HomeMy WebLinkAboutResolutions - 2021.01.21 - 34084MISCELLANEOUS RESOLUTION #21010 January 21, 2021
BY: Commissioner Kristen Nelson, Chairperson, Legislative Affairs and Government Operations
Committee
IN RE: CLERK/REGISTER OF DEEDS — 2021 SURVEY AND REMONUMENTATION GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Licensing and Regulatory Affairs (LARA), Bureau of Construction
Codes, Office of Land Survey and Remonumentation has awarded the Oakland County Clerk/Register of
Deeds funding in the amount of $322,165 for the Remonumentation program; and
WHEREAS this is an ongoing grant and the twenty-seventh year of funding by the State of Michigan,
Department of Licensing and Regulatory Affairs; and
WHEREAS the grant award of $322,165 consists of $322,165 in current program costs; and
WHEREAS the grant will provide partial reimbursement for one (1) existing General Fund/General
Purpose (GF/GP) Full -Time Eligible (FTE) Plat & Boundary Review Specialist position (#2010401-09329)
that is in charge of the monitoring and administrative matters of the program; and
WHEREAS no additional personnel or local match is required; and
WHEREAS approximately 4,641 corners have been remonumented and approved by the Peer Review
process, and 145 corners are currently being remonumented through the Remonumentation Program;
and
WHEREAS the grant agreement has completed the Grant Review Process and is in compliance with
Miscellaneous Resolution #19006.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
2021 Survey and Remonumentation Grant for the period of January 1, 2021, through December 31,
2021, in the amount of $322,165.
BE IT FURTHER RESOLVED that one (1) GF/GP FTE Plat & Boundary Review Specialist position
(#2010401-09329) will be partially reimbursed by the Remonumentation program effective January 1,
2021, through December 31, 2021.
BE IT FURTHER RESOLVED that with acceptance of the grant, the Oakland County Board of
Commissioners hereby appoints the County Clerk/Register of Deeds, Lisa Brown, as the Grant
Administrator as required by the State.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to
execute the contract agreement and that the Chairperson may approve amendments and extensions
within fifteen (15%) percent of the original award, consistent with the original agreement as approved.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment, and continuation of this program is contingent upon future levels of grant funding.
BE IF FURTHER RESOLVED a FY 2021 budget amendment is recommended for the Special Revenue
Fund to reflect the new grant award.
FY 2021 FY 2021
CLERK SURVEY REMONUMENTATION FUND (#29220) Adopted Amended
GR0000000345 Bud Ref: 2021 Analysis: GLB Activity: GLB Budget Amendment Budget
Revenue
2010401-172180-615572
State Operating Grants
$354,192
354 192
$ 0
Total Revenues
354 192
354 192
$ 0
Expenditures
2010401-172180-702010
Salaries
$ 1,392
($ 1,392)
$ 0
2010401-172180-730373
Contracted Services
36,000
( 36,000)
0
2010401-172180-730709
Fees- Per Diem
10,800
( 10,800)
0
2010401-172180-731458
Professional Services
306,000
( 306.000)
0
Total Expenditures
354 192
354 192
CLERK SURVEY REMONUMENTATION FUND (#29220)
GR0000001036 Bud Ref: 2021
Analysis: GLB Activity: GLB
Revenue
2010401-172180-615572
State Operating Grants
322 165
$322,165
Total Revenues
$ _0
22 165
322 165
Expenditures
2010401-172180-702010
Salaries
$ 0
$ 7,913
$ 7,913
2010401-172180-730373
Contracted Services
0
36,000
36,000
2010401-172180-730709
Fees- Per Diem
0
10,800
10,800
2010401-172180-731458
Professional Services
0
267,452
267,452
Total Expenditures
$ 0
322 165
322 165
Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move adoption
of the foregoing resolution.
Yv,;r^A NeI 44
Commissioner Kristen Nelson, District #5
Chairperson, Legislative Affairs and Government
Operations Committee
LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE VOTE:
Motion carried on a roll call vote with Kochenderfer and Jackson absent.
GRANT REVIEW SIGN -OFF — Register of Deeds
GRANT NAME: 2021 Survey and Remonumentation Grant
FUNDING AGENCY: State of Michigan
DEPARTMENT CONTACT PERSON: Ronald J. Crank, Jr./(248) 858-1447
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 12/01 /20
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign -
off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of
the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved by M & B.
The draft resolution needs to be updated for the budget amendment. Also, the last sentence need to be updated
to reflect the correct HSHS committee. —Lynn Sonkiss (12/01/20)
Human Resources:
FIR Approved — No HR Implications — Lori Taylor (11/24/20)
Risk Management:
Approved by Risk Management. — Robert > rlenbeek (11/24/20)
Corporation Counsel:
APPROVED by Corporation Counsel. —David Asmar (11/24/20)
GRANT NO. BCC 21-63
GRANT BETWEEN
THE STATE OF MICHIGAN
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
AND
OAKLAND COUNTY
GRANTEE/ADDRESS:
Lisa Brown
County of Oakland
1200 North Telegraph Road
Department 415
Pontiac, MI 48341-0480
(248) 858-1447
(248) 858-7466
STATE GRANT ADMINISTRATOR/ADDRESS:
Michael C. Barger, P.S., Director
Office of Land Survey and Remonumentation
Department of Licensing and Regulatory Affairs
P.O. Box 30254
Lansing, MI 48909
Phone: (517) 241-6321
Email: bargerm(a_)michigan.gov
GRANT PERIOD:
From: 01-01-2021 To: 12-31-2021
TOTAL AUTHORIZED BUDGET: $322,165.00
SIGMA Vendor ID: CV0048080
SIGMA Payment Address Code: 130
ACCOUNTING TEMPLATE: 6415137T001
GRANT
This is Grant No. BCC 21-63 between the Department of Licensing and Regulatory Affairs
(Grantor), and Oakland County (Grantee), is entered into pursuant to the State Survey and
Remonumentation Act, 1990 PA 345 (SSRA) and is subject to the terms and conditions of this
Agreement (Agreement).
1.0 Statement of Purpose
This Grant is offered annually to the Grantee in accordance with the requirements of the SSRA.
The SSRA establishes the State Survey and Remonumentation Fund which supports a program for the
monumentation and remonumentation and perpetual monument maintenance of original public land
survey corners, protracted public land survey comers and property controlling corners throughout the
State.
This Grant is offered to the Grantee to cant' out its annual work program as set forth and
approved by the Grantor in the Grantee's Survey and Remonumentation Grant Application, made part
of this Agreement as "Attachment A."
in accordance with the terms and conditions of this Grant, the Grantor will reimburse the
eligible expenses incurred by the Grantee to carry out the annual work program as set forth and
approved by the Grantor in "Attachment A."
1.1 Statement of Work
The Grantee agrees to undertake, perform, and complete the project described in the Grantee's
Proposal, Attachment A, file a Land Corner Recordation Certificate (LCRC) pursuant to the Corner
Recordation Act, 1970 PA 74 (CRA) with the addition of a geodetic coordinate value, the peer group
date, and county representative's signature on said LCRC for each corner identified in Attachment A
under the requirements of the SSRA.
The Grantee must submit a Completion Report as specified in this Agreement, may submit a
Work Progress Report as specified in this Agreement and provide any other reports or forms requested
by the Grantor.
1.2 Detailed Budget
A. This Agreement does not commit the State of Michigan (State) or the Department of
Licensing and Regulatory Affairs (LARA) to approve requests for additional finds at
any time.
B. if applicable, travel expenses will not be reimbursed at rates greater than the State
Travel Rates, Attachment B, without the prior written consent of the Grant
Administrator.
C. Attachment A includes the Budget. The Grantee agrees that all funds shown in
Attachment A are to be spent as detailed in Attachment A.
1.3
D. Changes in the Budget of less than 5 percent of the total line item amount do not
require prior written approval, but Grantee must provide notice to the Grant
Administrator.
E. Changes in the Budget equal to or greater than 5 percent of the total line item amount
will be allowed only upon prior review and written approval by the State Grant
Administrator. A formal grant amendment must be signed by both the Grantor and
Grantee.
Payment Schedule
A. The maximum amount of grant assistance offered is $322,165.00. An initial payment
of $128,866.00 (40 percent of the State Grant Amount) shall be made to the Grantee
upon submittal of the previous Grant Year Completion Report and all required
documentation to the State Grant Administrator.
B. Progress payments up to a total of 85 percent of the Total Authorized Budget may be
made upon submission of a Grantee request indicating the grant funds received, project
expenditures incurred, and objectives completed to date, as well as backup
documentation for all expenditures. Backup documentation must include a printout of
the 245 grant account, invoice copies, and a payroll printout for any county costs
supported with the grant, and be maintained for audit purposes in order to comply with
this Agreement.
C. Payment of the final 15 percent of the grant amount shall be made after completion of
the project and after the State Grant Administrator has received and approved the
Completion Report and supporting documentation as specified in this Agreement.
1984 PA 279 states that the State shall take all steps necessary to assure that payment for goods or
services is mailed within 45 days after receipt of the goods or services, a complete invoice for goods
or services, or a complete contract for goods or services, whichever is later.
1.4 Program Performance - Monitoring, Reporting and Documentation
A. Monitoring. The Grantee shall monitor performance to assure that time schedules are
being met and projected work by time period is being accomplished and provide a
status report to the State Grant Administrator upon request.
B. Reporting (see 1A.C. for documentation requirements):
The Grantee may submit to the State Grant Administrator a Progress Report
as soon as July 1 of the grant year but no later than September 30 of the grant
year with backup documentation for work completed and expenditures incurred
during the reporting period
2. The Grantee must submit to the State Gant Administrator a Completion
Report no later than February 1 following the close of the grant year
accompanied by all documentation for work completed and expenditures
incurred during the reporting period.
C. Documentation. Backup documentation must include the following, as applicable:
1. A written narrative of the total work accomplished during the grant year,
including an explanation for any additional work completed that was not
specified in the approved "Attachment A," any work not completed that was
specified in the approved "Attachment A," and any changes in an approved line
item of the budget approved in "Attachment A" (submit for Completion
Report only).
2. A narrative of any coordinated efforts with other organizations to complete the
project (submit for Completion Report only).
3. Invoices:
a. An invoice from all Peer Review Group members, each surveyor or any
other service provider for all services provided to the Grantee under
this Agreement, and other supplies and purchases, as outlined in the
approved "Attachment A" (submit for Progress Report and
Completion Report).
b. A detailed breakdown and backup documentation for any county costs
charged to the program as outlined in the approved "Attachment A"
(submit for Progress Report and Completion Report).
4. General Ledger: The County Treasurer's print-out of the State Survey and
Remonumentation grant account or equivalent ledger providing a detailed
history of each transaction occurring within the account, including all payroll,
indirect and/or overhead expenses. If not itemized in the ledger, a salary and
fringe benefits breakdown must also be submitted for all administrative staff
(submit for Progress Report and Completion Report).
A recorded LCRC prepared in compliance with the CRA and SSRA for each
coiner shall be submitted through the Accela Citizen Access (ACA)
portal. The LCRC shall include geodetic coordinate values for each coiner
recorded, signed by the county representative and reflect the date of the peer
review group meeting at which the coiner was reviewed. The county
representative will notify the State Grant Administrator when all the contract
corners are entered through ACA for the grant year.
PART 11- GENERAL PROVISIONS
2.1 Project Changes
Grantee must obtain prior written approval for project changes from the Grant Administrator.
See Section 1.2. Detailed Budget.
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2.2 Delegation
Grantee may not delegate any of its obligations under the Grant without the prior written
approval of the State. Grantee must notify the State at least 90 calendar days before the proposed
delegation and provide the State any information it requests to determine whether the delegation is in
its best interest. If approved, Grantee must: (a) be the sole point of contact regarding all project matters,
including payment and charges for all Grant Activities; (b) make all payments to the subgrantee; and
(c) incorporate the terms and conditions contained in this Grant in any subgrant with a subgrantee.
Grantee remains responsible for the completion of the Grant Activities, compliance with the terms of
this Grant, and the acts and omissions of the subgrantee. The State, in its sole discretion, may require
the replacement of any subgrantee.
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
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 A," 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. In its request for approval of the State Grant
Administrator, Grantee must include the following: (1) a definition of the specific equipment Grantee
wishes to purchase; (2) an explanation for why the equipment is necessary to complete the Statement
of Work; (3) an explanation of why Grantee could not complete the Statement of Work by renting
comparable equipment rather than purchasing it; (4) the anticipated life of the equipment; (5) the
amount of anticipated maintenance fees required to maintain the equipment and the length of time
those fees will need to be paid; (6) whether Grantee intends to pay maintenance fees using current
and/or future grant awards; (7) explanation of any housing requirements for the equipment; (8) whether
Grantee intends to rent out to a third party; (9) and the agreement by Grantee that, if it rents or sells
the equipment, Grantee will remit any and all rental or sale proceeds to the State.
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, balance sheets, general ledgers, time sheets and invoices. The expenditure
of state funds shall be reported by line item and compared to the Budget.
2.8 Records Maintenance, Inspection, Examination, and Audit
The State or its designee may audit Grantee to verify compliance with this Grant. Grantee
must retain, and provide to the State or its designee upon request, all financial and accounting records
related to the Grant through the term of the Grant and for 7 years after the latter of termination,
expiration, or final payment under this Grant or any extension ("Audit Period"). If an audit, litigation,
or other action involving the records is initiated before the end of the Audit Period, Grantee must retain
the records until all issues are resolved.
Within 10 calendar days of providing notice, the State and its authorized representatives or
designees have the right to enter and inspect Grantee's premises or any other places where Grant
Activities are being performed, and examine, copy, and audit all records related to this Grant. Grantee
must cooperate and provide reasonable assistance. If any financial errors are revealed, the amount in
error must be reflected as a credit or debit on subsequent invoices until the amount is paid or refunded.
Any remaining balance at the end of the Grant must be paid or refunded within 45 calendar days.
This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee,
and any subgrantee that performs Grant Activities in connection with this Grant.
If the Grantee is a governmental or non-profit organization and expends the minimum level
specified in OMB Uniform Guidance ($750,000 as of December 26, 2013) or more in total federal
funds in its fiscal year, then Grantee is required to submit an Audit Report to the Federal Audit
Clearinghouse (FAC) as required in 200.36.
2.9 Competitive Bidding
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. When competitive selection
is not feasible or practical, the Grantee agrees to obtain the written approval of the Grant Administrator
before making a sole source selection. Sole source contracts should be negotiated to the extent that
such negotiation is possible.
The Grantee agrees that all procurement of Professional Services will be conducted using Quality
Based Selection (QBS). The Grantee may use QBS scores to assign work based on complexity.
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 Reserved
3.2 Safety
The Grantee, and all subgrantees are responsible for ensuring 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, and every subgramee 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, and all subgrantees 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 General Indemnification
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.
3.4 Termination
A. Termination for Cause
The State may terminate this Grant for cause, in whole or in part, if Grantee, as
determined by the State: (a) endangers the value, integrity, or security of any location,
data, or personnel; (b) becomes insolvent, petitions for bankruptcy court proceedings,
or has an involuntary bankruptcy proceeding filed against it by any creditor; (c)
engages in any conduct that may expose the State to liability; (d) breaches any of its
material duties or obligations; or (e) fails to cure a breach within the time stated in a
notice of breach. Any reference to specific breaches being material breaches within
this Grant will not be construed to mean that other breaches are not material.
If the State terminates this Grant under this Section, the State will issue a termination
notice specifying whether Grantee must: (a) cease performance immediately, or (b)
continue to perform for a specified period. if it is later detenmined that Grantee was
not in breach of the Grant, the termination will be deemed to have been a Termination
for Convenience, effective as of the same date, and the rights and obligations of the
parties will be limited to those provided in Subsection B, Termination for Convenience.
The State will only pay for amounts due to Grantee for Grant Activities accepted by
the State on or before the date of termination, subject to the State's right to set off any
7
amounts owed by the Grantee for the State's reasonable costs in terminating this Grant.
The Grantee must pay all reasonable costs incurred by the State in terminating this
Grant for cause, including administrative costs, attorneys' fees, court costs, transition
costs, and any costs the State incurs to procure the Grant Activities from other sources.
B. Termination for Convenience
The State may immediately terminate this Grant in whole or in part without penalty
and for any reason, including but not limited to, appropriation or budget shortfalls. If
the State terminates this Grant for convenience, the State will pay all reasonable costs,
as determined by the State, for State approved Grant Responsibilities.
3.5 Conflicts and Ethics
Grantee will uphold high ethical standards and is prohibited from: (a) holding or acquiring an
interest that would conflict with this Grant; (b) doing anything that creates an appearance of
impropriety with respect to the award or performance of the Grant; (c) attempting to influence or
appearing to influence any State employee by the direct or indirect offer of anything of value; or (d)
paying or agreeing to pay any person, other than employees and consultants working for Grantee, any
consideration contingent upon the award of the Grant. Grantee must immediately notify the State of
any violation or potential violation of these standards. This Section applies to Grantee, any parent,
affiliate, or subsidiary organization of Grantee, and any subgrantee that performs Grant Activities in
connection with this Grant.
3.6 Non -Discrimination
Under 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., Grantee and its subgrantees
agree 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, partisan
considerations, or a disability or genetic information that is unrelated to the person's ability to perform
the duties of a particular job or position. Breach of this covenant is a material breach of this Grant.
3.7 Unfair Labor Practices
Under MCL 423.324, the State may void any Grant with a Grantee or subgrantee who appears
on the Unfair Labor Practice register compiled under MCL 423.322.
3.8 Force Majeure
Neither party will be in breach of this Grant because of any failure arising from any disaster or
acts of god that are beyond their control and without their fault or negligence. Each party will use
commercially reasonable efforts to resume performance. Grantee will not be relieved of a breach or
delay caused by its subgrantees. if immediate performance is necessary to ensure public health and
safety, the State may immediately Grant with a third party.
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3.9 Media Releases
News releases (including promotional literature and commercial advertisements) pertaining to
the Grant or project to which it relates must not be made without prior written State approval, and then
only in accordance with the explicit written instructions of the State.
4.0 Website Incorporation
The State is not bound by any content on Grantee's website unless expressly incorporated
directly into this Grant.
4.1 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.
4.2 Illegal Influence
The Grantee certifies, to the best of his or her knowledge and belief that:
A. 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 malting 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.
B. If any funds otherthan 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.
C. 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 § 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.
N
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 malting 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.
4.3 Governing Law
This Grant is governed, construed, and enforced in accordance with Michigan law, excluding
choice -of -law principles, and all claims relating to or arising out of this Grant are governed by
Michigan law, excluding choice -of -law principles. Any dispute arising from this Grant must be
resolved in Michigan Court of Claims. Grantee consents to venue in Ingham County, and waives any
objections, such as lack of personal jurisdiction or forum non conveniens. Grantee must appoint agents
in Michigan to receive service of process.
4.4 Compliance with Laws
Grantee must comply with all federal, state and local laws, rules and regulations
Grantee is required to possess in order to perform under this Grant.
4.5 Disclosure of Litigation, or Other Proceeding
Grantee must notify the State within 14 calendar days of receiving notice of any litigation,
investigation, arbitration, or other proceeding (collectively, "Proceeding") involving Grantee, a
subgrantee, or an officer or director of Grantee or subgrantee, that arises during the term of the Grant,
including: (a) a criminal Proceeding; (b) a parole or probation Proceeding; (c) a Proceeding under the
Sarbanes-Oxley Act; (d) a civil Proceeding involving: (1) a claim that might reasonably be expected
to adversely affect Grantee's viability or financial stability; or (3) a governmental or public entity's
claim or written allegation of fraud; or (e) a Proceeding involving any license that Grantee is required
to possess in order to perform under this Grant.
4.6 Assignment
Grantee may not assign this Grant to any other party without the prior approval of the State.
Upon notice to Grantee, the State, in its sole discretion, may assign in whole or in part, its rights or
responsibilities under this Grant to any other party. If the State determines that a novation of the Grant
to a third party is necessary, Grantee will agree to the novation, provide all necessary documentation
and signatures, and continue to perform, with the third party, its obligations under the Grant.
4.7 Entire Grant and Modification
This Grant is the entire agreement and replaces all previous agreements between the parties for
the Grant Activities. This Grant may not be amended except by signed agreement between the parties.
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4.8 Grantee Relationship
Grantee assumes all rights, obligations and liabilities set forth in this Grant. Grantee, its
employees, and agents will not be considered employees of the State. No partnership orjoint venture
relationship is created by virtue of this Grant. Grantee, and not the State, is responsible for the payment
of wages, benefits and taxes of Grantee's employees and any subgrantees. Prior performance does not
modify Grantee's status as an independent Grantee.
4.9 Dispute Resolution
The parties will endeavor to resolve any Grant dispute in accordance with this provision. The
dispute will be referred to the parties' respective Grant Administrators or Program Managers. Such
referral must include a description of the issues and all supporting documentation. The parties must
submit the dispute to a senior executive if unable to resolve the dispute within 15 business days. The
parties will continue performing while a dispute is being resolved, unless the dispute precludes
performance. A dispute involving payment does not preclude performance.
Litigation to resolve the dispute will not be instituted until after the dispute has been elevated
to the parties' senior executive and either concludes that resolution is unlikely or fails to respond within
15 business days. The parties are not prohibited from instituting formal proceedings: (a) to avoid the
expiration of statute of limitations period; (b) to preserve a superior position with respect to creditors;
or (c) where a party makes a determination that a temporary restraining order or other injunctive relief
is the only adequate remedy. This Section does not limit the State's right to terminate the Grant.
5.0 Severability
If any part of this Grant is held invalid or unenforceable, by any court of competent jurisdiction,
that part will be deemed deleted from this Grant and the severed part will be replaced by agreed upon
language that achieves the same or similar objectives. The remaining Grant will continue in full force
and effect.
5.1 Waiver
Failure to enforce any provision of this Grant will not constitute a waiver.
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5.2 Signatories
The signatories warrant that they are empowered to enter into this Agreement and agree to
be bound by it.
LeAnn Droste, Director
Bureau of Finance and Administrative Services
Department of Licensing and Regulatory Affairs
State of Michigan
Date
Lisa Brown Date
County Grant Administrator
County of Oakland
GRANT NO. BCC 21-63
12
Oakland County
2021
Remonumentation Grant Agreement
Resolution and Oakland County Board of Commissioners Approval;
Resolution No.
Date:
I certify the information in this grant application is correct to the best of my knowledge, and the county
has the capability to perform the work specified thought one or more licensed professional surveyors.
David T. Woodward, Chairman Oakland County Board of Commissioners
Date
Resolution #21010 January 21, 2021
Moved by Gingell seconded by Nelson the resolutions on the Consent Agenda be adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward,
Cavell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
Moved by Gingell seconded by Kowall MR #21002 be amended as follows:
Add the following Commissioners as co-sponsors of the resolution.,
Bob Hoffman, District #2; Adam Kochenderfer, District #15; Eileen Kowall, District #6;
Thomas Kuhn, District #12; Christine Long, District #7; Gary McGillivray, District #20;
Chuck Moss, District #12; Philip Weipert, District #8; Charlie Cavell, District #18; Yolanda
Charles, District #17; Janet Jackson, District #21; Karen Joliat, District #4; Penny Luebs,
District #16; Gwen Markham, District #9; William Miller, District #14; Kristen Nelson,
District #5; Angela Powell, District #10
Discussion followed.
A sufficient majority having voted in favor the amendment carried.
aj, a ,
I HERL=BY APPR+OVE T HIS FESOLU T ION
CHIEF DI:E'UTY COUNT"! EXECUTIVE
l'.CTING PUHSUANTTO MCL 45,659A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 21,
2021, 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 Circuit Court at Pontiac,
Michigan this 21 st day of January, 2021.
Lisa Brown, Oakland County