the Premises or portions thereof may be subject to restrictions or closures, if endangered species are present. 4.12. Park Rules. During this Agreement, the Park and Premises shall be subject to OCPRC Rules and Regulations and OCPRC policies and procedures, except as otherwise Page 8 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) provided by this Agreement. 4.13. Park Security. OCPRC shall work with the Oakland County Sheriff’s Office or other law enforcement to develop a security plan for the Park. Once completed, OCPRC shall submit the security plan to the City Representative for comments and recommendations. The City shall submit its comments and recommendations to the OCPRC Representative within forty-five (45) Days of receipt of the security plan. If the City Representative does not respond within the forty-five (45) day period, then the City Representative is deemed not to have any comments or recommendations. OCPRC shall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations; however, OCPRC is not obligated to incorporate such comments and recommendations into the security plan. Security for the Park or Premises shall be provided by OCPRC solely at the expense of the OCPRC. Any routine, scheduled, or non-emergency services that may be provided to the Park or Premises shall be paid for by OCPRC or the County at their sole expense, and such services shall not be provided by the Oakland County Sheriff’s Office by utilizing personnel contracted for by the City pursuant to its contract(s) with the Oakland County Sheriff’s Office. Nothing in this paragraph should be construed as preventing or prohibiting Oakland County Sheriff’s Office deputies contracted by the City from driving through the Park if they are on a routine patrol. 4.14. Signs. OCPRC shall be responsible for and is permitted to erect signs to identify the Park and features/structures located therein and to erect other signs that are typical and/or necessary at a public park of this nature. OCPRC shall seek the City’s input regarding the design of any new sign at the entrance to the Park. OCPRC shall allow the existing City park sign to remain in its current location and shall allow the City to maintain, repair, or replace the existing city park sign, as needed. 4.15. Volunteers. OCPRC will use volunteers at the Park in various capacities, including existing volunteers and volunteer groups. All volunteers providing volunteer service at the Park shall become part of OCPRC’s volunteer program. 4.16. Future Real Property Acquisition. OCPRC shall use its best efforts to assist the City with the acquisition of approximately 18.96 acres of real property (with the current Tax Identification Number of 14-18-201-011) abutting the Park. These efforts may include assistance with grant applications, funding assistance, and other services related to the acquisition of real property. If acquired, such real property shall be owned by the City, but shall be added to and included in this Agreement by way of an Agreement Amendment. 4.17. Sponsorship of Events/Programs at Park by Third Parties. Without approval from the City, OCPRC may solicit or accept sponsorship of events/programs at the Park by third- parties, pursuant to OCPRC’s policies and procedures. 4.18. Use of Park by Third Parties. Notwithstanding any other provision in this Agreement, OCRPC may license use of the Park to third parties for events or programs, without approval from and notification to the City. OCPRC shall allow such use via written agreement with the third party, pursuant to OCPRC’s policies and procedures and shall make its best efforts to notify the City of such events and programs in writing. To avoid scheduling conflicts at the Park, all third parties desiring to use the Park for events or programs shall schedule such use through OCPRC. 4.19. Use of Park by the City. The City may use the Park for City-sponsored community- wide events or programs at no cost, charge, or fee, if such use does not conflict with Page 9 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) scheduled events or programs. To avoid scheduling conflicts at the Park, the City shall reserve use of the Park for its events or programs, through OCPRC. The City shall be responsible for all costs associated with the setup, operation, and cleanup of such events or programs. 5. PARK FINANCES. 5.1. Initial OCPRC Investment. The County shall make an initial investment of, not less than one million five hundred thousand dollars ($1,500,000.00), for Park operations, management, planning, maintenance, and improvements (“Initial Park Investment”). 5.2. Establishment of Park Fees & Charges. OCPRC shall establish all Park Fees and Charges at the Park. The Park Fees and Charges shall be created, adopted, and implemented pursuant to OCPRC’s current policies and procedures. Notwithstanding any other provision in this Agreement, at no time shall City Residents and Oakland County Residents be charged a fee for entry into the Park or the Premises or for parking at the Park or on the Premises. 5.3. Park Revenue. Subject to applicable law, all Park Revenue shall be paid to OCPRC and shall be deemed OCPRC’s. OCPRC shall record the monies of all Park Revenue according to generally accepted accounting principles and in a manner similar to how OCPRC records other revenue it collects and receives. 5.4. Annual Accounting and Audits. OCPRC shall provide the City with an annual accounting of Park Revenue consistent with OCPRC’s policies and procedures. The City has the right to annually review and audit OCPRC’s records related to Park Revenue. 5.5. Park Grants. The Parties shall use their best efforts to work together to secure grant funding for Park expansion, development, improvements, operation, and maintenance. OCPRC shall be responsible for applying for and managing grants related to the Park. 6. ASSURANCES/LIABILITY/INSURANCE. 6.1. Title to Premises. The City warrants that it has fee simple title to the Premises and the authority to enter into this Agreement. The City, at its sole expense, shall defend (including payment of attorney fees) OCPRC against any Claim challenging the City’s right to execute this Agreement or OCPRC’s use of the Premises as set forth herein. 6.2. Liability for Claims. Except as otherwise provided herein, each Party shall be responsible for any Claims made against that Party by a third-party and for the acts or omissions of its employees, volunteers, officers, or officials arising under or related to this Agreement. 6.3. Liability for Claims Prior to the Agreement Effective Date. The City shall be solely responsible for and shall defend (including payment of attorney fees) OCPRC against, at the City’s sole expense, any Claim that occurred prior to the Effective Date or that was incurred but not reported prior to the Effective Date. 6.4. Liability for Environmental Matters. Notwithstanding any other provision, OCRPC shall not be responsible to perform or pay for remediation or clean-up of any environmental contamination on or around the Premises, which existed on the Premises prior to the Effective Date and/or discovered by the Phase I ESA or any other environmental assessments performed pursuant to this Section 3. 6.5. Legal Representation. Except as provided herein, each Party shall seek its own legal representation and bear the costs associated with such representation, including judgments Page 10 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) and attorney fees, for any Claim that may arise from the performance of this Agreement. 6.6. Responsibility for Costs/Fines/Fees. Each Party shall be solely responsible for all costs, fines and fees associated with any acts or omissions by its employees, volunteers, officers, or officials arising under or related to this Agreement. 6.7. No Indemnification/Reimbursement. Except as otherwise provided for in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be indemnified or reimbursed by the other Party or any of its agents in connection with any Claim. 6.8. Governmental Function/Reservation of Rights. Performance of this Agreement is a governmental function and government service. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 6.9. Limitation of Liability. In no event shall either Party be liable to the other Party or any other person, for any consequential, incidental, direct, indirect, special, and punitive or other damages arising out of this Agreement. 6.10. Insurance. 6.10.1. Except for the insurance set forth in Section 6.10.2 and Section 6.10.3, this Agreement does not require either Party to obtain insurance to cover loss exposures associated with this Agreement and the Park. Each Party is solely responsible to determine whether it will obtain insurance, and in what amounts, to cover loss exposures associated with this Agreement and the Park. 6.10.2. If the City purchases a special event insurance policy for use the Premises, for whatever reason, then the City shall name the County and its boards, commissions, elected and appointed officers/officials, employees, and volunteers as “additional insureds” on such policy. 6.10.3. The City, at its sole cost, shall obtain real property insurance for existing buildings and structures located on the Premises and for any future buildings and structures located on the Premises whether built by the City or OCPRC. If a building or structure that is covered by the City’s real property insurance is damaged or destroyed, OCPRC shall repair or replace the building or structure and the City shall reimburse OCPRC for all costs associated with the repair or replacement of such building or structure. OCPRC shall invoice the City for the costs of the repair or replacement and the City shall paid such invoice within thirty (30) calendar Days. 6.11. Waste. OCPRC shall not commit or allow to be committed any waste or nuisance on the Premises and will not use, or allow the Premises to be used, for any unlawful purpose. 6.12. Compliance with Laws. 6.12.1. OCPRC shall comply with all applicable federal, state, or local laws, regulations, rules, and ordinances related to the operation, management, planning, maintenance, and improvement of the Premises and Park. OCPRC shall obtain any necessary permits regarding its use of the Premises. 6.12.2. OCPRC acknowledges that any violations of the federal, state, or local regulations Page 11 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) or convictions of any resource violations may be considered a default by OCPRC and the City may terminate this Agreement, as provided herein. 6.12.3. The Parties acknowledge that the Initial Park Investment are monies from the Coronavirus Local Fiscal Recovery Fund allocated to the County pursuant to the American Rescue Plan Act of 2021. The County has determined that the work to be performed with the Initial Park Investment are government services that fit into the loss revenue eligible use category under the Department of Treasury Final Rule implementing the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan of 2021. 31 CFR §35.6(d) (2023). 6.13. Authorization. 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. 7. GENERAL TERMS AND CONDITIONS. 7.1. No Interest in Premises. Through this Agreement, OCPRC shall have no title interest in and/or to the Premises or any portion thereof and has not, does not, and will not claim any such title or any easement over the Premises. 7.2. Delegation or Assignment. Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. For purposes of this Section, consent for the County shall be given by the OCPRC Director or his/her successor and consent for the City shall be given by the City Representative. 7.3. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between County and the City. 7.4. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 7.5. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 7.6. 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, conditions, and provisions of this Agreement shall remain in full force. 7.7. Captions. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural, any reference to gender, and any use of the nominative, objective or possessive Page 12 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) case in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 7.8. Force Majeure. Notwithstanding any other term or provision of this Agreement, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, floods, fire, explosion, vandalism, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, other labor difficulties, or any law, order, regulation, direction, action, or request of the United States government or of any other government. Reasonable notice shall be given to the affected Party of any such event. 7.9. 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: (i) the date of actual receipt; (ii) the next business day when notice is sent express delivery service or personal delivery; or (iii) three days after mailing certified U.S. mail. 7.9.1. If Notice is sent to County, it shall be addressed and sent to: OCPRC Director, 2800 Watkins Lake Road, Waterford, Michigan 48328 and the Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341. 7.9.2. If Notice is sent to the City, it shall be addressed and sent to the City Clerk, 47450 Woodward Avenue, Pontiac, Michigan 48342 and the City Mayor, 47450 Woodward Avenue, Pontiac, Michigan 48342. 7.9.3. Either Party may change the individual to whom Notice is sent and/or the mailing address by notifying the other Party in writing of the change. 7.10. 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. 7.11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original agreement, but all of which together shall constitute one Agreement. Copies (photo, fax, or electronic) of signatures to this Agreement will be deemed originals and may be relied on to the same extent as originals. 7.12. Entire Agreement. This Agreement and the referenced Affidavit represents the entire agreement and understanding between the Parties regarding the maintenance, operation, and management of the Park and the Premises. This Agreement and the referenced Affidavit supersede all other oral or written agreements between the Parties regarding that subject matter. 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. Page 13 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) IN WITNESS WHEREOF, [INSERT NAME] has been authorized by a resolution of the City, to execute this Agreement. EXECUTED: ____________________________________ DATE:______________ WITNESSED:_____________________________________ DATE:______________ IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement. EXECUTED: ____________________________________ DATE: ______________ David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: _____________________________________ DATE: _______________ EXECUTED: ____________________________________ DATE: ______________ Gary McGillivray, Chairperson Oakland County Parks and Recreation Commission WITNESSED: _____________________________________ DATE: _______________ N:\16\16800\16834.72 - Hawthorne Park Boundary Pontiac\Drawings\Boundary\16834.72 Hawthorne Park-Pontiac Boundary Survey.dwgKnow what's below. before you dig.Call R Engineers Surveyors Planners Landscape Architects Executive: Manager: Designer: Quality Control: Section: Copyright © 2023 Giffels Webster. No reproduction shall be made without the prior written consent of Giffels Webster. Project: Sheet: Scale: Date:ISSUE:DATE: City of Pontiac, Oakland County, MICHIGAN Boundary SurveyHAWTHORNE PARK 28 West Adams Road Suite 1200 Detroit, MI 48226 p (313) 962-4442 f (313) 962-5068 www.giffelswebster.com JNR JNR LDA JNR 18 T-03-N R-10-E 04.27.23 1"=400' 1 of 3 16834.72 Date Issue 0 400' SCALE: 1" = 400' 200' EXHIBIT A N:\16\16800\16834.72 - Hawthorne Park Boundary Pontiac\Drawings\Boundary\16834.72 Hawthorne Park-Pontiac Boundary Survey.dwgKnow what's below. before you dig.Call R Engineers Surveyors Planners Landscape Architects Executive: Manager: Designer: Quality Control: Section: Copyright © 2023 Giffels Webster. No reproduction shall be made without the prior written consent of Giffels Webster. Project: Sheet: Scale: Date:ISSUE:DATE: City of Pontiac, Oakland County, MICHIGAN EasementsHAWTHORNE PARK 28 West Adams Road Suite 1200 Detroit, MI 48226 p (313) 962-4442 f (313) 962-5068 www.giffelswebster.com JNR JNR LDA JNR 18 T-03-N R-10-E 04.27.23 1"=400' 2 of 3 16834.72 Date Issue 0 400' SCALE: 1" = 400' 200' EXHIBIT A N:\16\16800\16834.72 - Hawthorne Park Boundary Pontiac\Drawings\Boundary\16834.72 Hawthorne Park-Pontiac Boundary Survey.dwgKnow what's below. before you dig.Call R Engineers Surveyors Planners Landscape Architects Executive: Manager: Designer: Quality Control: Section: Copyright © 2023 Giffels Webster. No reproduction shall be made without the prior written consent of Giffels Webster. Project: Sheet: Scale: Date:ISSUE:DATE: City of Pontiac, Oakland County, MICHIGAN Description of ParcelHAWTHORNE PARK 28 West Adams Road Suite 1200 Detroit, MI 48226 p (313) 962-4442 f (313) 962-5068 www.giffelswebster.com JNR JNR LDA JNR 18 T-03-N R-10-E 04.27.23 1"=400' 16834.72 Date Issue I HEREBY CERTIFY THAT I HAVE SURVEYED AND MAPPED THE LAND HEREON PLOTTED AND DESCRIBED DURING MAY 2023, AND THAT THE RATIO OF CLOSURE ON THE UNADJUSTED FIELD OBSERVATIONS OF SUCH SURVEY WAS BETTER THAN 1 IN 5,000; THAT THE BEARINGS FOR THIS SURVEY ARE BASED ON THE MICHIGAN SOUTH STATE PLANE COORDINATE SYSTEM AND THAT THE RELATIVE POSITIONAL PRECISION FOR EACH BOUNDARY CORNER, AND ANY OTHER FIELD LOCATED MONUMENT(S) IS BETTER THAN 0.07 FEET AT THE 95% CONFIDENCE LEVEL, AND THAT ALL OF THE REQUIREMENTS OF P.A. 132, 1970, AS AMENDED, HAVE BEEN COMPLIED WITH. DATE: MAY 15, 2023 JOHN NICHOLAS REDASH, MICHIGAN P.S. NO. 4001037281 3 of 3 EXHIBIT A May 16, 2023 Approved Minutes 1 Official Proceedings Pontiac City Council 87th Session of the Eleventh Council Call to order A Meeting of the City Council of Pontiac, Michigan was called to order at the City Hall Council Chambers, 47450 Woodward Ave Pontiac, MI 48342 on Tuesday, May 16, 2023 at 6:00 p.m. by Council President Pro-Tem William Carrington. Invocation – Pastor Kathy Dessureau Pledge of Allegiance to the Flag of the United States Moment of Silence Roll Call Members Present – William Carrington, Mikal Goodman, Kathalee James, Brett Nicholson, William Parker, Jr. and Melanie Rutherford Mayor Greimel was present A quorum was announced Amendments to and Approval of the Agenda Motion to combine Agenda Address and Public Comment on the agenda. Moved by Councilperson Nicholson and second by Councilperson Rutherford. Ayes: Parker, Rutherford, Carrington, Goodman, James and Nicholson No: None Motion Carried Motion to add on a Resolution to go into Closed Session as the new item #6. Moved by Councilperson Carrington and seconded by Councilperson Goodman. Ayes: Carrington, Goodman, James, Nicholson and Parker No: None Abstain: Rutherford Motion Carried Motion to add on a Resolution Supporting the Medicare For All Act of 2023 as the new item #13. Moved by Councilperson Carrington and second by Councilperson Rutherford. Ayes: Carrington, Goodman, James, Nicholson, Parker and Rutherford No: None Motion Carried Motion to add a discussion on Smart Transit Routes in the City of Pontiac. Moved by Councilperson Goodman and second by Councilperson Rutherford. Ayes: Goodman, James, Nicholson, Parker, Rutherford and Carrington No: None Motion Carried May 16, 2023 Approved Minutes 2 Motion to remove item #18 from the agenda. Moved by Councilperson James and second by Councilperson Parker. Ayes: None No: James, Nicholson, Parker, Rutherford, Carrington and Goodman Motion Failed The vote was taken to approve the agenda as amended. Ayes: Goodman, James, Nicholson, Parker, Rutherford and Carrington No: None Motion Carried Consent Agenda 23-177 Resolution to approve the consent agenda for May 16, 2023. Moved by Councilperson Rutherford and second by Councilperson Nicholson. Whereas, the City Council has reviewed the consent agenda for May 16, 2023. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the consent agenda for May 16, 2023 including May 4, 2023 City Council Special Meeting Minutes on the Budget, May 9, 2023 City Council Meeting Minutes and May 11, 2023 City Council Special Meeting Minutes on the Budget. Ayes: Nicholson, Parker, Rutherford, Carrington, Goodman and James No: None Resolution Passed Council President Mike McGuinness arrived at 6:28 p.m. and assumed the chair Special Presentation Celebrating Team Pontiac Special Olympics Success Resolution City Council 23-178 Resolution recognizing Team Pontiac Special Olympics Success. Moved by Councilperson Rutherford and second by Councilperson Nicholson. Whereas, it is fitting that the members of this Pontiac City Council and Administration should salute those athletes who, through their extraordinary efforts, have distinguished themselves as true champions of whom we all can be proud; and, Whereas, the members of Team Pontiac Special Olympics basketball team and their coaches have proven themselves to be the fiercest of competitors and, such, deserving of the highest regard, as they recently won their seventh state championship, March 17th, 2023 in the Michigan Special Olympics Games Basketball Tournament; and, Whereas, the members of Team Pontiac Special Olympics basketball team have won five-time consecutive state of Michigan championships; and, Whereas, the Team Pontiac Team Michigan Special Olympics basketball team players are Nate Perkins, Feemier Collazo, Marquise Eason, Deontay Giles, Anthony Jasper, Orien Ramsey, and Andrew Howell; and, Whereas, the team’s successful season would not have been possible without the astute knowledge and leadership of their coaches, Fred McFadden, Tony Pittman, and Larry Redmond; and, Whereas, in addition to the dedicated coaches and family members, Team Pontiac has been supported by many May 16, 2023 Approved Minutes 3 community members through the years, especially Dr. Petrina Hill, who leadership as Kennedy School’s Principal helped get the team started; and, Whereas, the members of Team Pontiac Special Olympics basketball team epitomize all that is good in today’s athletes, as they have achieved a premier level of success in competition while exhibiting the highest degree of character; now, therefore be it Resolved, that the Pontiac City Council and Pontiac Mayor Tim Greimel hereby honors and congratulates the coaches and the members of Team Pontiac Special Olympics basketball team upon winning its seventh state championship; and further Resolved, the entire City of Pontiac extends the members of Team Pontiac our best wishes for every continued success in all their future endeavors. Ayes: Nicholson, Parker, Rutherford, Carrington, Goodman, James and McGuinness No: None Resolution Passed Special Presentation Continued Galloway Lake Park Proposed Plans for Park Improvements Presentation Presenter: PEA Group Resolution Continued Grants and Philanthropy 23-179 Resolution to approve the City of Pontiac’s submission of the grant application titled “Galloway Lake Park Redevelopment” to the Michigan Department of natural resources Spark Grant Program in the amount of $1,000,000. Moved by Councilperson Carrington and second by Councilperson Parker. WHEREAS, the City of Pontiac supports the submission of an application titled, “Galloway Lake Park Redevelopment” to the Michigan DNR Spark grant program; and, WHEREAS, there is no matching requirement; and, WHEREAS, the proposed application is supported by the City of Pontiac’s Parks and Recreation Master Plan; and, WHEREAS, the approved redevelopment designs will be utilized to complete future renovations to the park; and, WHEREAS, the Grant Program requires that the City of Pontiac certify compliance with all Grant Program requirements. NOW THEREFORE, BE IT RESOLVED that the City of Pontiac hereby authorizes submission of a Michigan Department of Natural Resources Spark Grant Application in the amount of $1,000,000. Ayes: Parker, Carrington, Goodman, James, McGuinness and Nicholson No: Rutherford Resolution Passed Special Presentation Continued Sensible Cannabis Reform for Pontiac Referendum Petitions Regarding Marihuana Adult-Use Regulatory and Zoning Ordinances 2406 and 2407 Update Presentation Presenter: Garland Doyle, City Clerk Recognition of Elected Officials – None Agenda Address and Public Comments 1. Dr. Deirdre Waterman addressed item #5 May 16, 2023 Approved Minutes 4 2. Pastor Kathy Dessureau 3. Dr. Deidre Waterman 4. Darlene Clark 5. Gloria Miller 6. Jerome Moore 7. Thunderkahraba Miles-El Discussion (Agenda Add-on) SMART Transit Routes in the City of Pontiac Closed Session 23-180 Resolution to go into Closed Session at 7:44 p.m. pursuant to Section 8(h) of the Open Meetings Act, MCL 15.268(h) to review and discuss the confidential attorney-client Memorandum dated May 16, 2023 concerning legal issues in connection with the ordinance referendum process. Moved by Councilperson Carrington and seconded by Councilperson Parker. WHEREAS, the Mayor directed the City’s outside legal counsel, Clark Hill PLC, to provide an attorney- client privileged legal opinion addressing legal issues related to the ordinance referendum process and Clark Hill PLC has prepared a Memorandum dated May 16, 2023; and WHEREAS, the Michigan Open Meetings Act provides that a public body may meet in Closed Session to consider material exempt from discussion or disclosure by state or federal statute; and WHEREAS, written confidential communications that are the subject of attorney-client privilege are exempt from disclosure and may be discussed in Closed Session pursuant to Section 8(h) of the Open Meetings Act, MCL 15.268(h). NOW THEREFOR BE IT RESOLVED, the City Council will proceed in Closed Session pursuant to Section 8(h) of the Open Meetings Act, MCL 15.268(h) to review and discuss the confidential attorney- client Memorandum dated May 16, 2023 concerning legal issues in connection with the ordinance referendum process. Ayes: Carrington, Goodman, James, McGuinness, Nicholson and Parker No: None Abstain: Rutherford Resolution Passed Motion to come out of Closed Session at 8:48 p.m. Moved by Councilperson Nicholson and seconded by Councilperson Parker. Ayes: Carrington, Goodman, James, McGuinness, Nicholson, Parker and Rutherford No: None Motion Carried Suspend the Rules Motion to suspend the rules to take up reconsideration of Ordinance #2406 (Adoption of City of Pontiac Adult-Use Marihuana Business Ordinance) and Ordinance #2407. (Adoption of an Ordinance to Amend the City Of Pontiac Zoning Ordinance to include Adult-Use Marihuana Businesses in Designated Overlay Districts and Amend Appendix B of the Municipal Code of the City Of Pontiac, Amending Article 2, Section 2.103 – Zoning Map, to Create Four (4) Adult-Use Marihuana Overlay Districts Located in the City Of Pontiac, Specifically to be Known as Follows: Adult-Use Marihuana East Walton Overlay District, Adult-Use Marihuana Cesar Chavez Overlay District, Adult-Use Marihuana Downtown Overlay District, And Adult-Use Marihuana Woodward Gateway Overlay District) Moved by Councilperson Nicholson and seconded by Councilperson Parker. May 16, 2023 Approved Minutes 5 Ayes: Goodman, James, McGuinness, Nicholson, Parker and Carrington No: None Abstain: Rutherford Motion Carried Motion to repeal Ordinance #2406 Adoption of City of Pontiac Adult-Use Marihuana Business Ordinance. Moved by Councilperson Goodman and second by Councilperson Carrington. Ayes: None No: James, McGuinness, Nicholson, Parker, Carrington and Goodman Abstain: Rutherford Motion Failed Motion to repeal Ordinance #2407 Marihuana Businesses in Designated Overlay Districts and Amend Appendix B of the Municipal Code of the City Of Pontiac, Amending Article 2, Section 2.103 – Zoning Map, to Create Four (4) Adult-Use Marihuana Overlay Districts Located in the City Of Pontiac, Specifically to be Known as Follows: Adult-Use Marihuana East Walton Overlay District, Adult-Use Marihuana Cesar Chavez Overlay District, Adult-Use Marihuana Downtown Overlay District, And Adult-Use Marihuana Woodward Gateway Overlay District Resolutions. Moved by Councilperson Carrington and second by Councilperson Goodman. Ayes: None No: McGuinness, Nicholson, Parker, Carrington, Goodman and James Abstain: Rutherford Motion Failed Ordinances Resolution to approve the first reading of the Stormwater Control Ordinance Amendment to Amend Article III, Division 1 (General Provisions) to amend Section 118-25, to amend Division 2 (Applicability) to add Section 118-63, to amend Division 6 (Long Term Maintenance) to amend Section 118-109, and to amend Division 8 (compliance and Enforcement) to add Section 118-155. Moved by Councilperson Goodman and seconded by Councilperson Rutherford. WHEREAS, before the City of Pontiac City Council for consideration is an Ordinance to Amend Article III, Division 1 (General Provisions) to amend Section 118-25, to amend Division 2 (Applicability) to add Section 118-63, to amend Division 6 (Long Term Maintenance) to amend Section 118-109, and to amend Division 8 (Compliance and Enforcement) to add Section 118-155. WHEREAS, the City of Pontiac City Council finds it is in the best interest for the health, safety, and welfare, to accept the staff recommendation and approve the amendments to the Stormwater Control Ordinance Amendments as presented. NOW THEREFORE, BE IT RESOLVED by the Pontiac City Council that it hereby adopts the first reading of the amendments to the City of Pontiac’s Stormwater Control Ordinance as presented to the City Council on May 16, 2023. Ayes: Nicholson, Parker, Rutherford, Goodman, James and McGuinness No: None Resolution Passed Motion to postpone for one week the first reading of a Zoning Ordinance Text Amendment to Amend Chapter 2 (Site Plan Review) to Amend Section 6.202 (D), and Section 6.208 May 16, 2023 Approved Minutes 6 (Required Information) to Amend Table 17. Moved by Councilperson Rutherford and seconded by Councilperson Goodman. Ayes: Rutherford, Goodman, James, McGuinness, Nicholson and Parker No: None Motion Carried Council Pro-Tem William Carrington was absent during the vote Resolutions Continued City Council 23-181 Resolution Advocating for Enactment of the CROWN Act Legislation by the State of Michigan. Moved by Councilperson Rutherford and second by Councilperson Goodman. Whereas, CROWN (Creating a Respectful and Open World for Natural Hair) Acts have been enacted in other states, enshrining protections for individuals from discrimination over natural and protective hairstyles in the workplace, schools, and other institutions; and, Whereas, hair discrimination is a form of racial oppression that has long plagued Black Americans looking to make their mark in professional spaces or fully pursue educational opportunities without discrimination at all levels of their educational journey; and, Whereas, such legislation would extend state law to protect Michigan residents, including those who live and work in our City of Pontiac, from hair-based discrimination by specifying hair texture and protective hairstyles, such as braids, locs, and twists, as traits historically associated with race; and, Whereas, a CROWN Act was introduced in the previous session of the Michigan Legislature, though it was not enacted, and in this current legislative session State Senator Sarah Anthony has reintroduced the legislation, now identified as Senate Bill 90; now, Therefore, Be It Resolved, the Pontiac City Council hereby formally supports the passage of Senate Bill 90 and the enactment of the CROWN Act in the State of Michigan; and further Resolved, the City Council commends our city’s State Representative Brenda Carter and our city’s State Senator Jeremy Moss for signing on as co-sponsors of the related legislation for this current legislative session as well as the previous legislative session; and further Resolved, the City Council encourages Pontiac residents and businesses to take appropriate measures to prevent discrimination against individuals for their natural and protective hairstyles in the workplace, in schools, and in other institutions. Ayes: Carrington, Goodman, James, McGuinness, Nicholson, Parker and Rutherford No: None Resolution Passed 23-182 Resolution Honoring the Life of Kenny Corr. Moved by Councilperson Rutherford and second by Councilperson Goodman. Whereas, the City of Pontiac, Michigan has been privileged to have many exemplary community members over the decades, whose hard work and dedication contributed to the quality of life in Pontiac and who help their fellow citizens in need; and, Whereas, Mr. Kenneth Earl “Big Fun” Corr, often referred to as Kenny Corr, was a longtime resident of Pontiac who also grew up in this community; and, Whereas, Mr. Corr was a dynamic personality and a creative soul, who served as the City of Pontiac’s poet laureate over many years; and, Whereas, it was poignantly written by Mr. Quincy Stewart, II, in describing Mr. Corr, that “his personality and spirit are deeply rooted in the soil of this little town” and that “his poems chronicled our city’s history;” and, May 16, 2023 Approved Minutes 7 Whereas, Mr. Corr passed away on May 10, 2023 at the age of 72, which is a tremendous loss for our community, his family, his friends, his neighbors, and his colleagues; now, Therefore, Be It Resolved, the Pontiac City Council, Pontiac Mayor Tim Greimel, and the entire City of Pontiac hereby mourns the passing Mr. Kenny Corr; and further Resolved, the City Council expresses our deepest gratitude for Mr. Corr’s dedicated service to our City and to the Citizens of Pontiac, whose lives were enriched because of his willingness to serve, to lead, and to bring people together; and further Resolved, the City Council and the entire community will remember his work, his personality, his spirit, and his willingness to help others; and further Resolved, we extend our deepest sympathies to his family, friends, and colleagues. Ayes: Goodman, James, McGuinness, Nicholson, Parker, Rutherford and Carrington No: None Resolution Passed 23-183 Resolution Honoring the life of Calandra Green. Moved by Councilperson Carrington and seconded by Councilperson Rutherford. Whereas, the City of Pontiac, Michigan has been privileged to have many exemplary community members over the decades, whose hard work and dedication contributed to the quality of life in Pontiac and who help their fellow citizens in need; and, Whereas, Dr. Calandra Anderson Green was a resident of Pontiac who also grew up in this community, and who served as the barrier-breaking Oakland County Health Director since 2022, taking an active lead on many local public health initiatives; and, Whereas, through the decades Dr. Green served in public health leadership roles with the Oakland County Health Department in Pontiac, with McLaren Oakland Hospital in Pontiac, and with the North Oakland Medical Center in Pontiac; and, Whereas, Dr. Green was a warm, caring, thoughtful, and dedicated person; and, Whereas Dr. Green’s life was prematurely cut short, which is a tremendous loss to our community, her family, her friends, her neighbors, and to her past and present colleagues in the public health field and medical community; now, Therefore, Be It Resolved, the Pontiac City Council, Pontiac Mayor Tim Greimel, and the entire City of Pontiac hereby mourns the passing Dr. Calandra Anderson Green; and further Resolved, the City Council expresses our deepest gratitude for Dr. Green’s dedicated service to our City and to the Citizens of Pontiac, whose lives were enriched because of her willingness to serve, to lead, and to heal; and further Resolved, the City Council and the entire community will remember her work, her personality, her spirit, and her willingness to help others; and further Resolved, we extend our deepest sympathies to her family, friends, and colleagues. Ayes: James, McGuinness, Nicholson, Parker, Rutherford, Carrington and Goodman No: None Resolution Passed 23-184 Resolution Honoring the Life of Retired Pontiac Police Captain Michael Miles. Moved by Councilperson Rutherford and second by Councilperson Carrington. Whereas, the City of Pontiac, Michigan has been privileged to have many exemplary employees work for the City of Pontiac over the decades, whose hard work and dedication directly improved the quality of life for our citizens; and, May 16, 2023 Approved Minutes 8 Whereas, Mr. Michael Miles worked for the City of Pontiac from 1967 until 1992, serving with dedication and commitment through those decades and directly protecting the quality of life and wellbeing of Pontiac residents; and, Whereas, Mr. Miles worked for the City of Pontiac Police Department for the entire duration of his employment with our City and rose to the rank of Captain before his well-deserved retirement after his long and productive career; and, Whereas, Mr. Miles passed away on May 10, 2023 at the age of 77, which is a tremendous loss for both his family and our community; now, therefore be it Resolved, the Pontiac City Council and Pontiac Mayor Tim Greimel hereby mourns the passing of retired Pontiac Police Captain Michael Miles; and further Resolved, the City expresses our deepest gratitude for Mr. Miles’ dedicated service to our City and to the citizens whose lives he protected; and further Resolved, he will be remembered by this Council and the Pontiac community as a dedicated and hardworking person who made a positive difference in our City for many years; and further Resolved, the City of Pontiac extends our deepest sympathies to his family, friends, neighbors, and colleagues. Ayes: McGuinness, Nicholson, Parker, Rutherford, Carrington, Goodman and James No: None Resolution Passed 23-185 Resolution Supporting the Medicare for All Act of 2023. (Agenda add-on) Moved by Councilperson Rutherford and second by Councilperson Goodman. WHEREAS, rationing healthcare in the United States, according to ability to pay, has diminished the overall health of our citizens, to the point that the U.S. ranks 35th in the world in health outcomes, and even worse for infant mortality and life expectancy, yet ranks first in healthcare costs; and, WHEREAS, studies have shown that countries with universal healthcare systems have higher life expectancies, lower infant mortality rates, and improved health outcomes compared to the United States; and, WHEREAS, before the pandemic, the number of Americans without health insurance was nearly 30 million with about 50 million Americans underinsured, the pandemic has greatly increased these numbers -- up to 45 million additional people have lost jobrelated health insurance, with the impacts most severe among people of color; and, WHEREAS, without new strategies, the never-ending rising costs of healthcare continue to challenge our already strapped municipal budgets and our businesses that keep our communities thriving; and, WHEREAS, the Medicare for All Act of 2023 will guarantee that all people living in Pontiac will be fully covered for health care without paying premiums, deductibles, copays or other out-of-pocket expenses; be provided lifelong coverage for doctors visits, major medical treatments, prescription drugs, vision, dental, mental health, in-home and institutional rehabilitative long-term medical care and would also slash the cost of bureaucracy, protect the doctor-patient relationship, and assure patients a free choice of doctors; and, WHEREAS, the Medicare for All Act of 2023 has garnered support from healthcare professionals, labor unions, grassroots organizations, and a significant portion of the American public; and, WHEREAS, Pontiac’s most recent Congresswoman, Brenda Lawrence, was a co-sponsor of the previous interactions of this every term since her election to Congress; and, WHEREAS, in Michigan, as is throughout our country, Black, Latino, and Indigenous people suffer from significant healthcare disparities compared with their White counterparts, including, but not limited to higher rates of being uninsured, of poor or fair health status, chronic diseases, significantly higher preterm births, maternal and infant mortality, and overall mortality. People of color have been hospitalized at higher rates due to COVID-19 and suffered death at rates alarmingly higher than would be predicted for their population sizes in Michigan. Those same communities of color would see reductions in the aforementioned healthcare disparities by having access to high quality, universal healthcare, that is May 16, 2023 Approved Minutes 9 provided by the Medicare For All Act of 2023, without the interruptions in care present in an employer- based for-profit system; and, WHEREAS, the City of Pontiac recognizes the importance of prioritizing the health and well-being of its residents and acknowledges the potential benefits of a comprehensive healthcare system that ensures equal access to care for all; now, therefore, be it RESOLVED The City of Pontiac hereby expresses its support for the Medicare for All Act of 2023 and urges members of Congress to carefully consider and pass this legislation to improve healthcare access and affordability for all Americans, including the residents of Pontiac, Michigan; and further RESOLVED, The City of Pontiac encourages its elected representatives at the federal level to actively promote and advocate for the passage of the Medicare for All Act of 2023, recognizing the potential positive impact it can have on the health and well-being of Pontiac's residents; and further RESOLVED, The City of Pontiac will communicate this resolution to Pontiac’s Federal delegation representing our community, emphasizing the urgency of addressing the current healthcare crisis and the importance of providing comprehensive, affordable healthcare coverage to all residents; and further RESOLVED, The City of Pontiac will work to engage and inform its residents about the Medicare for All Act of 2023, providing educational resources and opportunities for dialogue to foster understanding and support within the community; and further RESOLVED, The City of Pontiac will actively seek opportunities to collaborate with other municipalities, organizations, and stakeholders to advocate for a fair and equitable healthcare system that prioritizes the health and welfare of all individuals. Ayes: Nicholson, Rutherford, Carrington, Goodman, James and McGuinness No: None Resolution Passed Councilman Parker was absent during the vote Department of Public Works (DPW) 23-186 Resolution to authorize the City Clerk to publish the proposed budget amendment for the Budget Year 2022-2023. Increase the budget appropriation in the following GL account: 445-451-974-.004 -0 Speed Humps and Signage - $599,200, decrease the budget appropriation in the following GL account: 445-451-974.055 to be determined Road – ($504,000). Moved by Councilperson Rutherford and second by Councilperson Goodman. WHEREAS, the City Council appropriated $504,000 in the current budget year (FY 2023) to install the Speed Humps and Signage on three local roads in all the Council Districts and at the Beaudette Park.; and, WHEREAS, the actual contract amount for this project is $599,200; and, WHEREAS, this budget amendment adds $95,200 to cover the shortfall in the budget appropriation; and, WHEREAS, this budget amendment will decrease the fund balance in the Fund 445 – Capital Improvement Fund by $95,200; NOW THEREFORE, BE RESOLVED, that the City Council hereby authorizes the City Clerk to publish in a newspaper the proposed budget amendment for Fiscal Year 2022-23 as requested by the Administration as given below: Increase budget appropriation in the following GL account: 445-451-974.004 – Speed Humps and Signage $599,200 Decrease the budget appropriation in the following GL account: 445-451-974.055 - To Be Determined Road ($504,000) Net Increase in the Appropriation $95,200 Ayes: Goodman, James, McGuinness, Parker and Rutherford No: None Resolution Passed May 16, 2023 Approved Minutes 10 23-187 Resolution to approve the Mayor or Mayor Designee to execute a contract with J. Ranck Electric, Inc. to provide install Speed Cushions (also referred to as humps) at designated locations throughout the City of Pontiac. Moved by Councilperson Parker and second by Councilperson Carrington. WHEREAS, The Purchasing Manager has ensured that the purchase is following the City’s municipal code, Division II. Purchasing, Section 2-517, 2-518, and 2-519 pertaining to major purchases; WHEREAS, the Purchasing Manager is requesting approval to execute a City contract with J. Ranck Electric, Inc.; NOW, THEREFORE, The Pontiac City Council approves the Mayor or Mayor Designee to execute a City contract with J. Ranck Electric, Inc. Ayes: Rutherford, Carrington, Goodman, James, McGuinness, Nicholson and Parker No: None Resolution Passed Finance 23-188 Resolution to authorize the City Clerk to publish the proposed budget amendment for the Budget Year 2022-2023. Increase the budget appropriation in the following GL accounts: 101-966-999-.445 – Transfer out to Fund 445-751-971.001 – Land Acquisition of Real Property - $340,739 Increase the estimated revenue in the following GL account: 445-966-699.101 – Transfer in from Fund 101 - $340,739 Decrease the Fund Balance Committed in the following GL account: 101-000-393.001 – Fund Balance Committed – ($340,739). Moved by Councilperson Nicholson and second by Councilperson Parker. WHEREAS, the City Council committed $3,200,000 from the General Fund balance in the fiscal year 2018 to acquire of a building for the Youth and Recreation program and the funds remains committed through the current fiscal year 2023.; and, WHEREAS, the City Council approved the purchase of a building at 191 N Glenwood (former McCarron School) for the purpose of building a Youth and Recreation facility; and, WHEREAS, the city purchased the 191 N. Glenwood Avenue property on May 3, 2023, at a cost of $340,739; and, WHEREAS, this budget amendment will decrease the fund balance in the Fund 101 – General Fund balance by $340,4739; NOW THEREFORE, BE RESOLVED, that the City Council hereby authorizes the City Clerk to publish in a newspaper the proposed budget amendment for Fiscal Year 2022-23 as requested by the Administration as given below: Increase budget appropriation in the following GL account: 101-966-999.445 – Transfer Out to Fund 445 $340,739 445-751-971.001 – Land Acquisition of Real Property $340,739 Increase the estimated revenue in the following GL account: 445-966-699.101 – Transfer in From Fund 101 $340,739 Decrease the Fund Balance Committed in the following GL account: 101-000-393.001- Fund Balance Committed ($340,739) Ayes: Carrington, Goodman, James, McGuinness, Nicholson, and Parker No: Rutherford Resolution Passed May 16, 2023 Approved Minutes 11 Grants and Philanthropy 23-189 Resolution to authorize the City Clerk to publish budget amendment to recognize the budgeted revenues in the amount of $60,000 to account 285-000-532.000 -AAPLIF Federal Grants Other, and appropriations in the amount of $60,000 285-000-699-181.085 -AAMPLIF Professional Serv. – Amplifund. Moved by Councilperson Nicholson and second by Councilperson Rutherford. WHEREAS, on April 18th, the Pontiac City Council authorized the execution of the agreement between the City of Pontiac and Amplifund for a not-to-exceed amount of $138,000 for a three-year period, beginning May 2022; and, WHEREAS, the State and Local Fiscal Recovery Fund – American Rescue Plan Act defines permissibility of use of funds in the Department of the Treasury Final Rule. The Final Rule clearly defines program evaluation, evidence resources, technology infrastructure, and capacity building resources as enumerated expenses related to investments in data collection and technology; and, WHEREAS, this activity will recognize the budgeted revenue for the current fiscal year 2022-2023 in the amount of $60,000, and increase the appropriations in the amount of $60,000. NOW THEREFORE, be it resolved that the City Council hereby authorizes the City Clerk to publish the proposed budget amendment for the Fiscal Year 2022-23 Budget as requested by the Administration to recognize the budgeted revenues in the amount of $60,000 to account 285-000-532.000-AMPLIF Federal Grants Other, and appropriations in the amount of $60,000 285-699-818.085-AMPLIF Professional Serv- Amplifund. Ayes: Goodman, James, McGuinness, Nicholson, Parker and Carrington No: Rutherford Resolution Passed 23-190 Resolution to approve the Agreement for Local Fiscal Recovery Fund Distribution between Oakland County and the City of Pontiac for the Oakland County Healthy Communities Park and Outdoor Recreation Investment Plan Grant in the amount of $500,000. Moved by Councilperson Rutherford and second by Councilperson Goodman. WHEREAS, has been awarded $500,000 from the Oakland County Healthy Communities Park and Outdoor Recreation Investment Plan Grant program in support of Crystal Lake Park; and, WHEREAS, The City of Pontiac requested this funding to reclaim and revitalize Crystal Lake Park so that its abundant environmental, recreational, and historic resources may be enjoyed and utilized by residents; and, WHEREAS, Crystal Lake Park has the potential to enhance the lives of residents in their pursuit of recreation and leisure activities and will provide supplemental space for use by youth and senior programs; and, WHEREAS, Oakland County requires an Agreement for Local Fiscal Recovery Fund Distribution Between Oakland County and The City of Pontiac to be executed before they can disburse the aforementioned funds. WHEREAS, the term of the Agreement ends December 31st, 2026. NOW THEREFORE, be it resolved that the Pontiac City Council authorizes Mayor Tim Greimel to execute the Agreement for Local Fiscal Recovery Fund Distribution Between Oakland County and The City of Pontiac for the Oakland County Healthy Communities Park and Outdoor Recreation Investment Plan Grant in the Amount of $500,000. Ayes: James, McGuinness, Nicholson, Parker, Rutherford, Carrington and Goodman No: None Resolution Passed May 16, 2023 Approved Minutes 12 Information Technology (I.T.) 23-191 Resolution to approve the purchase of Desktop Personal Computers and Monitors for the 50th District Court. Moved by Councilperson Rutherford and second by Councilperson Carrington. WHEREAS, 50th District Court employees currently use desktop computers that are over six years old; and WHEREAS, the computer monitors at the 50th District Court are not compatible with modern computers; and WHEREAS, the use of new computer equipment will increase the efficiency of courthouse employees; and WHEREAS, $30,000 has been budgeted for computer equipment in the FY2022-2023 budget; and WHEREAS, Insight Public Sector offers the lowest quote for both the Optiplex 3000 desktop computer and the Dell 24-inch monitor through our MiDeal contract. NOW, THEREFORE, HEREBY BE IT RESOLVED that the Pontiac City Council approves the purchase Dell Computers and Monitors not to exceed $30,000 from Insight Public Sector. Ayes: McGuinness, Nicholson, Parker, Rutherford, Carrington, Goodman and James No: None Resolution Passed Parks & Recreation 23-192 Resolution to approve the Interlocal Partnership Agreement with Hawthorne Park between Oakland County and the City of Pontiac. Moved by Councilperson Rutherford and second by Councilperson Goodman. Discussion. Motion to strike Hawthorne and change to Pontiac within the resolution to approve the Interlocal Partnership Agreement with Hawthorne Park between Oakland County and the City of Pontiac. Moved by Carrington and second by Councilperson Nicholson. WHEREAS, The City of Pontiac and Oakland County desire to enter into an Interlocal Partnership for Hawthorne Park over the next 20 years starting July 1, 2023; and, WHEREAS, Hawthorne Park will be called Hawthorne Pontiac Oaks Park during this time and will remain a City of Pontiac Park; and, WHEREAS, Oakland County will oversee all design & planning aspects of the park as well as all maintenance responsibilities, while collaborating with the City of Pontiac and residents; and, WHEREAS, The City of Pontiac will work in coordination with Oakland County on all design concepts being applied to Hawthorne Pontiac Oaks Park. NOW THEREFORE, be it resolved that the Pontiac City Council authorizes the Mayor to execute the Interlocal Partnership Agreement for Hawthorne Park between Oakland County and the City of Pontiac. Ayes: Carrington, Goodman, McGuinness and Nicholson No: Parker, Rutherford and James Motion Carried 23-192 Amended Resolution to approve the Interlocal Partnership Agreement with Hawthorne Park between Oakland County and the City of Pontiac. Moved by Councilperson Rutherford and second by Councilperson Goodman. WHEREAS, The City of Pontiac and Oakland County desire to enter into an Interlocal Partnership for Hawthorne Park over the next 20 years starting July 1, 2023; and, May 16, 2023 Approved Minutes 13 WHEREAS, Hawthorne Park will be called Pontiac Oaks Park during this time and will remain a City of Pontiac Park; and, WHEREAS, Oakland County will oversee all design & planning aspects of the park as well as all maintenance responsibilities, while collaborating with the City of Pontiac and residents; and, WHEREAS, The City of Pontiac will work in coordination with Oakland County on all design concepts being applied to Pontiac Oaks Park. NOW THEREFORE, be it resolved that the Pontiac City Council authorizes the Mayor to execute the Interlocal Partnership Agreement for Hawthorne Park between Oakland County and the City of Pontiac. Ayes: Nicholson, Parker, Rutherford, Carrington, Goodman, James and McGuinness No: None Resolution Passed Purchasing 23-193 Resolution award bid and execute agreement/contract with The Major Group for Lawn Chair Concert Series-facilitator of events. Moved by Councilperson Rutherford and second by Councilperson Nicholson. Whereas, The Purchasing Manager has ensured that the purchase is following the City’s municipal code, Division II. Purchasing, Section 2-517, 2-518, and 2-519 pertaining to major purchases; Whereas, the Purchasing Manager is requesting approval to execute a City contract with Major Group, LLC.: Now, Therefore, The Pontiac City Council approves the Mayor or Mayor Designee to execute a City contract with The Major Group, LLC. Ayes: Rutherford, Carrington, Goodman, James, McGuinness, Nicholson and Parker No: None Resolution Passed Communications City Council and Mayor’s Office Mayor, Clerk and Council Closing Comments Mayor Tim Greimel, Deputy Mayor Khalfani Stephens, Councilman Nicholson, Councilman Mikal Goodman, Councilman William Parker Jr., Councilwoman Melanie Rutherford and Council President Pro-Tem William Carrington made closing comments. Adjournment Motion to adjourn the meeting. Moved by Councilperson Rutherford and second by Councilperson Parker. Ayes: Carrington, Goodman, James, McGuinness, Parker and Rutherford No: None Motion Carried Council President Mike McGuinness adjourn the meeting at 10:48 p.m. __________________________ Garland S. Doyle City Clerk June 28, 2023 Michigan Department of State Office of the Great Seal Richard H. Austin Building, 1st Floor 430 W. Allegan Lansing, MI 48918 Dear Office of the Great Seal: On May 25, 2023 the Board of Commissioners for Oakland County entered into an agreement per MR #23090 – Parks and Recreation – Interlocal Partnership Agreement with the City of Pontiac for Hawthorne Park. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the City of Pontiac, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 East 1200 N. Telegraph Rd. Pontiac, MI 48341 (Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLAND Joseph J. Rozell, CERA Director of Elections Cc: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland County Jami Monte, Parks and Recreation, Oakland County Garland Doyle, Clerk, City of Pontiac Enclosures INTERLOCAL PARTNERSHIP AGREEMENT FOR HAWTHORNE PARK BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF PONTIAC This Agreement (the "Agreement")is made between the County of Oakland,a Constitutional and Municipal Corporation,1200 North Telegraph,Pontiac,Michigan 48341 ("County"),by,through,and administered byits statutory agent the Oakland County Parks and Recreation Commission (“OCPRC”) and the City of Pontiac,47450 Woodward Avenue,Pontiac,Michigan 48342 (“City”).County and the City mayalso be referred to jointly as "Parties". INTRODUCTION AND PURPOSE OF AGREEMENT. OCPRCcreated the Healthy Communities Park and Outdoor Recreation Investment Plan (“Plan”)that is a comprehensive approach,using the Coronavirus Local Fiscal Recovery Fund and OCPRC monies,to fund park improvements in areas most disproportionally impacted by the COVID 19 pandemic.These funds were leveraged by commitments from local governments with long term operational agreements/leases to facilitate the expansion of the OCPRC Park System to incorporate additional parks,including a park in the City. .On September 7,2022,the City and the County executed a letter of intent expressing a desire to negotiate a mutually acceptable agreement for the operation,management,planning,and maintenance of approximately 77.33 acres of real property currently known as Hawthorme Park located in Pontiac,Michigan. In October 2022,the Oakland County Board of Commissioners appropriated 15 million dollars of Coronavirus Local Fiscal Recovery Fund monies,in Miscellaneous Resolution #22-338,to fund and support the Plan. To effectuate the Plan and the use of Coronavirus Local Fiscal Recovery Fund and OCPRC monies,the County and the City now enter into this Agreement,pursuant to Michigan law,for the purpose of delineating the duties and responsibilities between the Parties with respect to operation,management,planning,and maintenance of approximately 77.33 acres of real property currently known as Hawthorne Park located in Pontiac,Michigan. The Parties agree to the following terms and conditions: 1.DEFINITIONS.The following words and expressions used throughout this Agreement,whether used in the singular or plural,shall be defined,read,and interpreted as follows. 1.1 1.3. .Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification,amendment,addendum,or exhibit approved in accordance with Section 2. .2.Capital Improvement Project meansa project that:(1)costs thirty thousand dollars ($30,000.00)or more and (2)extends the life cycle ofan existing facility or asset;replaces, renovates,or remodels an existing facility or asset;or adds a new facility or asset. City means the City of Pontiac,its Council,departments,divisions,elected and appointed officials,board members,commissioners,authorities,committees,employees,agents, subcontractors,attorneys,volunteers,and/or any such persons’successors. 1.4.City Employee means any City employee,officer,manager,volunteer,attorney, contractor,subcontractor,and/or any such person’s successors or predecessors (whether Page 1 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT(FINAL VERSION) 1.5. 1.6. Leds 1.8. 1.9. 1.10. 1.11. 1.12. 1.13. 1.14. 1.15. 1.16. such personsact or acted in their personal,representative,or official capacities)."City Employee"shall also include any person who was a City Employee at any time during the term of this Agreement but,for any reason,is no longer employed,appointed,or elected in that capacity. Claims meansany alleged losses,claims,complaints,demands for relief or damages, lawsuits,causes of action,proceedings,judgments,deficiencies,liabilities,penalties, litigation,costs,and expenses,including,but not limited to,reimbursement for reasonable attorney fees,witness fees,court costs,investigation expenses,litigation expenses,amounts paid in settlement,and/or other amounts or liabilities of any kind which are incurred by or asserted against a Party,or for which a party may becomelegally and/or contractually obligated to pay or defend against,whether direct,indirect or consequential,whether based upon any alleged violation of the federal or the state constitution,any federal or state statute,rule,regulation,or any alleged violation of federal or state common law. 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. County Employee means any County employee,officer,manager,volunteer,attorney, contractor,subcontractor,and/or any such person’s successors or predecessors (whether such persons act or acted in their personal,representative,or official capacities)."County Employee"shall also include any person who was a County Employee at any time during the term of this Agreement but,for any reason,is no longer employed,appointed,or elected in that capacity. Day means any calendar day beginning at 12:00 a.m.and ending at 11:59 p.m. Effective Date.The date all Parties sign the Agreement. Exhibits means the following documents,which this Agreement includes and incorporates: 1.10.1.Exhibit A:describes and depicts the Premises. OCPRC means the Oakland County Parks and Recreation Commission,as established by resolution of the Oakland County Board of Commissioners pursuant to Public Act 261 of 1965,MCL 46.351,et seq. Park meansthe park operated and managed by OCPRC onthe Premises. Park Fees and Charges means the following fees and charges:(1)equipment/facility rental fees,(2)event program fees, (3)sponsorship of events/programs by thirdparties, and (4)and all other fees and charges charged and collected by OCPRCassociated with the use of the Park. Park Revenue means the monies generated from the Park Fees and Charges received by OCPRCandgrants,gifts,and donations received by OCPRC orbythe City for the Park. Premises meansthe real property that is described and depicted in Exhibit A. Transition Period means a period of time commencing on the Effective Date and ending on September 30,2023 or the date the City Council and the date the City Representative approves the Park Action Plan (as described in Section 4.7),whichever occurs last. 2.AGREEMENT TERM/PROPERTY DESCRIPTION &TERMINATION. Page 2 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) 2.3. 2.4. Ld Agreement Term.This Agreement shall commence on the Effective Date and end twenty (20)years from the Effective Date (“Initial Term’’).On the date the Initial Term ends,this Agreement shall automatically renew,without action of either Party, for twenty (20)years (“Renewal Term”).However,if either Party provides written notice to the other Party,at least one hundred eighty (180)days before the end of the Initial Term,of its desire that the Agreement not renew,then the Agreement shall end on the last day of the Initial Term. The non-renewal of this Agreement pursuant to this Section shall not be deemed a termination of this Agreement under Section 2.7.The terms and conditions contained in this Agreement shall not change during the Renewal Term.The approval and terms of this Agreement and any amendments 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. Agreement Amendments.All amendments or modifications to this Agreement shall be in writing and approved and filed as set forth in Section 2.1. Property Subject to Agreement.The City grants the County use of the Premises for the purposes and according to the terms and conditions set forth herein. Use of Premises.On the date the Transition Period ends,OCPRCshall havecare,control, and use of the Premises to operate,manage,plan,maintain,and improve the Premises for public recreation activities,as further described and delineated herein,and to provide other recreation activities mutually agreed upon by the Parties.OCRPC shall obtain the City’s prior consent,in writing,to use the Premises for any purpose not described herein,such consent shall be given by the City’s Representative. Fee for Use of Premises.The County shall not pay a monetary fee for the use of the Premises.The Parties acknowledge that the services provided by the County duringthis Agreement are adequate consideration for this Agreement. Designation of Park &Name of Park.During this Agreement,the Premises shall be designated an OCPRCPark with the following name:“Pontiac Oaks.” Termination/Expiration. 2.7.1.Termination by the City.The City may terminate this Agreement,at any time,if OCPRCis notified in writing at least one hundred eighty (180)days prior to the effective date of termination and any oneof the following occur:(1)the Premises are no longer being used for the purposes identified in this Agreement;(2) OCPRCprovided the City with information at any time during this Agreement that wasfalse or fraudulent;or (3)OCPRC materially fails to perform any of its obligations under this Agreement,and such failure is not cured within ninety (90) calendar days after written notice of default to OCPRC. 2.7.1.1.Termination by the City in Absence of Default/Breach.If the City terminates this Agreement,in absence of default or breach by OCPRC, then the City shall reimburse OCPRCthe amountof the non-depreciated value of Capital ImprovementProjects to the Park,paid for by OCPRC, on the date of the termination notice. 2.7.1.2.Termination by the City for Default/Breach.If the City terminates this Agreementfor default or breach by OCPRC,then the City does not have to reimburse OCPRCthe non-depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. Page 3 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT(FINAL VERSION) 2.7.2.Termination by OCPRC.OCPRC mayterminate this,at any time,if the City is notified in writing at least one hundred eighty (180)days prior to the effective date of termination and any one of the following occur:(1)the Premises are no longer being used for the purposes identified in this Agreement;(2)the City provided OCPRCwith information,at any time during the Agreement term,that was false or fraudulent;(3)the City materially fails to perform any of its obligations underthis Agreement,and such failure is not cured within ninety (90)calendar days after written notice of default to the City. 2.7.2.1.Termination by OCPRC in Absence of Default/Breach.If OCPRC terminates this Agreement in absence of default or breach by the City, then the City does not have to reimburse OCPRCthe non-depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. 2.7.2.2.Termination by OCPRC for Default/Breach.If OCPRC terminates this Agreement for default or breach of the City,then the City shall remburse OCPRCthe amount of the non-depreciated value of Capital Improvement Projects to the Park,paid for by OCPRC,on the date of the termination notice. 2.7.3.Disposition of Personal Property Upon Expiration/Termination of Agreement. Upon expiration or termination,for any reason,of this Agreement each Party shall retain ownership of personal property purchased by them,unless the Parties agree in writing otherwise.“Personal property”does not include buildings or fixtures. 2.7.4.Condition of Park Upon Expiration/Termination of Agreement.Upon the expiration or termination of this Agreement,OCPRCshall cease all Park management and operation,surrender the Premises to the City,and cooperatively work with the City to transfer Park management and operation. 2.7.5.Payment for Non-Depreciated Capital Improvement Projects Upon Agreement Expiration.Ifthe Agreementis not renewed at the end of the Initial Term for the Renewal Term,then the City shall reimburse OCPRC the amount of the non-depreciated value of Capital ImprovementProjects to the Park,paid for by OCPRC with non-Coronavirus Local Fiscal Recovery Fund monies,on the date the Agreement expires.Upon the expiration of the Renewal Term,the City shall not reimburse OCPRC the amount of the non-depreciated value of Capital Improvement Projects to the Park,paid for by OCPRC. 3.TRANSITION PERIOD. ail, Bete Transition Period.This Agreement includes a Transition Period.During the Transition Period,the Parties shall work cooperatively to facilitate the transfer of Park management and operations to OCPRC. Park Information. 3.2.1.Grants &Endowments.Within thirty (30)days of the Effective Date,the City shall provide OCPRC copies of all grant agreements,endowment agreements,or other agreements that impose restrictions and conditions upon the Premises andits use. 3.2.2 Agreements between the City and Third Parties.Within thirty (30)days of the Effective Date,the City shall provide OCPRCcopies of all third party agreements Page 4 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) relating to the use,management,or operation of the Premises,if any.OCPRCis not under any obligation to assume any third party agreementsrelating to the managementor operation of the Premises. 3.3.Rights and Obligations During the Transition Period. 3.3.1.Park Operation and Maintenance During Transition Period.During the Transition Period,the City shall be responsible to operate and maintain the Park and to pay for all costs associated therewith,except that OCPRC shall assume sole responsibility for cutting the grass,at its sole,expense effective July 1,2023. 3.3.2.County Right to Access the Premises.During the Transition Period,the County may access the Premises to perform maintenance,restoration,repairs,and improvements to the Premises,mutually agreed to by the Parties in writing. 3.3.3.Premises Inspections.During the Transition Period,the County shall inspect the infrastructure and conditions of the Park,including but not limited to the condition of utilities and their connections,the parkinglot,trees,restrooms,playground equipment,trails and pathways,boat launch,and dock.The inspection shall be codified in a documentto illustrate the condition of the Premises at the end of the Transition Period. 3.3.4.Park Planning.During the Transition Period, the County shall:(1)assume primary responsibility for Park planning,(2)regularly consult with the City about such planning,and (3)organize at least two (2)community forums in the City during the Transition Period to hear suggestions from City residents. 3.3.5.Park Programming.During the Transition Period,OCPRC may organize and host mutually agreed upon recreation programs,events,volunteer activities,and other activities. 3.4.Environmental Condition. 3.4.1.Environmental Assessments.During the Transition Period,OCPRC shall examine the Premises and perform a Phase I Environmental Site Assessment (ESA),at its sole cost,and additional environmental assessments that OCPRC deems necessary, in its sole discretion andatits sole cost. 3.4.2.Copies of Environmental Assessments.OCPRC will provide the City with a copy of the Phase I ESA and any other environmental assessments.OCRPC shall take possession of the Premises subject to such Phase I ESA and other environmental assessments performed pursuantto this Section. 3.4.3.Termination Related to Environmental Assessments.Notwithstanding any other provision,OCPRC may terminate this Agreementprior to the end of the Transition Period,if OCPRC is not satisfied with the condition of the Premises as evidenced by the Phase I ESA or other environmental assessment performed pursuant to this Section. 4.PARK GOVERANCE &OPERATIONS. 4.1.Agreement Administration.The City Mayor or their successoror their written designee is the City’s Agreement Administrator (hereinafter “the City’s Representative”).The OCPRC Director or their successor or their written designee is Page 5 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) OCPRC’s Agreement Administrator (hereinafter “OCPRC’s Representative”).Each Party must notify the other of their written designees. 4.2.Disputes.All disputes arising underor relating to the interpretation,performance,or nonperformance of this Agreement involving or affecting the Parties shall first be submitted to the City Representative and the OCRPC Representative for possible resolution.If the City Representative and the OCPRC Representative cannot resolve the dispute,then the dispute shall be submitted to the signatories (or their successors)of this Agreementfor possible resolution. 43.Park Management and Operations.Except as otherwise provided by this Agreement, OCPRC shall manage and operate the Park in a mannerconsistent with other OCPRC Parks,OCPRCpolicies,the OCPRC 5-Year Parks and Recreation Master Plan (“OCPRC Master Plan’),and the plans and programsset forth and described herein.The OCPRC Master Plan can be found on the OCPRC website and includes the following core values: (a)Diversity,Equity,and Inclusion,(b)Health and Wellness,(c)Environmental Sustainability and Natural Resource Stewardship,and (d)Fiscal Responsibility and Organizational Excellence.OCPRCshall manage and operate the Park with OCPRC staff, volunteers,and contractors. 4.4.Park Improvement Projects.OCPRCshall be responsible to provide and perform (either directly or through third parties)improvements for the Park.This responsibility and the costs associated therewith shall be addressed in the plans and programsset forth and described herein.All Capital Improvement Projects shall become an integral part of the Premises and shall be owned by the City.No Capital Improvement Projects shall occur without the prior written approval of the City’s Representative,unless such Capital Improvement Project was included in the CIP. 4.5.Park Maintenance/Repairs.OCPRC shall be responsible to provide and perform (either directly or through third parties)maintenance and repairs for the Park.This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. 4.6.Park Utilities and Services.OCPRC shall be responsible to provide the utilities and services,it deems necessary for the operation of the Park.The provision of and costs for the utilities shall be set forth in the plans and programs set forth and described herein. However,OCPRC shall not authorize or approve any easements or other encumbrances to,on,or across the Park or the Premises. 4.7.Park Action Plan.By November 30,2023,OCPRCshall create a Park Action Plan.The Park Action Plan shall be created pursuant to OCPRC’s current policies and procedures, but shall include provisions related to Hawthorne Park contained in the 2021-2025 Pontiac Parks and Recreation Master Plan.Once completed,OCPRCshall submit the Park Action Plan to the City Representative for comments and recommendations.The Park Action Plan shall not be approved or implemented by OCPRC without prior written approval by the City Representative and a majority vote of the City’s City Council.The City Representative shall submit its comments and recommendations to the OCPRC Representative within thirty (30)Days of receipt of the Master Plan.OCPRC Representative shall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations.The Park Action Plan shall not be approved or implemented by OCPRC without prior written approval by the City Representative and a majority vote of the City’s City Council. Page 6 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) 4.8. 4.9. 4.10. 4.11. 4.12. Notwithstanding any other provision,if the City Council does not approve the Park Action Plan by March 31,2024,the County may terminate this Agreement.Such termination shall not be deemed a breach or default of the City.Modifications to the Action Plan shall be codified according to the procedure set forth in this Section. Park Operations and Management Plan.When OCPRC deemsnecessary,OCPRC shall create a Park Operations and Management Plan (“POMP”),addressing Park operations and forecasting Park maintenance projects for a five (5)year period.Except as otherwise provided by this Agreement,the POMP shall be created pursuant to OCPRC’s current policies and procedures.Once completed,OCPRCshall submit the POMPto the City Representative for comments and recommendations.The City Representative shall submit its comments and recommendations to the OCPRC Representative within forty-five (45)Days of receipt of the POMP.If the City Representative does not respond within the forty-five (45)day period,then the City Representative is deemed not to have any comments or recommendations.OCPRCshall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations;however,OCPRCis not obligated to incorporate such comments and recommendations into the POMP.After receiving the City Representative’s comments and recommendations or passage of the forty-five (45)day period (whicheveris first),OCPRC shall commence to have the POMP adopted and implemented pursuantto its policies and procedures.Modifications to the POMPshall be codified according to the procedureset forth in this Section. Park Capital Improvement Plan.When OCPRC deems necessary,OCPRCshall create a Park Capital ImprovementPlan (“CIP”)forecasting Capital Improvement Projects for a five (5)year period.The CIP shall be created pursuant to OCPRC’s current policies and procedures andshall be included in OCPRC’s annual CIP.Once completed,OCPRC shall submit the CIP,applicable to the Park,to the City Representative for comments and recommendations.The Park Capital Improvement Plan shall not be approved or implemented by OCPRC withoutprior written approval by the City Representative.The City Representative shall submit its comments and recommendations to the OCPRC Representative within forty-five (45)Days of receipt of the CIP.OCPRCshall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations; however,OCPRCis not obligated to incorporate such comments and recommendations into the CIP.After receiving the City Representative’s written approval of the CIP, OCPRC shall commence to have the CIP adopted and implemented pursuantto its policies and procedures.Modifications to the CIP shall be codified according to the procedure set forth in this Section. Park Access/Parking.OCPRCshall be responsible to determine how Park patronswill access the Park (ingress to and egress from the Park).This responsibility and the costs associated therewith shall be addressed in the plans and programsset forth and described herein.In no event shall any resident of the City incur any fee or charge for entering the Park or Premises or for parking their car in or on the Park or Premises. Endangered Species.OCPRC acknowledges that the Premises or portions thereof may be subject to restrictions or closures,if endangered species are present. Park Rules.During this Agreement,the Park and Premises shall be subject to OCPRC Rules and Regulations and OCPRC policies and procedures,except as otherwise Page 7 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) 4.13. 4.14. 4.15. 4.16. 4.17. 4.18. 4.19. provided by this Agreement. Park Security.OCPRC shall work with the Oakland County Sheriff's Office or other law enforcement to develop a security plan for the Park.Once completed,OCPRC shall submit the security plan to the City Representative for comments and recommendations. The City shall submit its comments and recommendations to the OCPRC Representative within forty-five (45)Days of receipt of the security plan.If the City Representative does not respond within the forty-five (45)day period,then the City Representative is deemed not to have any comments or recommendations.OCPRCshall review and consider the City Representative’s comments and recommendations and shall endeavor to address all comments and recommendations;however,OCPRCis not obligated to incorporate such comments and recommendations into the security plan.Security for the Park or Premises shall be provided by OCPRCsolely at the expense of the OCPRC.Anyroutine, scheduled,or non-emergency services that may be provided to the Park or Premises shall be paid for by OCPRCor the County at their sole expense,and such services shall not be provided by the Oakland County Sheriff's Office by utilizing personnel contracted for by the City pursuantto its contract(s)with the Oakland County Sheriff's Office.Nothing in this paragraph should be construed as preventing or prohibiting Oakland County Sheriff's Office deputies contracted by the City from driving through the Park if they are on a routine patrol. Signs.OCPRC shall be responsible for and is permitted to erect signs to identify the Park and features/structures located therein and to erect other signs that are typical and/or necessary at a public park of this nature.OCPRC shall seek the City’s input regarding the design of any new sign at the entrance to the Park.OCPRC shall allow the existing City park sign to remain in its current location and shall allow the City to maintain, repair,or replace the existing city park sign,as needed. Volunteers.OCPRC will use volunteers at the Park in various capacities,including existing volunteers and volunteer groups.All volunteers providing volunteer service at the Park shall become part of OCPRC’s volunteer program. Future Real Property Acquisition.OCPRCshall use its best efforts to assist the City with the acquisition of approximately 18.96 acres of real property (with the current Tax Identification Numberof 14-18-201-011)abutting the Park.These efforts may include assistance with grant applications,funding assistance,and other services related to the acquisition of real property.If acquired,such real property shall be owned bythe City,but shall be added to and included in this Agreement by way ofan Agreement Amendment. Sponsorship of Events/Programs at Park by Third Parties.Without approval from the City,OCPRC maysolicit or accept sponsorship of events/programs at the Park by third- parties,pursuant to OCPRC’s policies and procedures. Use of Park by Third Parties.Notwithstanding any other provision in this Agreement, OCRPC maylicense use of the Park to third parties for events or programs,without approval from and notification to the City.OCPRCshall allow such use via written agreement with the third party,pursuant to OCPRC’s policies and procedures andshall makeits best efforts to notify the City of such events and programsin writing.To avoid scheduling conflicts at the Park,all third parties desiring to use the Park for events or programsshall schedule such use through OCPRC. Use of Park by the City.The City may use the Park for City-sponsored community- wide events or programs at no cost,charge,or fee,if such use does not conflict with Page 8 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) scheduled events or programs.To avoid scheduling conflicts at the Park,the City shall reserve use of the Park for its events or programs,through OCPRC.The City shall be responsible for all costs associated with the setup,operation,and cleanup of such events or programs. PARK FINANCES. Dols 5.2. 3.3% 5.4. 5.5. Initial OCPRC Investment.The County shall make an initial investmentof,not less than one million five hundred thousand dollars ($1,500,000.00),for Park operations, management,planning,maintenance,and improvements(“Initial Park Investment”). Establishment of Park Fees &Charges.OCPRC shall establish all Park Fees and Charges at the Park.The Park Fees and Charges shall be created,adopted,and implemented pursuant to OCPRC’s current policies and procedures.Notwithstanding any other provision in this Agreement,at no time shall City Residents and Oakland County Residents be charged a fee for entry into the Park or the Premises or for parking at the Park or on the Premises. Park Revenue.Subject to applicable law,all Park Revenue shall be paid to OCPRC and shall be deemed OCPRC’s.OCPRC shall record the monies of all Park Revenue according to generally accepted accounting principles and in a manner similar to how OCPRC records other revenue it collects and receives. Annual Accounting and Audits.OCPRCshall provide the City with an annual accounting ofPark Revenue consistent with OCPRC’s policies and procedures.The City has the right to annually review and audit OCPRC’s records related to Park Revenue. Park Grants.The Parties shall use their best efforts to work together to secure grant funding for Park expansion,development,improvements,operation,and maintenance. OCPRCshall be responsible for applying for and managing grants related to the Park. ASSURANCES/LIABILITY/INSURANCE. 6.1. 6.2. 6.3. 6.4. 6.5. Title to Premises.The City warrants that it has fee simple title to the Premises and the authority to enter into this Agreement.The City,at its sole expense,shall defend (including paymentof attorney fees)OCPRC against any Claim challenging the City’s right to execute this Agreement or OCPRC’s use of the Premises as set forth herein. Liability for Claims.Except as otherwise provided herein,each Party shall be responsible for any Claims made against that Party by a third-party and for the acts or omissions of its employees,volunteers,officers,or officials arising underor related to this Agreement. Liability for Claims Prior to the Agreement Effective Date.The City shall be solely responsible for and shall defend (including paymentof attorney fees)OCPRC against,at the City’s sole expense,any Claim that occurred prior to the Effective Date or that was incurred but not reported prior to the Effective Date. Liability for Environmental Matters.Notwithstanding any other provision,OCRPC shall not be responsible to perform or pay for remediation or clean-up of any environmental contamination on or around the Premises,which existed on the Premises prior to the Effective Date and/or discovered by the Phase I ESA or any other environmental assessments performed pursuantto this Section 3. Legal Representation.Except as provided herein,each Party shall seek its own legal representation and bear the costs associated with such representation,including judgments Page 9 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) 6.6. 6.7. 6.8. 6.9, 6.10. 6.11. 6.12. and attorney fees,for any Claim that may arise from the performance of this Agreement. Responsibility for Costs/Fines/Fees.Each Party shall be solely responsible forall costs, fines and fees associated with any acts or omissions by its employees,volunteers,officers, or officials arising underor related to this Agreement. No Indemnification/Reimbursement.Except as otherwise provided for in this Agreement,neither Party shall have any right under this Agreement or under any other legal principle to be indemnified or reimbursed by the other Party or any of its agents in connection with any Claim. Governmental Function/Reservation of Rights.Performance of this Agreementis a governmental function and governmentservice.This Agreementdoes not,andis not intended to,impair,divest,delegate,or contravene any constitutional,statutory,and/or other legal right,privilege,power,obligation,duty,or immunity of the Parties.Nothing in this Agreement shall be construed as a waiver of governmental immunity. Limitation of Liability.In no event shall either Party be liable to the other Party or any other person,for any consequential,incidental,direct,indirect,special,and punitive or other damages arising out of this Agreement. Insurance. 6.10.1.Except for the insurance set forth in Section 6.10.2 and Section 6.10.3,this Agreement does not require either Party to obtain insurance to cover loss exposures associated with this Agreement and the Park.Each Party is solely responsible to determine whetherit will obtain insurance,and in what amounts, to cover loss exposures associated with this Agreement and the Park. 6.10.2. If the City purchases a special event insurance policy for use the Premises,for whatever reason,then the City shall name the County andits boards, commissions,elected and appointed officers/officials,employees,and volunteers as “additional insureds”on suchpolicy. 6.10.3.The City,at its sole cost,shall obtain real property insurance for existing buildings and structures located on the Premises and for any future buildings and structures located on the Premises whether built by the City or OCPRC.Ifa building or structure that is covered by the City’s real property insurance is damaged or destroyed,OCPRC shall repair or replace the building or structure and the City shall remburse OCPRCforall costs associated with the repair or replacement of such building or structure.OCPRC shall invoice the City for the costs of the repair or replacement and the City shall paid such invoice within thirty (30)calendar Days. Waste.OCPRCshall not commit or allow to be committed any waste or nuisance on the Premises and will not use,or allow the Premises to be used,for any unlawful purpose. Compliance with Laws. 6.12.1.OCPRC shall comply with all applicable federal,state,or local laws,regulations, rules,and ordinances related to the operation,management,planning,maintenance, and improvementof the Premises and Park.OCPRCshall obtain any necessary permits regarding its use of the Premises. 6.12.2.OCPRC acknowledges that any violations of the federal,state,or local regulations Page 10 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) 6.13. or convictions of any resource violations may be considered a default by OCPRC and the City may terminate this Agreement,as provided herein. 6.12.3.The Parties acknowledge that the Initial Park Investment are monies from the Coronavirus Local Fiscal Recovery Fund allocated to the County pursuant to the American Rescue Plan Act of 2021.The County has determined that the work to be performed with the Initial Park Investment are governmentservices that fit into the loss revenue eligible use category under the Department of Treasury Final Rule implementing the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan of 2021. 31 CFR §35.6(d)(2023). Authorization.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 bindthe Parties to the terms and conditions contained herein. GENERAL TERMS AND CONDITIONS. Tel: 7.2. 7.3. 7.4. 7.5. 7.6. Tals No Interest in Premises.Through this Agreement,OCPRC shall havenotitle interest in and/or to the Premises or any portion thereof and hasnot,does not,and will not claim any suchtitle or any easement over the Premises. Delegation or Assignment.Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party.For purposes of this Section,consent for the County shall be given by the OCPRC Directoror his/her successor and consentfor the City shall be given by the City Representative. No Employee-Employer Relationship.Nothing in this Agreementshall be construed as creating an employer-employee relationship between County and the City. No Third Party Beneficiaries.Except as provided for the benefit of the Parties,this Agreement does not andis not intended to create any obligation,duty,promise, contractual right or benefit,right to indemnification,right to subrogation,and/or any other right in favor of any other person or entity. No Implied Waiver.Absent a written waiver,no act,failure,or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement.No waiver of any term,condition,or provision of this Agreement,whether by conductor otherwise,in one or more instances shall be deemed or construed as a continuing waiver of any term, condition,or provision of this Agreement.No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. Severability.If a court of competentjurisdiction finds a term or condition of this Agreementto be illegal or invalid,then the term or condition shall be deemed severed from this Agreement.All other terms,conditions,and provisions of this Agreement shall remain in full force. Captions.The section and subsection numbers,captions,and any index to such sections and subsections contained in this Agreementare intended for the convenience of the reader and are not intended to have any substantive meaning.The numbers,captions,and indexes shall not be interpreted or be considered as part of this Agreement.Any use of the singular or plural,any reference to gender,and any use of the nominative,objective or possessive Page 11 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) 7.8. 19. 7.10. TALL. 712. case in this Agreement shall be deemed the appropriate plurality,gender or possession as the context requires. Force Majeure.Notwithstanding any other term or provision of this Agreement,neither Party shall be liable to the other for any failure of performance hereunderif such failure is due to any cause beyondthe reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause.Such cause shall include,without limitation,acts of God,floods,fire,explosion,vandalism,national emergencies,insurrections,riots,wars,strikes,lockouts,work stoppages,other labor difficulties,or any law,order,regulation,direction,action,or request of the United States governmentor of any other government.Reasonable notice shall be given to the affected Party of any such event. Notices.Notices given under this Agreementshall 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 followingfirst occur:(i)the date of actual receipt;(ii)the next business day when notice is sent express delivery service or personal delivery;or (iii)three days after mailing certified U.S.mail. 7.9.1.If Notice is sent to County,it shall be addressed and sent to:OCPRC Director,2800 Watkins Lake Road,Waterford,Michigan 48328 and the Chairperson of the Oakland County Board of Commissioners,1200 North Telegraph Road,Pontiac, Michigan 48341. 7.9.2.If Notice is sent to the City,it shall be addressed and sent to the City Clerk,47450 Woodward Avenue,Pontiac,Michigan 48342 and the City Mayor,47450 Woodward Avenue,Pontiac,Michigan 48342. 7.9.3.Either Party may change the individual to whom Notice is sent and/or the mailing address by notifying the other Party in writing of the change. Governing Law/Consent To Jurisdiction And Venue.This Agreementshall be governed,interpreted,and enforced by the laws of the State of Michigan.Exceptas otherwise required by law or court rule,any action brought to enforce,interpret,or decide any Claim arising underor related to this Agreementshall 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 properin the courts set forth above. Counterparts.This Agreement may be executed in any numberof counterparts,each of which shall be deemed an original agreement,but all of which together shall constitute one Agreement.Copies (photo,fax,or electronic)of signatures to this Agreement will be deemed originals and may be relied on to the sameextent as originals. Entire Agreement.This Agreement and the referenced Affidavit represents the entire agreement and understanding between the Parties regarding the maintenance,operation, and managementof the Park and the Premises.This Agreement and the referenced Affidavit supersedeall other oral or written agreements between the Parties regarding that subject matter.The language of this Agreementshall be construed as a whole according to its fair meaning,and not construed strictly for or against any Party. Page 12 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION) IN WITNESS WHEREOF,Tim Greimel,Mayor,City of Pontiac,has been authorized by a resolution of the City,to execute this Agreement. EXECUTED:Soee DATE:June /%,a7a3 Tim Greimel,Mayor City of Pontiac ; pate:June \4,0093| IN WITNESS WH F,David T.Woodw:i n,Oakland County Board of Commissioners, has been authorized by resolution of the/O oard of Commissioners to execute this Agreement. EXECUTED (Ln) David T.Woodward,Chairperson nar bf Bz.2S 3 Oakland County Board Commissioners 4 WITNESSED:4),DS DATE:(,/22 /23 Geas—7 -‘ ic i EXECUTED:Loos te a Le DATE:¢€/23/47 Gary McGillivray,Chairpérson ~/ Oakland County Parks and Recreation Commissi WITNESSED:Ar pare._@/23/2Ce‘ES:Page 13 of 13 CITY OF PONTIAC PARK -INTERLOCAL AGREEMENT (FINAL VERSION)