HomeMy WebLinkAboutResolutions - 2008.03.20 - 9529• 4
'.'nty board of Commissioners
an;u Romonumentation Grant
- 31, 2008 in the amount of
bohalf of the County of
Irant, the Oakland County
Clerk/Register of Deeds, or
Commissioners
move adoption
MISCELLANEOUS RESOLUTION #08051 March 20, 2008
BY: General Government (::ee, Christine Cnairperson
IN RE: CLERK/REGISTER OF DEEDS - CALENDAR YEAR 2C08 ASSISTANCE FOR SURVEY t
MONUMENTATION AND REMONUMENTATION GRANT ACCEPTANCE
To the Oakland County bo,;:1 -j
Chairperson, Ladies an
WHEREAS tnis is an ong_ncj. ,nd the tifteeth year of funding by
the State of 'Michigan, I t 1Labor m=i; Growth; and
WHEREAS the grant awin-J consists .',12C in current program
costs and $1U0,003 as reimb-;:.= for past :tc: expenditure; and
WHEREAS no additional 1_,e!7t,!•.,_ local flach equli-cd; and
WHEREAS acceptance of thif :ioe:5 not :)!Hite tn County to any future
commitment; and
WHEREAS approximateJy 1, ..eis have
the Peer Review pro:7es ::orneis
through the Rcmcnumehtf,tion
NOW THEREFORE BE 7T nat the 0&?.1L
accepts the Assistance monuDc,7--
for the period of January L, through D--.-
$503,12C.
BE IT FURTHER RESOLVE: :7ard Chairpur,
Oakland, is authorized 70 agreemt:nt.
BE IT F7RIHER RESOLVE: una 6-zoeptance ci
Board of Commissioners hcre;r:y appoints the
her designee, as the :lrant
BE IT FURTHER RESOIV 7-) the Oaklano 13oard of
authorizes the continuation Remonumen:_:ain
Chairperson, on behalf of Gover%mn -
cf the foregoing
CENE:77,CVhMNT COMMITTEE
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried on a roll call vote with Hatchett, ,Jacobsen and Suarez absent.
rnon=ented and approved by
ny being romonumented
-\(\,
GRANT REVIEW SIGN OFF — Clerk/Register of Deeds
GRANT NAME: 2008 Remorunnentation
FUNDING AGENCY: State of Michigan
DEPARTMENT CONTACT PERSON; Ronald J. Crank 248 858-1447
STATUS: Grant Acceptance
DATE: February 28, 2008
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have
completed internal grant review. Below are the returned comments.
The captioned grant materials and gain acceptance package (which should include the Board of
Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance
Committee Fiscal Note, and this Sign Off email con-twining grant review comments) may be
requested to be placed on the appropriate Board of Commissioners' committee(s) for grant
acceptance by Board resolution,
DEPARTMENT REVIEW
Department of Management and Budget
Approved. — Laurie Van Pelt (2/13/2008)
Department of HUMID Resources:
Approved by HR. — Jennifer Mason (2/13/2008)
Risk Management and Safety:
Approved By Risk Management - Andrea Plotkowsld (2/25/2008)
Corporation Counsel:
It is my understanding that the Clerk's Office was required to submit a signed grant agreement
prior to it being reviewed by OUT office. Although our review is moot, there are no legal concerns
with the agreement. We will be providing Purchasing with a revised Professional Services
Agreement that includes the language required to be in the agreements with subcontractors, —
Joellen Shortley Blaszczak (2/26/2008)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a
list of these specifically cited compliance related documents for this grant.
Michigan State Survey and Remonumentation Act 345 of 1990
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game--mcl-aet-345-of- 9908zo uerv id=I 729081&highliEht
Michigan Revised Judicature Act of 1961 (Excerpt); 2002 PA 700
littp.//wwwiftorilRi-nre mi.qcwi(S(ritisaphmvsvtrdr55ii3a3)45))/railesz.aspx?uage--getObjectImbie
ctN mr.=-md-600-2567a&I, i_aht-2002%20AND%0pA%20AND%20700
MiLla-113.113.3761 mi oriv/iS(mwvcrwc4Skhv7 fr'h n 551)/mi1e, agt3 etta2e-=getOb eel&
Ictsveheye? in4dine+ricr.view+t79t1.2+1811+0-1-1-(%?8 Av 29%20%20AND%24 to},
Michigan Coordinate Systems Act 9 of 1964; 1988 PA 154
littruvigrur 1 Thtiiremi povllg(rnwvmsA5kiiv2g255sa1 xlan551)/mil asiax?reze,---CretObi cut&
objectriame=mol-Act-9-of-1964&queryid=22224409
Federal Office of Management and Budget (OMB) Circular No. A-133. This Circuhir sets
forth standards for obtaining consistency and uniformity among Federal agencies for the
audit of States, local governments, and non-profit organizations expending federal awards.
httpliwww_whitchouse. goviomb/circulars/a133/a 1 33.1=1
Michigan House Concurrent Resolution No. 206 of June 1987
http://www.gbs-rni.orvipdf/2004 013S workbook.ricif
Michigan Elliott-Larsen Civil Rights Act - "Act 453 of 1976"
bitn-//www 1E14 shiture.tni nvffue_31 xaeltmri575572fliwv45)inailecz.asmOnan—Retobiecti&objeatn
ame----mcl-Act-453-of-1976&quervid=14718540
Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976"
ame--mcl-Act-22O-of-1976&oueryid=14718589
Michigan State Constitution of 1963 (Excerpt), Article XI § 5
objectNanie-mcl-Article-XI-5
Michigan Civil Service Rule 7-1
http://www.michiRan.govimdes/0,1607,7-147-6877 8155-73230--,00.html
Michigan State Contracts with Certain Employers Prohibited - "Act 278 of 1980"
httn://v.rww_legislature Trk i _go v/1S (eah -aa v4unc I izbvh10s213551),.milcR.aspx?pagetObject&obi
ectName=mcl-Act-278-of-1980
Federal Anti-Lobbying; Limitation on use of appropriated funds to influence certain
Federal contracting and financial transactions (31 USC 1352)
http://uscodelouse. govluscode-
%28%2831%29%20.ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20
JENNIFER M. GRANHOLM
GOVERNOR
S-AT OF MICHIGAN
DEPARTMENT OF LABOR & ECONOM,C GROWTH
LANSING
KEITH W. COOLLY
DIRECTOR
January 28, 2008
Ms. Ruth Johnson
Oakland County Grant Administrator
1200 N. Telegraph Road Department 480
Pontiac, Ml 48341-0480
Dear Ms. Johnson:
The 2008 Survey and Remonurnentation Grant Application submitted by Oakland County has
been reviewed and approved by the State Grant Administrator.
Enclosed is your copy of the 2008 Grant Agreement along with 2 extra copies of the original
signature page. PLEASE RETURN 2 ORIGINAL signature pages to our office as soon as the
County Grant Administrator has signed and dated them. The remaining Grant Agreement and
signature page is for your files.
The 40 percent start-up payment will be processed upon receipt of the 2 signature pages of the
Grant Agreement.
As stated in the grant agreement. the County Grant Administrator may prepare/file a Work
Progress Report for a second payment of up to 45 percent of the total State Grant Amount or a
Completion Report for payment of up to 60 percent of total State Grant Amount any time after
July 1, 2008. Progress and final payments are contingent upon submission of all work program
and expenditure documentation as specified in the grant agreement.
If you have any comments or questions, please contact our office at 517-241-6321, e-mail
johnstonn@michigan.gov or dyerrnirmichigan.gov .
Sincerely,
Nancy K: Joliston, Arifilyst
Office of.L0d Survey and Rernonurnentation
cc: Joseph C. Kapelczak, P.S. County Representative
Provic'hig for Michig,Jn's Safety in The Built Enviter)ment
BUREAU OF CONSTRUCTION CCOE3
P.O. BOX 3C7D4 • LANSING. MICHIGAN 42909
Prcre 7) 24 1-8321 1 Fax ?8 7)
www.michigan.pcv
•
GRANT NO. BCC 08-63
GRANT BETWEEN
THE STATE OF MICHIGAN
DEPARTMENT OF LABOR & ECONOMIC GROWTH
AND
OAKLAND COUNTY
GRANTEE/ADDRESS:
Contact Name Ruth Johnson
Organization Name County of Oakland
Address 1200 N. Telegraph Road Department 480
City, State, Zip Pontiac, MI 48341-0480
Telephone: (248) 858-1447
FAX: (248) 858-7466
GRANT ADMINISTRATOR/ADDRESS:
Maynard R. Dyer. Director
Office of Land Survey & Remonumentation
Department of Labor & Economic Growth
P.O. Box 30704
Lansing, MI 48909
GRANT PERIOD:
From 01-01-2008 to 12-31-2008
TOTAL ANNUAL PROJECT BUDGET FOR WORK IN CALENDAR YEAR 2008:
Federal Contribution:
State Grant Amount: $503,120.00
County Cash Contribution:
+ Expedited Amount:
- Reimbursement for Past Expedited Expenditures: $100,000.00
2008 TOTAL ANNUAL PROJECT BUDGET: $403,120.00
ACCOUNTING DETAIL: Index 48064 / PCA 02935
Fed ID. No. 386004876
GRANT
This is Grant BCC 08-63 between the Department of Labor 8e. Economic Growth (Grantor),
Oakland County (Grantee) subject terms and conditions of this Agreement (Agreement).
1.0 Statement of Purpose
1990 PA 345, (hereinafter, -the Acti, states that the State may offer the Grantee an annual grant
amount subject to the terms and conditions of this Agreement. Under the Act, a separate grant
amount may be offered to the Grantee each year hereafter. The grants offered by the State are
intended to provide survey, monumemation and remonumentation of the public land survey
comers and other activities in accordance with said Act and in accordance with the Grantee's
Survey, Monurnentation and Remonumentation Plan (hereinafter, "County Plan") as approved by
the Director of the Department of Labor and Economic Growth.
The grant offered will be for the County's annual work program as approved by the State Survey
and Remonumentation Grant Administrator and as set forth in the Application for a Survey and
Monumentation Grant attached to and made a pan of this Agreement that proposes the work for
the calendar year ending December 31, 2008.
When monumentation has been completed arid the annual work program is limited to only
perpetual monument maintenance, grant amounts in excess of the annual work program
expenditures may be used to reimburse the county for expediting their program under Section 8
(6) of 1990 PA 345.
The Grantor's final share of expenditures will be paid out as established in the grant application
Annual Project Budget, The Grantee agrees that the state grant amount and any county
contribution amount must be totally expended prior to expending any expedited funds.
Alternatively, up to 50% of the state grant amount may be used to reimburse the county for past
eligible expenditures to expedite the county's work program under Section 2567a (4) of 2002 PA
700. Reimbursement may be for eligible expenses incurred in prior years but not before
January 1, 1991.
The grant amount may include an increase based upon a county contribution and Category III of
the state grant formula. Counties may not receive both an increased grant amount and also
repayment of expedited county funds for the same county expenditure,
Funds will be made available for the Grantee's eligible expenses during this period or eligible
expenses in expediting the remonumentation in accordance with the terms and conditions of this
Agreement,
1.1. Statement of Work
The Grantee agrees to undertake, perform, and complete the following. These services are more
specifically described in the Grantee's Proposal, Attachment A.
A. The Grantee shall submit reports and/or documents as may be specified in this agreement and
other reports that may be requested by the Grant Administrator. These reports, at a
minimum, shall consist of the following:
1. A work progress report in format prescribed by the Office of Land Survey and
Remonumentation that wili include:
a. Work accomplished during the reporting period and the work to be completed during
the subsequent reporting periods with the following supporting documentation for
work completed:
1) A copy of the recorded Land Corner Recordation Certificate (LCRC) for each
corner with monumentation completed.
2) A corner marker and accessories site inspection report (if under a perpetual
monument maintenance work program).
3) The Grantee's corner LCRC Data and MCS83 report for state plane coordinate
work completed, submitted to the state on the web-based Remonumentation
System.
4) A paper copy of each Mark Recovery Report (recovery report of published
control stations) entered on the NOS web site on the Internet.
5) A paper copy of the report for each unpublished control station. Unpublished
control stations are to be reported in a format similar to the old DDPROC report.
While this program does not require that each control station he blue-booked, it
does require that an inventory be maintained.
2. A final completion report for the grant period documenting work completed and
expenditures incurred in a format provided by the Office of Land Survey and
Remonumentation that shall include:
a. A 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
annual work program and/or any work not completed that was specified in the
approved work program,
b. The following supportin2 documentation for work completed that was not previously
submitted with the work progress report:
1) A copy of the recorded Land Corner Recordation Certificate (LCRC) for each
corner with monumentation completed.
2) A corner marker and accessories site inspection report (if under a perpetual
monument maintenance work program).
3) The Grantee's corner LCRC Data and MCS83 Report for any state plane
coordinate work completed, submitted to the state on the web-based
Remonumentation System.
4) A paper copy of each Mark Recovery Report (recovery report of published
control stations) entered on the NGS web site on the Internet.
5) A paper copy of the report for each unpublished control station. Unpublished
control stations are to be reported in a format similar to the old DDPROC report.
While this program does not require that each control station be blue-hooked, it
does require that an inventory be maintained.
3. State plane coordinate data:
a. All surveys for establishing state plane coordinate values for public land survey
corners and property-controlling corners shall conform to the County Plan and/or
be performed to meet the published minimum standards and specifications of the
FGCS.
i. The standard deviation at 95% confidence level shall not exceed 0.125
international feet unless otherwise conforming to an approved county plan. In
no case shall the relative error, expressed as a ratio, exceed 1 part in 10,000.
ii. The contracting professional surveyor responsible for the state plane
coordinate work shall submit: 1) the final adjusted coordinates; 2) a print-out
of the final coordinates and the least square adjustment performed to
determine the MCS83 coordinate values; and 3) FGCS and/or county plan
compliance certification to the Grantee along with the following redundant
measurements: independent measurements shall be made, using a different
equipment configuration and/or technique from that originally used, between
adjacent corners to compare with the final adjusted distance from the least
squares adjustment program. These independent measurements shall be
performed on a randomly selected minimum of 5% of quarter corner-section
corner (half mile) or section corner-section corner (frill mile) distances
originally measured and adjusted.
iii. The difference between any check measurements and the adjusted values shall
not exceed 100 parts per million.
iv. For projects where two or more surveyors are working in adjacent contract
areas or where separate least square adjustments are made to establish state
plane coordinates, the surveyors shall include in their survey all corners along
the common boundary between their own contracted survey area and the
4
adjacent contracted survey area. One set of coordinates shall be established at
each corner by a contracted surveyor and the surveyor working in the adjacent
area shal: verify the coordinates to within the tolerances described above for
each coordinate component. The standards and procedures in this paragraph
shall also be followed along county lines.
B. State plane coordinates reported by Grantees shall be submitted to the state on the web-based
Remonumentation System data collection program provided by the Grantor. Reports shall
contain the following information:
1. The date of the survey and Geodetic Reference Spheroid Model (Adj Year) used in
adjusting and determining state plane coordinates.
2. The adjusted MCS-83 North coordinate value in international feet to two decimal places
and the adjusted MCS-83 East coordinate value in international feet to two decimal
places.
3. The positional tolerance of that corner or station expressed as the standard deviation
(95% confidence level) in the North coordinate value and the East coordinate value in
international feet to two decimal places.
4. The Zone as defined in Act 9 of the Public Acts of 1964 as amended by Act 154 of the
Public Acts of 1988.
5. The combined grid factor for that station to be used to convert grid distances to horizontal
distances.
6. The Permanent Identification Number (the published NOAAINGS PM) for the nearest
First or Second Order horizontal geodetic control station from which the state plane
coordinates were determined. Unpublished control stations are to be reported in a format
similar to the old DDPROC reports with a paper copy provided. The station designation
(name) should be entered in the Memo field of the database rather than the HD field for
published NUS stations.
7. The contracting professional surveyor responsible for the state plane coordinate work
shall certify that the coordinates have been established and determined in conformance
with the published FGCS standards and/or specifications of an approved county plan.
The certification provided must be at least equivalent to the sample state plane coordinate
certification provided by the Office of Land Survey and Remonumentation.
8. The method of survey utilized to determine coordinate values.
9. The contracting professional surveyor's name, license number, firm name and address.
5
10. The mean sea level elevation of the corner and the datum used. If mean sea level
elevation is not available for a corner, then ellipsoid elevations are permitted.
11. Kinematic methods, whether real-time kinematic or post-processed kinematic, do not
currently meet any published FOCS standard or specification for geodetic work and are
not eligible for reimbursement under this grant program unless in conformance with an
approved county plan.
1,2 Detailed Budget
A. This Agreement does not commit the State of Michigan (State) or the Department of
Labor & Economic Growth (DLEG) to approve requests for additional funds at any time.
B. Attachment B is the Budget. The Grantee agrees that all funds shown in the Budget are
to be spent as detailed in the Budget. Changes in the Budget of less than 5% do not
require prior written approval, but Grantee must provide notice to the Grant
Administrator at the time the need for change occurs. Changes in the Budget equal to
or greater than 5% will be allowed only upon prior review and written approval by the
Grant Administrator.
13 Payment Schedule
A. The maximum amount of grant assistance offered is 53503,120.00. An advance of
S201,248.00 (40% of the State grant) shall be made to the Grantee upon receipt by the
Grant Administrator of a signed Agreement and a request for advance from the Grantee.
B. The Grantee's grant administrator may submit a work progress report after July 1, 2008
accompanied by copies of all invoices, the Survey and Remonumentation account
printout or equivalent general ledger copies, and applicable payroll records.
C. After receipt and approval of the work progress report by the Grant Administrator, a
second payment of up to an additional 45% of the state grant amount (based upon actual
expenditures) may be paid to the grantee. The remaining portion of the state grant
amount may be paid upon receipt and approval of the completion report.
D. The Grantee's grant administrator may submit the completion report after July 1, 2008.
Payment of the remaining grant balance (based upon actual expenditures) shall be made
after the Grant Administrator has received and approved the completion report. The final
report is also contingent upon the submission of all documentation of grant fund
expenditures as well as work program records reported by line item and work program
category and compared to the approved Budget.
6
1.4 Monitoring and Reporting Program Performance
A. Monitoring. The Grantee shall monitor performance to assure that time schedules are
being met and projected work by time period is being accomplished.
B. Monthly Reports. The Grant Administrator may request monthly performance reports
that briefly present the following information:
1. Percent of completion of thc project objectives. This should include a brief outline of
the work accomplished during the reporting period and the work to be completed
during the subsequent reporting period.
2. Brief description of problems or delays, real or anticipated, which should be brought
to the attention of the Grant Administrator.
3. Statement concerning any significant deviation from previously agreed-upon
Statement of Work.
C. A Final Report is required. The Grantee will do the following:
1. Submit one copy of the final report no later than February 28, 2009
for review by the Grant Administrator.
1 The final report will include the following information:
a. A summary of the project implementation plan and any deviations from the
original project as proposed.
b. Accomplishments and problems experienced while carrying out the project
activities.
c. Coordinated efforts with other organizations to complete the project.
d. Impacts, anticipated and unanticipated. experienced as a result of the project
implementation.
e. Financial expenditures of grant money and other contributions to the project.
f. Any experience in applying the project products and anticipated "next steps."
g. Actual Budget expenditures compared to the Budget in this Agreement. Include
the basis or reason for any discrepancies.
PART II- GENERAL PROVISIONS
2.1 Project Changes
Grantee must obtain prior written approval for ANY major project change OR A CHANGE
GREATER THAN 5% OF THE APPROVED BUDGET from the Grant Administrator.
GRANTEE MUST PROVIDE NOTICE OF ANY CHANGE LESS THAN OR EQUAL TO
5% AT THE TIME THEE NEED FOR A CHANGE OCCURS.
2.2 Record Retention
The Grantee shall retain all financial records. supporting documents. statistical records. and all
other pertinent records for a period of seven (7) years or greater as provided by law following the
creation of the records or documents.
2.3 Project Income
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 B, must have prior
written approval of the Grant Administrator. Equipment is defined as non-expendable personal
8
property having a useful life of more than one year. Such equipment shall be retained by the
Grantee unless otherwise specified at the time of approv
2.7 Accounting
The Grantee shall adhere to the General ly Accepted Accouming Principles and shall maintain
records which will allow, at a minimum, for the comparison of actual outlays with budgeted
amounts. The Grantee's overall financial management system must ensure effective control over
and accountability for all funds received. Accounting records must be supported by source
documentation, including, but not limited to, copies of invoices for all services provided, Survey
and Remonumentation fund printout or equivalent general ledger copies, and applicable payroll
records. The expenditure of state funds shall be reported by line item and work program
category and compared to the Budget.
2.8 Audit
A. The Grantee agrees that the State may, upon 24-hour notice, perfbrm an audit andlor
monitoring review at Grantee's location(s) to determine if the Grantee is complying with the
requirements of the Agreement, The Grantee agrees to cooperate with the State during the
audit and/or monitoring review and produce all records and documentation that verifies
compliance with the Agreement requirements. The Grantor may require the completion of an
audit before final payment.
B. If the Grantee is a governmental or non-profit organization, then Grantee is required to
submit a Single Audit report to all agencies that provided federal funds to the entity during
the fiscal year being audited.
C. If the Grantee is a commercial or for profit organization which is a recipient of Workforce
Investment Act Title I funds and expends more than the minimum level specified in Office of
Management and Budget (01\413) Circular A-133 ($500.000 as of June 27, 2003), then the
Grantee must have either an organization-wide audit conducted in accordance with A-133 or
a program specific financial and compliance audit conducted. Section .320(a) of OMB
Circular A-I33 states the Single Audit report must be submitted to the Grantor within 30
days after the completion of the audit, but no later than 9 months after the end of the
Grantee's fiscal year.
2.9 Competitive Bidding
A. The Grantee agrees that all procurement transactions involving the use of state funds shall be
conducted in a manner that provides maximum open and free competition. The Grantee's
contractors andior subcontractors shall be selected in compliance with Qualification-Based
Selection as set forth in House Concurrent Resolution No. 206 (June 1987).
9
B. All contracts should be negotiated to the extent that such negotiation is possible.
3.0 Liability
The State is not liable for any costs incurred by the Grantee before the start date or after the end
date of this Agreement. Liability of the State is limited to the terms and conditions of this
Agreement and the grant amount.
3.1 Intellectual Property
Unless otherwise required by law, all intellectual propersy developed using funds from this
Agreement. including copyright, patent, trademark and trade secret, shall belong to the Grantee,
3.2 Safety
The Grantee, all contractors, and subcontractors are responsible for insuring that all precautions
are exercised at all times for the protection of persons and property. Safety provisions of all
Applicable Laws and building and construction codes shall be observed. The Grantee,
contractors, and every subcontractor are responsible for compliance with all federal. state and
local laws and regulations in any manner affecting the work or performance of this Agreement
and shall at all times carefully observe and comply with all rules, ordinances, and regulations.
The Grantee, all contractors and subcontractors shall secure all necessary certificates and permits
from municipal or other public authorities as may be required in connection with the
performance of this Agreement.
3.3 Indemnification
A. Inasmuch as each party to this grant is a governmental entity of the State of Michigan, each
party to this grant must seek its own legal representation and bear its own costs: including
judgments, in any litigation which may arise from the performance of this grant. It is
specifically understood and agreed that neither party will indemnify the other party in such
litigation.
B. To the extent permitted by law, the monumentation surveyor shall indemnify, defend and
hold harmless the State and the Grantee from liability, including all claims and losses, and all
related costs and expenses (including reasonable attorneys' fees and costs of investigation,
litigation, settlement, judgments, interest and penalties). accruing or resulting to any person,
firm or corporation that may be injured or damaged by the monumentation surveyor in the
performance of this contract and that are attributable to the negligence or tortious acts of the
monumentation surveyor or any of its subcontractors, or by anyone else for whose acts any of
them may be liable.
3.4 Cancellation
The State may terminate this Agreement without further liability or penalty to the State, its
departments, divisions, agencies, offices, commissions, officers, agents and employees for any of
the following reasons:
A. Teimination for Cause
In the event that Grantee breaches any of its material duties or obligations under this
Agreement or poses a serious and imminent threat to the health and safety of any person, or
the imminent loss, damage or destruction of any real or tangible personal property, the State
may terminate this Agreement immediately in whole or in part, for cause, as of the date
specified in the notice of termination.
B. Termination for Convenience
The State may terminate this Agreement for its convenience, in whole or part, if the State
determines that such a termination is in the State's best interest. Reasons for such
termination shall be left to the sole discretion of the State and may include, but not
necessarily be limited to (a) the State no longer needs the Services or products specified in
the Agreement, (b) relocation of office, program changes. changes in laws, rules, or
regulations make implementation of the services no longer practical or feasible, The State
may terminate this Agreement for its convenience, in whole or in part, by giving Grantee
written notice at least thirty (30) days prior to the date of termination. If the State chooses to
terminate this Agreement in part, the Budget shall be equitably adjusted to reflect those
reductions.
C. Non-Appropriation
Grantee acknowledges that continuation of this Agreement is subject to appropriation or
availability of funds for this Agreement. If funds to enable the State to effect continued
payment under this Agreement are not appropriated or otherwise made available (including
the federal government suspending or halting the program or issuing directives preventing
the State from continuing the program), the State shall have the right to terminate this
Agreement, in whole or in part, at the end of the last period for which funds have been
appropriated or otherwise made available by giving written notice of termination to Grantee.
The State shall give Grantee at least 30 days advance written notice of termination for non-
appropriation or unavailability (or such time as is available if the State receives notice of the
final decision less than 30 days before the funding cutoff). In the event of a termination
under this section, the Grantee shall, unless otherwise directed by the State in writing,
immediately take all reasonable steps to terminate its operations and to avoid andlor
minimize further expenditures under the Agreement.
II
D. Criminal Conviction
The State may terminate this Agreement immediately and without further liability or penalty
in the event Grantee, an officer of Grantee, or an owner of a 25% or greater share of Grantee
is convicted of a criminal offense incident to the application for or performance of, a State,
public or private contract or subcontract or grant: convicted of a criminal offense, including
any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of
records, receiving stolen property, attempting to influence a public employee to breach the
ethical conduct standards for State of Michigan employees; convicted under State or federal
antitrust statutes; or convicted of any other criminal offense which in the sole discretion of
the State reflects upon Grantee's business integrity.
E. Approvals Rescinded
The State may terminate this Agreement without further liability or penalty in the event any
final administrative or judicial decision or adjudication disapproves a previously approved
request for purchase of personal services pursuant to Constitution 1963, Article 11, § 5, and
Civil Service Rule 7-1. Termination may be in whole or in part and may be immediate as of
the date of the written notice to Grantee or may be effective as of the date stated in such
written notice.
3.5 No State Employees or Legislators
No member of the Legislature or Judiciary of the State of Michigan or any individual employed
by the State shall be permitted to snare in this Agreement. or any benefit that arises from this
Agreement.
3,6 Non-Discrimination
In the performance of the Agreement. Grantee agrees not to discriminate against any employee
or applicant for employment, with respect to his or her hire, tenure, terms, conditions or
privileges of employment, or any matter directly or indirectly related to employment, because of
race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or
mental disability. Grantee further agrees that every subcon:ract entered into for the performance
of this Agreement will contain a provision requiring non-discrimination in employment, as here
specified, binding upon each subcontractor. This covenant is required pursuant to the Elliott
Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq. and the Persons with Disabilities
Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and any breach of this provision may be
regarded as a material breach of the Agreement.
12
3.7 Unfair Labor Practices
Pursuant to 1980 PA 278, MCL 423.231. et seq., the State shall not award a grant or subcontract
to an employer whose name appears in the current register of employers failing to correct an
unfair labor practice compiled pursuant to section 2 of the Act. This information is compiled by
the United States National Labor Relations Board. A Grantee. in relation to the Agreement, shall
not enter into a contract with a subcontractor, manufacturer. or supplier whose name appears in
this register. Pursuant to section 4 of 1980 PA 278. MCL 423.324, the State may void any
Agreement if, subsequent to award of the Agreement, the name of Grantor as an employer or the
name of the subcontractor, manufacturer or supplier of Grantor appears in the register.
3.8 Certification Regarding Debarment
The Grantee certifies, by signature to this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment. declared ineligible, or voluntarily
excluded from participation in this Agreement by any federal or State department or agency. If
the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an
explanation to this Agreement.
3.9 Illegal Influence
A. The Grantee certifies, to the best of his or her knowledge and belief that:
1. No federal appropriated funds have been paid nor will be paid. by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal. amendment,
or modification of any federal contract, grant, loan or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with this grant, the Grantee shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying.," in accordance with its
instructions.
3. The Grantee shall require that the language of this certification be included in the award
documents for all grants or subcontracts and that all subrecipients shall certify and
disclose accordingly.
. '
The State has relied upon this certification as a material representation. Submission of
this certification is a prerequisite for entering into this Agreement imposed by 31 USC §
1352, Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
B. The Grantee certifies, to the best of his or her knewledg.e and belief that no state funds have
been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or
attempting to influence an officer or employee of any State agency, a member of the
Legislature, or an employee of a member of the Legislature in connection with the awarding
of any state contract, the making of any state grant, the making of any state loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any state contract, grant, loan or cooperative agreement
4.0 Governing Law
The Agreement shall in all respects be governed by. and construed in accordance with, the
substantive laws of the State of Michigan without regard to any Michigan choice of law rules
that would apply the substantive law of any other jurisdiction to the extent not inconsistent with,
or pre-empted by federal law.
4.1 Compliance with Laws
Grantee shall comply with all applicable state, federal, and local laws and ordinances
("Applicable Laws") in performing this Agreement.
4.2 Jurisdiction
Any dispute arising from the Agreement shall be resolved in the State of Michigan. With respect
to any claim between the parties. Grantee consents to venue in Ingham County, Michigan, and
irrevocably waives any objections it may have to such jurisdiction on the grounds of lack of
personal jurisdiction of such court or the laying of venue of such court or on the basis of forum
non conveniens or otherwise. Contractor agrees to appoint agents in the State of Michigan to
receive service of process.
4.3 Assignment
Grantee shall not have the right to assign the Agreement, or to assign or delegate any of its duties
or obligations under the Agreement, to any other party (whether by operation of law or
otherwise), without the prior written consent of the Grantor. Any purported assignment in
violation of this section shall be nu:1 and void.
14
4.4 Entire Agreement
The Agreement, including any Attachments, constitutes the entire agreement between the patties
with respect to the grant and supersedes all prior agreements, whether written or oral, with
respect to such subject matter.
4.5 Independent Contractor Relationship
The relationship between the State and Grantee is that of client and independent Contractor. No
agent, employee, or servant of Grantee or any of its Subcontractors shall be or shall be deemed to
be an employee, agent or servant of the State for any reason. Grantee will be solely and entirely
responsible for its acts and the acts of its agents, employees, servants and subcontractors during
the performance of the Agreement.
4.6 Conflicts
In the event of a conflict between the terms of this Agreement and any federal or state laws or
regulations, the federal or state laws or regulations will supersede any contrary term contained in
this Agreement.
1 5
The signatories warrant that they are empowered to enter into this Agreement and agree to be
bound,by it.
/
Keith W. Coo — Department
State of Mi
/ .,./.2"4„/";/
batle Fax
'8‘ Economic
Ruth Johnson
County Grant Wdministrator
County of Oakland
4.7 Signatories
The foregoing Grant Offer is hereby accepted, and it is agreed that the funds made available will
be used only as set forth in the Grantee's approved County Plan and the approved Survey and
Monumentation Grant Application including the 2008 annual work program.
/30
Date
GRANT NO. BCC 08-63
A ,
FISCAL NOTE (MR #08 051 March 20, 2008
BY: Finance Committee, Mike Rogers, Chairperocn
IN RE: CLERK/REGISTER OF DEEDS - CALENDAR YEAR 2008 ASSISTANCE FOR SURVEY,
MONUMENTAT ION AND REMONUMENTATION GRANT ACCEPTANCE
To the Oakland County Board of CoriLissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the
above referenced resoluton and finds:
The Michivan Department of Labor and Economic Growth has awarded
Oakland County $03,120 for on-going funding of the Remonumentation
program.
2. The grant award is for Calendar Year 2C08 beginning January 1, 2008
through December 2308.
3. $403,120 win fund current program costs and $100;000 is
reimbursement for expedited expenditures.
4. No county match is required.
5. A budget amendment to the Fiscal Year 230e Special Revenue Fund
budget is recommended as follows:
SPECIAL REVEWJE F:ND 1129220 Adooted
Revenue FY 203
2010401-172180-61571 Grant-State $9E7,21E5
Total Special Revenue Fund Revenue S957,218
Expenditures
2010401-172180-732012 Salaries 02,48.
2010401-172183-722742 Fringes $ 48,594
2010401-172180-730709 Foos-Per Diem $ 1F,5,000
2010401-172180-742128 Remon. Exp. $849,436
2010401-172180-77E675 :clephene $ 1,727
Total Special Revenue Fund Expenses $987,218
Change Amended
FY 2008 FY 2008
($”84,098) $403,120
($584,098) _$403,120
($ 17,281) $ 55,200
($ 23,794) $ 24,800
$ 3,000 $ 10,000
($546,316) $303,120
$ 293 $ 2,200
($584,098) $403,120
FINTINCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote witn Coulter and Greimel absent.
4. 7.11
Resolution #08051 March 20, 2008
Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coulter. Crawford, Douglas, Gershenson, Gingen, Gosselin, Gregory, Greimel,
Jacobsen, KowaII, Long, Middleton. Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted ii favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
7
I HEREBY APPROVE THE FOREGOING REsourrioN
ACTING PURSJANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 20, 2008,
with the original record thereof now remaining ii my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 20th day of March, 2008.
, County Clerk