HomeMy WebLinkAboutResolutions - 2005.12.08 - 27801the Oakland County Board of
Parks and Recreation Commission
the amount of $4,250 from the
the purpose of tree planting at
Government Committee, I move the
MISCELLANEOUS RESOLUTION #05 282 December 8, 2005
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - SUPPORT FOR THE ACCEPTANCE OF THE
GROVELAND OAKS EMERALD ASH BORER TREE PLANTING GRANT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Natural Resources Urban & Community
Forestry Program has awarded Oakland County Parks and Recreation Commission
grant funding in the amount of $4,250 for the period of October 1, 2005
through July 31, 2006; and
WHEREAS a local County match of $4,250, or 50% of the total eligible
project cost of $8,500, is required and is available in the Parks and
Recreation fund; and
WHEREAS the Oakland County Parks and Recreation Commission on November
2, 2005 supported the acceptance of the Emerald Ash Borer Tree Planting
Grant; and
WHEREAS the reforestation of parklands meets the goals and objectives
of the Oakland County Recreation Master Plan as of February 6, 2002; and
WHEREAS the grant agreement has been approved through the County
Executive Contract Review Process and Board of Commissioners' Grant
Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that
Commissioners authorizes the Oakland County
to enter into said agreement and grant in
Michigan Department of Natural Resources for
Groveland Oaks.
Chairperson, on behalf of the General
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
uhget-47 k foctittm
General Government Committee Vote:
Motion carried on a roll call vote with Melton absent.
RESOLUTION
IN SUPPORT OF THE ACCEPTANCE OF A FORESTRY GRANT AWARD
WHEREAS, Oakland County Parks have been severely impacted by the effects of the
Emerald Ash Borer infestation; and
WHEREAS, the Oakland County Parks staff has applied for and been awarded a
reimbursement grant from the 2005 Emerald Ash Borer Tree Planting Grant Program,
administered by the Michigan Department of Natural Resources; and
WHEREAS, the Tree Planting Grant will assist in current efforts by Oakland County
Parks staff to replace trees that have been infested by the Emerald Ash Borer; and
WHEREAS, the Tree Planting Grant and current tree planting efforts by Oakland County
Parks staff do not require an expenditure from the Oakland County General Fund; and
WHEREAS, the reforestation of parklands is consistent with established priorities in the
2002 Parks and Recreation Master Plan;
NOW THEREFORE BE IT RESOLVED THAT THE Oakland County Parks and
Recreation Commission supports the acceptance of the $4,250.00 Tree Planting Grant award
for the benefit of Oakland County Parks and the residents of Oakland County with matching
funds to be designated from the one-quarter mil.
Movecrby:
Supported by:
Date: November 2005
Subscribed and sworn before me, a Notary Public in and for the County of Oakland and the
State of Michigan, the NI" day of November, 2005.
KAREN S. KOHN
Notary Public, Oakland County, Michigar
My Commission Expires February 1 ',nn-
Acting in the County of OakIan,
Jon Noyes
From: Greg Givens [givensg@co.oakland.mi.us]
Sent: Thursday, November 17, 2005 10:30 AM
To: Figaj@co.oakland.mi.us; Noyes, Jon; Doyle, Larry; Falardeau, Nancy
Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
Subject: GRANT REVIEW — Parks and Recreation
GRANT REVIEW - Parks and Recreation
GRANT NAME: Emerald Ash Borer Tree Planting Grant
FUNDING AGENCY: Michigan Department of Natural Resources
DEPARTMENT CONTACT PERSON: Joseph Figa / 84620
STATUS: Acceptance
DATE: November 17, 2005
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have
completed internal grant review. Below are the comments returned by review departments.
Corporation Counsel and Risk Management have provided comment. The modifications required
by both Corporation Counsel and Risk Management must be incorporated into the contract
prior to contract execution by the Board Chair. A copy of this review comment "sign-off"
sheet must be signed by the operating department's director at the space provided below
Corporation Counsel's comments. This signature is to acknowledge the required
modification is made to the contract. The sign-off sheet, with department signature, must
accompany the contract when presented to the Board Chair for signature.
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 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 of Management and Budget:
Approved.- Laurie Van Pelt (11/7/2005)
Department of Human Resources:
Approved. - Nancy Scarlet (11/10/2005)
Risk Management and Safety:
Approved with Modification.
Section 18 - Indemnification clause. This clause is contrary to County policy and
Corporation Counsel can address this section. Section 19 - First Paragraph - add words in
quotations - The Grantee "may be self-insured" or shall purchase insurance.. . . Section
19 - Last Paragraph - Add words in quotations - The insurance "or self-insurance" shall be
written for not less than any limits of liability specified. . . . Section 19 - Last
Paragraph - Delete words in quotations - 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." - Julie Secontine (11/16/2005)
Corporation Counsel:
I received two original revised Agreements in this afternoon's mail. I will put them in
the interoffice mail for pickup tomorrow morning. Please substitute these Agreements for
the ones you previously received from the State. With the substitution of these revised
Agreements I approve same for signature. - John Ross (11/16/2005)
This is to certify that the required changes noted by
1
Corporation Counsel and Risk Management are made to the
contract / cooperative agreement being signed by the Board
Chair.
Department Director Date
NOV-18-2005 FRI 01:12 PM FAX NO. P. 02
MICHIGAN DEPARTMENT OF NATURAL RESOURCES - FOREST, MINERAL AND FIRE MANAGEMENT
EMERALD ASH BORER (EAB) TREE PLANTING GRANT PROGRAM AGREEMENT
Issued under authonly of Part 5 of Act 451, PA 1994, as amended, and the U.S. Cooperative Forestry Assistance Al of 1978, CFDA 10.664,
Subject to the provisions of the law and the conditions herein contained. EAB Tree Planting Grant Program grants am hereby aviarded to the persons named herein.
LEGAL NAME OF GRANTEE GRANT NUMBER GRANT ISSUED GRANT AMOUNT
Oakland County Parks and Recreation EAB 05-97 10/01/2005 $4,250.00
STREET ADDRESS FEDERAL I.D. NUMBER STARTING DATE ENDING DATE
2800 Watkins Lake Rd. 38-6004876 10/01/2005 08/01/2006
CITY STATE ZIP CODE GRANTEE CONTACT NAME GRANTEE TELEPHONE NUMBER
Waterford MI 48328-1917 Jon Noyes 248.858.4624
FINANCIAL BREAKDOWN OF FEDERAL FUNDS AWARDED LOCAL MATCH
ESTIMATED PROJECT COSTS (MAX. 50% OF PROJ.) (MIN. 50% OF PROJECT)
PERSONNEUFRINGES $ $
TREES $ 4250 $ 4250* _
SUPPLIES $ $ *
VOLUNTEER VALUATION $ $ *
CONTRACTUAL $ $ *
EQUIPMENT $ $ -- *
ASH TREE REMOVALS $ $ *
OTHER $ $ *
OTHER $ $ *
TOTAL $ 4250 $ 4250*
SPECIAL CONDITIONS OF GRANT (Subject to the conditions contained in Attachment 1.)
*Anticipated match source only. Actual match source may differ as needed. Grant will not cost-share for purchase of Norway Maple- Acer platanoides.
Bare-rooted and small/medium containerized stock will be reimbursed the actual purchase cost up to $40 per tree. Large containerized stock will be
reimbursed the actual purchase cost up to $55 per tree. Balled and bunapped trees will be reimbursed the actual purchase cost up to $125 per tree. Tree
planting costs are not reimbursable, but may be used as part of the applicants matching portion.
Section 18&19 from EAB Tree Planting Grant Agreement Attachment 1 (IC 4028-3) do not apply. The following language replaces Sections 18 & 19.
Inasmuch as each party to this agreement is a governmental entity, each party to this agreement will provide Its own legal representation and bear Its own
costs, including judgments, in any litigation that may ariie from performance of this agreement Since neither the State ot Michigan nor the County of
Oakland is free under the Michigan Constitution to lend Its credit, therefore, neither party will hold the other harmless nor defend and indemnify the other
party from and against any damages, claims, or liabilities arising out of or related In any way to this agreement.
THIS GRANT AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND REQUIREMENTS:
1. This grant Is subject to the conditions contained in Attachment 1 (IC 4028-3).
' 2. Grant reimbursement may be made upon verification of actual expenditures and In accordance with conditions listed in Attachment 1.
3. Request for payments may be made when the project has been completed, but must be received no later than 30 days after the grant period ends and in accordance
with the conditions listed in Attachment I.
4. All publications or oral presentations concerning the grant will contain an acknowledgment of the State's participation and support and U.S. Department of
Agriculture, forest Service parlidpation and support Attachment 1 provides further Information.
5. The Grantee hereby assures and certifies that ha/she will compty with all State and Federal laws, rules, regulations, paroles, guidelines, and n3quIrements. Also, the
applicant assures and certifies with respect to the agreement that
It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the appficantt
governing body, authorizing the Ning of the application, including all understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the application and to provide such additional 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
RETURN BOTH SIGNED COPIES OF THIS AGREEMENT TO:
EAB GRANT PROJECT
FOREST, MINERAL AND FIRE MANAGEMENT
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30452
LANSING MI 48909-7952
DNR Representative's Signature Date
DNR REPRESENTATIVE TO CONTACT RELATIVE TO
THIS GRANT AGREEMENT.
Kerry Gray
DNR-FMFM Lansing Office
TELEPHONE NUMBER: 517-241-1833
FAX NUMBER: 517-373-2443
TTY/TDD: 711 (Michi9an1.2±11 Center)
MICHIGAN DEPARTMENT OF NATURAL RESOURCES - FOREST, MINERAL AND FIRE MANAGEMENT
EMERALD ASH BORER (EAB) TREE PLANTING GRANT AGREEMENT - ATTACHMENT 1
Issued under authority of Part 5 of Act 451, P.A. 1994 as amended, and the U. S. Cooperative Forestry Assistance Act of 1978, CFDA 10.664,
to provide information regarding terms and conditions of EAB 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, Mineral and Fire Management
Division is referred to as the Department. Acting for the State
is the Grant Officer, Lynne Boyd, referred to as the State. The
Grant Supervisor is Kerry Gray.
SECTION 1. GRANT
This grant consists of the Grantee's EAB Tree Planting Grant
Application (PR 4028-1), EAB Tree Planting Grant Agreement
(PR 4028-4), EAB Tree Planting Grant Agreement Attachment
1 (IC 4028-3), 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 EAB 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 30 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 the
Department. 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 scope 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.
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
IC 4028-3 (Rev, 05/06/2005) Page 1 of 4
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.
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 U.S.
Department of Agriculture, Forest Service.
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 U.S.
Department of Agriculture, Forest Service'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, Mineral and Fire Management Division and the
USDA Forest Service, State & Private Forestry Program."
Where appropriate, project signs or other information placards
should acknowledge Department and USDA Forest Service
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.
IC 4028-3 (Rev. 05/06/2005) Page 2 of 4
g.
d. The Grantee will, in all t olicitatidns 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 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.
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.
IC 4028-3 (Rev. 05/06/2005) Page 3 of 4
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
The Grantee shall permit the State or any of its identified
agent's 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.
IC 4028-3 (Rev. 05/06/2005) Page 4 of 4
FISCAL NOTE (MISC. #05282) December 8, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: PARKS AND RECREATION - SUPPORT FOR THE ACCEPTANCE OF THE
GROVELAND OAKS EMERALD ASH BORER TREE PLANTING GRANT
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. Oakland County Parks and Recreation Commission (OCPR) has
been awarded a Michigan Department of Natural Resources
Urban & Community Forestry Program fund grant in the amount
of $4,250 for the period of October 1, 2005 through July
31, 2006.
2. The purpose of the grant is to provide funding for Emerald
Ash Borer Tree Planting at Groveland Oaks County Park.
3. The grant period is from October 1, 2005 through July 31,
2006.
4. The total cost for the project is $8,500, with $4,250 (50%)
of the cost from the State of Michigan and $4,250 (50%) for
the local match from the Oakland County Parks and
Recreation fund.
5. No General Fund appropriation is required. Funding is
available within the Parks and Recreation Fund.
6. No budget amendment is necessary.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton and Woodward
absent.
I HEREBY AP VE THE FORMS RESOLUIION
Resolution #05282 December 10, 2005
Moved by Gregory supported by Douglas the resolutions on the Consent Agenda, as amended, be
adopted (with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton,
Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 December 8, 2005,
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 8th day of December, 2005.
, County Clerk