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HomeMy WebLinkAboutResolutions - 2025.02.11 - 41863 AGENDA ITEM: 2025 Strategic Partnership Grant - City of Farmington DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Tuesday, February 11, 2025 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2025-4877 Motion to approve the Park Development Grant Agreement with the City of Farmington for the Fitness Court project with a Strategic Partnership Grant in the amount of $200,000; further, authorize the Chair of the Board of Commissioners to execute the grant agreement. ITEM CATEGORY SPONSORED BY Contract Brendan Johnson INTRODUCTION AND BACKGROUND The Mayor of the City of Farmington approached OCPR regarding the feasibility of providing grant funding for the development of fitness court at Shiawassee Park. The City has received a $105,000 grant from Priority Health and will be committing $172,500 in their funds to the project. A grant in the amount of $200,000 from OCPR would make it possible for the project to move forward this summer. The project aligns well with OCPR's core value of promoting health and wellness and is located in an area where we have a limited presence. The Commission approved a list of Strategic Partnership Grants for 2024 last March. One of the projects that was allocated funding, acquisition of the Pontiac School District’s property at Pontiac Oaks, is no longer necessary due to the partnership agreement we have reached with the district. The $150,000 previously allocated for this purpose is available to be repurposed for this project and the remaining $50,000 is available from unallocated/unrestricted net equity funds. On January 8, 2025, the Parks Commission approved the attached Park Development Grant Agreement with the City of Farmington with a Strategic Partnership Grant in the amount of $200,000. POLICY ANALYSIS This request is to approve a 3-year agreement with the City of Farmington through a partnership grant in the amount of $200,000. The City of Farmington plans to enhance Shiawassee and Flanders Parks by adding a fitness court with adult workout facilities that can be utilized by visitors, residents and business owners. The total cost of this project is $472,500, which includes a grant match of $100,000 from the National Fitness Challenge and Priority Health and $172,500 from the City of Farmington. There is no budget amendment required as there is sufficient funding available. BUDGET AMENDMENT REQUIRED: No Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@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 - 2/11/2025 AGENDA DEADLINE: 02/21/2025 7:36 PM ATTACHMENTS 1. 021125Partnership Grant Agreement Farmington 2. 021125 Strategic Partnership Grant - City of Farmington - Exhibit A COMMITTEE TRACKING 2025-02-04 Legislative Affairs & Government Operations - Recommend to Board 2025-02-11 Full Board - Adopt Motioned by: Commissioner Michael Gingell Seconded by: Commissioner Penny Luebs Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor, Robert Smiley (18) No: None (0) Abstain: None (0) Absent: Gwen Markham (1) Passed Page 1 of 5 COUNTY OF OAKLAND—PARK DEVELOPMENT AGREEMENT CITY OF FARMINGTON – NFC FITNESS COURTS IN FARMINGTON This Agreement is between the County of Oakland, by and through, its statutory agent, the Oakland County Parks and Recreation Commission (“OCPRC”) and the City of Farmington, 23600 Liberty Street, Farmington, MI 48336 (“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 agree to the terms and conditions set forth in this Agreement. Project Title (“Project”): NFC Fitness Courts in Farmington Grant Amount (“Grant Amount”): Two Hundred Thousand Dollars ($200,000) Grantee Match Amount (“Match Amount”): Two Hundred and Seventy-two Thousand Dollars ($272,000) Total Project Amount: Four Hundred and Seventy-two Thousand Dollars ($472,500) Start Date: Effective Date—the date the last Party to this Agreement signs the Agreement End Date: Three years after the date the last Party to this Agreement signs the Agreement 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: Name: Joe LaRussa, Mayor Date City of Farmington 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 ϭͬϴͬ202ϱ Page 2 of 5 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 OCPRC 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 OCPRC and Grantee shall be in writing and 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 Farmington, Michigan 2.1.2. Name/Title: Joe LaRussa, Mayor 2.1.3. Address: 23600 Liberty Street, Farmington, MI 48336 2.1.4. Telephone Number: 313-492-8559 2.1.5. E-Mail Address: jlarussa@farmgov.com 2.2. OCPRC Contact 2.2.1. Name/Title: Donna Folland, Chief of Planning, Oakland County Parks 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.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. OCPRC 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 OCPRC. 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 OCPRC. 5.Payments/Advances/Project Closeout. The OCPRC shall make payments of the Grant Amount to Grantee as follows: Page 3 of 5 5.1. OCPRC shall pay the Grantee fifty percent (50%) 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. To be eligible for payment, Grantee must submit a complete payment request to OCPRC on form(s) provided by OCPRC and have satisfied all progress reporting requirements due prior to the date of the payment request 5.2. Grantee shall submit documentation of all costs incurred, including the value of match and donations made to the Project. 5.3. OCPRC reserves the right to request additional information necessary to substantiate payments. 5.4. 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. 5.5. OCPRC shall not pay any portion of the Grant Amount to a Grantee contractor or subcontractors. Grant Amounts shall only be paid to Grantee. 5.6. OCPRC shall hold back ten percent (10%) of the Grant Amount until Project Closeout set forth in this Section. Final payment of the remaining ten percent (10%) of the Grant Amount will be released upon OCPRC’s approval of Grantee’s Final Report and satisfactory Project completion as determined by OCPRC, in its sole discretion. 5.7. A determination of Project completion, which may include a site inspection and an audit, shall be made by OCPRC 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 OCPRC any payments in excess of the costs allowed by this Agreement. 5.9. Upon issuance of final payment from the OCPRC, Grantee releases the County, OCPRC, and its employee and officers of all claims against the County/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 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 Page 4 of 5 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 acco rdance 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. Grantee shall ensure all contractors and subcontractors constructing and performing the Project are qualified to perform such work. 6.10. 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 Grantee by the County. 7. Liability. 7.1. The County/OCPRC 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. Grantee is responsible for all 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 Page 5 of 6 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/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 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 seven (7) years after the final payment has been issued to Grantee by OCPRC. 10. Assignability. Grantee shall not assign or transfer any interest in this Agreement without prior written authorization of OCPRC. 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. OCPRC may approve or deny such change, in its sole discretion. Any changes related to the grant amount, or any other financial component of this Agreement, will require an amendment to be executed in the same manner as this Agreement. Any changes not related to the grant amount, including modifications to project scope or deadline extensions, can be made by amendment at the discretion of and signed by the OCPRC Chairperson. 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, OCPRC 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 OCPRC; 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 OCPRC and after the termination date OCPRC will no longer be liable to pay or reimburse Grantee any outstanding Grant Amounts. 13. Governing Laws/Consent to Jurisdiction and Venue. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan, excluding Michigan’s conflict of law principles. Except as otherwise required by law or court rule, any action, complaint, lawsuit, Page 6 of 6 or other legal or equitable proceeding brought to enforce, interpret, or decide any Claim, as defined herein, 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. 14. Entire Contract. 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 regarding the subject matter of this Agreement. The language of this Contract shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party.