HomeMy WebLinkAboutResolutions - 2024.04.11 - 41130
AGENDA ITEM: Grant Acceptance 2024 Survey & Remonumentation Grant
DEPARTMENT: Clerk/Register of Deeds
MEETING: Board of Commissioners
DATE: Thursday, April 11, 2024 6:31 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-3888 _ 24-23
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Grant Brendan Johnson
INTRODUCTION AND BACKGROUND
The 2024 Survey and Remonumentation Grant allows the county to locate and properly monument
Section and Property Controlling corners as described by the Remonumentation Act. Also, retrieve
GPS data for all monumented corners. This is an ongoing grant from the State of Michigan that
began in 1993.
The grant award of $228,874 consists of $228,874 in current program costs. 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. No additional personnel or local match is required.
Approximately 4,786 corners have been remonumented in Oakland County since the inception of
this program with an additional 613 corners maintained. 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 second year that the Oakland County program will focus exclusively on maintenance of
existing corners, with 174 land corners scheduled for maintenance in 2024.
The grant agreement has completed the Grant Review Process and is in compliance with
Miscellaneous Resolution #19006.
POLICY ANALYSIS
This is a request to accept the 2024 Survey and Remonumentation Grant Award from the State of
Michigan, Department of Licensing and Regulatory Affairs (LARA), Bureau of Construction Codes,
Office of Land Survey and Remonumentation in the amount of $228,874 for the period of January 1,
2024, through December 31, 2024. Last year, the County was awarded $295,429 in funding for this
program.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Frederick Miller, Deputy Clerk Register of Deeds
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 4/11/2024
David Woodward, Board of Commissioners Approved - 4/11/2024
Hilarie Chambers, Executive's Office Approved - 4/12/2024
Lisa Brown, Clerk/Register of Deeds Final Approval - 4/16/2024
AGENDA DEADLINE: 04/21/2024 6:31 PM
ATTACHMENTS
1. 2024 Survey and Remonumentation Grant Schedule A
2. Grant Review Sign-Off
3. 2024 Oakland Grant Agreement
COMMITTEE TRACKING
2024-04-02 Legislative Affairs & Government Operations - Forward to Finance
2024-04-03 Finance - Recommend to Board
2024-04-11 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Kristen Nelson, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault,
Linnie Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Karen Joliat, William Miller III (2)
Passed
April 11, 2024
RESOLUTION #2024-3888 _ 24-23
Sponsored By: Brendan Johnson
Clerk/Register of Deeds - Grant Acceptance 2024 Survey & Remonumentation Grant
Chair 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 $228,874 for the Remonumentation
program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts
the 2024 Survey and Remonumentation Grant for the period of January 1, 2024, through December
31, 2024, in the amount of $228,874.
BE IT FURTHER RESOLVED 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. Also, no additional personnel or local match is required.
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 Chair 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 that the budget shall be amended as reflected in the attached
Schedule A – Budget Amendment.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Brendan Johnson.
Date: April 11, 2024
David Woodward, Commissioner
Date: April 12, 2024
Hilarie Chambers, Deputy County Executive II
Date: April 16, 2024
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2024-04-02 Legislative Affairs & Government Operations - Forward to Finance
2024-04-03 Finance - Recommend to Board
2024-04-11 Full Board - Adopt
Motioned by Commissioner Michael Gingell seconded by Commissioner Penny Luebs to adopt the
attached Grant: Grant Acceptance 2024 Survey & Remonumentation Grant.
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Kristen Nelson, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault,
Linnie Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Karen Joliat, William Miller III (2)
Passed
ATTACHMENTS
1. 2024 Survey and Remonumentation Grant Schedule A
2. Grant Review Sign-Off
3. 2024 Oakland 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
11, 2024, 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 11, 2024.
Lisa Brown, Oakland County Clerk / Register of Deeds
Oakland County, Michigan
CLERK/REGISTER OF DEEDS- 2024 SURVEY AND REMONUMENTATION GRANT AWARD
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)Grant ID (GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2024
Amendment
FY 2025
Amendment
FY 2026
Amendment
R Other Grants Clerk/Register Of Deeds FND11011 CCN2010401 RC615571 PRG172180 GRN-1004402 615000 State Oprerating Grants $228,874 $228,874 $228,874
Total Revenues $228,874 $228,874 $228,874
E Other Grants Clerk/Register Of Deeds FND11011 CCN2010401 SC702010 PRG172180 GRN-1004402 702000 Salaries Regular $36,000 $36,000 $36,000
E Other Grants Clerk/Register Of Deeds FND11011 CCN2010401 SC731458 PRG172180 GRN-1004402 730000 Professional Services 191,874 191,874 191,874
E Other Grants Clerk/Register Of Deeds FND11011 CCN2010401 SC730709 PRG172180 GRN-1004402 730000 Fees - Per Diems 1,000 1,000 1,000
Total Expenditures $228,874 $228,874 $228,874
GRANT REVIEW SIGN-OFF – Register of Deeds
GRANT NAME: 2024 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: 03/20/2024
Please be advised that the captioned grant materials have completed the 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) should be placed on the next agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Sheryl Johnson (03/15/2024)
Human Resources:
Approved by Human Resources. Continues partial funding of one (1) position with no changes. HR action
not required. – Heather Mason (03/14/2024)
Risk Management:
Approved. No County insurance requirements. – Robert Erlenbeck (03/14/2024)
Corporation Counsel:
Approved. CC conducted legal review. No unresolved legal issues at this time. – Heather Lewis (03/20/2024)
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GRANT NO. BCC 24-63
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 Rd., Dept. 415
Pontiac, MI 48341
STATE GRANT ADMINISTRATOR/ADDRESS:
Nicholas J. Clever, 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: clevern@michigan.gov
GRANT PERIOD:
From: 01-01-2024 To: 12-31-2024
TOTAL AUTHORIZED BUDGET: $228,874.00
SIGMA Vendor ID: CV0048080
SIGMA Payment Address Code: 130
ACCOUNTING TEMPLATE: 6415137T002
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GRANT AGREEMENT
Grant No. BCC 24-63 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 emailing bccolsr@michigan.gov 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
bccolsr@michigan.gov.
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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@michigan.gov. 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.
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1.3 Payment Schedule
A. The maximum amount of grant assistance offered is $228,874.00. An initial payment
of $91,549.60 (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 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 1.4.C. for documentation requirements):
1. 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:
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 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).
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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 II - 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 terms of this Grant,
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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 t he 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
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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 act ion
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 wri tten 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 regulation s in any manner affecting the work or
performance of this Agreement and shall at all times carefully observe and comply with all rules,
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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 liti gation.
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 proceeding s,
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 term ination
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 Stat e 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
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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 pers on’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 ine ligible, 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.
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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, th e 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 a nd
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 sub recipients 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 fa ils
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.
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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 Proceedi ng 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 (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, pro vide 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 part ies 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
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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 f orce
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.
_________________
Date
_________________
Date
_______________________________________
Laura Kwiecien, Director
Procurement & Administration Division Bureau
of Finance and Administrative Services
Department of Licensing and Regulatory Affairs
State of Michigan
_______________________________________
Lisa Brown
County Grant Administrator
County of Oakland
GRANT NO. BCC 24-63