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Home My WebLink AboutResolutions - 2022.04.14 - 35445BOARD OF COMMISSIONERS April 14, 2022 MISCELLANEOUS RESOLUTION 422-118 Sponsored By: Kristen Nelson Clerk/Register of Deeds - Grant Acceptance with the Michigan Department of Licensing and Regulatory Affairs for the 2022 Survey and Remonumentation Grant Chairperson and Members of the Board: WHEREAS the Michigan Department of Licensing and Regulatory Affairs (LARA), Bureau of Construction Codes, Office of Land Survey and Remonumentation has awarded funding to the Oakland County Clerk/ Register of Deeds in the amount of $227,996 for the Remonumentation program; and WHEREAS this is an ongoing grant and the twenty-eighth year of funding by the State of Michigan Department of Licensing and Regulatory Affairs; and WHEREAS the grant award of $227,996 consists of $227,996 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 and Boundary Review Specialist position (#2010401-09329) that assists with the monitoring and administration of the program; and WHEREAS no additional personnel or local match is required; and WHEREAS approximately 4,786 corners have been remonumented in Oakland County since the inception of this program; and WHEREAS in accordance with the guidelines set forth by the Office of Land Survey and Remonumentation and the governing state statute, this grant year will be the first year that the Oakland County program will focus exclusively on maintenance of existing corners, with 280 land corners scheduled for maintenance in 2022; and WHEREAS the grant agreement has completed the Grant Review Process in accordance with the Grants Policy approved by the Board of Commissioners at their January 21, 2021, meeting. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 2022 Survey and Remonumentation Grant for the period of January 1, 2022, through December 31, 2022, in the amount of $227,996, 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 percent (15%) 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 IT FURTHER RESOLVED the FY 2022 Special Revenue budget be amended as detailed in the attached Schedule A. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. Date: April 14, 2022 David Woodward. Commissioner Lau �y Date: April 22, 2022 Hilarie Chambers, Deputy County Executive II i Date: April 25, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-04-05 Legislative Affairs & Government Operations - recommend to Board 2022-04-14 Full Board VOTE TRACKING Motioned by Commissioner Gwen Markham seconded by Commissioner Penny Luebs to adopt the attached Grant Acceptance: with the Michigan Department of Licensing and Regulatory Affairs for the 2022 Survey and Remonumentation Grant. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. Schedule A FY22 Remon Grant 2. Grant Review Sign -Off 3. Survey & Remonumentation Application & grant agreement 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 April 14, 2022, 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 on Thursday, April 14, 2022. Lisa Brown, Oakland Counh) Clerk / Regisler of Deeds Oakland County, Michigan CLERI(/REGISTER OF DEEDS - 2022 SURVEY AND REMONUMENTATION GRANT AWARD Schedule "A" DETAIL Operating Fund Budget Project RIF Fund Name Division Name Fund#Division#Program#Account# Unit(OU) Affiliate Reference Unit Project# Activity Analysis Account Title R Clerk Survey Remonumentabon Fund Clerk/Register of Deeds 29220 2010401 172180 615572 2021 GROOOOOOG345 GLB GLB State Operating Grants E Clerk Survey Remonumentaton Fund Clerk/Register of Deeds 29220 2010401 172180 702010 E Clerk Survey Remonumentabon Fund Clerk/Register of Deeds 29220 2010401 172180 730373 E Clerk Survey Remonumentabon Fund Clerk/Register of Deeds 29220 2010401 172180 730709 E Clerk Survey Remonumentabon Fund Clerk/Register of Deeds 29220 2010401 172180 731458 R Clerk Survey Remonumentabon Fund Clerk/Register of Deetls 29220 2010401 172180 615572 E Clerk Survey Remonumenaton Fund Clerk/Register of Deeds 29220 2010401 172180 702010 E Clerk Survey Remonumentabon Fund Clerk/Register of Deeds 29220 2010401 172180 730709 E Clerk Survey Remonumentabon Fund Clerk/Regater of Deeds 29UO 2010401 172180 731458 Total Revenues 2021 GR0000000345 GLB GLB Salaries 2021 GR0000000345 GLB GLB Contracted Serves 2021 GR0000000345 GLB GLB Fees - Per Diem 2021 GR0000000345 GLB GLB Professional Services Total Expenditures 2022 GR0000001169 GLB GLB State Operating Grants Total Revenues 2022 GR0000001169 GLB GLB Salaries 2022 GR0000001169 GLB GLB Fees - Per Diem 2022 GR0000001169 GLB GLB Professional Services Total Expenditures FY 2022 Amendment $ (322,165 $ 322,165 $ 17,913) (36,000) (10,800) 267,452 $ 322, 165 $ 227,996 $ 227,996 $ 36,000 3,000 188,996 $ 227 996 GRANT REVIEW SIGN -OFF — Register of Deeds GRANT NAME: 2022 Survey and Remonumentation Grant FUNDING AGENCY: State of Michigan, Department of Licensing and Regulatory Affairs (LARA), Bureau of Construction Codes, Office of Land Survey Remonumentation DEPARTMENT CONTACT PERSON: Fred Miller 248-858 2134 STATUS: Grant Acceptance (Greater than $10,000) DATE: 03/21/2022 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 — Lynn Sonkiss 3/18/2022, Human Resources: Approved by Human Resources. Continues partial funding for one position, therefore HR action is not needed. — Heather Mason 3/14/2022 Risk Management: Approved by Risk Management.- R.E. 3/14/2022 Corporation Counsel: CC approves corrected version — Heather Lewis 3/15/22. SURVEY & REMONUMENTATION APPLICATION /_PROGRESS / COMPLETION REPORT Michigan Department of Licensing& Regulatory Affairs Grantee/County: Oakland Bureau of Construction Codes --Section below for OLSR sfgff use only -- Office of Land Survey & Renionumentation Grant # BCC 22-63 PO Box 30254, Lansing, MI 48909 VCUST# CV0048080 1" Floor Ottawa Building 611 West Ottawa Street, Lansing, MI 49933 Address Code 130 Phone 517-241.6321 GG # E-Mail: bccolslralmichigan.Pov Template: 6415137TO02 www. Michiran,aovibec Grant Year: 2022 $227,996,00 L State Grant Award Grant Application Payment Request $91,199.40 I Start -Up Payment (40% of Grant Award) $136,798,60 4 Balance after Start -Up Payment Progress Report Payment Request Amount Requested (up to 85% of Grant) 1 Grant Balance after Progress Report Completion Report Payment Request Amount Requested (tip to 100% of Grant) Grant Balance after Completion Report Grant Application Proposed Corners 280 ( Corners anticipated to be paid with feuds Corners Completed Coillers completed & paid with grant fiords Cornets completed & paid by others Corners revisited & paid with grant funds Corners revisited & paid by others Common cornets entered into Accela twice Number of records entered into Accela Convets revisited vvithout record t certify to the best of my knowledge and belief that this report is correct and complete, and all expenditures are for the purposes set forth in and comply with the annual grant agreement, Is this county of an approved Maintenance Plan during this contract? Yes No f , County Giant Administrator Paytnent Authorized: $ 91,198.40 Grant Balance: $ 136,798.60 fF Date --Section below for OLSR staff nse only-- Records completed by County in current Grant Year: Records remaining to be completed in County Plan: February 10, 2022 Michael C. Barger, PS Date Director, Office of Land Survey & Remont11110otatioil BCC-963 (Rev, 05/20) Page 1 of 3 Administrator Name; Lisa Brown Ftnail Address brownh•@oakgov.com 1 Physical Address I200 N. Telegraph Rd. City, State, Zip Pontiac, MI, 48341 Representative Name: Joseph C. Ka-pieczak A.S. Email Address jkapelczaIttC3jckhne.com Physical Address 1200 N, Telegraph Rd, I City, State, Zip Pontiac, ML 48341 Address for Payments Name: Oakland County Treasurer Address 1200 N. Telegraph Rd. IPhysical City, State, Zip — Pontiac, MI. 48341 I Phone: (248) 858-OS61 Phone: (248) 939-2049 Plione: (248) 858-0624 The following section is divided into columns corresponding to the stages of the yearly Remonmmentation Gram program, from left to right. Pill out the sections within the column of the current stage, while leaving the information front the previous stages in place. if the county, does not submit a Progress Report, leavothat column blank. llntiget (Grant Application) column refers to the estimated costs set forth by the County in the Grant Application. Progress Report column will include any expenditures by the County up to that point. Expenditures must exceed the amount received by the county in the 40% $tart -up Payment. Any amount in this column must have receipts or invoices listing completed corners attached for reimbursement. Completion Report column will include all reimbursable expenditures by the County during the Grant Year. Any amount in this column must have receipts or invoices listing completed corners attached for reimbursement, County must provide copies of all invoices, receipts, payment vouchers, etc. for any expenditures being submitted for reimbursement under the Ramon Grant program. Invoices must be itemized (where applicable) and should not include costs outside of the Remonumentation program. A county requesting payment for a Cost Allocation Program of similar policy must have a complete copy of the Cost Allocation Plan on file with OLSR before payment is made. County most provide a detailed, itemized budget report for all expenditures under the Remon program, Any payment amount that does not appear on the budget report cannot be considered for reimbursement under the Remon Grant program, BCC-963 (Rev. 05/20) Page 2 of Work Program Expenditures by Line item Item A Remonumentation Services Item B Monument Maintenance Services Item C Remo numentation Supplies & Materials Item D Geodetic Control Maintenance & Operations Item E Grant Administrator Fees/Wages item F County Representative Fees/Wages Item G Additional Administrative Staff Fees/Wages Item H Peer Group Item I Administrative Supplies & Indirect Costs Totals BCC•963 (Rev. 05/20) Page 3 of 3 Remonumentation Program County Expenditure Detail Budget (Grant Progress Report Completion Report Application) Expenditures Expenditures M $188,996,00 M L,xj 1 M $36,000.00 M $3,000.00 KIN $227,996.00 Oakland County Peer Group Information Peer Member Company Address Phone Joseph C, Kapelczal< JCK Group Inc. 8615 Richardson Rd. 248-939-2049 STE.100 Commerce, MI.48390 Huston Kennedy Kennedy Surveying Inc, 105 N. Washington St, 248-628-4241 Oxford, MI.48371 David P. Smith David P Smith & Associates 8615 Richardson Rd, 248-363-1515 STE.100 Walled Lake, Mi. 48390 Timothy Hart Kieft Engineering Inc. 5851 S. Main St. 248-625-5251 STE, 1 Clarkston, MI. 48346 Chris Asiala Giffels Webster Engineering 28 W. Adams Ave, 313-962-4442 Inc. Detroit, Mi, 48226-1609 Ginger Michalski- Alpine Engineering Inc. 46892 West Rd. 248-926-3701 Wallace Suite 109 Novi, MI. Gary M. Chalice Hubbell Roth & Clark Inc. 555 Hulet Dr, 248-454-6300 Bloomfield Hills, Mi, 48302 OAKLAND COUNTY MATINECE HOLLY TWP.TSN, VE A-01 THRU A-13 MEANDER CORNER A-01, ADD LCRC COMMON A13 & A•01 T04N, R07E 13 CORNERS ADD 1 LCRC B-03, B-OS, B-11, B-13 4 CORNERS C-01 THRU C-13 13 CORNERS D-01, D-03, D-05, D-07, D-09, D-11, D-13 7 CORNERS E-01 THRU E-13 13 CORNERS F-01, F-03, F-05, F-07, F-09, F-11, F-13 7 CORNERS G-01 THRU G-13 13 CORNERS H-01, H-03, H-05, H-07, H-09, H-13 6 CORNERS p2,-03, I-04, I-p5, I-06, I-07, I-O8, I-09, I-10, I.11, I-.12, I-13 12 CORNERS J-01, J-03, J-07, J-09, J-11, J-13 6 CORNERS K-01 THRU K-13 13 CORNERS L-01, L-03, L-05, L-07, L-09, L-11, L-13 7 CORNERS M-01 THRU M-13 M13 COMMON TO T05N-RO8E A-13 T04N-RO8E A-01 T04N-RO7E M-01 M-01 COMMON TO T0SN-R08E A-01 13 CORNERS ADD 4 LCRC TOTAL MAINTENANCE CORNERS SHT 1 127 CORNERS 132 LCRC SHT l OF 5 OAKLAND COUNTY MAINTENANCE INDEPENDENCE TWP.T4N, R9E L-11 1 CORNER TOTAL MAINTENANCE CORNER T4N,R9E INDEPENDENCE TWP 1CORNER T4N,R7E ROSE TWP B-01 1 CORNER C-01 1 CORNER D-01 1 CORNER E-01 1 CORNER F-01 1 CORNER G-01 1 CORNER }-01 1 CORNER K-01 1 CORNER L-01 1CORNER TOTAL MAINTENANCE TAN, VE ROSE TWP 9 CORNERS TOTAL MAINTENANCE CORNERS SHT 2 10 CORNERS 10 LCRC SHT2OF5 OAKLAND COUNTY MAINTENANCE GROVELAND TWP.TSN, R8E A-02, A-03, A-04, A-06, A-07, A-08, A-09, A-10, A-11, A-12 10 CORNERS B-01, B-03, B-05, B-07, B-09, 8-11, B-13 7 CORNERS C-01 THRU C-13 13 CORNERS D-01, D-03, D-05, D-07, D-09, D-11, D-13 7 CORNERS E-01, E-02, E-03, E-04, E-05, E-06, E-07, E-08, E-09, E-11, E-12, E-13 12 CORNERS F-01, F-03, F-05, F-07, F-09, F-13 6 CORNERS G-01 THRU G-13 13 CORNERS H-01, H-03, H-07, H-09, H-11, H-13 6 CORNERS 1-01 THRU 1-13 13 CORNERS 1-01, J-03, J-05, J-07,1-09, J-11, J-13 7 CORNERS K-01 THRU K-13 13 CORNERS L-01, L-03, L-05, L-07, L-09, L-11, L-13 7 CORNERS M-01 THRU M-13 ADD LCRC T4N, R8E M-01 13 CORNERS ADD 1 LCRC TOTAL MAINTENANCE SHEET 3 127 CORNERS 128 LCRC SHEET 3 OF 5 OAKLAND COUNTY MAINTENANCE SPRINGFIELD TWP.T4N, R8E 8-01 1 CORNERS C-01 1 CORNERS D-01 1 CORNERS E-01 1 CORNERS F-01 1 CORNERS G-01 1 CORNERS H-01 1 CORNERS 1-01 1 CORNERS 7-01 1 CORNERS K-01 1 CORNERS TOTAL MAINTENANCE CORNERS 10 CORNERS 10 LCRC TROY TW P, T2N, R11E M-01 COMMON M13 T03N, R11E ADD.LCRC 1 CORNER ADD 1 LCRC M-02 1 CORNER M-03 1 CORNER M-04 1 CORNER TOTAL MAINTENANCE CORNERS 4 CORNERS 5 LCRC AVON TWP, T3N, R11E M-11 1 CORNER M-10 1 CORNER TOTAL MAINTENANCE CORNERS 2 CORNERS 2 LCRC TOTAL MAINTENANCE CORNERS SHEET 4 16 CORNERS 17 LCRC SHEET 4 OF 5 TOTAL MAINTENANCE PROGRAM 2022 SHEET 1OF S 127 CORNERS 132 LCRC SHEET 2 OF 5 10 CORNERS 10 LCRC SHEET 3 OF 5 127 CORNERS 128 LCRC SHEET 4 OF 5 16 CORNERS 17 LCRC 2022 TOTALS 280 CORNERS 287 LCRC SHEET 5 OF 5 GRANT NO. BCC 22-63 GRANT BETWEEN THE STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS AND OAKLAND COUNTY GRANTEE/ADDRESS: Lisa Brown County of Oakland 1200 N. Telegraph Road, Dept. 415 Pontiac, MI 48341 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@michigan.gov GRANT PERIOD: From: 01-01-2022 To: 12-31-2022 TOTAL AUTHORIZED BUDGET: $227,996.00 SIGMA Vendor ID: CV0048080 SIGMA Payment Address Code: 130 ACCOUNTING TEMPLATE: 6415137TO02 E GRANT AGREEMENT Grant No. BCC 22-63 from the Department of Licensing and Regulatory Affairs (Grantor) to 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 A Grant is offered annually to the Grantee in accordance with the requirements of the SSRA. Grantee is only entitled to funds through the Grant if Grantee complies with the provisions of this Agreement. In accordance with the terms and conditions of this agreement, Grantor will reimburse the eligible expenses incurred by the Grantee to carry out the annual work program set forth and approved by the Grantor. 1.1 Statement of Work The Grant is conditioned on the completion of three components: • The Grant Agreement. • The Grant Application. • The Grant Completion Report, The Grantee agrees to undertake, perform, and complete the project in the following manner: 1. The Grantee electronically submits a Grant Application using a form provided by OLSR by emailina bccolsr(dniichiaun.:rov no later than 11:59pm on December 31 before the grant year. See MCL 54.274(1)(a) and Section 1.2 of this Agreement. OLSR will not approve a Grant Application for payment until the following are met: a. The Grant Agreement has been approved and electronically signed by the Grantee. b. The Grant Application was received before the statutory deadline. c. The Grant Application outlines how funds will be expended, and a list of the corners expected to be completed and conforming with the approved County plan. See MCL 54.274 (1)(b). The Application must be submitted on the proper form provided by OLSR. d. The Grant Completion Report for the previous grant year has been received and acknowledged by OLSR, and all Land Corner Recordation Certificates (LCRC) are entered by the Grantee. See MCL 54.274 (1)(b). 2. OLSR emails the approved Grant Application and the Grant Agreement to LARA Finance and Administrative Services Director, or their designee, for review and electronic signature. Once approved and signed, LARA will email the Grant Agreement and approved Grant Application to the specified grantee for electronic signature. Instructions for the use of the electronic signature software can be requested by email to becolsr@michigan.gov. `a 3. The Grantee will electronically submit a Grant Completion Report at the conclusion of the Grant year or when granted funds are used by emailing the proper form to bccolsr(ri..michiean.eov. See Section 1.4 of this Grant Agreement. There is no firm deadline for the Grant Completion Report. However, as noted above in Section 1.1.2 of this Grant Agreement, initial payment for the following grant year will not be made until the Grant Completion Report is electronically submitted to, and approved by, OLSR. OLSR will not approve a Grant Completion Report for payment until the following are met: a. The Grant Completion Report is signed by the County Grant Administrator. b. All LCRCs completed under the Grant and all walk-ins are entered into Accela by the county. c. Copies of all invoices paid by the county for the grant year are scanned and included with the Grant Completion Report. Any amount shown on the Grant Completion Report must be justified with invoices. These invoices include: i. Any supplies and material needed for the physical monuments. ii. Any professional fees for contract surveyors, which outline 1. the specific corners included in the invoice 2. tasks included if not paid a lump sum 3. other fees must be identified iii. A narrative is needed to provide reasons why 1. corners proposed were not done during this contract year 2. any corners paid from invoices are not included with an LCRC 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 release any funds or approve requests for additional funds at any time. B. If applicable, travel expenses will not be reimbursed at rates greater than the State Travel Rates issued by the Department of Technology, Management and Budget for Classified and Unclassified Employees without the prior written consent of the Grant Administrator. Only Standard mileage rates will be reimbursed. C. The Grant Application includes the Budget. The Grantee agrees that all funds shown in the Grant Application are to be spent as detailed in the Grant Application. D. Changes in the Budget of less than 5 percent of the total line item amount do not require prior written approval, but the 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. 1.3 Payment Schedule A. The maximum amount of grant assistance offered is $227,996.00, An initial payment of $91,198.40 (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 as explained in Section 1.1. 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 topics, 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 Grant Administrator a Grant Completion Report as explained above. There is no firm deadline for the Grant Completion Report to be submitted, but no funds will be released for the next year until the Grant Completion Report is received by OLSR. C. Documentation. Backup documentation must include the following, as applicable: 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 Grant Application, any work not completed that was specified in the approved Grant Application, and any changes in an approved line item of the budget approved in Grant Application (submit for Grant Completion Report only). 51 2. A narrative of any coordinated efforts with other organizations to complete the project (submit for Grant 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 Grant Application (submit for Progress Report and Grant Completion Report). b. A detailed breakdown and backup documentation for any county costs charged to the program as outlined in the approved Grant Application (submit for Progress Report and Grant 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 Grant Completion Report). 5. A recorded LCRC prepared in compliance with the Corner Recordation Act 1970 PA 74 (CRA) and SSRA for each corner shall be submitted through the Accela Citizen Access (ACA) portal. The LCRC shall include geodetic coordinate values for each corner recorded, signed by the county representative and reflect the date of the peer review group meeting at which the corner 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 H - 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. 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 terns of this Grant, 5 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 Grant Application 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 subgrantee 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, 7 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 determined 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 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; (e) 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. 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 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. B. 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. 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. 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. 4.3 Governing Law This Grant is governed, construed, and enforced in accordance with Michigan law, Grantee consents to venue in Ingham County, and waives any objections, such as lack of personal jurisdiction or forum non conveniens. 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. 10 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 tinder 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 (2) 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. 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 or joint 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 11 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. HO 5.2 Signatories The signatories warrant that they are empowered to enter into this Agreement and agree to be bound by it. E-SIGNED by Lisa Brown on 2022-02-15 16:12:06 EST Lisa Brown County Grant Administrator County of Oakland E-SIGNED by Anshu Varma on 2022-02-14 19:09:43 EST Anshu Vanna, Division Director Procurement & Administration Division Bureau of Finance and Administrative Services Department of Licensing and Regulatory Affairs State of Michigan GRANT NO. BCC 22-63 2022-02-15 16:12:06 UTC Date 2022-02-14 19:09:43 UTC Date 13