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HomeMy WebLinkAboutResolutions - 2002.03.27 - 26884County match of that the project the Board of f MISCELLANEOUS RESOLUTION #02069 March 28, 2002 BY: GENERAL GOVERNMENT COMMITTEE, WILLIAM R. PATTERSON, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION - INDEPENDENCE OAKS YOUTH CAMP GRANT - ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Parks and Recreation Commission applied to the Michigan Department of Natural Resources in March 2001 for a new Michigan Natural Resources Trust Fund grant in the amount of $163,200, for the purpose of developing a Youth Camp at Independence Oaks; and WHEREAS the application also included a local County match of $108,800, or 40% of the total grant program of $272,000; and WHEREAS the Michigan Department of Natural Resources has awarded a Michigan Natural Resources Trust Fund Grant of $163,200 to the Oakland County Parks and Recreation Commission; and WHEREAS a local County match of $127,200, or 44% of the total eligible project cost of $290,400, is required and is available in the Parks and Recreation Fund; and WHEREAS a two-year time period is allowed for project completion and the project is to be completed no later than December 31, 2003; and WHEREAS the grant agreement has been approved through the County Executive Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Oakland County Parks and Recreation Commission to accept a Michigan Natural Resources Trust Fund grant in the amount of $163,200 from the Michigan Department of Natural Resources for the purpose of developing a Youth Camp at Independence Oaks. BE IT FURTHER RESOLVED that, in addition, a local $127,200 be provided from the Parks and Recreation Fund, and be completed no later than December 31, 2003. BE IT FURTHER RESOLVED that the Chairperson of Commissioners 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 General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT OMMITTEE 44441 /12 GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll cal vote with Crawford and Middleton absent. CONTRACT REVIEW - PARKS AND RECREATION Subject: CONTRACT REVIEW — PARKS AND RECREATION Date: Wed, 06 Mar 2002 10:23:55 -0500 From: Greg Givens <givensg@co.oakland.mi.us > Organization: Oakland County To: VanLeuvenj <VanLeuvenj@co.oaldand.mi.us >, "Figa, Joe" <figaj@co.oaldand.mi.us>, "Pohlod, Michael" <pohlodm@co.oaldand.mi.us > CC: "Cunningham, Judy" <cunningharnj@co.oakland.mi.us>, "VanderVeen, David" <vanderveend@co.oakland.mi.us >, "Fournier, Nancy" <fourniern@co.oaldand.mi.us > RE: CONTRACT REVIEW - PARKS AND RECREATION Independence Oaks Youth Camp - Grant Agreement Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments: Department of Management and Budget: I approve. - Jeff Pardee Personnel Department: I approve. - Judy Eaton Risk Management and Safety: Approved. Please note pg.9, para 23. We agree to maintain insurance pertaining to claims arising out operations or operations of subcontractors. Sub contractors cannot come under the building and liability fund. Therefore we will have to have insurance supplied by subcontractors. Note the contract does not specify types of coverage's of limits. - Stan Fayne Corporation Counsel: [NOTE: Corporation Counsel has not responded to the Executive Contract Review process. However, John Ross, Senior Assistant Corporation Counsel, has expressed a legal review for the captioned Grant Agreement in a letter dated February 28, 2002 to Pecky Lewis, Chairperson for the Oakland County Parks and Recreation Commission. That letter, by reference, serves as Corporation Counsel's opinion for purposes of this review.] - Greg Givens, Fiscal Services With consideration of noted above concerns, the captioned grant materials and grant package may now be submitted for review by the appropriate BoC committees for grant acceptance by resolution. Greg Givens Grant Administrator Fiscal Services 1 of 1 03/06/20022:11 PM Re: CONTRACT REVIEW - PARKS AND RECREATION Subject: Date: From: Organization: To: CC: Re: CONTRACT REVIEW - PARKS AND RECREATION Wed, 06 Mar 2002 12:53:02 -0500 Greg Givens <givensg@co.oalcland.mi.us > Oakland County rossj@co.oakland.mi.us, VanLeuvenj <VanLeuvenj@co.oakland.mi.us >, "Pohlod, Michael" <pohlodm@co.oaldand.mi.us>, "Figa, Joe" <figaj@co.oakland.mi.us> "Cunningham, Judy" <cunninghamj@co.oakland.mi.us>, "VanderVeen, David" <vanderveend@co.oakland.mi.us >, "Fournier, Nancy" <fourniern@co.oaldand.mi.us > Below is Corporation Counsel's review for the Parks and Recreation, Independence Oaks Grant Agreement. These comments should be incorporated into the contract review info received earlier today. Thanks. -givens rossj@co.oakland.mi.us wrote: > Greg, > I have reviewed the Grant and cannot approve it because of language > contained in Paragraph 28. of the Development Project Agreement that MDNR > requires the County to sign. > That paragraph states: 28. Upon breach of the Agreement by the Grantee the Department, in > addition to any other remedy provided by law, may: 28.d. "Require the GRANTEE to pay penalties or perform other acts > mitigation or compensation as directed by the DEPARTMENT or the BOARD; > and/or" > In my opinion this language gives the MDNR the ability to impose arbitrary > and capricious penalties against the County, especially since there are no > guidelines for such penalties. > The office of Corporation Counsel has attempted on two different grants to > negotiate with the MDNR concerning this language. The MDNR, however, has > steadfastly refused to even consider modifying this language. > Consequently, I cannot approve the Development Project Agreement for > execution by Oakland County. 1 of 1 03/06/2002 2:12 PM OAKLAND; L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE COUNTY MICHIGAN Judith K. Cunningham, Director 858-0553 DEPARTMENT OF CORPORATION COUNSEL John Ross 858-0558 February 28, 2002 Pecky Lewis, Chairperson Oakland County Parks and Recreation Commission 2800 Watkins Lake Road Waterford, MI 48328 Thomas A. Law, Chairperson Oakland County Board of Commissioners 1200 N. Telegraph Road Pontiac, MI 48341 RE: Michigan Natural Resources Trust Fund Development Project Agreement Independence Oaks Youth Camp Grant Our File No. 2002-0056 Dear Chairpersons: As you are aware, Oakland County and its Parks and Recreation Commission is eligible to receive grants from the Michigan Department of Natural Resources Trust Fund. One project seeking such funding is the Youth Camp at Independence Oaks County Park. There is, however, a problem with the Development Project Agreement that MDNR requires the County to sign. The problem lies in paragraph 28 and in particular paragraph 28.d. That paragraph states: 28. Upon breach of the Agreement by the Grantee the Department, in addition to any other remedy provided by law, may: 28.d."Require the GRANTEE to pay penalties or perform other acts of mitigation or compensation as directed by the DEPARTMENT or the BOARD; and/or" In my opinion this language gives the MDNR the ability to impose arbitrary and capricious penalties against the County, especially since there are no guidelines for such penalties. The office of Corporation Counsel has attempted on two different grants to negotiate with the MDNR concerning this language. The MDNR, however, has steadfastly refused to even consider modifying this language. This occurred most recently when I contacted the MDNR during the week of February 18, 2002, concerning the Independence Oaks grant. For your information, I am attaching a copy of the letter I sent to the MDNR representative with whom I spoke. West Wing Extension Bldg. 14 East • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • (248) 858-0550 • Fax (248) 858-1003 I Pecky Lewis, Chairperson Thomas A. Law, Chairperson February 28, 2002 Page 2 Additionally, because the County has unsuccessfully attempted to negotiate this language out of the Agreement, it is my opinion that the County would be unsuccessful in a court challenge to penalties imposed by the MDNR. The Court could very likely determine that the County had signed the Agreement knowing that arbitrary penalties were a possibility. Based on the foregoing analysis I cannot approve the Development Project Agreement for execution by Oakland County. If you have any questions or would like to discuss this matter please contact me. Very truly yours, Oakland County Corporation Counsel rc7•9_,Z /2.4} Jo/Ross Senior Assistant Corporation Counsel JR/sq Enc. Cc: Ralph Richards, Executive Officer David VanderVeen, Director Joe Figa, Chief West Wing Extension Bldg. 14 East • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • (248) 858-0550 • Fax (248) 858-1003 7,2 tOAKIANDY L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE COUNTY MICH -IGAN Judith K. Cunningham, Director 858-0553 DEPARTMENT OF CORPORATION COUNSEL John Ross 858-0558 February 28, 2002 Ms. Sharon L. Edgar, Chief Grants Administration Division Michigan Department of Natural Resources PO Box 30425 Lansing, MI 48909-7925 RE: Project #TF 01-022 Oakland County Parks and Recreation Commission Independence Oaks County Park Youth Camp Grant Our File No. 2002-0056 Dear Ms. Edgar: I am writing to confirm our conversation of last week wherein you indicated that the Department of Natural Resources would not consider negotiating on the terms of paragraph 28.d. of its Michigan Natural Resources Trust Fund Development Project Agreement [PR1920 (Rev. 12/03/2001)]. In addition to refusing to negotiate on that paragraph, you indicated that paragraph 28.d. would be enforced at the "discretion of the Department." If this is not your recollection of our conversation please contact me at the above address. Very truly yours, Oakland County Corporation Counsel Johposs Senior Assistant Corporation Counsel JR/sq West Wing Extension Bldg, 14 East • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • (248) 858-0550 • Fax (248) 858-1003 CAKLAND7 L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE COUNTY MICHIGAN Judith K. Cunningham, Director 858-0553 DEPARTMENT OF CORPORATION COUNSEL John Ross 858-0558 February 28, 2002 Pecky Lewis, Chairperson Oakland County Parks and Recreation Commission 2800 Watkins Lake Road Waterford, MI 48328 Thomas A. Law, Chairperson Oakland County Board of Commissioners 1200 N. Telegraph Road Pontiac, MI 48341 RE: Michigan Natural Resources Trust Fund Development Project Agreement Independence Oaks Youth Camp Grant Our File No. 2002-0056 Dear Chairpersons: As you are aware, Oakland County and its Parks and Recreation Commission is eligible to receive grants from the Michigan Department of Natural Resources Trust Fund. One project seeking such funding is the Youth Camp at Independence Oaks County Park. There is, however,. a problem with the Development Project Agreement that MDNR requires the County to sign. The problem lies in paragraph 28 and in particular paragraph 28.d. That paragraph states: 28. Upon breach of the Agreement by the Grantee the Department, in addition to any other remedy provided by law, may: 28.d."Require the GRANTEE to pay penalties or perform other acts of mitigation or compensation as directed by the DEPARTMENT or the BOARD; and/or" In my opinion this language gives the MDNR the ability to impose arbitrary and capricious penalties against the County, especially since there are no guidelines for such penalties. The office of Corporation Counsel has attempted on two different grants to negotiate with the MDNR concerning this language. The MDNR, however, has steadfastly refused to even consider modifying this language. This occurred most recently when I contacted the MDNR during the week of February 18, 2002, concerning the Independence Oaks grant. For your information, I am attaching a copy of the letter I sent to the MDNR representative with whom I spoke. West Wing Extension Bldg. 14 East • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • (248) 858-0550 • Fax (248) 858-1003 Pecky Lewis, Chairperson Thomas A. Law, Chairperson February 28, 2002 Page 2 Additionally, because the County has unsuccessfully attempted to negotiate this language out of the Agreement, it is my opinion that the County would be unsuccessful in a court challenge to penalties imposed by the MDNR. The Court could very likely determine that the County had signed the Agreement knowing that arbitrary penalties were a possibility. Based on the foregoing analysis I cannot approve the Development Project Agreement for execution by Oakland County. If you have any questions or would like to discuss this matter please contact me. Very truly yours, Oakland County Corporation Counsel oss Sehior Assistant Corporation Counsel JR/sq Enc. Cc: Ralph Richards, Executive Officer David VanderVeen, Director Joe Figa, Chief West Wing Extension Bldg. 14 East • 1200 North Telegraph Road • Pontiac, Mictngan 48341-0419 • (248) 958-0550 • Fax (248) 858-1003 JOHN ENGLER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES LANSING K. L. COOL DIRECTOR January 7, 2002 Mr. Joseph P. Figa Chief of Design and Development Oakland County 2800 Watkins Lake Road Waterford, MI 48328 Dear Mr. Figa: SUBJECT: TF 01-022; Independence Oaks Youth Camp I am pleased to offer you a Project Agreement for your Michigan Natural Resources Trust Fund (MNRTF) development project. Enclosed with this letter are two copies of the Project Agreement in addition to a copy of the "Development Project Procedures" booklet and Checklist for Submission of Plans, Specifications, and Bid Documents for Recreation Grant Development Projects (form PR1911). Once this Agreement is executed -- signed by both your community (as the "Grantee") and the Department of Natural Resources (DNR) -- you can begin to implement your project. We recommend that you review the Project Agreement carefully. The Agreement has been recently updated, so please do not rely on knowledge of a previous MNRTF Agreement. Also enclosed is an additional copy of the "Development Project Procedures" booklet. The booklet has been greatly expanded and includes new procedures. It outlines in detail your obligations under the MNRTF grant program, from the point of returning the Project Agreement ; to your long:t.erral . tion_s_to maintain the grant-assisted site. Specific instructions for completing plans and specifications, soliciting construction contracts and preparing reimbursements requests are outlined. We hope the booklet will serve as an excellent reference for you and your consultant throughout the project. In order to execute the Agreement, you will need to do the following over the next several weeks: 1. Prepare a Legal Description and Boundary Map of the Proiect Area. These two documents must be attached to and become part of the Project Agreement. They define the park or geographic area to be developed with grant assistance. You must return these two documents with your signed Project Agreement. An Agreement returned to us without these documents cannot be executed and will be returned to you. Additional guidance is available in the "Development Project Procedures" booklet. 2. Pass a Resolution of your Local Governing Body to accept the Agreement and the Grant. Sample language for the resolution is provided with the Agreement. STEVENS T. MASON BUILDING • P.O. BOX 30028 • LANSING, MICHIGAN 48909-7528 www.michigan.gov • (517) 373-2329 Mr. Joseph P. Piga Page 2 January 7, 2002 3. If Needed, Finalize Project Area Leases and Easements. You must have complete control over the site to be developed at the time the Project Agreement is executed. The Agreement commits you to possessing fee simple title of the entire project area, unless you have prior written DNR approval of a lease and/or easement. If your project includes the • development of land to be leased or controlled via easement, review the "Development Project Procedures" booklet carefully and talk to your DNR Grant Coordinator to determine how to proceed. 4. Complete ALL THE SHADED PORTIONS of the Agreement. You must complete the following sections: • Section 3(b), Page 2: Please provide the name and complete mailing address of the individual that will represent you. The grantee's representative should be the person with the day-to-day authority for the project and who will routinely interact with the DNR Grant Coordinator. It does not need to be the same person who signs the Agreement, however, this grantee's representative should be authorized to sign all routine correspondence from the grantee pertaining to project completion. • Section 13(b), Page 6: You need to complete this blank as indicated in (a) or (b) below: (a) If the project includes the development of land to be controlled through lease or easement, as discussed in #3 above, fill in the blank with the date of the letter you have received from your DNR Grant Coordinator approving the lease or easement. (b) If all land within the project area is controlled through fee simple title, complete this blank by writing in "N.A" and initial. If the Agreement is returned with no information in this blank, it cannot be executed. • Signature Page, Page 11. Complete the signature page with information regarding your governing body resolution and sign and witness the Agreement. Please do not make and sign photocopies. If you require additional originals or alternations to the signature page (based on the need for more than one local signature), please contact your Grant Coordinator and they will be issued to you. Also, please review Section 5, Page 2, which lists the project facilities. If you believe the list to be incorrect, contact your DNR Grant Coordinator for additional guidance. Upon completion of these steps, you will need to return both copies of the Agreement along with two copies of each of the following: • Sealed resolution; • Legal description, placed in the Agreement as Appendix A; and • Boundary map, initialed and dated by the Grantee and placed in the Agreement as Appendix B. Mr. Joseph P. Figa Page 3 January 7, 2002 Both copies of the signed Project Agreement, with all the required attachments, should be completed and returned to the DNR no later than April 1, 2002, sooner if possible. If we do not receive all the required documents by April 1, 2002, the DNR may revoke the grant offer. Agreements are generally executed by the DNR and returned to the grantee within two weeks of the DNR receiving all the required materials. We will return one original of the Agreement and attachments. IMPORTANT REMINDERS: 1 Project Agreements must be executed prior to the incurring project costs, including expenditures of matching funds, with the exception of engineering costs as described in the "Development Project Procedures" booklet. I Detailed guidance on the steps you must take in completing your project is provided for in the "Development Project Procedures" booklet. In reviewing the booklet and the Agreement, it is particularly important to pay attention to issues of timing. Certain steps must be completed prior to others, and most steps must be completed within specific timeframes or the overall project will fall behind schedule. I Your Agreement commits you to complete your development project in two years -- no later than December 31, 2003. Staying on schedule is very important. ‘r The two-year project completion timeframe begins when the Project Agreement is issued. Delays in executing the Project Agreement will reduce the amount of time available for construction. We are looking forward to working with you on completion of your MNRTF project and know it will be a valuable addition to Michigan's recreation estate. If you need any assistance or have any questions, please do not hesitate to contact us. Questions and correspondence should be directed to Ms. Linda Hegstrom, your Grant Coordinator, at 517-241-4128, or you may contact me at 517-335-4050. Our mailing address is: GRANTS ADMINISTRATION DIVISION MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30425 LANSING MI 48909-7925 Sincerely, JaThes Wood, Manager Resource Protection Section Grants Administration Division Finance and Operations Services Bureau 517-335-4050 JW/tts Enclosures cc: Ms. Linda Hegstrom, DNR DNR State of Michigan, Department of Natural Resources, Finance and Operations Services Bureau, Grants Administration Division MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT PROJECT AGREEMENT Project Number: TF 01-022 Project Title: Independence Oaks Youth Camp 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 (MNRTF) Board of Trustees (BOARD) to receive a grant. In PA 120 of 2001, 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 April 1, 2002. 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 TF 01-022 (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 January 1, 2002 to December 31, 2003, 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 its Grants Administration Division. a. All reports, documents, or actions required of the GRANTEE shall be submitted to the Michigan Natural Resources Trust Fund, Michigan Department of Natural Resources, Grants Administration Division, P.O. Box 30425, Lansing, Michigan 48909-7925. 1 of 14 PR1920 (Rev. 12/03/2001 • The GRANTEE'S representative for this project is: _ „ - Namf Mailing Addres: ' ' - - Phone Number: Fax Number'. c. All notices, reports, requests or other communications from the DEPARTMENT to the GRANTEE shall be sufficiently given when mailed and addressed as indicated above. The DEPARTMENT and the GRANTEE may by written notice designate a different address to which subsequent notices, reports, requests, or other communications shall be sent. 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: Restroom/shower facility Electrical Septic field Boardwalk Well Trail Shelters Tent platforms 6. The DEPARTMENT agrees as follows: a. To grant to the GRANTEE a sum of money equal to Fifty-Six (56%) percent of Two Hundred Ninety Thousand Four Hundred ($290,400.00) dollars, which is the total eligible cost of construction of the project facilities including engineering costs, but in any event not to exceed One Hundred Sixty-Three Thousand Two Hundred ($163,200.00) 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 Fifty-Six (56%) 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 DEPARTMENT, including but not limited to copies of invoices, cancelled 2 of 14 PR1920 (Rev. 12/03/2001 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 engineering 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 pending satisfactory project completion as determined by the DEPARTMENT and completion of a satisfactory audit. 7. The GRANTEE agrees as follows: a. To immediately make available all funds necessary to incur all necessary costs required to complete the project and to provide One Hundred Twenty-Seven Thousand Two Hundred ($127,200.00) dollars in local match. This sum represents Forty-Four (44%) 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 of execution of this Agreement 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. iii. Upon written DEPARTMENT approval, openly advertise and seek written bids for contracts for purchases or services with a value equal to or greater than $25,000 and accept the lowest qualified bid as determined by the GRANTEE'S Prime Professional. 3 of 14 PR1920 (Rev. 12103/2001 iv. Upon written DEPARTMENT approval, solicit three (3) written quotes for contracts for purchases or services between $1,000 and $25,000 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, 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; and the Utilization of Public Facilities by Physically Limited Act, P.A. 1 of 1966, as amended. vii. 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. Membership or annual permit systems are prohibited, 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. 4 of 14 PR1920 (Rev. 12/03/2001 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 agree that the project area will not be named in honor of a person either living or deceased, where the Trust Fund has assisted in the development of the project. k. To erect and maintain a plaque on the park entry sign of the property which designates this project as one having been constructed with assistance from the MNRTF. The size, color, and design of this plaque shall be in accordance with DEPARTMENT specifications. 8. Only eligible costs and expenses incurred toward completion of the project facilities during the project period shall be considered for reimbursement under the terms of this Agreement. Eligible engineering costs incurred toward completion of the project facilities in the six months preceding 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 March 31, 2004. If the GRANTEE fails to submit a complete final request for reimbursement by March 31, 2004 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. J. 5 of 14 PR1920 (Rev. 12103/2001 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 are 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, 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: (a) any possibility of reverter or right of entry for condition broken or any other executory limitation which may result in defeasance of title or (b) 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 app-roval from the DEPARTMENT of a lease and/or easement for 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. 6 of 14 PR1920 (Rev. 12/03/2001 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 during the life of said project, either in fee 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. 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 recreational and monetary 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 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 at least equal fair market value, and of reasonably equivalent usefulness and locality. The DEPARTMENT shall approve such replacement only upon such conditions as it deems necessary to assure the substitution of GRANTEE of other outdoor recreation properties and project facilities of at least equal fair market value and of reasonably equivalent usefulness and location. Such replacement shall be subject to all the provisions of this Agreement. 18. The GRANTEE acknowledges that: a) The GRANTEE has examined the project area and that it has found the property to be safe for public use or that action will be taken by the GRANTEE before beginning the project to assure safe use of the property by the public, and 7 of 14 PR1920 (Rev. 12103/2001 b) The GRANTEE is solely responsible for development, operation, and maintenance of the project area and project facilities, and that responsibility for actions taken to develop, operate, or maintain the property is solely that of the GRANTEE, and c) The DEPARTMENT'S involvement in the premises is limited solely to the making of a grant to assist the GRANTEE in developing same. 19.The GRANTEE assures the DEPARTMENT that the proposed State-assisted action will not have a negative effect on the environment and, therefore, an Environmental Impact Statement is not required. Furthermore, the GRANTEE assures the DEPARTMENT that the project area to be assisted is not a facility as defined in Part 201 of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, amended, or has provided the DEPARTMENT with documentation that Department of Environmental Quality-approved remedial actions have been taken to make the site safe for its intended use. 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 Environmental Quality-approved response actions have been or will be taken to make the site safe for its intended use within the project period, and that implementation and long-term maintenance of response actions will not hinder public outdoor recreation use and/or the resource protection values of the project area. 8 of 14 PR1920 (Rev. 12/03/2001 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. 23. The GRANTEE shall acquire and maintain, or cause to be acquired or maintained, 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 any of them may be 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 specific rights, including appurtenant riparian rights, 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 9 of 14 PR1920 (Rev. 12103/2001 c. Withhold action on all pending and future grant applications submitted by the GRANTEE under the Michigan Natural Resources Trust Fund and the Land and Water Conservation Fund; and/or d. Require the GRANTEE to pay penalties or perform other acts of mitigation or compensation as directed by the DEPARTMENT or the BOARD; and/or e. Require repayment of grant funds paid to GRANTEE; and/or f. Require specific performance of the Agreement. 29. 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. 30. 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, or disability that is unrelated to the person's ability to perform the duties of a particular job or position. The GRANTEE further agrees to comply with the civil rights requirements set forth by the DEPARTMENT and that any subcontract shall contain a non-discrimination provisions which is 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. 31.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 pursuant to Public Act No. 278 of 1980. 32.The GRANTEE hereby agrees to bury all new telephone and electrical wiring within the project area. 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 it and returned it together with the necessary attachments within 90 days of the date the Agreement is issued by the DEPARTMENT, and b. the DEPARTMENT has signed it. 10 of 14 PR1920 (Rev. 12103/2001 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and date first above written. Tipprove yies u (Frile76F76TFT-iac e'd)-Of the GRANTEE SIGNED: WITNESSED BY: MICHIGAN DEPARTMENT OF NATURAL RESOURCES SIGNED: WITNESSED BY: By: Sharon L. Edgar Title: Chief, Grants Administration Division Finance and Operations Services Bureau Date: 11 of 14 PR1920 (Rev. 12/03/2001 APPENDIX A LEGAL DESCRIPTION OF THE PROJECT AREA 12 of 14 PR1920 (Rev. 12/03/2001 APPENDIX B BOUNDARY MAP OF THE PROJECT AREA 13 of 14 PR1920 (Rev. 12103/2001 SAMPLE RESOLUTION (Development) Upon motion made by , seconded by , the following Resolution was adopted: "RESOLVED, that the , Michigan, does hereby accept the terms of the Agreement as received from the Michigan Department of Natural Resources, and that the does hereby specifically agree, but not by way of limitation, as follows: 1. To appropriate all funds necessary to complete the project during the project period and to provide ($ ) dollars to match the grant authorized by the DEPARTMENT. 2. To maintain satisfactory financial accounts, documents, and records to make them available to the DEPARTMENT for auditing at reasonable times. 3. To construct the project and provide such funds, services, and materials as may be necessary to satisfy the terms of said Agreement. 4. To regulate the use of the facility constructed and reserved under this Agreement to assure the use thereof by the public on equal and reasonable terms. 5. To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution." The following aye votes were recorded: The following nay votes were recorded: STATE OF MICHIGAN ) ss COUNTY OF , Clerk of the , Michigan, do hereby certify that the above is a true and correct copy of the Resolution relative to the Agreement with the Michigan Department of Natural Resources, which Resolution was adopted by the at a meeting held Signature Title Dated: 4 *, • 0 FISCAL NOTE 102069 March 28, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION - INDEPENDENCE OAKS YOUTH CAMP 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 resolution authorizes acceptance of a new Michigan Natural Resources Trust Fund grant in the amount of $163,200 from the Michigan Department of Natural Resources for the purpose of developing a Youth Camp at Independence Oaks. 2. Local match of $127,200, or 44% of the total eligible project cost of $290,400, is required and is available in the FY 2002 Parks and Recreation Capital Improvement Projects Budget. 3. No additional County match is required. FINANCE COMMITTEE al/Pt FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Patterson absent. G. William Caddell, County Clerk 1,1 .o. Resolution #02069 March 28, 2002 Moved by Middleton supported by Douglas the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). 1401 I HERESY PROVE 11 ronEcionvo RESOLUTION Brooke Pottot County Executive Dote 11141wiromarmir AINIIIIIMMONONIONIMPMMEMININftesomrs 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 March 28, 2002, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the eaI of the County of Oakland at Pontiac, Michigan this 28 ° day of March, 2002.