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HomeMy WebLinkAboutResolutions - 2012.03.07 - 20014GENERAL GOVERNMENT COMMITTEE n L Irv- IAA Q , MISCELLANEOUS RESOLUTION #12042 BY: General Government Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS - 2012 SURVEY AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this is an ongoing grant, and the nineteenth (19th) year of funding by the State of Michigan, Department of Labor and Economic Growth; and WHEREAS the grant award of $329,156 consists of $229,156 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 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 4,475 corners have been remonumented and approved by the Peer Review process and 38 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, 2012 through December 31, 2012 in the amount of $329,156. 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 Remonurnentation program effective January 1, 2012 through December 31, 2012. 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. Nancy Falardeau From: Piir, Gaia <piirg@oakgov.com > Sent: Friday, February 17, 2012 3:51 PM To: 'Crank, Ronald': 'Doyle, Larry': 'Falardeau, Nancy' Subject: GRANT REVIEW SIGN OFF - Clerk/Register of Deeds - 2012 Survey and Remonumentation Grant Acceptance Attachments: Grant accept sign off pkg.pdf GRANT REVIEW SIGN OFF — Clerk/Register of Deeds GRANT NAME: 2012 Survey and Remonumentation Grant FUNDING AGENCY: State of Michigan DEPARTMENT CONTACT PERSON: Ronald J. Crank 248 858-1447 STATUS: Grant Acceptance DATE: February 17, 2012 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 (2/10/2012) Department of Human Resources: Approved. — Karen Jones (2/9/2012) Risk Management and Safety: Approved By Risk Management — Andrea Plotkowski (2/9/2012) Corporation Counsel: There are no outstanding legal issues with the above grant application. The indemnification requirement in the grant for surveyors is in the County's current Professional Services Contract with the surveyors. (Grant Section 3.3 B) This requirement must be included by Purchasing in any new Contracts for work under the grant. —Joellen Shortley (2/17/2012) COMPLIANCE The grant agreement references a number of specific federal and/or 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 3 htt p://www.legislature.m i.gov/(S(zgsq ph mvsytra r55ii3q 3545))/mileg.a sox ?pap etObiect&obiect Name= c1-600- e= http://www.legislature.mi.gov/(S(tth2g0b5figulb45bijz3x45))/mileg.aspx?page=getobject&objectnarne=mcl-act-345-of- 1990&queryici=172908184highlight Michigan Revised Judicature Act of 1961 (Excerpt); 2002 PA 700 2567a Skhighlight=2002%20AND%20PA9/020AN D%20700 Michigan Corner Recordation Act 74 of 1970 http://www.legislature.mi.gov/(S(egwb3gerqkeOuk55xik35xyt))/mileg.aspx?page=McIPASearch Michigan Coordinate Systems Act 9 of 1964; 1988 PA 154 http://www.legislature.mi.gov/(S(mwvgws451 <hv2g255solxhp55))/mileg.aspx?page=GetObject&obiectname=mcl-Act-9- of-1964&query1d=22224409 Federal Office of Management and Budget (OMB) Circular No. 4-133. http://www.whitehouse.govlombjcircula rs/a133/a133.html Michigan House Concurrent Resolution No. 206 of June 1987 http://www.qbs-mi.org/pdf/2004 QBS workbook,pdf Michigan State Constitution of 1963 (Excerpt), Article XI § 5 http://www.legislature.mi.ov/(S(mwvgws451<hv2g255solxhp55))/mileg.aspx?page=getObject&objectName=mcl- Article-X1-.5 Michigan Civil Service Rule 7-1 http://www ,michigan.gov/mdcs/0,1607,7-1475877 8155-73230--,00.html Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.mi.gov/(uq3lxgeltmri5z55z2uiwv45)/mileg.aspx?page=getobject&objectname=mcl-Act-453-of- 1976&q ue ryid=14718540 Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" http://www.leAklature.IIIi.v,uv/(uq31.Ageltilif i5z55z2u1wv45)/rniieg.aspx?page.getobject&objectname=mci-Act-220-of- 1976&queryid=14718589 Michigan State Contracts with Certain Employers Prohibited - "Act 278 of 1980" http://www.legislature.mi.gov/(S(ea Ira cht4 u nclgbvh10s21355))/mileg.aspx?pageet0 bject&o bjectN a me=mcl-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://uscode. house .govluscode- cgi/fastweb.exe?getdoc+uscview+t29t32+1811+0++%28Anti Lobbving%29%20%20AND%209 1028%2831%29%20AD.1%20 USC%29%3ACITE%20%20%20%20%20%20%20%20%20 Gaia V. Piir Grants Compliance and Programs Coordinator Oakland County Fiscal Services bivision Phone (248) 858-1037 Fax (248) 858-9724 Nancy Falardeau From: Piir, Gala <piirg©oakgov.com > Sent: Thursday, February 09, 2012 3:01 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc: 'Crank, Ronald'; 'Doyle, Larry'; 'Falardeau, Nancy' Subject: Grant Review: Clerk/Register of Deeds - 2012 Survey and Remonumentation Grant Acceptance Attachments: 02-09-12 - Survey and Remonumentation Grant.pdf GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Clerk/Register of Deeds 2012 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: February 16, 2012 GRANT INFORMATION Date: February 9, 2012 Operating Department: Register of Deeds Department Contact: Ronald J Crank Jr. Contact Phone: 248-858-1447 Document Identification Number: BCC- 12-63 REVIEW STATUS Acceptance — Resolution required Funding Period: January 1, 2012 through December 31, 2012 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: $329,156 Prior Year Total Funding: $326,937 New Grant Funded Positions Request: None Changes to Current Positions: GF/GP position #09329 is partially reimbursed by grant funding Grantor Funds: $329,156 Total Budget: $329,156 Match and Source: 0 PROJECT SYNOPSIS 5 To locate and properly monument Section and Property Controlling corners as described by the Remonumentation Act. Also, retrieve GPS data for all monumented corners. This is an ongoing grant from the State of Michigan that began in 1993. This 2012 Grant includes $100,000.00 for the reimbursement to the General Fund. Gala V. Piir Grants Compliance and Programs Coordinator Oakland County Fiscal Services Division Phone (248) 858-1037 Fax (248) 858-9724 Diimeoakoov.com 2 6 Sincerely, RICK SNYDER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH LANSING STEVEN H. HILFINGER DIRECTOR February 3, 2012 Mr. Bill Bullard, Jr. Oakland County Grant Administrator 1200 North Telegraph Road Department 415 Pontiac, WEE 48341-0480 RE: 2012 Oakland County Survey and Rernonumentation Grant Dear Mr. Bullard, Jr.: The 2012 Survey and Remonumentation Grant Application submitted by Oakland County has been reviewed and approved by the State Grant Administrator. Enclosed is your copy of the 2012 Grant Agreement along with 2 extra copies of the signature page. PLEASE RETURN the 2 extra si2naturc pages (orisinal simiatures) to our office no later than August 31, 2012 when signed by the County Grant Administrator. The 40 percent start-up payment will be processed upon receipt of the 2 signature pages of the Grant Agreement. A Progress Report for a second payment up to 45 percent of the total State grant may be submitted any time after June 30, 2012 and prior to October 1, 2012. Expenditure documentation is required as specified in the grant asr,reement; however, corner and state plane coordinate records do not need to be submitted with the Progress Report. A Completion Report may be submitted any time after June 30, 2012 but must be submitted no later than February 28, 2013. Completion payments are contingent upon review and approval of all work program and expenditure documentation as specified in the grant agreement and the EliEdble Expense Documentation Requirements dated January 20, 2012. PLEASE NOTE: Any expenditures submitted for corners completed that are not original public land survey corners. originally established and monumented by the U.S. government, will not be reimbursed from the grant. It is recommended that a copy of the grant agreement be provided as an attachment to the County's contract with all monumentation surveyors. If you have any comments or questions, please contact our office at 517-241-6321, e-mailjohnstonegmichigan.gov . Chris Beland, P.S., Director Office of Land Survey and Remonumentation cc: Joseph C. Kapelczalc, P.S., County Representative Providing for Michigan's Safety in the Built Environment BUREAU OF CONSTRUCTION CODES P.O. BOX 30704 • LANSING, MICHIGAN 48909 Telephone (517) 241-6321* Fax (517) 241-6301 wwvv.michiaan.aovideieg DELEG is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. 7 GRANT NO. BCC 12-63 GRANT BETWEEN THE STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS AND • OAKLAND COUNTY GRANTEE/ADDRESS: Contact Name Organization Name Address City, State, Zip Telephone: FAX: Bill Bullard, Jr. County of Oakland 1200 North Telegraph Road Department 415 Pontiac, MI 48341-0480 (248) 858-1447 (248) 858-7466 GRANT ADMINISTRATOR/ADDRESS: Chris Beland, P.S., Director Office of Land Survey and Remonumentation Department of Licensing and Regulatory Affairs P.O. Box 30704 Lansing, MI 48909 GRANT PERIOD: From 01-01-2012 to 12-31-2012 TOTAL ANNUAL PROJECT RUTYTF'T FOR WORK IN CALENDAR YEAR 2012: Federal Contribution: State Grant Amount: County Cash Contribution: Expedited - Reimbursement for Past Expedited Expenditures: 2012 TOTAL ANNUAL PROJECT BUDGET: ACCOUNTING DETAIL: Index 48064 / PCA 02935 Fed I.D. No. 386004876 S329,156.00 $100,000.00 $229,156.00 8 GRANT This is Grant # BCC 12-63 between the Department of Licensing and Regulatory Affairs (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 terins and conditions of this Agreement. Under the Act, a separate grant amount may be offered to the Grantee each year hereafter. The wants offered by the State are intended to provide for survey and remonumentation of the public land survey corners and other activities in accordance with said Act and in accordance with the Grantee's Survey, Monumentation and Remontunentation Plan (hereinafter, "County Plan") as approved by the Director of the Department of Licensing and Regulatory Affairs. 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 Remonumentation Grant attached to and made a part of this Agreement (Attachment A) that proposes the work for the calendar year ending December 31, 2012. When remonumentation has been completed and the annual 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 Total Annual Budget. The Grantee agrees that the state grant mount and any county contribution amount must be totally expended prior to expending any expedited funds. Alternatively, up to 50 percent of the state grant amount may be used to reimburse the county for past eligible expenditures to expedite the county's work program 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 of the state grant formula. 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 remonumentation in accordance with the terms and conditions of this Agreement. 2 1.1. Statement of Work The Grantee agrees to undertake, perform, and complete the following. These services are more specifically described in the Grant Application, 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: 1. A Work Progress Report or Completion Report for the grant period documenting the work completed and expenditures incurred in a format prescribed by the Office of Land Survey and Remonumentation, accompanied by the following: a. Work accomplished during the reporting period and work to be completed during any subsequent reporting period 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 all Peer Group meeting minutes with a list of each member's company affiliation, if any (Completion Report only). 3) Invoices An invoice from all peer group members, each montunentation surveyor or service provider, for all supplies and purchases, including a breakdown of any county costs charged to the program. h. Invoices shall be broken down by Work Progress/Completion Report line item (Research/Monumentation, Monumentation Supplies, Setting of Coordinates, Monumentation work is to be itemized by corner code, town and range. 4) General Ledger The County Treasurer's print-out of the State Survey and Remonwnentation Fees grant account as required by the State Department of Treasury or equivalent ledger providing a detailed history of all transactions posted to the grant. 10 The ledger must provide an itemized record of all expenditures incurred by the county, including administrative and/or overhead expenses. If not itemized in the ledger, a separate salary and fringe benefits report be also be submitted for all administrative staffing expenditures incurred, iii. All expenditures on the county ledger will be identified to reference the Work Progress/Completion Report line item to which they are posted. 5) A copy of the recorded Land Corner Recordation Certificate (LCRC), prepared in compliance with 1970 PA 74 and in the format provided by R339.17403, Professional Board of Surveyors Administrative Rules, for each corner submitted, stamped/signed by the county representative/surveyor, and reflecting the date of peer group meeting at which the comer was ratified. If a corner is common to more than one township, provide a full-size copy of the LCRC for each township and identify the common comer(s) (Completion Report only). 6) The Grantee's comer LCRC data submitted to the State on the web-based Remonumentation System (Completion Report only). 7) A corner marker and accessories site inspection report if under a perpetual monument maintenance work program (Completion Report only). 8) The Grantee's. corner MCS83 report for state plane coordinate work submitted as outlined in MCS 83 Data Uploads from Counties (Completion Report only). 9) A paper copy of each Mark Recovery Report (recovery report of published control stations) entered on the NGS web site on the Internet (Completion Report only). 10) 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 (Completion Report only). State plane coordinate data: a. All surveys for establishing state plane coordinate values for public land survey 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 percent 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 10,000. ii. The 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) PGCS and/or county plan compliance certification to the Grantee along 4 11 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 percent of quarter corner-section corner (half mile) or section corner-section corner (full mile) distances originally measured 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 30 percent of 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 comer 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 infounation: The date of the survey and Geodetic Reference Spheroid Model (Adj Year) used in adjusting and determining state plane coordinates. 2. 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. 3. The positional tolerance of that corner or station expressed as the standard deviation (95 percent confidence level) in the North coordinate value and the East coordinate value in international fleet 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 NOAA/NGS 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 founat similar to the old DDPROC reports with a paper copy provided. The station designation 12 (name) should be entered in the Memo field of the database rather than the PID field for pa-dished NGS stations. 7. The contracting professional surveyor responsible for the state plane coordinate work shall certify that the coordinates have been established and determined 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, firm 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 permitted. C. 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 all approved county plan. 1.2 Detailed Budget A. This Agreement does not commit the State of Michigan (State) or the Department of Licensing and Regulatory Affairs (LARA) 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 percent do not require prior written approval, but Grantee must provide notice to the Grant Administrator at the time the need for change occurs. Changes in a line item equal to or greater than 5 percent 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 $329,156.00. An advance of 5131,662.40 (40% of the State grant) shall be made to the Grantee upon receipt by the Grant Administrator of a signed Agreement and a request for advance from the Grantee. B. The County Grant Administrator may submit a work progress report after July 1, 2012 but no later than September 30, 2012. 6 13 C. After receipt and approval of the work progress report by the Grant Administrator, a second payment of up to an additional 45 percent 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 County Grant Administrator may submit the completion report after July 1, 2012. 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. E. Progress and/or completion payments may be withheld for incomplete, missing, or documentation not in compliance with 1990 PA 345 and 1970 PA 74. 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 information: 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. A Final Report is required. 1. Grantee will submit one copy of the final report no later than February 28, 2013 for review by the Grant Administrator. The final report will include the following infolination: 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. 7 14 e. Financial expenditures of grant money and other contributions to the project. g. Actual expenditures compared to the Budget in this Agreement, including a narrative justification for all discrepancies. PART H - GENERAL PROVISIONS 2.1 Project Changes Grantee must obtain prior written approval for ANY major project change OR CHANGE GREATER THAN 5 PERCENT OF THE APPROVED BUDGET FOR ANY LINE ITEM from the Grant Administrator. GRANTEE MUST PROVIDE NOTICE OF ANY CHANGE LESS THAN OR EQUAL TO 5 PERCENT AT THE TIME THE NEED FOR A CHANGE OCCURS. 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 detettitininf.; the amount of reimbursable costs. The final determination shall be made by the Grant Administrator. 2.4 Share-in-savings 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 Accounting 8 15 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 9 16 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 required in connection with the performance of this Agreement 3.3 Indemnification A. Inasmuch LS 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, 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 monumentation surveyor or my of its subcontractors, or by anyone else for whose acts any of them may be liable. 3.4 Cancellation The State may terminate this Agreement without further 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 10 17 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 teimination 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 tennination. 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 kinds 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 Agreement, 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 final decision less than 30 days before the funding cutoff). In the event of a teimination 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 minimi7e fun-her r.y.pen,44nres 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 percent 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 1 1 18 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 Ii , § 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 performance of the Agreement, Grantee agrees not to discriminate against any employee or applicant for employment, with respect to his or her hire, tenure, terms, 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 aczrees 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, MCL 37.2101, et seq. and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and any breach of this provision may be regarded as a material breach of the Agreement. 3.7 Unfair Labor Practices Pursuant to 1980 PA 278, MCL 423231, 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 infoimation 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, MCI, 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. 1? 19 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 unable 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: 1. 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 ;iny 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. 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 USG § 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 $1Q0,000 for each such failure. B. 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 Legislature, 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, grant, loan or cooperative agreement. 13 20 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 a grees to appoint agents in the .State of Michigan to receive service of process. -c-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 tlae 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. 14 21 4/1 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. 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 2012 annual work program. The signatories warrant that they are empowered to enter into this Agreement and agree to be bound by it, 0 Steven TT. Hilfinczer, Dirktor Date Department of Licensing and Regulatory Affairs State of Michigan g:t_U,- 1314 Bill Bullard, Jr. Date County Grant Administrator County of Oakland. GRANT NO. BCC 12-63 15 22 FISCAL NOTE (MISC . #12042) March 7,2012 BY: Finance Committee, Tom Middleton, Chairperson IM DE. CLERK/REGISTER Jr DEEDS — 2012 StiRVEY 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 awarded the Oakland County Clerk/Register of Deeds on-going funding in the amount of $329,156 for the Remonumentation program, with no County match required. 2. Of the total grant award, $229,156 will fund current program costs and $100,000 is reimbursement for expedited expenditures. 3. The grant-funding period is January 1,2012 through December 31, 2012. 4. The grant will partially reimburse one (1) existing full-time eligible GF/GP Plat & Boundary Review Specialist, position #09329. 5. In 2011, the Clerk/Register of Deeds received a grant award of $326,937. 6. The future level of service, including personnel, will be contingent upon the level of funding available from the State. 7. A budget amendment is recommended for Fiscal Year 2012 Special Revenue Budget to reflect the new grant award as follows: CLERK SURVEY REMONUMENTATION FUND #29220 Grant #0000000345. Activity A, Analysis Type GLB Adopted Amended Budget Amendment Budget Revenues 2010401-172180-615571 Grant-State Total Revenues $326,937 $2,219 $329,156 $326,937 $2,219 $329,156 Expenses 2010401-172180-702010 Salaries $ 7,659 ($ 0) $ 7,659 2010401-172180-722740 Fringe Benefits 4,341 ( 0) 4,341 2010401-172180-730709 Fees-Per Diem 5,625 ( 0) 5,625 2010401-172180-740128 Remonumentation 309,312 2,219 311,531 Total Expenditures $326,937 $2,219 $329,156 FINANCE COMMITTEE A FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Greimel absent. Resolution #12042 March 7, 2012 Moved by Taub supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTI 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 March 7, 2012, 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 7 th day of March, 2012. R,L02_ eJ_a_et-,,,I 094 . Bill Bullard Jr., Oakland County