HomeMy WebLinkAboutResolutions - 2024.04.11 - 41133
AGENDA ITEM: Grant Agreement with the Michigan Economic Development Corporation (MEDC)
for the Pontiac Redevelopment Grant
DEPARTMENT: Economic Development
MEETING: Board of Commissioners
DATE: Thursday, April 11, 2024 6:31 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-3996 _ 24-25
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Grant Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
The Michigan Economic Development Corporation (MEDC) has awarded Oakland County's
Economic Development Department grant funding in the amount of $50,000,000.
Oakland County purchased property in downtown Pontiac including two buildings and surrounding
structures and parcels in 2023 per Miscellaneous Resolutions 23-128 and 23-132. The building
located at 31 East Judson, approximately 200,000 square feet, is vacant and requires renovations
prior to being occupied by County departments, and 51111 Woodward, approximately 200,000
square feet, is substantially occupied and has usable space that can be utilized by County
departments if needed, and would require some alterations.
The funding will be used to support the cost of improvements to county operations, including, but
not limited to, property acquisition, building renovations, blight removal, redevelopment of
commercial green spaces, streetmaking, placemaking, and development of safe parking options for
county and state workers and residents.
The grant has completed the grant review process.
POLICY ANALYSIS
The purpose of this Agreement is to provide funding to Oakland County to support the cost of
improvements to county operations, including, but not limited to, property acquisition, building
renovations, blight removal, redevelopment of commercial and green spaces, streetmaking,
placemaking, and development of safe parking options for county and state workers and residents.
Total funding for this grant budget equals $60 million: $50 million in MEDC grant funds and $10
million in local funding from Oakland County. The MEDC grant shall be disbursed in two portions.
1. An initial disbursement of 50% of the grant funds shall be made by the MEDC to the County
within thirty days of execution of this agreement by both Parties.
2. Additional funds shall only be disbursed after verification that the previous payment has been
expended, in full, in accordance with this agreement and budget. A second, and final,
payment of the remaining 50% of the Grant funds under this Agreement shall be made by the
MEDC to the County upon receipt and approval of supporting documentation showing that
the remaining costs for which payment is requested have been appropriately expended in
accordance with the budget.
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
Sean Carlson, Deputy County Executive II
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 4/12/2024
David Woodward, Board of Commissioners Approved - 4/12/2024
David Coulter, Executive's Office Approved - 4/15/2024
Lisa Brown, Clerk/Register of Deeds Final Approval - 4/16/2024
AGENDA DEADLINE: 04/21/2024 6:31 PM
ATTACHMENTS
1. ED&I - Pontiac Redevelopment grant_Schedule A
2. MEDC Grant Agreement with Oakland County (updated)
3. Grant Review Sign-Off
4. Case-400219 Oakland County - Exe Copy 3 (redline)
COMMITTEE TRACKING
2024-04-03 Economic Development & Infrastructure - Forward to Finance, as Amended
2024-04-03 Finance - Recommend to Board
2024-04-11 Full Board
Motioned by: Commissioner Yolanda Smith Charles
Seconded by: Commissioner Angela Powell
Yes: David Woodward, Michael Gingell, Penny Luebs, Kristen Nelson, Gwen Markham, Angela
Powell, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman, Ann Erickson Gault, Linnie Taylor (13)
No: Michael Spisz, Christine Long, Robert Hoffman, Philip Weipert (4)
Abstain: None (0)
Absent: Karen Joliat, William Miller III (2)
Passed
April 11, 2024
RESOLUTION #2024-3996 _ 24-25
Sponsored By: Yolanda Smith Charles
Economic Development - Grant Agreement with the Michigan Economic Development
Corporation (MEDC) for the Pontiac Redevelopment Grant
Chair and Members of the Board:
WHEREAS the Michigan Economic Development Corporation (MEDC) has awarded Oakland
County’s Economic Development Department grant funding in the amount of $50,000,000; and
WHEREAS Oakland County has allocated $10,000,000 of federal Local Fiscal Recovery Funds for
the Pontiac office relocation project and may consider issuing bonds in the future for a portion of the
overall project; and
WHEREAS Oakland County purchased property in downtown Pontiac including two buildings (31
East Judson and 51111 Woodward) and surrounding structures and parcels in 2023 per
Miscellaneous Resolutions 23-128 and 23-132; and
WHEREAS the funding will be used to support the cost of improvements to county operations,
including but not limited to, property acquisition, building renovations, blight removal, redevelopment
of commercial green spaces, streetmaking, placemaking, and development of safe parking and transit
options for county and state workers and residents.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
grant funding from the Michigan Economic Development Corporation (MEDC) in the amount of
$50,000,000 for the grant period of October 1, 2023, through September 30, 2027.
BE IT FURTHER RESOLVED that local funding in the amount of $10,000,000 will be allocated from
the County’s federal Local Fiscal Recovery Funds.
BE IT FURTHER RESOLVED that the Chair of Board of Commissioners is authorized to execute the
agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the
original award, which are consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any
future commitment and continuation of this program is contingent upon continued future levels of
grant funding.
BE IT FURTHER RESOLVED that the FY 2024-2026 budget be amended as detailed in the attached
Schedule A.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: April 12, 2024
David Woodward, Commissioner
Date: April 15, 2024
David Coulter, Oakland County Executive
Date: April 16, 2024
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2024-04-03 Economic Development & Infrastructure - Forward to Finance, as Amended
2024-04-03 Finance - Recommend to Board
2024-04-11 Full Board
Motioned by Commissioner Yolanda Smith Charles seconded by Commissioner Angela Powell to
adopt the attached Grant: Grant Agreement with the Michigan Economic Development Corporation
(MEDC) for the Pontiac Redevelopment Grant.
Yes: David Woodward, Michael Gingell, Penny Luebs, Kristen Nelson, Gwen Markham, Angela
Powell, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman, Ann Erickson Gault, Linnie Taylor (13)
No: Michael Spisz, Christine Long, Robert Hoffman, Philip Weipert (4)
Abstain: None (0)
Absent: Karen Joliat, William Miller III (2)
Passed
ATTACHMENTS
1. ED&I - Pontiac Redevelopment grant_Schedule A
2. MEDC Grant Agreement with Oakland County (updated)
3. Grant Review Sign-Off
4. Case-400219 Oakland County - Exe Copy 3 (redline)
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
ECONOMIC DEVELOPMENT/BUSINESS DEVELOPMENT DIVISION - GRANT ACCEPTANCE FOR THE MICHIGAN ECONOMIC DEVELOPMENT CORPORATION (MEDC) PONTIAC REDEVELOPMENT 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 Pontiac Development Fund Facilities Planning FND42110 CCN1040801 RC615571 PRG148020 GRN-1004403 615000 State Operating Grants 50,000,000
R Pontiac Development Fund Facilities Planning FND42110 CCN1040801 RC695500 PRG148020 BFA10100 695500 Transfers In 10,000,000
Total Revenues $60,000,000 $-$-
E Pontiac Development Fund Facilities Planning FND42110 CCN1040801 SC760126 PRG148020 GRN-1004403 PRJ-17526 761000 Capital Outlay Miscellaneous 50,000,000
E Pontiac Development Fund Facilities Planning FND42110 CCN1040801 SC760126 PRG148020 761000 Capital Outlay Miscellaneous 10,000,000 --
E Pontiac Development Fund Facilities Planning FND42110 CCN1040801 SC788001 PRG148020 BFA10100 788001 Transfers Out $19,800,000 $-$-
E Pontiac Development Fund Facilities Planning FND42110 CCN1040801 SC760126 PRG148020 PRJ-17526 761000 Capital Outlay Miscellaneous (19,800,000)--
Total Expenditures $60,000,000 $-$-
R General Fund Non-Departmental FND10100 CCN9010101 RC695500 PRG196030 BFA42110 695500 Transfers In 19,800,000 --
R General Fund Health Administration FND10100 CCN1060101 RC695500 PRG133000 BFA42110 695500 Transfers In (10,000,000)
R General Fund Non-Departmental FND10100 CCN9010101 RC665882 PRG196030 665882 Planned Use of Balance 200,000
Total Revenues $10,000,000 $-$-
E General Fund Health Administration FND10100 CCN1060101 SC788001 PRG133000 BFA42110 788001 Transfers Out $10,000,000 $-$-
Total Expenditures $10,000,000 $-$-
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MICHIGAN ECONOMIC DEVELOPMENT CORPORATION
GRANT WITH
OAKLAND COUNTY
The Michigan Economic Development Corporation (the “MEDC”) enters into a binding
agreement (the “Agreement”) with Oakland County (the “Grantee”). As used in this
Agreement, the MEDC and Grantee are sometimes individually referred to as a “Party” and
collectively as “Parties.”
Grantee: Oakland County
21000 Pontiac Lake Road
Waterford, Michigan 48238
I. NATURE OF SERVICES. The purpose of this Agreement is to provide funding to
the Grantee to support the cost of improvements to county operations, including,
but not limited to, property acquisition, building renovations, blight removal,
redevelopment of commercial and green spaces, streetmaking, placemaking, and
development of safe parking options for county and state workers and residents
(the “Grant Activities”).
II. PERFORMANCE SCHEDULE.
Starting Date: October 1, 2023 Ending Date: September 30, 2027
The term of this Agreement (the “Term”) shall commence on the Starting Date and
shall continue until the occurrence of an event described in Section IX of this
Agreement.
III. INCORPORATION BY REFERENCE. The following documents are incorporated
by reference as binding obligations, term, and conditions of this Agreement.
Exhibit A: Grantee’s Budget
In the event of any inconsistency between the provisions of Exhibit A and this
Agreement, the provisions of this Agreement shall control.
IV. PAYMENT SCHEDULE INFORMATION.
A. The MEDC agrees to pay the Grantee a sum not to exceed Fifty Million
Dollars ($50,000,000) (the “Grant”). This Agreement does not commit the
MEDC to approve requests for additional funds during or beyond the Term.
B. MEDC requires that payments under this Agreement be processed by
electronic funds transfer (EFT). Grantee is required to register to receive
payments by EFT at the State Integrated Governmental Management
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Applications (SIGMA) Vendor Self Service (VSS) website
(www.michigan.gov/VSSLogin).
C. The Grant shall be disbursed in two tranches. Subject to Section IV.B., an
initial disbursement of 50% of the Grant funds shall be made by the MEDC
to the Grantee within thirty days of execution of this Agreement by both
Parties (the “Initial Payment”).
D. Additional funds shall only be disbursed after verification that the previous
payment has been expended, in full, in accordance with this Agreement and
Grantee’s Budget, including providing appropriate supporting
documentation. A second, and final, payment of the remaining 50% of the
Grant funds under this Agreement shall be made by the MEDC to Grantee
upon receipt and approval by the Grant Administrator of Grantee’s
supporting documentation showing that the remaining costs for which
payment is requested have been appropriately expended in accordance with
Grantee’s Budget. Supporting documentation may include invoices,
accounting ledgers, and/or other supporting documentation as approved by
the Grant Administrator. Grantee shall provide such documentation to Grant
Administrator when requesting disbursement, or at Grant Administrator’s
request through the Term. Grant Administrator shall provide Grantee with
appropriate submission instructions of Grantee’s supporting documentation.
Grantee’s supporting documentation may be subject to a final audit prior to
the release of final payment.
E. The Grantee agrees that all funds shown in the Budget, described in
Exhibit A, are to be spent as specified. Grantee may not submit a request
for the same costs twice. Grantee may reallocate expenditures between the
categories identified in Grantee’s Budget of up to ten percent (10%) of the
total Grant funds without prior written approval of the Grant Manager.
Changes greater than ten percent (10%) of the total Grant Funds are only
allowed upon review and written approval by the Grant Administrator. The
addition of any Budget categories requires review and written approval by
the Grant Administrator.
V. MEDC GRANT ADMINISTRATOR. The Grantee must communicate with the
MEDC representative named below or his or her designee regarding this
Agreement. The Grant Administrator may be changed, at any time, at the
discretion of the MEDC.
Kristyn Blackmer (the “Grant Administrator”)
Michigan Economic Development Corporation
300 North Washington Square
Lansing, Michigan 48913
blackmerk1@michigan.org
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VI. GRANTEE DUTIES.
A. The Grantee agrees to submit documentation of the expenditures of funds
in accordance with Grantee’s Budget (Exhibit A) and submit quarterly
progress reports in form and substance satisfactory to the MEDC. Quarterly
reporting shall include, at a minimum, the status of the Grant Activities and
an accounting of all funds expended on Grant Activities during that quarter.
B. The Grantee shall ensure the services, supplies, and/or materials identified
in Grantee’s Budget are necessary to accomplishing the Grant Activities and
the amount paid for such services, supplies, and/or materials will not exceed
the amount ordinarily paid for such services, supplies, or materials in the
area where the services are rendered, or the supplies or materials are
furnished.
VII. RELATIONSHIP OF THE PARTIES.
A. Grantee affirms the services performed under this Agreement complement,
but are not integral, to the mission of the MEDC;
B. Due to the nature of the services described herein and the need for
specialized skill and knowledge of Grantee, the MEDC is entering into this
Agreement with Grantee. As a result, an employment relationship is not
established with the Grantee or any of its employees or agents as a result of
this Agreement.
C. Grantee will maintain an independent, self-supporting business and provide
the services and achieve the results specified in this Agreement free from
the direction and/or control of the MEDC as to means and methods of
performance.
D. The MEDC is not responsible for any insurance or other fringe benefits,
including, but not limited to, Social Security, Worker's Compensation, income
tax withholdings, retirement or leave benefits, for Grantee or its
employees. Grantee assumes full responsibility for the provision of all such
insurance coverage and fringe benefits for its employees.
E. Unless otherwise specified,, all tools, supplies, materials, equipment, and
office space necessary to carry out this Agreement are the sole responsibility
of Grantee.
F. Grantee shall retain all control of its employees and staffing decisions
independent of the direction and control of the MEDC.
G. Grantee can, and is encouraged to, seek and obtain other opportunities for
revenue from third parties during the Term of this Agreement.
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VIII. ACCESS TO RECORDS. During the Term, and for seven (7) years after the
Ending Date, the Grantee shall maintain reasonable records, including evidence
that the services actually were performed and the identity of all individuals paid for
such services, and shall allow access to those records by the MEDC or their
authorized representative at any time during this period.
IX. TERMINATION. This Agreement shall terminate upon the earlier of the following:
A. The Ending Date.
B. Termination by the MEDC:
1. By giving thirty (30) calendar days prior written notice to the Grantee in the
event of fraudulent behavior or other egregious circumstances directly
relating to the Grantee or the Grant Activities not otherwise covered by
Section XIX of this Agreement, which would in the judgment of the MEDC
CEO, reflect unfavorably on the State of Michigan if the Agreement were
not terminated; or
2. In the event that the Legislature of the State of Michigan the State
Government, or any State official, commission, authority, body, or employee
or the federal government (a) takes any legislative or administrative action
which fails to provide, terminates, or reduces the funding necessary for this
Agreement; or (b) takes any legislative or administrative action, which is
unrelated to the source of funding for the Agreement, but which affects the
MEDC’s ability to fund and administer this Agreement and other MEDC
programs, provided, however, that in the event such action results in an
immediate absence or termination of funding, cancellation may be made
effective immediately upon delivery of notice to the Grantee; or
3. Pursuant to Section XIX of this Agreement.
X. MEDC EMPLOYEES. The Grantee will not hire any employee of the MEDC to
perform any services covered by this Agreement without prior written approval
from the Chief Executive Officer of the MEDC.
XI. CONFIDENTIAL INFORMATION. Except as required by law, the Grantee shall
not disclose any information, including targeted business lists, economic
development analyses, computer programs, databases, and all materials
furnished to the Grantee by the MEDC without the prior written consent of the
MEDC. All information described in this Section shall be considered “Confidential
Information” under this Agreement. Confidential Information does not include: (a)
information that is already in the possession of, or is independently developed by,
Grantee; (b) becomes publicly available other than through breach of this
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Agreement; (c) is received by Grantee from a third party with authorization to make
such disclosures; or (d) is released with MEDC’s written consent.
XII. PUBLICATIONS. Except for Confidential Information, the MEDC hereby agrees
that researchers funded with this Agreement shall be permitted to present at
symposia, national, or regional professional meetings, and to publish in journals,
theses, or dissertations, or otherwise of their own choosing, the methods and
results of their research. Grantee shall at its sole discretion and at its sole cost
and expense, prior to publication, seek intellectual property protection for any
Inventions (as described in Section XIII) if commercially warranted. Grantee shall
submit to the MEDC a listing of articles that Grantee has submitted for publication
resulting from work performed hereunder in its quarterly report to the MEDC.
Grantee shall acknowledge the financial support received from the MEDC, as
appropriate, in any such publication.
XIII. INTELLECTUAL PROPERTY RIGHTS. Grantee shall retain ownership to the
entire right, title, and interest in any new inventions, improvements, or discoveries
developed or produced under this Agreement, including, but not limited to,
concepts know-how, software, materials, methods, and devices (“Inventions”) and
shall have the right to enter into license agreements with industry covering
Inventions.
XIV. CONFLICT OF INTEREST. Except as has been disclosed to the MEDC, Grantee
affirms that neither the Grantee nor its Affiliates or their employees has, shall have,
or shall acquire any contractual, financial business, or other interest, direct or
indirect, that would conflict in any manner with Grantee’s performance of its
obligations under this Agreement or otherwise create the appearance of
impropriety with respect to this Agreement.
Grantee further affirms that neither Grantee nor any affiliates or their employees
has accepted or shall accept anything of value based on an understanding that the
actions of the Grantee or its affiliates or either’s employees on behalf of the MEDC
would be influenced. Grantee shall not attempt to influence any MEDC employee
by the direct or indirect offer of anything of value. Grantee also affirms that neither
Grantee, nor its Affiliates or their employees has paid or agreed to pay any person,
other than bona fide employees and consultants working solely for Grantee or its
Affiliate, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the execution of this Agreement.
In the event of change in either the interests or services under this Agreement,
Grantee will inform the MEDC regarding possible conflicts of interest which may
arise as a result of such change. Grantee agrees that conflicts of interest shall be
resolved to the MEDC’s satisfaction or the MEDC may terminate this Agreement.
As used in this Paragraph, “conflict of interest” shall include, but not be limited to,
conflicts of interest that are defined under the laws of the State of Michigan.
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XV. INDEMNIFICATION AND GRANTEE LIABILITY INSURANCE. To the extent
permitted by law, the Grantee shall indemnify, defend and hold harmless the
MEDC, its corporate board of directors, executive committee members including
its participants, its corporate board of directors, its officers, agents, and employees
(the “Indemnified Persons”) from any damages that it may sustain through the
negligence of the Grantee pertaining to the performance of this Agreement. The
Grantee will provide and maintain its own general liability, property damage, and
Worker’s Compensation insurance or governmental self-insurance. The insurance
or governmental self-insurance shall be written for not less than any limits of
liability required by law for the Grantee's obligation under this Agreement.
XVI. TOTAL AGREEMENT. This Agreement, together with Exhibit A incorporated
herein, is the entire agreement between the Parties superseding any prior or
concurrent agreements as to the services being provided, and no oral or written
terms or conditions which are not contained in this Agreement shall be binding.
This Agreement may not be changed except by mutual agreement of the Parties
reduced to writing and signed.
XVII. ASSIGNMENT/TRANSFER/SUBCONTRACTING. Except as contemplated by
this Agreement, the Grantee shall not assign, transfer, convey, subcontract, or
otherwise dispose of any duties or rights under this Agreement without the prior
specific written consent of the MEDC. Any future successors of the Grantee will
be bound by the provisions of this Agreement unless the MEDC otherwise agrees
in a specific written consent. The MEDC reserves the right to approve
subcontractors for this Agreement and to require the Grantee to replace
subcontractors who are found to be unacceptable.
XVIII. COMPLIANCE WITH LAWS. The Grantee is not and will not during the Term be
in violation of any laws, ordinances, regulations, rules, orders, judgments, decrees,
or other requirements imposed by any governmental authority to which it is subject,
and will not fail to obtain any licenses, permits, or other governmental
authorizations necessary to carry out its duties under this Agreement.
XIX. DEFAULT. The occurrence of any one or more of the following events or
conditions shall constitute an “Event of Default” under this Agreement, unless a
written waiver of the Event of Default is signed by the MEDC: (a) any
representation, covenant, certification, or warranty made by the Grantee shall
prove incorrect at the time that such representation, covenant, certification, or
warranty was made in any material respect; (b) the Grantee’s failure generally to
pay debts as they mature, or the appointment of a receiver or custodian over a
material portion of the Grantee’s assets, which receiver or custodian is not
discharged within sixty (60) calendar days of such appointment; (c) any voluntary
bankruptcy or insolvency proceedings are commenced by the Grantee; (d) any
involuntary bankruptcy or insolvency proceedings are commenced against the
Grantee, which proceedings are not set aside within sixty (60) calendar days from
the date of institution thereof; (e) any writ of attachment, garnishment, execution,
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tax lien, or similar writ is issued against any property of the Grantee, which is not
removed within sixty (60) calendar days. (f) the Grantee’s failure to comply with the
reporting requirements hereof; (g) the Grantee’s failure to comply with any obligations
or duties contained herein; and/or (h) Grantee’s use of the Grant funds for any
purpose not contemplated under this Agreement.
XX. AVAILABLE REMEDIES. Upon the occurrence of any one or more of the Events of
Default, the MEDC may terminate this Agreement immediately upon notice to the
Grantee. The termination of this Agreement is not intended to be the sole and
exclusive remedy in case any Event of Default shall occur and each remedy shall be
cumulative and in addition to every other provision or remedy given herein or now or
hereafter existing at law or equity.
XXI. REIMBURSEMENT. If this Agreement is terminated as a result of Section XIX(h)
hereof, the MEDC shall have no further obligation to make a Grant disbursement
to the Grantee. The Grantee shall reimburse the MEDC for disbursements of the
Grant determined to have been expended for purposes other than as set forth
herein as well as any Grant funds, which were previously disbursed but not yet
expended by the Grantee.
XXII. NOTICES. Any notice, approval, request, authorization, direction, or other
communication under this Agreement shall be given in writing and shall be deemed
to have been delivered and given for all purposes: (a) on the delivery date if
delivered by electronic mail or by confirmed facsimile; (b) on the delivery date if
delivered personally to the Party to whom the same is directed; (c) one business
day after deposit with a commercial overnight carrier, with written verification of
receipt; or (d) Three business days after the mailing date, whether or not actually
received, if sent by U.S. mail, return receipt requested, postage, and charges
prepaid, or any other means of rapid mail delivery for which a receipt is available.
The notice address for the Parties shall be the address as set forth in this
Agreement, with the other relevant notice information, including the recipient for
notice and, as applicable, such recipient’s facsimile number or electronic mail
address, to be as reasonably identified by notifying Party. The MEDC and Grantee
may, by notice given hereunder, designate any further or different addresses to
which subsequent notices shall be sent.
XXIII. ACCESS TO RECORDS AND INSPECTION RIGHTS. During the Term, there will
be frequent contact between the Grant Administrator and the Grantee. Until the
end of the Term, to enable the MEDC to monitor and ensure compliance with the
terms of this Agreement, the Grantee shall permit the MEDC to visit the Grantee,
and any other location where books and records of the Grantee are normally kept,
to inspect the books and records, including financial records and all other
information and data relevant to the terms of this Agreement, including the
expenditure of the Grant disbursements; provided, however, that such audit right
shall survive the end of the Term by three (3) years. At such visits, the Grantee
shall permit any employee or agent of the MEDC to make copies or extracts from
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information and to discuss the affairs, finances, and accounts of the Grantee
related to this Agreement with its officers, employees, or agents. The MEDC shall
have the right to remove, photocopy, photograph, or otherwise record in any way
any part of such books and records with the prior written consent of the Grantee,
which consent shall not be unreasonably withheld.
XXIV. GOVERNING LAW. This Agreement is made and entered into in the State of
Michigan and shall in all respects be interpreted, enforced, and governed under
the laws of the State of Michigan without regard to the doctrines of conflict of laws.
The terms of this provision shall survive the termination or cancellation of the
Agreement.
XXV. COUNTERPARTS AND COPIES. The Parties hereby agree that the faxed
signatures of the Parties to this Agreement shall be as binding and enforceable as
original signatures; and that this Agreement may be executed in multiple
counterparts with the counterparts together being deemed to constitute the
complete agreement of the Parties. Copies (whether photostatic, facsimile or
otherwise) of this Agreement may be made and relied upon to the same extent as
though such copy was an original.
XXVI. JURISDICTION. In connection with any dispute between the Parties under this
Agreement, the Parties hereby irrevocably submit to jurisdiction and venue of the
Michigan circuit courts of the State of Michigan located in Ingham County. Each
Party hereby waives and agrees not to assert, by way of motion as a defense or
otherwise in any such action any claim; (a) that it is not subject to the jurisdiction
of such court; (b) that the action is brought in an inconvenient forum; (c) that the
venue of the suit, action, or other proceeding is improper; or (d) that this Agreement
or the subject matter of this Agreement may not be enforced in or by such court.
XXVII. SEVERABILITY. All of the clauses of this Agreement are distinct and severable
and, if any clause shall be deemed illegal, void, or unenforceable, it shall not affect
the validity, legality, or enforceability of any other clause or provision of this
Agreement. To the extent possible, the illegal, void, or unenforceable provision
shall be revised to the extent required to render the Agreement enforceable and
valid, and to the fullest extent possible, the rights and responsibilities of the Parties
shall be interpreted and enforced to preserve the Agreement and the intent of the
Parties. Provided, if application of this section should materially and adversely alter
or affect a Party’s rights or obligations under this Agreement, the Parties agree to
negotiate in good faith to develop a structure that is as nearly the same structure
as the original Agreement (as may be amended from time to time) without regard
to such invalidity, illegality, or unenforceability.
XXVIII. PUBLICITY. At the request and expense of the MEDC, the Grantee will cooperate
with the MEDC to promote the Grant Activities through one or more of the
placement of a sign, plaque, media coverage, or other public presentation at the
project or other location acceptable to the Parties.
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XXIX. SURVIVAL. The terms and conditions of sections VII, VIII, XI, XV, XVII, XXIV,
XXVI, and XXVII shall survive termination of this Agreement.
(remainder of page intentionally left blank)
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The signatories below warrant that they are empowered to enter into this Agreement.
GRANTEE ACCEPTANCE: Oakland County
Dated: _____________ __________________________________
David Woodward
Chairman of the Oakland County Board of
Commissioners
MEDC ACCEPTANCE: Michigan Economic Development Corporation
Dated: _____________ __________________________________
Christin Armstrong
Secretary
Execution Copy CASE - 400219
A-1
EXHIBIT A
GRANTEE’S BUDGET
Special Grant Project Budget
1. Grantee: Oakland County 2. Project Title: Pontiac R3 (Redevelop, Revitalize, Reconnect) Project
3. Project Cost Elements 4. Funding Sources: Michigan Enhancement Grant and County funding
Activities Other/Additional Notes
Michigan
Enhancement
Grant Local Funding Other Funding Total
Architecture A&E Firm
Building Repair &
Maintenance Renovations to 31 E. Judson
Demolition of Garage &
Construction: Construction of New Garage $50,000,000.00 $10,000,000.00
Construction Contingency
General Admin Costs
Necessary to Implement the
Project (staff costs, etc.): Cost to Manage Project
Other: Real Estate Purchase
Total $50,000,000.00 $10,000,000.00 $- $60,000,000.00
GRANT REVIEW SIGN-OFF – Economic Development and Community Affairs
GRANT NAME: Pontiac R3 (Redevelop, Revitalize, Reconnect) Project Grant
FUNDING AGENCY: Michigan Economic Development Corporation (MEDC)
DEPARTMENT CONTACT: Megan Sellers
STATUS: Acceptance (Greater than $50,000)
DATE: 03/21/2024
Please be advised that the captioned grant materials have completed the internal grant review. The returned comments are
below.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off and the grant agreement/contract with related documentation) should be placed on the next agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved –Sheryl Johnson (03/20/2024)
Human Resources:
Approved – Heather Mason (03/20/2024)
Risk Management:
Approved – Robert Erlenbeck (03/21/2024)
Corporation Counsel:
Approved – Jody Hall (03/20/2024