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HomeMy WebLinkAboutResolutions - 2007.02.01 - 28411MISCELLANEOUS RESOLUTION # 07017 February 1, 2007 BY: General Government Committee, Christine Long, Chairperson IN RE: CLERK/REGISTER OF DEEDS - CALENDAR YEAR 2007 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS this is an ongoing grant, and the fourteenth (14 th) year of funding by the State of Michigan, Department of Labor and Economic Growth; and WHEREAS the grant award of $498,850 consists of $398,850 in current program costs and $100,000 as reimbursement for past expedited expenditures; and WHEREAS no additional personnel or local match is required; and WHEREAS acceptance of this grant does not obligate the County to any future commitment; and WHEREAS approximately 4,231 corners have been remonumented and approved by the Peer Review process and 74 corners are currently being remonumented through the Remonumentation Program. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Assistance for Survey, Monunnentation and Remonumentation Grant for the period of January 1, 2007 through December 31, 2007 in the amount of $498,850. BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement. BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of Commissioners hereby appoints the County Clerk/Register of Deeds, or her designee, as the Grant Administrator. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the continuation of the Remonumentation Program. Chairperson, on behalf of the General Government Committee, I move adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE \AA,k Ruth Johnson Oakland County Clerk/Register of Deeds TO: Bill Bullard, Jr. Chairman, Board of Commissioners FROM: Jim VanLeuven, Deputy Clerk/Register of Deeds DATE: January 23, 2007 RE: 2007 Survey and Remonumentation Grant Approval Attached is the approval for the above referenced grant from the State Department of Labor & Economic Growth. Oakland County needs to sign and return this agreement as soon as possible because the State will remit to us approximately $200,000 when they receive the signed agreement Given the current Board of Commissioners meeting schedule, following our grant procedures would mean the Board would not approve the grant until March 8,2007. We telephoned the State and learned that we risk losing our "place in line" for funding by waiting until March to submit the signed agreement We are requesting a waiver of rules IX - D and XII - C allowing the attached resolution, with fiscal note, to be included on the agenda for the February 1, 2007 Board meeting. This action would ensure our initial distribution of $200,000. Please note the State approved the grant application as submitted. The grant application was on the General Government and Finance committee agendas as an information item after being approved by Department of Management and Budget, Department of Human Resources, Risk Management and Safety and Corporation Counsel. Should you have any questions or concerns please do not hesitate to contact me direct*. Thank you for your consideration of this request. Jim VanLeuven Deputy Clerk/Register of Deeds vanleuveni@co.oakland.mi.us www.oakgov.com/clerkrod 248-858-0561 248-858-1943 (fax) Page 1 of 2 Helen Hanger From: Larry Doyle [doylel@co.oakland.mi.us ] Sent: Wednesday, January 24, 2007 11:56 AM To: hangerh@oakgov.com Subject: FW: GRANT REVIEW - Clerk / Register of Deeds Helen, Jim VanLeuven got approval yesterday from Bill Bullard to have this item on the agenda for the February 1, board meeting, so that the Commissioners can get the information in their board packet. Thanks Original Message From: Greg Givens [mailto:givensg@oakgov.corn] Sent: Wednesday, January 24, 2007 10:51 AM To: VanPelt, Laurie; Davis, Patricia; Scarlet, Nancy; Secontine, Julie Cc: 'Jim VanLeuvere; 'Malone, Prentiss'; Worthington, Pam; Bertram, Kevin; Cunningham, Judy; Doyle, Larry; Fournier, Nancy; Frederick, Candace; Greg Givens; Guzzy, Scott; Hanger, Helen; Johnston, Brenthy; Mason, Jennifer; Mitchell, Sheryl; Pardee, Mary; Plotkowski, Andrea; Ross, Dave; Shortley, Joellen; Smith, Laverne; Wenzel, Nancy; 'Johnson, Sandy'; 'Easterling' Subject: GRANT REVIEW - Clerk / Register of Deeds GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Nancy Scarlet — Julie Secontine — Pat Davis RE: GRANT REVIEW — Clerk / Register of Deeds CY 2007 Grant Assistance for Survey and Remonumentation Michigan Department of Labor & Economic Growth Attached to this email please find the grant document(s) to be reviewed. Please provide review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply to this email (to all), Time Frame for Returned Comments: January 31, 2007 NOTE — Due to time constraints, this contract is being fast tracked directly to the 2/1/2007 BoC meeting. GRANT INFORMATION Date: January 24, 2007 Operating Department: Clerk / Register of Deeds Department Contact: Jim VanLeuven Contact Phone: 8-0561 Other ID Number: BCCFS 07-63 REVIEW STATUS: Acceptance — Resolution Required (Application completed review on November 17, 2006 with all approvals) Funding Period: January 1, 2007 through December 31, 2007 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None M/WBE Requirements: No Funding Continuation/New: Continuation Application Total Project Amount: $498,850 1/24/2007 Page 2 of 2 Prior Year Total Funding: $965,639 New Grant Funded Positions Request: None Changes to Current Positions: Continued support of position #'s 07330, and 07331(vacant) Grantor Funds: $498,850 Total Budget: $398,850 (Minus Reimbursement for Expedited Expenditures - Refer to Budget) Match and Source: No local match required. PROJECT SYNOPSIS The grant provides funding for the monumentation and remonumentation of property controlling corners as required by PA 345 of 1990. The purpose is to locate and properly monument Section and Property Controlling corners. Also, retrieve GPS data for all monumented corners. This is an ongoing grant from the State of Michigan that began in 1993. 1/24/2007 JENNIFER M. GRANHOLM GOVERNOR STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH LANSING ROBERT W. SWANSON DIRECTOR January 17, 2007 Ms. Ruth Johnson Oakland County Grant Administrator 1200 N. Telegraph Road Department 480 Pontiac, MI 48341-0480 Dear Ms. Johnson: The 2007 Survey and Remonumentation Grant Application submitted by Oakland County has been reviewed and approved by the State Grant Administrator. Enclosed is your copy of the 2007 Grant Agreement along with 2 extra copies of the original signature page. PLEASE RETURN 2 ORIGINAL signature pages to our office as soon as the County Grant Administrator has signed and dated them. The remaining Grant Agreement and signature page is for your files. The 40 percent start-up payment will be processed upon receipt of the 2 signature pages of the Grant Agreement and your signed request for payment. PLEASE NOTE: We do not have your signed request for the start-up payment (copy enclosed). As stated in the grant agreement, the County Grant Administrator may prepare/file a Work Progress Report for a second payment of up to 45 percent of the total State Grant Amount or a Completion Report for payment of up to 60 percent of total State Grant Amount any time after July 1, 2007. Progress and final payments are contingent upon submission of all work program and expenditure documentation as specified in the grant agreement. If you have any comments or questions, please contact our office at 517-241-6321, fax 517-241- 6301, e-mail niohns@michigan.gov or mrdyer@michigan.gov . Sincerely, NanCy Mohnston, Analyst Office of Land Survey and Remonumentation cc: Joseph C. Kapelczak, P.S., County Representative Providing for Michigan's Safety in the Built Environment BUREAU OF CONSTRUCTION CODES P.O. BOX 30704 • LANSING, MICHIGAN 48909 Phone (517) 241-6321 o Fax (517) 241-6301 www.michigan.gov GRANT NO. BCCFS 07-63 GRANT BETWEEN THE STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH AND OAKLAND COUNTY GRANTEE/ADDRESS: Contact Name Organization Name Address City, State, Zip Telephone: FAX: Ruth Johnson County of Oakland 1200 N. Telegraph Road Department 480 Pontiac, MI 48341-0480 (248) 858-1447 (248) 858-7466 GRANT ADMINISTRATOR/ADDRESS: Maynard R. Dyer, Director Office of Land Survey & Remonumentation Department of Labor & Economic Growth P.O. Box 30004 Lansing, MI 48909 GRANT PERIOD: From 01-01-2007 to 12-31-2007 TOTAL ANNUAL PROJECT BUDGET FOR WORK IN CALENDAR YEAR 2007: Federal Contribution: State Grant Amount: County Cash Contribution: + Expedited Amount: - Reimbursement for Past Expedited Expenditures: $498,850.00 $100,000.00 $398,850.00 2007 TOTAL ANNUAL PROJECT BUDGET: ACCOUNTING DETAIL: Index 48064/ PCA 02935 Fed I.D. No. 386004876 1.1. Statement of Work The Grantee agrees to undertake, perform, and complete the following. These services are more specifically described in the Grantee's Proposal, Attachment A. A. The Grantee shall submit reports and/or documents as may be specified in this agreement and other reports that may be requested by the Grant Administrator. These reports, at a minimum, shall consist of the following: 1. A work progress report in a format prescribed by the Office of Land Survey and Remonumentation that will include: a. Work accomplished during the reporting period and the work to be completed during the subsequent reporting periods with the following supporting documentation for work completed: 1) A copy of the recorded Land Corner Recordation Certificate (LCRC) for each corner with monumentation completed. 2) A corner marker and accessories site inspection report (if under a perpetual monument maintenance work program). 3) The Grantee's comer LCRC Data and MCS83 report for state plane coordinate work completed, submitted to the state on the web-based Remonumentation System. 4) A paper copy of each Mark Recovery Report (recovery report of published control stations) entered on the NGS web site on the Internet. 5) A paper copy of the report for each unpublished control station. Unpublished control stations are to be reported in a format similar to the old DDPROC report. While this program does not require that each control station be blue-booked, it does require that an inventory be maintained. 2. A final completion report for the grant period documenting work completed and expenditures incurred in a format provided by the Office of Land Survey and Remonumentation that shall include: a. A brief written narrative explanation of the total work accomplished during the grant year, including any additional work completed that was not specified in the approved annual work program. When a work item that was specified in the approved work program is not completed, the Grantee shall provide a written narrative explanation. b. The following supporting documentation for work completed that was not previously submitted with the work progress report: 3 1) A copy of the recorded Land Corner Recordation Certificate (LCRC) for each corner with monumentation completed. 2) A corner marker and accessories site inspection report (if under a perpetual monument maintenance work program). 3) The Grantee's corner LCRC Data and MCS83 Report for any state plane coordinate work completed, submitted to the state on the web-based Remonumentation System. 4) A paper copy of each Mark Recovery Report (recovery report of published control stations) entered on the NGS web site on the Internet. 5) A paper copy of the report for each unpublished control station. Unpublished control stations are to be reported in a format similar to the old DDPROC report. While this program does not require that each control station be blue-booked, it does require that an inventory be maintained. 3. State plane coordinate data: a. All surveys for establishing state plane coordinate values for public land survey corners and property-controlling corners shall conform to the County Plan and/or be performed to meet the published minimum standards and specifications of the FGCS. i. The standard deviation at 95% confidence level shall not exceed 0.125 international feet unless otherwise conforming to an approved county plan. In no case shall the relative error, expressed as a ratio, exceed 1 part in 10,000. ii. The contracting professional surveyor responsible for the state plane coordinate work shall submit: 1) the final adjusted coordinates; 2) a print-out of the final coordinates and the least square adjustment performed to determine the MCS83 coordinate values; and 3) FGCS and/or county plan compliance certification to the Grantee along with the following redundant measurements: independent measurements shall be made, using a different equipment configuration and/or technique from that originally used, between adjacent corners to compare with the final adjusted distance from the least squares adjustment program. These independent measurements shall be performed on a randomly selected minimum of 5% of quarter corner-section corner (half mile) or section corner-section corner (full mile) distances originally measured and adjusted. iii. The difference between any check measurements and the adjusted values shall not exceed 100 parts per million. iv. For projects where two or more surveyors are working in adjacent contract areas or where separate least square adjustments are made to establish state plane coordinates, the surveyors shall include in their survey all corners along the common boundary between their own contracted survey area and the 4 , adjacent contracted survey area. One set of coordinates shall be established at each corner by a contracted surveyor and the surveyor working in the adjacent area shall verify the coordinates to within the tolerances described above for each coordinate component. The standards and procedures in this paragraph shall also be followed along county lines. B. State plane coordinates reported by Grantees shall be submitted to the state on the web-based Remonumentation System data collection program provided by the Grantor. Reports shall contain the following information: I. The date of the survey and Geodetic Reference Spheroid Model (Adj Year) used in adjusting and determining state plane coordinates. 2. The adjusted MCS-83 North coordinate value in international feet to two decimal places and the adjusted MCS-83 East coordinate value in international feet to two decimal places. 3. The positional tolerance of that corner or station expressed as the standard deviation (95% confidence level) in the North coordinate value and the East coordinate value in international feet to two decimal places. 4. The Zone as defined in Act 9 of the Public Acts of 1964 as amended by Act 154 of the Public Acts of 1988. 5. The combined grid factor for that station to be used to convert grid distances to horizontal distances. 6. The Permanent Identification Number (the published NOAA/NGS PID) for the nearest First or Second Order horizontal geodetic control station from which the state plane coordinates were determined. Unpublished control stations are to be reported in a format similar to the old DDPROC reports with a paper copy provided. The station designation (name) should be entered in the Memo field of the database rather than the PID field for published NGS stations. The contracting professional surveyor responsible for the state plane coordinate work shall certify that the coordinates have been established and determined in conformance with the published FGCS standards and/or specifications of an approved county plan. The certification provided must be at least equivalent to the sample state plane coordinate certification provided by the Office of Land Survey and Remonurnentation. 8. The method of survey utilized to determine coordinate values. 9. The contracting professional surveyor's name, identification number, firm name and address. 5 10. The mean sea level elevation of the corner and the datum used. If mean sea level elevation is not available for a corner, then ellipsoid elevations are permitted. 11. Kinematic methods, whether real-time kinematic or post-processed kinematic, do not currently meet any published FGCS standard or specification for geodetic work and are not eligible for reimbursement under this grant program unless in conformance with an approved county plan. 1.2 Detailed Budget A. This Agreement does not commit the State of Michigan (State) or the Department of Labor & Economic Growth (DLEG) to approve requests for additional funds at any time. B. Attachment B is the Budget. The Grantee agrees that all funds shown in the Budget are to be spent as detailed in the Budget. Changes in the Budget of less than 5% do not require prior written approval, but Grantee must provide notice to the Grant Administrator. Changes in the Budget equal to or greater than 5% will be allowed only upon prior review and written approval by the Grant Administrator. 1.3 Payment Schedule A. The maximum amount of grant assistance offered is $498,850.00. An initial advance of $199,540.00 shall be made to the Grantee upon receipt by the Grant Administrator of a signed Agreement and a request for advance from the Grantee. B. The Grantee's grant administrator may submit a work progress report after July 1, 2007 accompanied by copies of all invoices, the Survey and Remonumentation account printout or equivalent general ledger copies, and applicable payroll records. C. After receipt and approval of the work progress report by the Grant Administrator, a second payment of up to an additional 45% of the state grant amount (based upon actual expenditures) may be paid to the grantee. The remaining portion of the state grant amount may be paid upon receipt and approval of the completion report. D. The Grantee's grant administrator may submit the completion report after July 1, 2007. Payment of the remaining grant balance (based upon actual expenditures) shall be made after the Grant Administrator has received and approved the completion report. The final report is also contingent upon the submission of all documentation of grant fund expenditures as well as work program records reported by line item and compared to the approved Budget. 6 1.4 Monitoring and Reporting Program Performance A. Monitoring. The Grantee shall monitor performance to assure that time schedules are being met and projected work by time period is being accomplished. B. Monthly Reports. The Grant Administrator may request monthly performance reports that briefly present the following information: 1. Percent of completion of the project objectives. This should include a brief outline of the work accomplished during the reporting period and the work to be completed during the subsequent reporting period. 2. Brief description of problems or delays, real or anticipated, which should be brought to the attention of the Grant Administrator. 3. Statement concerning any significant deviation from previously agreed-upon Statement of Work. C. A Final Report is required. The Grantee will do the following: 1. Submit one copy of the final report no later than February 15, 2008 for review by the Grant Administrator. 2. The final report will include the following information: a. A summary of the project implementation plan and any deviations from the original project as proposed. b. Accomplishments and problems experienced while carrying out the project activities. c. Coordinated efforts with other organizations to complete the project. d. Impacts, anticipated and unanticipated, experienced as a result of the project implementation. e. Financial expenditures of grant money and other contributions to the project. f. Any experience in applying the project products and anticipated "next steps." Actual Budget expenditures compared to the Budget in this Agreement. Include the basis or reason for any discrepancies. g. 7 PART - GENERAL PROVISIONS 2.1 Project Changes Grantee must obtain prior written approval for major project changes from the Grant Administrator. 2.2 Record Retention The Grantee shall retain all financial records, supporting documents, statistical records, and all other pertinent records for a period of seven (7) years or greater as provided by law following the creation of the records or documents. 2.3 Project Income To the extent that it can be determined that interest was earned on advances of funds, such interest shall be remitted to the Grantor. All other program income shall either be added to the project budget and used to further eligible program objectives or deducted from the total program budget for the purpose of determining the amount of reimbursable costs. The final determination shall be made by the Grant Administrator. 2.4 Share-in-savings The Grantor expects to share in any cost savings realized by the Grantee. Therefore, final Grantee reimbursement will be based on actual expenditures. Exceptions to this requirement must be approved in writing by the Grant Administrator. 2.5 Order of Spending A. Unless otherwise required, Grantee shall expend funds in the following order: (1) private or local funds, (2) federal funds, and (3) state funds. Grantee is responsible for securing any required matching funds from sources other than the State. 2.6 Purchase of Equipment The purchase of equipment not specifically listed in the Budget, Attachment B, must have prior written approval of the Grant Administrator. Equipment is defined as non-expendable personal property having a useful life of more than one year. Such equipment shall be retained by the Grantee unless otherwise specified at the time of approval. 8 2.7 Accounting The Grantee shall adhere to the Generally Accepted Accounting Principles and shall maintain records which will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. The Grantee's overall financial management system must ensure effective control over and accountability for all funds received. Accounting records must be supported by source documentation, including, but not limited to, copies of invoices for all services provided, Survey and Remonumentation fund printout or equivalent general ledger copies, and applicable payroll records. The expenditure of state funds shall be reported by line item and compared to the Budget. 2.8 Audit A. The Grantee agrees that the State may, upon 24-hour notice, perform an audit and/or monitoring review at Grantee's location(s) to determine if the Grantee is complying with the requirements of the Agreement. The Grantee agrees to cooperate with the State during the audit and/or monitoring review and produce all records and documentation that verifies compliance with the Agreement requirements. The Grantor may require the completion of an audit before final payment. B. If the Grantee is a governmental or non-profit organization, then Grantee is required to submit a Single Audit report to all agencies that provided federal funds to the entity during the fiscal year being audited. C. If the Grantee is a commercial or for profit organization which is a recipient of Workforce Investment Act Title I funds and expends more than the minimum level specified in Office of Management and Budget (OMB) Circular A-133 ($500,000 as of June 27, 2003), then the Grantee must have either an organization-wide audit conducted in accordance with A-133 or a program specific financial and compliance audit conducted. Section .320(a) of OMB Circular A-133 states the Single Audit report must be submitted to the Grantor within 30 days after the completion of the audit, but no later than 9 months after the end of the Grantee's fiscal year. 2.9 Competitive Bidding A. The Grantee agrees that all procurement transactions involving the use of state funds shall be conducted in a manner that provides maximum open and free competition. The Grantee's contractors and/or subcontractors shall be selected in compliance with Qualification-Based Selection as set forth in House Concurrent Resolution No. 206 (June 1987). B. All contracts should be negotiated to the extent that such negotiation is possible. 9 3.0 Liability The State is not liable for any costs incurred by the Grantee before the start date or after the end date of this Agreement. Liability of the State is limited to the terms and conditions of this Agreement and the grant amount. 3.1 Intellectual Property Unless otherwise required by law, all intellectual property developed using funds from this Agreement, including copyright, patent, trademark and trade secret, shall belong to the Grantee. 3.2 Safety The Grantee, all contractors, and subcontractors are responsible for insuring that all precautions are exercised at all times for the protection of persons and property. Safety provisions of all Applicable Laws and building and construction codes shall be observed. The Grantee, contractors, and every subcontractor are responsible for compliance with all federal, state and local laws and regulations in any manner affecting the work or performance of this Agreement and shall at all times carefully observe and comply with all rules, ordinances, and regulations. The Grantee, all contractors and subcontractors shall secure all necessary certificates and permits from municipal or other public authorities as may be required in connection with the performance of this Agreement. 3.3 Indemnification A. Inasmuch as each party to this grant is a governmental entity of the State of Michigan, each party to this grant must seek its own legal representation and bear its own costs; including judgments, in any litigation which may arise from the performance of this grant. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. B. To the extent permitted by law, the monumentation surveyor shall indemnify, defend and hold harmless the State and the Grantee from liability, including all claims and losses, and all related costs and expenses (including reasonable attorneys' fees and costs of investigation, litigation, settlement, judgments, interest and penalties), accruing or resulting to any person, firm or corporation that may be injured or damaged by the monumentation surveyor in the performance of this contract and that are attributable to the negligence or tortious acts of the monumentation surveyor or any of its subcontractors, or by anyone else for whose acts any of them may be liable. 10 3.4 Cancellation The State may terminate this Agreement without further liability or penalty to the State, its departments, divisions, agencies, offices, commissions, officers, agents and employees for any of the following reasons: A. Termination for Cause In the event that Grantee breaches any of its material duties or obligations under this Agreement or poses a serious and imminent threat to the health and safety of any person, or the imminent loss, damage or destruction of any real or tangible personal property, the State may terminate this Agreement immediately in whole or in part, for cause, as of the date specified in the notice of termination. B. Termination for Convenience The State may terminate this Agreement for its convenience, in whole or part, if the State determines that such a termination is in the State's best interest. Reasons for such termination shall be left to the sole discretion of the State and may include, but not necessarily be limited to (a) the State no longer needs the Services or products specified in the Agreement, (b) relocation of office, program changes, changes in laws, rules, or regulations make implementation of the services no longer practical or feasible. The State may terminate this Agreement for its convenience, in whole or in part, by giving Grantee written notice at least thirty (30) days prior to the date of termination. If the State chooses to terminate this Agreement in part, the Budget shall be equitably adjusted to reflect those reductions. C. Non-Appropriation Grantee acknowledges that continuation of this Agreement is subject to appropriation or availability of funds for this Agreement. If funds to enable the State to effect continued payment under this Agreement are not appropriated or otherwise made available (including the federal government suspending or halting the program or issuing directives preventing the State from continuing the program), the State shall have the right to terminate this Agreement, in whole or in part, at the end of the last period for which funds have been appropriated or otherwise made available by giving written notice of termination to Grantee. The State shall give Grantee at least 30 days advance written notice of termination for non- appropriation or unavailability (or such time as is available if the State receives notice of the final decision less than 30 days before the funding cutoff). In the event of a termination under this section, the Grantee shall, unless otherwise directed by the State in writing, 11 immediately take all reasonable steps to terminate its operations and to avoid and/or minimize further expenditures under the Agreement.D. Criminal Conviction The State may terminate this Agreement immediately and without further liability or penalty in the event Grantee, an officer of Grantee, or an owner of a 25% or greater share of Grantee is convicted of a criminal offense incident to the application for, or performance of, a State, public or private contract or subcontract or grant; convicted of a criminal offense, including any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; convicted under State or federal antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the State reflects upon Grantee's business integrity. E. Approvals Rescinded The State may terminate this Agreement without further liability or penalty in the event any final administrative or judicial decision or adjudication disapproves a previously approved request for purchase of personal services pursuant to Constitution 1963, Article 11, § 5, and Civil Service Rule 7-1. Termination may be in whole or in part and may be immediate as of the date of the written notice to Grantee or may be effective as of the date stated in such written notice. 3.5 No State Employees or Legislators No member of the Legislature or Judiciary of the State of Michigan or any individual employed by the State shall be permitted to share in this Agreement, or any benefit that arises from this Agreement. 3.6 Non-Discrimination In the performance of the Agreement, Grantee agrees not to discriminate against any employee or applicant for employment, with respect to his or her hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental disability. Grantee further agrees that every subcontract entered into for the performance of this Agreement will contain a provision requiring non-discrimination in employment, as here specified, binding upon each subcontractor. This covenant is required pursuant to the Elliott Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq. and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and any breach of this provision may be regarded as a material breach of the Agreement. 12 , 3.7 Unfair Labor Practices Pursuant to 1980 PA 278, MCL 423.231, et seq., the State shall not award a grant or subcontract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to section 2 of the Act. This information is compiled by the United States National Labor Relations Board. A Grantee, in relation to the Agreement, shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Pursuant to section 4 of 1980 PA 278, MCL 423.324, the State may void any Agreement if, subsequent to award of the Agreement, the name of Grantor as an employer or the name of the subcontractor, manufacturer or supplier of Grantor appears in the register. 3.8 Certification Regarding Debarment The Grantee certifies, by signature to this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any federal or State department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an explanation to this Agreement. 3.9 Illegal Influence A. The Grantee certifies, to the best of his or her knowledge and belief that: 1. No federal appropriated funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this grant, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Grantee shall require that the language of this certification be included in the award documents for all grants or subcontracts and that all subrecipients shall certify and disclose accordingly. The State has relied upon this certification as a material representation. Submission of this certification is a prerequisite for entering into this Agreement imposed by 31 USC § 13 j • I 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. The Grantee certifies, to the best of his or her knowledge and belief that no state funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any State agency, a member of the Legislature, or an employee of a member of the Legislature in connection with the awarding of any state contract, the making of any state grant, the making of any state loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state contract, grant, loan or cooperative agreement. 4.0 Governing Law The Agreement shall in all respects be governed by, and construed in accordance with, the substantive laws of the State of Michigan without regard to any Michigan choice of law rules that would apply the substantive law of any other jurisdiction to the extent not inconsistent with, or pre-empted by federal law. 4.1 Compliance with Laws Grantee shall comply with all applicable state, federal, and local laws and ordinances ("Applicable Laws") in performing this Agreement. 4.2 Jurisdiction Any dispute arising from the Agreement shall be resolved in the State of Michigan. With respect to any claim between the parties, Grantee consents to venue in Ingham County, Michigan, and irrevocably waives any objections it may have to such jurisdiction on the grounds of lack of personal jurisdiction of such court or the laying of venue of such court or on the basis of forum non conveniens or otherwise. Contractor agrees to appoint agents in the State of Michigan to receive service of process. 4.3 Assignment Grantee shall not have the right to assign the Agreement, or to assign or delegate any of its duties or obligations under the Agreement, to any other party (whether by operation of law or otherwise), without the prior written consent of the Grantor. Any purported assignment in violation of this section shall be null and void. 14 4 .r I 4 4.4 Entire Agreement The Agreement, including any Attachments, constitutes the entire agreement between the parties with respect to the grant and supersedes all prior agreements, whether written or oral, with respect to such subject matter. 43 Independent Contractor Relationship The relationship between the State and Grantee is that of client and independent Contractor. No agent, employee, or servant of Grantee or any of its Subcontractors shall be or shall be deemed to be an employee, agent or servant of the State for any reason. Grantee will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of the Agreement. 4.6 Conflicts In the event of a conflict between the terms of this Agreement and any federal or state laws or regulations, the federal or state laws or regulations will supersede any contrary term contained in this Agreement. 15 FISCAL NOTE (MISC. 107017) February 1, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: CLERK/REGISTER OF DEEDS — CALENDAR YEAR 2007 ASSISTANCE FOR SURVEY, MONUMENTATION AND REMONUMENTATION 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 grant from the Michigan Department of Labor and Economic Growth for on-going funding of the Remonumentation program. 2. The grant award is for Calendar Year 2007 in the amount of $498,850. 3. $398,850 will fund current program costs and $100,000 is reimbursement for expedited expenditures. 4. No county match is required. 5. A budget amendment to the Fiscal Year 2007 Special Revenue Fund budget is recommended as follows: SPECIAL REVENUE FUND #29220 Adopted Change Amended Revenue FY 2007 FY 2007 FY 2007 2010401-172180-615571 Grant-State $987,218 ($488,368) $498,850 Total Special Revenue Fund Revenue $987,218 (MUM $498,850 Expenditures 2010401-172180-702010 Salaries $ 72,481 ($ 22,940) $ 49,541 2010401-172180-722740 Fringes $ 48,594 ($ 26,135) $ 22,459 2010401-172180-730709 Fees-Per Diem $ 15,000 $ 3,000 $ 18,000 2010401-172180-740128 Remon. Exp. $849,436 ($443,586) $405,850 2010401-172180-778675 Telephone $ 1,707 $ 1,293 $ 3,000 Total Special Revenue Fund Expenses $987,218 ($488,368) $498,850 FINANCE COMMITTEE 2.11-1/47 Ruth Johnson, County Clerk Resolution #07017 February 1,2007 Moved by Long supported by Crawford the resolution (with fiscal note attached) be adopted. AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard, Burns, Coulter, Crawford, Douglas. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. 01••n01. I HEREBY APPROVE THE FOREGOING RESOLUTION 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 February 1, 2007, 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 1st day of February, 2007.