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HomeMy WebLinkAboutResolutions - 2014.04.30 - 21311MISCELLANEOUS RESOLUTION #14095 • April 30, 2014 BY: General Government Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS — 2014 SURVEY AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this is an ongoing grant, and the Twenty-first year of funding by the State of Michigan, Department of Labor and Economic Growth; and WHEREAS the grant award of $398,331 consists of $298,331 in current program costs; and $100,000 as reimbursement to Register of Deeds Automation Fund. 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 4207 corners have been remonumented and approved by the Peer Review process and 54 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, 2014 through December 31, 2014 in the amount of $398,331 BE IT FURTHER RESOLVED that one (1) General Fund General Purpose full-time eligible Plat & Boundary Review Specialist position (#2010401-09329) will be partially reimbursed by the Remonumentation program effective January 1, 2014 through December 31, 2014. 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, Lisa Brown as the Grant Administrator as required by the State. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the continuation of the Remonumentation Program. BE IT FURTHER RESOLVED that continuation of this grant does not obligate the County to any future commitment, and any special revenue positions and other program costs associated with this grant are contingent upon future levels of grant funding. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Crawford and Hatchett absent. GRANT REVIEW SIGN OFF — Clerk/Register of Deeds GRANT NAME: 2014 Survey and Rernonumentation Grant FUNDING AGENCY: State of Michigan DEPARTMENT CONTACT PERSON: Ronald J. Crank 248 858-1447 STATUS: Grant Acceptance DATE: March 26, 2014 Pursuant to Misc. Resolution #13180, 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 (3/17/2014) Department of Human Resources: HR Approved. —Lori Taylor (2/1812014) Risk Management and Safety: Approved By Risk management. — Robert Erlenbeck (3/18/20)4) Corporation Counsel: —There are no outstanding legal issues with the above grant. - Joellen Shortley (3/26/2014) 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 http://www. I egisl at ure.mi.gov/(S(tth2g0b5fiqulb45bil z3x45))/mileg.aspx?page=getobject&obj ectname =rncl-act-345-of-1990&queryid=1729081&hi ghlight Michigan Revised Judicature Act of 1961 (Excerpt); 2002 PA 700 http://www.legislature.mi .gov/(S(zgsa phmvsytrar55i j 3 q3 545))/m leg.aspx?crage=getObject&objectNa me=mc1-600-2567a&highlight=2002%20AND%20PA%20AND%20700 Michigan Corner Recordation Act 74 of 1970 http://www .1 egislature.mi.gov/(S(egwb3 gernke0 uk55xik35xyt ))/mi I e g. aspx?page=Mcl PASearch Federal Office of Management and Budget (01VIB) Circular No. A-133, htto://www.whitehouse.gov/omb/ci rcula rs/a133/a133.html Michigan House Concurrent Resolution No. 206 of June 1987 http://www.gbs-mi.org/pdf/2004_0BS workbook.pdf Michigan State Constitution of 1963 (Excerpt), Article XI § 5 Isip://www.legislature.mi.gov/(S(mwvRws45khv2g255solxlm55))/mileg.aspx?page=getObiect&obiec tNarne=mckArti c Michigan Civil Service Rule 7-1 littn://www.michigan.gov/mdcs/0.1607.7-147-6877 8155-73230—,00.html Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" http://www.legi slatu re . m . go v/( uo3lxgelt 5z55z2 uiwv45)Jrni leg. aspx?pagegetobj ect&obj ectname =mcl -Act-453-of-1976&queryi d=14718540 Michigan Persons with Disabilities Civil Rights Act— "Act 220 of 1976" http://www .1 egislature.m i.gov/( ug3 I xgeltmri5z55z2 uiwv45)/m i 1 eg.aspx?page=getobject&obiectnarne .---mcl-Aet-220-of-1976&queryid=14718589 Michigan State Contracts with Certain Employers Prohibited - "Act 278 of 1980" Imp ://www .1 egi slature.m 1 .gov/(S(eal raqv4 uncl gbvh10s21355 i leg. aspx?page=getOblect&obj eetN ame=mel-Act-278-of-1980 Federal Anti-Lobbying; Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions (31 USC 1352) hftp://uscode.house.gov/uscode- cgi/fastweb.exe?getdoc+uscview+129t32+1811+0+-P/028Anti Lobbying%29%20%20AND%20%28 %2831%29%20ADJ%2OUSC%29%3ACITE%20%20%20%20%20%20%20%20%20 From: To: Cc: Subject: Date: VanPelt, Laurie "West. Catherine"; "Juife SecantIne"; "Lori Taylor"; 'Pat Davis" "Crank, Ronald"; "Lisa Drown; barnesiftoakgo_v.com; "Sheila Cummings"; 'Hurst. Melissa; "Paul ICanan"' adealu-joneseRoakgoy.com RE: GRANT REVIEW: Clerk/Register of Deeds - 2014 Survey and Remonumentation - Grant Acceptance Monday, March 17, 2014 2:31:43 PM Approved. From: West, Catherine [mailto:westca©oakgov.cornj Sent: Monday, March 17, 2014 2:30 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Crank, Ronald; Lisa Brown; barnesi@oakgovcom; Sheila Cummings; Hurst, Melissa; Paul Kanan; adoglu-jonese@oakgov.com Subject: GRANT REVIEW: Clerk/Register of Deeds - 2014 Survey and Remonumentation - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Clerk/Register of Deeds 2014 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: March 24, 2014 GRANT INFORMATION Date: March 17, 2014 Operating Department: Register of Deeds Department Contact: Ronald J. Crank Jr. Contact Phone: 248-858-1447 Document Identification Number: BCC 14-63 REVIEW STATUS: Acceptance — Resolution Required Funding Period: January 1, 2014 through December 31, 2014 New Facility/Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None MWDBE Requirements: No From: To: Cc: Subject: Date: Taylor, Lori "West, Catherine"; "Julie Secontine; "L._urie VanPelt"; "Pat Davis" 'Crank, Ronald'; "Lisa Brown"; barnesiftoakgovicom; "Sheila Cummings"; "Hurst, Melissa"; "Paul Karim"; adoglu-ionesef@oa gov corn RE: GRANT REVIEW: Clerlc/Register of Deeds - 2014 Survey and Remonumentation - Grant Acceptance Tuesday, March 18, 2014 9:45:34 AM HR Approved Lori Taylor Manager-Human Resources Recruitment &Workforce Planning Oakland County Michigan 2100 Pontiac Lake Road Waterford, MI 48328 taylorloPoal<gov.com www oakgov corn/jobs Phone: 248-858-0548 Fax: 248-858-8391 From: West, Catherine [mailto:westca©oakgov.corn] Sent: Monday, March 17, 2014 2:30 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Crank, Ronald; Lisa Brown; barnesl@oakgov.com ; Sheila Cummings; Hurst, Melissa; Paul Kanan; adoglu-jonese@oakgov.com Subject: GRANT REVIEW: Clerk/Register of Deeds - 2014 Survey and Remonumentation - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor —Juke Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE Clerk/Register of Deeds 2014 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: March 24, 2014 GRANT INFORMATION Date: March 17, 2014 Operating Department: Register of Deeds From: To: Cc: Subject: Date: Erlenbeck, Robert "We,q, Catherine"; "Jule Secontlne"; "Laurie VanPelt"; "Lori Taylor"; "Pat Davis" "Crank, Ronald"; "Lisa Brown"; barnes1Poakgoy,corn; "Shelia Cumminos"; "Hurst, Melissa"; "Paul Kanan"; adoolu-joneselaoakgov.com RE: GRANT REVIEW: Clerk/Register or Deeds - 2014 Survey and Remonumentatlon - Grant Acceptance Tuesday, March 18, 2014 11:06:27 AM Approved by Risk management. R.E. 3-1844. From: West, Catherine [mailto:westca@oakgov.corn] Sent: Monday, March 17, 2014 2:30 PM To Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Crank, Ronald; Lisa crown; barnesl@oakgov.com ; Sheila Cummings; Hurst, Melissa; Paul Kanan; adoglu-jonese@oakgov.com Subject: GRANT REVIEW: Clerk/Register of Deeds - 2014 Survey and Remonumentation - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Clerk/Register of Deeds 2014 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: March 24, 2014 GRANT INFORMATION Date: March 17, 2014 Operating Department: Register of Deeds Department Contact: Ronald J. Crank Jr. Contact Phone: 248-858-1447 Document Identification Number: BCC 14-63 REVIEW STATUS: Acceptance — Resolution Required Funding Period: January 1, 2014 through December 31, 2014 New Facility/ Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None MWDBE Requirements: No From: To: Cc: Subject: Date: 5hortiev ioellen Kate West "Davis, Patricia"; Cuilen, Sharon; Fournier, Nancy; Frederick. Candace; atzzy.ac.Q1/; liannELlielen; :LELQ1..clamtt,LItt; Johnson, Sandy; jvlitchell, Sheryl; "Penny Knope"; "Phil Bertolini"; plir. Gala; Scarlet. Nancy; Secontine. Julie ; Taylor, Lori; VariPelt, Laurie; Worthington. Pam FW: #2014-0290 CY2014 Survey and RemonumentatIon Grant Acceptince Wednesday, March 26, 2014 11:09:46 AM There are no outstanding legal issues with the above grant. lamcp*, Joellen 5hortley, Deputy Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3 rd Floor Pontiac, MI 48341 Phone Number: (248) 858-2135 Cell Phone Number: (248) 420-7639 Fax Number: (248) 858-1003 E-mail: PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in any way. Individuals are advised .that any, dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately If you have any questions, please contact the Department of Corporation Counsel at (243) 858-0550. Thank you for your cooperation. Sincerely, STATE OF MICHIGAN DEPARTMENT Or I. ICENSING AND REGULATORY AFFAIRI3 EIUREALI OF CONSTRUCTION CODES IRVIN J. POKE ()RECTOR RICK SNWER GO% STEVE ARWOCX? DiRECTOR February 28, 2013 Ms. Lisa Brown Oakland County Grant Administrator 1200 North Telegraph Road Department 415 Pontiac, IVII 48341-0480 Dear Ms. Brown: RE: 2014 Oakland County Survey and Remonumentation Grant Enclosed is your copy of the 2014 Grant Agreement along with 2 extra copies of the signature page. PLEASE return TWO signature pages with original ink signatures no later than August 31, 2014. You need to keep one complete contract with signature page for your files. The 40 percent start-up payment will be processed upon receipt of the two signature pages. A Progress Report for a second payment up to 45 percent of the total State grant may be submitted after June 30, 2014 and prior to October 1, 2014. Expenditure documentation is required as specified in the grant agreement; however, LCRC's and database records for corners and state plane coordinates do not need to be submitted with the Progress Report. A Completion Report may be submitted after June 30, 2014 and must be submitted no later than February 28, 2015. Completion payments are contingent upon submissiou of ali work program and expenditure documentation as specified in the giant a6rt:ernr1ii. PLEASE NOTE: 1. Expenditures for Non-Remonumentation comers will not be reimbursed from the grant. 2. We recommend that you provide a copy of the grant agreement to all remonumentation surveyors. if you have any comments or questions, please johnstonn®michigan.gov . Chris Belatid, P.S„ Director Office of Land Survey and Remonumentation cc. .1r,sepli C. Kapelczak, P.S., County Representative contact our office at (517) 241-6321, e-mail Providing for Michigan's Safely in the Built Environment LARA Is an equal opportunity employer Auxiliary aids, services and other reasonable accommodations are available upon request to Individuals with disabilities. P.O. BOX 30254 • LANSING, MICHIGAN 48909 www.michigan.gov/bcc • Telephone (517) 241-9302 • Fax (517)241-9570 GRANT NO, BCC 14-0 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: Lisa Brown County of Oakland 1200 North Telegraph Road Department 415 Pontiac, MI 48341-0480 (248) 858-1447 (248) 858-7466 GRANT ADMINISTRATOR/ADDRESS: Chris Deland, P.S.; Director Office of Land Survey and Remonumentation Department of Licensing and Regulatory Affair P.O. Box 30254 Lansing, MI 4S909 GRANT PERIOD: From 01-01-2014 to 12-31-2014 TOTAL ANNUAL PROJECT BUDGET FOR WORK IN CALENDAR YEAR 2014: Federal Contribution: State Grant Amount: County Cash Contribution; Expedited Reimbursement for Past Expedited Expenditures: 2014 TOTAL ANNUAL PROJECT BUDGET: ACCOUNTING DETAIL: INDEX 02935 pcA 02935 Fed LB. No. 386004876 $398,331.00 S100,000.00 S298,331.00 1 GRANT This is Grant # BCC 14-63 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 terms and conditions of this Agreement. Under the Act, a separate grant amount may be offered to the Grantee each year hereafter. The grants offered by the State are intended to provide 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 Remoriumentation Plan (hereinafter, "County Flan") as approved by the Director of the Department of Licensing and Regulatory Affairs. When remontunentation 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 amount 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, 1.1. Statement of Work The grant 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 2 1.1. Statement of Work The Grantee agrees to undertake, perform, and complete the services described in the Grant Application, Attachment A. The Grantee may submit a Work Progress Report and must submit a Completion Report as specified in this agreement and other reports that may be requested by the Grant Administrator. 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 S398,331.00. An advance of 5159,332.40 (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. 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. C, 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, D. Progress and/or completion payments may be withheld for incomplete, missing, or documentation not in compliance with 1990 PA 345 and 1970 PA 74. 3 1,4 Monitoring and Reporting Program Performance A. The Grantee shall monitor performance to assure that time schedules are being met and projected work by time period is being accomplished and provide a status report to the grant administrator upon request. B. The County Grant Administrator may submit a Work Progress Report by July 1, 2014 but no later than September 30, 2014 with invoices and financial detail for the work completed and expenditures incurred during the reporting period, see 1,4.C. for reporting requirements. C. The County Grant Administrator shall submit one copy of the Completion Report no latex than February 28, 2015 for review by the Grant Administrator with the following supporting documentation for work completed and expenditures incurred: 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 (Completion Report only), 2. A narrative of any coordinated efforts with other organizations to complete the project (Completion Report only), 3. A copy of all Peer Group meeting minutes with a list of each member's company affiliation (Completion Report only). 4. Invoices a, An invoice from all peer group members, each monumentation surveyor or any other contractual service for all services provided, supplies and purchases, as outlined in Attachment A (Work Progress Report and Completion Report). b, A detailed breakdown and backup documentation of county costs charged to the program, if any, as outlined in Attachment A (Work Progress Report and Completion Report), 5. General Ledger The County Treasurer's print-out of the State Survey and Remenumentation grant account or equivalent ledger providing a detailed history of all transactions occurring within the grant account, including all administrative and/or overhead expenses. If not itemized in the ledger, a salary and fringe benefits breakdown shall also be submitted for all administrative staffing (Work Progress Report and Completion Report). 4 6. A copy of the recorded Land Corner Recordation Certificate (LCRC), prepared in compliance with 1970 PA 74 and it 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 corner 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 corner(s) (Completion Report only). 7, The LCRC data submitted to the State on the web-based Remonurnentation System (Completion Report only). 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. 2.2 Record Retention The Grantee shall retain all financial records, supporting documents, statistical records, and all other pertinent records for a period of seven (7) years or greater as provided by law following the creation of the records or documents. 2,3 Project Income All other program income shall either be added to the project budget and used to further eligible program objectives or deducted from the total program budget for the purpose of determining the amount of reimbursable costs. The final determination shall be made by the Grant Administrator. 2.4 Share-in-s avings 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. 5 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 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 Rernonumentation 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, perfohn 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 6 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. 2.9 Liability The State is not liable for any costs incurred by the Grantee before the start date or after the end date of this Agreement. Liability of the State is limited to the terms and conditions of this Agreement and the grant amount. 3.0 Intellectual Property Unless otherwise required by law, all infellectual property developed using funds from this Agreement, including copyright, patent, trademark and trade secret, shall belong to the Grantee. 3.1 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 perfoiniance 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. 3.2 Indemnification A. Inasmuch as each party to this grant is a govern.mental 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 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 7 performance of this contract and that are attributable to the negligence or tortious acts of the monumentation surveyor or any of its subcontractors, or by anyone else for whose acts any of them may be liable. 3.3 Cancellation The State may tellninate 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 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 Fait if the State determines that such a termination is in the State's best interest. Reasons for such termination shall be left to the sole discretion of the State and may include, but not necessarily be limited to (a) the State no longer needs the Services or.products specified in the Agreement, (b) relocation of office, program changes, changes in laws,. rules, or regulations make implementation of the services no longer practical or feasible. The State may terminate this Agreement for its convenience, in whole or in part, by giving Grantee written notice at least thirty (30) days prior to the date of termination. If the State chooses to terminate this Agreement in part, the Budget shall be equitably adjusted to reflect those reductions. C. Non-Appropriation Grantee acknowledges that continuation of this Agreement is subject to appropriation or availability of funds for this Agreement. If funds to enable the State to effect continued payment under this Agreement are not appropriated or otherwise made available (including the federal government suspending or halting the program or issuing directives preventing the State from continuing The program), the State shall have the right to terminate this 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 0.011- 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 termination 8 under this section, the Grantee shall, unless otherwise directed by the State in writing, immediately take all reasonable steps to -terminate its operations and to avoid and/or minimize further expenditures under the Agreement D. Criminal Conviction The State may terminate this Agreement immediately and without further liability or penalty in the event Grantee, an officer of Grantee, or an owner of a 25 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 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 farther 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 2963, Article 11, § 5, and Civil Service Rule 7-1. Termination may be in whole or in part and may be immediate as of the date of the written notice to Grantee or may be effective as of the date stated in such written notice. 3.4 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. 3,5 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 agrees that every subcontract entered into for the performance of this Agreement will contain a provision requiring non-discrimination in employment, as here specified, binding upon each subcontractor. This covenant is required pursuant to the Elliott Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq, and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, 0 seq., and any breach of this provision may be regarded as a material breach of the Agreement. 9 34 Unfair Labor Practices Pursuant to 1980 PA 278, MCL 423.231, et seq., the State shall not award a grant or subcontract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to section 2 of the Act, This information is compiled by the United States National Labor Relations Board. A Grantee, in relation to the Agreement, shall not enter into a contract with a subcontractor, manufacturer, Or supplier whose name appears in this register. Pursuant to section 4 of 1980 PA 278, MCL 423.324, the State may void any Agreement if subsequent to award of the Agreement, the name of Grantor as an employer or the name of the subcontractor, manufacturer or supplier of Grantor appears in the register. 3.7 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. 3,8 Illegal Influence A. The Grantee certifies, to the best of his or her knowledge and belief that: I. 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. 1 If any funds other than federal appropriated fmds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this grant, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Grantee shall require that the language of this certification be included in the award documents for all grants or subcontracts and that all sub recipients shall certify and disclose accordingly, 10 The State has relied upon this certification as a material representation. Submission of this certification is a prerequisite for entering into this Agreement imposed by 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not mom than $100,000 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. 3.9 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, 4.0 Compliance with Laws Grantee shall Comply with all applicable state, federal, and local laws and ordinances ("Applicable Laws") in performing this Agreement. 4.1 Jurisdiction Any dispute arising from the Agreement shall be resolved in the State of Michigan. With respect to any claim between the parties, Grantee consents to venue in Ingham County, Michigan, and irrevocably waives any objections it may have to such jurisdiction on the grounds of lack of personal jurisdiction of such court or the laying of venue of such court or on the basis of forum non conveniens or otherwise. Contractor agrees to appoint agents in the State of Michigan to receive service of process. 42 Assignment Grantee shall not have the right to assign the Agreement, or to assign or delegate any of its duties or obligations under the Agreement, to any other party (whether by operation of law or otherwise), without the prior written consent of the Grantor. Any purported assignment in violation of this section shall be null and void. 11 4.3 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, 4A 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 perfointance of the Agreement. 4.5 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. 12 4.6 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 Ivlanurnentation Grant Application, including the 2014 annual work program. The signatories warrant that they are empowered to enter into this Agreement and agree to be bound by it. Steve Arwood, Director Date Department of Licensing and Regulatory Affairs State of Michigan Lisa Brown Date County Grant Administrator County of Oakland 13 Oakland County 2014 Remonumentation Grant Acceptance Resolution and Oakland County Board of Commissioners Approval; Resolution No. Date: l certify the information in this grant application is correct to the best of my knowledge, and the county has the capability to perform the work specified thought one or more licensed professional surveyors. Signature of Oakland County Chairman of the Board of Commissioners (Originals Only) Date FISCAL NOTE (MISC. #14095) April 30, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: CLERK/REGISTER OF DEEDS — 2014 SURVEY 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 Licensing and Regulatory Affairs (LARA), Bureau of Construction Codes, Office of Land Survey and Remonumentation awarded the Oakland County Clerk/Register of Deeds funding in the amount of $398,331 for the Remonumentation program, with no County match required. 2. Of the total grant award, $298,331 will fund current program costs and $100,000 as reimbursement for expedited expenditures. 3. The grant funding period is January 1,2014 through December 31, 2014. 4. The grant will partially reimburse one (1) existing full-time eligible GF/GP Plat & Boundary Review Specialist, position #09329. 5. The future level of service, including personnel, will be contingent upon the level of funding available from the State. 6. The reimbursement of $100,000 for expedited expenditures will be receipted against the outstanding receivable in the grant fund and will be used to reimburse the Register of Deeds Automation Fund for amounts expedited in M.R. #12336. 7. A budget amendment is recommended for Fiscal Year 2014 Special Revenue Budget to reflect the current program grant award as follows: CLERK SURVEY REMONUMENTATION FUND #29220 Grant #GR0000000345. Activity GLB, Analysis Type GLB, Bud Ref 2014 Revenues 2010401-172180-615571 Grant-State Total Revenues Adopted Amended Budget Amendment Budget $339,282 ($40,951) $298,331 $339,282 ($4_0,951) $298,331 Expenses 2010401-172180-702010 Salaries $ 15,000 $ 0 $15,000 2010401-172180-730373 Contracted Services 0 22,080 22,080 2010401-172180-730709 Fees-Per Diem 5,625 6,975 12,600 2010401-172180-731458 Professional Services 0 248,651 248,651 2010401-172180-740128 Remonumentation 318 657 (318,657) 0 Total Expenditures $339,282 ($40,951) $298,331 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Taub and Crawford absent. Resolution #14095 April 30, 2014 Moved by Taub supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Dwyer. (19) 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). Hemetiv APPMOVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MU 45.559A (7) 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 April 30, 2014, 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 30th day of April 2014. Lisa Brown, Oakland County