Committee on Ways and Means

AGENDA Committee on Ways and Means Friday, July 10th, 2020 @ 8:30 a.m. Via ZOOM audio/video: https://us02web.zoom.us/j/85457987564; Meeting ID: 854 5798 7564 Dial in: (312) 626 6799 Email comments prior to the meeting to sherrie.boak@lansingmi.gov Councilmember Wood, Chair Councilmember Spadafore, Vice Chair Council Member Jackson, Member 1. Call to Order 2. Approval of Minutes  February 14, 2020 3. Public Comment on Agenda Items 4. Discussion/Action: A.) RESOLUTION – Grant Acceptance; Michigan Department of Treasury Financially Distressed Cities, Villages and Townships (FDCVT) Grant B.) RESOLUTION – Installment Purchase Agreement; Financing for Fire Truck and Equipment C.) Sole Source; Public Service Department; MSKS Inc; Vendor for the purchase of engineering services for the Two-Way Street Conversion Project for Downtown Lansing D.) Sole Source; Public Service Department; Waterworks Systems and Equipment; Vendor for the purchase of five (5) Warminster fiberglass reinforced plastic replacement slide gates 5. Other 6. Adjourn With Executive Order 2020-4, Governor Whitmer declared a statewide State of Emergency due to the spread of the novel coronavirus (COVID-19). To mitigate the spread of COVID-19 and to provide essential protections to vulnerable Michiganders and this State’s health care system and other critical infrastructure, it is crucial that all Michiganders take steps to-limit in-person contact, particularly in the context of large groups. Therefore, the above meetings will be conducted via audio/video conference. The meetings are being held electronically in accordance with the Open Meetings Act in an effort to protect the health and safety of the public. Members of the public wishing to participate in the meeting may do so by logging into or calling into the meetings using the website or phone number above, and meeting ID provided. Michigan Executive Order 2020-129 provides temporary authorization of remote participation in public meetings and hearings. Persons with disabilities who need an accommodation to fully participate in these meetings should contact the City Council Office at 517-483-4177 (TTY 711) 24 hour notice may be needed for certain accommodations. An attempt will be made to grant all reasonable accommodation requests. Page 2  DRAFT MINUTES Committee on Ways and Means Friday, February 14, 2020 @ 8:30 a.m. 10th Floor Conference Room, City Hall CALL TO ORDER The meeting was called to order at 8:30 a.m. ROLL CALL Council Member Carol Wood, Chair Council Member Peter Spadafore, Vice Chairperson Council Member Brian T Jackson, Member- excused OTHERS PRESENT Sherrie Boak, City Council Office Manager Lisa Hagen, Assistant City Attorney/Council Research Assistant Eric Brewer, Council Internal Auditor Brett Kaschinske, Parks & Recreation Director Joseph Abood, Chief Deputy City Attorney Minutes MOTION BY COUNCIL MEMBER SPADAFORE TO APPROVE THE MINUTES FROM JANUARY 27, 2020 AS PRESENTED. MOTION CARRIED 2-0. Public Comment No public present at this time. Discussion/Action RESOLUTION – City Market Rental Fees Mr. Kaschinske outlined the request, noting that this is temporary and allowing the use of the structure on the interim basis while the City determines what the final use will be. This resolution includes rental fees and damage deposits for the large are of the structure only, which includes use of the restrooms. The east portion of the building is sectioned off for no access or use. Council Member Wood asked what he rental/lease amount was from Waterfront Grill, and Mr. Kaschinske deferred to Mr. Abood and he was not able to provide that information but would get back to the Committee shortly. Council Member Spadafore asked if the rental contract will require liability and was informed by Mr. Kaschinske it would and they will be required to go through the regular permitting process. Council Member Wood asked the status of the liquor license and Mr. Kaschinske state it would not be used, and Mr. Abood noted he  DRAFT was not able to provide details on the status of the currently license at this time or if it was put in escrow. Council Member Wood pointed out there is an ordinance that allows one day liquor licenses in certain areas of Lansing, but Mr. Kaschinske assured the Committee they were not asking for that use, nor did this area fall within that ordinance. MOTION BY COUNCIL MEMBER SPADAFORE TO APPROVE THE RESOLUTION FOR THE CITY MARKET RENTAL FEES. MOTION CARRIED 2-0. DISCUSSION – 2020/2021 City Council and Internal Audit Budget(s) Mr. Brewer presented the City Council budget, which he stated was proposed at $36,843 lower than 2019/2020 budget, coming in at $690,134. He noted the reduction was primarily because of future fringe benefit reductions with the new hire for the Administrative Assistant. There was a change in Community Funding, with an increase based on the recommendation to eliminate the line items for Bea Christy Awards Program, Martin Luther King Jr Day and the Cesar Chavez Event and move those funds into the consolidated Community Funding. Council Member Wood explained the reason for the three (3)separate line items, allowing those annual events the option for more than the ordinance $500 in Community Funding. Council Member Spadafore noted that they wanted all organizations to go through the same process and complete Community Funding applications with full Council approval. Council Member Spadafore noted for the Committee that if the Committee on Personnel does not address or take action on the pension/defined contribution changes for the vacant administrative position, the budget can be changed before it is adopted. Mr. Brewer did not that he spoke to the Budget Director on the Fringe Benefits final number, but it could change once the budget is finalized and the calculation is made. Mr. Brewer moved to the Internal Auditor budget, noting there were no changes from the current FY2019/2020 budget. Council Member Wood asked if the Fringe Benefit would change when Mr. Brewers position was filled, and Council Member Spadafore confirmed that Council leadership did not know of Mr. Brewers resignation at the time they approved the proposed budget, but it can be adjusted, which would be an estimated $67,210 reduction in Fringe Benefits. Council Member Wood recommended not sending the budget to Finance until after the Personnel Committee on Monday, but Council Member Spadafore stated that the OCA has sent the recommended changes to the IRS for verification. MOTION BY COUNCIL MEMBER SPADAFORE TO APPROVE THE PRESENTED 2020/2021 CITY COUNCIL AND INTERNAL AUDITOR BUDGET, AND FORWARD TO THE CITY FINANCE DEPARTMENT FOR SUBMITAL TO THE MAYOR. MOTION CARRIED 2-0. Mr. Brewer confirmed the documents would be forwarded to Finance today for the proposed budget. ADJOURN Adjourn at 8:45 a.m. Submitted by, Sherrie Boak, Council Office Manager Lansing City Council Approved by the Committee on________________ 72 (Rev. 03-19) STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF TREASURY RACHAEL EUBANKS GOVERNOR LANSING STATE TREASURER May 20, 2020 Shelbi Frayer Chief Strategy & Finance Officer City of Lansing 124 West Michigan Avenue, 8th Floor Lansing, MI 48933 Dear Ms. Frayer: Re: Grant No. 210088-20 Notification of Intent to Award – FDCVT Grant FY 2020 The Michigan Department of Treasury (Treasury) – Revenue Sharing and Grants Division received your grant application for the Financially Distressed Cities, Villages, and Townships (FDCVT) grant program. We are pleased to inform you that the proposal your governmental unit submitted entitled Supporting the Capital City has been selected for a grant award in the maximum amount of $210,000.00. Enclosed are two original copies of the Financially Distressed Cities, Villages, and Townships Grant Agreement and a sample Board Resolution. An electronic fillable version of the sample Board Resolution is located on Treasury’s website: http://www.michigan.gov/treasury/0,4679,7-121-1751_2197_58826_69378---,00.html Next Step To receive the Final Award, Treasury must receive two original signed copies of the Grant Agreement and a Board Resolution (as indicated in the Conditions of the grant application packet) by Monday, July 20, 2020. Submission of the signed Grant Agreement and a Board Resolution will signify acceptance of the grant award and will be considered agreement to all provisions specified in the grant application packet, the Notification of Intent to Award letter, and the Grant Agreement. Please send the required documents by mail to: Michigan Department of Treasury Revenue Sharing and Grants Division PO Box 30722 Lansing, MI 48909 Upon Treasury’s review and acceptance/approval of the signed Grant Agreement and Board Resolution, Treasury will sign the Grant Agreement. Treasury will return one executed copy of 430 WEST ALLEGAN STREET • LANSING, MICHIGAN 48922 www.michigan.gov/treasury • (517) 335-7508 City of Lansing May 20, 2020 Page 2 the Grant Agreement along with the Final Award letter, after which time the grantee will be responsible for the submission of grant compliance reporting and reimbursement requests. Awarded funds will not be released until a completed grant agreement has been finalized. Reminder, grant funds are distributed on a reimbursement basis. Congratulations on the grant award. We appreciate your interest in the FDCVT and look forward to working with you on this project. If you have any questions, please let us know. We can be reached at (517) 335-7484. Sincerely, Evah Cole, Division Administrator Revenue Sharing and Grants Division Enclosures  FINANCIALLY DISTRESSED CITIES, VILLAGES, AND TOWNSHIPS GRANT AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF TREASURY AND CITY OF LANSING This Grant Agreement (“Agreement”) is made between the Michigan Department of Treasury, Revenue Sharing and Grants Division (“Treasury”) and City of Lansing (“Grantee”). The purpose of this Agreement is to provide funding to a financially distressed municipality with conditions that indicate probable financial distress. Legislative appropriation of funds for grant assistance is set forth in 2019 Public Act 56. This Agreement is subject to the terms and conditions specified herein. Grant #: 210088-20 Project Name: Supporting the Capital City Amount of grant: $210,000.00 Start Date: October 1, 2019 End Date: September 30, 2024 GRANTEE CONTACT: TREASURY CONTACT: Shelbi Frayer, Chief Strategy & Finance Officer Evah Cole, Division Administrator Name/Title Name/Title City of Lansing Revenue Sharing and Grants Division Municipality Name Division 124 West Michigan Avenue, 8th Floor P.O. Box 30722 Address Address Lansing, MI 48933 Lansing, MI 48909 City, State, Zip Code City, State, Zip Code (517) 483-4594 (517) 335-7484 Telephone Number Telephone Number (517) 335-3298 Fax Number Fax Number shelbi.frayer@lansingmi.gov TreasRevenueSharing@michigan.gov E-mail Address E-mail Address CV0047783 Vendor/Customer Number 1  Financially Distressed Cities, Villages, and Townships Grant Agreement City of Lansing Grant # 210088-20 May 20, 2020 I. AGREEMENT SCOPE This Agreement and its appendices constitute the entire Agreement between Treasury and the Grantee and may be modified only by written agreement between Treasury and the Grantee. (A) The scope of this agreement is limited to activities specified in Appendix A, and such activities as are authorized by Treasury under this Agreement. Any change in agreement scope requires written approval in accordance with Section III (Amendments) of this Agreement. (B) By entering into this Agreement, the Grantee commits to complete the project identified in Appendix A within the time period allowed for in this Agreement and in accordance with the terms and conditions of this Agreement. II. CONTRACT PERIOD The Agreement shall be effective from the Start Date until the End Date specified on page 1. Treasury shall have no responsibility to provide funding to the Grantee for project work performed except between the Start Date and the End Date specified on page 1. Expenditures incurred or paid by the Grantee prior to the Start Date or after the End Date of this Agreement will not be reimbursed under the Agreement. III. AMENDMENTS Any desired amendments to this Agreement shall be requested by the Grantee in writing and shall not be effective unless approved in writing by Treasury. Treasury reserves the right to deny requests for amendments to the Agreement or to the appendices. No amendments can be implemented without written approval by Treasury. IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS The Grantee shall submit deliverables and follow reporting requirements specified below and in Appendix A of this Agreement, if applicable. (A) The Grantee must complete and submit semiannually the Financially Distressed Cities, Villages, and Townships Narrative Report (Form 5196) and the Financially Distressed Cities, Villages, and Townships Financial Status Report (Form 5198). These forms shall be due according to the following schedule: Reporting Period Due Date October 1 – March 31 April 30 April 1 – September 30 October 30 The forms shall be submitted to Treasury’s contact at the e-mail address on page 1. (B) For a payment reimbursement, the Grantee must complete and submit a Financially Distressed Cities, Villages, and Townships Reimbursement Request (Form 5199). The reimbursement request must include supporting documentation (copies of original invoices, cancelled checks, and any other report that would support the request) of eligible project expenditures. 2  Financially Distressed Cities, Villages, and Townships Grant Agreement City of Lansing Grant # 210088-20 May 20, 2020 The form shall be submitted to Treasury’s contact at the address on page 1. Treasury shall make reimbursements upon receipt of a reimbursement request form, not more than once a month, provided that the Grantee is in compliance with all terms and conditions of this Agreement, and dependent upon state appropriations. Funds may not be released to the Grantee, if the Grantee: 1. Has not filed its annual financial report (F65) or audit per the Uniform Budgeting and Accounting Act, 1968 Public Act 2, as amended (MCL 141.421 to 141.440a) or the Uniform System of Accounting Act, 1919 Public Act 71, as amended (MCL 21.41 to 21.55), or 2. Has not filed its financial plan (deficit elimination plan) per the Glenn Steil State Revenue Sharing Act, 1971 Public Act 140, as amended (MCL 141.921), or 3. Is delinquent in making payments that are due on loans issued pursuant to the Emergency Municipal Loan Act, 1980 Public Act 243, as amended (MCL 141.931 to 141.942), or 4. Has a payment due and owing to the state. (C) The Grantee must complete and submit a final Financially Distressed Cities, Villages, and Townships Narrative Report (Form 5196) and Financially Distressed Cities, Villages, and Townships Financial Status Report (Form 5198). The Grantee shall submit the final reports, including any outstanding deliverables, within 30 days from the End Date of the Grant, specified on page 1. The forms shall be submitted to Treasury’s contact at the e-mail address on page 1. (D) One year after the date of the Final Closeout letter from Treasury, the Grantee must complete and submit a Financially Distressed Cities, Villages, and Townships Final Follow-up Report (Form 5197). The form shall be submitted to Treasury’s contact at the e-mail address on page 1. V. GRANTEE RESPONSIBILITIES (A) The Grantee agrees to abide by all local, state, and federal laws, rules, ordinances, and regulations in the performance of the activities funded by this grant. (B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of this grant is not a guarantee of permit approval by the State of Michigan or any other entity. (C) The Grantee shall be solely responsible to pay all taxes, if any, that arise from the Grantee’s receipt of this grant or from any expenditure of grant funds. (D) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and coordination of all designs, drawings, specifications, reports, and other services furnished by the Grantee or its contractor(s) under this Agreement. The Grantee or its contractor(s) shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in designs, drawings, specifications, reports, or other services. 3  Financially Distressed Cities, Villages, and Townships Grant Agreement City of Lansing Grant # 210088-20 May 20, 2020 (E) Treasury’s approval of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the technical adequacy of the work. Treasury’s review, approval, acceptance, or payment for any of the services shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance (or failure of performance) of this Agreement. (F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with Treasury for the purpose of obtaining this Agreement or any payment under the Agreement, and that any such filing may subject the Grantee, its agents, and/or employees to criminal prosecution, civil suit, and/or termination of the grant. (G) The Grantee must comply with all Conditions contained in its application for the grant, a copy of which is attached as Appendix B. VI. USE OF MATERIAL Unless otherwise specified in this Agreement, the Grantee may release information or material developed under this Agreement, provided it is acknowledged that Treasury funded all or a portion of its development. Treasury retains an irrevocable license to reproduce, publish and use in whole or in part, and authorize others to do so, any copyrightable material submitted under this grant whether or not the material is copyrighted by the Grantee or another person. The Grantee will only submit materials that Treasury can use in accordance with this paragraph. Unless otherwise specified in this Agreement, the Grantee may not patent products or processes developed under this Agreement. VII. ASSIGNABILITY The Grantee shall not assign this Agreement or assign or delegate any of its duties or obligations under this Agreement to any other party without the prior written consent of Treasury. Treasury does not assume responsibility regarding the contractual relationships between the Grantee and any contractor. VIII. CONTRACTS Treasury reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform any portion of the project. The Grantee is solely responsible for all contractual activities performed under this Agreement. Further, Treasury will consider the Grantee to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated Grant. All contractors used by the Grantee in completing the project shall be subject to the provisions of this Agreement and shall be qualified to perform the duties required. IX. NON-DISCRIMATION The Grantee shall comply with the Elliott-Larsen Civil Rights Act, 1976 Public Act 453, as amended (MCL 37.2101 et seq), the Persons with Disabilities Civil Rights Act, 1976 Public Act 220, as amended (MCL 37.1101 et seq), and all other federal, state, and local fair employment practices and equal opportunity 4  Financially Distressed Cities, Villages, and Townships Grant Agreement City of Lansing Grant # 210088-20 May 20, 2020 laws. The Grantee agrees to include in every contract entered into for the performance of this Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of this Agreement. X. LIABILITY (A) The Grantee, not Treasury, is responsible for all liabilities as a result of claims, judgments, or costs arising out of activities carried out or to be carried out by the Grantee under this Agreement, if the liability is caused by the Grantee, any contractor, or anyone employed by the Grantee. (B) All liability as a result of claims, demands, costs, or judgments arising out of activities carried out or to be carried out by Treasury in the performance of this Agreement is the responsibility of Treasury and not the responsibility of the Grantee, if the liability is caused by any Treasury employee or agent. (C) In the event that liability arises as a result of activities conducted jointly by the Grantee and Treasury in fulfillment of their responsibilities under this Agreement, such liability is held by the Grantee and Treasury in relation to each party’s responsibilities under these joint activities. (D) Nothing in this Agreement may be construed as a waiver of any governmental immunity by the Grantee, Treasury, their agents, or their employees as provided by statute or court decisions. XI. ANTI-LOBBYING The Grantee shall not use any of the grant funds awarded in this Agreement for the purpose of lobbying as defined in the State of Michigan’s lobbying statute (MCL 4.415(2)). “Lobbying” means communicating directly with an official of the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative or administrative action. The Grantee shall not use any of the grant funds awarded in this Agreement for the purpose of litigation against the State of Michigan. XII. DEBARMENT AND SUSPENSION By signing this Agreement, the Grantee certifies to the best of its knowledge and belief that it, its agents, and its contractors: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transactions by any federal department or the state. (2) Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or agreement under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (3) Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in subsection (2). 5  Financially Distressed Cities, Villages, and Townships Grant Agreement City of Lansing Grant # 210088-20 May 20, 2020 (4) Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. (5) Will comply with all applicable requirements of all other state or federal laws, executive orders, regulations, and policies governing this program. XIII. AUDIT AND ACCESS TO RECORDS Treasury reserves the right to conduct a programmatic and financial audit of the project, and Treasury may withhold payment until the audit is satisfactorily completed. The Grantee is required to maintain all pertinent records and evidence pertaining to the Grant Agreement, including grant funds, in accordance with generally accepted accounting principles and other procedures specified by Treasury. Treasury 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. The Grantee will provide proper facilities for such access and inspection. All records must be maintained for a minimum of seven years after the Final Closeout letter has been issued to the Grantee by Treasury. XIV. INSURANCE (A) The Grantee must maintain insurance or self-insurance, satisfactory to Treasury, that will protect Treasury from claims that may arise from the Grantee’s actions under this Agreement or from the actions of others for whom the Grantee may be held liable. (B) The Grantee must comply with applicable workers’ compensation laws while engaging in activities authorized under this Agreement. XV. OTHER SOURCES OF FUNDING The Grantee guarantees that any payments for which claims for reimbursement are made to Treasury under this Agreement will not be financed by any source other than Treasury under the terms of this Agreement. If funding is received through any other source, the Grantee agrees to delete from the Grantee’s reimbursement request(s), or to immediately refund to Treasury, the total amount representing such duplication of funding. XVI. COMPENSATION (A) A breakdown of costs allowed under this Agreement is identified in Appendix A. Treasury will reimburse the Grantee a total amount not to exceed the amount on page 1 of this Agreement, in accordance with Appendix A, and only for expenditures incurred and paid. All other costs necessary to complete the project are the sole responsibility of the Grantee. (B) Expenditures incurred or paid by the Grantee prior to the Start Date or after the End Date of this Agreement will not be reimbursed under the Agreement. (C) Treasury will approve reimbursement requests after approval of reports and related documentation as required under this Agreement. 6  Financially Distressed Cities, Villages, and Townships Grant Agreement City of Lansing Grant # 210088-20 May 20, 2020 (D) Treasury reserves the right to request additional information necessary to substantiate reimbursement requests. (E) Reimbursements under this Agreement may be processed by Electronic Funds Transfer (EFT) at Treasury’s discretion. In order to be eligible to receive reimbursements by EFT, the Grantee must register at the SIGMA Vendor Self Service website (www.michigan.gov/SigmaVSS). XVII. CLOSEOUT (A) A determination of project completion, which may include a site inspection and an audit, shall be made by Treasury after the Grantee has satisfactorily completed the activities, and provided products and deliverables described in Appendix A. (B) Upon issuance of the Final Closeout letter from Treasury, the Grantee releases Treasury from all claims against Treasury arising under this Agreement. Unless otherwise provided in this Agreement or by State law, the Final Closeout letter shall not constitute a waiver of Treasury’s claims against the Grantee. (C) The Grantee shall immediately refund to Treasury any reimbursements in excess of the costs allowed by this Agreement. XVIII. CANCELLATION This Agreement may be cancelled by Treasury, upon thirty (30) days written notice, due to Executive Order, budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual agreement by Treasury and the Grantee. XIX. TERMINATION (A) This Agreement may be terminated by Treasury as follows. (1) Upon thirty (30) days written notice to the Grantee: a. If the Grantee fails to comply with the terms and conditions of the Agreement, or with the requirements of the authorizing legislation cited on page 1, or other applicable laws or rules. b. If the Grantee knowingly and willingly presents false information to Treasury for the purpose of obtaining this Agreement or any reimbursement under this Agreement. c. If Treasury finds that the Grantee, or any of the Grantee’s agents or representatives, offered or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of Treasury in an attempt to secure a contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Agreement. d. During the thirty (30) day written notice period, Treasury will withhold reimbursement for any terminations under subparagraphs a through c, above. 7  Financially Distressed Cities, Villages, and Townships Grant Agreement City of Lansing Grant # 210088-20 May 20, 2020 e. If the Grantee or any contractor of the Grantee appears in the register of persons engaging in unfair labor practices that is compiled by the Department of Licensing and Regulatory Affairs or its successor. (2) Immediately, upon written notice, and without further liability to Treasury, if the Grantee, or any agent of the Grantee, or any agent of any contractor is: a. Convicted of a criminal offense incident to the application for or performance of a State, public, or private contract or subcontract; b. Convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; c. Convicted under State or federal antitrust statutes; d. Convicted of any other criminal offense which, in the sole discretion of Treasury, reflects on the Grantee’s business integrity; or e. Added to the federal or state Suspension and Debarment list. (B) If a grant is terminated, Treasury reserves the right to require the Grantee to repay all or a portion of funds received under this Agreement. XX. DISCLOSURE OF INFORMATION All reports or other printed or electronic material are public information under the Freedom of Information Act, 1976 Public Act 442, as amended (MCL 15.231 to 15.246). 8  Financially Distressed Cities, Villages, and Townships Grant Agreement City of Lansing Grant # 210088-20 May 20, 2020 XXI. CERTIFICATION The individuals signing below certify by their signatures that they are authorized to sign this Grant Agreement on behalf of their agencies, that the parties will fulfill the terms of this Agreement, including the attached appendices, as set forth herein, and that no part of the agreement has been altered or changed. FOR THE GRANTEE: Signature Date Name/Title FOR TREASURY: Signature Date Name/Title 9 Financially Distressed Cities, Villages, and Townships Grant Agreement City of Lansing Grant # 210088-20 May 20, 2020 APPENDIX A – APPROVED BUDGET AMOUNTS Supporting the Capital City Below is the approved budget for your grant project. Please note, we have assigned budget categories to each of your original budget line items. Use these categories when submitting your reimbursement requests*. Budget Application Award Budget Budget Description Comments Category Budget Amount Amount Lansing Police Department $998,472.00 $ .00 Equipment - Lansing Fire Department - Replacement 6 Heart Monitors $1,001,528.00 $210,000.00 See note below Budget Total $2,000,000.00 $210,000.00 * Reimbursement requests must include copies of invoices and cancelled checks (or equivalent) supporting the costs. Work plan/timeline: Prior to the release of funds, the grantee will provide to Treasury an updated work plan / timeline, related to the line items for which grant funding was received. The work plan / timeline should include estimated completion dates and a description of the deliverable for each step. Lansing Fire Department: The grant award is for the reimbursement of six heart monitors for use by the Lansing Fire Department. 1 APPENDIX B -APPLICATION CONDITIONS  City of Example County of Example RESOLUTION ACCEPTING THE FDCVT GRANT Minutes of the regular meeting of the City Council of the City of Example County of Example, State of Michigan, (the “Municipality”) held on May 20, 2020. PRESENT: Members: Allen, Jones, Nelson, and Smith ABSENT: Members: None Member Allen offered and moved the adoption of the following resolution, seconded by Member Nelson. WHEREAS, the State of Michigan Department of Treasury has given preliminary notice of its intent to award a Financially Distressed Cities, Villages, and Townships (FDCVT) grant in the amount of up to $245,000 toward reimbursement of expenditures required to implement the FDCVT Application Proposal Title (project title), and WHEREAS, the State of Michigan requires each municipality’s governing body to adopt a resolution authorizing participation in the proposed project prior to finalizing the award of grants from the State of Michigan’s FDCVT grant program, and WHEREAS, City of Example (local unit name) acknowledges that it: 1. Has filed its annual financial report (F65) or audit per the Uniform Budgeting and Accounting Act or the Uniform System of Accounting Act, 2. Has filed its financial plan (deficit elimination plan) per the Glenn Steil State Revenue Sharing Act, as applicable, 3. Is not delinquent in making payments that are due on loans issued pursuant to the Emergency Municipal Loan Act, and 4. Does not have a payment due and owing to the state And thus is eligible to participate in a FDCVT grant funded project; NOW, THEREFORE, BE IT RESOLVED THAT the City Council (governing body) hereby authorize participation in the FDCVT Application Proposal Title (project title) and on behalf of the City of Example (local unit name) authorizes John Doe, City Manager, (designee) to provide this resolution indicating its approval to the State of Michigan, and to submit and execute documents requested by the State of Michigan relating to the FDCVT requirements. YEAS: Members: Allen, Jones, Nelson, and Smith NAYS: Members: None RESOLUTION DECLARED ADOPTED. I hereby certify that the foregoing is a true and complete copy of the resolution adopted by the City Council of the City of Example, County of Example, said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being 1976 Public Act 267, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Jane Doe (name) City of Example, Clerk City of Example County of Example  BY THE COMMITTEE ON WAYS AND MEANS RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, the State of Michigan Department of Treasury has given preliminary notice of its intent to award a Financially Distressed Cities, Villages, and Townships (FDCVT) grant in the amount of up to $210,000 toward reimbursement of expenditures required to implement the Supporting the Capital City Project (project title), and WHEREAS, the State of Michigan requires each municipality’s governing body to adopt a resolution authorizing participation in the proposed project prior to finalizing the award of grants from the State of Michigan’s FDCVT grant program, and WHEREAS, City of Lansing (local unit name) acknowledges that it: 1. Has filed its annual financial report (F65) or audit per the Uniform Budgeting and Accounting Act or the Uniform System of Accounting Act, 2. Has filed its financial plan (deficit elimination plan) per the Glenn Steil State Revenue Sharing Act, as applicable, 3. Is not delinquent in making payments that are due on loans issued pursuant to the Emergency Municipal Loan Act, and 4. Does not have a payment due and owing to the state And thus is eligible to participate in a FDCVT grant funded project; NOW, THEREFORE, BE IT RESOLVED THAT the City Council (governing body) hereby authorize participation in the Supporting the Capital City Project (project title) and on behalf of the City of Lansing (local unit name) authorizes Andy Schor, Mayor (designee) to provide this resolution indicating its approval to the State of Michigan, and to submit and execute documents requested by the State of Michigan relating to the FDCVT requirements.  XV A 2 b City of Lansing Counties of Ingham and Eaton, State of Michigan RESOLUTION APPROVING FINANCING UNDER ACT 99, PUBLIC ACTS OF MICHIGAN, 1933 FIRE TRUCKS AND EQUIPMENT A RESOLUTION TO AUTHORIZE: • Up to $1,500,000 of installment purchase financing for fire trucks, equipment, and associated costs of issuance. • Mayor, City Clerk, and Chief Strategy and Financial Officer (Serving as the Finance Director) of the City to negotiate financing. WHEREAS, the City of Lansing (the “City”) determines it to be necessary for the public health, safety and welfare of the City and its residents and employees to acquire a 75 foot ladder truck necessary for the preservation of the health, safety, and welfare of the City’s residents (the “Property”) at a total estimated cost of not-to-exceed $1,500,000, including associated costs of issuance; and WHEREAS, under the provisions of Act 99, Public Acts of Michigan, 1933, as amended (“Act 99”), the City Council of the City (“City Council”) is authorized to enter into any contracts or agreements for the purchase of real or personal property for public purposes, to be paid for in installments over a period not to exceed 15 years and not to exceed the useful life of the property acquired, as determined by resolution of the City Council; WHEREAS, the outstanding balance of all purchases authorized under Act 99, exclusive of interest, shall not exceed 1.25% of the taxable value of the real and personal property in the City at the date of the contract or agreement; and WHEREAS, the City Council wishes to authorize the Mayor, City Clerk, and Chief Strategy and Financial Officer (Serving as the Finance Director) of the City (each an “Authorized Officer”) to negotiate the installment purchase financing of the Property without the necessity of the City Council taking further action. NOW, THEREFORE, BE IT RESOLVED THAT: 1. Each Authorized Officer is hereby authorized to negotiate one or more installment purchase agreements or contracts with the sellers of the Property and a bank or other financial institution, in substantially the form as he or she shall, in consultation with counsel, determine to be appropriate. Principal payable pursuant to the installment purchase agreements or contracts shall be payable over a period to be determined by an Authorized Officer but in any event not to exceed 15 years or the useful life of the Property, whichever is less, as set forth in Section 2 of this Resolution. The net interest cost payable under the installment purchase agreements or contracts shall not exceed 5.00% per annum, and the aggregate principal amount to be paid by the City under the installment purchase agreements or contracts, including associated costs of issuance, shall not exceed $1,500,000. 2. The useful life of a 75 foot ladder truck is hereby determined to be not less than 15 years. The acquisition of the Property and the approval of the installment purchase agreements or contracts hereby are found and declared to be for a valid public purpose and in the best interest of the health and welfare of the residents of the City. 4829-6317-5357.5  3. The City hereby agrees to include in its budget for each year a sum which will be sufficient to pay the principal of and the interest coming due under the installment purchase agreements or contracts before each following fiscal year. In addition, the City hereby pledges to levy, if necessary, ad valorem taxes on all taxable property in the City each year in an amount necessary to make its debt service payments under the installment purchase agreements or contracts, subject to applicable constitutional, statutory and charter tax rate limitations. 4. Each Authorized Officer is hereby directed and authorized to execute and deliver the installment purchase agreements or contracts in final form, and to execute and deliver such additional documentation as shall be necessary to effectuate the closing contemplated by the installment purchase agreements or contracts and the assignment thereof, including requisition certificates (if provided by the form of installment purchase agreement or contract) providing payment to the sellers of the Property upon delivery of any portion of the Property or for reimbursement of previously appropriated or advanced costs. 5. Each Authorized Officer is hereby authorized to make all administrative transfers necessary to implement this resolution, including current fiscal year debt service account, and to establish appropriate construction and financing accounts. 6. The City covenants that, to the extent permitted by law, the City shall take all actions within its control necessary to maintain the exclusion of the interest component of the payments due under the installment purchase agreements or contracts from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the “Internal Revenue Code”) including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable. 7. The City hereby makes the following declaration of intent for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code: (a) The City reasonably expects to reimburse itself with proceeds of debt to be incurred by the City for the expenditures made to pay certain costs associated with the Property which were or will be paid subsequent to sixty (60) days prior to the date hereof from the general funds or capital fund of the City. (b) As of the date hereof, the maximum principal amount of debt expected to be issued for reimbursement purposes, including reimbursement of debt issuance costs, is $1,500,000, which debt may be issued in one or more series and/or together with debt for other purposes. (c) A reimbursement allocation of the expenditures described in paragraph (a) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Property is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the City’s use of the proceeds of the debt to be issued for the Property to reimburse the City for a capital expenditure made pursuant to this Resolution. (d) The expenditures for the Property are “capital expenditures” as defined in Treas. Reg. § 1.150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the -2-  application of the definition of “placed in service” under Treas. Reg. § 1.150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid). (e) No proceeds of the borrowing paid to the City in reimbursement pursuant to this Resolution will be used in a manner described in Treas. Reg. § 1.150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the reimbursement allocation described in (c) above. 8. The City hereby requests that Dykema Gossett, PLLC continue to serve the City as bond counsel for this financing, notwithstanding the potential concurrent representation of any other participant in the financing in matters not related to this financing. The City recognizes that Dykema Gossett, PLLC has represented, from time to time, and currently represents, various banks, financial institutions, underwriters, contractors, vendors, and other potential participants in this financing for matters not related to this financing. The City hereby requests that Robert W. Baird & Co. Incorporated continue to serve the City as Municipal Advisor for this financing. 9. Each Authorized Officer is hereby authorized to retain a financial consultant to assist the City in preparation and planning for this financing. 10. In the event that an Authorized Officer is not available to undertake responsibilities delegated to her under this resolution, then the Chief Operating Officer or other officer of the City designated by an Authorized Officer or Chief Operating Officer is authorized to take such actions. Each Authorized Officer or Chief Operating Officer are hereby severally authorized to execute and deliver the installment purchase agreements or contracts in final form. The officers, administrators, agents and attorneys of the City are authorized and directed to execute and deliver all other agreements, documents and certificates, to use monies legally available to the City to pay any costs necessary to accomplish negotiation and execution of the installment purchase agreements or contracts, and to take all other actions necessary to complete the financing transaction contemplated by this Resolution. 11. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded. -3-  I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the City Council of the City of Lansing, Counties of Ingham and Eaton, State of Michigan, at [a meeting held electronically by telephone or video conference pursuant to Michigan Executive Order Number 2020-75] on Monday, June _, 2020 at 7:00 o’clock p.m., prevailing Eastern Time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976 and Executive Order Number 2020-75, and that the minutes of said meeting were kept and will be or have been made available as required by said Act 267. I further certify that the following Members were present at said meeting: _______ ______________________________________________________________________________ _______________________________________ and that the following Members were absent: __________________________________________________________. I further certify that Member ________________________ moved for adoption of said resolution and that Member __________________________ supported said motion. I further certify that the following Members voted for adoption of said resolution: ______________________________________________________________________________ _______________________________________ and that the following Members voted against adoption of said resolution: _____________________________________. ____________________________________ City Clerk 21231084.1\050796-00054 -4-