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Committee on Ways and Means

Regular Meeting

Lansing, MI · August 28, 2020

AgendaMinutes

Minutes

MINUTES Committee on Ways and Means Special Meeting Friday, August 28, 2020 @ 8:30 a.m. Via Zoom: https://us02web.zoom.us/j/84070360390; Meeting ID: 840 7036 0390; Dial In: (312) 626 6799 CALL TO ORDER The meeting was called to order at 8:31 a.m. Members Present via audio/video Council Member Carol Wood, Chair Council Member Peter Spadafore, Vice Chairperson Council Member Brian T Jackson, Member OTHERS PRESENT Sherrie Boak, City Council Office Manager Kris Klein, LEDC Robert Widigan, Finance Director Jake Brower, Budget Director Jim Smiertka, City Attorney Judy Kehler, Chief Strategy Officer Brian McGrain, EDP Director Minutes MOTION BY COUNCIL MEMBER SPADAFORE TO APPROVE THE MINUTES FROM AUGUST 3, 2020 AS PRESENTED. MOTION CARRIED 2-0. Public Comment No public present at this time. Discussion/Action RESOLUTION – Grant Acceptance; Lansing Economic Development Corporation grant for Economic Recovery Resource Developer Position Mr. Klein was present with no ZOOM reception, so Mr. McGrain spoke on the subject. Mr. McGrain noted that they realized in the last months they have not able to go after grant funds to assist with COVID funding, and therefore with this grant they can pursue funding opportunities. Some funds might come to EDP but they will be funding for the City, and they will be searing large resources. The LEDC Board has approved the $100,000 for 12 months, and it could be a firm or individual. The have initiated the RFP. Mr. Klein joined the meeting and added that the position would have the core work plan development and work in conjunction with the City, pursue funding opportunities, collaborate with the City and private non-profits, organizations and businesses. They will also pursue match making funding with those organizations. Council Member Wood asked about expenses, and Mr. McGrain stated the personnel costs will be the major costs, and they are not interested in extending it if it is not working. Council Member Wood asked if the funds were State funds or LEDC funds. Mr. McGrain noted they were funds from the EDC through the City. The EDC has funds available for business financing and general funds and utilizing those funds. Council Member Wood asked if they would need those $100,000 funds for the parking bonds. Mr. McGrain stated he was not sure if there are funds with the EDC for the parking bonds, but that might be a discussion later. They are looking at these funds for a giant impact for the community, and they hope to have a firm that could devote someone’s time as a senior level personnel with already established contacts and hit the ground running. MOTION BY COUNCIL MEMBER SPADAFORE TO APPROVE THE RESOLUTION FOR THE GRANT ACCEPTANCE OF THE LEDC GRANT FOR ECONOMIC RECOVERY RESOURCE DEVELOPER POSITION. ROLL CALL VOTE, MOTION CARRIED 2-0. Mr. Smiertka asked Council Member Spadafore if Council would want a presentation Monday night at Council. Council Member Spadafore asked Council Member Wood if she felt she had enough information to summarize, she confirmed however also asked Mr. McGrain and Mr. Klein to attend to answer any questions. Council Member Wood then asked Mr. McGrain to forward the RFP to the Council Office Manager to forward onto the Committee. RESOLUTION – Grant Acceptance; Michigan Department of Treasury First Responder Hazard Pay Premiums Program; Hazard Pay for Law Enforcement Officers, Firefighters, Emergency Medical Technicians, Paramedics and Correction Officers- COVID Related Mr. Widigan reminded the Committee that they had applied in July 2020, and the Department of Treasury has not yet released the funds, however MML thinks it will be shortly. The only cost to the City match is FICA and Medicare, approximately $30,000. Council Member Wood asked if it would affect their retirement. Mr. Brower stated he would look into it, but it is taxable income and should be a fairly small amount. Council Member Spadafore asked if it is similar to a bonus, is a bonus affected by FAC, and Council Member Wood confirmed, and Mr. Smiertka suggested it might be part of the collective bargaining agreement. Council Member Wood asked if this goes back to March and Mr. Widigan confirmed it is the entire time frame. He added that he wanted to make the Committee aware the even though the funds have not been released yet by the State, they are being advised that once the funds are released they have to release them by 9/30/2020. Council Member Wood asked if this would be for employees who have retired since the COVID started, and Mr. Brower stated he believe they would because they were employees when the application was filed and they had to apply for a specific group and any active employees at the time. MOTION BY COUNCIL MEMBER SPADAFORE TO APPROVE THE RESOLUTION FOR THE GRANT ACCEPTANCE FOR THE DEPT. OF TREASURY FIRST RESPONDER HAZARD PAY PREMIUMS PRGRAM. ROLL CALL VOTE, MOTION CARRIED 2-0. Council Member Wood asked Mr. Widigan and Mr. Bower to look into any impact on retirement and report back before Monday’s meeting. DISCUSSION- Fiscal Year 2021/2022 Budget Priorities Council Member Wood noted to the Committee, that based on discussions from other Committees, those Committees are delaying discussions until after the 8/31/2020 Committee of the Whole meeting to get guidance. Other Council Member Wood asked Ms. Kehler and Mr. Widigan to look into what has been spent on outside counsel. Ms. Kehler and Mr. Widigan confirmed they will start working on that. Mr. Smiertka noted they no longer use Gallagher Bassett as the 3rd party because they changed insurance companies to Municipal Risk Managements. Council Member Wood asked what the potential is for having enough revenue to pay bonds for this year. Mr. Widigan stated at this time they have been working with finance, treasury and CSO on the cash flow summary. They are confident there are revenues to pay the bond. They are looking at a 20% reduction in income tax, and at this time the State is giving 101% in revenue sharing. Mr. Brower added that they are in the process of working on financial audits, and will have a better picture on where things stand when those are done. Council Member Spadafore asked Mr. Kehler, Mr. Widigan and Mr. Brower to estimate what the impact on the income tax will the effect of people working from home during COVID. Ms. Kehler stated she will work with the new Treasurer on assessing the Delta Twp., East Lansing and other areas. Mr. Widigan stated a conservative assumption is that 20% of the income taxes are coming from non-residents. Council Member Wood also asked Ms. Kehler what the impact will be if the State reduces leases due to staff working from home. Ms. Kehler stated they might not see that impact for 12-18 months. ADJOURN Adjourned at 9:06 a.m. Submitted by, Sherrie Boak, Council Office Manager Lansing City Council Approved by the Committee on September 11, 2020

Agenda

AGENDA Committee on Ways and Means Friday, August 28, 2020 @ 8:30 a.m. https://us02web.zoom.us/j/84070360390; ID: 840 7036 0390; Dial In: (646) 876-9923 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  August 3 , 2020 3. Public Comment on Agenda Items 4. Discussion/Action: A.) RESOLUTION – Grant Acceptance; Lansing Economic Development Corporation grant for Economic Recovery Resource Developer Position B.) RESOLUTION – Grant Acceptance; Michigan Department of Treasury First Responder Hazard Pay Premiums Program; Hazard Pay for Law Enforcement Officers, Firefighters, Emergency Medical Technicians, Paramedics and Correction Officers C.) DISCUSSION- Fiscal Year 2021/2022 Budget Priorities 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 2020-154 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. DRAFT MINUTES Committee on Ways and Means Special Meeting Monday, August 3, 2020 @ 12:00 p.m. Via Zoom: https://us02web.zoom.us/j/86349636821; Meeting ID: 863 4963 6821; Dial In: (312) 626 6799 CALL TO ORDER The meeting was called to order at 12:00 p.m. Members Present via audio/video Council Member Carol Wood, Chair Council Member Peter Spadafore, Vice Chairperson Council Member Brian T Jackson, Member- absent OTHERS PRESENT Sherrie Boak, City Council Office Manager Chief Green, LPD Judy Kehler, Chief Strategy Officer Joe McClure, LPD Jake Brower, Budget Director Jim Smiertka, City Attorney Lisa Hagen, Assistant City Attorney Minutes MOTION BY COUNCIL MEMBER SPADAFORE TO APPROVE THE MINUTES FROM JULY 24, 2020 AS PRESENTED. MOTION CARRIED 2-0. Public Comment No public present at this time. Discussion/Action REPORT – Chief Strategy Officer Update on Police Budget Details Council Member Wood asked staff to share the screen with the report from the Chief Strategy Officer. Ms. Kehler began with the General Fund breakdown on the dedicated mill and fees specific to the LPD. Council Member Wood asked Council Member Spadafore if based on the fact the revenues come into the general pot, does this meet his request. Council Member Spadafore stated it does get him what is discretionary dollars. Ms. Kehler asked for his definition of discretionary, and Council Member Spadafore stated his definition would be discretionary in applying the funds to other areas after removing the fixed costs or voter millage. Ms. Kehler noted it is not discretionary, there is a statue on what funds can be spent on. The mills are designated DRAFT and the fees are tied to ordinance. Council Member Spadafore asked if there was any language with BWL contract on where those funds from return on equity have to be spent with law enforcement, and was told that was correct. Ms. Kehler added that General Fund dollars by definition have to be based on public use, then referred the Committee to the document from the last meeting on general revenue standards. Council Member Spadafore stated then that it is discretionary and legal, the general funds are not tied to LPD, it could be used under legal guidance for other areas in the City. The discussion then moved to the breakdown on the legacy costs. After the review of those items on the report, Council Member Spadafore asked if salaries could be broken down to patrol, investigator, social workers, etc. Council Member Wood noted that is already in the budget line item, and that could be added to this report. Ms. Kehler noted that there is $300,000 contractual or salaried for crossing guards with the school. Mr. McClure noted the crossing guards are contracted out. The Committee moved into the overview of the operating items. Council Member Wood pointed out the line for Contractual does list the $300,000 for the previous discussion on crossing guards. She then asked Ms. Kehler to detail that out, in addition to detailing out vehicle rental, information technology, utilities, communication and phones, building rent, equipment rental and insurance and bonds noting that those lines items all have to happen to have a police department. Regarding uniforms, Chief Green noted that uniforms can encompass camera batteries, protective equipment, so more items then just an actual uniform. Council Member Wood encouraged making a change to have a note detailing out the uniform line item. Regarding the topic of Special Revenue Funds, Ms. Kehler stated these are specifically appropriate from Council. She then asked for confirmation on the definition she used for General Funds. It was determined by Committee it was appropriate and could be moved to the first page where the General Fund is at. Lastly the Committee reviewed page 3, which listed out the staffing for FY2019, FY2020 and FY2021 with total personnel. It was noted in the graph that in the 247 of FY 2021 there are 12 community officers and 1 social worker. The bottom of that graph outlined the legacy costs in percentage. Council Member Spadafore asked if the final is exclusive legacy costs, and asked that a line be included to stated inclusive and then one for non-legacy costs. Council Member Wood asked Ms. Boak to email Ms. Kehler outlining under the Michigan Taxes that speaks to the fact that police and fire do not receive social security, and since she was not sure if the public was aware of that, it would be worth noting in the report. Ms. Boak sent the email to Ms. Kehler at this time (12:31 p.m). Council Member Wood asked Ms. Kehler to included LPD history, budget process and Chapter 23, to include the social security information to that. Ms. Kehler was asked if the most recent updates could be provided by end of day so the Committee on Equity, Diversity and Inclusion has it for their meeting tonight. Ms. Kehler stated that was possible, and Council Member Spadafore noted it will also appear on the overview for discussion at the Council meeting. Other No other topics of discussion. ADJOURN Adjourned at 12:32 p.m. Submitted by, Sherrie Boak, Council Office Manager Lansing City Council Approved by the Committee on________________ LANSING CITY COUNCIL GRANT INFORMATION FORM (Required for all grant applications and acceptances) REFERRAL DATE: 8/24/2020 GRANT NAME: Economic Recovery Resource Developer (ERRD) DEPARTMENT: Dept of Economic Development and Planning - EDP (Grantee, ERRD Management/Supervision) Lansing Economic Development Corporation - LEDC (Grantor) CONTACT PERSON (INCLUDE EMAIL AND PHONE): EDP: Brian McGrain, Director, brian.mcgrain@lansingmi.gov, 517-483-4060 LEDC: Kris Klein, LEAP, kris@purelansing.com, 517-599-1136 APPLICATION DATE: N/A AWARD DATE: 8/7/2020 (ERRD Contract approved by LEDC Board) GRANT CYCLE: _12 Months (from date of ERRD hire) Check One: _ Annual _X__One-Time FUND AMOUNT: _$100,000____________ (Breakdown below should total this amount) GOODS & SERVICES $100,000.00 (Contract for Services) PERSONNEL $0.00 CONSTRUCTION $0.00 LAND $0.00 OTHER (Training) CITY MATCH (IF APPLICABLE): $0 GRANT PAYS FOR: Fulltime contracted person to serve as the City’s ERRD FUND ALLOCATIONS (Please describe the purpose of the grant and allowable uses): [See page two] 1 The COVID-19 pandemic has had sudden, severe, and lasting economic impacts on the City’s local economy. The City, in coordination with the LEDC, has implemented the Lansing Small Business Recovery Program (“LSBRP”) to identify the urgent needs of small businesses and provide immediate relief and assistance; help with restart operations and work to strengthen surviving businesses; and identify programs and resources available to provide programming and financial assistance to surviving businesses so they can rebound by adapting to the changed economic and social environments. The City and the LEDC, to achieve the goals of the LSBRP, have recognized the need for a fulltime contracted person to serve as the City’s COVID-19 Economic Recovery Resource Developer (“ERRD”). The ERRD would concentrate on identifying funding opportunities and potential partners to coordinate with fundraising efforts; building or tapping into a network of businesses to identify and better understand immediate and long-term needs, including minority owned businesses and other disproportionately impacted groups; creating linkages between various funding opportunities and qualified local applicants who can apply for those funds; fostering mutually-beneficial relationships with current and future partners at the local, state, and federal level; and communicating and building relationships with private industry and potential funders. Subject to the terms of the ERRD Contract, the LEDC will provide up to $100,000 of funding to support the ERRD position (“LEDC Funding”). The City may expend the LEDC Funding only for the following purposes: (1) to compensate and provide benefits to the ERRD for services performed through December 31, 2021; (2) to pay program expenses in connection with the ERRD position; (3) to otherwise provide resources directly in support of the ERRD position; and (4) for other purposes to which the LEDC consents in writing or by email. 2 BY THE COMMITTEE ON WAYS AND MEANS RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, due to the ongoing effects of the COVID-19 pandemic on the businesses within the City of Lansing, the City and the Lansing Economic Development Corporation (LEDC) have determined that there is a need for a single position responsible for locating and obtaining additional funds to assist business recovery; and WHEREAS, the LEDC will provide the City with $100,000.00 in funding for such a position, with no City match, if the City will administrate and establish the contract for the position. NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves acceptance of the $100,000.00 grant for the purposes of funding an Economic Recovery Resource Developer position; BE IT FINALLY RESOLVED, the Administration is authorized to execute any documents necessary to accept the funds, receive the funds, create the necessary accounts, and make necessary transfers for administration in accordance with the requirements of the LEDC. CONTRACT BETWEEN THE CITY OF LANSING AND THE LANSING ECONOMIC DEVELOPMENT CORPORATION TO HIRE A COVID-19 ECONOMIC RECOVERY RESOURCE DEVELOPER This Contract is entered into between the Lansing Economic Development Corporation, a non-profit corporation organized and existing under the laws of the state of Michigan (the “LEDC”), and the City of Lansing, a Michigan municipal corporation (the “City”). BACKGROUND The COVID-19 pandemic has had sudden, severe, and lasting economic impacts on the City’s local economy. The City, in coordination with the LEDC, has implemented the Lansing Small Business Recovery Program (“LSBRP”) to identify the urgent needs of small businesses and provide immediate relief and assistance; help with restart operations and work to strengthen surviving businesses; and identify programs and resources available to provide programming and financial assistance to surviving businesses so they can rebound by adapting to the changed economic and social environments. The City and the LEDC, to achieve the goals of the LSBRP, have recognized the need for a fulltime contracted person to serve as the City’s COVID-19 Economic Recovery Resource Developer (“ERRD”). The ERRD would concentrate on identifying funding opportunities and potential partners to coordinate with fundraising efforts; building or tapping into a network of businesses to identify and better understand immediate and long-term needs, including minority- owned businesses and other disproportionately impacted groups; creating linkages between various funding opportunities and qualified local applicants who can apply for those funds; fostering mutually-beneficial relationships with current and future partners at the local, state, and federal level; and communicating and building relationships with private industry and potential funders. The City and the LEDC have identified the opportunity to support the City’s engagement of an ERRD under the terms of this Contract. AGREEMENT 1. ERRD Position a. The City will engage an ERRD as a City employee or independent contractor by December 30, 2020. The initial term of the ERRD’s position will run at least through December 31, 2021. The parties will cooperate to modify this Contract as appropriate if the City is unable to hire a qualified ERRD for at least the 2021 calendar year. 1 b. The ERRD will be an employee or independent contractor of the City, and not of the LEDC. Except as provided in this Agreement, the City retains complete discretion and responsibility regarding the ERRD’s position, engagement (which for all purposes of this Contract means employment or retention as an independent contractor, as applicable), activities, compensation, and related matters. The City will pay all expenses and provide all resources in support of the ERRD position, except only that the LEDC will provide the LEDC Funding as required by this Contract. The City will comply with all laws affecting the ERRD’s engagement, activities, and related matters. c. The ERRD will be supervised by the City’s Director of Economic Development and Planning. The ERRD will be responsible for supporting the continued implementation and development of the LSBRP, including by performing the tasks described below. i. Pursuing opportunities: Identify public and private funding opportunities, respond to opportunities, develop proposals, and coordinate with City partners to secure resources to advance economic recovery efforts. Position the City and entities within Lansing to apply for and receive funding. ii. Coordination and collaboration: Liaise closely with the Community Response Cabinet, City departments, commercial districts, LEAP, LEDC, and the Lansing Regional Chamber of Commerce. Work to support and coordinate related fundraising efforts of these partners. iii. Build a networked community of businesses: Understand their immediate and long-term needs, including minority-owned businesses and other disproportionately impacted groups. iv. Matchmaking: Curate resources and opportunities. Create linkages between opportunities discovered and the most appropriate local entity to pursue opportunity. v. Relationship building: Foster mutually-beneficial relationships with current and future partners at the local, state, and federal level. Communicate and build relationships with private industry and funders. vi. Other Duties: Such other duties as may be prescribed by the City to the ERRD. The City will prescribe duties to the ERRD that the LEDC reasonably requests. The ERRD will not be asked to perform duties that do not support the economic recovery efforts in the City. 2. LEDC Funding a. Subject to the terms of this Contract, the LEDC will provide up to $100,000 of funding to support the ERRD position through December 31, 2021 (the “LEDC Funding”). In no event will the LEDC’s responsibility under this Contract exceed $100,000. b. The City may expend the LEDC Funding only for the following purposes: (1) to compensate and provide benefits to the ERRD for services performed through December 31, 2021; (2) to pay program expenses in connection with the ERRD position; (3) to otherwise provide 2 resources directly in support of the ERRD position; and (4) for other purposes to which the LEDC consents in writing or by email. The City agrees to repay to the LEDC any LEDC Funding that the LEDC has advanced to the extent that the City does not timely expend that funding for a purpose permitted by this Agreement. c. The LEDC will advance the LEDC Funding to the City on the following schedule, provided that the ERRD remains engaged and that the LEDC’s Board of Directors is satisfied with the ERRD’s performance through the relevant date: i. $22,500 after the ERRD’s start date; ii. $22,500 after the City has employed the ERRD for 90 days; iii. $22,500 after the City has employed the ERRD for 180 days; iv. $22,500 after the City has employed the ERRD for 270 days; and v. $10,000 as a performance payment after the City has employed the ERRD for one year, provided that the ERRD’s performance is at that time evaluated as highly satisfactory by both the City and the LEDC’s Board of Directors. The advance described in i. is conditioned on the City delivering to the LEDC an executed copy of the employment or independent contractor agreement between the City and the ERRD, as well as the City’s other compliance with Section 3.a. Each of the advances described in ii. through iv. is conditioned on the City providing a satisfactory Quarterly Report to the LEDC covering the prior 90 days. The performance payment described in v. is conditioned on the City providing a satisfactory Annual Narrative Report covering the prior year. d. The City will notify the LEDC when the conditions to an advance become satisfied. The City will include with the notice an invoice requesting the relevant advance, as well as the other required documentation (e.g., report). The LEDC will pay each advance within ten days of it determining that the conditions to the advance have been satisfied. e. If the LEDC’s Board of Directors determines that it is unsatisfied with the ERRD’s performance, the Chairman of the Board will notify the City’s Director of Economic Development and Planning of the LEDC’s concerns and whether the LEDC intends to withhold future advances, or the circumstances under which the LEDC may withhold future advances. The City will then work promptly with the ERRD to address the concerns. The LEDC’s obligations to make further advances are conditioned on the concerns being addressed to the LEDC’s Board’s satisfaction. f. The LEDC will not advance LEDC Funding after the termination of the ERRD’s engagement or this Contract, nor will the LEDC advance LEDC Funding with respect to services performed after December 31, 2021. 3. Reporting and Related Matters a. Position Documentation. The City will provide the LEDC an opportunity to review and comment on the proposed agreements and other relevant documentation 3 establishing the relationship between the City and the ERRD and otherwise regulating the ERRD’s activities. This documentation includes the ERRD’s work plan or other demonstration of how the ERRD’s activities are anticipated to achieve the tasks described above, which will be provided within a month of hiring the ERRD and promptly finalized after LEDC comment. All such agreements and documentation must be consistent with this Agreement. The City will provide a copy of each executed agreement and final document to the LEDC. b. Quarterly Reporting. Promptly after each of the first three 90-day periods of the ERRD’s employment, the City will provide the LEDC a report that summarizes in reasonable detail the ERRD’s fundraising activities, partnership engagement, and other material activities for the prior 90 days (the “Quarterly Report”). The City will also regularly update the LEDC and share with it information and materials relating to the ERRD’s fundraising efforts, including fundraising prospect lists, funder contact tracking and engagement, pitch decks, and research around partner funding opportunities. c. Annual Reporting. By January 31, 2022, or earlier if reasonably possible, the City will provide a report to the LEDC that summarizes in reasonable detail the ERRD’s efforts and successes through December 31, 2021 (the “Annual Narrative Report”). The report will include information regarding how the ERRD has assisted the City with working with local economic development partners and helped to contribute to their success, and a summary of fundraising related successes and challenges. d. Other Information. The City will retain reasonably detailed records and other information regarding the ERRD and his or her activities and programs, including any records or other information that the LEDC reasonably requests that the City retain. The City will provide the LEDC with access to such records and other information as the LEDC reasonably requests. The City will comply with its standard recordkeeping policies and requirements with respect to the retention of such records and information. 4. Miscellaneous a. Indemnification. The City will reimburse the LEDC for all damages, expenses (including reasonable attorneys’ fees), and other liabilities that the LEDC incurs to the extent resulting from the City’s breach of this Contract. The LEDC will reimburse the City for all damages, expenses (including reasonable attorneys’ fees), and other liabilities that the City incurs to the extent resulting from the LEDC’s breach of this Contract. The City will include the LEDC in indemnification provisions in any independent contractor agreement with the ERRD. b. Termination. Either party may terminate this Contract should the other party materially breach this Contract and fail to cure that breach within 10 days of the other party providing written or email notice of the breach. Promptly upon termination of this Contract, the City must return any unspent portion of advanced LEDC Funding (without limiting the City’s other liabilities under this Contract). The party’s obligations that accrued prior to the termination of this Contract (including a party’s indemnification obligations), will survive the termination of this Contract, as well as Sections 1.b. (with no further obligation to engage the ERRD), 2.b., 3.d., and Section 4. c. Severability. The invalidity or unenforceability of a provision of this Contract does not affect the validity or enforceability of any other provision of this Contract. If a 4 provision is determined to be unenforceable, then the parties agree that the court making that determination is directed to modify the provision to the least extent possible to make it enforceable, and to enforce the provision as modified. d. Amendment, etc. This Contract may be modified or amended only by a written agreement signed by both parties. A party’s waiver of a breach of this Contract is limited to that breach, and does not waive any future breach. A party’s failure to exercise a remedy for a breach of this Contract is not a waiver of the party’s rights with respect to that or any future breach. Neither party may assign, transfer, or delegate its rights and obligations under this Contract without the written consent of the other party. e. Entire Agreement. This Contract contains the entire understanding among the parties and supersedes any previous or contemporaneous discussions and agreements between them regarding its subject matter. The LEDC makes no implied or express guarantee, offer, or representation regarding future funding beyond that promised in this Contract. f. Counterparts. This Contract may be executed in counterparts and in hard copy or by electronic transmission, including facsimile, scanned and e-mailed documents, or electronic contracting software. When so executed, the counterparts taken together comprise a single, complete, and original agreement. Each of the parties evidences its agreement to this Contract by executing it below. CITY OF LANSING BY: ____________________________________________ PRINTED NAME: ________________________________ TITLE: _________________________________________ DATE: _________________________________________ LANSING ECONOMIC DEVELOPMENT CORPORATION BY:____________________________________________ PRINTED NAME: Calvin L. Jones TITLE: Chair, LEDC Board of Directors DATE: __8/13/2020 5 LANSING CITY COUNCIL GRANT INFORMATION FORM (Required for all grant applications and acceptances) REFERRAL DATE: 8/24/2020 GRANT NAME: First Responders Hazard Pay Premium Program DEPARTMENT: Finance CONTACT PERSON (INCLUDE EMAIL AND PHONE): Rob Widigan, robert.widigan@lansingmi.gov, 517-483-4594 APPLIICATION DATE: 7/22/2020 AWARD DATE: Anticipated, advance funding requested GRANT CYCLE: _FY2021_ Check One: _ Annual _X One-Time FUND AMOUNT: ___$381,000___ (Breakdown below should total this amount) GOODS & SERVICES PERSONNEL $381,000 CONSTRUCTION $0.00 LAND $0.00 OTHER (Training) CITY MATCH (IF APPLICABLE): FICA/Medicare GRANT PAYS FOR: Hazard pay premiums for first responders performing hazardous duty or work involving physical hardship related to COVID-19. FUND ALLOCATIONS (Please describe the purpose of the grant and allowable uses): The grant provides $1,000 in hazard pay per qualifying first responder (Law Enforcement Officer, Firefighter, EMT, Paramedic, and Corrections Officers) who have performed hazardous duty or work involving physical hardship related to COVID-19, and whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Hazard pay must be issued no later than September 30 to be applicable. The City has applied for advance funding which is anticipated 8/24/2020. BY THE COMMITTEE ON WAYS AND MEANS RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING That the following grant acceptance is approved: WHEREAS the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136 provides for funding to reimburse and/or pay for qualifying hazard pay premiums for first responders who have performed hazardous duty or work involving physical hardship related to COVID-19. WHEREAS the City of Lansing has applied to the Michigan Department of Treasury’s First Responder Hazard Pay Premiums Program (FRHPPP) on July 22, 2020 and submitted a request for advance funding August 5, 2020. WHEREAS the program provides up to $1,000 in hazard pay for Law Enforcement Officers, Firefighters, Emergency Medical Technicians, Paramedics, and Corrections Officers whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. WHEREAS the Michigan Department of Treasury has not yet announced grant awards for the FRHPPP program as of August 20, 2020. NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council approves the acceptance of the FRHPPP funds up to the requested amount of $381,000, once awarded by the Michigan Department of Treasury; and, BE IT FURTHER RESOLVED, the administration is authorized to create appropriation accounts and to make the necessary operating transfers for the expenditure and control of the balance of the awarded grant funds; and, BE IT FINALLY RESOLVED, the administration is authorized to issue the awarded hazard pay premiums at any date following receipt of advance funding. DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 BY THE COMMITTEE OF THE WHOLE RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, the Charter of the City of Lansing requires the Council to adopt an annual statement of Budget Policies and Priorities serving to guide the Administration in developing and presenting the Fiscal Year 2021/2022 Budget; and WHEREAS, the City Council established the following Mission/Vision and goals; and The City of Lansing’s mission is to ensure quality of life by: I. Promoting a vibrant, safe, healthy and inclusive community that provides opportunity for personal and economic growth for residents, businesses and visitors a. The City’s diverse economy generates and retains (sustains) high quality stable jobs that strengthen the sales and property tax base and contribute to an exceptional quality of life. b. The City is governed in a transparent, efficient, accountable and responsive manner on behalf of all citizens. c. The City’s neighborhoods have various resources that allow them to be on a long term viable and appealing basis. d. Support economic development initiatives that promote and retain new industries and markets. II. Securing short and long term financial stability through prudent management of city resources. a. Wise stewardship of financial resources results in the City’s ability to meet and exceed service demands and obligations without compromising the ability of future generations to do the same. b. Pursue and facilitate shared services regionally that allow for cost savings and revenue enhancement. c. Support initiatives that build the City’s property and income tax base. III. Providing reliable, efficient and quality services that are responsive to the needs of residents and businesses. a. The City’s core services and infrastructure are efficiently, effectively and strategically delivered to enable economic development and to maintain citizen’s health, safety and general welfare. IV. Adopting sustainable practices that protect and enhance our cultural, natural and historical resources. a. Seek partnership opportunities with educational and corporate institutions and to maintain and expand our talent base. b. Create vibrant places, support events and activities that showcase our waterfront and green spaces. DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 c. Raise the level of support for projects and initiatives that showcase local and state history. V. Facilitating regional collaboration and connecting communities. a. The City has a safe efficient and well connected multimodal transportation system that contributes to a high quality of life and is sensitive to surrounding uses. b. Seek a balanced distribution of affordable housing in the tri-county region. WHEREAS, the City Council would like to continue its commitment, if funding is available, to:  Maintain and improve the City’s infrastructure;  Preserve and ensure clean, safe, well-maintained housing and neighborhoods;  Provide comprehensive and affordable recreational programs and youth and family services;  Explore alternatives for improved efficiency in service and delivery; and WHEREAS, in considering these Fiscal Year 2021/2022 Budget Priorities, the Administration is encouraged to ascertain the feasibility of funding any new programs through either the reduction of spending in existing program areas or the exploration of new funding sources that would assure the sustainability of the program; and WHEREAS, the Administration was encouraged to supplement, not supplant any existing resources for police, fire and local roads with the General Fund revenues collected under this millage; and WHEREAS, the Administration is requested to include in its Fiscal Year 2021/2022 Budget, the necessary funding to accomplish all requested plans, studies, evaluations, reviews, report submissions, program assessments, and analyses noted within this resolution below, or alternatively documentation as to why such activities are prohibitively costly; and WHEREAS, the Lansing City Charter states that the budget proposal due on the fourth Monday in March of each year shall contain “the necessary information for understanding the budget” and how the proposal addresses the priorities proposed by the City Council. NOW BE IT RESOLVED, that the Lansing City Council, hereby, acknowledges that the City will likely need to adopt, at best, a budget which recognizes the structural changes that are the result of lost revenues and future liabilities, encourages the Administration to prudently develop next year’s budget with the following conditions:  Protection of public and emergency services. BE IT FURTHER RESOLVED, that the Administration is requested to review the attached statement of policies and priorities and implement those items that would boost efficiencies to increase productivity or reduce costs, that could replace existing DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 programming, or if funding becomes available, that could be considered as new programming; and BE IT FURTHER RESOLVED, that the Administration is requested, to the extent practicable, to include non-appropriations clauses and other similar out provisions in existing and future leases, and vendor contracts upon review of City Council; and NOW THEREFORE BE IT FURTHER RESOLVED that the Administration is requested to develop and provide all plans, studies, evaluations, reviews, report submissions, program assessments, and analyses noted as set forth below in this resolution, or alternatively, documentation as to why such activities were prohibitively costly, by the fourth Monday in March 2021. I. Promoting a vibrant, safe, healthy and inclusive community that provides opportunity for personal and economic growth for residents, businesses and visitors. a) The City’s diverse economy generates and retains (sustains) high quality stable jobs that strengthen the sales and property tax base and contribute to an exceptional quality of life (1) Economic Development For presentation to City Council beautification standard/expectation and a storm water mitigation plan for all proposed development projects that receive incentives from the City. Such standards should serve as a planning and economic development tool that will enhance property values, create jobs, and revitalize neighborhoods and business areas. These standards and plan should be presented to the City Council. b) The City is governed in a transparent efficient accountable and responsive manner on behalf of all citizens. (1) A delineation of recommendations of the Financial Health Team, noting which recommendations have been implemented, which are in the FY 2021/2022 proposed Budget, which are planned to be implemented at a future time, and which have been determined not to be implemented at any time. A timetable for future implementation is requested. (2) Supplemental Accounting Level Detail. A plan and timeline for the implementation of performance-based budgeting. (3) Development and analysis of a cost recovery schedule for City services. DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 (4) Development of a return on investment analysis for all proposed changes in City services. (5) Identification of, and a complete and ongoing analysis of, the City’s structural deficits and the Administration’s plan to eliminate the same. (6) Incorporate into the proposed Budget a 5-Year projection of revenues and expenditures. (7) Continue to invest one-time money into Retirement & OPEB obligations and how to increase funding. (8) Continue to invest one-time money into Infrastructure, including sidewalks. (9) Continue to invest one-time money into hardware and software investments for City operations. IF THE FOLLOWING TASKS WERE DONE IN FY2020/2021 THEY CAN BE REMOVED: (10) Hire a full time or part time individual housed in the LPD or OCA who focuses on FOIA redactions in working in cooperation with Ingham County over funding. (11) Additional support for increases in capabilities and technologies efficiencies for Finance, Treasury, and Human Resources departments.  ERP Migration – Possible Replacement of One Solution  Outside Specialized Consulting – Plant & Moran  Possible addition of in house staff as determined c) The City’s neighborhoods have various resources that allow them to be long term viable and appealing. (1) A researched report on surrounding community models for neighborhood organization technical support structure within the City. (2) Working with the City Attorney and Code Compliance Division to expedite improvements or closure of abandoned, neglected, and burned out houses and commercial buildings by using the International Property Maintenance Code (IPMC) and adopt the latest version of the IPMC from the State of Michigan. Development of aggressive policies to deal with problematic property owners. DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 (3) Food Access: Together with the City of Lansing Economic Development Corporation development of a plan should increase quality food access throughout the City using all incentives available. (4) Code Compliance: Assurance that the Code Compliance Department is conducting the appropriate inspections and issuing appropriate fines to ensure the buildings in our City are safe and that we have quality neighborhoods and conduct a study of Code Compliance to determine a level of service for first time inspections and re-inspections assuring the safety of the housing stock for residential and mobile homes. (5) Further expand down payment assistance programs with employers to encourage employees to live in the City of Lansing, and encourage employment of Lansing Residents. d) Support economic development initiatives that will promote and retain new industries and markets. e) Funding through HRCS for a G.E.D. program that targets lower income areas. II. Securing short and long-term financial stability through prudent management of City resources. a) Wise stewardship of financial resources results in the City’s ability to meet and exceed service demands and obligations without compromising the ability of future generations to do the same. (1) Administration is requested to submit the following list of deliverables when they are due per City Charter and State Statue and adhere to them based on these priorities. (a) Comprehensive Annual Financial Audit (CAFR) annually, no later than December 31st of each year, in accordance with the State Statute. (b) During the months of October, January and April of each fiscal year, the Director of Finance’s written report showing the control of expenditures. (Charter- Article 7-110) (c) By September 1st of each fiscal year, a written budget update report so that Council can review their standings on current budget items in preparation for the Council required creation of Budget Policies and Priorities that need to be adopted by October 1, 2020. (Charter- Article 7-102) DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 (d) No later than the last regular City Council meeting in January of each year, a State of the City report to the City Council and to the public. (Charter- Article 4 -102.4) (e) The Proposed Budget with annual estimate of all revenues and annual appropriation of expenditures no later than the 4 th Monday in March of each year. (Charter – Article 7-101) (f) A presentation to Council of each department budget in preparation for Council to adopt the Budget Resolution no later than the 3rd Monday in May each year. b) Pursue and facilitate shared services regionally that allow for cost savings and revenue enhancement. (1) Pursue partnerships with stakeholders, (intra municipal and intergovernmental), to align services in relation to public services. (2) Facilities Plan: Submit to the City Council a five and ten-year Master Facilities Plan including school and county facilities that are used for current and future City uses. City Council is also requesting that the Administration continue to work on any delayed maintenance issues with regard to all City Facilities. c) Support initiatives that build City’s property and income tax base III. Providing reliable, efficient and quality services that are responsive to the needs of residents and businesses. a) The City’s core services and infrastructure are efficiently, effectively and strategically delivered to enable economic development and to maintain citizen’s health, safety and general welfare. (1) Establish funding for two additional Code Compliance Officers as well as an additional support staff to track down property owners that have not scheduled re-inspection and to research properties suspected of being unregistered rentals. (2) City-wide Emergency Preparedness: Allocation of sufficient funding for the Emergency Management Division to prepare City Employees with appropriate emergency training, continue efforts to prepare the public and neighborhood groups to assist in emergencies, and provide basic search and rescue operations and necessary emergency equipment at key City facilities, and communicate the plan to the Lansing City Council and the public. Updated and DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 continual training should be provided. The Administration shall assist residents in times of unforeseen disasters. (3) Fire Facilities Maintenance: The Administration is to conduct a study of the maintenance needs of all fire stations and report to City Council an update of the status of the study by the 4 th Monday of March. Along with a funding recommendation for short and long-term improvement to these structures. (4) Regionalism: The Administration should continue with the current regional efforts and look into the possibility of expanding the efforts. (5) Police-Community Relations: Designate funding to help the Police Department to ensure the improvement of police-community relations. Reaffirming the City’s commitment to equality and freedom for all people regardless of actual or perceived race, sex, religion, ancestry, national origin, color, age, height, weight, student status, marital status, familiar status, housing status, military discharge status, sexual orientation, gender identification or express, mental or physical limitation, and legal source of income. (6) Crime Prevention: Designate funding to invest in programs for long- term crime prevention strategies. (7) Allocate Overtime for Problem Solving Area: Designate sufficient funding for overtime for police officers to address problem solving to help certain crime and address quality of life issues. (8) Community Policing: Continue and increase funding along with searching for grant funds for COPs in neighborhoods with a goal not only to reduce crime but to stabilize the neighborhood over an extended period of time that will help to ensure its ability to rebound. IF THE FOLLOWING TASK WAS DONE IN FY2020/2021 IT CAN BE REMOVED: (9) Establish a Community Policing within the 2nd Ward. (10) Leadership vacancies: Develop and implement a plan and timeline to fill all funded vacancies and provide a report to City Council. (11) Front-loading of Police Officers: Continue to front-load Police Officers so that we have officers ready to take the road when officers retire. (12) Ensure adequate safe equipment to increase street sweeping, especially areas heavily traversed by bikes. DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 (13) A study to determine the effectiveness of traffic calming and what measures may be successful and funding to implement. (14) Establish funding to address usability, accessibility, quality of life, and better means of aging in place through the City of Lansing Parks. The Administration will consider the list of ADA Accessible Amenities from the 2018 Report from Capital Area Disability Network. (Attachment A) IV. Adopting sustainable practices that protect and enhance our cultural, natural and historical resources. a) Seek partnership opportunities with educational and corporate institutions and to maintain and expand our talent base. b) Create vibrant places, support events and activities that showcase our waterfront and green spaces. (1) Trail/Greenways Encouraging the Parks and Recreation Department to work collaboratively with the Tri-County Planning Commission to develop/expand our citywide/regional trail system and seek opportunities to reduce expenses in this effort. Additionally, look at the feasibility of connecting the River Trail (through bike lanes/Greenways to Trails) where there is currently no access to the trail. c) Raise the level of support for projects and initiatives that showcase local and state history. d) Corridor Façade Grants- generate guidelines with LEAP describing the area and requirements for the distribution of the Corridor Façade Grants, and review annually. IF THE FOLLOWING TASK WAS DONE IN FY2020/2021 IT CAN BE REMOVED: e) Designate funding for a City Sustainability Coordinator to implement the deliverables, findings and recommended steps from the Lansing Climate Action Planning Project and/or general sustainability efforts including but not limited to reducing Lansing’s carbon footprint and align with the Paris- Accord. V. Facilitating regional collaboration and connecting communities a) The City has a safe efficient and well-connected multimodal transportation system that contributes to a high quality of life and is sensitive to surrounding uses. DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 (1) Corridor: City Council encourages the Administration continue to develop a plan and report its status to the Lansing City Council that seeks to revitalize and enhance all major corridors that lead into the City. b) Seek a balanced distribution of affordable housing in the tri-county region. PENDING ANY SUBMISSION FROM THE BOARD OF PUBLIC SERVICE, THE BELOW COULD CHANGE OR BE REMOVED: RESOLVED, recognizing the financial challenges facing the City of Lansing (“City”) and its Public Service Department (“Department”), including the Department’s obligations to comply with numerous mandates, including unfunded mandates, the Lansing Board of Public Service supports the efforts of the Department. RESOLVED, the Board of Public Service supports and recommends the following budget priorities to the Lansing City Council for consideration with Council's Budget Policies and Priorities for the Fiscal Year July 1, 2020– June 30, 2021: 1. General Fund levels should be increased for implementation of the City's Street System Asset Management Plan, and for additional funding for reconstructing neighborhood streets with a Pavement Surface Evaluation Rating of 4 or lower. We encourage support for the department to look for new and innovative ways to extend the life of our existing streets and seek additional funding. 2. Increase compliance with the City’s Complete Streets Ordinance, and additional funding of the sidewalk gap closure program, sidewalk repairs and right-of-way maintenance and improvement, consistent with keeping safety a priority for Lansing residents and visitors, while meeting or exceeding the compliance with the Americans with Disabilities Act. 3. Increase funding to update and improve the fleet of city vehicles, with specific priority for the Public Service Department; 4. Increase funding for the cleaning and maintenance of our wastewater aeration basins to remove sludge and silt buildup from the bottom of these tanks and repairing them once cleaned. This will allow us to be at or above the recommended guidelines. 5. The City should approve a budget to: (i) expand opportunities for multi- family residential and business recycling; and (ii) implement organic waste recovery; 6. Follow recommendations of the energy audit of all facilities and properties to save on energy and cut costs by replacing wasteful devices with ones that are energy efficient and reduce the carbon footprint of the City of Lansing. DRAFT #1 AS ADOPTED UNDER RESOLUTION 2019-270 FOR FY 2020/2021 7. Fund training and work with federal, state, county, local municipalities, and organizations to become a leader in PFAS regulation, testing, monitoring and enforcement. PUBLIC SERVICE DEPARTMENT Wastewater Division 1625 Sunset Avenue Lansing, Michigan 48917 (517) 483-4404 FAX: (517) 483-4536 http://publicservice.cityoflansingmi.com/pubwater/ August 20, 2020 Mr. Chris Swope City Clerk City Hall Lansing, Michigan RE: Board of Public Service: Budget Priorities Resolution for FY 2021/22 Dear Mr. Swope: The attached resolution was adopted at the Board of Public Service meeting held August 20, 2020. Please place on the Council Agenda. Please let me know if you have any questions. Respectfully submitted, Janette Tate Recording Secretary Attachment LANSING BOARD OF PUBLIC SERVICE BUDGET PRIORITIES RESOLUTION AUGUST 20, 2020 RESOLVED, recognizing the financial challenges facing the City of Lansing (“City”) and its Public Service Department (“Department”), including the Department’s obligations to comply with numerous mandates (including unfunded mandates) the Lansing Board of Public Service supports the efforts of the Department. RESOLVED, the Board of Public Service supports and recommends the following budget priorities to the Lansing City Council for consideration with Council's Budget Policies and Priorities for the Fiscal Year July 1, 2021– June 30, 2022: 1. Increase general fund support for implementation of the City's Street System Asset Management Plan, with a priority placed on reconstructing and preserving neighborhood streets, especially in those areas of the city which have been historically underserved. We encourage the Department to continue utilizing new and innovative ways to extend the life of our existing streets; 2. Maintain and expand funding for sidewalk repairs and right-of-way maintenance and improvement, with a priority placed on underserved areas; this should all be done while keeping safety a priority for Lansing residents and visitors, and meeting or exceeding the compliance with the Americans with Disabilities Act; 3. Maintain and expand funding to update and improve the fleet of city vehicles, with specific priority for the Department; 4. Establish Lansing as a leader in PFAS regulation, testing, monitoring and enforcement through maintaining and increasing funding for educational and training purposes, and working with relevant federal, state, county and local governments, and non-government organizations; 5. Expand opportunities for multi-family residential and business recycling; 6. Follow recommendations (to the greatest extent feasible) of the energy audit of all facilities and properties to save on energy and cut costs by replacing wasteful devices with ones that are energy efficient and reduce the carbon footprint of the City of Lansing. RESOLVED, as the Department generates savings through improved efficiencies in service delivery and other areas, these savings should be maintained within the Department.