HomeMy WebLinkAboutResolutions - 2014.11.19 - 21599MISCELLANEOUS RESOLUTION #14263 November 19, 2014
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION —2013 MICHIGAN NATURAL
RESOURCES TRUST FUND 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 TF13-033 Universally Accessible Boat Launch Grant from the Michigan
Natural Resources Trust Fund; and
WHEREAS, the thirty-seven thousand seven hundred dollar ($37,700) grant will help
offset the cost of a universally accessible small boat launch at Independence Oaks
County Park; and
WHEREAS, the matching funds of twelve thousand six hundred dollars ($12,600) for the
universally accessible boat launch are allocated from the Parks and Recreation fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes and accepts the 2013 Michigan Natural Resources Trust
Fund grant award of $37,700 (75%) with a match of $12,600 (25%) from the Parks and
Recreation Fund.
BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute
the grant agreement and to approve any grant extensions or changes, within fifteen
percent (15%) of the original award, which are consistent with the original agreement as
approved.
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 with Runestad and Bosnic absent.
GRANT REVIEW SIGN OFF — Parks & Recreation
GRANT NAME: 2013 Michigan Natural Resources Trust Fund Development Grant
FUNDING AGENCY: Michigan Department of Natural Resources (DNR)
DEPARTMENT CONTACT PERSON: Melissa Prowse 248-249-2801
STATUS: Grant Acceptance
DATE: August 5, 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 (8/1/2014)
Department of Human Resources:
HR Approved (No Committee) – Lori Taylor (8/1/2014)
Risk Management and Safety:
Approved by Risk Management. –Robert Erlenbeck (8/5/2014)
Corporation Counsel:
After reviewing the above referenced grant agreement, I have no legal changes, but two comments.
First, about 3 to 4 years ago, myself and risk management attempted to change three sections of standard
Michigan Natural Resource Trust Fund Agreement. Those provision concerned insurance, defense of the
state of Michigan (contained in Section 25 of this Agreement), and ensuring the safety of all invitees and
licensees on the property (contained in Section 26 of this Agreement).
We were successful on only one issue—that being insurance. The state added that the County could use
a program of "self-insurance." We were not success on the other two issues. We tried to change the
language and it took about 2 years. We went Lansing to meet with the DNR and I even contacted the AG
assigned to the Grants Division of the DNR. Therefore, I would prefer deleting Sections 25 and 26 of the
Agreement, but I know this is not possible, if the County would like the grant.
Second, this grant agreement encumbers the entire Park (Independence Oaks and Independence Oaks
North). I see no reason for the DNR to require that the entire Park be encumbered by this grant for a
single Boat Launch. But it is my understanding that Parks has talked to the DNR grants division and the
encumbrance of the entire Park for a single boat launch is a requirement for the grant. One of the reasons
the DNR gave was that the Park is all encumbered anyway. I do not believe this is a good argument by
the DNR. But it appears if the County wants the grant, they have no other choice, but to encumber the
entire Park again.
Let me know if you have any questions. – Jody S. Hall (8/4/2014)
COMPLIANCE
The grant agreement references a number of specific federal and/or state regulations. Below is a list of
the specifically cited compliance related documents for this grant.
Natural Resources and Environmental Protection Act (Act 451 of 1994)
http://wwwlegislature. mi g ov/(S (gemru5 5fichhhi2e52 zhp bm1))/do came nts/m clip dfm cl-Act-45 1-o f- I 99 4.p df
Americans with Disabilities Act of 1990
http://www.ada , g 0 ub siada.htm
Persons with Disabilities Civil Rights Act (Act 220 of 1976)
1-ittp://www.legislature.mi. ,c)v/(S ecdx3 155 si_UCI o45wfipj f45))/documents/molhidfm cl-Act-220-of-1 97 6..p df
Utilization of Public Facilities by Physically Limited Act (Act 1 of 1966)
hap ://www. legislature.rni. gov/CS(cigk 1 armictydmd5 5 oybuzh45))/clo cuments/m31/pdf/mcl-Act-1 -of-1. 9 6 6,pdf
Elliott-Larsen Civil Rights Act (453 of 1976)
http://www.le0 slature. mi. Rov/(S (n Glfx5e3 w0 szx5zdscm ulc445))/do cuments/mcl/pdf m cl-Act-453-of-1 976 .pdf
State Contracts with Certain Employees Prohibited (Act 278 of 1980)
http ://www.legisi ature. mi. gova(k43 Oax551w13 3 h2pcn4epdn1))/do cuments/mclip dfmol-Act-27 8 -of-19 80.pdf
From: VanPelt, Laurie
To: West, Catherine; 3ulle SecontIne; Lori Tayior; Pat Davis
Cc: prowsemftoakoov.corn; heastrornWoakoov.com ; Jeff Phelps; en hi lb • Os so corn
Subject: Re: GRANT REVIEW: Parks and Recreation - 2013 Michigan Nature} Resources Trust Fund
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Accept7ince
Date: FrIday, August 01, 2014 7:33:45 AM
Approved.
-- Original message ----
>Date: Thu, 31 Jul 2014 16:23:29 -0400
>From: "West, Catherine" <westca@oakgov.com >
>Subject: GRANT REVIEW: Parks and Recreation - 2013 Michigan Natural Resources Trust Fund Develo
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Grant - Acceptance
>To.: "Julie Secontine" <secontinej@oakgov.com >,"Laurie VanPelt" <vanpeltl@oakgov.com >,"Lori Taylor"
<taylorlo@oakgov.com>,"Pat Davis' <davisp@oakgov.com>
>Cc: <prowsem@oakgov.corn>,<hegstrorni@oakgov.com >,"Jeff Phelps" <phelpsj@oakgov.corn>,
<rnenghinib@oakgov.com>
GRANT REVIEW FORM
> TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Lori
> Taylor - Julie Secontine - Pat Davis
> RE: GRANT CONTRACT REVIEW RESPONSE - Parks and
> Recreation
> 2013 Michigan Natural Resources Trust Fund
> Development Grant
> Michigan Department of Natural Resources
> Attached to this email please find the grant
> document(s) to be reviewed. Please provide your
> review stating your APPROVAL, APPROVAL WITH
> MODIFICATION, or DISAPPROVAL, with supporting
> comments, via reply (to all) of this email,
> Time Frame for Returned Comments: August?, 2014
GRANT INFORMATION
> Date: July 31, 2014
OAKLAND COUNTYPARKS
Find Us PrifacebooLcorniocParks
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
OCTOBER 1, 2 013
AGENDA ITEM NO. 7
BUSINESS STRATEGY & DEVELOPMENT
To:
From:
Submitted:
Subject:
Chairman Fisher and Commission Members
Daniel J. Stencil, Executive Officer
Melissa Prowse, Business Development Representative
September 25, 2014
2013 Michigan Natural Resources Trust Fund Grant Acceptance —
Universally Accessible Boat Launch at Independence Oaks County Park
INTRODUCTION AND HISTORY
In 2013 Oakland County Parks and Recreation applied for and was awarded a $37,700 grant from the
Michigan Natural Resources Trust Fund to install a universally accessible small boat launch at Independence
Oaks. The $37,700 is 75% of the project cost, with the remaining 25% ,($12,600) budgeted in the CIP. The
total project cost is $50,300.
This is the same type of boat launch that was funded by a 2012 Recreation Passport grant for installation at
Addison Oaks. Staff anticipates bidding the two boat launches together once this project agreement is
executed.
ATTACHMENTS
- OCPRC Grant Acceptance Resolution
MNRTF Project Agreement
- Grant Sign-Off
STAFF RECOMMENDATION
Staff recommends the Commission approve the following resolution accepting the Michigan Natural Resources
Trust Fund grant for a universally accessible small boat launch at Independence Oaks County Park.
MOTION
Move to approve the attached resolution accepting the Michigan Natural Resources Trust Fund
grant in the amount of $37,700 for a universally accessible small boat launch at independence Oaks
County Park
Michigan Department of Natural Resumes — Grante Management
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
Project Number TF13-033
Project Title: independence Oaks County Park Universal Access
Boat Launch
This Agreement is between the Michigan Department of Natural Resources for and on
behalf of the State of Michigan ("DEPARTMENT") and the COUNTY OF OAKLAND
("GRANTEE"). The DEPARTMENT has authority to issue grants to local units of
government for the development of public outdoor recreation facilities under Part 19 of the
Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended, The
GRANTEE has been approved by the Michigan Natural Resources Trust Fund (IVINRTF)
Board of Trustees (BOARD) to receive a grant, In PA 114 of 2014, the Legislature
appropriated funds from the MNRTF to the DEPARTMENT for a grant-in-aid to the
GRANTEE. As a precondition to the effectiveness of the Agreement, the GRANTEE is
required to sign the Agreement and return it to the DEPARTMENT with the necessary
attachments by Juno 18, 2014.
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 TF13-033
(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 throuq_h April 30, 2016, hereinafter referred to as the 'project period."
Requests by the GRANTEE to extend the project period shall be made in writing
before the expiration of the project period. Extensions to the project period are at the
discretion of the DEPARTMENT, The project period may be extended only by an
amendment to this Agreement.
3. This Agreement shall be administered on behalf of the DEPARTMENT through Grants
Management,
a. All reports, documents, or actions required of the GRANTEE shall be
submitted to the MiRecGrants website unless otherwise instructed by the
DEPARTMENT, Project Agreements and Amendments to them shall be sent
by regular mail to:
MICHIGAN NATURAL RESOURCES TRUST FUND
GRANTS MANAGEMENT
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30425
LANSING MI 48909-7925
1 of 15 P1U920 (Rey. Intl 0/20i4}
MICH[GAN NA7URAL REsouRCES TRUST FUND
DEvELOPIWENT PRGJEGT AGREEMENT
b. The GRANTEE'S representative for this project is:
Name:
Title:
Mailing Address:
Phone Number:
E-mail Address:
•
• FAX;
C. Ail notices, reports, requests or other communications from the
DEPARTMENT to the GRANTEE shall be sufficiently given when addressed
and sent as indicated above. The DEPARTMENT and the GRANTEE may
by written or electronic notice designate a different address to which
subsequent notices, reports, requests, or other communications shall be
sent.
4. The words "project area" shall mean the land and area described in the attached
legal description (APPENDIX A) and shown on the attached boundary map
(APPENDIX B).
5. The words "project facilities" shall mean the following individual components, as
further described in APPENDIX C.
Kayak/Canoe Boat Launch
Access Route
Additional Accessible Parking Spots
Permit Fees
MNRTF Sign
6. The DEPARTMENT agrees as follows:
a. To grant to the GRANTEE a sum of money equal to Seventy-Five in%)
percent of Fifty Thousand Three Hundred ($50,300.001 dollars, which is
the total eligible cost of construction of the project facilities including
engineering costs, but in any event not to exceed Thirty-Seven Thousand
Seven Hundred ($37,700.00) 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,
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
2 of 15 PR 1 920 (Rev. 03/i aim 4)
MICHIGAN NATURAL:RESOURCES TRUST FUND
DEVELoPMENT PROJECT AGREEMENT
DEPARTMENT, including but not limited to copies of invoices,
cancelled checks, and/or list of force account time and attendance
records.
Hi. 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 an MNRTF 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 Twelve Thousand Six
Hundred ($12,600.00) dollars in local match. This sum represents TwerrtV-
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. 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 and signed by the GRANTEE'S Prime
Professional.
iii. Upon written DEPARTMENT approval of plans, specifications and bid
documents, openly advertise and seek written bids for contracts for
purchases or services with a value equal to or greater than $10,000
3 of 15 PRI P2a {ReV. afamA)
I's:IMF-WAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
nd 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 quote as determined by the GRANTEE'S Prime
Professional.
v, Maintain detailed written records of the contracting processes used
and to submit these records to the DEPARTMENT upon request.
vi, Complete construction to all applicable local, state and federal codes,
as amended; including the federal Americans with Disabilities Act
(ADA) of 1990, as amended; the Persons with Disabilities Civil Rights
Act, Act 220 of 1976, as amended; the Playground Equipment Safety
Act, 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 463 of 1976, as amended.
vii. Bury all new telephone and electrical wiring within the project area,
Ali. Correct any deficiencies discovered at the final inspection within 90
days of written notification by the DEPARTMENT. These corrections
shall be made at the GRANTEE'S expense and are eligible for
reimbursement at the discretion of the DEPARTMENT and only to the
degree that the GRANTEE'S prior expenditures made toward
completion of the project are less than the grant amount allowed
under this Agreement.
d. To operate the project facilities for a minimum of their useful life as determined
by the DEPARTMENT, to regulate the use thereof to the satisfaction of the
DEPARTMENT, and to appropriate such monies and/or provide such services
as shall be necessary to provide such adequate maintenance,
e. To provide to the DEPARTMENT for approval, a complete tariff schedule
containing all charges to be assessed against the public utilizing the project
area and/or any of the facilities constructed thereon, and to provide to the
DEPARTMENT for approval, all amendments thereto before the effective date
of such amendments. Preferential membership or annual permit systems are
prohibited on grant assisted sites, except to the extent that differences in
admission and other fees may be instituted on the basis of residence.
Nonresident fees shall not exceed twice that charged residents, lf 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.
4of15 PRi926 (Rev. 03/1812014)
MICHIGAN NATURAL RESOURCS TRUST FUND
CIVELoPmENT PROJECT AGRDEmENT
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 outdoor recreation program,
h. To furnish the DEPARTMENT, upon request, detailed statements covering
the annual operation of the project area and/or project facilities, including
income and expenses and such other information the DEPARTMENT might
reasonably require.
i. To maintain the premises in such condition as to comply with all federal,
state, and local laws which may be applicable and to make any and all
payments required for all taxes, fees, or assessments legally imposed
against the project area.
To erect and maintain a sign on the property which designates this project
as one having been constructed with the assistance of the IVINRTF. The
size, color, and design of this sign shall be in accordance with
DEPARTMENT specifications.
k, To conduct a dedication/ribbon-cutting ceremony as soon as possible after
the project is completed and the MNRTF sign is erected within the project
area. At least 30 days prior to the dedication/ribbon-cutting ceremony, the
DEPARTMENT must be notified in writing of the date, time, and location of
the dedication/ribbon-cutting ceremony. GRANTEE shall provide notice of
ceremony in the local media. Use of the grant program logo and a brief
description of the program are strongly encouraged in public recreation
brochures produced by the GRANTEE. At the discretion of the
DEPARTMENT, the requirement to conduct a dedication/ribbon-cutting
ceremony may be waived.
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 Jan uary 2014 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.
9. To be eligible for reimbursement, the GRANTEE shall comply with the
DEPARTMENT requirements, At a minimum, the GRANTEE shall:
a. Submit a written progress report every 180 days during the project period.
b. Submit complete requests for partial reimbursement when the GRANTEE is
eligible to request at least 25 percent of the grant amount and construction
contracts have been executed or construction by force account labor has
begun.
c. Submit a complete request for final reimbursement within 90 days of project
completion and no later than July 31, 2016. If the GRANTEE fails to submit
a complete final request for reimbursement by July 31, 2016, the
5 of 15 PR1920 (Rev. 0311812014)
MICHIGAN NATURAL REsounes TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
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, following project completion, the GRANTEE shall
obtain prior written authorization from the DEPARTMENT before implementing a
change that significantly alters the project facilities as constructed and/or the project
area, including but not limited to discontinuing use of a project facility or making a
significant change in the recreational use of the project area. Changes approved by
the DEPARTMENT pursuant to this Section may also require prior approval of the
BOARD, as determined by the DEPARTMENT.
11. All project facilities constructed or purchased by the GRANTEE under this
Agreement shall be placed and used at the project area and solely for the purposes
specified in APPENDIX C and this Agreement.
12, The project area and all facilities provided thereon and the land and water access
ways to the project facilities shall be open to the general public at all times on equal
and reasonable terms. No individual shall be denied ingress or egress thereto or
the use thereof on the basis of sex, race, color, religion, national origin, residence,
age, height, weight, familial status, marital status, or disability,
13. Unless an exemption has been authorized by the DEPARTMENT pursuant to this
Section, the GRANTEE hereby represents that it possesses fee simple title, free of
all liens and encumbrances, to the project area. The fee simple title acquired shall
not be subject to: 1) any possibility of reverter or right of entry for condition broken
or any other executory limitation which may result in defeasance of titie or 2) to any
reservations or prior conveyance of coal, oil, gas, sand, gravel or other mineral
interests. For any portion of the project area that the GRANTEE does not possess
in fee simple title, the GRANTEE hereby represents that it has:
a. Received a written exemption from the DEPARTMENT before the execution
of this Agreement, and
b. Received prior written approval from the DEPARTMENT of a lease and/or
easement for any portion of the property not held in fee simple title as
indicated in written correspondence from the DEPARTMENT dated
and
c, Supplied the DEPARTMENT with an executed copy of the approved lease or
easement, and
d, Confirmed through appropriate legal review that the terms of the lease or
easement are consistent with GRANTEE'S obligations under this Agreement
and will not hinder the GRANTEE'S ability to comply with all requirements of
this Agreement. In no case shall the lease or easement tenure be less than
20 years from the date of execution of this Agreement.
B of 15 PR1820 (Rev, 0311812014)
MICHiGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PRO,.MOT AGRaEmENT
14. The GRANTEE shall not allow any encumbrance, lien, security interest, mortgage or
any evidence of indebtedness to attach to or be perfected against the project area
or project facilities included in this Agreement.
15. None of the project area, nor any of the project facilities constructed under this
Agreement, shall be wholly or partially conveyed in perpetuity, either in fee,
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 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 outdoor recreation, scenic beauty sites, and
recreation facilities beyond the financial contribution alone and permanently
commits the project area to Michigan's outdoor recreation estate, therefore:
a, The GRANTEE agrees that the project area or any portion thereof will not be
converted to other than public outdoor recreation use without prior written
approval by the DEPARTMENT and the BOARD and implementation of
mitigation approved by the DEPARTMENT and the BOARD, including but
not limited to replacement with land of similar recreation usefulness and fair
market value.
b. Approval of a conversion shall be at the sole discretion of the
DEPARTMENT and the BOARD.
c. Before completion of the project, the GRANTEE and the DEPARTMENT
may mutually agree to alter the project area through an amendment to this
Agreement to provide the most satisfactory public outdoor recreation area.
17. Should title to the lands in the project area or any portion thereof be acquired from
the GRANTEE by any other entity through exercise of the power of eminent domain,
the GRANTEE agrees that the proceeds awarded to the GRANTEE shall be used to
replace the lands and project facilities affected with outdoor recreation lands and
project facilities of equal or greater fair market value, and of reasonably equivalent
usefulness and location, The DEPARTMENT and BOARD shall approve such
replacement only upon such conditions as it deems necessary to assure the
replacement by GRANTEE of other outdoor recreation properties and project
facilities of equal or greater fair market value and of reasonably equivalent
usefulness and location. Such replacement land shall be subject to all the
provisions of this Agreement.
18, The GRANTEE acknowledges that:
a The GRANTEE has examined the project area and has found the property
safe for public use or actions will be taken by the GRANTEE before beginning
the project to assure safe use of the property by the public, and
7 of 16
R1920 (Rev, 05)1512014)
MICE-(EGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
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 DEPARTMENTS involvement in the premises is limited solely to the
making of a grant to assist the GRANTEE in developing same,
19, The GRANTEE assures the DEPARTMENT that the proposed State-assisted action
will not have a negative effect on the environment and, therefore, an Environmental
Impact Statement is not required.
20. The GRANTEE hereby acknowledges that this Agreement does not require the
State of Michigan to issue any permit required by law to construct the outdoor
recreational project that is the subject of this Agreement, Such permits include, but
are not limited to, permits to fill or otherwise occupy a floodplain, and permits
required under Parts 301 and 303 of the Natural Resources and Environmental
Protection Act, Act 451 of the Public Acts 451 of 1994, as amended.
It is the sole responsibility of the GRANTEE to determine what permits are required
for the project, secure the needed permits and remain in compliance with such
permits,
21. Before the DEPARTMENT will approve plans, specifications, or bid documents; or
give written approval to the GRANTEE to advertise, seek quotes, or incur costs for
this project, the GRANTEE must provide documentation to the DEPARTMENT that
indicates either:
a. it is reasonable for the GRANTEE to conclude, based on the advice of an
environmental consultant, as appropriate, that no portion of the project area
is a facility as defined in Part 201 of the Michigan Natural Resources and
Environmental Protection Act, Act 451 of the Public Acts of 1994, as
amended;
or
b. If any portion of the project area is a facility, documentation that Department
of Natural Resources-approved response actions have been or will be taken
to make the site safe for its intended use within the project period, and that
implementation and long-term maintenance of response actions will not
hinder public outdoor recreation use and/or the resource protection values of
the project area,
22. If the DEPARTMENT determines that, based on contamination, the project area will
not be made safe for the planned recreation use within the project period, or
another date established by the DEPARTMENT in writing, or if the DEPARTMENT
determines that the presence of contamination will reduce the overall usefulness of
the property for public recreation and resource protection, the grant may be
cancelled by the MNRTF Board with no reimbursement made to the GRANTEE.
8 of 15 Fliim (Rey, am 8/2014)
MICHIGAN NATURAL RESOURCS TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
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.
24. Nothing in this Agreement shall be construed to impose any obligation upon the
DEPARTMENT to operate, maintain or provide funding for the operation and/or
maintenance of any recreational facilities in the project area.
25, The GRANTEE hereby represents that it will defend any suit brought against either
party which involves title, ownership, or any other rights, whether specific or general
rights, including appurtenant riparian rights, to and in the project area of any lands
connected with or affected by this project,
26. The GRANTEE is responsible for the use and occupancy of the premises, the
project area and the facilities thereon, The GRANTEE is responsible for the safety
of all individuals who are invitees or licensees of the premises. The GRANTEE will
defend all claims resulting from the use and occupancy of the premises, the project
area and the facilities thereon. The DEPARTMENT is not responsible for the use
and occupancy of the premises, the project area and the facilities thereon,
27. Failure by the GRANTEE to comply with any of the provisions of this Agreement
shall constitute a material breach of this Agreement.
28, Upon breach of the Agreement by the GRANTEE, the DEPARTMENT, in addition to
any other remedy provided by law, may:
a. Terminate this Agreement; and/or
b. Withhold and/or cancel future payments to the GRANTEE on any or all
current recreation grant projects until the violation is resolved to the
satisfaction of the DEPARTMENT; and/or
c. Withhold action on all pending and future grant applications submitted by the
GRANTEE under the Michigan Natural Resources Trust Fund, the Land and
Water Conservation Fund; and the Recreation Passport Grant Program;
and/or
d. Require repayment of grant funds already paid to GRANTEE,
e. Require specific performance of the Agreement.
29, The GRANTEE agrees that the benefit to be derived by the State of Michigan from
the full compliance by the GRANTEE with the terms of this Agreement is the
preservation, protection and the net increase in the quality of public outdoor
9 of 15 PRi920 (Rev. 0311812014)
MIGI-EGAN NATURAL RESOURCES TRUST FUND
DEVELOPMNT PROJECT AGREEMENT
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.
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 Licensing and Regulatory Affairs
pursuant to Public Act No. 278 of 1980.
33. The GRANTEE may not assign or transfer any interest in this Agreement without
prior written authorization of the DEPARTMENT.
34. The rights of the DEPARTMENT under this Agreement shall continue in perpetuity,
35. The Agreement may be executed separately by the parties. This Agreement is not
effective until:
a. The GRANTEE has signed the Agreement and returned it together with the
necessary attachments within 60 days of the date the Agreement is issued
by the DEPARTMENT, and
b. The DEPARTMENT has signed the Agreement. 1N WITNESS WHEREOF,
the parties hereto have hereunto set their hands and seals, on this date.
Approved by resolution (true copy attached) of the
meeting of the
(special or regular) (name of approving body)
10 of 15 PRi 920 (Rev. 0311812014)
date
MtcHIGAN NATURAL RESOLJRCES TRUST FUND
DEVELOPMENT PROJECT AOREW ENT
GRANTEE
SIGNED: WITNESSED BY:
By
Print Name:
Title:
Date:
Grantee's Federal ID#
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
SIGNED: WITNESSED BY:
By
Steven J, DeBrabander
Title: Manager, Grants Management 2)
Date:
2)
PR1920 (Rey. 03/15/2014)
MICHIGAN N ATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
APPENDIX A
LEGAL DESCRIPTION OF THE PROJECT AREA
12 of 16 P111920 (Rev. 0311812014)
Independence Oa ks Parcel Descriptions
0809200004
T4N, R9E, SEC 3, 4, 9, 10&16 SW 1/4 OF SEC 3, SE 114 OF SW 1/4 OF SEC 4, SE 1/4 OF SEC 4, E 1/2 OF NW 114 OF SEC 9,
NE 1/4 OF SEC 9, PART OF SW 1/4 OF SEC 9, BEG AT PT 01ST N 00-03-35 E 1005.23 FT FROM S 1/4 COR, TH S 89-20-46 W
131739 Fr, TA N 00-21-17 W 1646 FT, TH N 89-20-46 E 1329.31 FT, TN S 00-03-35W 1646.11 FT TO BEG, ALSO THAT
PART OF W 1/2 OF SE 1/4 OF SEc 9 LYING W OF CEN LINE OF PERRY LAKE RD EXC BEG AT FT 01ST N 00-03-39 E473.88 FT
FROM S 1/4 COB, TA N 00-09-35 E 531.35 FT, TN N 89-20-46 E 28130 FT, TI S 27-50-28 W 604.55 FTTO BEG, ALSO PART
OF SE 1/4 OF SEC 9 BEG AT SE SEC COR,TH S 89-29-09 W 1163,19 FT, TA N 00-03-55 W 2659.29 FT, TN N 89-24-21 E
1156.79 PT, TN S 00-12-13 62654,87 FT TO BEG, ALSO NW 1/4 OF SEC 10, ALSO PART OF SW 1/4 OF SEC 10 BEG AT PT
01ST 5 89-17-25 W 664.49 FT FROM CEN OF SEC, TH S 89-17-25W 1994,07 FT, TN S 00-12-13 E 1817.07 FT, TN N 89-36-26
E 1988.67 FT, TH N 00-02-45W 1828,12 FT TO BEG, ALSO WLY 1/2 OF 510 AC OF N 3/4 OF SW 1/4 OF SEC 10, ALSO 5 2/2
OF S 1/2 OF SW 1/4 OF SEC 10 EXO BEG AT S 1/4 COR, TA S 89-29-09 W 1324.46 FT, TEl N 00-05-54W 670 FT, TH N 89-36-
26 E 1325.67 FT, TN S 00-00-24 W 667.21 FTTO BEG, ALSO PART OF NE 1/4 OF SEC 16 BEG AT NE SEC COR, TA S 89-29-09
W 1330,09 FT, TA S 00-15-07 E 1326.02 FT, TI-15 89-57-526 1324.08 FT, TH N 00-00-19 E 1398,76 FT TO BEG EXC THAT
PART IN sc a & 10 TAKEN FOR WIDENING OF SASHABAW RD, ALSO EXC PART OF NE 1/40F SEC 9 TAKEN FOR RD DESC
AS BEG AT PT DIST s 89-24-24W 1650,88 FT FROM 114 COR,TH S 89-24-24W 160 FT, TA N 16-49-54 E 140 FT, TN N 89-
24-24 E 160 FT, TH S 16-49-54W 140 FTTO BEG 1045,25 A 1/11/89 FR 003 & 0810300005 5-21-98 CORR
0815400007
T4N, ROE, SEC 15 PART OF NW 1/4 BEG AT NW SEC COR, TA N 89-29-09 E 1275.58 FT, TA S 01-07-07 5 887.85 FT, TEl 5 50-
23-16 W 719.19 FT, TH 5 89-41-30 W 738.95 FT, TA N 00-00-19 E 1338.76 FT TO BEG 36,73 A 06113/84 FR 001
0803401004
T4N, ROE, SEC 3 SUPERVISOR'S PLAT NO 11 PART OF LOT 80 BEG AT MOST ELY LOT COB, TN S 46-39-40W 161.41 FT, TH
47-56-20 W 117.48 FT, TH N 51-07-06W 561.61 FT TO N LOT LINE, TH N 89-37-30 E 315.11 FT, TA S 63-11-20 E 366,05 FT
TO BEG
0803201087
T4N, ROE, SEC 3 THAT PART OF S 78.14 ACRES OF E 1/2 OF NE FRC 1/4 LYING NLY OF CEN LINE SASHABAW RD, ALSO
THAT PART OF W 1/2 OF NE FRC 1/4 LYING NLY OF CEN LINE OF SASHABAW RD, EXC BEG AT PT 01ST 51602,15 FT FROM
NE SEC COB, TA S 399,94 FT, TH N 30-00-20W 646.12 FT, TH N 4-3-45-00 W 616.12 ET, TA N 20-53-00 E 221.24 FT, TH S
43-45-00 E 735,04 FT, TN S 30-00-20 E 323.88 FT TO BEG, ALSO EXC THAT PART IN PARCEL DEsc AS BEG AT PT LASTS 89-
37-27 E 935.06 ET FROM N 114 CoR, TN S 89-37-27 E 28334 FT, TH S 44-43-27 E 345.50 FF,TH 543-45-00 E 235.26 FT, TN
s 62-52-00 W 208.72 FT, TN N 43-45-DOW 293.24 FT, TH N 44-43-27 W 544.50 P110 BEG, Also EXC THAT PART LYING
NELY OF LAST DESC EXCEPTION, ALSO PART OF NW 1/4 BEG AT P1 01ST 500-09-46 E 1372 FT FROM N 1/4 COB, TN 5 00-
09-46 E 146.38 FT, TN N 49-21-08W 224.61 FT, TAN 89-58-36 E 170 FT To BEG 15439 A 10-11-94 FR 001,ALsO
100-012
0803201006
T4N, R9E, SEC 3 E 1/2 OF NE FRC 1/4 MS 78.14 ACRES, ALSO EXC THAT PART IN PARCEL DESC AS BEG AT PT DiST S 89-
37-27 E 935,06 FT FROM N 1/4-COB, TN 5 89-37-27 6283.34 FT, TH 544-43-27 E 345.50 FT, TH S 49-45-00 E 235,26 FT, TN
S 62-52-00 W 20832 FT, TH N 43-45-00 W 293,24 FT, TI-) N 44-43-27W 544.50 FT TO BEG, ALSO THAT PART OF W 1/2 OF
NE 1/4 LYING N ELY OF LINE DESC AS BEG AT PT 01ST S 89-37-27 E 1218.40 FT FROM N 114 COB, TN S 44-43-27 E TO E
LINE OF W 1/2 OF NE1/4 23,69 A 5-11-87 FROM 003 & 004
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
APPENDIX B
BOUNDARY MAP OF THE PROJECT AREA
13 of 15 PR1920.IRcv. 03('02014)
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MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
APPENDIX C
RECREATION GRANT APPLICATION -TT 13-033
(incorporated herein by reference)
14 of 15 PRtgzo (Rev. oV18t2o14)
FY2015
$37,700
($37,700)
$ - 0 —
FISCAL NOTE (MISC. #14263) November 19, 2014
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — 2013 MICHIGAN NATURAL
RESOURCES TRUST FUND 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 awarded a
TF13-033 Universally Accessible Boat Launch Grant from the Michigan Natural
Resources Trust Fund.
2. The grant award of $37,700 (75%) will be used to be used to offset the cost of a
universally accessible small boat launch at Independence Oaks County Park.
3. Matching funds of $12,600 (25%) for the universally accessible boat launch are
allocated from the Parks and Recreation fund.
4. A budget amendment is recommended.
PARKS AND RECREATION FUND #50800
Revenues:
5060201-160925-690189 Capital Asset Contribution
5060666-160666-665882 Planned Use of Balance
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott and Crawford absent.
Resolution *14263 November 19, 2014
Moved by Spisz supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Gershenson, Gingell, Gosselin, Hatchett, 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 amended
Consent Agenda were adopted (with accompanying reports being accepted),
NgnativAPP VE THIS RESOLUTION
CHIP OEPUTY COUNTY EXECUTIVE
AQTINQ PURSUANT TO ItrICL 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 November
19th, 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 19th day of November 2014.
11144/ 4P017"'(--
Lisa Brown, Oakland County