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HomeMy WebLinkAboutResolutions - 2013.03.06 - 20719MISCELLANEOUS RESOLUTION #13040 March 6, 2013 BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION — 7012 Mir:Mr-IAN DEPARTMENT OF NATURAL RESOURCES RECREATION PASSPORT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Parks and Recreation Commission has been notified of the award of the RP12 -406 Addison Oaks Park Accessibility Improvements Grant from the Recreation Passport Grant Prom-am, administered by the Michigan Department of Natural Resources: and WHEREAS, the Forty Five Thousand Dollar ($45,000) grant will help offset the cost of a universally accessible small boat launch, the renovation and upgrade of a fishing pier, and pathway improvements connecting these areas with the existing parking area; and WHEREAS, the matching funds of Fifteen Thousand Dollars ($15,000) for the Addison Oaks Park Accessibility Improvements are allocated from the Parks and Recreation fund; and WHEREAS, the Oakland County Board of Commissioners approved said application to the Recreation Passport Program on March 7, 2012. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and approves the 2012 Recreation Passport grant award for the Addison Oaks Park Accessibility improvements in the amount of $45,000. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee to execute said grant agreement on behalf of the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN OFF — Parks & Recreation GRANT NAME: 2012 Michigan Recreation Passport Program —Accessibility Improvements at Addison Oaks County Park FUNDING AGENCY: Michigan Department of Natural Resources DEPARTMENT CONTACT PERSON: Melissa Prowse 248 858-4630 STATUS: Grant Acceptance DATE: January 30, 2013 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 (1/23/2013)) Department of Human Resources: Approved. — Karen Jones (1/23/2013) Risk Management and Safety: Approved By Risk Management. — Julie Secontine (1/23/2013) Corporation Counsel: I have one issue with this above-referenced grant agreement. The issue is with the language contained in paragraph 26 of the agreement, specifically the second sentence which provides: ”The GRANTEE is responsible for the safety of all individuals who are invitees or licensees on the premises." Generally, all individuals who use County Parks or Park Facilities are classified as invitees. Under current law, the County is not an insurer of the safety of invitees, but is subject to liability for physical harm caused to invitees by a condition on the land only if, it (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and (b) should expect that the invitee will not discover or realize the danger, or will fail to protect themselves against it, and (c) the County fails to exercise reasonable care to protect the invitees against the danger. Additionally, if an invitee were hurt on Park property, outside a public building, the County would generally be protected by governmental immunity. Accordingly, the 2n d sentence added in paragraph 26, in my opinion, changes the County's liability, With all that being said, I spent over a year attempting to get the DNR to change this exact sentence. I even contacted the Attorney General's Office and they agreed with me, but the DNR said it did not have to follow the Attorney General's suggestion (it was a suggestion of the Attorney General and not a formal opinion). Therefore, I do not believe I will have much luck in getting the DMZ_ to change the language. I would like to give it a try again. But I would suggest having the BOO approval the agreement, with the caveat that I will attempt to get this language changed. Let me know if you have any questions. — Jody S. Hall (1/30/2013) 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. Natural Resources and Environmental Protection Act — "Act 451 of 1994" http: //w ww I e gi slature.mi.gov/(S (aj fbnz3 g 0m5)diry33mft0i v ))/mile g .asp x?page=getObj e ct & obj e ctName=2010-1-1B-5752 Americans with Disabilities Act of 1990 http://www.ada.gov/pubs/ad.a.htm Playground Equipment Safety Act — PA. 16 of 1997 htto://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-16-of-1997.pdf Utilization of Public Facilities by Physically Limited Act — PA. 1 of 1966 http://leoislature.mi.gov/(S(e0eojr3gdyzwkl uputn2 w3451)/printdocument. aspx?obi ect-nam C=MC1- Act- -of-1966&version---txt Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legislature.mi.gov/(uq3 e g. a sp Op a ge-----getobj e ct&obi ectn ame=mcl-Act -453 -of-1 976&queryid=i4718540 Michigan Persons with Disabilities Civil Rights Act— "Act 220 of 1976" http ://www gisl ature . go v/(uq31 xgeltmrj5 z55 z2uiwv45 )/mile sp x?na ge= getobi ect& obi ectn ame—nicl-Act-220-of-1976&queryid=14718589 Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980 http ://www .legislature .mi. gov/(S(ealrauv4unclgbvh10s21355))/mileg.asnx?nage—getObjc...ct&obi ectN ame=mcl-Act-278-of-1980 1 of 15 PR1956-4 (Rev 10114/2011) Michigan Department of Natural Resourcs — Grants Management MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT Project Number: RP12-406 Project Title: Addison Oaks Park Accessibility Improvements 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 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 Director of the Department to receive a grant. In PA 200 of 2012, the Legislature appropriated funds from the Recreation Passport Grant Program (RPGP) 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 March 10, 2013. 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 RP12-406 (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 the date of execution by the DEPARTMENT through July 30, 2015, 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, This Agreement shall be administered on behalf of the DEPARTMENT through Grants Management. a. All reports, documents, or actions required of the GRANTEE shall be submitted to the: RECREATION PASSPORT GRANT PROGRAM GRANTS MANAGEMENT MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30425 LANSING MI 48909-7925 2 of 15 PR1956.4 (Rev 10/14/2C11) MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT b. The GRANTEE'S representative for this project is: Name Title Mailing Address Telephone Email 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. 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), 5. The words "project facilities" shall mean the following individual components, as further described in APPENDIX C. Small Boat Launch Kayak/Canoe Caddy Fishing Pier Access Route Permit Fees 6. The DEPARTMENT agrees as follows: a. To grant to the GRANTEE a sum of money equal to Seventy-Five (75%) percent of Sixty Thousand ($60,000.00) dollars, which is the total eligible cost of construction of the project facilities including engineering costs, but in any event not to exceed Forty-Five Thousand ($45,000.00) dollars. b. To grant these funds in the form of reimbursements to the GRANTEE for eligible costs and expenses incurred as follows: i. Payments will be made on a reimbursement basis at Seventy-Five (75%) percent of the eligible expenses incurred by the GRANTEE up to 90% of the maximum reimbursement allowable under the grant. FAX 3 of 15 PR1956-4 (Rev 10/1412011j MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT 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 list 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 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 RPGP sign in compliance with Section 7(j) 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 Fifteen Thousand ($15,000.00) dollars in local match. This sum represents Twenty-Five (25%) 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. All projects with a total project cost of $15,000 or greater shall 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 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 (Prime Professional is not required for grants less than $15,000). 4 of 15 PR1956-4 (Rev 10114/2011) MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT 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 $10,000 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 $2,500 and $10,000 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 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, P.A. 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. Bury all new telephone and electrical wiring within the project area. viii. Correct any deficiencies discovered at the final inspection within 90 days of written notification by the DEPARTMENT. These corrections shall be made at the GRANTEES 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 20 years (useful life of facilities anticipated), 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 differences 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. 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. 5 of 15 PR1956,I (Rev 10/142011) MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT g. 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 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. j. To erect and maintain a sign on the property for the life of the facilities which designates this project as one having been constructed with the assistance of the RPGP. A sign will be provided by the DEPARTMENT. Any replacement sign(s) will be at the expense of the GRANTEE. 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 beginning the effective date of the Project Agreement and throughout 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. 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. For grants $15,000 or less, reimbursement should be submitted for entire amount at completion of the project. c. Submit a complete request for final reimbursement within 90 days of project completion and no later than October 30, 2015. If the GRANTEE fails to submit a complete final request for reimbursement by October 30. 2015, the DEPARTMENT may audit the project costs and expenses and make final payment based on documentation on file as of that date or may 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, during the life of the facilities, the GRANTEE shall obtain prior written authorization from the DEPARTMENT before implementing 6 of 15 P R1956-4 ,F(ev 1U/14/2011j MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT ACiREEMENT 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. 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) 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 any portion of the property not held in fee simple title as indicated in written correspondence from the DEPARTMENT dated _ a ncl 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. 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. During the life of the facilities, none of the project area, nor any of the project facilities constructed under this Agreement, shall be wholly or partially conveyed, either in fee, easement 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 7 of 15 PR1956-4 (Rev 10/14/2011) MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT and consent of the DEPARTMENT. The GRANTEE shall regulate the use of the project area to the satisfaction 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 recreation, scenic beauty sites, and recreation facilities beyond the financial contribution alone and commits the project area to Michigan's recreation estate for the useful life of the project facilities, therefore: a. The GRANTEE agrees that, during the life of the facilities, the project area or any portion thereof will not be converted to other than public 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 and/or project facilities 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 recreation lands arid 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 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 c. The DEPARTMENT'S 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. 8 of 15 PR1955-4 (Rev 10/14/2011; MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT 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 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 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 DEPARTMENT 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 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. 9 of 15 PR1956-4 (Rev 10114/2011; MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT 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 may, in addition to any other remedy provided by law,: 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 RPGP, Michigan Natural Resources Trust Fund, and 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 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 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. 10 of 15 PR1955-4 (Rev 10/1412011) MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT 30. Prior to the completion of the project facilities, 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 agrees to assist DEPARTMENT personnel in promotion of the Recreation Passport Program by distributing marketing materials provided by the DEPARTMENT. 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 for the anticipated life of the project facilities as stated in Section 7(d). 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 both copies together with the necescary .1-ARchments 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) 11 of 15 PR1956.4 (Rey 10/14(2011) MICHIGAN RECREATION PASSPORT GRANT PROGRAM DEVELOPMENT PROJECT AGREEMENT GRANTEE SIGNED: WITNESSED BY: By 1) _ Print Name: Title: 2) Date: Grantee's Federal ID# MICHIGAN DEPARTMENT OF NATURAL RESOURCES SIGNED: By Steven J. DeBrabander Title: Manager, Grants Management WITNESSED BY: 1) 2) Date: MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT APPENDIX A LEGAL DESCRIPTION OF THE PROJECT AREA 12 of 15 PR1955.4 (Rev 10/14/411) 13 of 15 PR1956-4 (Rev 10/1412011) MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT APPENDIX B BOUNDARY MAP OF THE PROJECT AREA MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT APPENDIX C RECREATION GRANT APPLICATION RPI 2-406 (incorporated herein by reference) 14 of 15 R1955-4 (Rev 10/14/2011) 15 of 15 PR1956-4 (Rev 10/13/2011; SAMPLE RESOLUTION (Development) Upon motion made by , seconded by , the following Resolution was adopted: "RESOLVED, that the , Michigan, does hereby accept the terms of the Agreement as received from the Michigan Department of Natural Resources, and that the does hereby specifically agree, but not by way of limitation, as follows: 1, To appropriate all funds necessary to complete the project during the project period and to provide ($ ) dollars to match the grant authorized by the DEPARTMENT. 2. To maintain satisfactory financial accounts, documents, and records to make them available to the DEPARTMENT for auditing at reasonable times. To construct the project and provide such funds, services, and materials as may be necessary to satisfy the terms of said Agreement. 4. To regulate the use of the facility constructed and reserved under this Agreement to assure the use thereof by the public on equal and reasonable terms. 5. To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution." The following aye votes were recorded. The following nay votes were recorded: STATE OF MICHIGAN ) ss COUNTY OF , Clerk of the , Michigan, do hereby certify that the above is a true and correct copy of the Resolution relative to the Agreement with the Michigan Department of Natural Resources, which Resolution was adopted by the at a meeting held Signature Title Date FINANCE COMMITTEE FISCAL NOTE (MISC. #13040) March 6,2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION — 2012 MICHIGAN DEPARTMENT OF NATURAL RESOURCES RECREATION PASSPORT 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 Oakland County Parks and Recreation Commission has been notified of the award of the RP12-406 Addison Oaks Park Accessibility Improvements grant from the Recreation Passport Grant Program administered by the Michigan Department of Natural Resources. 2. The grant application was approved by the Oakland County Board of Commissioners on March 7, 2012. 3. The $45,000 (75% of total project cost) grant will offset the cost of a universally accessible small boat launch, renovations and pathway improvements. 4. A grant match of $15,000 (25% of total project cost) is budgeted in the adopted Parks and Recreation FY 2012 - FY 2015 Capital Improvement Program. 5. The FY2014 budget is amendment as follows: PARKS AND RECREATION FUND #50800 Revenues: FY2014 5060201-160915-690189 Capital Asset Contribution $45,000 5060201-160900-665882 Planned Use of Fund Balance ($45,000) $ - 0 — FINANCE COMMITTEE VOTE: Motion carried unanimously on a roil call vote. Resolution #13040 March 6, 2013 Moved by Bosnic supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Scott, Spisz, Weipert, Woodward, Zack. (18) 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). ACTINFH — - STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 6, 2013, 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 6th day of March, 2013. ?Sou/ 4zeiyio, Lisa Brown, Oakland County