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HomeMy WebLinkAboutResolutions - 2000.05.18 - 26144for Resources Detroit the Edison Tree 4221.1 FINANCE COMMITT ? E MISCELLANEOUS RESOLUTION #00114 May 18, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - DETROIT EDISON TREE PLANTING PROGRAM GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Department of Facilities Management has applied for and been awarded grant funding in the amount of $4,000 from the Planting Michigan Department of Natural Program; and WHEREAS the grant December 31, 2000; and WHEREAS required local provided by the Department of 20 canopy trees at the south and County match in the amount of $4,000 will be Facilities Management as in-kind labor to plant entrance to the Oakland County Service Center; is for the period beginning March 1, 2000 and ending WHEREAS no additional funding is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the Board of Commissioners' Grants Procedure. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners is willing to enter into a suitable grant agreement subject to satisfactory changes being made to sections 15, 18, 19 and 26. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to sign the Michigan Department of Natural Resources/Detroit Edison Tree Planting Grant with the notation that there needs to be revisions to sections 15, 18, 19 and 26 as stated in this resolution and as outlined in the attached letter from Corporation Counsel of April 26, 2000, to the MDNR. The Board Chairperson is further authorized to sign the final agreement after language changes have been made that are satisfactory to Corporation Counsel. BE IT FURTHER RESOLVED that the FY 2000 Budget is amended as follows: Grant Fund Revenue 1-276-xxx 14-xxxxxx-xxxxx-0171 Grants-State $4,000 Expenditure 14-xxxxxx-xxxxx-4124 Grounds Supplies 4,000 $ -O- BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. gifu-3 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. wommolln •nn•n•n•n •n•n•n••• ME=M•1• NI AIL L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE COUNTY MICHIGAN DEPARTMENT OF CORPORATION COUNSEL Judith K. Cunningham, Director 858-0653 Joellen Shortley 858-2155 April 26, 2000 Cara A. Boucher, Section Leader Cooperative Resource Programs Michigan Department of Natural Resources Forest Management Division Stevens T. Mason Building P.O. Box 30028 Lansing, Michigan 48909-7528 Re: Detroit Edison Tree Planting Grant Your Grant Number: DE-00-09 Our File Number: 2000-0342 Dear Ms Boucher: As we discussed, this office cannot recommend that Oakland County sign the above grant agreement as currently written. We respectfully request your consideration in making changes to the following sections: 1. Section 15, Nondiscrimination We propose that Subsection (e) be worded as follows: "The Grantee will comply with all relevant published rules and regulations of the Michigan Civil Rights Commission which may be in effect prior to the taking of bids for any individual State project." 2. Section 18. Indemnification Counties cannot legally agree to indemnify the State or any other party. We propose the following language: "Each party to this Contract will remain responsible for any claims arising out of that party's performance of this Contract as provided by this Contract or law This Contract is not intended to increase or decrease either party's liability for or immunity from tort claims. This Contract is not intended to nor will it be interpreted as giving either party hereto a right of indemnification, either by contract or law, for claims arising out of the performance of this Contract." C. Boucher 05/08/00, Page 2 3. Section 19. Grantee's Liability Insurance Oakland County is self-insured. We propose the following language: "The Grantee shall maintain such self-insurance as will protect itself or its employees from claims set forth below which may arise out of, or result from, the Grantee's operations under the Grant." 4. Section 26 Compliance with all State and Federal Laws, Rules, Regulations We propose the following language: "The Grantee will comply with all State and Federal laws and regulations." This grant will soon be presented to the Board of Commissioners for approval. Because of the time factor involved, you stated that Oakland County could sign the agreement subject to suitable language being agreed to between the County and the DNR. I look forward to working with you on mutually satisfactory language. Thank you for your consideration of the above provisions. Please contact me if you have any questions. Sincerely, OAKLAND COUNTY CORPORATION COUNSEL JoeIlen Shortley Financial Attorney cc: Richard Johnston Tom Lepping Stanley Fayne NATEMPFILE\Joellen\2000-00342/Itrcb.doc Court Tower - West Wing • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • (248) 858-0550 • Fax (248) 858-1003 Oakland County Grant Application/Acceptance Summary Report Title of Grant Detroit Edison Tree Planting Program Grant Grantor Agency Michigan Department of Natural Resources Title of Grant Funded Program Urban and Community Forestry — Detroit Edison Notification Date 2/16/00 Submission/Acceptance Deadline 2/25/00 Requesting Department/Program/Agency Department of Facilities Management Grant being submitted is: New X Renewal Modified The maximum number of years for which this grant is available: N/A This will be the 1 year of grant funding for this program. Is this program projected to extend beyond the current grant funding period? Unknown Briefly, describe any program changes since the most recent grant acceptance: None GRANT SUMMARY GRANT GRANT VARIANCE REQUEST ACCEPTANCE AMOUNT* ($$ AND %) Number of grant funded positions - 0 - - 0 - - 0 - Total amount ($$) of grant $ 4,000 $ 4,000 $ 0 Grant funded personnel costs $ 0 $ 0 $ 0 Grant funded fringe benefits $ 0 $ 0 $ 0 Grant funded program costs $ 4,000 $ 4,000 $ 0 County match requirements $ 4,000 $ 4,000 $ 0 County match funding source lnkind lnkind (Account No., OCA, PCA, Object Level 3) State & local match requirements $ 4,000 $ 4,000 $ 0 (provide amount and percentage) 50% 50% Grant funding period 3/1/00 — 12/31/00 3/1/00 — (provide mm/W B MM/YY) 12/31/00 * Indicate any variance between the original grant application and the final grant acceptance (in dollar amounts and percentages). OAKLAND COUNTY, MICHIGAN GRANT & REIMBURSEMENT AGREEMENT APPLICATION REVIEW The information below is to be completed by the Fiscal Services Division with the assistance of and the Department/Elected Official requesting the grant/reimbursement agreement. This form must be attached to the grant/reimbursement agreement acceptance resolution. Please fill in the date the following actions were completed. (Complete either Section I or II on each program; Section III to be completed if necessary): I. REIMBURSEMENT APPLICATIONS & AND ON-GOING GRANT APPLICATIONS LESS THAN 15% VARIANCE FROM BUDGET A. Fiscal Service Division Report forwarded to Board Chairperson B. Informational copy of Fiscal Services Division Report received to liaison committee C. Board Chairperson's Signature II. NEW GRANTS OR ON-GOING GRANTS GREATER THAN 15% FROM BUDGET A. Liaison Committee approval of Application Report (prepared by Fiscal Services Division) 3/14/00 B. Information copies received by Finance Committee (grant match) and/or Personnel Committee (position changes)- if applicable N/A C. Board Chairperson's Signature 2/23/00 III. REVISION TO GRANT APPLICATION A. Liaison Committee receipt of Fiscal Services report detailing changes in the previously approved application B. Board Chairperson's Signature MICHIGAN DEPARTMENT OF NATURAL RESOURCES - FOREST MANAGEMENT DIVISION DETROIT EDISON TREE PLANTING GRANT AGREEMENT ATTACHMENT '1 Detroit Edison Issued under authority of Part 501 of Act 451, P.A. 1994 as amended, to provide information regarding terms and conditions of Detroit Edison Tree Planting grants. Subject to the provisions of the law and conditions herein contained. In this Attachment, the State of Michigan, Department of Natural Resources, Forest Management Division is referred to as the Department. Acting for the State is the Grant Officer, John Robertson, referred to as the State. The Grant Supervisor is Cara Boucher. SECTION 1. GRANT This grant consists of the Grantee's Detroit Edison Tree Planting Grant Application (PR 4167-1, Rev. 1/11/2000), Detroit Edison Tree Planting Grant Agreement (PR 4167-8E, 02/22/00), Detroit Edison Tree Planting Grant Agreement Attachment 1 (IC 4167-9, 02/22/00), and written and oral instructions from the Supervisor. SECTION 2. COMPENSATION AND METHOD OF PAYMENT The State agrees to reimburse the Grantee for authorized expenditures as listed in the Detroit Edison Tree Planting application upon verification of actual expenditures for both the 50% federal match portion and the 50% local match portion. This sum is not to exceed the actual costs or grant award amount, whichever is less. Request for payments may be made when the project has been completed, but must be received no later than 60 days after the grant period ends. Full payment will be made upon completion of the project and compliance with State reporting and auditing requirements. Failure to meet these deadlines may result in non-reimbursement to the Grantee. SECTION 3. REPORTING AND AUDITING REQUIREMENTS As well as conferring with the DNR Supervisor, the Grantee will file a final financial and program report. The reports will be submitted upon completion of the project. The reports shall specify. total expenditures, broken down as to the federal portion and the Grantee's share of costs. Total expenditures will be broken down by major budget categories. Reports will be accompanied by documentation showing that the charges are for allowable purposes and that the expenditure listings are accurate and suitable for audit. In addition to the summary documentation submitted to the Department, the Grantee will keep complete financial records such that all charges, whether paid from grant funds or from the Grantee's matching funds, can be readily traced to their origins. Basic documents required to be maintained for audit include purchase orders, vouchers authorizing payments, time records for individual employees' and volunteers' hours charged to this program. The Grantee's progress report(s) will be submitted on forms supplied by the Department. Supplementary information summarizing accomplishments will be included in narrative form. The project and related reports are subject to audit by both the Department and Detroit Edison. This may include both financial audits and site visits. SECTION 4. ADMINISTRATION OF GRANT, CHANGES From time to time, changes may be needed in the scppe of the project and the grant. All changes must be approved by the Grant Supervisor. Changes must be in writing and approved in advance. SECTION 5. STANDARDS OF WORK In determining whether or not the Grantee has performed its obligations, it is agreed and understood that the Grant Officer shall rely on the evaluation of the Supervisor. The Grant Officer or the Supervisor may issue written or oral instructions. Any instructions that affect the scope of work, price, period of performance, or any other provision of the Grant must be in accordance with specific provisions of the Grant. The Grantee agrees that the performance of the services under this Grant shall be performed to high professional standards. IC 4167-9 (02/22/00) SECTION 6. CANCELLATION' Cancellation of the Grant by the State may be for: (a) default by the Grantee, or (b) lack of further need for the service at the location named in the Grant. Default is defined as the failure of the Grantee to comply with any term or condition of this Grant. In case of default by the Grantee, the State may cancel the Grant immediately and procure the services from other sources. The State can make payment up to 20% of the grant award for any reimbursable, non-cancelable expenditures that have been completed to the satisfaction of the Grant Supervisor and complies with other grant requirements. In the event the State no longer needs the service specified in the Grant due to program changes, changes in laws, rules or regulations, relocation of offices, or lack of funding, the State may cancel the Grant by giving the Grantee written notice of such cancellation thirty (30) days prior to the date of cancellation. The Grantee can request reimbursement for reasonable non-cancelable expenditures made prior to the date of the written notice of cancellation that have been completed to the satisfaction of the Grant Supervisor and complies with other grant requirements. SECTION 7. DISPUTES Except as otherwise provided for in this Grant, any dispute arising under this Grant which is not disposed of by agreement shall be decided by the Grant Officer, who shall reduce his/her decision to writing and mail or otherwise furnish a copy to the Grantee. The decision of the Grant Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the Grantee mails or otherwise furnishes to the Grant Officer a written appeal. Pending final decision of disputes, the Grantee shall proceed diligently with the performance of this Grant and in accordance with the Grant Officer's decision. SECTION 8. OFFICIALS NOT TO BENEFIT No member of the Legislature of the State of Michigan or any individual employed by the State shall be allowed any share or part of this Grant, or to any benefit that may arise. SECTION 9. COVENANT AGAINST CONTINGENT FEES The Grantee warrants that he/she has not employed or retained any company or person, other than a bona fide employee working :solely for the Grantee, to solicit or secure this Grant, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Grantee, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Grant. For breach or violation of this warranty, the State shall have the right to annul this Grant without liability or, in its discretion, to deduct from the Grant price or consideration the full amount of such commission, percentage, brokerage or contingent fee. SECTION 10. INDEPENDENT CAPACITY OF GRANTEE The parties agree that the Grantee, in the performance of this Grant, shall act in an independent capacity and not as officer, employee, or agent of the State and shall assure any and all obligations from liability that may arise out of or in connection with this grant. SECTION 11. ASSIGNABILITY This Grant is not assignable by the Grantee, either in whole or in part. • SECTION 12. INSPECTION AND ACCEPTANCE Final inspection and acceptance of all work required under this Grant shall be performed by the Supervisor, the Grant Officer, or such person as he/she may duly authorize in writing. SECTION 13. GRATUMES a. The State may, by written notice to the Grantee, terminate the right of the Grantee to proceed under this Grant if it is found, after notice and hearing, by the Grant Officer or his/her duly authorized representative, that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Grantee, or any agent or representative of the Grantee, to any officer or employee of the State with a view toward securing a grant or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such grant; provided that the existence of the facts upon which the Grant Officer or his/her duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. 2 b. The rights and remedies of the State provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. SECTION 14. DISCLOSURE OF INFORMATION, ACKNOWLEDGMENT OF PARTICIPATION News Releases News releases pertaining to this grant or the services, study, data, or project to which it relates will not be made without prior written State approval, and then only in accordance with the explicit written instructions from the State. Publication The Grantee will not use, release, or publish any analyses, findings, results or techniques developed under this agreement, or any information derived therefrom until such analyses, findings, or techniques have been reported to the State in the manner prescribed by this agreement and have become public domain. These analyses, findings or techniques will be considered in the public domain when: 1) they are submitted to the State and receive positive action, 2) they are formally accepted by the State, or 3) ninety (90) days elapse after submission to the State, whichever of the three may occur first. No material may be published which is exempt from disclosure under Public Act No. 442 of 1976 known as the "Freedom of Information Act" without express permission from the State. The Grantee will provide the State, for its review, copies of all presentations of articles being submitted for publication at least thirty (30) days in advance. Acknowledgment of State Participation/Support and Detroit Edison All publications or oral presentations concerning the analyses, findings, results or techniques developed under this agreement will contain an acknowledgment of the State's participation and support, unless the State requests in writing that their participation and support not be acknowledged. All publications or oral presentations concerning the analyses, findings, results or techniques developed under this agreement will contain an acknowledgment of Detroit Edison's participation and support. Furthermore, Grantee may not receive fees for any article in excess of the cost of preparation of published articles and excluding the cost of. the research and compilation which was compensated under the Agreement. Where appropriate, this credit line should be used for news releases, publications, reports, and other communications: "This (tree planting project) was supported, in part, by a grant from the Michigan Department of Natural Resources, Forest Management Division and the Detroit Edison Company." Where appropriate, project signs or other information placards should acknowledge Department and Detroit Edison support. Specific wording will be determined by the Grantee and Grant Supervisor. SECTION 15. NONDISCRIMINATION In connection with the performance of work under this Grant, the Grantee agrees as follows: a. In accordance with Act. No. 453, Public Acts of 1976, the Grantee agrees not to discriminate against any employee or applicant for employment with respect to hire, tenure„ terms, conditions, or privileges or employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status. Breach of this covenant may be regarded as a material breach of this Grant. b. The Grantee agrees that any and all subcontracts to this Grant, where a portion of the work set forth in this Grant is to be performed, shall contain a covenant the same as set forth in paragraph a. c. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, age, sex, height, weight, or marital status. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. d. The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, national origin, age, sex, height, weight, or marital status. e. The Grantee will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Commission which may be in effect prior to the taking of bids for any individual State project. f. In the event that the Michigan Civil Rights Commission finds, after a hearing held pursuant to its rules, that a Grantee has not complied with the contractual obligations under this Grant, the Michigan Civil Rights Commission may, as part of its order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board may order the cancellation of the Grant found to have been violated, and/or declare the Grantee ineligible for future grants with the State of Michigan and its political and civil subdivisions, departments, and officers, including the governing boards of institutions in higher education, until the Grantee complies with said order of the Michigan Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the 3 g. persons with whom the Grantee is declared ineligible to grant as a granting party in future grants. In any case before the Michigan Civil Rights Commission in which cancellation of an existing grant is a possibility, the granting agency shall be notified of such possible remedy and shall be given the option by the Michigan Civil Rights Commission to participate in such proceedings. The Grantee will comply with Act 220 of the Public Acts of 1976, the Michigan Handicapper's Civil Rights Act, and Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, both of which prohibit discrimination against handicapped persons. SECTION 16. PRICE Prices quoted by the Grantee shall be the maximum to be charged during the Grant period; the State shall receive the benefit of any decrease in price that may occur. SECTION 17. TAXES The State is exempt from Federal Excise Tax, and State or Local Sales Tax. Bid prices shall not include such taxes. Exemption Certificates for Federal Excise Tax will be furnished upon request. SECTION 18. INDEMNIFICATION The Grantee shall indemnify and hold harmless the State and its agents and employees from and against all claims, damages, losses, and expenses, including but not limited to, reasonable attorneys' fees arising out of, or resulting from the contracting out of and or performance of the work, which includes all labor, material and equipment required to produce the commodity, construction, and/or service required by the Grant, provided that any such claim, damage, loss, or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part, by any negligent act or omission of the Grantee, any subgrantee, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified. In any and all claims against the State or any of its agents or employees by any employee of the Grantee, any subgrantee, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Grant shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Grantee or any subgrantee under worker's compensation acts, disability benefit acts, or other employee benefits acts. The obligations of the Grantee under this Grant shall not extend to the liability of the State, its agents or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, or (2) the giving of or the failure to give directions or instructions by the State, its agents or employees. SECTION 19. GRANTEE'S LIABILITY INSURANCE The Grantee shall purchase and maintain such insurance as will protect him/her from claims set forth below which may arise out of, or result from, the Grantee's operations under the Grant, whether such operations be by himself/herself or by a subgrantee, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1. Claims under worker's compensation, disability benefit, and other similar employee benefit act. A non-resident Grantee shall have insurance for benefits payable under Michigan's Worker's Compensation Law for any employee, resident of and hired in, Michigan; and as respects to any other employee protected by worker's compensation laws of any other state the Grantee shall have insurance or participate in a mandatory state fund to cover the benefits payable to any such employee. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of his employee. 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employee, subject to limits of liability of not less than $300,000 each occurrence and, when applicable $300,000 annual aggregate, for non-automobile hazards and as required by law for automobile hazards. 4. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom, subject to a limit of liability of not less than $50,000 each occurrence for non-automobile hazards and as required by law for automobile hazards. 5. Insurance for subparagraphs 3 and 4 non-automobile hazards on a combined single limit of liability basis shall not be less than $300,000 each occurrence and when applicable, $300,000 annual aggregate. 4 The insurance shall be written for not less than any limits of liability specified or required by law, whichever is greater, and shall include contractual liability insurance as applicable to the Grantee's obligations under the indemnification clause of this Grant. SECTION 20. SOURCE OF FUNDS - TERMINATION The State's payment of funds for purposes of this Grant is subject to and conditional upon the availability of funds for such purposes, being Federal and/or State funds. No commitment is made by the State to continue or expand such activities. The State may terminate this Grant immediately upon written notice to the Grantee at any time prior to the completion of this Grant if, in the opinion of the State, funding becomes unavailable for this service such funds are restricted. In the event of termination, reimbursement of reasonable non-cancelable expenditures in accordance with Section 6 may be provided. SECTION 21. FEES AND OTHER SOURCES OF FUNDING The Grantee shall not seek nor obtain funding through fees or charges to any client receiving services for which the State reimburses the Grantee under this Grant. The Grantee guarantees that any claims made to the State under this Grant shall not be financed by any source other than the State under the terms of this Grant.. If funding is received through any other source, the Grantee shall delete from Grantee billings, or shall immediately refund to the State, the total amount representing such duplication of funding. SECTION 22. PUBLICATION - APPROVAL AND COPYRIGHT The State and Grantee shall have co-copyright, property, and publication rights in all written or visual material or other work products developed in connection with this Grant. The Grantee shall not publish or distribute any printed or visual material relating to the services provided under this Grant without prior written permission of the State. However, it is mutually agreed that the Grantee shall have the right to publish and disseminate work products under this Grant, provided that the Grantee shall recover only costs associated with printing and mailing, and further that such publication shall contain a reference to the State as being the holder of the copyright to the work. This provision applies to press releases and written and visual materials specifically identified in this Grant and shall not restrict:the rights of the Grantee to publish in scholarly journals or to present new, basic information in any way. SECTION 23. RECORDS AND ACCOUNTS The Grantee shall maintain such records and accounts, including property, personnel, and financial records, as are deemed necessary by the Granting Officer to assure a proper accounting for all project funds. Such records shall be the property of the State and made available for audit purposes. The Grantee shall install and maintain an accounting system to identify and support all expenditures billed to the State under this Grant. The accounting system must record all income and expenses for the Grantee's total program of which services provided under this Grant are a part. The accounting system, as a minimum, shall consist of a chart of accounts, cash receipts journal, cash disbursements journal, and general ledger. All expenditures and income must be supported by vouchers and receipts that detail the reason for the transaction. The Grantee shall maintain, within the accounting system, salary and fringe benefits accounts that break out positions, hospitalization, retirement, worker's compensation, and other fringe benefits. The Grantee shall establish and maintain payroll records for all employees. The Grantee, in establishing and allocating salary and wages for employees, shall support these charges by electing to establish either: 1. An adequate appointment and workload distribution system, accompanied by monthly reviews showing the actual changes in the workload distribution of each employee (i.e., an exception reporting system); or 2. A monthly after-the-fact certification system which requires persons in supervisory positions having first-hand knowledge of the services performed to report the distribution of effort (i.e., a positive reporting system). SECTION 24. REVIEW AND MONITORING REPORTS The Grantee shall comply with all program and fiscal review reporting procedures, as are, or may be, established by the State in completion of monitoring and progress reports at time intervals and on forms specified by the State. Any additional reports as deemed necessary by the Supervisor shall be made and submitted by the Grantee upon request. SECTION 25. EXAMINATION AND MAINTENANCE OF RECORDS 5 The Grantee shall permit the State or any of its identified agents access to the facilities being utilized at any reasonable time to observe the operation of the program. Further, the Grantee shall retain all books, records, or other documents relevant to the Grant for six years after final payment, at his/her cost, and federal auditors and any other duly authorized by the State shall have full access to, and the right to examine and audit, any of the material during the period. If an audit is initiated prior to the expiration of the six year period, and extends part that period, all documents shall be maintained until the audit is completed. The State shall provide findings and recommendations of audits to the Grantee. The State shall adjust future payments or final payment if the findings of an audit indicate over or under payment to the Grantee in the period prior to the audit. If no payments are due and owing the Grantee, the Grantee shall immediately refund all amounts which may be due the State. The Grantee shall assure, as a condition of any sale or transfer of ownership of the Grantee agency, that the new purchasers or owners maintain the above described books, records, or other documents for any unexpired portion of the six year period after final payment under this Grant or the Grantee shall otherwise maintain the records as the State may direct. The Grantee shall, if he/she ceases business operations, maintain the records as the State may direct. SECTION 26. COMPLIANCE WITH STATE AND FEDERAL LAWS, RULES, REGULATIONS The Grantee will comply with all State and Federal laws, rules, regulations, policies, guidelines, and requirements. 6 DNA MICHIGAN DEPARTMENT OF.NATURAL RESOURCES - FOREST MANAGEMENT DIVISION DETROIT EDISON TREE PLANTING GRANT AGREEMENT Issued under authority of Part 501 of Act 451, P.A. 1994, as amended, Subject to the provisions of the law and the conditions herein contained. Detroit Edison Tree Planting Grant Program grants are hereby awarded to the persons named herein. Detroit Edison GRANT NUMBER GRANT ISSUED GRANT AMOUNT FEDERAL I.D. NUMBER DE 00-09 03/01/00 $4,000 38-6004876 LEGAL NAME OF GRANTEE STARTING DATE ENDING DATE County of Oakland - Facilities Operation 03/01/00 12/31/00 STREET ADDRESS GRANTEE CONTACT NAME GRANTEE TELEPHONE NUMBER One Public Works Drive, #95W Tom Lepping 248-858-0169 CITY, STATE, ZIPCODE Waterford MI 48328 FINANCIAL BREAKDOWN OF FEDERAL FUNDS AWARDED LOCAL MATCH ESTIMATED PROJECT COSTS CFDA 10.664 (MIN. 50% OF PROJECT) (MAX. 50% OF PROJ.) PERSONNEL $ $4,000 FRINGES - TRAVEL EQUIPMENT SUPPLIES 4,000 CONTRACTUAL CONSTRUCTION VOLUNTEER OTHER OTHER OTHER TOTAL $4,000 $4,000 SPECIAL CONDITIONS OF GRANT (Subject to the conditions contained in Attachment 1.) Total Project Amount: $8,000. Trees will be planted on public land or land open to the public. Trees will be planted and maintained according to current proper planting and maintenance standards. Grantee must consult with Detroit Edison before any trees are planted. DEPARTMENT REPRESENTATIVE TO CONTACT RELATIVE TO THIS GRANT AGREEMENT. NAME OF REPRESENTATIVE DEPARTMENT LOCATION/OFFICE TELEPHONE NUMBER Cara A. Boucher Lansing Division Office 517.335.3354 MAILING ADDRESS CITY, STATE, ZIPCODE FAX NUMBER P.O. Box 30452 Lansing, MI 48909-7952 517.373.2443 THIS GRANT AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND REQUIREMENTS: 1. This grant is subject to the conditions contained in Attachment 1 5. The Grantee hereby assures and certifies that he/she will comply with (IC 4167-9). all State and Federal laws, rules, regulations, policies, guidelines, and 2. Grant reimbursement may be made upon verification of actual expenditures requirements. Also, the applicant assures and certifies with respect to and in accordance with conditions listed in Attachment 1. the agreement that: 3. Request for payments may be made when the project has been completed, It possesses legal authority to apply for the grant; that a resolution, but must be received no later than 60 days after the grant period ends and in motion or similar action has been duly adopted or passed as an official accordance with the conditions listed in Attachment 1. act of the applicant's governing body, authorizing the filing of the 4. All publications or oral presentations concerning the grant will contain an application, including all understandings and assurances contained acknowledgment of the State's participation and support and Detroit therein, and directing and authorizing the person identified as the Edison's participation and support. Attachment 1 provides further official representative of the application and to provide such additional information. information as may be required. I, the undersigned, certify that I have read, understand and agree to comply with this agreement and the conditions listed in Attachment 1, and have authority to enter into this agreement on behalf of Grantee. Grantee Representative's Signature Date Department Representative's Signature Date RETURN BOTH SIGNED COPIES OF THIS DOCUMENT TO: DETROIT EDISON TREE PLANTING GRANT PROGRAM FOREST MANAGEMENT DIVISION MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30452 LANSING MI 48909-7952 PR 4167-8E (02/1 - REPORT TO: Planning and Building Committee, Charles Palmer, Chairperson BY: Fiscal Services Division IN RE: OAKLAND COUNTY FACILITIES MAINTENANCE AND OPERATIONS — GRANT APPILCATION TO MICHIGAN DEPARTMENT OF NATURAL RESOURCE - URBAN AND COMMUNITY FORESTRY DIVISION UNDER THEIR DETROIT EDISON TREE PLANTING PROGRAM Pursuant to Miscellaneous Resolution #99252, the Fiscal Services Division has reviewed the grant program and finds: 1. The Michigan Department of Natural Resources (MDNR) is releasing discretionary funding under its Urban and Community Forestry — Detroit Edison Tree Planting Program. 2. The purpose of the discretionary grant funding is to implement tree planting programs and promote projects that illustrate the benefit of trees. 3. Because the purpose of this grant funding supports the existing Department of Facilities Maintenance and Operations campus landscaping and open space management efforts of their Grounds Operation Division, an application has been prepared to capture $4,000 of these available funds. 4. The project will be toward the purchase and planting of 20 canopy trees for landscaping at the campus south Telegraph Road entrance. The project will start at funding with an estimated completion date of June 2000. The Department of Facilities Maintenance and Operations will be the lead agency on the project. In-kind matching funds of 50%, in,the form of in-house labor needed for planting the trees, is provided by FM&O. No new personnel are needed to complete this project. 6. A report requesting to abridge normal grant application procedures, in order to meet the application deadline of February 25, 2000, has been submitted. It is understood the application has been submitted contingent upon Planning and Building Committee review. MEMORANDUM TO: John P. McCulloch, Chairperson, Oakland County Board of Commission FROM: Greg Givens, Grants Writer, Oakland County Fiscal Services Divisio DATE: 22 February 2000 RE: Report to request normal grant application procedures be abridged for the below captioned grant application: Oakland County Facilities Maintenance and Operations — GRANT APPILCATION TO MDNR, URBAN AND COMMUNITY FORESTRY UNDER THEIR DETROIT EDISON TREE PLANTING PROGRAM Pursuant to Miscellaneous Resolution #99252 this report is made to respectfully request normal grant application procedures be abridged so the captioned grant application may be submitted contingent upon the approval Of the Planning and Building Committee. This request is made in order meet the application deadline. The reason for this request is as follows: Date of Notification: The Michigan Department of Natural Resources (MDNR) released a 'request for proposal' (RFP) in mid January 2000 for the above captioned funding. Time Needed to Prepare Grant Application: Because of time needing in securing the on- line application, a final decision to prepare and submit an application for the funding was not made until 16 February 2000. Other Information: The application deadline is 25 February 2000. Because the Planning and Building Committee will meet after the application deadline, it is requested the application be submitted contingent upon the subsequent revieW by the Planning and Building Committee at their 14 March 2000 meeting. Respectfully submitted, Fiscal Services Division cc: Tom Lepping, Chief, FM&O (via e-mail) Prentiss Malone, Fiscal Services Division (via e-mail) Charles Palmer, Chairperson, Planning and Building Committee Resolution #00114 May 18, 2000 Moved by Douglas supported by Garfield the resolution be adopted. AYES: Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Palmer, Sever, Suarez, Taub, Amos, Appel. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 May 18, 2000 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 18th day 9..f May, 2000. /e , G. William Caddell, County