HomeMy WebLinkAboutResolutions - 2015.07.16 - 21898MISCELLANEOUS RESOLUTION #15171 July 16, 2015
BY: Planning and Building Committee, Philip Weipert, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — 2014 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
TF14-0066 Universally Accessible Fishing Pier from the Michigan Natural Resources Trust Fund; and
WHEREAS the thirty six thousand three hundred dollar ($36,300) grant will help offset the cost of a
universally accessible fishing pier at Groveland Oaks County Park; and
WHEREAS the matching funds of twelve thousand two hundred dollars ($12,200) for the universally
accessible fishing pier are allocated from the Parks and Recreation fund.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and
accepts the 2014 Michigan Natural Resources Trust Fund grant award of $36,300 for the construction of
a universally accessible fishing pier at Groveland Oaks County Park.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board's
Chairperson, or his designee, to execute the grant agreement.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTE
/F° A
PLANNING AND BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jackson absent.
GRANT REVIEW SIGN OFF Parks & Recreation
GRANT NAME: 2014 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: April 17,2015
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 (4/2/2015)
Department of Human Resources:
HR Approved (No Committee) — Lori Taylor (4/2/2015)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (4/8/2015)
Corporation Counsel:
There are no outstanding legal issues with the above grant. — Joellen Shortley (4/17/2015)
Michigen Natttral Resources Trust Fund
Development Project Agreement
Oaks Park
Michigan Department of Natural Resources - Grants Management
Michigan Natural Resources Trust Fund
Development Project Agreement
Project Number : TF14-0066
Project Title : Universally Accessible Fishing Pier at Groveland
This Agreement is between the Michigan Department of Natural Resources for and on behalf of the State of
Michigan ("DEPARTMENT") and the Oakland County IN THE COUNTY OF Oakland County
("GRANTEE"). The DEPARTMENT has authority to issue grants to local units of government for the
development of public outdoor recreation facilities under Part 19 of the Natural Resources and Environmental
Protection Act, Act 451 of 1994, as amended. The GRANTEE has been approved by the Michigan Natural
Resources Trust Fund (MNRTF) Board of Trustees (BOARD) to receive a grant. In PA 7 of 2015, 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 0513112015.
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 TF14-0066 (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 0410112015 through 03131/2017, 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, All
reports, documents, or actions required of the GRANTEE shall be submitted through the MiRecGrants
website unless otherwise instructed by the DEPARTMENT.
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.
Fishing Pier or Dock
Pathway - 6' - 8' wide
Paved Parking Lot
6. The DEPARTMENT agrees as follows:
a. To grant to the GRANTEE a sum of money equal to Seventy-Five (75%) Percent of Forty Eight
Thousand Five Hundred (648,500.00) dollars and Zero Cents, which is the total eligible cost
of construction of the project facilities including engineering costs, but in any event not to exceed
TF14-0066
Page 1 of 13 PR1915 (Rev. 0112812014)
Michigan Natural Resources Trust Fund
nevolopment ProjestAgraersont
Thirty Six Thousand Three Hundred ($36,300.001 dollars and Zero Cents.
b. To grant these funds in the form of reimbursements to the GRANTEE for eligible costs and
expenses incurred as follows:
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 through the MiRecGrants
website, 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 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 Two Hundred ($12,200.00) dollars and Zero
Cents 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:
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.
TF14-0066 Page 2 of 13 PR1915 (Rev. 01/28/2014)
Michigan Natural Resources Trust Fund
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 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 2010, 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. 'I 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 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. 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.
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.
TF14-0066 Page 3 of 13 PR1915 (Rev. 01/28/2014)
MIchlgan Natural Resources Trust Fund
Development Project Agreement
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 which designates this project as one having been
constructed with the assistance of the MNRTF. 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 January 1,
2015 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 0613012017. If the GRANTEE fails to submit a complete final request for reimbursement
by 06/30/2017, 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, 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
1T14-0006
Page 4 of 13 PR1915 (Rev. 01/2812014)
Michigan Natural Resources Trust Fund
Development Project Agreement
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 p
l
a
c
e
d
and used at the project area and solely for the purposes specified in APPENDIX C and this Agreem
e
n
t
.
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 in
d
i
v
i
d
u
a
l
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
t
h
e
project area. The fee simple title acquired shall not be subject to: 1) any possibility of reverter o
r
r
i
g
h
t
o
f
entry for condition broken or any other executory limitation which may result in defeasance of title or
2
)
t
o
any reservations or prior conveyance of coal, oil, gas, sand, gravel or other mineral interests.
F
o
r
a
n
y
portion of the project area that the GRANTEE does not possess in fee simple title, the GRANTEE he
r
e
b
y
represents that it has:
a. Supplied the DEPARTMENT with an executed copy of the approved lease or easement, and
b. Confirmed through appropriate legal review that the terms of the lease or easement are consisten
t
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 b
e
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 evidenc
e
o
f
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, sha
l
l
b
e
wholly or partially conveyed in perpetuity, either in fee, easement or otherwise, or leased for a term o
f
years or for any other period, nor shall there be any whole or partial transfer of the lease title, o
w
n
e
r
s
h
i
p
,
or right of maintenance or control by the GRANTEE except with the written approval and consent of
t
h
e
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 lastin
g
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 recre
a
t
i
o
n
estate, therefore:
a, The GRANTEE agrees that the project area or any portion thereof will not be converted to othe
r
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 BOAR
D
.
TF44-0066 Page 5 of 13 PR1915 (Rev. 01)28/2014)
Nlichldan Natural Resources Trust Fund
Development Project Agreement
c, Before completion of the project, the GRANTEE and the DEPARTMENT may mutu
a
l
l
y
a
g
r
e
e
t
o
alter the project area through an amendment to this Agreement to provide the most sati
s
f
a
c
t
o
r
y
public outdoor recreation area.
17. Should title to the lands in the project area or any portion thereof be acquired from the G
R
A
N
T
E
E
b
y
a
n
y
other entity through exercise of the power of eminent domain, the GRANTEE agree
s
t
h
a
t
t
h
e
p
r
o
c
e
e
d
s
awarded to the GRANTEE shall be used to replace the lands and project facilities affec
t
e
d
w
i
t
h
o
u
t
d
o
o
r
recreation lands and project facilities of equal or greater fair market value, and of rea
s
o
n
a
b
l
y
e
q
u
i
v
a
l
e
n
t
usefulness and location. The DEPARTMENT and BOARD shall approve such replaceme
n
t
o
n
l
y
u
p
o
n
such conditions as it deems necessary to assure the replacement by GRANTEE of
o
t
h
e
r
o
u
t
d
o
o
r
recreation properties and project facilities of equal or greater fair market value and of
r
e
a
s
o
n
a
b
l
y
equivalent usefulness and location, Such replacement land shall be subject to all the provi
s
i
o
n
s
o
f
t
h
i
s
Agreement.
18. The GRANTEE acknowledges that:
a. The GRANTEE has examined the project area and has found the property safe for p
u
b
l
i
c
u
s
e
o
r
actions will be taken by the GRANTEE before beginning the project to assure safe use of t
h
e
property by the public, and
b. The GRANTEE is solely responsible for development, operation, and maintenance of
t
h
e
p
r
o
j
e
c
t
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 o
f
a
g
r
a
n
t
t
o
assist the GRANTEE in developing same,
19. The GRANTEE assures the DEPARTMENT that the proposed State-assisted action w
i
l
l
n
o
t
h
a
v
e
a
negative effect on the environment and, therefore, an Environmental Impact Statement is
n
o
t
r
e
q
u
i
r
e
d
.
20. The GRANTEE hereby acknowledges that this Agreement does not require the State o
f
M
i
c
h
i
g
a
n
t
o
issue any permit required by law to construct the outdoor recreational project tha
t
i
s
t
h
e
s
u
b
j
e
c
t
o
f
t
h
i
s
Agreement. Such permits include, but are not limited to, permits to fill or otherwise occ
u
p
y
a
f
l
o
o
d
p
l
a
i
n
,
and permits required under Parts 301 and 303 of the Natural Resources and Environmenta
l
P
r
o
t
e
c
t
i
o
n
Act, Act 451 of the Public Acts 451 of 1994, as amended, It is the sole responsibilit
y
o
f
t
h
e
G
R
A
N
T
E
E
t
o
determine what permits are required for the project, secure the needed permits and rem
a
i
n
i
n
compliance with such permits.
21 Before the DEPARTMENT will approve plans, specifications, or bid documents; or
g
i
v
e
w
r
i
t
t
e
n
a
p
p
r
o
v
a
l
to the GRANTEE to advertise, seek quotes, or incur costs for this project, the GRANTE
E
m
u
s
t
p
r
o
v
i
d
e
documentation to the DEPARTMENT that indicates either:
a. It is reasonable for the GRANTEE to conclude, based on the advice of an environmenta
l
consultant, as appropriate, that no portion of the project area is a facility as defined in Pa
r
t
2
0
1
o
f
the Michigan Natural Resources and Environmental Protection Act, Act 451 of the P
u
b
l
i
c
A
c
t
s
o
f
1994, as amended;
or
TF14-0065 Panes of 13 PR1915 (Rev. 01/28/2014)
Michigan Natural Resources Trost Fund
Development Project Agreement
b. If any portion of the project area is a facility, documentation that Department of Nat
u
r
a
l
Resources-approved response actions have been or will be taken to make the site safe
f
o
r
i
t
s
intended use within the project period, and that implementation and long-term mainte
n
a
n
c
e
o
f
response actions will not hinder public outdoor recreation use and/or the resource prote
c
t
i
o
n
values of the project area.
22, If the DEPARTMENT determines that, based on contamination, the project area
w
i
l
l
n
o
t
b
e
m
a
d
e
s
a
f
e
f
o
r
the planned recreation use within the project period, or another date established by t
h
e
D
E
P
A
R
T
M
E
N
T
in writing, or if the DEPARTMENT determines that the presence of contamination
w
i
l
l
r
e
d
u
c
e
t
h
e
o
v
e
r
a
i
l
usefulness of the property for public recreation and resource protection, the grant may
b
e
c
a
n
c
e
l
l
e
d
b
y
the MNRTF Board with no reimbursement made to the GRANTEE.
23. The GRANTEE shall acquire and maintain insurance which will protect the GRANTEE from claims which
may arise out of or result from the GRANTEE'S operations under this Agreement, wh
e
t
h
e
r
p
e
r
f
o
r
m
e
d
b
y
the GRANTEE, a subcontractor or anyone directly or indirectly employed by the GRANTE
E
,
o
r
a
n
y
o
n
e
f
o
r
whose acts may hold them liable. Such insurance shall be with companies authorize
d
t
o
d
o
b
u
s
i
n
e
s
s
i
n
the State of Michigan in such amounts and against such risks as are ordinarily carried by
s
i
m
i
l
a
r
e
n
t
i
t
i
e
s
,
including but not limited to public liability insurance, worker's compensation insuran
c
e
o
r
a
p
r
o
g
r
a
m
o
f
self-insurance complying with the requirements of Michigan law, The GRANTEE shall pr
o
v
i
d
e
e
v
i
d
e
n
c
e
of such insurance to the DEPARTMENT at its request.
24. Nothing in this Agreement shall be construed to impose any obligation upon the DEPA
R
T
M
E
N
T
t
o
operate, maintain or provide funding for the operation and/or maintenance of any recrea
t
i
o
n
a
l
f
a
c
i
l
i
t
i
e
s
i
n
the project area
25. The GRANTEE hereby represents that it will defend any suit brought against either party wh
i
c
h
i
n
v
o
l
v
e
s
title, ownership, or any other rights, whether specific or general rights, including appur
t
e
n
a
n
t
r
i
p
a
r
i
a
n
rights, to and in the project area of any lands connected with or affected by this projec
t
.
26, The GRANTEE is responsible for the use and occupancy of the premises, the project ar
e
a
a
n
d
t
h
e
facilities thereon. The GRANTEE is responsible for the safety of all individuals who
a
r
e
i
n
v
i
t
e
e
s
o
r
licensees of the premises. The GRANTEE will defend all claims resulting from the use
a
n
d
o
c
c
u
p
a
n
c
y
o
f
the premises, the project area and the facilities thereon. The DEPARTMENT is no
t
r
e
s
p
o
n
s
i
b
l
e
f
o
r
t
h
e
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 c
o
n
s
t
i
t
u
t
e
a
material breach of this Agreement.
28. Upon breach of the Agreement by the GRANTEE the DEPARTMENT, in addition to any ot
h
e
r
r
e
m
e
d
y
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 recreat
i
o
n
g
r
a
n
t
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 un
d
e
r
t
h
e
Michigan Natural Resources Trust Fund and the Land and Water Conservation Fund;
a
n
d
/
o
r
TF14-0066 Page 7 of 13 PR1915 (Rev. 01/28/2014)
Michigan Natural Resources Trust Fund
Development Project Agreement
d. Require repayment of grant funds already paid to GRANTEE.
e. Require specific performance of the Agreement.
29. The GRANTEE agrees that the benefit to be derived by the State of Michigan from the full compliance by
the GRANTEE with the terms of this Agreement is the preservation, protection and the net increase in the
quality of public outdoor recreation facilities and resources which are available to the people of the State
and of the United States and such benefit exceeds to an immeasurable and unascertainable extent the
amount of money furnished by the State of Michigan by way of assistance under the terms of this
Agreement. The GRANTEE agrees that after final reimbursement has been made to the GRANTEE,
repayment by the GRANTEE of grant funds received would be inadequate compensation to the State 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 Labor and Economic Growth 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
TF14-0066 Page 8 of 13 PR1915 (Rev. 01/28)2014)
Michigan Natural Resourcas Trust Fund
Davelapment Project Agreement
b. The DEPARTMENT has signed the Agreement. IN WITNESS WHERE
O
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,
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p
a
r
t
i
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s
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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)
GRANTEE
SIGNED:
WITNESSED BY:
By:
Print Name:
Title:
Date:
Grantee's Federal ID#
38-6004876
2)
MICHIGAN DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMEN
T
SIGNED'
By: 1)
Steve DeBrabander
WITNESSED BY:
Title: Manager, Grants Management
2)
Date: ,
TF14-0056 Page 9 of 13 PR1915 (Rev. 0112812014)
Michigan Natural Resources Trust Fund
Development Project Agreement
APPENDIX A
LEGAL DESCRIPTION OF THE PROJECT AREA
TF14-0066
Page 10 of 13 PR1915 (Rev. 01/26/2014)
GROVELAND OAKS KEYP1N PROPERTYPE 0219201005 T5N, R8E, SEC 19 & 20 PART OF N 112 OF SEC 19 & PART OF NW 1/4 OF SEC 20 ALL DESC AS BEG AT PT DIST N 88-21-48W 654.93 FT FROM NE COR OF SEC 19, TN S 01-52-35W 5726 FT, TN ALG CURVE TO RIGHT, RAD 30 FT, CHORD BEARS S 12-55-55W 10.82 FT, 01ST OF 10.88 FT, TH ALG CURVE TO LEFT, RAD 174.66 FT, CHORD BEARS S 06-00-48W 100.04 FT, DIST OF 101.46 FT, TH S 10-37-40 E 144,16 FT, TH S79-22-20 W 220 FT, Tli S 10-37-40 E 233.36 FT, TH S49-31-40 E 275.99 FT, TH S 15-05-30 E 180.43 FT, TH S 15-05-30 E 131.37 FT, TH S 39-17-00 E 787.90 FT, TH S 04-17-00 E 367.17 Fr, TH N 76-33-00 E 508.04 FT TO POINT 22 FT W OF CENI UNE OF THREAD CREEK, TN ALG A TRAVERSE LINE N 27-50-17 E 67.05 FT TN N 78-33-00 E TO SE COR OF LOT 72 OF 'GROVELAND VALLEY ESTATES NO 1', TH S 02-13-35W 252 FT, TH S 88-29-08 E 932.95 FT, TH s 02-1z-as W 659.02 FT, TH N 88-29-08W 1993.94 FT TOW 1/4 COR OF SEC 20, TH N 88-14-04W 2038.94 FT TO OEN LINE OF DIXIE I-IWY, TH ALG CURVE TO RIGHT, RAD 2865 FT, CHORD BEARS N 22-09-08W 491.11 FT, DIST OF 491.71 FT, TN N 17-14-08W 1972.05 FT, TN S 88-21-48 E 542.66 FT, TN N 01-38-12 E 330 FT TO CEN LINE OF TRIPP RD, TN S 88-21-48 E 1718.65 FT TO BEG, ALSO PART OF NW 1/4 OF SE 1/4 OF SEC 19 BEG AT PT 01ST N 86-57-30W 1726.77 FT FROM E 114 COR, TN S 03-15-30W 363 FT, TN ALG CURVE TO RIGHT, RAD 2804.79 Fr, CHORD BEARS N 31-01- 53 W 438.22 FT, DIST OF 438.67 Fr, TN S 86-57-30 E 246.89 FT TO BEG 165.14 A 8-28-92 FR 004 & 402-001 . 0219426001 -T5N, R8E, SEC 19 THAT PART OF E 1/2 OF SE 1/4 LYING N OF US-10 HWY 43 A 0220301001 T5N, R8E, SEC 20 THAT PART OF SW 114 LYING N & E OF NELY LINE OF US-10 HWY EXC BEG AT PT DIST S 87-12-00 8 676.80 FT & N 44-06-00W 48.27 FT FROM SW SEC COR, TN N 44-08-DOW 660.00 FT, TN N 45-52-00 8200.00 FT, TN S 44-08-00 E 555.00 FT, TH S 0247-00W 217.82 FT, TN N 87-12-COW 60.00 FT TO BEG 151.93 A
11111ah1dan Natural Resourtes Trust Fund
Development Project Agreement
APPENDIX B
BOUNDARY MAP OF THE PROJECT AREA
TF14-0066 Page 11 of 13 PR1915 (Rev. 01/28/2014)
OAKU\ND
COUNTY PARKS
Grovelancl Oaks Park
Michigan Naturai Resources Trust Fund
Development Project Agreement
APPENDIX C
RECREATION GRANT APPLICATION TF14-0066
(incorporated herein by reference)
TF14-0068
Page 12 of 13 PR1915 (Rev. 01/28/2014)
(MISC . FISCAL NOTE #15171) July 16, 2015
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — 2014 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 TF14-0066
Universally Accessible Fishing Pier from the Michigan Natural Resources Trust Fund grant.
2. The grant award of $36,300 (75% of the total project budget of $48,500) will help offset the cost
of a universally accessible fishing pier at Groveland Oaks County Park.
3. The grant period for project extends from April 1, 2015 through March 31, 2017.
4. Matching funds of $12,200 (25% of the total project budget of $48,500) for construction and
engineering costs is included in the FY2015 Parks and Recreation budget.
5. A budget amendment is not required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward and Zack absent.
Resolution #15171 July 16, 2015
Moved by KowaII supported by Bowman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, KowaII, Long, Matis,
McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Bowman, Crawford, (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).
6 HEREBY APPROVE THIS RESOLArvy'.
CHIEF DEPUTY COUNT' EXE:00 71,4
ACTING PURSUANT TO MCI.. 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 July 16, 2015,
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 le day of July 2015.
,
Lisa Brown, Oakland County