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HomeMy WebLinkAboutResolutions - 2011.09.22 - 18730ONINCa,AND BUILDI PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Runestad absent. OMMITTEE MISCELLANEOUS RESOLUTION #11213 September 22, 2011 BY: Planning and Building Committee, David W. Potts, Chairperson IN RE: PARKS AND RECREATION COMMISSION — APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT PROJECT AGREEMENT NO. TF07-030 ADDISON OAKS TRAIL CONNECTOR To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Michigan Department of Natural Resources has offered a Trust Fund Grant in the amount of $228,800 to provide partial funding for the development of a connector trail in Addison Township; and WHEREAS, there is a required local County match of $291,200, which is available in the Oakland County Parks and Recreation Fund; and WHEREAS, the Oakland County Parks and Recreation Commission on July 6, 2011, supported the approval and acceptance of said Grant; and WHEREAS, the Development of the Addison Oaks Trail Connector meets the goals and objectives of the Oakland County Recreation Master Plan adopted March 8, 2007; and WHEREAS, the Grant Project Agreement has been approved by the County Executive Contract Review Process and Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby accept the terms and conditions of the attached Michigan Department of Natural Resources Land Trust Fund Development Project Agreement No. TF07-030 and that the County of Oakland does hereby specifically agree, as follows: 1. To appropriate matching funds in the amount of Two Hundred Ninety-One Thousand and Two Hundred ($291,200) dollars and to complete the project during the project period pursuant to the terms and conditions of the grant authorized by the Michigan Department of Natural Resources (MDNR). 2. To maintain satisfactory financial accounts, documents, and records and to make them available to the MDNR for auditing at reasonable times. 3. To regulate the use of the property acquired and reserved under this Agreement to assure the use thereof by the public on equal and reasonable terms. 4. To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Michigan Department of Natural Resources Land Trust Fund Development Project Agreement No. TF07-030 and all other related documents between the County of Oakland and the Michigan Department of Natural Resources, which may be required. BE IT FURTHER RESOLVED that future levels of funding, including personnel, will be contingent upon levels of State funding available for this program. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. .39111610MONISSISMEN Jon isn eS. From: Sent: To: Cc: Subject: Attachments: Piir, Gaia <piirg@oakgov.com > Friday, September 02, 2011 5:21 PM 'Folland, Donna'; 'Noyes, Jon; Jeff Phelps 'Stencil, Dan' GRANT REVIEW SIGN OFF - Parks & Recreation - 2007 TF07-030 Addison Oaks Trail Connector - Grant Agreement Grant Sign Off pkg.pdf GRANT REVIEW SIGN OFF — Parks & Recreation GRANT NAME: 2007 TF07-030 Addison Oaks Trail Connector FUNDING AGENCY: Michigan Natural Resources Trust Fund (MNRTF) Development Grant—Michigan Department of Natural Resources (DNR) DEPARTMENT CONTACT PERSON: Donna Folland (248) 736-1649 STATUS: Grant Acceptance DATE: September 2, 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 agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant 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 (6/20/2011) Department of Human Resources: Approved. — Karen Jones (6/20/2011) • Risk Management and Safety: Approved contingent upon State approval of language changes and addendum to the MI Natural Resources Trust Fund — Development Project Agreement: (Please Note: This agreement was originally sent to review in January, 2009. Corporation Counsel is finalizing necessary language change in the agreement.) — Andrea Plotkowski (6/27/2011) Corporation Counsel: On June 30, 2011, I sent an email indicating that I could not approve the above —referenced grant agreement due to two legal issues and one risk management issue. Andrea Plotkowski and I have attempted to resolve these issues for approximately 2 years. We exchanged numerous e- mails, had numerous telephone conversations, and we even went to Lansing to meeting with the Grants Management Division of the Michigan Department of Natural Resources (MDNR) in February 2011. After our meeting in February, I prepared an addendum to the grant agreement and sent it to the MDNR to review issue. Based on the feedback we received at the meeting, I was hopeful that the MDNR would have accepted our addendum. Andrea also provided with MDNR with many addenda that other state departments executed to address similar issues. On August 19, 2011, the MDNR, via e-mail, rejected all attempts to amend any grant agreement language. I attempted a "last" effort on August 24, 2011 via e-mail to resolve the issues. I received a call on September 1, 2011 from the MDNR stating that the grant agreement language would not be changed. Thus, as written, I cannot approve the above-referenced grant agreement. I will review the two legal issues below, because I do not see that the issues pose a significant legal threat for the County. First, paragraph 25 of the grant agreement provides that the County will "defend any suit brought against either party [the State or the County] which involves, title, ownership or any other rights, whether specific or general rights, including appurtenant riparian rights, to and in the project area of any lands connected with or affected by this project." This paragraph does not require the County to indemnify the state, but just to defend the state. Also, this paragraph seems cover only rights regarding real property and this grant agreement does not involve acquisition of real property, but the installation of boardwalks. Finally, if the state was sued and the county would have to defend them, I do not see any liability on the State's part. The State is just providing the County with grant monies from the Michigan Natural Resources Trust Fund. The Fund is created by the Michigan Constitution. Second, the second sentence of paragraph 26 of the grant agreement provides that therCounty "is responsible for the safety of all individuals who are invitees or licensees of the premises." I wanted this sentence deleted, because I was concerned that it could be consumed as a waiver of governmental immunity. Because the MDNR is not willing to make the changes to the above-referenced paragraphs, Parks and the Board of Commissioners will have to make the final call on whether to accept and execute the grant agreement. Please contact me if you have any questions. I can also be available to answer questions from the Commissioners —Jody S. Hall (9/2/2011) COMPLIANCE The grant agreement references a number of specific federal and/or state regulations. Please refer to the grant documents for specifically cited compliance requirements for this grant. a ' ' f Gala V. Piir Grants Compliance and Programs Coordinator Oakland County Fiscal Services Division Phone (248) 858-1037 Fax (248) 858-9724 piirgeoakgov.com Incidental Expenditure Engineering Site Preparation Total: Cost Estimate $10,000 $10,000 $20,000 Development Project incidental Expenditure Gravel Path Construction Boardwalk Construction Total Project Costs: Cost Estimate $20,000 $150,000 $350,000 $500,000 MNRTF Grant Funds (44%): Local Match (56%_): $228,800 I $291,200 2007 MNRTF Development Grant Addison Oaks Trail Connector Talking Points Trail Connector • 1.7 Mile Trail • Through Addison Oaks Park and along Romeo Road • 8' gravel path with mowed edges • 1400' of boardwalk to cross isolated wetlands • Non-motorized multi-purpose trail • Will accommodate bikers, hikers and equestrians • Will provide access to Bald Mountain (via Lake George Road) • Will provide access to the Oakland Township Cranberry Lake Preserve • Will provide access to the trail corridor that extends between the Cranberry Lake Preserve and Stony Creek Metropark (recent recipient of a 2 million dollar trust fund grant) Justification of Request for Approval • Promotes trail connectivity and OCPR support of the trail network Oak Routes • Provided additional recreational opportunities for park guests and the local community -• Approved by Parks Commission Michigan Department of Natural Resources - Grants Management MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT Project Number: TF07-030 Project Title: Addison Oaks Trail Connector This Agreement is between the Michigan Department of Natural Resources for and on behalf of the State of Michigan ("DEPARTMENT") and the COUNTY OF OAKLAND ("GRANTEE"). The DEPARTMENT has authority to issue grants to local units of government for the development of public outdoor recreation facilities under Part 19 of the Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended. The GRANTEE has been approved by the Michigan Natural Resources Trust Fund (MNRTF) Board of Trustees (BOARD) to receive a grant. In PA 278 of 2008, the Legislature appropriated funds from the MNRTF to the DEPARTMENT for a grant-in-aid to the GRANTEE. As a precondition to the effectiveness of the Agreement, the GRANTEE is required to sign the Agreement and return it to the DEPARTMENT with the necessary attachments by Oecember 31, 2008. 1. The legal description of the project area (APPENDIX A); boundary map of the project area (APPENDIX B); and Recreation Grant application bearing the number TF07-030 (APPENDIX C) are by this reference made part of this Agreement. The Agreement together with the referenced appendices constitute the entire Agreement between the parties and may be modified only in writing and executed in the same manner as the Agreement is executed. 2. The time period allowed for project completion is October 1, 2008 through September 30, 2010, hereinafter referred to as the "project period." Requests by the GRANTEE to extend the project period shall be made in writing before the expiration of the project period. Extensions to the project period are at the discretion of the DEPARTMENT. The project period may be extended only by an amendment to this Agreement. 3. This Agreement shall be administered on behalf of the DEPARTMENT through its Grants Management. a. All reports, documents, or actions required of the GRANTEE shall be submitted to the: MICHIGAN NATURAL RESOURCES TRUST FUND GRANTS MANAGEMENT MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30425 LANSING MI 48909-7925 1 of 15 PR1920 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT b. The GRANTEE'S representative for this project is: Name: Tit e. , Mailng Address: Phone Fax Ntinnber: . Address:. _ c. All notices, reports, requests or other communications from the DEPARTMENT to the GRANTEE shall be sufficiently given when mailed and addressed as indicated above. The DEPARTMENT and the GRANTEE may by written notice designate a different address to which subsequent notices, reports, requests, or other communications shall be sent. d. The GRANTEE certifies to the DEPARTMENT that the person listed as the GRANTEE'S representative is officially empowered to act on behalf of the GRANTEE. Further, the GRANTEE certifies that the person listed as their representative does not now or will not in the future have any FINANCIAL INTEREST, HOLDINGS IN A BUSINESS OR ENTITY or PERSONAL INTEREST, including their immediate family, in the property that is the subject of this grant. 4. The words "project area" shall mean the land and area described in the attached legal description (APPENDIX A) and shown on the attached boundary map (APPENDIX B). . The words "project facilities" shall mean the following individual components, as further described in APPENDIX C: Trnil Boardwalk Site Preparations 6. The DEPARTMENT agrees as follows: a. To grant to the GRANTEE a sum of money equal to Forty-Four (44%) percent of Five Hundred Twenty Thousand ($520,000.00) dollars, which is the total eligible cost of construction of the project facilities including engineering costs, but in any event not to exceed Two Hundred Twenty- Eight Thousand Eight Hundred ($228,800.00) dollars. b. To grant these funds in the form of reimbursements to the GRANTEE for eligible costs and expenses incurred as follows: 2 of 15 PR1920 (Rev, 0711712006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT i. Payments will be made on a reimbursement basis at Forty-Four (44%) percent of the eligible expenses incurred by the GRANTEE up to 90% of the maximum reimbursement allowable under the grant. ii. Reimbursement will be made only upon DEPARTMENT review and approval of a complete reimbursement request submitted by the GRANTEE on a form provided by the DEPARTMENT which includes an expenditure fist supported by documentation as required by the DEPARTMENT, including but not limited to copies of invoices, cancelled checks, and/or list of force account time and attendance records. iii. The DEPARTMENT shall conduct an audit of the project's financial records upon approval of the final reimbursement request by DEPARTMENT engineering staff. The DEPARTMENT may issue an audit report with no deductions or may find some costs ineligible for reimbursement. iv. Final payment will be released upon completion of a satisfactory audit by the DEPARTMENT and documentation that the GRANTEE has erected a MNRTF plaque in compliance with Section 7(k) of this Agreement. 7. The GRANTEE agrees as follows: a. To immediately make available all funds needed to incur all necessary costs required to complete the project and to provide Two Hundred Ninety-One Thousand Two Hundred ($291,200.00) dollars in local match. This sum represents Fifty-Six (66%) percent of the total eligible cost of construction including engineering costs. Any cost overruns incurred to complete the project facilities called for by this Agreement shall be the sole responsibility of the GRANTEE. b. With the exception of engineering costs as provided for in Section 8, to incur no costs toward completion of the project facilities before execution of this Agreement and before written DEPARTMENT approval of plans, specifications and bid documents. c. To complete construction of the project facilities to the satisfaction of the DEPARTMENT and to comply with the development project procedures set forth by the DEPARTMENT in completion of the project, including but not limited to the following: i. Retain the services of a professional architect, landscape architect, or engineer, registered in the State of Michigan to serve as the GRANTEE'S Prime Professional. The Prime Professional shall prepare the plans, specifications and bid documents for the project and oversee project construction. ii. Within 180 days following execution of this Agreement by the GRANTEE and the DEPARTMENT and before soliciting bids or quotes or incurring costs other than costs associated with the 3 of 15 PR1920 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT development of plans, specifications, or bid documents, provide the DEPARTMENT with plans, specifications, and bid documents for the project facilities, sealed by the GRANTEE'S Prime Professional. iii. Upon written DEPARTMENT approval of plans, specifications and bid documents, openly advertise and seek written bids for contracts for purchases or services with a value equal to or greater than $25,000 and accept the lowest qualified bid as determined by the GRANTEE'S Prime Professional. iv. Upon written DEPARTMENT approval of plans, specifications and bid documents, solicit three (3) written quotes for contracts for purchases or services between $1,000 and $25,000 and accept the lowest qualified bid as determined by the GRANTEE'S Prime Professional. v. Maintain detailed written records of the contracting processes used and to submit these records to the DEPARTMENT upon request. vi. Complete construction to all applicable local, state and federal codes, as amended; including the federal Americans with Disabilities Act (ADA) of 1990, as amended; the Persons with Disabilities Civil Rights Act, Act 220 of 1976, as amended; the Playground Equipment Safety Act, PA. 16 of 1997, as amended; and the Utilization of Public Facilities by Physically Limited Act, P.A. 1 of 1966, as amended; the Elliott-Larsen Civil Rights Acts, Act 453 of 1976, as amended. vii. Correct any deficiencies discovered at the final inspection within 90 days of written notification by the DEPARTMENT. These corrections shall be made at the GRANTEE'S expense and are eligible for reimbursement at the discretion of the DEPARTMENT and only to the degree that the GRANTEE'S prior expenditures made toward completion of the project are less than the grant amount allowed under this Agreement. - d. To operate the project facilities for a minimum of their useful life as determined by the DEPARTMENT, to regulate the use thereof to the satisfaction of the DEPARTMENT, and to appropriate such monies and/or provide such services as shall be necessary to provide such adequate maintenance. e. To provide to the DEPARTMENT for approval, a complete tariff schedule containing all charges to be assessed against the public utilizing the project area and/or any of the facilities constructed thereon, and to provide to the DEPARTMENT for approval, all amendments thereto before the effective date of such amendments. Preferential membership or annual permit systems are prohibited on grant assisted sites, except to the extent that difference in admission and other fees may be instituted on the basis of residence. Nonresident fees shall not exceed twice that charged residents. If no resident fees are charged, nonresident fees may not exceed the rate charged residents at other comparable state and local public recreation facilities. 4 of 15 PR1920 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT f. To adopt such ordinances and/or resolutions as shall be required to effectuate the provisions of this Agreement; certified copies of all such ordinances and/or resolutions adopted for such purposes shall be forwarded to the DEPARTMENT before the effective date thereof. To separately account for any revenues received from the project area which exceed the demonstrated operating costs and to reserve such surplus revenues for the future maintenance and/or expansion of the GRANTEE'S park and outdoor recreation program. h. To furnish the DEPARTMENT, upon request, detailed statements covering the annual operation of the project area and/or project facilities, including income and expenses and such other information the DEPARTMENT might reasonably require. i. To maintain the premises in such condition as to comply with all federal, state, and local laws which may be applicable and to make any and all payments required for all taxes, fees, or assessments legally imposed against the project area. To agree that the project area, where the Trust Fund has assisted in the development of the project, will not be named in honor of a person either living or deceased. k. To erect and maintain a plaque on the park entry sign of the property which designates this project as one having been constructed with the assistance of the MNRTF. The size, color, and design of this plaque shall be in accordance with DEPARTMENT specifications. 8. Only eligible costs and expenses incurred toward completion of the project facilities after execution of the Project Agreement shall be considered for reimbursement under the terms of this Agreement. Eligible engineering costs incurred toward completion of the project facilities in the six months preceding the project period are also eligible for reimbursement. Any costs and expenses incurred after the project period shall be the sole responsibility of the GRANTEE. 9. To be eligible for reimbursement, the GRANTEE shall comply with the DEPARTMENT requirements. At a minimum, the GRANTEE shall: a. Submit a written progress report every 180 days during the project period. b. Submit complete requests for partial reimbursement when the GRANTEE is eligible to request at least 25 percent of the grant amount and construction contracts have been executed or construction by force account labor has begun. c. Submit a complete request for final reimbursement within 90 days of project completion and no later than December 31, 2010. If the GRANTEE fails to submit a complete final request for reimbursement by December 31, 2010, the DEPARTMENT may audit the project costs and expenses and make final payment based on documentation on file as of that date or may 9. J. 5 of 15 PR1920 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT terminate this Agreement and require full repayment of grant funds by the GRANTEE. 10. During the project period, the GRANTEE shall obtain prior written authorization from the DEPARTMENT before adding, deleting or making a significant change to any of the project facilities as proposed. Approval of changes is solely at the discretion of the DEPARTMENT. Furthermore, following project completion, the GRANTEE shall obtain prior written authorization from the DEPARTMENT before implementing a change that significantly alters the project facilities as constructed and/or the project area, including but not limited to discontinuing use of a project facility or making a significant change in the recreational use of the project area. Changes approved by the DEPARTMENT pursuant to this Section may also require prior approval of the BOARD, as determined by the DEPARTMENT. 11. All project facilities constructed or purchased by the GRANTEE under this Agreement shall be placed and used at the project area and solely for the purposes specified in APPENDIX C and this Agreement. 12. The project area and all facilities provided thereon and the land and water access ways to the project facilities shall be open to the general public at all times on equal and reasonable terms. No individual shall be denied ingress or egress thereto or the use thereof on the basis of sex, race, color, religion, national origin, residence, age, height, weight, familial status, marital status, or disability. 13. Unless an exemption has been authorized by the DEPARTMENT pursuant to this Section, the GRANTEE hereby represents that it possesses fee simple title, free of all liens and encumbrances, to the project area. The fee simple title acquired shall not be subject to: 1) any possibility of reverter or right of entry for condition broken or any other executory limitation which may result in defeasance of title or 2) to any reservations or prior conveyance of coal, oil, gas, sand, gravel or other mineral interests. For any portion of the project area that the GRANTEE does not possess in fee simple title, the GRANTEE hereby represents that it has: a. Received a written exemption from the DEPARTMENT before the execution of this Agreement, and b. Received prior written approval from the DEPARTMENT of a lease and/or easement for the property not held in fee simple title as indicated in written correspondence from the DEPARTMENT dated , and c. Supplied the DEPARTMENT with an executed copy of the approved lease or easement, and d. Confirmed through appropriate legal review that the terms of the lease or easement are consistent with GRANTEE'S obligations under this Agreement and will not hinder the GRANTEE'S ability to comply with all requirements of this Agreement. In no case shall the lease or easement tenure be less than 20 years from the date of execution of this Agreement. 6 of 15 PR1920 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT 14. The GRANTEE shall not allow any encumbrance, lien, security interest, mortgage or any evidence of indebtedness to attach to or be perfected against the project area or project facilities included in this Agreement. 15. None of the project area, nor any of the project facilities constructed under this Agreement, shall be wholly or partially conveyed in perpetuity, either in fee or otherwise, or leased for a term of years or for any other period, nor shall there be any whole or partial transfer of the lease title, ownership, or right of maintenance or control by the GRANTEE except with the written approval and consent of the DEPARTMENT. 16. The assistance provided to the GRANTEE as a result of this Agreement is intended to have a lasting effect on the supply of outdoor recreation, scenic beauty sites, and recreation facilities beyond the financial contribution alone and permanently commits the project area to Michigan's outdoor recreation estate, therefore: a. The GRANTEE agrees that the project area or any portion thereof will not be converted to other than public outdoor recreation use without prior written approval by the DEPARTMENT and implementation of mitigation approved by the DEPARTMENT, including but not limited to replacement with land of similar recreation usefulness and fair market value. b. Approval of a conversion shall be at the sole discretion of the DEPARTMENT. c. Before completion of the project, the GRANTEE and the DEPARTMENT may mutually agree to alter the project area through an amendment to this Agreement to provide the most satisfactory public outdoor recreation area. 17. Should title to the lands in the project area or any portion thereof be acquired from the GRANTEE by any other entity through exercise of the power of eminent domain, the GRANTEE agrees that the proceeds awarded to the GRANTEE shall be used to replace the lands and project facilities affected with outdoor recreation lands and project facilities of equal or greater fair market value, and of reasonably equivalent usefulness and location. The DEPARTMENT shall approve such replacement only upon such conditions as it deems necessary to assure the replacement by GRANTEE of other outdoor recreation properties and project facilities of equal or greater fair market value and of reasonably equivalent usefulness and location. Such replacement land shall be subject to all the provisions of this Agreement. 18. The GRANTEE acknowledges that: a. The GRANTEE has examined the project area and has found the property safe for public use or actions will be taken by the GRANTEE before beginning the project to assure safe use of the property by the public, and b. The GRANTEE is solely responsible for development, operation, and maintenance of the project area and project facilities, and that responsibility for actions taken to develop, operate, or maintain the property is solely that of the GRANTEE, and 7 of 15 PR1920 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT c. The DEPARTMENTS involvement in the premises is limited solely to the making of a grant to assist the GRANTEE in developing same. 19. The GRANTEE assures the DEPARTMENT that the proposed State-assisted action will not have a negative effect on the environment and, therefore, an Environmental Impact Statement is not required. 20. The GRANTEE hereby acknowledges that this Agreement does not require the State of Michigan to issue any permit required by law to construct the outdoor recreational project that is the subject of this Agreement. Such permits include, but are not limited to, permits to fill or otherwise occupy a floodplain, and permits required under Parts 301 and 303 of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts 451 of 1994, as amended. It is the sole responsibility of the GRANTEE to determine what permits are required for the project, secure the needed permits and remain in compliance with such permits. 21. Before the DEPARTMENT will approve plans, specifications, or bid documents; or give written approval to the GRANTEE to advertise, seek quotes, or incur costs for this project, the GRANTEE must provide documentation to the DEPARTMENT that indicates either: a. It is reasonable for the GRANTEE to conclude, based on the advice of an environmental consultant, as appropriate, that no portion of the project area is a facility as defined in Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended; Or b. If any portion of the project area is a facility, documentation that Department of Environmental Quality-approved response actions have been or will be taken to make the site safe for its intended use within the project period, and that implementation and long-term maintenance of response actions will not hinder public outdoor recreation use and/or the resource protection values of the project area. 22. If the DEPARTMENT determines that, based on contamination, the project area will not be made safe for the planned recreation use within the project period, or another date established by the DEPARTMENT in writing, or if the DEPARTMENT determines that the presence of contamination will reduce the overall usefulness of the property for public recreation and resource protection, the grant may be cancelled by the MNRTF Board with no reimbursement made to the GRANTEE. 23. The GRANTEE shall acquire and maintain insurance which will protect the GRANTEE from claims which may arise out of or result from the GRANTEE'S operations under this Agreement, whether performed by the GRANTEE, a subcontractor or anyone directly or indirectly employed by the GRANTEE, or anyone for whose acts may hold them liable. Such insurance shall be with 8 of 15 PR1 920 (Rev. 07/172006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT companies authorized to do business in the State of Michigan in such amounts and against such risks as are ordinarily carried by similar entities, including but not limited to public liability insurance, worker's compensation insurance or a program of self-insurance complying with the requirements of Michigan law. The GRANTEE shall provide evidence of such insurance to the DEPARTMENT at its request. 24. Nothing in this Agreement shall be construed to impose any obligation upon the DEPARTMENT to operate, maintain or provide funding for the operation and/or maintenance of any recreational facilities in the project area. 25. The GRANTEE hereby represents that it will defend any suit brought against either party which involves title, ownership, or any other rights, whether specific or general rights, including appurtenant riparian rights, to and in the project area of any lands connected with or affected by this project. 26. The GRANTEE is responsible for the use and occupancy of the premises, the project area and the facilities thereon. The GRANTEE is responsible for the safety of all individuals who are invitees or licensees of the premises. The GRANTEE will defend all claims resulting from the use and occupancy of the premises, the project area and the facilities thereon. The DEPARTMENT is not responsible for the use and occupancy of the premises, the project area and the facilities thereon. 27. Failure by the GRANTEE to comply with any of the provisions of this Agreement shall constitute a material breach of this Agreement. 28. Upon breach of the Agreement by the GRANTEE the DEPARTMENT, in addition to any other remedy provided by law, may: a. Terminate this Agreement; and/or b. Withhold and/or cancel future payments to the GRANTEE on any or all current recreation grant projects until the violation is resolved to the satisfaction of the DEPARTMENT; and/or c. Withhold action on all pending and future grant applications submitted by the GRANTEE under the Michigan Natural Resources Trust Fund and the Land and Water Conservation Fund; and/or d. Require repayment of grant funds already paid to GRANTEE. e. Require specific performance of the Agreement. 29. The GRANTEE agrees that the benefit to be derived by the State of Michigan from the full compliance by the GRANTEE with the terms of this Agreement is the preservation, protection and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State of Michigan by way of assistance under the terms of this Agreement. The GRANTEE agrees that after final reimbursement has been made to the GRANTEE, repayment by the GRANTEE of grant funds received would be inadequate compensation to the State 9 of 15 PR1920 (Rev. 07117/2006) 10 of 15 PR1920 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT for any breach of this Agreement. The GRANTEE further agrees therefore, that the appropriate remedy in the event of a breach by the GRANTEE of this Agreement after final reimbursement has been made shall be the specific performance of this Agreement. 30_ The GRANTEE shall return all grant money if the project area or project facilities are not constructed, operated or used in accordance with this Agreement. 31. The GRANTEE agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, marital status, familial status or disability that is unrelated to the person's ability to perform the duties of a particular job or position. The GRANTEE further agrees that any subcontract shall contain non-discrimination provisions which are not less stringent than this provision and binding upon any and all subcontractors. A breach of this covenant shall be regarded as a material breach of this Agreement. 32. The DEPARTMENT shall terminate and recover grant funds paid if the GRANTEE or any subcontractor, manufacturer, or supplier of the GRANTEE appears in the register compiled by the Michigan Department of Labor and Economic Growth pursuant to Public Act No. 278 of 1980. 33. The GRANTEE hereby agrees to bury all new telephone and electrical wiring within the project area. 34. The GRANTEE may not assign or transfer any interest in this Agreement without prior written authorization of the DEPARTMENT. 35. The rights of the DEPARTMENT under this Agreement shall continue in perpetuity. 36. The Agreement may be executed separately by the parties. This Agreement is not effective until: a. The GRANTEE has signed the Agreement and returned it together with the necessary attachments within 90 days of the date the Agreement is issued by the DEPARTMENT, and b. The DEPARTMENT has signed the Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, on this date. Approved by resolution (true copy attached) of the date meeting of the (special or regular) (name of approving body) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT GRANTEE SIGNED: WITNESSED BY: By 1) Title: 2) Date: Grantee's Federal ID# MICHIGAN DEPARTMENT OF NATURAL RESOURCES SIGNED: WITNESSED BY: By Jim Wood Title: Manager, Grants Management 2) Date: 11 of 15 PR1920 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT APPENDIX A LEGAL DESCRIPTION OF THE PROJECT AREA 12 of 15 PR1920 (Rev. 0711712006) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT APPENDIX B BOUNDARY MAP OF THE PROJECT AREA 13 of 15 PR1920 (Rev. 07/17/2006) qAKLAND ADDISON OAKS COUNTY PARK [ADM; 0;1 M PARK BOUNDARY MAP Legend Park/Project Boundary Proposed Connector Trail Parcel Boundaries 2,000 1,000 2,000 Feet MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT APPENDIX C RECREATION GRANT APPLICATION TF07-030 (incorporated herein by reference) 14 of 15 PR 1920 (Rev. 07/17/2006) RESOLUTION IN SUPPORT OF THE ACCEPTANCE OF THE TF07-030 ADDISON OAKS TRAIL CONNECTOR DEVELOPMENT GRANT WHEREAS, the Oakland County Parks and Recreation Commission has been notified of the award of the TF07 - 030 ADDISON OAKS TRAIL CONNECTOR DEVELOPMENT GRANT, administered by the Michigan Natural Resources Trust Fund Board and the Michigan Department of Natural Resources; and WHEREAS, the Two Hundred Twenty -Eight Thousand Eight Hundred ($228,800.00) dollar grant will help offset the cost of developing this project, which will substantially increase the recreational opportunities offered at Addison Oaks County Park; and WHEREAS, the matching funds for the ADDISON OAKS TRAIL CONNECTOR DEVELOPMENT GRANT will come from the 1/4 mil for parks. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission supports the acceptance of the TF07- 030 ADDISON OAKS TRAIL CONNECTOR DEVELOPMENT GRANT. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission recommends that upon the approval of the Grant Agreement by Oakland County Corporation Council, said agreement will be forwarded to the Oakland County Board of Commissioners for consideration and approval. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission has included the GRANT REVENUE and PROJECT EXPENSES for said project in the budget for FISCAL YEAR 2012; thereby eliminating the need for a BUDGET AMENDMENT. Moved by: John McCulloch Supported by: Pecky Lewis, Jr. Date: August 3, 2011 FISCAL NOTE (MISC. #11213) September 22, 2011 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION — APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT PROJECT AGREEMENT NO. TF07-030 ADDISON OAKS TRAIL CONNECTOR 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 Oakland County Parks and Recreation Commission has received grant project agreement No.TF07-030 Natural Areas Accessibility Improvements, through the Michigan Department of Natural Resources. 2. The grant will provide partial funding for the development of a connector trail in Addison Township. 3. Total project costs are $520,000, with $228,800 (44%) in grant funds and $291,200 (56%) from Parks and Recreation Fund. 4. The Oakland County Parks and Recreation Commission supported the approval and acceptance on July 6, 2011. 5. No General County funds are required for this grant acceptance. 6. Sufficient funds are budgeted in the Parks and Recreation Capital Improvement Budget and no budget adjustments are recommended. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Long and Crawford absent. Y APPROVE, THE FOREGOING RESOLUTION Resolution #11213 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, Greirnel, 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). 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. 094. Bill Bullard Jr., Oakland County