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HomeMy WebLinkAboutAgendas/Packets - 2023.05.03 - 40435OAKLAND COUNTY PARKS AND RECREATION COMMISSION Regular Monthly Meeting Agenda Parks Commission Room - 2800 Watkins Lake Rd, Waterford 48328 Wednesday, May 3, 2023 @ 2:00 pm Gary McGillivray, Chairperson Call Meeting to Order Roll Call Pledge of Allegiance Approval of Agenda Approval of Minutes - April 4, 2023 Public Comment PRESENTATIONS/RECOGNITIONS: A Staff Introduction - Jamar Bray B Staff Introduction - Kevin Syoen C 2023 Aquatic Facility Opening COMMUNICATIONS/REPORTS: D Parks Environmental Sustainability Committee Report REGULAR AGENDA: 1 Fair Board Agreement - Amendment (SAC Paving) 2 Waterford Oaks BMX Volunteer Association License Agreement 3 Natural Resources Stewardship Community Projects 4 HUD Grant Approval - Farmer's Market Project 5 Interlocal Partnership Agreement with the City of Pontiac for Hawthorne Park (ARPA) 6 Grant Agreement with the City of Pontiac for Crystal Lake Park Revitalization Project (ARPA) UNFINISHED BUSINESS: NEW & MISCELLANEOUS BUSINESS: 7 Director's Report 8 Executive Committee Update ACTION PRESENTER(S) Informational Desiree Stanfield / 705-4108 Informational Chris Ward / 858-4944 Informational Erik Koppin / 909-7702 ACTION PRESENTER(S) Informational Sarah Cook-Maylen / 343-1353 ACTION PRESENTER(S) Approval & Fwd to BOC Zachary Crane / 240-1079 Approval Erik Koppin / 909-7702 Approval & Fwd to BOC Sarah Cook-Maylen / 343-1353 Approval & Fwd to BOC Melissa Prowse / 249-2801 Approval & Fwd to BOC Chris Ward / 858-4944 Approval & Fwd to BOC Chris Ward / 858-4944 ACTION PRESENTER(S) ACTION PRESENTER(S) Informational Chris Ward / 858-4944 Informational Gary McGillivray / 709-0359 ANNOUNCEMENTS ADJOURNMENT TO: June 7, 2023 at 2:00 p.m. or to the Call of the Chair Public Access Information If you require special accommodations because of a disability, please contact the Parks & Recreation Department at (248) 858-0906, Ext. 9, at least three (3) business days in advance of the meeting. View Recorded Meetings Here: I View Agenda Packets/Minutes Here: httDs://www.voutube.com/Dlavlist?list=PLKv6lUWH41JEASENDEwihoPSueR6nFVXD httDS://www.oakeov.Com/Darks/getinvolved/Pages/Parks-Commision.asDx RETURN TO AGENDA OAKLAND COUNTY PARKS AND RECREATION COMMISSION 2800 WATKINS LAKE ROAD, WATERFORD, MICHIGAN 48328 Telephone: (248) 858-0906 J. David VanderVeen REGULAR MEETING Vice Chairman Gary R. McGillivray, Chairman Ebony Bagley Secretary April 4, 2023 Christine Long Amanda Herzog Andrea LaFontaine Jim Nash Nancy Quarles Yolanda Smith Charles Lance Stokes Vice Chairman VanderVeen called the meeting of the Oakland County Parks and Recreation Commission to order at 2:00 p.m. in the Parks Commission Room. COMMISSION MEMBERS PRESENT: J. David VanderVeen, Ebony Bagley, Jim Nash, Nancy Quarles, Yolanda Smith Charles, Lance Stokes COMMISSION MEMBERS ABSENT WITH NOTICE: Gary R. McGillivray, Christine Long, Amanda Herzog, Andrea LaFontaine OTHERS PRESENT: PARKS AND RECREATION COUNTY EXECUTIVE OFFICE APPROVAL OF AGENDA Chris Ward, Director Jim Dunleavy, Manager -Operations Melissa Prowse, Manager -Planning & Development Sarah Cook-Maylen, Chief -Environmental Sustainability & Planning Zach Crane, Supervisor -Parks Engineering & Development Tom Hughes, Chief -Park Operations & Maint. — North District Erik Koppin, Chief -Park Operations & Maint. — South District Aaron Stepp, Chief -Business Operations Mark Adams, Project Manager Engineer Zach Zuchowicz, Health & Wellness Coordinator Desiree Stanfield, Supervisor -Marketing & Communications Donna Folland, Supervisor -Planning Stephanie Mackey, Supervisor -Operational Development Sean Zera, Natural Resources Program Coordinator Jami Monte, Staff Assistant Simon Rivers, Associate Planner Jess Whatley, Associate Planner Lindsey Scupholm, Natural Resources Specialist Tyler Slater, Natural Resources Specialist Shayla Toins, Organizational Development Project Coordinator Shannon Kenny, Technical Office Specialist Julie Lyons Bricker, Sustainability Project Manager Stokes moved to approve the agenda, as presented. Seconded by Quarles. Motion carried on a voice vote. APPROVAL OF MINUTES Smith Charles moved to approve the March 1 and March 13, 2023 Regular meeting minutes, and the March 13, 2023 Closed Session meeting minutes, as presented. Seconded by Nash. Motion carried on a voice vote. April 4, 2023 Page 2 PUBLIC COMMENT Ms. Mackey introduced Shayla Toins as the new Operational Development Project Coordinator. PRESENTATIONS/RECOGNITIONS A. Staff Introduction — Zach Zuchowicz Mr. Ward introduced Zach Zuchowicz as the new Health & Wellness Coordinator. B. Staff Introduction — Tyler Slater Ms. Cook- Maylen introduced Tyler Slater as a new Natural Resources Specialist. C. Staff Introduction — Lindsey Scupholm Ms. Cook- Maylen introduced Lindsey Scupholm as a new Natural Resources Specialist. D. Staff Introduction — Sean Zera Ms. Cook-Maylen introduced Sean Zera as a new Natural Resources Program Coordinator. E. Oakland County Sustainabilitv Office — Julie Lyons Bricker Ms. Cook-Maylen introduced Julie Lyons Bricker, Sustainability Project Manager, who works in the County Executive's Office with Erin Quetell, Environmental Sustainability Officer. COMMUNICATIONS/REPORTS F. Doq Park Study Ms. Folland provided a brief overview of the Dog Park Study. REGULAR AGENDA ITEMS 1. Springfield/Lyon Cart Path Replacement Smith Charles moved to approve the Springfield/Lyon Cart Path Replacement, as presented. Seconded by Nash. Motion carried on a roll call vote with Stokes voting no. 2. Sprinafield Livestock Barn Fan Proiect Smith Charles moved to approve the Springfield Livestock Barn Fan Project, as presented. Seconded by Bagley. Motion carried unanimously on a roll call vote. 3. 2023 OCPR Rules and Reaulations Nash moved to approve the 2023 OCPR Rules and Regulations, as presented. Seconded by Bagley. Motion carried unanimously on a roll call vote. 4. Mill Pond Dam Aareement — First Amendment Smith Charles moved to approve the Mill Pond Dam Agreement — First Amendment, as presented. Seconded by Bagley. April 4, 2023 Page 3 Motion carried unanimously on a roll call vote. 5. Farmers Market Update & Request to Negotiate / ED&I Ms. Prowse requested to amend the motion as follows: Move to direct staff to request authorization to negotiate the sale or lease of real property from the Economic Development & Infrastructure Committee of the Oakland County Board of Commissioners, and to direct staff to release an RFP for a feasibility and market analysis. Smith Charles moved to approve the Farmers Market Update & Request to Negotiate / ED&I, as amended. Seconded by Nash. Motion carried unanimously on a roll call vote. 6. Roval Oak Township License Aqreement - ARPA Quarles moved to approve the Royal Oak Township License Agreement - ARPA, as presented. Seconded by Bagley. Motion carried unanimously on a roll call vote. 7. Hazel Park License Agreement - ARPA Bagley moved to approve the Hazel Park License Agreement - ARPA, as presented (the Commission notated a typo in the Memo stating a not to exceed amount of $300,000 and authorized the correction to $400,000 as stated in Exhibit A). Seconded by Stokes. Motion carried unanimously on a roll call vote. UNFINISHED BUSINESS None. NEW & MISCELLANEOUS BUSINESS 8. Director's Report Director Ward provided an overview of his report. ANNOUNCEMENTS/ADJOURNMENT Commissioner Smith Charles is interested in learning more about Oakland County Parks' indoor recreation policies and will come back with more information as to what she would like staff to study. Commissioner Stokes expressed concern with the railroads near our parks and would like to see barriers put in for protection in the event of an accidental spill of hazardous materials. Mr. Ward will contact Thom Hardesty, Director of Emergency Management and Homeland Security, to discuss options. At 3:18 p.m., there being no further business to come before the Commission, the meeting was adjourned to May 3, 2023, or to the Call of the Chair. April 4, 2023 Page 4 Ebony Bagley, OCPRC Secretary Jami Monte, Recording Secretary NOTE: The foregoing minutes are subject to Commission approval. RETURN TO AGENDA KLAND COUNTY PARKS Great-ParAs for Great people Memo To: Parks and Recreation Commission From: Sarah Cook-Maylen, Chief of Environmental Sustainability and Natural Resources Date: April 24, 2023 Re: May Environmental Sustainability Report The Environmental Sustainability Committee met on April 25t" and discussed upcoming grant opportunities for EV charging stations, 2023 and 2024 Capital Improvement and Major Maintenance projects, the implementation of the OCPR staff Green Team, and Sustainability considerations for the proposed farmers market locations. The May Sustainability Scorecard is below along with a reminder of the evaluation system. 1. Environmentally sustainable options were considered for this project and the most sustainable options were integrated. 2. Environmentally sustainable options were considered for this project and some of the options were integrated. 3. Environmentally sustainable options were considered for this project but were not feasible. 4. Sustainable options were neither considered nor integrated into this project. 5. Sustainability options are not relevant for this item. _REGULAR AGENDA: 1 Fair Board Agreement - Amendment (SAC Paving) 2 Waterford BMX License Agreement 3 Natural Resources Stewardship Community Projects 4 City of Pontiac Operating Agreement (Hawthorne Park) 5 City of Pontiac Grant Agreement (Crystal Lake Park) 6 HUD Grant Approval - Farmer's Market Project Environmental Sustainabilitv Score- 4 5 1 5 5 5 RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 1 Department: Engineering & Development From: Zach Crane, Supervisor of Engineering and Development Subject: Fair Board Agreement - Amendment (SAC Paving) INTRODUCTION AND HISTORY The Oakland County 4-H Fair Association requests to recycle, reclaim, renovate, and/or expand several road and parking hardscape areas at Springfield Oaks to enhance safety and enjoyment of Springfield Oaks County Park. The Oakland County 4-H Fair Association has submitted a Michigan Department of Agriculture and Rural Development (MDARD) — County Fair Capital Improvement Grant in the amount of $100,000. The Oakland County 4-H Fair Association will pay for all costs associated with the project including pre -construction activities, project management, permits and site inspections. The approximate total value of the project is $214,000. Description of the pavement improvements are as follows; (See attachment A — Exhibit A for additional information) Main Entrance pavement extension (Yellow area) 17,200 sqft Main Street pavement replacement and extension (Black & Red Area) 9,500 sqft Internal Barn pavement replacement (Green Area) 10,200 sqft Main Entrance Road pavement extension to Ellis Barn (Orange Area) 18,600 sqft Total pavement improvements 55,500 sqft OCPR Staff have been involved in the planning and design of the project, reviewed the proposed plans, and have no issues with proposed project. The project will become part of the county facility and incorporated into the OCPRC asset management plan for future maintenance. To accomplish this Project, the 6th Amendment to the existing Agreement must be executed, which is attached to this agenda item. STAFF RECOMMENDATION Staff recommends approving the attached 6th Amendment to the Oakland County 4-H Fair Association Agreement and forwarding to Oakland County Board of Commissioners for approval, pending MDARD grant award to the Oakland County 4-H Fair Association. MOTION Move to approve the 6th Amendment and forward to BOC for approval. SIXTH AMENDMENT TO THE AGREEMENT BETWEEN OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND OAKLAND COUNTY 4-H FAIR ASSOCIATION This Sixth Amendment (6th Amendment) is entered on [INSERT DATE], between the County of Oakland, by and through its statutory agent the Oakland County Parks and Recreation Commission ("OCPRC'), located at 2800 Watkins Lake Road, Waterford, MI 48328 and the Oakland County 4-H Fair Association ("Association"), located at 12451 Andersonville Road, Davisburg, MI 48350. BACKGROUND A. The Parties entered into an Agreement on January 1, 2017 that provided for the following: (1) lease of the Springfield Oaks Administrative Building/Building E; (2) Cooperative Fair Agreement; (3) license for indoor vehicle/boat storage; and (4) license for use of Springfield Oaks Activity Center Kitchen (hereinafter "Original Agreement"). B. The Parties have entered into three amendments: (1) the 1st Amendment on May 25, 2017 for the re -paving of certain grounds at the Springfield Oaks Activity Center; (2) the 2nd Amendment on April 19, 2018 to assist with the costs and labor associated the Springfield Oaks Activity Center water quality project, which included the following: (a) drilling of a new well; (b) electrical work to operate the new well; and (c) construction of a new well house; (3) the 3rd Amendment on December 18, 2020 for improvements to the heating, ventilation, and air conditioning system for the Springfield Oaks Activity Center; (4) the 0 Amendment on May 20, 2022 for repair and improvements to the George M. Hager Memorial Garden on the grounds of Springfield Oaks County Park; and (5) the 5th Amendment for ceiling fans inside the Livestock Barn. C. The Original Agreement, 1st Amendment, 2nd Amendment, 3rd Amendment, 0 Amendment, 5d' Amendment, and the 6th Amendment shall be collectively referred to as the "Agreement." D. The Association and OCPRC desire to recycle, reclaim, renovate, and/or expand certain portions of existing asphalt pavement at Springfield Oaks Park to enhance safety and enjoyment of the Park (hereinafter "Project"). E. The Association has offered to pay for all costs associated with the Project including any permits and licenses, with an approximate total value of Two Hundred and Fourteen Thousand Dollars ($214,000.00). F. In consideration of the mutual covenants and benefits contained herein, the Parties agree as follows: 6th AMENDMENT §1. Background. All statements contained in the "Background" are incorporated into the 6th Amendment. §2. Description of Project. The Project shall consist of the following work: Pagel of 2 Oh Amendment Draft 04-19-23 Recycle, reclaim, renovate, and/or expand certain portions of existing asphalt pavement at Springfield Oaks Park to enhance safety and enjoyment of the Park as described and depicted in Exhibit A to this 61h Amendment. Exhibit A is incorporated into this 6'h Amendment. 2.1. Once installed, the Project shall become the property of OCPRC. §3. Proiect Responsibilities. 3.1. The Association shall perform all work associated with the Project. 3.2. The Association shall have all Project plans approved by OCPRC Staff before work is started. 3.3. The Association shall pay for all costs associated with the Project. There shall be no costs to OCPRC for this Project. 3.4. Once completed, the Project will be incorporated into OCPRC asset management plan for future maintenance. §4. Continuation of Agreement Terms and Conditions. All other terms and conditions of the Agreement shall continue with full force and effect, except as modified herein. §5. Entire Agreement. The Original Agreement and the 1st, 2na, 3ra, 4th, 5th, and 6' Amendments constitute the entire agreement and understanding between OCPRC and Association and supersede all other prior oral or written understandings, communications, or agreements between OCPRC and Association. THE COUNTY OF OAKLAND: David T. Woodward, Chairperson, Date Oakland County Board of Commissioners THE OAKLAND COUNTY 4-H FAIR ASSOCIATION: By: Date Page 2 of 2 Oh Amendment Draft 04-19-23 EXHIBIT A 2023 Asphalt Renovation and Expansion Project Application Date: 03/15/2023 Oakland County 4-H Fair Association EXHIBIT A FORMA County Fair Capital Improvement Grant Organization name (no abbreviations): Oakland Countv 4-H Fair Association Contact person: LC Scramlin (Note: All mailings will be sent to the organization in care of the contact person via email. Please make sure the email address listed below is accurate.) Signature: `--' >?�v� Work phone. 248-634-8830 Home phone: 248-894-5558 Email address: info0oakfair.ore Street address: 12451 Andersonville Rd., City: Davisburg State: MI Zip Code: 48386 Type of organization: County Fair: X Regional Fair: Sigma Vendor/Customer ID: CV0131041 If your fair is not registered with the State of Atiehigan as a vendor or customer, please visit Michigan.gov/SIG-WWSS to register or call (888) 734-9749. Federal I.D. number: 38-2251755 Fair Grant/Project Administrator: Sara Ressler Signature:-"'.' Work phone: 248-634-8830 Home phone: 586-484-8514 Email address: sressler@oakfair.ore Title of project: 2023 Asphalt Renovation and Expansion Total grant amount requested: $100,000.00 EXHIBIT A FORM B Performance Measurement Application Supplement What is the anticipated increase in the following categories related to the completion of this capital improvement project at the fair? (Compare to the most recent three-year average) Overall Fair Attendance Overall Non-Fair/Off-Season Attendance Number of Non -Fair events held on the fairgrounds Gross Revenue Non-Fair/Off-Season Revenue Most Recent 3-Year Average 106180 169,000 40 $1101834 $112753 Anticipated increase related to this project 5% 5% 5% 5% 5% For new construction/expansion projects, what is the useful life of the project? years For renovation projects, what is the useful life extension because of the project? 30 years Indicate the category that best encompasses the project (choose the most appropriate category): Public Safety/Security (Fencing, Lighting, Sound System, etc.) Public Health (Utility Infrastructure, Restrooms, etc.) X General Fair Infrastructure (Misc. Structures, Roadwork, Sidewalks, etc.) Other: (i.e. All Non -Fair Activity Improvements, Campsite Improvement, etc.) How will the proposed project, and related grant funds, support the mission of your fair? (2-3 Sentences in the space below.) The Oakland County 4-H Fair Associations' mission is to provide a public educational showcase. Maintaining our facility is paramount in providing that showcase. Sidewalks and driveways are a necessity for the general public to access the activities and showcase the projects of our youth. I agree to provide post -project values for all data requested above as well as additional related details outlined in the final agreement. (Check box to indicate agreement) If fairgrounds are leased, attach a copy of the current lease agreement. EXHIBIT A 2023 MDARD Grant Proposal 2023 Asphalt Renovation and Expansion Project Project Goals The 2023 Asphalt Renovation and Expansion Project will expand and replace several paved areas at the Oakland County Fair. It will enhance the safety and enjoyment of fair patrons, volunteers, vendors and off- season grounds users for weddings and other festival events. It includes changes which provide a more efficient traffic pattern at the entrance, provide a safer collection area for our parking attendants, extend our primary driveway to our handicap parking area, as well as deliver an improved walking surface for our patrons and an expanded hard surface for our vendors during our event and other events throughout the year. Project bleed A portion of the project is to repave existing pavement. The current asphalted drive was installed in 1992, making this drive 31 years old. With the average life expectancy of asphalt driveways being 25 to 30 years, it has come to the end of its time, as illustrated by the pictures below. The areas pictured above reflect the green and black areas on the project diagram in the improvement description. This is the Main Street of our fairgrounds. The other three areas being paved are currently dirt. EXHIBIT A The area in yellow is where our gate attendants collect admission. Currently this area is dirt and very difficult to mark lanes. This makes it difficult for our patrons entering the grounds to know how many lanes there are and how they should proceed. At peak times this significantly decreases the number of cars per hour our attendants can process. This also creates a potentially hazardous situation for parking attendants and traffic back-ups onto the public roadway in front of the fairgrounds. The area in orange is the driveway from the entrance to handicap parking and goes directly past the Ellis Barn, a historical landmark located on the grounds. The current gravel road allows traffic to generate dust which enters the Ellis Barn, an off-season wedding venue. It also needs regular maintenance to smooth out ruts and potholes, a normal condition for gravel roads. The red area is a widening of the fair Main Street. This area currently collects significant water during rainstorms, leaving the vendors set up in that area in mud. This has damaged vendor inventory and reduced their business as patrons are unwilling to enter the vendor space when it is muddy. Project Objectives • Improve the safety of patrons and volunteers at the entrance by making the incoming traffic lanes more efficient, decreasing the backups entering the fairgrounds and clearly indicating the parking fee collection area. • Enhance the off-season rental of the Historic Ellis Barn by decreasing the amount of dust generated by the dirt road and providing paved entry to its parking area. • Increase the satisfaction of fair and other event vendors by widening the Main Street to enable an asphalt surface for vendor set up, decreasing the loss of revenue and inventory due to mud during events. • Benefit all grounds users by restoring a smooth surface for the main walkway, making it a safer and more pleasant pedestrian experience. EXHIBIT A Black Repaving and Red Expansion Area — Total of 9,476 SF (6004 SF of existing) Work to be completed: • Recycle and reclaim existing asphalt pavement • Cut expansion area to allow for pavement section and place pulverized • Grade and compact new and existing gravel base • Place 4.0" of MDOT I l OOT/L-20AA asphalt • Install Concrete Collars around drains EXHIBIT A Green Repaving Area - Barn Access Road - 10,231 sf Work to be completed: • Recycle and reclaim existing asphalt pavement • Grade and compact pulverized material (excess material spread onsite for parking lot • roads) • Place 4.0" of MDOT 1100T/L-20AA asphalt Yellow Area Paving- Wide Entrance Drive - 17,158 sf Work to be completed: • Grade existing gravel base to allow for pavement • Place 4.0" MDOT 1100T/L-20AA asphalt Orange Area - Drive Extension - 18,622 sf Work to be completed: • Grade existing gravel base to allow for pavement • Place 4.0" MDOT 1100T/L-20AA asphalt Work plan January -April Finalize project April- June Finalize Funding June Schedule Installation June -August Installation- Target is to have completed prior to 2023 Fair (July 7-16) Budget Cost Preparation and Installation $214,000.00 Total Projected cost $214,000.00 This is based on an estimate from the installing company. See below for estimate. Income MDARD Grant $100,000.00 Discount from installers for doing project all at one time $30,000.00 Sponsorship $10,000.00 Oakland County Fair $74,000.00 EXHIBIT A M1 9633 Nartrsst es1 Court Page No. 1 of 2 Pages a.O. Box 1290 fan, Hamel] 1 229-5511 . Clarks on, TNII 48347-1290 YvUte Lake bfiLirard ` r; _ coNSTRUCTIOH (?48j15W2343 CJ (248) 675-9581 Lapeer !. s"=•{M ° Fax (248) 625-3360 The AlliedRdwanfage (810)'T97-m M.D.07. Pit tbLIF1ED viww.alliedasphalt-com Proposal Submitted To: 4H Fairgrounds -Oakland County Fair Date: January 16, 2023 I Estimate No.: M14 Atkin: LC 5cramlin Email: iI1f0iM0akf3ir.csrg Property Name: 4H Fairgrounds -Oakland County Fair Job Name: 4H Fairgrounds 2823 Paving REV 3 Address: 12451 Andersonville Rd Davisburg, Ml 48350 .lab Address: 12451 Ander5Gnville Rd Davisburg, MI 48350 Arohitecnt NIA I Date Of Plans: WA I Phone: 24@494-555glExt Mobile) We Propose homby to furpi-1 matEnA and labor - coW ete in accorcLmce math specifications below for the si i of All work terms and Cardtticns awe t ound by the attached General Authorized Condtuon6. All agreements ,are CmUngent upon S-Akes, acdtleniffi s, vreaer, Andrew Foster (248-431-1418) material shdtages, ar 00&)s be)wd our control. Any dedaidn from Signature spedlcallons requesled by lie owner snail beanie an extra tlttarge- All wart steal be carried out to a wortmanlike manner. Any warranty Wes not Note: This proposal may be arver gasorne or oil spills, kldlsfand or fire marks, cracks, Dee root cracks, withdrawn by us if not accepted within 30 days. rencitlw, cr3c$is, smaEl wafer and setting- InsvIed asphatt is guaranteed to be 96% puddle free. The owPrer ans&its and agrees tD pat ARM as demitoed In the attached ceneraf condltln-6. VAe here try sr&rikt spell -ons and eMTaMs fir. Black and Red Exoanaton Area -5.478 SF f64104 SF of exlsttriot Reqcte and reclari exlahng aspMrt pavement Cut expanVon area tD slow for pavement section and place gvlvr~rized materW Grade and compact new and existing gravel base Place 4.G' of M DOT 1100VL-20AA asphalt CDncrele Collars around drains Black and Red Expanalon Areas ToW. $45,402.72 Green Area - Barn Access RDaU - 10.231 of RECYW and recla_'rn exleting asphalt pavernen1 Grade and compact pule cruel material (excels material spread aerslte Tar parking lot roads) Place 4.G- of MDOT 110DT)L-2DAA aspl ft Green Area Sam Access Totat: $40,310.14 Yeti-aw Area - wide Entrance Drive - 17.158 aT Grade existing gravel base to all ax Tar pa:ernenl Place 4Jr MDOT TIDDTIL-20A.Aasphalt Yellow Area Wide Entrance Drive Total: $51,254.06 Grade existing gravel base to allckv Tor pavement Place411 MGOT 110DT1-20A.AaspMA orange Area DIIVe Extension Total: $s6,480.53 QUANTITY UNIT PRICE AMOUNT fi,D6k1.01) ST S0.&5 $2,01.40 3,472.00 ST 41m $3,472.00 9.476.00 ST 40.12 $1,t37.12 9,476.00 ST $3.45 $32,8c-+2m 4.0o e3 $6,0130.00 10,231.00 ST $D.35 $35EA.85 10,231.01) sf 40.14 $1,432.34 10,231.01) ST 43.45 $35,250.95 17,1E-7.00 sT 40,12 $2,0E3.96 17,1 `.4,00 ST 43.45 g-9,155.10 1a,m.m ST $13.12 U,224.84 18,622.01) ST $3A5 $E4,245.90 "Tr erd to be made as rofto c NET 30 Acceptance of Proposal-7bs x4aty pice:, gwiEmbms, cmdifim; sd =Khod panaal omd &m. ,uv atisfikctm- and ua boa'y aoc,�Fm3 You ua aAbcmxGa to do wCA a: spodEai Payer Wilt in MI& V. Date of Acceptance: Signal:L e: EXHIBIT A Fax {243} 635,3360 Tire Allied Advantage Lapeer Nkziov M_D.C.T. PREGUALrF:FD www.alfiedasphalt.com (810) 97-608G - Proposal Submitted To: 4H Fairgrounds - Oakland County Fair Date: January 16, 2023 Estimate No.: 20214 Attn: LC Scramlin Email info@oakfair.org Property Name: 4H Fairgrounds - Oakland County Fair Job Name: 4H Fairgrounds 2023 Paving REV 3 Address: 12451 Andersonville Rd Davisburg, MI 48350 Job Address: 12451 Andersonville Rd DavisbUrg, MI 4a350 firchitect: 1J1A Date Of Plans: IVA Phone: 248-894-5558(Ext: Mobile) We Propose hemb}'to fttruish material and labor -complete in accorchince with specifications below. for the silnm of All viork terms and conditions are botmcl by the attached General Conditions. A:1 agreements are contingent upon strikes, accidents, weather, material shortages, or delays beyond our control. Any deviation from specific ons requesled by the Owner shall become an extra charge. All work shall be carved out in a workmanlike manner. Any warranty does not cover gasoline or oil spills, kickstand or tire marks. cracks, tree root cracks, ref wive clacks, small water depressions and sett ng- Installed asphalt is guaranteed to be �kg% puddle flee. The owner consents and agrees to pay Allied as described in the attached general conditions. zed Signature Andrew Foster (248-431-1418 ai J RatLlFis ) Note: This proposal may be withdrawn by us if not accepted u7thin 30 days. • All work to be completed per our attached general conditions page. • This proposal contract must be referenced in any contract to Allied. • Permits by others unless Vthenrrse stated. • Landscape restoration by others. Allied is not responsible for any damage to sprinklers, private utilities, landscaping, overhanging trees, invisible fencing, etc. Any undercuts required due to soft, wet, or any unstable ground ADD $e0,004on. Cost includes soils removal and replacement wi h 21AA crushed concrete. Payment is based on tickets for stone hauled into the site for undercutting. 4H is responsi ble for clearing dumpsters, cars, garbage cans, or temporary+portable objects inside the scope of the projects. Price is based on the proposed scope of work only. No restoration, shoulders, concrete, undercuts, storm work, conduits, eto inducted in the price - ADDITIONAL WORK IF REQUIRED QUANTITY UNIT PRICE AMOUNT If 131acklRed, Yellow, Orange and Green Areas are performed at the san• time (This had 1.013 Is $-30,000.00 Sr30,0DO.DD to be adjusted for work being completed after the fair since they're predicting a price increase mid season) DEDUCT DEDUCT for donation to 4H Fair (Please al low us to hang a banner and maybe passes 1.0D Is $-10,0GO.00 $ 1 D,ODO.OD for our employees?) Payment to be made as follows: NET 30 Ac cep tance of Prop sal -The abare pricer, aroeaftatians. cco3 flocs, and amcked _=ayai coExtd,) s are ad&Lacn• and zre herety accepted. You are sathcraai to dui the wod- as sned%i paym--A n i0 be rx de as kI rAd above. Date of Acceptance: Signature: �AKLAND COUNTY PARKS GmatYarkrfor GieatYeop's March 14, 2023 Kathy Angerer Director, Michigan Department of Agriculture & Rural Development Constitution Hail, 6th Floor 525 W. Allegan Street P.O. Box 30017 Lansing, MI 48909 Dear Director Angerer, The Oakland County 4-H Fair Association have operated the annual Oakland County Fair at the fairground Springfield Oaks County Park Fairgrounds since 1971. The Fair Association and the Oakland County Parks and Recreation Commission have entered into an cooperative agreement which includes a lease provision for the use of the Fairgrounds which is currently set to expire on December 31, 2027. Both parties have agreed upon the terms of a revised agreement that includes an extension of the lease through December 31, 2033. Final approval of these revisions by our Board of Commissioners is anticipated within the next 60-90 days. The Oakland County 4-H Fair Association intends to submit an application for grant funding under the County Fairs Capital Improvement Grant Program for FY23. Please consider these facts when evaluating this application and the five-year fairground lease requirement established for fair associations. Sincerely, f?v�� Chris Ward Director Oakland County Parks and Recreation Commission 2800 Watkins Lake Road, Waterford, MI 48328 248-858-0906 OaklandCountyParks.com EXHIBIT A AGREEMENT BETWEEN OAKLAND COUNTY AND OAKLAND COUNTY 4-H FAIR ASSOCIATION This Agreement is entered into on January 1, 2017 by the Oakland County 4-11 Fair Association ("Association"), 12451 Andersonville Road, Davisburg, Michigan 48350 and the County of Oakland ("County), by and through its statutory agent the Oakland County Parks and Recreation Commission ("OCPRC"), 2800 Watkins Lake Road, Waterford, Michigan 48328. This Agreement includes the iollowing as further described below: ( l ) lease of the Springfield Oaks Administrative Building/Building E; (2) Cooperative Fair Agreement; (3) license for indoor vehicle/boat storage; and (4) license for use of Springfield Oaks Activity Center Kitchen (hereinafter collectively referred to as "Agreement"). The Parties agree to the following terms and conditions. 1. Introduction 1.1 Since 1971 the Association has annually held the Oakland County 4-H Fair ("Fair") at Springfield Oaks County Park. The current agreement for the use of Springfield Oaks for the Fair will expire on December 31, 2016, 1.2 OCPRC and the Association have identified recreational and community benefits that are associated with providing a quality fair within Oakland County. The Fair supports the agriculture industry, rural recreation, economic development, environmental stewardship, education, and the County's rich agricultural heritage. 1 .3. Since 2007 the Association has used the Administrative Building/Building E for office and administrative use. The current lease for this building will expire on December 3 1, 2016. 1 A.The Parties desire to extend the agreement for the Fair and lease for the Administrative BuildingBuilding E at Springfield Oaks and to merge those two agreements into one. 2. Term and Termination 2.1 Term. This Agreement shall commence on January 1 , 2017 and shall end December 31, 2021 ("Term"). This Agreement shall automatically renew for an additional five (5) year period upon the expiration of the Term ("Renewal Term"), with no further action of the Parties. All the terms and conditions of this Agreement shall equally apply during the Renewal Term. 2.2, Termination. Either party may terminate and/or cancel this Agreement or any part thereof at any time upon three hundred and sixty-five days (365) days written notice to the other Party, for any reason, including convenience, without incurring obligation or penalty of any kind. The effective date of termination and/or cancellation shall be clearly stated in the written notice. 3. Exhibits. This Agreement incorporates the following Exhibits: 3.1 Exhibit A: Description and Depiction of Building E/Administrative Building, 12451 Andersonville Road, Davisburg, Michigan, 3.2 Exhibit B: Custodial Guidelines 3.3 Exhibit C: Building and Grounds Used for Fair 3.4 Exhibit D: Winter Storage Schedule 3.5 Exhibit E: insurance Specifications 4. Lease of Svrinufield Oaks Administrative Buildine. 4.1 . Leased Premises. OCPRC leases to the Association a building known as Building E/Administrative Building, located as 12451 Andersonville Road, Davisburg, Michigan 48350 ("Premises"), which is further described and depicted in Exhibit A. 4.2 Hold Over. In the even] the Association holds over after the expiration of this Agreement without a written agreement, the hold over shall be construed to be a tenancy from month -to - month for the Premises on the same terms and conditions contained in this Agreement, for a period not to exceed ninety (90) calendar days. EXHIBIT A 4.3 Rent. The Association shall not pay OCPRC rent for the Premises. In exchange for not paying rent, the Association shall pay the utilities, during the entire Term of this Agreement, for the following buildings and grounds located at 12451 Andersonville Road, Davisburg, Michigan, 48350: the Administrative Building/13uilding E, the Ellis Barn, the Rabbit Barn, the Miracle of Birth, the Septic System, the Campground, the Fairground Pit, and the parking lights in the field. Utilities shall include electric and gas (natural and propane). Bills for all utilities and services shall be placed in the Association's name. 4.4 Security Deposit. No security, deposit is required of the Association. 4.5 Utilities and Services. 4.5. 1. Utilities. Except as otherwise provided herein, the Association shall be solely responsible for and promptly pay all utilities for the Premises and other locations, as set forth in Section 4.3. 4.52, Association Provided Services/Svstems., The Association shall provide and pay for the following for the Premises: (I ) the Association's telephone system; (2) the Association's computer system (including access to the internet); (3) any other system or service the Association deems necessary for it business on the Premises; (4) the Association shall maintain the flower beds surrounding the Premises, in a condition similar to flower beds in other portions of the Park; and (�) the Association shall plant flower pots to place around the exterior of the Premises. 4.5.3. Custodial Services. The Association, at its sole cost, shall clean the entire interior of Building E/Administrative Building, including the restrooms and showers, except that the Association will not be required to clean the restrooms and showers when those areas are used by OCPRC or third parties who received permission to use those areas through OCPRC. When cleaning the Premises, the Association shall comply with the custodial guidelines set forth in Exhibit B, 4.5.4. OCPRC Provided Services. OCPRC shall provide and pay for the following services for the Premises: (l ) trash removal, (2) snow and ice removal from sidewalks, steps and parking areas, (3) parking lot and structural building maintenance, and (4) lawn care services. 4.6 Use and OCCUDancv. 4.6. 1 . Use by Association. The Premises shall be used for office space and meetings for the Association. 4.62. Use by Third -Parties. The Association may permit third parties to use the Community Room in Building ElAdministrative Building for events pursuant to a written contract between the Association and the third party. The Association will provide OCPRC with a fee schedule, a copy of the use schedule on a monthly basis, and a copy of all contracts for use of the Community Room. 4.6.3. Set -Up and Clean-UII. The Association will be responsible ror all set-up and clean-up of all the Association's scheduled events and set-up and clean-up for other events held at the Premises that were scheduled through the Association. 4.6.4. Cleanliness of Premises. The Association shall keep the Premises and the area immediately surrounding Building ElAdministrative Building clean, free of trash, and in good order, wear and tear from reasonable use and damage from the elements excepted. 4.7 Maintenance and Reoairs. OCI)RC shall maintain, repair, and keep the Premises in good condition, including, but not limited to, the roof, ceilings, walls, floors, foundations, electrical EXHIBIT A and plumbing systems, sidewalks, parking areas, exterior glass, heating and cooling systems, septic system, and water system (including wells and water tower). 4.8 Equipment, Furniture, and Supplies. 4.8. 1 Office Equipment, Furniture, and Sunnlies. The Association shall provide, at its expense, furniture, office supplies, and equipment it deems necessary for its operations at the Premises. The Association, at its expense, shall be solely responsible for the maintenance and repair of all furniture and equipment used on the Premises. 4.8 2. Restroom/Shower Sunnlies. The Association shall provide, at its expense, all supplies for the restrooms and showers, such as toilet paper, paper towel, soaps, etc.; provided however, that when OCPRC uses the Premises, for whatever reason, OCPRC, at its expense, shall replace/replenish the restroom/shower supplies to ensure the supplies are full at the completion of OCPRC use of the Premises. 4.9 Compliance with Laws. OCPRC shall, at its own expense, promptly comply with all applicable federal, state and municipal laws and regulations affecting the Premises, including any barrier - free requirements. 4.10 Securitv. OCPRC shall provide and pay for lighting for the exterior of the Premises including common areas and parking areas directly adjacent to the Premises, in a manner deemed adequate by OCPRC. OCPRC shall provide and pay for keys for the Premises. 4. 11. Access. OCPRC shall have twenty-four (24) hour access to the Premises, without notice, for the purpose of inspecting, repairing, and maintaining the Premises. 4.12. Parking. OCPRC shall provide the Association with twelve (12) assigned parking spaces for the Association's exclusive use near the Premises. 4.13. Ouiet Eniovment. Upon performance of its obligations under this Agreement and subject to the terms of this Agreement, the Association shall peacefully and quietly hold and enjoy the Premises for the term of this Agreement, without hindrance or interruption by OCPRC or its agents or employees. 4.14. Destruction of Premises. 4.1.1 . In the event, the Premises are partially damaged or destroyed by fire or other casualty, the damage to the Premises shall be promptly repaired or rebuilt by OCPRC. In the event the Premises cannot he repaired or rebuilt within one hundred eighty (180) days after such damage or destruction, the Association shall have the right to terminate this Agreement and vacate the Premises within ninety (90) days after the occurrence of such damage or destruction. While the Premises are being repaired, the utilities owed by the Association, pursuant to Section 4.3, shall be reduced in proportion to the fraction of the Premises rendered unusable (in the discretion of the Association). If more than thirty- five percent (35%) of the Premises are damaged or destroyed by a casualty, the Association may elect to remain on the Premises or to vacate the Premises, 4.1.2 Notwithstanding any other provisions, in the event (hat more than thirty-five (35%) percent of the Premises are damaged or destroyed by fire or other casualty, OCPRC may elect to either repair or rebuild the Premises or to terminate this Agreement by giving written notice to the Association within ninety (90) days after the occurrence of such damage or destruction. The Association will have ninety (90) days from the date of the notice 10 vacate the Premises. ff OCI)RC elects to rebuild or repair the Premises, then the utilities owed by the Association, pursuant to Section 4.3, shall be reduced in proportion to the fraction of the Premises rendered unusable (in the discretion of the Association) until the Premises are repaired or rebuilt. In no event shall OCPRC be required to repair or replace any property of the Association. 4.15. Eminent Domain. If the whole Premises are taken by any public authority under the power of eminent domain, then this Agreement shall be terminated on the day the public authority takes possession of the whole Premises, If less than the whole, but more than thirty-five percent EXHIBIT A (35%) of the Premises are taken by any public authority under the power of eminent domain, then either Party may terminate this Agreement upon thirty (30) days written notice to the other Party. In the event neither Party elects to terminate this Lease, the Lease shall terminate on the date the public authority takes possession of the Premises. Neither Party shall have any future liability or obligation under the Lease if it is terminated under this Section 4.16. Condition Upon Surrender. Upon expiration or termination of this Agreement, the Association shall return all keys to OCPRC, surrender the Premises in the same condition as it was on the date this Agreement commenced (reasonable wear and tear excepted), and shall remove its personal property, If the Association does not remove its personal property within thirty (30) calendar days of the termination/expiration of this Agreement, such property shall become the property of OCPRC and OCPRC may remove, dispose, and/or use such property, in its sole discretion. Cooperative Fair Agreement 5.1. Fair Management. 5.1.1 Responsibilitf° for Fair. The Association is solely responsible for the development, operation, and management of the annual Oakland County 4-H Fair ("Fair"). 5.1 .2. Designated Representative of Association. The Association officers are the authorized representatives of the Association and all communications, requests, and development of policy regarding the Fair will go through the Association Board. The order of authority of the Association Officers is as follows: President, Vice President, Corresponding Secretary, Treasurer, and Recording Secretary. The Association General Manager is the designated representative for operation of the Fair. 5.1.3. Designated Representative of OCPRC. The Chief of Park Operations and Maintenance is OCPRC's designated representative regarding services or questions associated with the Fair, 5.1.4. Fair Contracts. The Association shall enter into contracts with persons/entities that will provide or perform arena events, concessions, carnivals, and other events or services during the Fair. The Association shall provide the template contract that it will use with the above -referenced persons/entities to the OCPRC Executive Officer for review and approval by April 1. Such contracts shall require that all above -referenced persons/entities indemnify the Association and County and name the Association and County as additional insured on all insurance policies. Upon request, the Association shall provide OCPRC with the executed contracts with the above -referenced persons/entities. 5.1.5. Fair Electrical Needs. The Association is responsible for defining the electrical needs of commercial vendors in all approved contracts and informing the Park Supervisor of these needs by .Tune 1. 5.1.6. Fair Schedule of Events and Fair Lavout. The Fair schedule of events and the Fair event Layout shall be submitted to the OCPRC Executive Officer one month prior to the start of the Fair. The schedule of events shall include the following: (1) opening and closing times for the Activity Center; (2) carnival hours; (3) dates and starting and ending times for all events, including special events; and (4) any other information which OCPR may request. 5.1.7. Review of Fairgrounds. The Park Supervisor and the Chief of Park Operations and Maintenance will meet with the Association General Manager and designated Association members approximately one (1) month prior to the start of the Fair to conduct a review of the Fair grounds. EXHIBIT A 5.1.8. Fair Walk -Through. On the first Tuesday of the Fair each year, OCPRC staff and the Association General Manager and designated Association members will complete a walk-through of the Fair, review any issues concerning the Fair, and develop a list of ideas to assist the Fair in future years. 5.1.9. Fair Review. The Parties shall meet by October 1 sc each ,year to discuss and review the most recent Fair and ideas for the next Fair. 5.1.10. Fair Survevs. OCPRC will conduct surveys of persons coming to the Fair. The results of the surveys will be reviewed by both Parties no later than October l . 5.2. Facility Use. 5.2.1 Facilities to Be Used. OCPRC provides the Association with the right to use the building and grounds of the Springfield Oaks County Park ("Park") as described and depicted in Exhibit C ("Facilities') for the Fair, which includes, but is not limited to preparation, operation, dismantling and clean-up of the Fair. Exhibit C can he amended, at any time, to address the need by the Parties to use different facilities. OCPRC Executive Officer has the authority to approve changes to Exhibit C. 5.22. Period of Use. The right to use the Facilities shall commence fourteen (14) calendar days prior to the start of the Fair, except that the right to use the Springfield Oaks Activity Center and Ellis Barn shall commence four (4) calendar days prior to the start of the Fair. The right to use the Facilities shall end fourteen 14) calendar days after to the end of the Fair, except that the rightto use the Springfield Oaks Activity Center and Ellis Barn shall end four (4) calendar days after to the end of the Fair. 52.3. Fair Dates. By October I each year, the Association shall submit to the OCPRC Executive Officer the dates for the Fair and the Facilities that will be used for the next year's Fair. 5.3. Resnonsibilities of Association and OCPRC. 5.3.1 Dailv Maintenance Functions. Except as otherwise expressly provided in this Agreement, OCPRC shall be responsible to perform daily maintenance and repair functions for the Park and Facilities during the Fair; such functions shall include, but not be limited to, building/facility upkeep, pre -agreed set-up and tear down of equipment, electrical systems checks and septic tank maintenance. 5.3.2 Emereencv Repairs/Emereencv. During the Fair, the Park Supervisor or his/her designee will be on call 24 hours a day for any emergency repairs. OCPRC will provide a list of emergency contacts if the Park Supervisor cannot be contacted. 5.3.3 Manure Removal. The Association shall be responsible for the daily removal of manure from the Park and Facilities to areas designated by the Park Supervisor. 5.3.4 Association Equipment. The Association shall be responsible for the repair and upkeep of all the Association -owned equipment and rented equipment. 5.3.5 Cleanliness of Park during the Fair. The Association shall clean-up all litter/trash in the carnival area, camping area, arena area, animal tents, and parking area, at least daily, during the Fair. 5.3.6 Clean -Up after the Fair. The Association shall complete clean-up of all Facilities and the Park used for the Fair within five (5) calendar days of the end of the Fair. 5.3.7 Items Provided by Association. The Association shall provide and pay for the following during the Fair: (1) portable toilets, (2) tent rental, (3) equipment rental, (4) temporary electrical services for set up, and (5) all other equipment or services needed for the Fair, unless specifically provided by OCPRC herein. 5.4. Fair Equipment & Storaee. 5.4. 1. Equipment Identification. Each Party shall clearly mark its equipment, in order to permit easy identification of equipment ownership. 5.42. Equipment Storage. Notwithstanding any other provision of this Agreement, during the Term of this Agreement, OCPRC shall provide the Rabbit Barn, the stall areas in the EXHIBIT A Livestock Barn, and mutually designated portions of the Horse Barn year-round, to store Association equipment and supplies to operate Fair, at no cost to the Association. 5.5. Camping. 5.5. 1 Campground Licenses/Permits. OCPRC shall be responsible to obtain and pay for the state campground license, any County required licenses/permits, and the rally permit for the campground each year by January 1, provided that the Association shall reimburse OCPRC for the cost of the rally permit. 5.5.2. Campground Areas. The Association shall be responsible for designating camping areas, setting up the camp sites, registering campers, and providing portable toilet facilities for the campground. 5.5.3. Compliance with Camnine Laws. The Association shall comply with and shall require all campers to comply with OCPRC Rules and Regulations and all applicable State laws and regulations regarding camping. 5.6. Parking. 5.6.1 Parking Attendants. The Association shall provide volunteers to set up all parking areas and provide parking attendants during the Fair. 5.6.2 Collection of Parking Fees. The Association shall be responsible for collecting parking fees and issuing parking passes. 5.6.3 Accounting of Parking Fees. The Association shall be responsible for accounting and depositing parking fees. 5.6.4 Receipt of Parking Fees. Except as otherwise provided in this Agreement, the Association shall keep all monies generated from parking fees. 5.7. Safety and Securitv. 5.7.1 Police Services. OCPRC shall contract with the Oakland County Sheriff's Office for police services during the Fair, including police services for all Facilities and the parking area. The Association shall reimburse OCPRC for all costs incurred by OCPRC for providing the police services during the Fair. 5.72. Emergencv/First Aid Services. The Association shall be responsible for providing and obtaining First Aid/EMS services during the Fair and for each arena event, including having an ambulance on site for each arena event. The Association shall provide a schedule of First Aid/EMS personnel to the Chief of Park Operations and Maintenance by June 1. The Association shall be responsible for all costs incurred for this service. 5.7.3. OCPRC will work with the Association for scheduling trusty crews by June 1 . 5.7.4. Fair Marketine and Promotions. 5.7.5. OCPRC Marketing Staff. OCPRC will provide marketing staff to work with designated Association persons to market and promote the Fair, 5.7.6. Marketing Agreement. The Association and OCPRC Executive Office or his/her designee shall create a Marketing and Promotions Agreement for each Fair by March I each year. 5.7.7. Oakland Countv Parks Days. During the Fair each year, there shall be two days designated as "Oakland County Parks Days". The Marketing and Promotions Agreement shall include details regarding the "Oakland County Park Days" at the Fair. 5.8. Emergencv Action Plan. The Springfield Oaks Emergency Action Plan will be reviewed annually by the Oakland County Emergency Response and Preparedness by June 1 , 5.9. Financial Responsibilities. Except as otherwise specifically provided by in this Agreement, the Association shall be responsible for all costs and expenses incurred in the operation, set up and clean-up of the Fair. 6. License for Indoor Vehicle/Boat Storage. EXHIBIT A 6.1. Rieht for Indoor Storaee. The Association may use the following barns for indoor storage of vehicles and boats: Rabbit Barn, Poultry Barn, Livestock Barn, Goat Barn, Horse Barn, and Miracle of Birth Barn (hereinafter "Barns"). Use of the above -listed barns, for indoor storage of vehicles and boats, shall commence and end according to the schedule set forth in Exhibit D. 6.2. Safety Precautions. The Association shall ensure that all non -street vehicles and boats are drained of all gas prior to storage in the Barns. The Association shall also ensure that all propane tanks are removed from the vehicles and boats prior to storage in the Barns. 6.3. Required Policies and Procedures. The Association shall implement any policies or procedures required by the County's insurance carrier regarding the storage of the vehicles and boats in the Barns. 6.4. Written Aereements. The Association shall have a written agreement with each vehicle/boat owner for the storage. The written agreement to be used with the owners of the vehicles/boats shall be annually renewed and approved by Oakland County Risk Management and Oakland County Corporation Counsel. 6.5. Insurance Certificates. Prior to storage, the Association shall obtain insurance certificates for each vehicle and/or boat stored in the Barns. The insurance certificates shall meet all requirements set forth in the agreement between the Association and owners of the vehicles/boats. 6.6, Property Damaee/Loss. The Parties acknowledge and agree that the County shall not be liable or responsible for any property loss or damage resulting from fire, theft, or other means to vehicles and boats stored in or around the Barns. 7. License for Springfield Oaks Activitv Center Kitchen. 7.1. Use by Association. The Association shall have exclusive use of the Springfield Oaks Activity Center Kitchen ("Kitchen"), except that OCPRC or the County may request to use the kitchen if the OCPRC/County use does not conflict with the Association use. 7.2. Licensine. Pursuant to law, the Association, at its cost, shall obtain and maintain the license for operating the Kitchen. 7.3. Kitchen Eauinment/Use Repairs. Except for the sinks and ansul system, which are fixtures to the Kitchen, all equipment in the Kitchen, at the time of execution of this Agreement, including but not limited to the freezers, ovens, refrigerators, deep fryers, plates, cups, glasses, coffee makers, silverware, and baking utensils, shall be deemed the property of the Association. The County shall maintain and repair the sinks and ansul system and shall provide an annual inspection of the Kitchen; provided that the Association shall reimburse OCPRC for the costs associated with the inspection and the maintenance and repair of such equipment. OCPRC shall invoice the Association for such costs and the Association shall pay such invoice within thirty (30) days of receipt. The Association shall be responsible for the maintenance, repair, and replacement of all equipment in the Kitchen, except the sinks and ansul system. The Association shall keep the equipment in the Kitchen in a good condition, so as not to cause damage to Kitchen, Premises, Facilities, and Park. 8. General Terms and Conditions. The terms and conditions contained in Section 8 apply equally to the entire Agreement. 8.1. Monies Owed to OCPRC. Inconsideration for use of the Premises, Facilities, Park, and Kitchen, the Association shall pay OCPRC the following: (1) ten percent (10%) of the gross receipts associated with vehicle parking for the Fair by September 1 'I, for the ,year in which the Fair was held; and (2) fifteen percent (15%) of the gross receipts EXHIBIT A associated with the indoor storage of vehicles and boats, on County property, by September I for the year in which the vehicles and boats were stored. 8.2. Use of Monies Paid to OCPRC. Each year the OCPRC Executive Officer or his/her designee and the Association President shall meet to discuss and create a list of capital improvement projects or major maintenance projects that are needed or may be needed at the Park. OCPRC shall approve such projects before they can be performed. If any projects or any portion of the projects on such list are approved by OCPRC, then the monies paid to OCPRC under Section 8.1 shall first be applied to pay for or defray the costs associated with the approved projects. If OCPRC does not approve any projects of the list by the end of OCPRC's fiscal year (in which they were approved), then OCPRC may use the monies paid to OCPRC under Section 8.1 in its sole discretion. 8.3. Insurance. The Association shall obtain and maintain insurance according to the specifications set forth in Exhibit E, which specifications shall be set by the County Risk Management Department or its successor department. 8.4. The Association acknowledges that it is leasing and/or using the Premises, Facilities, Park, and Kitchen "As Is" and it had an opportunity to inspect the Premises, Facilities, Park, and Kitchen. 8.5. Liability. 8.5.1 Damagc to Countv/OCPRC Pronertv. The Association shall he responsible for any damage to any County or OCPRC property or facility that is caused by the Association, its employees, agents, volunteers, or subcontractors on the Premises, Facilities, Park, or Kitchen, because of the Association's use of the Premises, Facilities, Park, or Kitchen. If damage occurs, OCPRC shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs or replacements; provided, however, that Association shall reimburse OCPRC the cost for repairing and/or replacing the damaged property or facilities. If the County makes a claim under its insurance policy and the claim is approved and paid, the Association's liability under this Section is capped at the amount of the County's insurance deductible and the Association shall reimburse the County for any such deductible. OCPRC shall invoice the Association for the costs under this Section and the Association shall pay the invoice within thirty (30) days of receipt. 8.52. Damage to Association Property. The Association shall be solely liable and responsible for any property loss or damage resulting from fire, theft or other means to its personal property located, kept, or stored on the Premises, Facilities, Park, or Kitchen. 8.5.3. Third Partv Claims. The Association shall be solely liable and responsible for any Claims, as defined herein, occurring at or on the Premises, Facilities, Park, or Kitchen which arise out of the acts or omissions of the Association or its employees, agents, volunteers, or subcontractors use of the Premises, Facilities Park, or Kitchen. 8,5.4. Hazardous Material/Debris. The Association shall not cause to be discharged or allow any person or entity to discharge any hazardous material, waste, or debris on any OCPRC or County property. 8.5.5. Indemnification. The Association shall indemnify, defend, and hold harmless the County, its Boards, Commissions, officials, and employees from any and all Claims, as defined herein, that are incurred by or asserted against the County or its Boards, Commissions, officials, and employees by any person or entity which are alleged to have been caused by or found to arise from the acts or omissions of the Association or its employees, agents, volunteers, or subcontractors. 8.5.6. Definition of Claim. "Claim" means any loss; complaint; demand for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of any EXHIBIT A kind which is imposed on, incurred by, or asserted against the County or for which the County may become legally or contractually obligated to pay or defend against, ►vhether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement. 8.6. Alterations or Improvements. The Association shall not make any alterations or improvements to or upon the Premises, Facilities, Park, or Kitchen without the prior written consent of the OCPRC Executive Officer. Any alterations or improvements made to or upon the Premises, Facilities, Park, or Kitchen shall become the sole property of OCPRC immediately upon completion, unless the OCPRC Executive Officer agrees otherwise in writing, prior to construction. Any alterations or improvements made to or upon the Premises, Facilities, Park, or Kitchen shall be performed by a properly qualified contractor approved by the OCPRC Executive Officer. Alterations or improvements shall be done only during normal business hours and done in such a way as not to interfere ►vith the use of the Premises, Facilities, Park, or Kitchen by others. Any contractor retained by the Association shall comply with MCL 129.201, et seq. Any remodeling, renovation, improvements, or other modifications to the Premises, Facilities, Park, or Kitchen by the Association will be at the Association's sole expense, unless otherwise agreed by the Parties in writing. 8.7. Suns. With prior written permission of the OCPRC Executive Officer and the local governmental entity, as applicable, the Association may attach, install, or erect signs on the interior and exterior walls of the Premises, Facilities, Park, or Kitchen as necessary for the Association's use or business at the Premises, Facilities, Park, or Kitchen. All signs on or around the Premises, Facilities, Park, or Kitchen shall comply with OCPRC Rules and Regulations and local ordinances, 8.8. Assignment. Except as otherwise expressly provided herein, the Association shall not assign, sublet or in any manner transfer this Agreement or any estate or interest therein without the prior written consent of OCPRC. 8.9. 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 be indemnified, right to be subrogated to the Parties' right in this Agreement, or any other right in favor of any other person or entity. 8.10. Comoliance with Laws. The Association shall comply with all federal, state, and local laws, statutes, ordinances, regulations, insurance policy requirements, and requirements applicable to its activities under this Agreement. The Association shall also comply with all OCPRC Rules and Regulations, 8.11 . Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty, or immunity of the County. 8.12, Binding Effect. The terms and conditions of this Agreement shall be binding and shall inure to the benefit of the Parties and their respective representatives, successors, and assigns, 8, 13. Captions. Section and subsection numbers, captions, and any index to sections or subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this Agreement. In this Agreement, for any noun or pronoun, use of the singular or plural form, use of the nominative, possessive, or objective case, and any reference to gender (masculine, feminine, and neuter) shall mean the appropriate form, case, or gender as the context requires. 8.14. Waiver. Waiver of any term or condition under this Agreement must be in writing and notice given pursuant to this Agreement. No written waiver, in one or more instances, shall be deemed EXHIBIT A or construed as a continuing waiver of any term or condition of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 8, 15. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 8.16. Severability, If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms or conditions shall remain in full force and effect. 8.17. Notices. 8.10.1 All notices for OCPRC shall he sent to: Oakland County Parks and Recreation Commission, Executive Officer, 2800 Watkins Lake Road, Waterford, Michigan 48328 8.10.2 All notice for the Association shall be sent to: Oakland County 'I-H Fair Association, General Manager, 12451 Andersonville Road, Davisburg, Michigan, 48350 and Oakland County 4-H Fair Association, President, 12451 Andersonville Road, Davisburg, Michigan, 48350 8.18. Modifications/Amendments, Any modification or amendments to this Agreement must be in writing and signed by both parties. 8.19. Governine Laws/Conscnt 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 Sixth Judicial Circuit Court of the State of Michigan, the 50th District 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. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Agreement to enforce such judgment in any appropriate jurisdiction. 8.20. Entire Agreement. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other prior oral or written understandings, communications, agreements, or contracts between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. 8.21 . Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all shall constitute one instrument/document. EXHIBIT A THE COUNTY OF OAKLAND: IN WITNESS WHEREOF, Michael J. Gingell acknowledges that he has been authorized by H*" is N *tafi M%ARfWW #tt. h Date Oakland County Board of Commissioners WIT*I: '4`1 By: JaN,aN 14 vre THE OAKLAND COUNTY 4-H FAIRASSOCIATION: 1N WITNESS WHEREOF, Lo4t%? beeVat horiz4by. Association this A ement. G By: / v 6� e.v #v Ac 4 k l"" ; s lo•zt��t.� Date acknowledges that she/he has Date Date RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 2 Department: Park Operations From: Erik Koppin, Chief Parks Operations and Maintenance — South District Subject: Waterford Oaks BMX Volunteer Association License Agreement INTRODUCTION AND HISTORY The is a non-profit organization that has been assisting Park Staff with the Operation and Track Maintenance for over 30 years. After a successful first season, the goal of the Waterford Oaks BMX Volunteer Association is to provide operation of the Waterford Oaks BMX Track for the foreseeable future. The Agreement will be evaluated in October 2025, or at the end of the 2025 season, and OCPR staff will provide recommendations to the OCPRC by November 2025 regarding a possible renewal to continue this agreement into the future. Waterford Oaks BMX Volunteer Association will manage and operate all races (including registration), race leagues, practices, open rides, bridge program, work bee's and concessions, as well as all race schedules at the track. Waterford Oaks BMX Volunteer Association will coordinate the volunteers at the track, including coordinating stagers, starters, announcers, corner marshals, scorers, and gate operation during open rides and races. Gate operators will be trained and sign an acknowledgment form. Waterford Oaks BMX Volunteer Association will also maintain the dirt track and Waterford Oaks Park Staff will maintain the grass and weed control as needed. ATTACHMENTS 1. Waterford Oaks BMX Volunteer Association Agreement STAFF RECOMMENDATION Staff recommends approving the license agreement for 3 years between the Waterford Oaks BMX Association and Oakland County Parks for the use of the BMX track at Waterford Oaks. MOTION Move to approve the license agreement between the Waterford Oaks BMX Association and Oakland County Parks for the use of the BMX track at Waterford Oaks. License Agreement The Oakland County Parks and Recreation Commission (OCPRC) hereby grants a License for use of its property as set forth herein to: Name of Entity or Person ("Licensee"): O.C. BMX Address: 6082 South Edgeway. Grand Blanc, MI 48439 Contact Person: Josh Long Telephone Number: 810-964-1237 E-Mail Address: Ijosh2l@gmail.com For and in consideration of the issuance of this License, the Parties agree to the following terms and conditions: 1. Use of OCPRC Propertv. Licensee may only use the property described below for the purposes set forth in this Agreement. 1.1. Property. Waterford Oaks BMX Track located at Waterford Oaks County Park (1702 Scott Lake Road, Waterford, MI 48382), depicted on Exhibit A, which is incorporated and attached to this Agreement (the "Property"). 1.2. This Agreement sets forth the terms and conditions between OCPRC and Licensee for the Licensee's operation of the Waterford Oaks BMX Track for the 2023 through 2025 season. The Agreement will be evaluated in October 2025, or at the end of the 2025 season, and recommendations will be made by December 2025 to the OCPRC, by OCPR staff, regarding a possible agreement between OCPRC and Licensee for continued operation of the Waterford Oaks BMX Track. 1.3. Term of Agreement. This Agreement shall begin on April 1, 2023 ("Effective Date"), and notwithstanding a license generally being terminable at the will of the licensor, and presuming no default by the Licensee in performance of any of the terms and conditions of this Agreement, which may cause the license to be immediately revoked, it shall end on December 31, 2025("Termination Date"). 1.4. Fee. Except as expressly provided otherwise in this Agreement, there is no fee charged under this Agreement, because of the savings to OCPRC by having the Licensee taking over the day-to-day operations of the track 1.5. Condition of Property. During this Agreement, Licensee shall keep the Property in good order, in a clean and safe condition, and free of trash. Except for normal wear and tear, Licensee's use of the Property shall not cause damage or waste to the Property and shall not disrupt OCPRC's operations on or around the Property. Licensee is responsible for putting all trash and debris into the appropriate receptacles. Page 1 of 16 1.6. Condition of Propertv upon end of Agreement. Except for normal wear and tear, at the expiration or termination of this Agreement, Licensee shall leave or return the Property in the same condition that Licensee found it. The Property must be clean and free of all trash and debris. Licensee shall remove of all of its personal property within thirty (30) days of expiration or termination of this Agreement. If Licensee does not remove its personal property within the thirty (30) day period, such property shall be deemed the property of OCPRC and OCPRC shall remove and dispose of it as OCPRC sees fit. Licensee shall be responsible for all costs incurred by OCPRC associated with the removal and disposal of Licensee's personal property. 1.7. Compliance with Law and Park Rules. Licensee, including its employees, agents, invitees, volunteers, subcontractors, and any other persons on the Property because of Licensee's use of the Property, must comply with all applicable federal, state, and local laws, regulations, and ordinances, the OCPRC Rules and Regulations, and the provisions of this Agreement. Failure to comply with this Section may result in the immediate termination of the use of the Property, without advance notice to Licensee at OCPRC's sole discretion. 1.8. Signs/Advertisement. Licensee shall not place any signs or advertisements on the Property without the prior written approval of the OCPRC Director or his/her designee. Licensee shall not use the Property in Licensee advertising or informational documents (either electronic or printed copies) without the prior written approval of the OCPRC Director or his/her designee. 1.9. Alterations, Additions, Changes to Propertv. Licensee shall not make any alterations, additions, or changes to the Property, outside of the approved 2023 Operations Plan (Exhibit C) without the prior written approval of the OCPRC Director or his/her designee. Exhibit C is incorporated into this Agreement. 1.10. Property AS IS. LICENSEE ACCEPTS THE PROPERTY "AS IS." LICENSEE ACKNOWLEDGES THAT LICENSEE HAD THE OPPORTUNITY TO INSPECT THE PROPERTY AND EITHER INSPECTED THE PROPERTY OR CHOSE NOT TO INSPECT THE PROPERTY. 1.11. No Smoking., Smoking is prohibited on the Property. 1.12. Alcohol Use on Propertv. 1.12.1. Licensee shall not sell or allow anyone to sell alcoholic beverages on the Property, unless prior written approval is given by OCPRC. 1.12.2. Alcoholic beverages may be consumed, served, and/or sold on the Property, subject to law and the OCPRC Rules and Regulations; except that there are no alcoholic beverages permitted at park beaches, waterparks, or waterpark parking lots. 1.12.3. BYLAW, NO ONE UNDER 21 MAY CONSUME OR TASTE ALCOHOLIC BEVERAGES ON THE PROPERTY OR OTHER COUNTY PROPERTY. LICENSEE AGREES AND WARRANTS THAT THERE SHALL BE NO SERVICE OR SALE TO Page 2 of 16 OR CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSONS UNDER AGE 21. 1.12.4. Licensee shall monitor service and consumption of alcoholic beverages at the Property. Licensee specifically acknowledges that it is solely liable for the service and consumption of any alcoholic beverages at the Property and that such liability shall extend to any aspect regarding the service or consumption of alcoholic beverages. 1.13. Non -Alcoholic Bevernes. Licensee acknowledges that County has an exclusive contract with a company to provide non-alcoholic beverages at the Facility and agrees to comply with such contract. Licensee shall purchase its non-alcoholic beverages through the company as directed by County. Upon request of Licensee, County shall provide a copy of the contract with the company to Licensee. At any time and without notice to Licensee, the County may change companies that provide non-alcoholic beverages. As permitted by the exclusive contract, if a customer requests non-alcoholic beverages that are not covered by the exclusive contract, Licensee may purchase such non-alcoholic beverages from another vendor. 2. Licensee Responsibilities. The following are Licensee's responsibilities under this Agreement: 2.1. Licensee will manage and operate all races (including registration), race leagues, practices, open rides, bridge program, volunteer workdays and concessions, as well as all race schedules, at the Property. 2.2. Licensee will coordinate the volunteers at the Property, including coordinating stagers, starters, announcers, corner marshals, scorers, and gate operation during open rides and races. Gate operators will be trained and sign an acknowledgment form. 2.3. Licensee will maintain the dirt track at the Property, which includes maintaining straights, lips, crowns, divot repair, removal of rocks/debris, and application of SoilTac (or like product). 2.4. Licensee is responsible for keeping the restroom facilities clean and in a usable condition. 2.5. Licensee is responsible for procurement of trophies and awards. 2.6. Licensee will register as the official "Track Operator' through USABMX. 2.7. Licensee will submit Track Operator Forms (TORFS) to USA BMX. 2.8. Licensee will participate in available webinars and trainings offered by USABMX. 2.9. Licensee may provide concessions, including bike & helmet rental, at the BMX track, if it so desires. Licensee may use the facilities located on the Property to provide concessions. If Licensee provides concessions, it is responsible for Page 3of16 obtaining all permits and licenses required for such service, including but not limited to a ServSafe certificate. Revenue generated from these concessions will be retained by Licensee. 2.10. Licensee will create and distributing marketing materials and content for the BMX Track. All materials must be reviewed and approved by OCPRC Director or his/her designee prior to their distribution. Any use of OCPRC logos/service marks shall be licensed to Licensee as set forth in Exhibit D and Licensee shall follow the OCPR Brand Standards Manual in Exhibit D. Exhibit D is incorporated into this Agreement. 2.11. Licensee will list/show OCPRC as a sponsor for races and special events at the BMX Track, as OCPRC is providing lawn maintenance and utilities for the BMX Track at no cost to Licensee. 2.12. Licensee will inform OCPRC of all BMX sponsors by providing sponsorship agreements or other documentation of sponsorship arrangements in accordance with the OCPRC Sponsorship Policy to the OCPRC Supervisor — Planning & Resource Development. 2.13. Licensee will assist in maintaining all existing OCPRC equipment and replace anything that is removed from the Property. OCPRC will provide Licensee with an inventory of BMX Track equipment. 2.14. Licensee no Agent or Emplovee of County/OCPRC. Licensee, including its employees, agents, invitees, volunteers, subcontractors, and any other persons on the Property because of Licensee's use of the Property, shall not, in any manner, hold themselves out to be agents, or employees, of OCPRC or Oakland County, Michigan ("County"). Nothing in this Agreement is intended to establish an employer -employee relationship between the OCPRC and Licensee, including its employees, agents, invitees, volunteers, subcontractors, and any other persons on the Property because of Licensee's use of the Property. In no event, shall Licensee, including its employees, agents, invitees, volunteers, subcontractors, and any other persons on the Property because of Licensee's use of the Property, be deemed employees, agents, volunteers, or subcontractors of the County. Licensee shall ensure that its employees, agents, invitees, volunteers, subcontractors, and any other persons on the Property because of Licensee's use of the Property are apprised of their status and the limitations independent contractors have of this status. 2.15. Permits/Licenses. Licensee is responsible for and shall obtain, at its sole expense, all necessary licenses, permits, and other governmental approvals that are necessary for use of the Property, including a liquor license for the sale of alcoholic beverages (if the sale of alcoholic beverages is approved by OCPRC). Page 4 of 16 3. OCPRC Responsibilities. The following are OCPRC's responsibilities under this Agreement: 3.1. OCPRC will provide Licensee with preseason Emergency Action Plan training and gate training. 3.2. OCPRC may provide OCPR staff assistance, as available, for 2-4 scheduled volunteer workdays for 2023 season. 3.3. OCPRC will provide Licensee with access to 4 access/maintenance gates, concession building, announcing tower, and the starter gate closet to Licensee. 3.4. OCPRC will maintain grass and weed control, public address, lighting systems and utilities. 4. Liability/Assurances. 4.1. Damage to Countv or OCPRC Property. Licensee shall be responsible for any damage to the Property or to any County facility/property that is caused by Licensee, its employees, agents, invitees, volunteers, subcontractors, vendors, or any other persons on or at the Property because of Licensee's use of the Property. If there is more than one Licensee, they shall be jointly and severally liable for such damage. If damage occurs, OCPRC shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs and/or replacements. Licensee shall reimburse OCPRC the cost for repairing and/or replacing the damaged facilities/property. OCPRC shall invoice Licensee for such costs and Licensee shall pay such costs within thirty (30) days of receiving the bill. 4.2. Damage to Licensee's Propertv. Licensee shall be solely and entirely liable and responsible for any loss or damage resulting from fire, theft or other means to its personal property located, kept, or stored on the Property. 4.3. Liability for Claims. Licensee shall be solely liable and responsible for any Claims, as defined herein, occurring at or on the Property, which arise out of Licensee's or its employees, agents, invitees, volunteers, or subcontractors use of the Property. 4.4. Hazardous Material/Waste. Licensee shall not cause or allow any person or entity to discharge any hazardous material, waste, or debris on or around any OCPRC or County Property. 4.5. Indemnification. Licensee shall indemnify, hold harmless, and defend (at the County's election) the County, its Boards, Commissions, elected or appointed officials, and employees from any and all Claims that are incurred by or asserted against the County, its Boards, Commissions, elected or appointed officials, and employees by any person or entity which are alleged to have been caused by or found to arise from the acts, performances, errors, or omissions of Licensee or its employees, agents volunteers, subcontractors, invitees, or any other persons at or on the Property because of Licensee's use of the Property. Page 5of16 4.6. Definition of Claim. "Claim" means any loss; complaint; demand for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of any kind which is imposed on, incurred by, or asserted against the County or for which the County may become legally or contractually obligated to pay or defend against, whether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement. 4.7. Reservation of Rights/Limitation of Liabilitv. In no event shall the County be liable for any consequential, incidental, indirect, special, and punitive or other damages arising out of this Agreement. This Agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty, or immunity of the County. 4.8. Attornev Fees. The County shall be entitled to reasonable costs and attorney fees from Licensee to enforce any provision of this Agreement. 4.9. Survival. Section 4 and the duties and obligations contained herein shall survive the expiration or termination of this Agreement. 5. Insurance. Licensee shall obtain and maintain insurance according to the specifications set forth in Exhibit B. Exhibit 6 is attached to and incorporated into this Agreement. 6. Termination. Either Party may terminate this Agreement upon thirty (30) days written notice to the other Party for any reason. 7. No Interest in Property. Licensee, by virtue of this Agreement, shall have not have any title to or interest in the Property or any portion thereof. Licensee has not, does not, and will not claim any such title, interest, or any easement over the Property. This Agreement and/or any related affidavit or instrument shall not be recorded with the Oakland County Register of Deeds. OCPRC shall consider any such recording to be a slander of title. 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. Notwithstanding the foregoing, Licensee shall not assign any portion of this Agreement without the prior written consent of OCPRC. 9. Waiver. Waiver of any term or condition under this Agreement must be in writing. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 10. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 11. Amendments. This Agreement cannot be modified unless reduced to writing and signed by both Parties. Page 6 of 16 12. Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms or conditions shall remain in full force and effect. Notwithstanding the above, if Licensee's promise to indemnify, defend, and hold the County harmless is found illegal or invalid, Licensee shall contribute the maximum it is permitted to pay by law toward the payment and satisfaction of any Claims against the County. 13. 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 be indemnified, right to be subrogated to the Parties' right in this Agreement, or any other right in favor of any other person or entity. 14. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 15. Counterparts. This Agreement may be executed in one or more counterparts, including facsimile copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 16. Entire Agreement. This Agreement sets forth all covenants, promises, agreements, conditions, and understandings between the Parties concerning the use of the Property and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than are herein set forth. 17. Authorization. The Parties represent that their respective signatories have the requisite authority to execute and bind them to the duties and responsibilities contained herein. APPROVED AND AUTHORIZED BY LICENSEE: NAME: TITLE: DATE: SIGNATURE Revised 03/10/2023 APPROVED AND AUTHORIZED BY OCPRC: NAME: TITLE: DATE: SIGNATURE Page 7 of 16 IN Storage Trailers 0 00 0 aA a Legend Waterford Oaks " K�yU`11 VD Q Waterford Oaks County Park ® Existing Gale BMX Agreement 2022 COUNTY I PARKS ■� BMXTrack-Existing Fence *Track Location Waterford Oaks County Park oaklandC.-Whlnskrd' Park...dRecrA— ke 2800 Watkins Lake Road 189�Wa�WaterM Bnad d, MI Existing Fence 245-s5R-OW6 Waterford, MI 48328 SHT. 1 OF 1 ._.oaW, JC—t,Pwrk-- EXHIBIT B - INSURANCE REQUIREMENTS A. Insurance Coverages. Licensee shall provide and maintain, at its expense, all insurance as set forth below. The insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever is greater. Commercial General Liability Insurance: with the following minimum limits: $1,000,000 Bodily Injury & Property Damage Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000 Products/Completed operations $5,000 Medical Expense (Any One Person) $2,000,000 General Aggregate Limit Commercial General Liability Insurance shall contain the following minimum coverages: • Occurrence Form • Premises/Operations • Personal and Advertising Injury • Independent Contractors • Broad Form Property Damage • (Blanket) Broad Form Contractual (including coverage for obligations assumed in this Agreement) 2. Supplemental Coverages — As Needed ❑ Host Liquor Liability Insurance with a limit of $1,000,000 each occurrence shall be required when alcohol is served to guest with no charge. ❑ Liquor Legal Liability Insurance with a limit of $1,000,000 each occurrence shall be required when a cash bar is present and/or alcohol is served by a Caterer. ❑ Other: 3. Workers' Compensation Insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. This requirement is waived if there are no Licensee owners or employees. ❑ Fully Insured or State approved self -insurer. ❑ Sole Proprietors must submit a signed Sole Proprietor form. ❑ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC- 337 Certificate of Exemption. 4. Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non -owned automobile with a combined single limits of $1,000,000 each accident. This requirement is waived if there are no company owned, hired or non -owned automobiles utilized in the performance of this Page 9 of 16 Agreement. B. General Insurance Provisions. All certificates of insurance and insurance policies shall contain the following provisions and/or clauses with evidence of same provided to the County of Oakland, 1200 North Telegraph Road, Pontiac, Michigan 48341: 1. All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by the County of Oakland. 2. The insurance company(s) issuing the policy or policies shall have no recourse against the County of Oakland for subrogation, payment of any premiums, deductibles, or assessments under any form of policy. 3. Any and all deductibles in the required insurance policies shall be assumed by and be at the sole risk of Licensee. 4. All policies must be endorsed to include a written waiver of subrogation in favor of the County of Oakland. 5. All insurance policies must be endorsed to name as Additional Insured: the County of Oakland and it officers, directors, employees, appointees and commissioners. 6. Licensee shall require their contractors or sub -contractors not protected under Licensee's insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required of Licensee in this Agreement. 7. Certificates of insurance must bear evidence of all required endorsements and clauses and must be provided no less than thirty (30) days prior to the event and/or use of the Property; provided however, if the Property is reserved less than thirty (30) days prior to the event and/or use of the Property, the insurance certificate must be provided three (3) business days prior to the event and/or use of the Property. 8. All policies of insurance required in this Agreement shall be issued by companies that are licensed and approved to do business in Michigan and shall have and maintain a minimum A.M. Best rating of A:V or greater. Page 10 of 16 EXHIBIT C — 2023 BMX OPERATIONS PLAN O.C. BMX President: Josh Long Active Board Members: Matt Weick, Steve Berry, Ryan Hobbes, Jamie Hobbs, Shane McKinney, Justin Waryas, Chris White and Krystal White 1. Board Meetings a. Scheduled Monthly b. have been occurring since December 2022 and are being held on premise at Lookout Lodge c. Will continue at minimum monthly, more frequently should track activity require additional meetings d. Attendance has averaged 8 board members per meeting 2. Season Prep Items a. Track i. Regular grooming and maintenance of straightaway and corners ii. Gate tune up — fabrication/reinforcement iii. Starting hill structure — reinforce where wood rotting, paint/stain? b. Concession i. We have volunteers who would like to permanently run concessions ii. Obtain proper permits iii. Purchase stock items (perishable & nonperishable) iv. Comply with Oakland County brand requirements c. Rentals i. Bikes ii. Helmets d. Awards i. Local races run as ribbon races 1. Reduce trophy costs 2. Still have trophies for 1st wins & move ups ii. Move up awards 1. Plaques 2. Available for day -of move up iii. Trophies for high -profile races 1. State qualifier 2. Gold Cup qualifier 3. "Challenge" races e. Office Equipment i. Laptop ii. Printer + Paper iii. Payment capture source Page 11 of 16 iv. Cash drawer 3. Practice & Race Schedule *DRAFT* a. Practice (formerly known as Open Ride) i. TBD b. Local Races i. Starting when track conditions permit, most likely 2nd or 3rd week of April ii. Concluding when track conditions deteriorate, most likely mid - November iii. Weekly, every Tuesday and Thursday iv. Ribbon races, except for 151 wins and Move ups V. *REQUIRES FURTHER COORDINATION WITH OTHER TRACKS TO AVOID CONFLICTS* c. State Qualifier i. Saturday, June 24tn d. Race for Life: https://www.voutube.com/watch?v=6irPfvPlYtc i. DATE TBD ii. This is the Leukemia fundraiser started by W.O. Local rider Todd Kingsbury over 40 years ago after he was diagnosed with leukemia but could still ride iii. Race for Life has raised millions of dollars over the years iv. We will attempt to get Todd's remaining family members to the track this year ... and future years V. Media opportunity for local TV and print news affiliates e. Challenge Races & Special Race Series *DRAFT/TBD* i. Fall Brawl (W.O. v Toledo Speedway) ii. Food Drive (W.O. v Capital City (Lansing)) iii. Heavy Pedalz Race Series 1. This is a well-known BMX fanzine and clothing brand 2. Will draw racers from beyond our typical local pool of riders 3. Will generate additional marketing exposure for W.O. 4. Clinics a. Carly Kane — Factory DK rider b. Drew Polk —Current World #1 Racer c. Renato Silva — 1994 World Championship Participant, current 51+ Expert #1 5. Beginners League a. Scheduled for: May 16—June 20 b. Expected new rider count: 20+ Page 12 of 16 6. Sponsorships a. Running total raised for 2023 season: TBD b. Currently committed sponsors: Dean Sellers Ford, McLaren Oakland, Oakland County c. Target sponsors: General RV, Waterfall Jewelers, Gardner -White, and more 7. Communication Plan a. Email updates monthly i. Status update ii. Rider Counts iii. Issues / Ideas? b. Regularly scheduled check in meetings with the County (monthly/bi-monthly dependent on need) i. O.C. BMX to provide general updates on operations ii. County to provide feedback on BMX operations iii. Reconfirm continued adherence to Contract iv. Coordinate schedules / services (lawn, weed control, etc.) V. Open dialogue 1. Future of BMX within Oakland County a. Continued investment in current track location? b. Consideration of new location? c. Does county want BMX to continue beyond 2023? 2. New ideas 8. New goals and aspirations for 2023 a. Submitting a proposal to host a BMX National race which will bring an estimated 10,000 people to Waterford Michigan b. Working with The Power Company Kids Club out of Pontiac to bring BMX to the less fortunate - we are super excited about this! c. Sending a Waterford Oaks BMX team to participate in the Waterford Relay for Life, a fundraising campaign for the American Cancer Society— in return the American Cancer Society will support the 2023 Race for Life which is a fundraiser for the Leukemia & Lymphoma foundation sponsored by USA BMX. d. Partnering with the Pontiac Fire Department and surrounding fire and police departments to host a First Responders race close to September 11, 2023 e. In May we are hosting an Armed Forces Day to support of the military f. The Race for Life has been held for 40 years, raised over $4M dollars and is in memory of one of our local riders, Todd Kingsbury, who unfortunately passed away from leukemia in the early 1980s. g. Race for Life — Plan Highlights i. Open track gates and run Race for Life as typical BMX race Page 13 of 16 ii. Riders pay typical race fees and spectators are encouraged to support the event with a suggested minimum donation of $5 each iii. During the entire time track gates are open there will be attractions like bounce houses, rock climbing wall, bike track marked off in the grass, concessions, DJ, etc. available for everyone to enjoy iv. Once the race has been completed the track will be open to anyone interested in riding V. The "Strider Track" is intended for small children and may be an exciting option for anyone in a wheelchair or other assisted device vi. The track we will have marked off in the grass is also an available option for those not able to or interested in experiencing the BMX track vii. Race for Life — Track Specifics for Riders viii. Track riders will need to sign a free "one day" USA BMX pass & waiver ix. Bike & helmet rentals are available and may be shared, if necessary, based on demand ($10 bike, $5 helmet) X. Long pants, long sleeve shirt and closed -toe shoes strongly recommended xi. Helmets are mandatory and must be worn when on the track Page 14 of 16 EXHIBIT D — USE OF SERVICEMARK/LOGO 1) OCPRC grants to Licensee the non-exclusive right to use its Servicemark/Logo (hereinafter "Mark"), described and listed in the Servicemark Guidelines (below), for programs and activities that are directly related to this Agreement. 2) The Mark may be used on: (Applicable if Checked): a) ❑ Printed materials b) ❑ Electronic materials c) ❑ Licensee's website: http://www.waterfordoaksbmx.com/ 2) Licensee shall not use the Mark for any other purpose. Licensee shall not provide copies to a third -party of any artwork provided by OCPRC and referenced in this Exhibit without the express consent of the OCPRC Director or his/her designee. 3) The Mark must be used by Licensee as shown in the Servicemark Guidelines, with no variations of color, font, or proportion. Licensee acknowledges that OCPRC/Oakland County has intellectual property rights in the Mark. Nothing in this Agreement gives Licensee any right, title, or interest in the Mark. Licensee may not take any action that will interfere with OCPRC/County's rights in the Mark. 4) OCPRC may terminate Licensee's rights under this Exhibit, if OCPRC notifies Licensee it has breached the terms of this Exhibit and Licensee fails to cure the breach within ten (10) business days of notice of breach. Following termination of this Exhibit, Licensee shall have ten (10) business days to remove the Mark from the materials and/or website authorized for use above. Licensee shall provide OCPRC with written confirmation that such actions have been taken. Upon termination of the Agreement, Licensee shall cease all use of the Mark. Page 15 of 16 Servicemark Guidelines The Guidelines for proper use of the Mark provided to the Licensee are as follows: PRIMARY LOGO Oakand County Parks and Recreation has one servicernar4 AL often referred to as a logo, that can he used interchangeably. III A servicemark is a ward. nanre, syoihot or any combination QAKLAND used to identify services. COUNTY PARKS This is the only logo that can be used. Oakland County parks and Recreation has registered its logo with the United States Patent and Trademark Office. LOGO VARIATIONS Logos should appear in full color when used in a full color design, whenever possible. However, if the publication requires a single -color version of the logo, choose either all -black, or all -white reversed out of black, process Slue or PM 354 Green block. LOGO ARTWORK The Oakland County Parks and Recreation logo is comprised of two stacked lines of outlined artwork logotype. The 'O' of Oakland, and the remaining artwork, is a custom designed lettering and should never be replaced by a font or any other typeface. MINIMUM CLEAR SPACE CoNAKD COUNTY PARKS vMLAND 0 uEn lamm Wirefrme outline, demo=at ng artwork co=rucbm 1/4 - - - - - - - - - - - - - - - - - - - To protect the integrity of Oakland County Parks and Recreatiods brand and achieve maximum recognition, GVAKLANDI it is important that no other graphic elements or logos be in direct contact with the OCPR logo artwork. I CO-UNW PARKS A containing box of at least 114 inch should always L — — — — — — — — — — J surround the logo artwork. Page 16 of 16 RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 3 Department: Natural Resources Environmental Sustainability From: Sarah Cook-Maylen, Chief — Natural Resources and Environmental Sustainability Subject: Natural Resources Stewardship Community Projects INTRODUCTION AND HISTORY The Oakland County Parks Natural Resources and Environmental Sustainability department is working to improve biodiversity and increase climate resilience on a regional level in Oakland County by coordinating with local municipalities, non-profit groups, and educational institutions. OCPR offers these groups the opportunity to request assistance and funding for biodiversity and habitat restoration, or climate resilience and green infrastructure related projects within their service areas through a bi-annual application process. This program is promoted via the OCPR website and social media, OakNotes email distributions and the Oakland County Cooperative Invasive Species Management Area (OC CISMA) website and email list-serv. In late winter 2023, sixteen communities or organizations requested assistance and OCPR will provide either contracted work or staff implemented work for all requested projects. In addition, OCPR will administer county -wide programs that provide benefits to residents including the roadside right-of-way Phragmites spraying program in partnership with the Road Commission for Oakland County (RCOC) and the native plant giveaway program. The attached Project List outlines all the projects requested and proposed funding amounts to be paid by OCPR to our blanket contractors for implementation. Projects may be supplemented with OCPR staff time to meet deliverables or provide additional assistance. The majority of proposed contractual work will be completed by annual blanket contractor Stantec. ATTACHMENTS 1. Spring 2023 Natural Resources Community Project List STAFF RECOMMENDATION Staff recommends approving the attached Project List and forward to the Oakland County Board of Commissioners for review. MOTION Move to approve the attached Project List and forward to the Oakland County Board of Commissioners for review. Projects Project Name Project Location Requestor Project Type 111stimated Cost 1 Roadside Survey and Treatment Phragmites and Knotweed County -wide OC CISMA Biodiversity and Habitat Restoration $40,000 2 Native Plant Giveaway County -wide OC CISMA Biodiversity and Habitat Restoration; Climate Resilience and Green Infrastructure $25,000 3 Invasive Red Swamp Crayfish Match for Local Watershed County -wide OC CISMA Biodiversity and Habitat Restoration Councils Project $7,000 4 Fish Lake Natural Area Invasive Species Treatment Holly Township Holly Township Biodiversity and Habitat Restoration $1,000 5 Polly Ann Trail Lake Powell Phragmites Treatment The Charter Township of Oxford Oxford Township Biodiversity and Habitat Restoration $4,000 6 Riverside Park Buckthorn Treatment and Native Planting Village of Beverly Hills Village of Beverly Hills Biodiversity and Habitat Restoration; Climate Resilience and Green Infrastructure $2,000 7 Paint Creek Trail Burn and Swallow Wort Treatment; Oakland Township Oakland Township Parks &Recreation Biodiversity and Habitat Restoration Nicholson Prairie Floodplain Restoration $10,000 8 City Hall Campus - Native Plant Garden Design City of Farmington Hills City of Farmington Hills, Special Services Climate Resilience and Green Infrastructure Department, Parks Division $3,500 9 City of the Village of Clarkston - Buckthorn Treatment City of the Village of Clarkston City of the Village of Clarkston Biodiversity and Habitat Restoration $4,500 10 Cedar Lake Preserve Buckthorn Treatment Oxford Township Six Rivers Land Conservancy Biodiversity and Habitat Restoration $2,000 11 Village of Ortonville - Park Management Plan Village of Ortonville Village of Ortonville Biodiversity and Habitat Restoration $3,000 12 Polly Ann Trail Bittersweet Treatment Orion Township Polly Ann Trailway Management Council Biodiversity and Habitat Restoration Orion Township Section $1,500 13 Treatment; Colombiere Center - Turf Conversion and Native Springfield Township Springfield Township Biodiversity and Habitat Restoration; Climate Resilience and Green Infrastructure $10,000 Kimball Preserve - Buckthorn foliar and patchy cut stump 14 treatment; Hidden Ridge - Invasive Species Treatments Independence Township Blue Heron Headwaters Conservancy Biodiversity and Habitat Restoration $8,000 15 Rotary Park - Buckthorn Treatment City of Novi City of Novi Biodiversity and Habitat Restoration $8,000 16 Cranbrook - Porcelain Berry Treatment City of Bloomfield Hills Cranbrook Educational Community Biodiversity and Habitat Restoration $3,500 17 Voorheis Lake Wetland Preserve - Phragmites Treatment Orion Township Six Rivers Land Conservancy Biodiversity and Habitat Restoration $3,500 18 Rainbow Circle - Phragmites and Bittersweet Treatment City of Lathrup Village City of Lathrup Village Biodiversity and Habitat Restoration $4,000 19 Waterford - Phragmites and Bittersweet Treatment Charter Township of Waterford Waterford Parks and Recreation Biodiversity and Habitat Restoration $9,000 Department $149,500 RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 4 Department: Planning & Development From: Melissa Prowse, Manager — Planning & Development Subject: Grant Award Approval — Housing and Urban Development Grant for Oakland County Farmer's Market Modernization and Improvement Project INTRODUCTION AND HISTORY Oakland County was awarded a grant of $2.269M through the U.S. Department of Housing and Urban Development Community Project Initiative. This funding was secured through Rep. Haley Stevens and Sen. Debbie Stabenow's offices in the omnibus spending bill past late last year. The grant is to fund a Modernization and Improvement project for the Oakland County Farmer's market. The attached grant agreement, project narrative, and project budget need to be returned to HUD within the next few months. The project will expand the market to include a commercial test/demonstration kitchen, improved accessibility, sustainability improvements such as new windows and doors, parking lot renovation and expansion, covering outdoor vendor stalls, enclosing the canopy, adding a new program pavilion, and a pedestrian pathway connector to the Executive Office Building. Staff have been talking with HUD staff and attending multiple grant program webinars about the process. These conversations have assured staff that if an amendment is needed to the project narrative or the project budget, there is a simple and quick process to allow for those changes. With the current discussions about potentially moving the location of the market, staff wanted to ensure that all options were still on the table even after the grant agreement was signed and submitted to HUD. The grant agreement narrative and budget are for the initial proposed project at the current market site. At the meeting staff will update the Commission on the status of the discussions about a potential move to downtown Pontiac. ATTACHMENTS 1. HUD Community Project Funding Grant Agreement STAFF RECOMMENDATION Staff recommends the Commission approve the grant agreement with the Department of Housing and Urban Development for $2.269M for the Modernization and Improvements project at the Oakland County Farmers Market and forward the grant agreement to the Oakland County Board of Commissioners for their Approval. MOTION Move to approve the grant agreement with the Department of Housing and Urban Development for $2.269M for the Modernization and Improvements project at the Oakland County Farmers Market and forward the grant agreement to the Oakland County Board of Commissioners for their Approval. FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 Grantee Name: County of Oakland Grantee Address: 1200 N. Telegraph Rd., Ste. 1 Pontiac, MI 48341 Grantee's Unique Entity Identifier (UEI): Grantee's Employer Identification Number (EIN) 38-6004876 Federal Award Identification Number (FAIN) B-23-CP-MI-0833 Assistance Listing Number and Name 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Period of Performance/Budget Period Start Date Date of grant obligation Period of Performance/Budget Period End Date August 31, 2031 This Grant Agreement between the Department of Housing and Urban Development (HUD) and County of Oakland (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-103) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement). In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows: ARTICLE 1. Definitions The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise. Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date. Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date. ARTICLE II. Total Grant Amount Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $2,269,000 available to the Grantee. ARTICLE IIl. Award -Specific Requirements A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee's "Project." Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee's Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement. FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line -item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line -item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement. C. Project and Budget Changes. All changes to the Grantee's Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD's approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter to the Director of HUD's Office of Economic Development - Congressional Grants Division through the assigned Grant Officer. The letter must be submitted by email to the assigned Grant Officer and must provide justification for the change. The email submitting the letter must also include a revised project narrative or revised line -item budget, as applicable, that includes the requested change. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Articl e III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD's website. The HUD Office of Economic Development — Congressional Grants Division will notify the Grantee in writing, by email, whether HUD approves or disapproves the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that change. D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds as provided by the Consolidated Appropriations Act, 2023 and the Explanatory Statement are hereby incorporated and made part of this Grant Agreement. In the event of a conflict between those conditions, the conditions provided by the Act will govern. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974. E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. Any program income that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD before closeout of the grant, unless otherwise specified by an applicable Federal statute. Page 2 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee's indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee's indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance. G. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement. H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308. All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for -profit entity only if HUD expressly approves that subaward and the for -profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including the requirements 2 CFR part 200 provides for a "non -Federal entity" that receives a subaward. ARTICLE IV. General Federal Requirements A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision - making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision -making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58. Page 3 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 C. After December 29, 2022, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before December 29, 2022, until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities. D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation. E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee's Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061). F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective. G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 ("System for Award Management and Universal Identifier Requirements") and the Award Term in Appendix A to 2 CFR Part 170 ("Reporting Subawards and Executive Compensation"), which are hereby incorporated into and made part of this Grant Agreement. H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement. Page 4 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must include in its award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form- LLL (SF-LLL), "Disclosure of Lobbying Activities." In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. "Person" is as defined by 24 CFR Part 87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Amendment. State -recognized Indian tribes and TDHEs established only under state law must comply with this requirement. J. The Grantee must comply with drug -free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707). K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead -based paint evaluation and hazard reduction requirements of HUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre -Renovation Education; and Lead Training and Certification (40 CFR part 745)). M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD's regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3. Grantees that are not exempt from Section 3 must submit annual reports of Section 3 Page 5 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 accomplishment Performance Measures in DRGR in January of the calendar year. This report reflects Section 3 accomplishments for the previous calendar year. N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy -related, communication -related, water -related, and waste water -related infrastructure), other structures designated for use by the general public or with other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107- 118). Public use does not include economic development that primarily benefits private entities. O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. P. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement. Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD's regulations at 2 CFR part 2424. R. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement. S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement. ARTICLE V. Drawdown Requirements A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable. B. The Grantee must use HUD's Disaster Recovery Grant Reporting (DRGR) system to draw down Grant Funds and report to HUD on activities. C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee's Project and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD's instructions for entering information in DRGR found in the document titled "Grant Award Instructions" that accompanies the Grant Agreement. Page 6 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 D. The Grantee must only enter activities in DRGR that are described in the Approved Budget. E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR. F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement. G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR. H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2031. ARTICLE VI. Program -Specific Reporting Requirements In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program -specific reporting requirements apply to the Grantee: A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6- month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD. B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants. gov website (httDs://www. L-rants.2ov/web/grants/forms/Host-award-rel)ortinL-fonns.html). Page 7 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make. E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report. F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website (httDs://www.2rants.2ov/web/,arants/forms/Host-award-reporting-fortns.html). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a). ARTICLE VII. Project Closeout A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement. B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement. HUD will then send the Closeout Agreement and Closeout Certification to the Grantee. C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings. D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on -site inspection of property acquired or improved with Grant Funds. E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation: A Certification of Project Completion. 2. A Grant Closeout Agreement. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability Page 8 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. A final property report, if specifically requested by HUD at the time of closeout. ARTICLE VIII. Default A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee's submissions to HUD in anticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time. HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third parry. Page 9 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 ARTICLE IX. HUD Contact Information Except where this Grant Agreement specifically states otherwise, all requests, submissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via email to CPFGrants@hud.gov. This agreement is hereby executed on behalf of the Grantee and HUD as follows: GRANTEE (Name of Organization) HUD 1 (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) Robin J. Keegan, Deputy Assistant Secretary for Economic Development (Date) Page 10 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 APPENDIX 1— Project Narrative Page 11 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 APPENDIX 2 — Approved Budget Page 12 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 APPENDIX 3 — Grantee's Indirect Cost Rate Information Subject to the applicable requirements in 2 CFR part 200 (including its appendices), the Grantee will use an indirect cost rate as represented by the Grantee below: ❑ The Grantee will not use an indirect cost rate to charge its indirect costs to the grant. ❑ The Grantee will use the indirect cost rate(s) identified in the table below to charge its indirect costs to the grant. Agency/Dept./Major Function Indirect cost rate Direct Cost Base [PLEASE NOTE: The grantee must check one of the two boxes above. If the second box is checked, the corresponding table must be filled out as described below. The table must include each indirect cost rate that will be used to calculate the Grantee's indirect costs under the grant. The table must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR 200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.] Page 13 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 APPENDIX 4 — Award Term and Condition for Grantee Integrity and Performance Matters Reporting of Matters Related to Grantee Integrity and Performance 1. General Reporting Requirement If the total value of the Grantee's currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time the Grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which Grantee Must Report During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and the Grantee's payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if- (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; Page 14 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee's part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. The Grantee does not need to submit the information a second time under assistance awards that the Grantee received if the Grantee already provided the information through SAM because the Grantee was required to do so under Federal procurement contracts that the Grantee was awarded. 4. Reporting Frequency During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. If the Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, the Grantee must disclose semiannually any information about the criminal, civil, and administrative proceedings. S. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a cost share or match requirement; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. Page 15 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 APPENDIX 5 — Specific Award Conditions NONE. Page 16 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 APPENDIX 6 — Conflict of Interest Requirements 1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict -of -interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2-5 below. 2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person. 3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee's written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee's Project, taking into account the cumulative effects of the factors in paragraph (v). 4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation: a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law. 5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low- or moderate - income persons intended to be the beneficiaries of the assisted activity, and the exception Page 17 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision -making process regarding the assisted activity in question; e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii); f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and g. Any other relevant considerations. 6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest. Page 18 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 APPENDIX 7 — Award Term and Condition Regarding Trafficking in Persons The following award term and condition, which is required by 2 CFR part 175, applies as written: a. Provisions applicable to a grantee that is a private entity. 1.You as the grantee, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2.We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity: i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either — A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by HUD at 2 CFR 2424. b. Provision applicable to a grantee other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.l of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: Page 19 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by HUD at 2 CFR 2424. c. Provisions applicable to any grantee. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1."Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third parry as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Page 20 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-MI-0833 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for -profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). Page 21 Oakland County Farmer's Market Modernization and Improvement Project FY2023 HUD Economic Development Initiative Community Project Funding FAIN: B-23-CP-MI-0833 Project Purpose Modernize and improve the Oakland County Farmer's Market to provide enhanced health and nutrition programming, accessibility improvements, a comfortable and safe environment for vendors and shoppers, and to create a sustainable, healthy, exciting recreation facility in the heart of Oakland County. Project Narrative The Oakland County Farmer's Market (OCFM) has been a staple facility/service/program in Oakland County for more than 50 years. Originally located in Pontiac, the OCFM moved to the county campus 50 years ago, to a building and site that has not been renovated since that time. The OCFM operates year- round, providing producer -only produce, foods, plants, flowers and handmade items from nearly 100 annual vendors. During the prime season (May — October) the market is open 3 days -week on Tuesday, Thursday and Saturday. During the winter and early spring it's open on Saturdays only. While staff have done a good job of maintaining the building and the site over time, the entire facility is showing signs of wear. The market consists of a market building, an adjacent/perpendicular outdoor canopy, and a 270-space parking lot, which is full on peak -season Saturdays. The building has several challenges with accessibility, size, energy efficiency, utility availability, HVAC, and an overall inefficient layout. As participation at the market has grown in recent years, there is more of a demand for added programming such as health and nutrition programs, kids activities, cooking demonstrations and fitness programs. The market currently does not have the capacity to provide these services except for on a very limited basis. Additional programmatic space, as well as a commercial/test kitchen, will allow for more programs that will benefit the community. The market's small cooking demonstration series is wildly popular but operates only on days the market is not full, and utilizes small-scale, mobile cooking equipment which limits the scope of what can be offered. The building has men's and women's restrooms that have had accessibility updates but are not fully accessible due to space constraints. Staff were able to add an accessible family restroom within the building in recent years which has helped but does not meet the full needs of marketgoers and vendors. The building has a significant number of windows which are not energy efficient and needs upgrades to its HVAC system to keep the building climate controlled throughout the year. The market building has vendor stalls inside as well as outside the perimeter of the building. These outside stalls are the only uncovered stalls at the market — covering these stalls will make for a more enjoyable experience for both patrons and vendors with the unpredictable Michigan weather. There are also 32 stalls under a tall canopy adjacent and perpendicular to the market building. While the canopy does provide some cover, it is at a height that does not fully protect venders and shoppers from inclement weather. Adding walls or sides (removable) to the outdoor canopy will provide a more enjoyable experience. Adding a covered or enclosed walkway from the building to the canopy (possibly with roll -up doors) will create weather -resilient access between the two areas. The parking lot is one of the biggest challenges with the site. While there are 270 parking spaces on -site, on busy in -season days, this is not sufficient parking. It is also designed in a way that maximizes available spaces but does not provide the most comfortable or safe pedestrian routes to get to/from their vehicles. This project will expand the parking lot toward the east, adding approximately 40 more spaces. It will also create a new pedestrian pathway through an old apple orchard to the large parking lot at the Oakland County Executive Office Building (EOB), which is approximately 500 feet southeast of the Farmer's Market. There is currently no pedestrian access to the EOB, which can provide more than 250 additional parking spaces for the market on busy days. This new pathway will wind through the apple orchard and will have programmatic and/or play elements along the way including a storybook trail and possibly some themed play elements to encourage people to park at the EOB and walk to the market. The OCFM currently participates in multiple public assistance and health -based programs including SNAP, Double Up Food Bucks (through the Fair Food Network), WIC Project Fresh, Senior Market Fresh and the Prescription for a Healthy Oakland program. The OCFM Modernization and Improvement project will allow for us to expand on health and nutrition education efforts at the market and will create more permanent spaces for our partner agencies to conduct programs and provide information to marketgoers, hopefully encouraging more people to participate in these programs at the market. The project will also create a new covered pavilion adjacent to the parking lot that can be used for OCPR events, partner events, programs, classes and gatherings. In recent years fitness classes at the market have become very popular, including yoga and tai chi. We have provided these classes under tents, but this project will build a permanent pavilion (20x40 or larger) in the treed area to the west of the parking lot. This will allow for some separation of use from the market and these programs, while still keeping these activities together at the site. One of our main goals has been to have a constant line-up of value- added programs, classes and family events that bring people to the market, providing something healthy and/or educational to do while at the same time people can shop for fresh produce, flowers, and handmade foods and goods. The HUD Community Project Funding will fund approximately half of the overall project to modernize and improve the farmer's market facility. The total project is estimated around $4.57M, with the remaining funding coming from the Oakland County Parks and Recreation Capital Improvement Program. The attached budget shows how the HUD -funded portion fits into the larger project budget. We plan to direct the HUD funding toward the renovation of the market building and canopy, as well as The major project components are: • Building Renovation and Modernization (utilities, restrooms, windows, doors) • Building Expansion — Commercial/Test kitchen • Canopy Renovation • Building -Canopy Connectivity • Parking Lot Renovation and Expansion including stormwater management demonstration projects • Pedestrian Pathway to Executive Office Building • Program Pavilion/Activity Area The major project goals are: • Expanding educational programs around health, nutrition and fitness • Creating a commercial/test/demonstration kitchen to support entrepreneurs and educate the public about nutrition and cooking • Create a safer, more accessible market experience for people of all ages and abilities • Create a weather-proof market to make the experience comfortable and enjoyable in all seasons • Create a more sustainable market building with demonstration features to showcase the benefits and impacts of sustainability to the public • Providing a space for programs and special events that doesn't take away from market vendor space OCPR staff have developed a conceptual framework and budget for this project but have not yet engaged with an architectural design firm to begin the full design process. We anticipate beginning that process this summer (2023) after some additional planning and public engagement work this spring. As this project impacts so many local farmers and vendors, we want to ensure that the final plan meets their needs as well as ours at OCPR. While we won't have a detailed timeline until the design/engineering work is completed, our goal currently is to begin work in 2025 and have the project completed by the end of 2026. It will be important to provide some continuity of service during the construction period, so staff will be planning for an alternate/temporary location for the Oakland County Farmer's Market to operate during the construction. This will likely utilize tents at the main county campus just a quarter mile down the street. Oakland County has owned and operated the market site for nearly a century. There are not any environmental review concerns currently. There will not be any sub -recipients for this grant, but the funding will be utilized to pay various contractors that will be selected to perform the work through the Oakland County Purchasing process. OAKLAND COUNTY PARKS AND RECREATION Oakland County Farmer's Market Modernization and Improvement Project Update: 412512023 OCPR-Funded Project Components Site Item Repave existing (add stormwater management, ev charging Parking Lot infrastructure, utilities, improve pedestrian flow) Parking Lot New parking with stormwater management Open -sided covered connection between Market Building and Covered Corridor Pavilion Play Equipment Small accessible play equipment - food/farm themed Program Pavilion 20x40 pavilion, poured concrete pad HUD -Funded Project Components Site Item Unit Amt Unit Price Total Cost spaces 329 $ 2,500 $ 822,500 spaces 60 $ 2,500 $ 150,000 SF 1000 $ 100 $ 100,000 1 $ 100,000 $ 100,000 1 $ 80,000 $ 80,000 $ 1,252,500 Unit Amt Unit Proce Total Cost Renovate and modernize (addition, kitchen, ADA Market Building improvements, sustainability improvements, restrooms) SF 9038 $ Market Canopy Enclose with operable partitions - include HVAC SF 6795 $ Pedestrian Path 8' wide concrete path to Executive Office Building parking lot LF 1000 $ Subtotal Project Design (10%) Contingency (20%) Total Project Total HUD -Funded Total OCPR Funded 95 $ 859,000 200 $ 1,360,000 50 $ 50,000 $ 2,269,000 $ 3,521,500 $ 352,150 OCPR Funds $ 704,300 OCPR Funds $ 4,577,949 $ 2,269,000 $ 2,308,950 $ 4,577,949 1 RETURN TO AGENDA Oakland County Parks and Recreation Commission Memo Agenda #: 5 Department: Administration From: Chris Ward, Director Subject: Interlocal Partnership Agreement with the City of Pontiac for Hawthorne Park (ARPA) INTRODUCTION AND HISTORY 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 Fund (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 management of several existing municipal parks located in urban areas 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 as "Pontiac Oaks" has been negotiated and is ready for review by the Parks Commission, City Council and Board of Commissioners. 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 provided for in the agreement prior to the transition of management. The Pontiac City Council and the Board of Commissioners will review the agreement after your review and authorization. This process must be completed within the next 30 to 45 days in order to meet the scheduled obligations outlines in the agreement. PARK OPERATIONS OCPRC shall prepare a Park Operations and Maintenance Plan which shall be submitted to the City for their comments. The park will be managed jointly with Waterford Oaks. Additional staff capacity and a changes to our operational budget will be incorporated in the FY24 budget. Law enforcement services will be provided by OCPRC 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 the development of a Park Action Plan and Capital Improvements Plan for Pontiac Oaks by OCPRC for submittal to the City for approval. OCPRC will conduct a minimum of two public forums for City residents in the development of the Action Plan. Should the parties fail to reach agreement on the Park Action Plan and CIP by November 30 the agreement can be terminated. The proposed Park Action Plan and CIP will be presented for approval by the Parks Commission prior to submittal to the City. $1.8 million ($1.3 million from LFRF and $500,000 from OCPRC) was designated within the Healthy Communities Plan for initial capital improvement projects to address deteriorating infrastructure and revitalize the facilities at the park. The agreement provides for a minimum expenditure of $1.5 million for initial CIP projects by OCPRC. If the City chooses not to renew the agreement after the initial term it shall be obligated to reimburse OCPRC for the non -depreciated value of the improvements paid for with OCPRC funds. PARK EXPANSION The City of Pontiac School District is the owner of an undeveloped adjacent 18.96-acre parcel which is 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. SUMMARY Approval of this agreement is a necessary and important step forward in the implementation of the Healthy Communities Plan approved by OCPRC and Oakland County last year. The terms of the agreement provide for a healthy partnership between the City and County that will result in a revitalized, welcoming and thriving public recreational resource for the enjoyment of residents of the City of Pontiac and the region. The initial investment of federal and county funding will be sustained and built upon as OCPRC assumes management responsibilities for the park while maintaining close consultation with City leaders and residents. The incorporation of the newly rechristened Pontiac Oaks into the Oakland County Parks system will be a meaningful step forward in achieving the Commission's goal of providing equitable access to high quality and welcoming recreational opportunities for all our residents. RECOMMENDED MOTION: Move to approve the Interlocal Partnership Agreement for Hawthorne Park and authorize the Chairperson of the Parks Commission to execute the agreement upon approval by all parties. The Chairperson is further authorized to approve minor amendments recommended by Corporation Counsel and Risk Management made prior to final approval by the Board of Commissioners. 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: 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 Proiect 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. Citv 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 Emplovee 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) 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 Emplovee 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 2 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 Subiect 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/Exviration. 2.7.1. Termination by the Citv. 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 3 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 Propertv 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. Pavment 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 Citv and Third Parties. Within thirty (30) days of the Effective Date, the City shall provide OCPRC copies 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. 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 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 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 6 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 7 of 13 CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) provided by this Agreement. 4.13. Park Securitv. 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 Proverty 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 Citv. 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. 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 Reuresentation. 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) 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 10 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 Emplovee-Emplover Relationship. Nothing in this Agreement shall be construed as creating an employer -employee relationship between County and the City. 7.4. No Third Partv 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 11 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 Maieure. 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 12 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: EXECUTED: Gary McGillivray, Chairperson Oakland County Parks and Recreation Commission WITNESSED: Page 13 of 13 DATE: DATE: DATE: CITY OF PONTIAC PARK - INTERLOCAL AGREEMENT (FINAL VERSION) RETURN TO AGENDA Oakland County Parks and Recreation Commission Memo Agenda #: 6 Department: Administration From: Chris Ward, Director Subject: Grant Agreement with the City of Pontiac for Crystal Lake Park Revitalization Project (ARPA) INTRODUCTION AND HISTORY 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 Fund (LFRF) and OCPRC funds to support park improvement projects located in areas most disproportionally impacted by the COVID 19 pandemic. This Plan included provisions to utilize federal funds for direct financial assistance for targeted equity priority local governments to support community park improvement capital projects under grant agreements administered by OCPRC. The City of Pontiac has submitted a proposal to utilize their portion of grant funding to reclaim, revitalize and re -open Crystal Lake Park. The 43-acre site has been closed for public use due to deteriorating conditions and infrastructure. The City will utilize grant funding to complete the improvement projects listed below: Scope Item New site plan for park w/ waterfront activities & canoe/kayak launch Restore & improve boat launch and lake access Install Crystal Lake historical marker Install new park entry sign Install new benches & picnic tables Picnic Shelter Walking path along waters edge w/ mile/kilometer markers Create natural vegetative buffer at edge of Crystal Lake Mobilization 10% Contingency Professional Engineering (10%) Construction Engineering (15%) Quantity Amount Total Project Budget $30,000 $40,000 $4,000 $14,000 $75,000 $57,800 $105,000 $20,000 $17,290 $36,309 $39,940 $59,910 $499,249 Under the terms of the grant agreement the City will be responsible for completing the projects within the requirements of the ARPA guidelines and be open to public use by December 31, 2026. 50% of the grant funds will be disbursed following execution of the agreement and the remaining 50% will be disbursed upon project completion. The City's proposal and related supporting documents follow. RECOMMENDED MOTION: Move to recommend to the Board of Commissioners approval of the Grant Agreement with the City of Pontiac for the Crystal Lake Park Revitalization Project. QAKLAND COUNTY PARKS Great -Pa itr far Gieat-Pe gde Healthy Communities Park and Outdoor Recreation Investment Plan Grant Agreement This Agreement is between the City of Pontiac, 47450 Woodward Avenue, Pontiac, MI 48342 (hereinafter "Grantee") and the County of Oakland, by and through its statutory agent, the Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, MI 48328 (hereinafter "OCPRC"). Introduction A. On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA") was signed into law. Section 9901 of ARPA amended Title VI of the Social Security Act to add Section 603, establishing the Coronavirus Local Fiscal Recovery Fund ("LFRF"). Oakland County was allocated $244,270,949.00 in LFRF monies. B. The COVID-19 Pandemic and resulting mitigation measures highlighted the essential role that parks, trails, and natural spaces play in supporting mental and physical health. C. The United States Department of Treasury issued the Final Rule on April 1, 2022 and other guidance for qualified uses of LFRF monies. Those qualified uses include park improvements that serve residents and communities that were disproportionately impacted by the negative effects of the COVID-19 Pandemic. Oakland County has determined that the monies used to perform this Agreement fall within the "revenue loss" eligible use category (Expenditure Category 6.1) under ARPA. D. The revenue loss eligible use category provides recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue due to the pandemic. E. Accordingly, the Oakland County Board of Commissioners appropriated 15 million dollars of LFRF monies, in Miscellaneous Resolution #22-338, to fund and support the Healthy Communities Park and Outdoor Recreation Investment Plan ("Plan") created by OCPRC. F. The Plan is a comprehensive approach, using LFRF monies, to fund park improvements in areas disproportionally impacted by the COVID 19 pandemic. G. Part of the Plan includes a one-time park improvement grant for Grantee. In consideration of the mutual promises, obligations, representations, and assurance in this Agreement, the Parties agree to the following: Project Title ("Project" —which is described in Exhibit A): Grant Amount ("Grant Amount"): $500,000 Local Match Amount ("Match Amount"): Not Applicable —No local match required Total Project Amount: $500,000 Page 1 of 7 Start Date: [Effective Date —defined as the date the last Party to this Agreement signs the Agreement] End Date: December 31, 2026 By signing this Agreement, the below individuals certify they are authorized to sign this Agreement on behalf of their organizations and the Parties will fulfill the terms of this Agreement, including any attached Exhibits. Grantee: Tim Greimel, Mayor Date City of Pontiac County of Oakland: David T. Woodward, Chairperson Date Oakland County Board of Commissioners Oakland County Parks and Recreation Commission: Gary McGillivray, Chairperson Date Oakland County Parks and Recreation Commission 1. Agreement Execution. Grantee is required to sign the Agreement and return it to OCPRC within sixty (60) calendar days of the date the Agreement is issued to Grantee. If not, OCPRC may cancel this Agreement and the monies allocated under this Agreement may be issued to another entity, in OCPRC's sole discretion. This Agreement is not effective until both Parties sign the Agreement. The "Effective Date" shall be the date the last Party signs the Agreement. 2. Contact Information. This Agreement shall be administered on behalf of OCPRC by the Planning & Resource Development Unit. All notices, reports, documents, requests, actions, or other communications required between OCPRC and Grantee shall be submitted to the contacts identified below. By written notice, the Parties may designate a different contact with correlating information. 2.1. Grantee Contact 2.1.1. Organization: City of Pontiac 2.1.2. Name/Title: Alexandra Borngesser / Director of Grants & Philanthropy 2.1.3. Address: 47450 Woodward Avenue, Pontiac, MI 48342 2.1.4. Telephone Number: 248-758-3327 Page 2 of 7 2.1.5. E-Mail Address: aborngesser@pontiac.mi.us 2.2. OCPRC Contact 2.2.1. Name/Title: Donna Folland / Supervisor — Planning and Resource Development 2.2.2. Address: 2800 Watkins Lake Road, Waterford, MI 48328 2.2.3. Telephone Number: 248-736-9087 2.2.4. E-Mail Address: follandd@oakgov.com 3. Proiect/Proiect Period. 3.1. Grantee shall complete the Project as set forth and described in Exhibit A within the Project Period. Exhibit A is incorporated into this Agreement. 3.2. As defined in this Agreement, "Project Period" means the period of time beginning on the Effective Date and ending on the End Date listed on page 1 of this Agreement. 3.3. Due to federal regulations, there cannot be an extension of the Project Period. Grantee shall complete the Project and expend the Grant Amount within the Project Period. 4. Grantee Reporting Requirements: 4.1. Grantee shall complete and submit bi-annual progress reports, including a narrative report and summary of Project expenditures, in accordance with instructions provided by OCPRC. 4.2. Within sixty (60) days of Project completion, Grantee shall submit final reporting documentation on forms provided by OCPRC, including a final reimbursement request and narrative report, and copies of written materials and/or photographs of grant recognition signs in accordance with the instructions provided by OCPRC. 5. OCPRC Payments. OCPRC shall make payments of the Grant Amount to Grantee as follows: 5.1. OCPRC shall pay Grantee fifty percent (50%) of the Grant Amount listed on page 1 of this Agreement with thirty (30) calendar days of the Effective Date. The remaining fifty percent (50%) of the Grant Amount shall be paid within thirty calendar days of the date the Project is complete in accordance with Section 4. Any cost overruns incurred to complete the Project shall be the sole responsibility of Grantee. 5.2. Except for the first payment on the Effective Date, to be eligible for payment, Grantee must submit a complete payment request to OCPRC on form(s) provided by OCRPC. 5.3. Grantee shall submit documentation of all costs incurred for the Project to OCPRC. 5.4. OCPRC reserves the right to request additional information necessary to substantiate payments. 5.5. Grantee shall be a registered vendor with the County to receive payments. Registration can be accomplished by completing a vendor registration through the County Vendor Registration link on the County Web site. All grant funds will be paid by ACH or Check. 5.6. OCPRC shall not pay any portion of the Grant Amount to a Grantee contractor or subcontractors. Grant Amounts shall only be paid to Grantee. 5.7. A determination of Project completion, which may include a site inspection and an audit, shall be made by OCPRC after Grantee has satisfactorily completed the Project described in Exhibit A. 5.8. Upon issuance of final payment from OCPRC, Grantee releases OCPRC of all claims against OCPRC arising under this Agreement. Unless otherwise provided in this Agreement or by State law, final payment under this Agreement shall not constitute a waiver of OCPRC's claims against Grantee. Page 3 of 7 6. Grantee Assurances/Responsibilities. 6.1. Grantee shall comply with all applicable local, State, and federal laws, rules, ordinances, and regulations in the performance of this Agreement, including but not limited to, construction of the Project according to the Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990) and any other barrier free regulations and rules. 6.2. Because the Grant Amount includes LFRF monies, Grantee shall comply with the assurances and requirements contained in Exhibit B. Exhibit B is incorporated into this Agreement. 6.3. Grantee shall obtain all necessary permits and licenses for construction and maintenance of the Project. This Agreement shall not be construed to obligate OCPRC or any other governmental entity to issue any permit or license required for the Project. Grantee shall solely determine what permits or licenses are required for the Project, secure the needed permits or licenses, and remain in compliance with such permits or licenses. Grantee shall retain a copy of all permits or licenses and make them available to OCPRC upon request. 6.4. Grantee shall have control of the real property upon which the Project is located through fee simple title, lease, or other recorded interest or have written permission from the owner of such real property to complete the Project. 6.5. Grantee shall abide by all State and federal threatened and endangered species regulations when completing Project activities. 6.6. Grantee shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person's ability to perform the duties of a particular job or position, in accordance with applicable federal and state laws. Grantee further agrees that any subcontract shall contain non-discrimination provisions, which are not less stringent than this provision and binding upon any and all subcontractors. A breach of this covenant shall be regarded as a material breach of this Agreement. 6.7. Grantee shall require that no individual be denied access to the Project or Project activities on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, or marital status. 6.8. OCPRC reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform any portion of the Project. 6.9. Grantee is solely responsible for all activities performed under this Agreement and for the construction and maintenance of the Project. Grantee shall be the sole point of contact regarding contractual matters for the Project, including payment of any and all charges resulting from the Project. 6.10. Grantee shall require all contractors and subcontractors constructing or performing the Project to comply with this Agreement. Page 4 of 7 6.11. Grantee shall ensure all contractors and subcontractors constructing and performing the Project are qualified to perform such work. 6.12. Grantee shall be solely responsible for the operation, maintenance, and repair of the Project subject to this Agreement. 6.13. Grantee shall expend the entire Grant Amount under this Agreement by the Agreement End Date. Any portion of the Grant Amount not used by that date must be returned to OCPRC. 6.14. All records related to the Project must be maintained for a minimum of five (5) years after the final payment has been issued to Grantee by OCPRC. 6.15. Grantee shall install a sign at the Project site stating that the Project or a portion of the Project was paid for with monies provided by Oakland County and OCPRC. OCPRC, at its sole cost, shall provide the sign to Grantee. The sign shall remain at the Project site while the Project exists. 7. liability. 7.1. OCPRC is not liable or required to operate, maintain, or contribute to the operation or maintenance of the Project and any associated Project activities. 7.2. Grantee shall defend any Claim brought against either Party that involves the Project, involves associated Project activities, or that involves title, ownership, or other rights to the real property upon which the Project is located. 7.3. Grantee is responsible for all Claims arising under or in any manner related to the Agreement, the activities authorized by Agreement, or the use and occupancy of the Project. 7.4. As used in this Agreement, "Claims" mean 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, whether commenced or threatened. 7.5. Performance of this Agreement is a governmental service and function. 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 of either Party. 8. Insurance. Grantee shall acquire and maintain insurance or a program of self-insurance, which Grantee deems necessary, to protect it from liability related to construction and/or operation of the Project. OCPRC shall not obtain any insurance or provide any self- insurance for construction and/or operation of the Project. 9. Audit and Access to Records. OCPRC reserves the right to conduct programmatic and financial audits of the Project and may withhold payment until the audit is satisfactorily Page 5 of 7 completed. Grantee shall maintain all pertinent records and evidence pertaining to this Agreement, including grant and any required matching funds, in accordance with generally accepted accounting principles and other procedures specified by OCPRC. OCPRC or any of its duly authorized representatives must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. Grantee shall provide proper facilities for such access and inspection. All records must be maintained for a minimum of five (5) years after the final payment has been issued to Grantee by OCPRC. 10. Termination. 10.1. Failure by Grantee to comply with any provision of this Agreement shall be a material breach of this Agreement. Upon breach of the Agreement by Grantee, OCPRC may, in addition to any other remedy provided by law: 10.1.1. Terminate this Agreement; 10.1.2. Withhold and/or cancel future payments to Grantee on any or all current grant projects with OCPRC until the violation is resolved to the satisfaction of OCRPC; 10.1.3. Withhold action on all pending and future grant applications submitted by Grantee to OCPRC; 10.1.4. Require repayment of grant funds already paid to Grantee under this Agreement; and/or 10.1.5. Require specific performance of the Agreement. 10.2. Upon the date of termination, all outstanding reports and documents are due to OCPRC and after the termination date OCPRC will no longer be liable to pay or reimburse Grantee any outstanding Grant Amounts. 11. Assignability. Grantee shall not assign or transfer any interest in this Agreement without prior written authorization of the OCPRC Director. 12. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. 13. Waiver. Waiver of any term or condition under this Agreement must be in writing. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 14. Cumulative Remedies. A Party's exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 15. Changes/Amendments. Any changes to this Agreement requested by Grantee shall be made in writing and sent to OCPRC contact listed in Section 2 of this agreement. OCPRC may approve or deny such change, in its sole discretion. Changes requiring an amendment to this Agreement will be executed by OCPRC and Grantee in the same manner as this Agreement. This Agreement cannot be modified unless reduced to writing and signed by both Parties. Page 6 of 7 16. Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms or conditions shall remain in full force and effect. 17. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 18. Counterparts. This Agreement may be executed in one or more counterparts, including facsimile or electronic copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 19. Entire Agreement. This Agreement sets forth all covenants, promises, agreements, conditions, and understandings between the Parties concerning the use of the Property. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the Parties other than are herein set forth. Page 7 of 7 QAKLAND COUNTY PARKS Great -Pa itr for Gie--t-Pe gde Exhibit A Healthy Communities Park and Outdoor Recreation Investment Plan Grant Project Description In October 2022, the Oakland County Board of Commissioners approved a proposal from the Oakland County Parks and Recreation Commission (OCPR) for $15M in Oakland County American Rescue Act (ARPA) State and Local Fiscal Recovery Funds to invest in park and outdoor recreational spaces. Within this OCPR Healthy Communities Park and Outdoor Recreation Investment Plan Grant Program, funds have been allocated for grants to communities identified by the Oakland County Board of Commissioners for local park and outdoor recreation projects. Project start date is the date of the last signature on the executed Grant Agreement. Grant projects must be completed and open to the public by December 31, 2026. Healthy Communities Grant Steps ■ Complete grant project description form — will be attached to Grant Agreement as Exhibit A ■ Execute Grant Agreement by City and Oakland County) ■ Release of grant funds to community (50% Upon execution of grant agreement and 50% upon Project completion) ■ Schedule quarterly status reports ■ July 31, 2026 — Deadline to submit final report to OCPR ■ December 31, 2026 — with approval of final report by OCPR, deadline for release of remaining funds to community. All improvements must be open to the public by this date. I. Applicant Information Project Title: Crystal Lake Park Revitalization Oakland County City, Village, or Township Name: City of Pontiac Name of Primary Grant Contact: Alexandra Borngesser, Director of Grants & Philanthropy, City of Pontiac Primary Contact Phone: 248-758-3327 Primary Contact Email: aborngesser@pontiac.mi.us II. Financial Information Total Project Budget: $499,249 OCPR Healthy Communities Grant: $ 500,000 Remaining Project Budget: $0 Funding Sources: In the table below, indicate all sources of funding for the project, including the OCPR Healthy Communities Grant. They must equal or exceed the Total Project Budget. Funding Source Amount OCPR Healthy Communities Grant $ 500,000 Total Project Budget $500,000 Detail Scope: In the table below, indicate scope items for the project, including any contingency and design fees and estimated costs. Scope Item Quantity Amount New site plan for park w/ waterfront activities & 1 $30,000 canoe/kayak launch Restore & improve boat launch and lake access 1 $40,000 Install Crystal Lake historical marker 1 $4,000 Install new park entry sign 1 $14,000 Install new benches & picnic tables 1 $75,000 Picnic Shelter 1 $57,800 Walking path along waters edge w/ mile/kilometer 1 $105,000 markers Create natural vegetative buffer at edge of Crystal 1 $20,000 La ke Mobilization 1 $17,290 10% Contingency 1 $36,309 Professional Engineering (10%) 1 $39,940 Construction Engineering (15%) 1 $59,910 Total Project Budget $499,249 III. Project Description 1. Indicate how and where this project is addressed in relevant community planning documents, which may include: 5-Year Parks and Recreation Master Plan, Capital Improvement Plan, Park Master Plan, Community Master Plan, Complete Streets Plan, Trailway Master Plan, Pathway Plan, etc. Provide links to relevant online planning documents or add relevant pages to application PDF document. (100 word maximum) In the City of Pontiac's Parks and Recreation Master Plan you will see improvements identified for Crystal Lake Park that are aligned with the improvements outlined in the budget above. Please find the City of Pontiac Parks and Recreation Master Plan here: https:Hfiles4.1.revize.com/pontiac/PontiacParkRecMasterPlan2021_2025Final.pdf 2. Describe the physical location of the proposed project and ownership of the property. (100 words max) Crystal Lake Park can be identified as PIN: 14-32-302-011. This property is owned by the City of Pontiac. 1. Describe the project design and why it was chosen. (250 words max) The City of Pontiac is requesting 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. Crystal Lake Park is located on 43 acres along the north side of Crystal Lake in the southwestern portion of the City. The requested funding will provide resources for cleanup of the park and the repair and restoration of the amenities. 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. Due to vandalism and the deteriorating condition of many of the park's amenities, this park has been closed. The recreational facilities at the park once included basketball courts, an outdoor restroom, swing set, and fishing dock. Due to lack of resources, the most recent park improvements include demolishing and removing many park amenities that were in poor condition and barricading the entryway. Although the park has been closed, the park's advantageous setting along the lake provides an opportunity for revitalization at the site for recreation and green space. Park upgrades include creating a site plan with waterfront actives and canoe/kayak launch, restoring the boat launch and lake access site, re-establishing public access at the park, new benches and picnic tables, a new picnic shelter, a walking path along the water's edge, and natural vegetative buffers. Does the project positively impact equity and justice and/or provide parks and recreation services that feel safe and welcoming to everyone? If so, please summarize here. (250 words max) Pontiac is the county seat centrally located in Oakland County, one of the wealthiest, highest educated counties in the nation. The stark contrast in poverty and environmental conditions between neighboring cities has resulted in lower quality of life and life expectancy for Pontiac residents for decades. Like many urban and disenfranchised communities, the ongoing impact of systemic racism through local, state, and national policies continues to plague Pontiac's progress today, including elements like redlining, biased planning throughout "Urban Renewal", and various other areas. However, Pontiac also has unique pieces that led to further inequities beyond other cities which has led to white and affluent residents leaving the City in Pontiac's own version of "White Flight" into nearby communities through suburban investment and the subsequent disinvestment in the urban core. This led to a drought of meaningful engagement and investment in Pontiac for decades. The City of Pontiac is a historically disadvantaged community in an area of persistent poverty. From these designations alone, it is simple to predict that the Pontiac community was, and continues to be, disproportionately impacted by COIVD-19. Extensive data demonstrates extensive disparities in social determinants of health and health outcomes experienced by Pontiac residents over decades of structural racism and disinvestment. Pontiac, comprised of roughly 61,000 residents, has a primarily Black/African American community (49.6%), and 19.1 % of residents identifying as Hispanic/Latinx. Over 27% of the residents live in poverty. Approximately 11% of the population in the City of Pontiac are 65 years of age or older. There is clear evidence that the pandemic has not affected all Americans equally. As is often the case, unfortunately, the most vulnerable among us are feeling the mental health effects of the pandemic most intensely. Job loss, housing instability, food insecurity, and other risk factors for poor outcomes have disproportionately impacted disadvantaged communities like the City of Pontiac. The aforementioned factors have, and will continue to, impact the City of Pontiac's residents. Rehabilitation of Crystal Lake Park will help to counter many of the negative effects that still linger from the COVID-19 pandemic by providing a space to gather and recreate outdoors. Having a safe space that provides residents with opportunities for physical activity, the ability to explore nature, and an environment that encourages gathering with others outdoors will help residents reform connections with others. The requested funds in the City will be applied to mitigate the impact of COVID-19 on 61,000 Pontiac Residents. These resources have the propensity to improve and repair the community ecosystem in Pontiac and will ultimately change the trajectory of quality of life for 61,000 residents —improving equity and justice for Pontiac. 2. Does the project consider sustainable design/construction practices and help build community resilience and adaptation to climate change? If so, please summarize here. (250 words max) Green spaces in urban areas greatly reduce climate and health risks while also improving the physical and mental wellbeing and quality of life for residents. Cities with robust park systems experience stronger economies, a decrease in crime, increased property value, and protection from environmental impacts of urban landscapes. The benefits of reclaiming and restoring Crystal Lake Park and the shore are invaluable and the public will reap those benefits by way of a stronger economy, safer neighborhoods, and a more resilient environment, all of which will bear fruit for the City of Pontiac and neighboring communities to indulge. 3. Does the project increase access to spaces and experiences that promote physical, mental, and social health for all? If so, please summarize here. (250 words max) There is clear evidence that the pandemic has not affected all Americans equally. As is often the case, unfortunately, the most vulnerable among us are also feeling the mental health effects most intensely. Job loss, housing instability, food insecurity, and other risk factors for poor outcomes have disproportionately impacted disadvantaged communities like the City of Pontiac. The pandemic also impacted access to affordable childcare and reliable transportation. All of the aforementioned factors have, and will continue to, impact the City of Pontiac's residents. Rehabilitation of Crystal Lake Park will help to counter many of the negative effects that still linger from the COVID-19 pandemic by providing a space to gather and recreate outdoors. Having a safe space that provides residents with opportunities for physical activity, the ability to explore nature, and an environment that encourages gathering with others outdoors will help residents reform connections with others — something that was missing while COVID-19 restrictions were in place. The aforementioned factors have, and will continue to, impact the Pontiac Residents. 4. Describe how the project will be managed and maintained long-term, including any equipment or staffing needs and how they will be addressed. (250 words max) Future park improvements will be made through the City's general operating budget and future grant revenue. Park maintenance will be sustained through the City's general operating budget. 5. Describe how the project will meet or exceed ADA guidelines. Describe any Universal Design principles that will be incorporated into the project. (250 words max) Additional operational action items include preparing a `Crime Prevention Through Environmental Design' master plan, working with the Clinton River Watershed Council and EGLE to test, monitor, and remediate lake water quality, and ensuring recreation facilities adhere to ADA standards and are accessible to all users regardless of age or ability. IV. Attachments 1. Project location map 2. Site plan or site map 3. Optional letters of support 4. Optional Other Materials —e.g., design drawings/specifications, photographs with captions, etc. Submission Completed forms should be e-mailed to Donna Folland at follandd(@oak.Rov.com Contact Information: Donna Folland Supervisor — Planning and Resource Development (248) 736-9087 follandd@oakgov.com CITY OF PONTIAC PARKS AND RECREATION LAKE --w am-=-%W-M I Table of Contents Introduction Pontiac Snapshot Crystal Lake Park Crystal Lake Park Improvements Cost Estimates THE CITY OF PONTIAC m 02 03 11 os Introduction ANEW VISION 1011 A VIBRANT AND SUSTAINABLE PARK SYSTEM IN THE CITY Of PONTIAC The City of Pontiac is requesting funding to reclaim and revitalize Crystal Lake Park so that its abundant environmental, recreational, and historic resources may be enjoyed and utilized by residents. Crystal Lake Park is located on 43 acres along the north side of Crystal Lake in the southwestern portion of the City. The requested funding will provide resources for cleanup of the park and lake shore, improving the ecology of the lake and surrounding area, and the repair and restoration of the amenities. 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. Green spaces in urban areas greatly reduce climate and health risks while also improving the physical and mental wellbeing and quality of life for residents. Cities with robust park systems experience stronger economies, a decrease in crime, increased property value, and protection from environmental impacts of urban landscapes. The benefits of redeveloping and restoring Crystal Lake Park are invaluable, and the public will reap those benefits byway of a stronger economy, safer neighborhoods, and a more resilient environment. THE CITY OF PONTIAC Due to vandalism and the deteriorating condition of many of the park's amenities, this park has been closed. The recreational facilities at the park once included basketball courts, an outdoor restroom, swing set, and fishing dock. Due to lack of resources, the most recent park improvements include demolishing and removing many park amenities that were in poor condition and barricading the entryway. Without Assistance, Crystal Lake Park will continue to remain closed, blighted, and subject to the ongoing attraction of debris and vagrancy. It is well understood economic principal that distressed and vacant property is a negative factor in property valuation, rent escalation, safety, and quality of life. The status quo of Crystal Lake Park means a continuation of a less than positive influence upon the City of Pontiac. Although the park has been closed, the park's advantageous setting along the lake provides an opportunity for redevelopment at the site for recreation and green space. Potential park upgrades include creating a site plan for the park with waterfront actives and canoe/kayak launch, restoring and improving the boat launch and lake access site, re-establishing public access at the park, new benches and picnic tables, a new picnic shelter, a walking path along the waters edge, and natural vegetative buffers. Additional operational action items include preparing a 'Crime Prevention Through Environmental Design' master plan, working with the Clinton River Watershed Council and EGLE to test, monitor, and remediate lake and river water quality, and ensuring recreation facilities adhere to ADA standards and are accessible to all users regardless of age or ability. THE CITY OF PONTIAC CITY OF PONTIAC POPULATION 000 The City of Pontiac is the home of roughly 61,000 residents, a myriad ff-in of corporations, non -profits, and small businesses. © INCOME & EMPLOYMENT The median household income in Pontiac is $34,676. 60% of Pontiac residents are currently in the civilian labor force and 28% of or residents are currently living below the poverty line. AGE & ACCESSIBILITY Presently, 25% of Pontiac residents are under the age of 18 and 17% l of residents under the age of 65 identify as persons with disabilities. ® PARK LAND \'1 In total, the City of Pontiac owns 36 public parks and/or recreational facilities, totaling 530.26 acres of land. This includes 8 community parks,10 neighborhood parks,13 mini parks, and 2 linear parks DISTRICT 1 COUNCILWOMEN MELANIE BUTHEHFOBD THE CITY OF PONTIAC CRYSTAL LAKE PARK ,f THE CITY OF PONTIAC CRYSTAL LAKE PARK CRYSTAL LAKE PARK IS LOCATED ON THE NORTHERN SHORES Of CRYSTAL LAKE IN THE SOUTHWESTERN PORTION Of THE CITY. The park is located in district one, is roughly 43 acres, and currently has an accessibility rating of 1. Reccomended upgrades Create a new site plan for the park with waterfront activities and canoe/kayak launch Restore and improve boat launch and lake access site Install Crystal Lake historical marker Keep public access at the park Install new park entry sign New benches and picnic tables Picnic Shelter Walking path along waters edge with mile/kilometer markers Create a natural vegetative buffer at edge of Crystal Lake to reduce stormwater runoff Discourage area residents and park visitors from feeding the wildlife and water fowl Explore adding additional park amenities and public features THE CITY OF PONTIAC THE CITY OF PONTIAC THANKS YOU FOR YOUR CONTINUED PARTNERSHIP. Contact Alexandra Borngesser www.pontiac.mi.us 147450 Woodward Avenue aborngesser@pontiac.mi.us Pontiac MI 48342 248-758-3327 Exhibit B AMERICAN RESCUE PLAN ACT (ARPA) ASSURANCES/REQUIREMENTS The Parties agree: 1. Grant Funding. Subject to the terms and conditions of this Agreement, and in reliance upon the Grantee's affirmations set forth below, the County agrees to make, and the Grantee agrees to accept, the Grant Amount. a. GRANTEE UNIQUE ENTITY IDENTIFIER (OR DUNS NUMBER): ECYJEMI7LPN1, DUNS: 831471144 b. FEDERAL AWARD IDENTIFICATION NUMBER (FAIN): SLFRP2640 C. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBER: 21.027 d. FEDERAL AWARD DATE: May 28, 2021 e. THE GRANT AMOUNG IS NOT FOR RESEARCH & DEVELOPMENT (R&D): The Grant Amount cannot be used for research and development related expenditures. f. INDIRECT COST RATE FOR FEDERAL AWARD: Indirect Costs are not eligible for this Agreement. g. DEFINED USE OF THE GRANT AMOUNT: The Grant Amount must be expended in accordance with the guidelines for ARPA funds 2. Grantee Affirmations: a. Grantee affirms that any and all representations made to County in connection with this grant were accurate, truthful and complete and remain so. Grantee acknowledges that all representations and information provided have been relied on by the County to provide funding under this Agreement. Grantee shall promptly notify County, in writing, of the occurrence of any event or any material change in circumstances which would make any Grantee representation or information untrue or incorrect or otherwise impair Grantee's ability to fulfill its obligations under this Agreement. b. Grantee will comply with any federal, state, or local public health orders or mitigation recommendations regarding the COVID-19 pandemic which are in effect as of the date this Agreement is signed by both Parties. C. Grantee shall not use the Grant Amount for expenses for which the Grantee has received any other federal funds or emergency COVID-19 supplemental funding, whether it be state, federal, or private in nature, for the same expense. No portion of the Grant Amount shall be used for the purpose of obtaining additional Federal funds under any other law of the United States, except if authorized by law. Grantee shall promptly notify County if it receives insurance proceeds or other disaster assistance (public or private) that duplicates the funding received under this Agreement. The Grant Amount shall not be used to cover expenses that were reimbursed by insurance. d. Grantee shall not carry out any activities under this Agreement that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) and in accordance with Section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 132 Stat. 3442), which amended Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155). If the Grantee receives duplicate benefits from another source for projects related to this disaster, the Grantee must refund the benefits provided by the County to the County. Duplication of benefits occurs when Federal financial assistance is provided to a person or entity through a program to address losses resulting from a Federally -declared emergency or disaster, and the person or entity has received (or would receive, by acting reasonably to obtain available assistance) financial assistance for the same costs from any other source (including insurance), and the total amount received exceeds the total need for those costs. 3. Repavment/Remedies. Grantee is subject to repayment to the County of an amount equal to the Grant Amount received by Grantee in the event Grantee has made material misrepresentations to the County in its Application, voluntary bankruptcy or insolvency proceeding are commenced against the Grantee and not set aside within sixty (60) days, or the Grantee fails to otherwise comply with the requirements of this Agreement. In the event County later determines the information Grantee provided in conjunction with this Agreement, or that Grantee was ineligible for the Grant Amount, or that Grantee's use of the Grant Amount following receipt was contrary to this Agreement, Grantee agrees to repay the Grant Amount to County in full. County further retains all rights and remedies allowed in law or equity, including seeking payment of its reasonable costs and expenses incurred enforcing its rights and remedies. 4. Access to Records and Audit. Payments from ARPA funds are subject to 2 C.F.R. 200.303 regarding internal controls, 2 C.F.R. 200.331-333 regarding subrecipient monitoring and management, and 2 C.F.R. Part 200 Subpart F regarding audit requirements. Where applicable, these requirements are considered legally binding and enforceable under this Agreement. Oakland County reserves the right to use any legal remedy at its disposal including, but not limited to, disallowance of costs, withholding of funds or recoupment as may be necessary to satisfy requirements. Subawards or subcontracts, if any, shall contain a provision making them subject to all of the provisions in this exhibit. Grantee shall maintain all records pertinent to the Agreement and any Amendments, including backup copies, for a period of five (5) years. The records shall be kept in accordance with generally accepted accounting practices, utilize adequate internal controls and shall maintain necessary documentation for all costs incurred, including documentation and an inventory of all equipment purchased with the Grant Amount. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). In addition to County, the U.S. Department of Treasury, or their authorized representatives, shall be provided the right to audit all records pertaining to the expenditure and use of the Grant Amount. All records with respect to any matters covered by this Agreement shall be made available to County, the Federal awarding agency, and the Comptroller General of the United States or any of their authorized representatives, at anytime during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Grantee within 30 days after receipt by the Grantee. Failure of Grantee to comply with the audit requirements will constitute a violation of this Agreement. Fund payments are considered "otherfederal financial assistance" under Title 2 C.F.R. 200 — Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards ("Uniform Guidance") and are subject to the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507 or program specific audit pursuant to 2 C.F.R. 200.501(a) when Grantee spends $750,000 or more in federal awards during their fiscal yea r. Fund payments are subject to 2 C.F.R. 200.303 regarding internal controls. Subrecipient must establish and maintain effective internal control over the Federal award that provides reasonable assurance that the Subrecipient is managingthe award in compliance with Federal statutes, regulations, and the terms and conditions of the award. Fund payments are subject to 2 C.F.R. 200.330 through 200.332 regarding Grantee monitoring and management. Fund payments are subject to Subpart F regarding audit requirements. Failure of Grantee to comply with the audit requirements will constitute a violation of this Agreement. Grantee may be required to submit a copy of that audit to the County in accordance with the Uniform Guidance. 5. Compliance with Laws. Grantee shall comply with all federal, state, and local laws, statutes, ordinances, regulations, and all requirements applicable to its activities under the Agreement. This includes the following: a. Grantee must comply with 2 C.F.R. 200.303(e) and take reasonable measures to safeguard protected personally identifiable information, as defined in 2 C.F.R. 200.82, and other information County designates as sensitive or the Grantee considers sensitive consistent with applicable Federal, state, and local laws regarding privacy and obligations of confidentiality. b. Grantee must comply with 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements. Grantee will not pass -through the Grant Amount to an entity listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. C. Grantee must register at sam.gov. d. Grantee must comply with Title VI of the Civil Rights Act of 1964, and any implementing regulations, which prohibits entities receiving Federal financial assistance from excluding from a program or activity, denying benefits or services, or otherwise discriminating against a person on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity). All applicable U.S. Department of Treasury Title VI regulations are incorporated into this Agreement and made a part of this Agreement. Q'Wi"'A 6m WA, M KLAND COUNTY PARKS RETURN TO AGENDA GreatBarks for Great (People, Memo To: Parks and Recreation Commission From: Chris Ward Date: April 28, 2023 Re: May Director's Report Restore in the Outdoors Days Restore in the Outdoors Days are scheduled for May 61" and 7t" highlighting the health and wellness benefits of our parks and programs. These dates correlate with National Fitness Day and the kickoff of Mental Health Awareness Month. Free entry will be provided for our parks, and we will host special programs that are described in the attached flyer. ORV Park Industry Day We have partnered with the Oakland County Economic Development Department for a special "Industry Day' on May 11 at Holly Oaks ORV Park. Business leaders have been invited to participate in this special open house and facility tour with the goal of increasing corporate sponsorships, partnerships, and special events in the future. Native Plant Distribution First launched through a partnership with the Oakland County Board of Commissioners in 2020, the third annual Native Plant Giveaway events will take place on: • Friday, June 2 from 4-6 p.m. at Lyon Oaks County Park (52221 Pontiac Trail, Wixom) 2800 Watkins Lake Road, Waterford, MI 48328 248-858-0906 OaklanclCountyParks.com • Saturday, June 3 from 9-11 a.m. at Evanswood Church (2601 E. Square Lake Road, Troy — near the Turtle Woods Preserve) Interested residents will be able to register mid -May — check out our Native Plant Initiative webpage for up-to-date registration information. This year, in addition to receiving a bundle of native plants, participants can stop by the info station staffed by Parks, MSU Extension and Oakland County CISMA to ask questions and learn more about native plants, pollinators and more. Military Appreciation Month/Voucher — May is Military Appreciation Month and we will be recognizing individuals who have served or are currently serving in the military with a promotional voucher for one free night at a campsite, waterpark, or ORV entry. Vouchers will expire at the end of the calendar year. An additional discount is already available for golfers. We will be distributing the vouchers through Oakland County Veteran's Services contact list and at locations throughout our park system. Dan Stencil Recognition Our longtime Executive Officer Dan Stencil has been selected for induction in the Michigan Recreation and Park Association Hall of Fame. The 2023 Hall of Fame Induction Ceremony & Banquet is planned for Wednesday, October 4, 2023, at the Summit on the Park Community Center located in Canton. We will circulate ticket information when available. Special thanks to Desiree and our Marketing team for preparing this well -deserved nomination. Seasonal Staffing and Volunteer Update The first Returning Incentive bonuses will be paid out on 5/7. As of 3/24, 460 seasonal employees had agreed to the Early Commitment Returning Incentive Bonus. As of4/26, 171 of the 460 eligible employees have completed the first 2 pay periods (3/25-4/7 & 4/8-4/21) for the $300 bonus. We are also updating the list to remove employees who have separated since 3/24. As of 4/26, we have made 74 Seasonal Employment offers, 18 candidates are in the onboarding process (pending HR Physical) and 44 Seasonal hires are completed (of these, 25 are Golf Course Workers and 5 are Campground Workers). An additional 16 applicants have been processed as rehires (typically internal promotions). The first Lifeguard class is in process and we anticipate results May 1. In volunteer services, last week concluded the annual National Volunteer Week and several corporations are in the process of being scheduled for NR Stewardship or Park beautification workdays Citizen Science Nest Box Monitoring Program This is the 101h year of our participation in the Cornell Lab of Ornithology NestWatch Program, a nationwide nest monitoring program designed to track status and trends in the reproductive biology of birds. OCPRC organizes volunteers to monitor 175 nest boxes at seven parks (Addison Oaks, Groveland Oaks, Highland Oaks, Independence Oaks, Lyon Oaks, Orion Oaks and Waterford Oaks). Mobile Recreation Update Recreation Programs & Services currently has 147 units reserved for visits serving 65 local governments and community organizations this summer, with 28 days already booked to capacity. Budget Timeline An extended vacancy in the Fiscal Services Coordinator position that supports OCPRC's budget management, combined with a major transition in the County's fiscal management system, has pushed back our initial budget development and review timeline by several weeks. A preliminary budget proposal, asset management, capital improvement and equipment plan will be distributed to you on May 191h for your review and consideration at the June 71h Parks Commission meeting. OCPR Partnering to Host Michigan Natural Resources Trust Fund Board Protect Tour June 13 We are partnering with Six Rivers Land Conservancy to host a tour of grant -funded project sites in the downriver area on June 13. OCPRC is providing the bus and driver for the tour and partnering with Six Rivers, Troy Public Schools and REGROUP, a marketing and brand management firm based in Ann Arbor, to create a 3-4 minute video about Turtle Woods that will be shown at the June 14th Trust Fund board meeting. REGROUP is providing this service at no cost and will be working with award -winning audio- visual students from Troy Athens and Troy High School on the project. Nine Mile Corridor Pathwav Feasibilitv Studv Update This study, funded in -part by SEMCOG and in -part by OCPR, and facilitated by OCPR, is working with the six communities along the Nine Mile Corridor in Oakland County to develop a plan for a connected pedestrian and bike corridor the entire length of Nine Mile in Oakland County. The Nine Mile Task Force has been meeting since last fall and is working to complete a final report which should be available in late May. Our consultant, OHM, will be coordinating two public meetings in May/June to present the findings and recommendations of the report. The report will highlight the best routes and recommend different treatments for the corridor based on current conditions and public feedback, will likely contain a combination of shared -use pathways, separate and on -street bicycle lanes and existing sidewalk, in addition to branded signage consistent along the entire corridor. Application to MDNR Off -Road Vehicle Trail Improvement Fund Staff will be applying to the MDNR Off -Road Vehicle Trail Improvement fund for restrooms and sustainability improvements at Holly Oaks ORV Park. The application is still under development but will include 2 green -flush restrooms and a system of solar- and wind -powered pumps to provide potable water, recharge the two lakes on site, and fill holding tanks for dust control and irrigation. The application will be for approximately $250,000 and if awarded, will fully fund these projects with no OCPR match required. This is the fund that has provided multiple grants to the ORV Park, including last year for the development of a youth riding area which will be open to the public on May 20th. Join Oakland County Parks for FREE events And enjoy free entry at all -day use parks 14PA it A A 0MAKLAND Celebrate the health and wellness opportunities COUNTY PARKS your Oakland County Parks offer Questions: 248-221-8040 04/23 Saturdav, Mav 6 Independence Oaks County Park - 9501 Sashabaw Road, Clarkston 8:30 a.m. - Cardio Mash Up (Kickboxing & Zumba); meet at boathouse 9:30 a.m. - Stretching & Yoga Red Oaks Nature Center - 30300 Hales Street, Madison Heights 9 a.m. & 10 a.m. - Bird watching & Hike 1 p.m. & 2 p.m. - Guided Meditation Reserve a Kayak Hawthorne Park -1400Telegraph Road, Pontiac .� 1:30 p.m. & 2:30 p.m. - Kayaking • Up to 15 people for single reservable kayaks or bring your own 1 (� • Ages 14 and up (all minors must be accompanied by an adult) ❑' • Lifejackets and on -site waivers required for all persons kayaking Sunday, May 7 bit.ly/40j2gJ Lyon Oaks (Wood's Edge Picnic Shelter) - 52221 Pontiac Trail, Wixom 9 &10 a.m. - Bird Hikes (by rookery Heron Loop D) 1 & 3 p.m. - Guided Meditations • For your comfort: Bring a refillable water bottle, yoga mat and binoculars. .;,. CRWC \ OF �R� N ^ " aw E< M/�H Healthy Communities Park and Outdoor Recreation Investment Plan Summary Update: April 27, 2023 In October 2022, the Oakland County Board of Commissioners approved a proposal from the Oakland County Parks and Recreation Commission for $15M in Oakland County American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds to invest in park and outdoor recreational spaces in areas that have been impacted by COVID. Identified projects include improvements to Oakland County Parks — Catalpa Oaks, Lyon Oaks, Red Oaks, and Waterford Oaks; long-term local partnerships that enhance parks and expand the OCPR park system —Beech Woods Park in Southfield, Hawthorne Park in Pontiac, and Shepherd Park in Oak Park; as well as park improvement capital grants and partnerships with local communities — Hazel Park, Royal Oak Township, Oak Park, Pontiac, and Southfield. TIMELINE —ALL PROJECTS ■ 2023 — Develop and execute agreements with partner communities; commence design and public engagement; develop of park action plans in partnership with local communities o June 2023 —Target date to release Request for Qualifications for design and engineering ■ 2024 — Design, public engagement, and construction — all contracts must be in place and monies obligated by December 31, 2024 ■ 2025 — Construction ■ 2026 — Construction — all projects must be complete by December 31, 2026 CHARTER TOWNSHIP OF ROYAL OAK Replace the existing playground with an accessible playground at Mack -Rowe Park. Provide ongoing planning support for continued improvements at Mack -Rowe Park. ■ LICENSE AGREEMENT for playground replacement project o Approved by OCPRC; signed by Township; signatures by BOC and OCPRC pending o Construction expected Fall 2023 1411I'to] a:/_CL=J_ IN 09 Replace the existing playground with an accessible playground at Green Acres Park. Provide planning support to developing park standards and wayfinding for pocket parks throughout the City. Provide a grant to partially fund improvements to the Hazel Park Community Center, which will incorporate a future leased OCPR South Oakland Recreation Office. ■ LICENSE AGREEMENT for playground replacement and pocket park plan o Approved by OCPRC; signed by City; signatures by BOC and OCPRC pending o Construction expected Fall 2023 ■ GRANT AGREEMENT for Community Center improvements o Under review by City; anticipated request for OCPRC approval at June 7 meeting ■ LEASE AGREEMENT for OCPR South Oakland Recreation Office o Preparation pending CITY OF MADISON HEIGHTS The addition of Ambassador Park to Red Oaks will provide opportunities with land that is not located over G.W. Kuhn Drain and could support new infrastructure, including green restrooms. Make improvements to the Nature Center and Ambassador Park that improve access and quality of experience for community members. Ambassador Park to focus on senior friendly intergenerational amenities and features, which may include frequent benches along the walking path, stationary chess and ping-pong tables, and play features where children can play alongside older adults. Consideration of replacing existing tennis courts with pickleball courts is being researched. Develop nature focused playground and nature education teaching pavilion and other improvements at the Nature Center. ■ UPDATED LEASE AGREEMENT for Red Oaks Nature Center that includes addition of Ambassador Park to Red Oaks o Lease Agreement preparation pending o Park improvement concepts being reviewed internally CITY OF OAK PARK Develop an open space gateway with accessible trails, seating and gathering areas, and the installation of a nature-themed playground. Updates to existing pavilions and restrooms is under consideration. Provide a grant for municipal park improvements to be identified. ■ OPERATING AGREEMENT for long-term partnership to improve and operate part of David H. Shepherd Park o Operating and Management Agreement not drafted o Anticipated request for OCPRC approval at June 7 meeting o Park Action Plan development is underway o City has requested partial operation of park by OCPR begin in 2024 ■ GRANT AGREEMENT to fund improvements at Shepherd Park (to be identified) o Grant Agreement is under review by City; anticipated request for OCPRC approval at June 7 meeting CITY OF PONTIAC Provide a safe and welcoming environment by replacing deteriorated buildings, adding amenities, and increasing accessibility. Management of shoreline vegetation and invasive species will provide clear views of Silver Lake and visitors will be able to fish and launch canoes and kayaks off a new accessible dock. Update disc golf course with signage and maps. Trail improvements, natural area restoration and forest management will provide quality experiences in nature. Assist City with acquisition of additional parkland to add to Hawthorne Park. Provide a grant for restoration and reopening of Crystal Lake Park. ■ OPERATING AND MANAGEMENT AGREEMENT for long-term partnership to improve and operate Hawthorne Park o Agreement under negotiation; if possible, request OCPRC approval at May 3 meeting o Park Action Plan development is underway o City has requested partial operation of park by OCPR begin in 2024 ■ GRANT AGREEMENT to fund restoration of Crystal Lake Park o Grant Agreement is under review by City; if possible, request OCPRC approval at May 3 meeting CITY OF SOUTHFIELD Natural resources management and park development in former 9-hole golf course will provide quality experiences in nature with accessible trails, boardwalks, and access to the Rouge River in a restored grassland and forest habitat. Gathering and seating areas will provide opportunities to socialize and relax in a natural setting. ■ OPERATING AGREEMENT for long-term partnership to improve and operate part of Beech Woods Park o Awaiting clarification of project boundaries and scope from City o Agreement preparation on hold o Nature Resources Management developing scopes for restoration of wetlands, uplands, and Rouge River shoreline ■ GRANT AGREEMENT to fund project at Beech Woods Park o Awaiting clarification of project scope from City o Agreement preparation on hold OCPR — CATALPA OAKS Improve the parking lot with new pavement and stormwater management. An accessible plaza with shaded gathering and seating areas will welcome visitors to the park and provide opportunities to socialize and relax. Increase opportunities for active outdoor recreation with exercise equipment and flexible open space for exercise. Trees and native plantings with walking paths, gathering and seating areas will provide opportunities to socialize and relax in a natural setting. Added trail connectors to city sidewalks will increase pedestrian access to the park. ■ Park improvement concepts drafted; detailed design pending Increase opportunities for active outdoor recreation with a destination playground, flexible open space for exercise, adult exercise equipment, and improved trail connectivity to the Huron Valley Trail. ■ Park improvement concepts drafted; detailed design pending OCPR — RED OAKS ■ See City of Madison Heights OCPR — WATERFORD OAKS Increase opportunities for wintertime active outdoor recreation with sledding hill improvements. A spray park or a destination playground with water features will extend the season for water play. Flexible open space for exercise will further increase outdoor recreation activities. An accessible plaza with shaded gathering and seating areas will welcome visitors to the park and provide opportunities to socialize and relax. Improved trail access and new trailheads with signage, as well as additional connectors to township sidewalks will increase overall trail mileage and access in the park. ■ Park improvement concepts drafted; detailed design pending Oakland County Parks and Recreation Upcoming Events — May 2023 Active Adults May 10 Exploring Saginaw Trail — Waterford Oaks May 18 Fireside Chats: Digging into the Past — Virtual May 24 History of Glen Oaks Adaptive May 7 Disability Dirt Day Archery► May 16 Archery Class May 20 Veterans Day Holly May 23 Archery Class May 27 Monster Mayhem May 28 Archery 101 May 30 Archery Class Groveland Oaks Campqround May 27 Movie Night May 28 Dodgeball, Kids Craft, May 29 Tie Dye, Henna Artist, Parade, Bingo, DJ Balloon Artist, Airbrush Tattoos, Live Band Face Painters, Stone Portraits, Bike Decorating & Holly Oaks ORV Park May 7 Disability Dirt Day May 11 Oakland County Economic Development Team Industry Day May 20 Veteran's Off Road Day May 20 Youth Riding Area Ribbon Cutting Ceremony Mobile Recreation May 4 Bus: OCPRC - Mobile Recreation North District Tour May 4 Stage: Royal Oak P & R Praise in the Park Mack -Rowe Park May 5 Stage: Pershing High School Graduation May 5 Stage: American Cancer Society Relay for Life Clinton Twp. Chippewa Valley May 6 Stage: March of Dimes March for Babies event at M1 Concourse May 6 Stage: American Cancer Society Relay for Life Clinton Twp. Chippewa Valley May 7 Stage: American Cancer Society Relay for Life Clinton Twp. Chippewa Valley May 7 Bus: OCPRC - Adaptive Recreation Superhero May 10 Bus: OCPRC - Adaptive Recreation History May 10 Stage: Royal Oak Farmers Market Concert May 13 Stage: Troy School District Open Air Festival Athens High School May 13 Stage: Kids Kicking Cancer Fundraiser May 13 Stage: Berkley P & R Berkley Days May 13 Bouncer: OC Sheriffs Dept. Mental Health Walk at Wisner Stadium Oakland County Parks and Recreation Upcoming Events — May 2023 May 13 Bus: OCPRC — RPS Training May 14 Go Create & Go Chill: Berkley Days Association May 17 Go Score, Inflatable Obstacle, & Climbing Tower: St. Patrick School EOY May 18 Bus: Mighty Oaks Field Trip to Lansing May 18 Jumping Juniors: West Bloomfield Festival Marshbank Park May 19 Stage: American Cancer Society Relay for Life Shelby Twp River Bends Park May 19 Chaos and Commotion & Jumping Juniors: Spring Carnival Roosevelt Elem May 19 Celebrate It & Climbing Tower: Wood Creek Elementary Family Fun Night May 20 Stage: OCPRC - Adaptive Rec. Veteran's Event Holly ORV May 20 Bus: OCPRC - Adaptive Rec. Veteran's Dirt Day May 21 Stage: Levi's Link Run located at Koenig Materials May 21 Bus: Mighty Oaks Pick up from Lansing. May 21 Chaos and Commotion & Climbing Tower: Orion Art Center Art and Flower May 21 Putt It & Go Imagine: Birmingham P & R Parade and Party in Shain Park May 24 Bus: Adaptive Rec. Tea Party May 25 Stage: St George Greek Festival St. Greek Orthodox Church May 26 Stage: Keego Harbor Memorial Day May 26 Putt It: Pontiac Middle School Academic Achievement May 27 Chaos and Commotion: OCPRC - Groveland Oaks Memorial Day May 28 Inflatable Obstacle: OCPRC - Addison Oaks Memorial Day May 29 Jumping Juniors, Go Imagine, & Chaos & Commotion: Village of Beverly Hills Memorial Day Carnival May 29 Bouncer & Climbing Tower: Identify Your Dream, Stomp Out Violence March Wisner Stadium Nature Education Fieldtrips & Birthday Parties May 2 Divine Grace Lutheran School Field Trip — Wint Nature Center May 3 Journey Lutheran Preschool Field Trip - Wint Nature Center May 4 Journey Lutheran Preschool Field Trip - Wint Nature Center May 4 Giving Tree Field Trip — Red Oaks Nature Center May 7 Daisy Troop #77698 Field Trip — Wint Nature Center May 7 Lydia's 7th Birthday Party — Red Oaks Nature Center May 7 Delaney's 8th Birthday Party — Wint Nature Center May 9 Madison Heights Active Adult Center Field Trip - Red Oaks Nature Center May 10 Hoover Elementary Field Trip - Red Oaks Nature Center May 13 Girl Scout Troop #75629 Field Trip — Red Oaks Nature Center May 16 Pine Tree Center PHASES Field Trip — Wint Nature Center May 18 Harvey Swanson Elementary Field Trip — Wint Nature Center May 20 Bennett's 4th Birthday Party — Red Oaks Nature Center May 21 Quinn's 4th Birthday Party — Wint Nature Center May 21 Oliver's Birthday Party — Red Oaks Nature Center May 21 Everly's 4th Birthday Party — Wint Nature Center Homeschool Series May 11 Pinch Pot Pottery - Red Oaks Nature Center May17 Pinch Pot Pottery — Wint Nature Center Oakland County Parks and Recreation Upcoming Events — May 2023 Outreach May 13 St. John's Hiking Group Nature Hike — Red Oaks Nature Center May 13 Huntington Woods Library Nature Table — Red Oaks Nature Center May 14 Berkley Days Fair Nature Table — Red Oaks Nature Center May 19 Clinton River Watershed Festival Nature Table — Red Oaks Nature Center May 20 Farmington Framer's Market Nature Table — Red Oaks Nature Center May 20 Oak in the Hills — Wint Nature Center May 21 Orion Art and Flower Fair Nature Table — Wint Nature Center May 25 Lake Orion High School Wellness Fair — Wint Nature Center May 28 Bloom Project Native Plant Sale Nature Table — Red Oaks Nature Center May 31 Auburn Elementary Starlab Outreach — Red Oaks Nature Center Public Interpretive Programs May 5 Morning Munchkins - Red Oaks Nature Center May 12 A Walk in the Woods — Wint Nature Center May 12 Puddle Jumpers — Wint Nature Center May 13 Color Hunt — Wint Nature Center May 13 Frog Jumping Day — Red Oaks Nature Center May 19 Walk in the Woods — Red Oaks Nature Center May 20 Fill the Bill — Red Oaks Nature Center May 20 Michigan Shell-brities — Wint Nature Center Scout Badge Days May 6 Bird Study Merit Badge Day (Day #2) — Red Oaks Nature Center May 6 Brownies: Hiker Badge Day — Wint Nature Center Oakland Countv Farmer's Market May 3 Gleaner's Food Distribution May 14 Spring Flower Days May 17 Gleaner's Food Distribution May 19 Free Document Shredding Day May 21 Spring Flower Days May 28 Spring Flower Days May 31 Gleaner's Food Distribution Special Events May 6 Free Parks Entry Day May 6 Pet Wellness Clinic — Waterford Oaks May 7 Free Parks Entry Day May 13 Pet Wellness Clinic — Orion Oaks Dog Park May 20 Pet Wellness Clinic — Independence Oaks May 20 Oaks in the Hills — Rochester Hills Sprinqfield Oaks May 5-7 MI Antique Festival -Entire Park May 10 MI Historical Tour May 10 National Technical Honor Society Awards — Carousel Hall Oakland County Parks and Recreation Upcoming Events — May 2023 May 11 Gymnastic Awards Ceremony -Carousel Hall May 12-13 Horse Show -Equestrian Area May 13 Springfield Township Cleanup -Grounds May 13 Nagy Celebration of Life -Grand Hall May 17 Private Pickleball Birthday Party -Grand Hall May 18 Oakland County Homeland Security Conference -Carousel Hall May 19-21 Baughman Wedding -Activity Center May 19-21 Kochanowski Wedding -Ellis Barn May 19-20 Horse Show -Equestrian Area May 26-28 Barden Wedding -Ellis Barn May 26-27 Jones Wedding -Carousel Hall Wednesdays Ellis Barn Tours-6pm-8pm