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Home My WebLink AboutResolutions - 2011.09.22 - 18726MISCELLANEOUS RESOLUTION ff11210 September 22, 2011 BY General Governnlent Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS - CALENDAR YEAR 2011 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this is an ongoing grant, and the eighteenth (18 th) year of funding by the State of Michigan, Department of Labor and Economic Growth; and WHEREAS the grant award of $326,937 consists of $226,937 in current program costs and $100,000 as reimbursement for past expedited expenditures; and WHEREAS the Remonumentation Program basic work has been accomplished and the scope of work has changed; and WHEREAS for FY 2011, the grant will provide partial reimbursement for one existing full-time eligible Plat & Boundary Review Specialist position that is in charge of the monitoring and administrative matters of the program; and WHEREAS no additional personnel or local match is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS approximately 4,460 corners have been remonumented and approved by the Peer Review process and 29 corners are currently being remonumented through the Remonumentation Program; and WHEREAS the grant agreement has been reviewed and approved through the County Executive Contract Review Process and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Assistance for Survey, Monumentation and Remonumentation Grant for the period of January 1, 2011 through December 31, 2011 in the amount of $326,937. BE IT FURTHER RESOLVED that one (1) General Fund General Purpose full-time eligible Plat & Boundary Review Specialist position (#2010401-09329) will be partially reimbursed by the Remonumentation program effective January 1, 2011 through December 31, 2011, BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the contract agreement and that the chairperson may approve amendments and extensions up to fifteen (15%) percent variance from the award, consistent with the original agreement as approved. BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of Commissioners hereby appoints the County Clerk/Register of Deeds, Bill Bullard Jr, as the Grant Administrator as required by the State. However, grant procedure requires Board authorization. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the continuation of the Remonumentation Program: BE IT FURTHER RESOLVED that continuation of this grant does not obligate the County to any future commitment, and any special revenue positions and other program costs associated with this grant are contingent upon future levels of grant funding. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Matis, Hatchett and Quarles absent. Gala Piir From: Sent: To: Cc: Subject: VanPelt, Laurie <vanpeltl@oakgov.corn> Thursday, August 18, 2011 4:09 PM 'Piir, Gaia'; 'Davis, Patricia'; 'Jones, Karen': `Secontine, Julie' 'Crank, Ronald'; 'Doyle, Larry'; 'Ward, Christopher'; 'Falardeau, Nancy' RE: Grant Review: Register of Deeds - Survey and Remonumentation Grant - Grant Acceptance Approved. From: Piir, Gala [mailto:piirg@oakgov.com] Sent: Thursday, August 18, 2011 2:41 PM To: 'Davis, Patricia'; Jones, Karen; 'Semntine, "lanPelt, Laurie' Cc: 'Crank, Ronald'; 'Doyle, Larry'; 'Ward, Christopher'; 'Falardeau, Nancy' Subject: Grant Review: Register of Deeds - Survey and Remonumentation Grant - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Register of Deeds 2011 Survey and Remonumentation Grant State of Michigan Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: August 26, 2011 GRANT INFORMATION Date: August 18, 2011 Operating Department: Register of Deeds Department Contact: Ronald J Crank Jr. Contact Phone: 248-858-1447 Document Identification Number: BCC- 10-63 REVIEW STATUS Acceptance — Resolution required Funding Period: January 1, 2011 through December 31, 2011 New Facility/ Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None MWDBE Requirements: No Funding Continuation/New: Continuation Application Total Project Amount: $326,937 Prior Year Total Funding: $325,381 New Grant Funded Positions Request: 0 T REVIEW SIGN OFF — Clerk/Register of Deeds GRANT NAME: 2011 Survey and Remonumentation Grant FUNDING AGENCY: State of Michigan DEPARTMENT CONTACT PERSON: Ronald J. Crank 248 858-1447 STATUS: Grant Acceptance DATE: August 24, 2011 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant ageementkontract Finance Committee Fiscal Note, and this Sign Off email containing rant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (8/18/2011) Department of Human Resources: Approved. —Karen Jones (8118/2011) Risk Management and Safety: Approved By Risk Management— Andrea Plotkowski (8/23/2011) Corporation Counsel: There are no outstanding lessl issues concerning the above grant agreement. —Joellen Shortley - Blaszczak (8/19/2011) COMPLIANCE The grant agreement references a number of specific federal andlor state regulations. Below is a list of these specifically cited compliance related documents for this grant Michigan State Survey and Remonumentation Act 345 of 1990 http ://w ww .1 egi slature.mi.gov/( S(tth2 g0b5fi qulb45bijz3x45))/milea.asnx?page=getobi ect&obi ect narne—mcl-act-345-of-1990&auervid=1729081&hi alight Michigan Revised Judicature Act of 1961 (Excerpt); 2002 PA 700 h : //www. le (ri sIature .mi.crov/ S zgs ohm vs ar55'.3 I 3545 ina i le • .as ix? a 0-e=cret0b" ec ctNarne--inc1-600-2567a&hivia1i2lit=2002%20A1.lDV020PA%20A1ND%20700 Michigan Coordinate Systems Act 9 of 1964; 1988 PA 154 http://www.legislature .m gov/(S (mwvgws451div22.2.55 so 1xhn55)Vm eg.aspx?page=GetObject& objectname=mcl-Act-9-of-1964&quervid=22224409 Federal Office of Management and Budget (OMB) Circular No. A-133. hap ://www.whiteb ouse .gov/ombicirculars/a133/a133 .html Michigan House Concurrent Resolution No. 206 of June 1987 http://www.clbs-mi.orgipdf/2004 OBS workbook.pdf Michigan State Constitution of 1963 (Excerpt), Article XI § 5 httn://www.1 errislatuxesni.gov/IS (mwygws45khv4255 so lxhp55))/mileg.aspx?Dage=etObject& objectName--incl-Article-XI-5 Michigan Civil Service Rule 7-1 u.o://www.michizan.aovhaidcs/0,1607,7-147-6877 8155-73230--,00.b1m1 Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.mi.govfing3lxgeltnu -j5z55z2uiwv45)/miIeg.asux?page=getobject&objectn ame=rnel-Act-453-of-1976&querykl=14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" htto ://www . le is I ature.mi.govguo3lxgeltinri5z55z2.uiwy45)/mileg.asux?paue=Retobject&obi eetn arne=mcl-Act-220-of-1976&oueryid=14718589 Michigan State Contracts with Certain Employers Prohibited - "Act 278 of 1980" htto ://www .le sl ature.mi. gov/(S (eal rao-v4uno19,-,bvh 0s21355))/mii e .asux?oage=getObi ect&obj . e-etName=mol-Act-278-of-1980 Federal Anti-Lobbying; Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions (31 USC 1352) http://us code.1) ()use .gov/uscode- caigastweb.exe? zetdoe+useview+t29t32+1811-4H—F%28Anti Lobbying -°/029%20%20AND%20 %28%2831%29%20ADJ%2OUSC%29%3ACEIE%20°/020%20%20%20%20%20%20%20 • GRANT NO. BCC 1.1-63 GRANT BETWEEN TirrIE STATE OF MICHIGAN DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH AND - OAKLAND COUNTY GRANTEE/ADDRESS: Contact Name Organization Name Address City, State, Zip Telephone: FAX: Bill Billiard, Jr. County of Oakland 1200 N. Telegraph Road Department 480 Pontiac, MI (248) 858-1447 (248) 858-7466 GRANT ADIviTNISTRATORJADDRESS: Keith E. Lambert, Direcior Office of Land Survey &. Remonumentation Department of Energy, Labor & Economic Growth P.O. Box 30704 Lansing, MI 48909 GR N1 PERIOD: From 01-01-2011 to 12-31-2011 TOTAL ANNUAL PROJECT BUDGET FOR WORK IN CALENDAR YEAR 2011: Federal Contribution: State Grant Amount: COUI* Cash Contribution: Expedited - Reimbursement for Past Expedited Expenditures: $326,937.00 100,000.00 $326,937.00 2011 TOTAL ANNUAL PROJECT BUDGET: ACCOUNTING DETAIL: Index 48064 1 PCA 02935 Fed ID. No. 386004876 GRANT This is Grant # BCC 11-63 between the Department of Energy, Labor and Economic Growth (Grantor), Oakland County (Grantee) subject to terms and conditions of this Agreement (Agreement). 1.0 Statement of Purpose 1990 PA 345, (hereinafter, "the Act"), states that the State may offer the Grantee an annual grant amount subject to the terms and conditions of this Agreement. Under the Act, a separate grant amount may be offered to the Grantee each year hereafter. The grants offered by the State are intended to provide survey, monumentation and remonumentation of the public land survey comers and other activities in accordance with said Act and in accordance with the Grantee's Survey, Monumentation and Remonumentation Plan (hereinafter, "County Plan") as approved by the Director of the Department of Energy, Labor and Economic Growth. The grant offered will be for the County's annual work program as approved by the State Survey and Remonumentation Grant Administrator and as set forth in the Application for a Survey and Monumentation Grant attached to and made a part of this Agreement that proposes the work for the calendar year ending December 31, 2011. When monumentation has been completed and the animal work program is limited to only perpetual monument maintenance, grant amounts in excess of the annual work program expenditures may be used to reimburse the county for expediting their program under Section 8 (6) of 1990 PA 345. The Grantor's final share of expenditures will be paid out as established in the grant application Annual Project Budget. The Grantee agrees that the state grant amount and any county contribution amount must be totally expended prior to expending any expedited funds. Alternatively, up to 50% of the state grant amount may be used to reimburse the county for past eligible expenditures to expedite the county's work prograin under Section 2567a (4) of 2002 PA 700. Reimbursement may be for eligible expenses incurred in prior years but not before January 1, 1991. The grant amount may include an increase based upon a county contribution and Category III of the state grant fointula. Counties may not receive both an increased grant amount and also repayment of expedited county funds for the same county expenditure. Funds will be made available for. the Grantee's eligible expenses during this period or eligible expenses in expediting the remonurnentation in accordance with the terms and conditions of this Agreement. 1.1. Statement of Work The Grantee agrees to undertake, perform, and complete the following. These services are more specifically described in the Grantee's Proposal, Attachment A. A. The Grantee shall submit reports and/or documents as may be specified in this agreement and other reports that may be requested by the Grant Administrator. These reports, at a minimum, shall consist of the following: . A work progress report or completion report for the grant period documenting work completed and expenditures incurred in a format prescribed by the Office of Land Survey and Remonumentation that will include: a. Work accomplished during the reporting period and the work to be completed during the subsequent reporting periods with the following supporting documentation for work completed: 1) A written narrative of the total work accomplished during the grant year, including an explanation for any additional work completed that was not specified in the approved annual work program any work not completed that was specified in the approved work program, and any changes in an approved line item of the budget. Note: Not applicable for a work progress report. 2) A copy of the recorded Land Corner Recordation Certificate (LCRC) for each corner with monumentation completed. 3) A corner marker and accessories site inspection report (if under a perpetual monument maintenance work program). 4) The Grantee's corner LCRC data submitted to the State on the web-based Remonumentation System. 5) The Grantee's corner MCS83 report for state plane coordinate work submitted as outlined in MCS 83 Data Uploads from Counties. 6) A paper copy of each Mark Recovery Report (recovery report of published control stations) entered on the I\IGS web site on the Internet. 7) A paper copy of the report for each unpublished control station. Unpublished control stations are to be reported in a format similar to the old DDPROC report. While this program does not require that each control station be blue-booked, it does require that an inventory be maintained. 8) A corner marker and accessories site inspection report (if under a perpetual monument maintenance work program). 3 2. State plane coordinate data: All surveys for establishing state plane coordinate values for public land survey corners and property-controlling corners shall conform to the County Plan and/or be performed to meet the published minimum standards and specifications of the FGCS. i. The standard deviation at 95% confidence level shall not exceed 0.125 international feet unless otherwise conforming to an approved county plan. In no case shall the relative error, expressed as a ratio, exceed 1 part in 0,000_ ii. The contracting professional surveyor responsible for the state plane coordinate work shall submit: 1) the final adjusted coordinates; 2) a print-out of the final coordinates and the least square adjustment performed to determine the MCS83 coordinate values; and 3) FGCS and/or county plan compliance certification to the Grantee along with the following redundant measurements: independent measurements shall be made, using a different equipment configuration and/or technique from that originally used, between adjacent corners to compare with the final adjusted distance from the least squares adjustment program. These independent measurements shall be performed on a randomly selected minimum of 5% of quarter corner-section corner (half mile) or section corner-section corner (full mile) distances originally mea_sured and adjusted. iii. The difference between any check measurements and the adjusted values shall not exceed 100 parts per million. iv. For projects where two or more surveyors are working in adjacent contract areas or where separate least square adjustments are made to establish state plane coordinates, the surveyors shall include in their survey all comers along the common boundary between their own contracted survey area and the adjacent contracted survey area. One set of coordinates shall be established at each corner by a contracted surveyor and the surveyor working in the adjacent area shall verify the coordinates to within the tolerances described above for each coordinate component. The standards and procedures in this paragraph shall also be followed along county lines. B. MCS83 state plane coordinates reported by the Grantee shall be submitted in the electronic format outlined in the document, MCS 83 Data Uploads from Counties and contain the following information: NOTE: Leann — same as above explanation re: coordinates. . The date of the survey and Geodetic Reference Spheroid Model (Adj Year) used in adjusting and determining state plane coordinates. The adjusted MCS-83 North coordinate value in international feet to two decimal places and the adjusted MCS-83 East coordinate value in international feet to two decimal places. a. 4 3. The positional tolerance of that corner or station expressed as the standard deviation (95% confidence level) in the North coordinate value and the East coordinate value in international feet to two decimal places. 4. The Zone as defined in Act 9 of the Public Acts of 1964 as amended by Act 154 of the Public Acts of 1988. 5. The combined grid factor for that station to be used to convert grid distances to horizontal distances. 6. The Permanent Identification Number (the published NOAAJNGS PID) for the nearest First or Second Order horizontal geodetic control station from which the state plane coordinates were determined. Unpublished control stations are to be reported in a format similar to the old DDPROC reports with a paper copy provided. The station designation (name) should be entered in the Memo field of the database rather than the PLID field for published NOS stations. 7. The contracting professional surveyor responsible for the state plane coordinate work shall certify that the coordinates have been established and deteiutined in conformance with the published FGCS standards and/or specifications of an approved county plan. The certification provided must be at least equivalent to the sample state plane coordinate certification provided by the Office of Land Survey and Remonumentation. 8. The method of survey utilized to determine coordinate values. 9. The contracting professional surveyor's name, license number, fiim name and address. 10. The mean sea level elevation of the corner and the datum used. If mean sea level elevation is not available for a corner, then ellipsoid elevations are peiluitted. 11. Kinematic methods, whether real-time kinematic or post-processed kinematic, do not currently meet any published FGCS standard or specification for geodetic work and are not eligible for reimbursement under this grant program unless in conformance with an approved county plan. 1.2 Detailed Budget A. This Aueement does not commit the State of Michigan (State) or the Department of Energy, Labor and Economic Growth (DELEG) to approve requests for additional funds at any time. B. The Grantee agrees that all funds shown in Attachment A are to be spent as detailed in Attachment A. Changes in any approved line item of the Budget less than 5% do not require prior written approval, but Grantee must provide notice to the Grant 5 Administrator at the •time the need for change occurs. Changes in a line item equal to or greater than 5% will be allowed only upon prior review and written approval by the Grant Administrator. 1.3 Payment Schedule A. The maximum amount of grant assistance offered is $326,937.00. An advance of $130,774.80 (40% of the State grant) shall be made to the Grantee upon receipt by the Grant Administrator of a signed Agreement and a request fbr advance from the Grantee. B. The Grantee's grant administrator may submit a work progress report after July 1, 2011 accompanied by copies of all invoices, the 'Survey and Rcmonumentation account printout or equivalent general ledger copies, and applicable payroll records. After receipt and approval of the work progress report by the Grant Administrator, a second payment of up to an additional 45% of the state grant amount (based upon actual expenditures) may be paid to the grantee. In counties with an approved expedited county plan, the total of the start-up payment and progress report payment is limited to 85 percent of the total approved state grant. The remaining portion of the state grant amount may be paid upon receipt and approval of the completion report. D. The Grantee's grant administrator may submit the completion report after July 1, 2011. Payment of the remaining grant balance (based upon actual expenditures) may be made after the Grant Administrator has received and approved the completion report. The final report is also contingent upon the submission of all documentation of grant fund expenditures as well as work program records reported by line item and work program category and compared to the approved Budget. 1.4 Monitoring and Reporting Program Performance A. Monitoring. The Grantee shall monitor performance to assure that time schedules are being met and projected work by time period is being accomplished. B. Monthly Reports. The Grant Administrator may request monthly performance reports that briefly present the following inforniation: 1. Percent of completion of the project objectives. This should include a brief outline of the work accomplished during the reporting period and the work to be completed during the subsequent reporting period. Brief description of problems or delays, real or anticipated, which should be brought to the attention of the Grant Administrator. 3. Statement concerning any significant deviation from previously agreed-upon Statement of Work. C. 6 C. A Final Report is required. . Grantee will submit one copy of the final report no later than February 28, 2012 for review by the Grant Administrator. 2. The final report will include the following information: a. A summary of the project implementation plan and any deviations from the original project as proposed. b. Coordinated efforts with other organizations to complete the project. e. Financial expenditures of grant money and other contributions to the project. Actual expenditures compared to the Budget in this Agreement, including narrative justification for all discrepancies. PART II - GENERAL PROVISIONS 2.1 Project Changes Grantee must obtain prior written approval for ANY major project change OR CHANGE GREATER THAN 5% OF THE A_PPROVED BUDGET FOR ANY LINE ITEM from the Grant Administrator. GRANTEE MUST PROVIDE NOTICE OF ANY CHANGE LESS THAN OR EQUAL TO 5% AT THE TIME THE NEED FOR A CHANGE OCCTIRS. 2.2 Record Retention The Grantee shall retain all financial records, supporting documents, statistical records, and all other pertinent records for a period of seven (7) years or greater as provided by law following the creation of the records or documents. 2.3 Project Income All other program income, shall either be added to the project budget and used to further eligible program objectives or deducted from the total program budget for the purpose of determining the amount of reimbursable costs. The final determination shall be made by the Grant Administrator. Share-in-savings g. 7 The Grantor expects to share in any cost savings realized by the Grantee_ Therefore, final Grantee reimbursement will be based on actual expenditures. Exceptions to this requirement must be approved in writing- by the Grant Administrator. 2.5 Order of Spending Unless otherwise required, Grantee shall expend funds in the following order: (1) private or local funds, (2) federal funds, and (3) state funds. Grantee is responsible for securing any required matching funds from sources other than the State. 2.6 EQUIPMENT WAS REMOVED. 2.6 Accounting The Grantee shall adhere to the Generally Accepted Accounting Principles and shall maintain records which will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. The Grantee's overall financial management system must ensure effective control over and accountability for all funds received. Accounting records must be supported by source documentation, including, but not limited to, copies of invoices for all services provided, Survey and Remonumentation fund printout or equivalent general ledger copies, and applicable payroll records. The expenditure of state funds shall be reported by line item and work program category and compared to the Budget. 2.7 Audit A. The Grantee agrees that the State may, upon 24-hour notice, perform an audit and/or monitoring review at Grantee's location(s) to determine if the Grantee is complying with the requirements of the Agreement. The Grantee agrees to cooperate with the State during the audit and/or monitoring review and produce all records and documentation that verifies compliance with the Agreement requirements. The Grantor may require the completion of an audit before final payment. B. If the Grantee is a governmental or non-profit organization, then Grantee is required to submit a Single Audit report to all agencies that provided federal funds to the entity during the fiscal year being audited. C. If the Grantee is a commercial Or for profit organization which is a recipient of Workforce . Investment Act Title I funds and expends more than the minimum level specified in Office of Management and Budget (OMB) Circular A-133 ($500,000 as of June 27, 2003), then the Grantee must have either an organization-wide audit conducted in accordance with A-133 or a program specific financial and compliance audit conducted. Section _320(a) of OMB Circular A-133 states the Single Audit report must be submitted to the Grantor within 30 days after the completion of the audit, but no later than 9 months after the end of the Grantee's fiscal year. 2.8 Competitive Bidding A. The Grantee agrees that all procurement transactions involving the use of state funds shall be conducted in a manner that provides maximum open and free competition. The Grantee's contractors and/or subcontractors shall be selected in compliance with Qualification-Based Selection as set forth in House Concurrent Resolution No. 206 (June 1987). B. All contracts should be negotiated to the extent that such negotiation is possible. 3.0 Liability The State is not liable for any costs incurred by the Grantee before the start date or after the end date of this Agreement Liability of the State is limited to the terms and conditions of this Agreement and the grant amount 3.1 Intellectual Property Unless otherwise required by law, all intellectual property developed using funds from this Agreement, including copyright, patent, trademark and trade secret, shall belong to the Grantee. 3.2 Safety The Grantee, all contractors, and subcontractors are responsible for insuring that all precautions are exercised at all times for the protection of persons and property. Safety provisions of all applicable laws and building and construction codes shall be observed. The Grantee, contractors, and every subcontractor are responsible for compliance with all federal, state and local laws and regulations in any manner affecting the work or performance of this Agreement and shall at all times carefully observe and comply with all rules, ordinances, and regulations. The Grantee, all contractors and subcontractors shall secure all necessary certificates and permits from municipal or other public. authorities as may be re-quired in connection with the performance or this Agreement. 3.3 Indemnification A. Inasmuch as each party to this grant is a governmental entity of the State of Michigan, each party to this grant must seek its own legal representation and bear its own costs; including judgments, in any litigation which may arise from the performance of this grant. It is specifically understood and agreed that neither party will indemnifY the other party in such litigation. B. To the extent permitted by law, the monumentation surveyor shall indemnify, defend and hold harmless the State and the Grantee from liability, including all claims and losses, and all related costs and expenses (including reasonable attorneys' fees and costs of investigation, 9 litigation, settlement, judgments, interest and penalties), accruing or resulting to any person, firm or corporation that may be injured or damaged by the monumentation surveyor in the performance of this contract and that are attributable to the negligence or tortious acts of the monurnentation surveyor or any of its subcontractors, or by anyone else for whose acts any of them may be liable. 3.4 Cancellation The State may teiiiiinate this Agreement without farther liability or penalty to the State, its departments, divisions, agencies, offices, commissions, officers, agents and employees for any of the following reasons: A. Termination for Cause In the event that Grantee breaches any of its material duties or obligations under this Agreement or poses a serious and imminent threat to the health and safety of any person, or the imminent loss, damage or destruction of any real or tangible personal property, the State may terminate this Agreement immediately in whole or in part, for cause, as of the date specified in the notice of termination. B. Termination for Convenience The State may terminate this Agreement for its convenience, in whole or part, if the State determines that such a termination is in the State's best interest. Reasons for such termination shall be left to the sole discretion of the State and may include, but not necessarily be limited to (a) the State no longer needs the Services or products specified in the Agreement, (b) relocation of office, program changes, changes in laws, rules, or regulations make implementation of the services no longer practical or feasible. The State may terminate this Agreement for its convenience, in whole or in part, by giving Grantee written notice at least thirty (30) days prior to the date of termination. If the State chooses to terminate this Agreement in part, the Budget shall be equitably adjusted to reflect those reductions. C. Non-Appropriation Grantee acknowledges that continuation of this Agreement is subject to appropriation or availability of funds for this Agreement. If funds to enable the State to effect continued payment under this Agreement are not appropriated or otherwise made available (including the federal government suspending or halting the program or issuing directives preventing the State from continuing the program), the State shall have the right to terminate this A.greement, in whole or in part, at the end of the last period for which funds have been appropriated or otherwise made available by giving written notice of termination to Grantee. The State shall give Grantee at least 30 days advance written notice of termination for non- appropriation or unavailability (or such time as is available if the State receives notice of the 10 final decision less than 30 days before the funding cutoff). In the event of a termination under this section, the Grantee shall, unless otherwise directed by the State in writing, immediately take all reasonable steps to terminate its operations and to avoid and/or minimize further expenditures under the Agreement. D. Criminal Conviction The State may terminate this Agreement immediately and without further liability or penalty in the event Grantee, an officer of Grantee, or an owner of a 25% or greater share of Grantee is convicted of a criminal offense incident to the application for, or performance of, a State, public or private contract or subcontract or grant; convicted of a criminal offense, including any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the _ethical conduct standards for State of Michigan employees; convicted under State or federal antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the State reflects upon Grantee's business integrity. E. Approvals Rescinded The State may terminate this Agreement without further liability or penalty in the event any final administrative or judicial decision or adjudication disapproves a previously approved request for purchase of personal services pursuant to Constitution 1963, Article 11, § 5, and Civil Service Rule 7-1. Termination may be in whole or in part and may be immediate as of the date of the written notice to Grantee or may be effective as of the date stated in such written notice. 3.5 No State Employees or Legislators No member of the Legislature or Judiciary of the State of Michigan or any individual employed by the State shall be permitted to share in this Agreement, or any benefit that arises from this Agreement. 3.6 Non-Discrimination In the perfoimance of the Agreement, Grantee agrees not to discriminate against any employee or applicant for employment, with respect to his or her hire, tenure, teims, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, .ancestry, age, sex, height, weight, marital status, physical or mental disability. Grantee further agrees that every subcontract entered into for the performance of this Agreement will contain a provision requiring non-discrimination in employment, as here specified, binding upon each subcontractor. This covenant is required pursuant to the Elliott Larsen Civil Rights Act, 1976 PA 453, IvICL 37.2101, et seq. and the Persons with Disabilities Civil Rights Act, 1976 PA 220, IV1CL 37.1101, et seq., and any breach of this provision may be regarded as a material breach of the Agreement. 11 3.7 Unfair Labor Practices Pursuant to 1980 PA 278, MCL 423.231, et seq., the State shall not award a grant or subcontract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to section 2 of the Act. This information is compiled by the United States National Labor Relations Board. A Grantee, in relation to the Agreement, shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Pursuant to section 4 of 1980 PA 278, MCL 423.324, the State may void any Agreement if, subsequent to award of the Agreement, the name of Grantor as an employer or the name of the subcontractor, manufacturer or supplier of Grantor appears in the register. 3.8 Certification Regarding Debarment The Grantee certifies, by signature to this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any federal or State department or agency. If the Grantee is linable to certify to any portion of this statement, the Grantee shall attach an explanation to this Agreement. 3.9 Illegal Influence A. The Grantee certifies, to the best of his or her knowledge and belief that: No federal appropriated funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this grant, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Grantee shall require that the language of this certification be included in the award documents for all grants or subcontracts and that all subrecipients shall certify and disclose accordingly. 12 The State has relied upon this certification as a material representation. Submission of this certification is a prerequisite for entering into this Agreement imposed by 31 USC § 1352, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 13. The Grantee certifies, to the best of his or her •knowledge and belief that no state funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing , or attempting to influence an officer or employee of any State agency, a member of the Leaislature, or an employee of a member of the Legislature in connection with the awarding of any state contract, the making of any state grant, the making of any state loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state contract, gaunt, loan or cooperative agreement. 4.0 Governing Law The Agreement shall in all respects be governed by, and construed in accordance with, the substantive laws of the State of Michigan without regard to any Michigan choice of law rules that woUld apply the substantive law of any other jurisdiction to the extent not inconsistent with, or pre-empted by federal law: 4.1 Compliance with Laws Grantee shall comply with all applicable state, federal, and local laws and ordinances ("Applicable Laws") in performing this Agreement. 4.2 Jurisdiction Any dispute arising from the Agreement shall be resolved in the State of Michigan. With respect to any claim between the parties, Grantee consents to venue in Ingham County, Michigan, and irrevocably waives any .objections it may have to such jurisdiction on the grounds of lack of personal jurisdiction of such court or the laying of venue of such court or on the basis of forum non conveniens or otherwise. Contractor agrees to appoint agents in the State of Michigan to receive service of process. 13 4_3 Assignment Grantee shall not have the right to assign the Agreement, or to assign or delegate any of its duties or obligations under the Agreement, to any other party (whether by operation of law or otherwise), without the prior written consent of the Grantor, Any purported assignment in violation of this section shall be null and void, 4.4 Entire Agreement The Agreement, including any Attachments, constitutes the entire agreement between the parties with respect to the grant and supersedes all prior agreements, whether written or oral, with respect to such subject matter. 4.5 Independent Contractor Relationship The relationship between the State and Grantee is that of client and independent contractor. No agent, employee, or servant of Grantee or any of its subcontractors shall be or shall be deemed to be an employee, agent or servant of the State for any reason. Grantee will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of the Agreement. 4.6 Conflicts In the event of a conflict between the terms of this Agreement and any federal or state laws or regulations, the federal or state laws or regulations will supersede any contrary term contained in this Agreement. 14 ruls iger, Det}altment of Eny4 State of Michigan CTOT Labor and Economic Growth Date 4.7 Signatories The foregoing Grant Offer is hereby accepted, and it is agreed that the funds made available will be used only as set forth in the Grantee's approved County Plan and the approved Survey and Monumentation Grant Application, including the 2011 annual work program. The signatories warrant that they are empowered to enter into this Agreement and agree to be bound by it. Bill Bullard, Jr. County Grant Administrator County of Oakland GRANT NO. BCC 11-63 15 Department of Energy, Labor & Economic Growth Bureau of Construction Codes Office of Land Survey and Remonumentation REQUEST FOR PAYMENT 40% ADVANCE 2011 SURVEY & REMONUMENTATION GRANT DATE: ill 4t1--Z__14 g O-61 TO: Keith E. Lambert, P.S., Director Office of Land Survey and Remonumentation 6546 Mercantile Way, P.O. Box 30704 Lansing, MI 48909 Pursuant to Section I.C.1 of the 2011 Survey and Remonumentation Grant Agreement, an advance of 40 percent of the State grant amount may be made. Please authorize the advance of 40 percent of the 2011 grant to Oakland County at your earliest convenience. Sincerely, fi /7 n (-)/7 06 [1-Y--e---64-- County Grant Administrator Oakland County .Approved, Director Office of Land Survey ::Remora mentation: Grantee Address for Payments: Name: Oakland County Treasurers Address: 1200 N. Telegraph Rd. City, State, Zip: Pontiac MI. 48341 Item 1 2011 State Grant item 2 Local Contributions Item 3 Expedited Amount Item 4 Reimbursement for Expedited Expenditures f5. 50% of Item 1) $326,937.00 $0.00 $0.00 $100,000.00 3226,937,00 Signature Date Grant -Administrator (must be Original) Department of Energy, Labor & Economic Growth Bureau of Construction Codes Office of Land Survey and Remonumentation 6546 Mercantile Way, P.O. Box 30704 Lansing, Ml 48909 Telephone: 517-241-6321 Facsimile: 517-241-6301 E-mail: bccoisr@michigan.gov www.michigan.govfbcc 2011 SURVEY AND REMONUIVIENTATION GRANT APPLICATION APPLICANT (County): Oakland EDERAL I.D. #: 386004876 Grant #: BCC-11- Mail Code: Application Received: Reviewed by Analyst: (MUST BE RECEIVED no later than 12-31-101 County Grant Administrator: Name: Ruth Johnson Address: 1200 N Telegraph Rd. City, State, Zip: Pontiac MI. 48341 Telephone: 248-858-1447 Fax 248-858-7466 E-Mail: crankrPoakeov.com 1County Representative/Surveyor: ( Name: Joseph C. Kapelczak Address: 1200 N. Telegraph Rd. City, State, Zip: Pontiac MI. 48341 Telephone: 248-939-2049 Fax: 248-363-1646 E-Mail: crankr@oakgov.com • Date 1.. . 2011 GrantRequested . . If Expedited Amount is included, County must ,have an approved Expedited County Plan. Item 5 2011 Total Annual Project Budget (1 + 2 +3 4 = 5) I certify the information in this grant application is correct to the best of my knowledge, and the county has the capability to perform the work specified through one or more licensed professional surveyors. County of: BCC-980 (Rev. 12/10) Page 2 of 5 Costper Corner !MOT Corners e- .? egaea County of: Item A - RESEARCH/MONUMENTATION (CONTRACTUAL SURVEY SERVICES) NOTE: THE TOTAL OF ALL CONTRACTUAL SERVICES (ITEMS A, B, AND C) % OF THE TOTAL GRANT SHALL BE DEDICATED TO CONTRACTUAL SURVEY SERVICES Column A Number of Number of New Physical Physical Prior Year Corners Carry-Over Corners Column C Number of Common Corners Column D Number of Physical Walk-in Corners to be Completed by Others Column E = (A+B+D) TOTAL PHYSICAL CORNERS TO BE COMPLETED Column F PERCENTAGE OF TOTAL BUDGET Column G TOTAL RESEARCHNONUMENTATION EXPENDITURES Column B 29 1 0 1 0 I 0 I 29 I 57% 1 $ 127,462_00 Itemize ALL PLSS corners by corner code, town and range. Provide rationale for any unusual situation anticipated, and attach additional pages as necessary. Column A Corner List Estimated Cost Per Column A Corner: $ 4395.00 Column B Corner List: Estimated Cost Per Column B Corner: $ Column C Corner List (typically incur no cost. If costs are incurred, please itemize and provide rationale): Column D Corner List: Number Walk-in Corners DNR Corners liSFS Corners County Road Commission Corners County Drain Commission Corners Replaced Due to Construction BCC-980 (Rev. 12/10) Page 3 of 5 ea = $ ea = $ x $ x $ TOTAL PERCENTAGE OF MONLINIENTATION TOTAL BUDGET SUPPLY EXPENDITURES 0% 0.00 mousaasramesnameastag PERCENTAGE OF TOTAL BUDGET TOTAL PEER GROUP EXPENDITURES 2% $ 5,625.00 TOTAL ITEM A (Research/Monumentation + Monurnentation Supplies 4- Peer Group) Item B - COORDINATES TO BE ESTABLISHED FOR PLSS CORNERS (CONTRACTUAL SURVEY SERVICES) PERCENTAGE OF TOTAL BUDGET TOTAL COORDINATE EXPENDITURES Number of Coordinates to be Set 26% $ 59,850.00 133 59% 133,087.00 TOTAL RECOVERY EXPENDITURES $ 0.00 $ 192,937.00 1 PERCENTAGE OF TOTAL BUDGET CI% 85% County of: Monumentation Supplies: Number of Markers: , Number of Caps : Provide Description of Standard County Marker/Caps used (include multiple markers if applicable): Peer Group: Estimated Number of members: 5 @ $ 125.00 ea = $ 625.00 imated Number of meetings: 9 @ $ 625.00 ea = $ 5,625.00 Itemize each corner, town and range, and describe/provide rationale for any unusual situation anticipated. Attach additional pages as necessary. Estimated Cost per Coordinate: $ 450.00 Item C — NGS CONTROL STATION RECOVERY (CONTRACTUAL SURVEY SERVICES) Number of Stations and MD Number Listing 0.00 TOTAL CONTRACTUAL SURVEY SERVICES (Item A + Item B + Item C) Cost per Recovery 3CC-980 (Rev. 12/10) Page 4 of 5 TOTAL ADMINISTRATIVE EXPENDITURES PERCENTAGE OF TOTAL BUDGET $ 22,000.00 TOTAL STAFF EXPENDITURES $ 34,000.00 Additional Staff (Delegated duties) Ronald .1 Crank Jr. (Administrative Costs) $ 12,000.00 Administration Supplies/Indirect Costs: PERCENTAGE OF TOTAL BUDGET TOTAL SUPPUES EXPENDITURES 15% 0.00 TOTAL ADMINISTRATION EXPENDITURES 1 15% $ 34,000.00 TOTAL ANNUAL BUDGET (Sum of all "Total Annual Budget" amounts in far right column): Total Must Equal Item 5, Page 1 Research/IVIonumentation Mon umentation Supplies Peer Group Coordinates to be Established NGS Stations to be Recovered Administration $ 127,462.00 $ 0.00 $ 5,625.00 $ 59,850.00 $ 0.00 $ 34,000.00 226,937.00 , .LEG is an equal opportunity employerlprogram. Auxiliary aids, servi nd other reasonable accommodations are available upon request to individuals with disabilities. BCC-980 (Rev. 12/10) Page 5 of 5 County of: Item D — ADMINISTRATION NOTE: ITEM D 15% OF THE TOTAL GRANT MAY BE ALLOWED FOR ADMINISTRATION Identify by name and estimate number of hours, rate of pay/fringe benefits/contract amount, and description of duties (excluding the Grant Administrator and County Representative/Surveyor) for the following. Attach additional pages as necessary. Grant Administrator (Includes all duties as defined by County Plan) County Representative/Surveyor (Includes all duties as defined by County Plan) Joseph Kapelczak P.S Administrator Department of Energy, Labor & Economic Growth Bureau of Construction Codes Office of Land Survey and Remonumentation REQUEST FOR PAYMENT 40% ADVANCE 2011 SURVEY & REMONUMENTATION GRANT DATE: TO: Keith E. Lambert, P.S., Director Office of Land Survey and Remonumentation 6546 Mercantile Way, P.O. Box 30704 Lansing, MI 48909 Pursuant to Section I.C.1 of the 2011 Survey and Remonirmentation Grant Agreement, an advance of 40 percent of the State grant amount may be made. Please authorize the advance of 40 percent of the 2011 grant to Oakland County at your earliest convenience. Sincerely, 0 44111,1:a County 2011 Closir ers and Corner Corrections Grant Year 2011 Lyon Two. TIN; R7E Oakland County MI. A-03, A-05, A-07, A-li C-01, E-01, G-01, I-01 Brandon Two. T5N; R9E Oakland County ML C-1, G-1 Milford Two. T2N; R7E Oakland County ML A-07, A-09, A-11 C-01, G-01 Hiztiland Two. T3N: R7E. Oakland County MI. A-3, A-05, A-09, A-11 Holly Two. T5N; R7E Oakland County iVIL E-1, G-1, K-1 Rose Twp. T4N; R7E. Oakland County MI. A-3, A-5, A-9, A-11 C-1, E-1, K-1 Total 8 Corners Total 2 Corners Total 5 Corners Total 4 Corners Total 3 Corners Total 7 Corners Total Corners for 2010 Total 29 Corners Corners to have GPS COR's Data established in the Grant Year 2011 Farminzton Twp. TIN; R9E. Oakland County ML A-02, A-03, A-04, A-06 A-07, A-08, A-09, A-10, A-1 I B-01, B-03, B-05, B-07 B-09, B-11, B-13 C-01 thrti C-I3 D-03, 05, 07, 09, 11, 13 E-01 thru E-I3 F-01, F-03, 05, 07, 09, 11,13 G-0i thru G-13 H-0/, 11-03, 05, 07, 09, /I, 13 I-01 thru 1-13 J-03, 05, 07, 9, 11,13 K-01 thru K-13 L-01, L-03, 05, 07, 9, 11, 13 M-02 tb_ru. M-13 Southfield Twp. TIN; RI OE, Oakland County Mt A-02, A-03, A-04, A-05, A-06 B-03, B-05 9 7 13 6 13 7 13 7 13 6 13 7 12 Total 126 Corners 5 2 Total 7 Corners Total GPS Cors for 2010 Total 133 Corn FISCAL NOTE (MISC . #1,1210) September 22, 2011 BY: Finance Committee, Torn Middleton, Chairperson IN RE: CLERK/REGISTER OF DEEDS — CALENDAR YEAR 2011 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Michigan Department of Labor and Economic Growth has awarded the Oakland County Clerk/Register of Deeds on-going funding in the amount of $326,937 for the Remonumentation program, with no County match required. 2. Of the total grant award, $226,937 will fund current program costs and $100,000 is reimbursement for expedited expenditures. 3. The grant funding period is January 1, 2011 through December 31, 2011. 4. The grant will partially reimburse one (1) existing full-time eligible GF/GP Plat & Boundary Review Specialist, position #09329. 5. In 2010, the Clerk/Register of Deeds received a grant award of $325,381. 6. A budget amendment is recommended for Fiscal Year 2011 and the FY 2012— FY 2014 Finance Committee Recommended Special Revenue Budgets to reflect the new grant award as follows: CLERK SURVEY REMONUMENTATION FUND #29220 Grant #0000000345. Activity A, Analysis Type GLB Revenues 2010401-172180-615571 Grant-State Total Special Revenue Fund Revenues Expenses 2010401-172180-702010 Salaries 2010401-172180-722740 Fringe Benefits 2010401-172180-730709 Fees-Per Diem 2010401-172180-740128 Remonumentation 2010401-172180-778675 IT/Phone Total Special Revenue Fund Expenses Adopted Change Amended $325,381 $1,556 $326,937 $325,381 $1,556 $326,937 $ 7,659 ($ 0) $ 7,659 4,341 ( 0) 4,341 5,000 625 5,625 306,650 2,662 309,312 1,731 (1,731) 0 $325,381 $1,556 $326,937 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Long, Crawford, Potts and Greimel absent. Resolution #11210 September 22, 2011 Moved by Nuccio supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). Nei WOE TNE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 22, 2011, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 22 nd day of September, 2011. R,L_LE ,Q4 Bill Bullard Jr., Oakland County