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HomeMy WebLinkAboutResolutions - 2024.04.11 - 41131 AGENDA ITEM: City of Rochester Hills Innovation Hills Park Restroom Project Grant DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Thursday, April 11, 2024 6:31 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4013 _ 24-24 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Grant Brendan Johnson INTRODUCTION AND BACKGROUND The playground at Innovation Hills Park in the City of Rochester Hills has rapidly become one of the most popular destinations in Oakland County since it was opened in 2021. The playground covers a 3-acre area with 20 unique play elements, two pavilions, a sand play area, and a flowing splash river. The playground also features many elements designed to improve accessibility and enjoyment for children with special needs. The City estimates approximately 400,000 people visit the park annually. The popularity of Innovation Hills as a regional destination has placed a significant burden on the limited existing park infrastructure. Additional temporary overflow parking has been constructed to address traffic congestion at the main lot. The existing restroom facilities are also inadequate to serve park guests, often resulting in long lines and inconvenience for the public. The City has developed a $2 million project plan to construct new expanded restroom facilities designed to address these issues and has requested $500,000 in grant funding from Oakland County and Oakland County Parks to support this project. The Oakland County Parks and Recreation Commission has authorized a $250,000 grant for this purpose with the understanding that an additional $250,000 grant will be authorized by the Board of Commissioners. The City will be responsible for the remaining $1.5 million in estimated project costs. The City plans to construct the project this summer/fall if funding is approved by all parties. POLICY ANALYSIS This is a request for approval of a grant agreement between Oakland County, the Oakland County Parks and Recreation Commission and the City of Rochester Hills for a term beginning on the date of execution until May 31, 2025, for the Innovation Hills Park Restroom Project. There is a budget amendment required for $250,000, which is the amount requested from Oakland County. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional information. CONTACT Chris Ward, Director Parks & Recreation ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 4/11/2024 David Woodward, Board of Commissioners Approved - 4/11/2024 Hilarie Chambers, Executive's Office Approved - 4/12/2024 Lisa Brown, Clerk/Register of Deeds Final Approval - 4/12/2024 AGENDA DEADLINE: 04/21/2024 6:31 PM ATTACHMENTS 1. Parks and Rec Schedule A - Rochester Bathroom 2. Rochester Hills Grant Agreement - Innovation Hills Restroom COMMITTEE TRACKING 2024-04-02 Legislative Affairs & Government Operations - Forward to Finance 2024-04-03 Finance - Recommend to Board 2024-04-11 Full Board - Adopt Motioned by: Commissioner Michael Gingell Seconded by: Commissioner Penny Luebs Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (17) No: None (0) Abstain: None (0) Absent: Karen Joliat, William Miller III (2) Passed April 11, 2024 RESOLUTION #2024-4013 _ 24-24 Sponsored By: Brendan Johnson Parks & Recreation - City of Rochester Hills Innovation Hills Park Restroom Project Grant Chair and Members of the Board: WHEREAS the City of Rochester Hills has requested grant funding from Oakland County and the Oakland County Parks and Recreation Commission in the amount of $500,000 to fund a portion of the costs associated with constructing new restroom facilities at Innovation Hills Park. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached grant agreement with a term beginning from the time of execution until May 31, 2025, between the County of Oakland, the Oakland County Parks and Recreation Commission and the City of Rochester Hills for the Innovation Hills Park Restroom Project. BE IT FURTHER RESOLVED that the Board of Commissioners hereby approves a one-time appropriation of $250,000 from the General Fund Strategic Investment Plan (#383554) to the Parks and Recreation Department Budgeted Equity Adjustments Account (#796500) for the completion of the Innovation Hills Park renovations. BE IT FURTHER RESOLVED that the FY 2024 budget shall be amended as reflected in the attached Schedule A – Budget Amendment. Chair, the following Commissioners are sponsoring the foregoing Resolution: Brendan Johnson. Date: April 11, 2024 David Woodward, Commissioner Date: April 12, 2024 Hilarie Chambers, Deputy County Executive II Date: April 12, 2024 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2024-04-02 Legislative Affairs & Government Operations - Forward to Finance 2024-04-03 Finance - Recommend to Board 2024-04-11 Full Board - Adopt Motioned by Commissioner Michael Gingell seconded by Commissioner Penny Luebs to adopt the attached Grant: City of Rochester Hills Innovation Hills Park Restroom Project Grant. Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (17) No: None (0) Abstain: None (0) Absent: Karen Joliat, William Miller III (2) Passed ATTACHMENTS 1. Parks and Rec Schedule A - Rochester Bathroom 2. Rochester Hills Grant Agreement - Innovation Hills Restroom STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 11, 2024, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Thursday, April 11, 2024. Lisa Brown, Oakland County Clerk / Register of Deeds Oakland County, Michigan Parks and Recreation - City of Rochester Hills Innovation Hills Park Restroom Project Grant Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2024 Amendment FY 2025 Amendment FY 2026 Amendment R General Fund Non Departmental FND10100 CCN9010101 RC665882 PRG196030 665882 Planned Use of Balance $250,000 -- Total Revenue $250,000 E General Fund Non Departmental FND10100 CCN9010101 SC788001 PRG196030 BFA50800 788001 Transfers Out - Parks and Rec $250,000 Total Expendiure $250,000 $-$- R Parks and Recreation PR Planned Use of Balance FND50800 CCN5060666 RC695500 PRG160000 BFA10100 695500 Transfers In - Gen Fund $250,000 -- Total Revenues $250,000 $-$- E Parks and Recreation PR Planned Use of Balance FND50800 CCN5060666 SC796500 PRG160000 796500 Budgeted Equity Adjustments $(250,000) E Parks and Recreation PR Planned Use of Balance FND50800 CCN5060666 SC762011 PRG160000 762011 Transfer to Municipalities $500,000 Total Expenditures $250,000 $-$- Page 1 of 6--(3/20/2024) COUNTY OF OAKLAND/OAKLAND COUNTY PARKS GRANT AGREEMENT ROCHESTER HILLS – INNOVATION HILLS PARK RESTROOM PROJECT This Agreement is between the County of Oakland, 1200 North Telegraph Rd., Pontiac, MI 48341 (“County”), by and through its statutory agent, the Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, Mi 48328 and the City of Rochester Hills, 1000 Rochester Hills Drive, Rochester Hills, MI, 48309 (“Grantee”). The purpose of this Agreement is to provide funding to Grantee in exchange for the work to be performed by Grantee for the below named Project. The Parties acknowledge that Two Hundred Fifty Thousand Dollars ($250,000) of the Grant Amount is appropriated from the County General Fund (Account Special Projects) and Two Hundred Fifty Thousand Dollars ($250,000) of the Grant Amount is appropriated by the Oakland County Parks and Recreation Commission (“OCPRC”). The Parties agree to the terms and conditions set forth in this Agreement. Project Title (“Project”): Innovation Hills Restroom Building Project Number: 2-SP01 Grant Amount (“Grant Amount”): Five Hundred Thousand Dollars ($500,000.00) Grantee Match Amount (“Match Amount”): One Million Five Hundred Thousand Dollars ($1,500,000) Total Project Amount: Two Million Dollars ($2,000,000) Start Date: Effective Date—the date the last Party to this Agreement signs the Agreement End Date: May 31, 2025 By signing this Agreement, the below individuals certify they are authorized to sign this Agreement and the Parties will fulfill the terms of this Agreement. Grantee: Name: Bryan K. Barnett, Mayor Date City of Rochester Hills County of Oakland: Name: David T. Woodward, Chairperson Date Oakland County Board of Commissioners Oakland County Parks and Recreation Commission: Name: Ebony Bagley, Chairperson Date Oakland County Parks and Recreation Commission Page 2 of 6--(3/20/2024) 1.Agreement Execution. Grantee is required to sign the Agreement and return it to the contact person listed in Section 2 within sixty (60) calendar days of the date the Agreement is issued to Grantee. If not, the County, through the Oakland County Board of Commissioners Chairperson and the Oakland County Parks and Recreation Commission Chairperson may cancel this Agreement and the monies allocated under this Agreement may be issued to another entity, in the County’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 the County by the Planning & Resource Development Unit of the OCPRC. All notices, reports, documents, requests, actions, or other communications required between the County 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 Rochester Hills 2.1.2. Name/Title: Bryan K. Barnett, Mayor 2.1.3. Address: 1000 Rochester Hills Drive, Rochester Hills, MI 48309 2.1.4. Telephone Number: 248-656-4664 2.1.5. E-Mail Address: mayorsoffice@rochesterhills.org 2.2. County Contact 2.2.1. Name/Title: Melissa Prowse, Manager of Oakland County Parks and Recreation 2.2.2. Address: 2800 Watkins Lake Road, Waterford, MI 48328 2.2.3. Telephone Number: 248-249-2801 2.2.4. E-Mail Address: prowsem@oakgov.com 3.Project/Project 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. Grantee shall complete the Project within the Project Period. Requests to extend the Project Period must be made in writing a minimum of thirty (30) calendar days before the Project Period ends. The County may extend the Project Period, in its sole discretion, and the extension must be codified in an amendment to this Agreement. 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 the County. 4.2. Within sixty (60) days of Project completion, Grantee shall submit final reporting documentation, 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 the County. 5.Payments/Advances/Project Closeout. The County shall make payments of the Grant Amount to Grantee as follows: Page 3 of 6--(3/20/2024) 5.1. OCPRC shall pay the Grantee $250,000 of the Grant Amount listed on page 1 of this Agreement within thirty (30) calendar days of the Effective Date. The remaining fifty percent (50%) of the Grant Amount shall be paid by Oakland County within thirty (30) 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 the Grantee. 5.2. To be eligible for payment, the Grantee must submit a complete payment request to the County on form(s) provided by the County and have satisfied all progress reporting requirements due prior to the date of the payment request. 5.3. Grantee shall submit documentation of all costs incurred, including the value of match and donations made to the Project. 5.4. The County reserves the right to request additional information necessary to substantiate payments. 5.5. Grantee shall be a registered vendor with the County of Oakland to receive payments. Registration can be accomplished by completing a vendor registration through the Oakland County Vendor Registration link on the County Web site. All grant funds will be paid by ACH or Check. 5.6. The County 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 the County after Grantee has met any match obligations, satisfactorily completed the activities, and provided products and deliverables described in Exhibit A. 5.8. Grantee shall immediately refund to the County any payments in excess of the costs allowed by this Agreement. 5.9. Upon issuance of final payment from the County, Grantee releases the County of all claims against the County 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 the County’s claims against Grantee. 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. 6.2. Grantee shall obtain all necessary permits and licenses for construction and maintenance of 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 the County upon request. 6.3. Grantee shall have control of the Project area through fee simple title, lease, or other recorded interest, or have written permission from the owner of the Project area to complete Project activities. 6.4. Grantee shall abide by all State and federal threatened and endangered species regulations when completing Project activities. 6.5. 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. 6.6. 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. 6.7. 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. 6.8. Grantee shall require all contractors and subcontractors constructing or performing the Project to comply with this Agreement. 6.9. The grantee shall ensure all contractors and subcontractors constructing and performing the Project are qualified to perform such work. 6.10. The Grantee shall be solely responsible for the installation, operation, repair, and maintenance of the Project. 6.11. All records related to the Project must be maintained for a minimum of seven (7) years after the final payment has been issued to the Grantee by the County. 6.12. Grantee shall install a temporary sign at the project site prior completion of the project stating that the Project or a portion of the Project was paid for with monies provided by Oakland County and OCPRC. 6.13. The Grantor and Grantee shall mutually agree upon the design of a permanent 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 the Grantee. The Grantee shall install the sign and ensure it remains at the Project site for a minimum of five (5) years. 7.Liability. 7.1. The County is not liable or required to install, operate, repair, maintain, or contribute to the installation, operation, repair, 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 or associated Project activities or that involves title, ownership, or other specific rights of real property controlled by Grantee and relates to the Project. 7.3. The County is not responsible for any Claims arising under or in any manner related to the Agreement, the activities authorized by the 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 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. 8.Insurance. The 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. The County shall not obtain any insurance or provide any self-insurance for construction and/or operation of the Project. 9.Audit and Access to Records. The County reserves the right to conduct programmatic and financial audits of the Project and may withhold payment until the audit is satisfactorily 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 the County. The County 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 seven (7) years after the final payment has been issued to Grantee by the County. 10.Assignability. Grantee shall not assign or transfer any interest in this Agreement without prior written authorization of the County. 11.Changes. Any changes to this Agreement requested by Grantee shall be made in writing and sent to the contact listed in Section 2 of this Agreement. The County may approve or deny such change, in its sole discretion. Changes requiring an amendment to this Agreement will be executed in the same manner as this Agreement. 12.Termination. 12.1. 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, the County may, in addition to any other remedy provided by law: 12.1.1. Terminate this Agreement; 12.1.2. Withhold and/or cancel future payments to Grantee on any or all current grant projects until the violation is resolved to the satisfaction of the County; 12.1.3. Withhold action on all pending and future grant applications submitted by Grantee; or 12.1.4. Require specific performance of the Agreement. 12.2. Upon the date of termination, all outstanding reports and documents are due to the County and after the termination date the County will no longer be liable to pay or reimburse the Grantee any outstanding Grant Amounts. EXHIBIT A— INNOVATION HILLS RESTROOM PROJECT 1. Project Description. a.Grantee is requesting funding to install a restroom building at Innovation Hills Park located at 2800 W. Hamlin Road in Rochester Hills. b.The restroom building will be located to the east of the existing parking lot, adjacent to the main playground entrance in a very visible location. c.Innovation Hills opened in 2019 with anticipated use of 100,000 – 150,000 visitors per year. The park contains a large playground with multiple, unique play features, as well as trails and boardwalks through the woods and along the river. d.The popularity and success of Innovation Hills park, with nearly 450,000 visitors in 2023, demonstrates demand for additional restrooms. e.The expected time for installation/construction of the restroom is summer/fall of 2024.