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HomeMy WebLinkAboutResolutions - 2010.08.04 - 10030FISCAL NOTE #101.86 August 4, 2010 BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION — RECEIPT OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT LANDOWNER INCENTIVE PROGRAM GRANT — ROSE OAKS AND INDEPENDENCE OAKS COUNTY PARKS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous Resolution and finds: 1. The Michigan Department of Natural Resources and Environment Wildlife Division has approved the Oakland County Parks and Recreation application for financial reimbursement in the amount not to exceed $12,000 (60% of total project costs) from the Landowner Incentive Program — Wildlife Habitat Management for prescribed burns to control invasive species and improve wildlife habitat on approximately 54 acres at Independence Oaks County Park and approximately 71 acres at Rose Oaks County Park. 2. The total program cost is $20,000. 3. The Oakland County Parks and Recreation Commission has sufficient funds available for the forty percent (40%) local match co-pay which amounts to $8,000. 4. The Oakland County Parks and Recreation Commission approved acceptance of this grant on July 7, 2010. 5. The grant period begins once the contract is signed and must be completed by September 30, 2011. 6. The prescribed burns will be conducted in the spring of 2011. 7. Sufficient funding is available in the Oakland County Parks and Recreation Commission's Fiscal Year 2011 Operating Budget. No budget amendment is recommended. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Coulter absent. MISCELLANEOUS RESOLUTION #10186 August 4, 2010 BY: PLANNING AND BUILDING COMMITTEE, JOHN SCOTT, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION — RECEIPT OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT LANDOWNER INCENTIVE PROGRAM GRANT - ROSE OAKS AND INDEPENDENCE OAKS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Parks and Recreation Commission has identified and established priorities for the stewardship and maintenance of park natural resources within the adopted Recreation Master Plan; and WHEREAS, the Oakland County Parks and Recreation Commission recommends the acceptance of the following grant award from the Department of Natural Resources and Environment for prescribed burns at Rose Oaks and Independence Oaks County Parks to control invasive species and improve wildlife habitat. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Department of Natural Resources and Environment Grant contract in the amount of $12,000 (60% of total project costs) with a local match of $8,000 (40%). BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Board of Commissioners direct its Chairperson or designee to execute said grant agreement on behalf of the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. NNING ARD IVIILDNG COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried on a roll call vote with Capelio absent. GRANT REVIEW SIGN OFF — Parks & Recreation GRANT NAME: 2010 Landowner Incentive Program FUNDING AGENCY: Michigan Department of Natural Resources and Environment DEPARTMENT CONTACT PERSON: Melissa Prowse 248 858-4630 STATUS: Grant Acceptance DATE: July 20, 2010 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 grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the want agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing 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 (7/12/2010) Department of Human Resources: Approved. Cathy Shallal (7/13/2010) Risk Management and Safety: Approved By Risk Management. Defer to Corporation Counsel regarding requirement to indemnify State. — Andrea Plotkowslci (7/8/2010) Corporation Counsel: Attached are the grant documents for the Landowner Incentive Program—Wildlife Habitat Management Agreement that have been amended to remove the indemnification provision. These are the documents that should be approved. — Jody S. Hall (7(19/2010) COMPLIANCE Michigan Natural Resources and Environments Protection Act 451 of 1994 littp://www .1 egi slatu re.rni .gov/(S(vidlbtyil3q11h3 ofmx40x55))/mileg.aspx?pageetObject&obi ectname=mcl-Act-451 -of- I 994 JENNIFER M. GRANHOLM GOVERNOR REBECCA A. HUMPHRIES DIRECTOR June 23,2010 STATE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENT LANSING Brittany Bird Natural Resources Planner Oakland County Parks and Recreation Commission 2800 Watkins Lake Rd Waterford, MI 48328 Dear Ms. Bird: The Michigan Department of Natural Resources has approved your Landowner Incentive Program Project for $12,000. This grant is to be used to conduct burns at two Oakland County Parks, in spring 2011. This grant is for prescribed fire on approximately 71 acres at Rose Oaks County Park, and 54 acres at Independence Oaks County Park. The DNRE agrees to reimburse Oakland County Parks and Recreation, for $12,000 for these prescribed fires on the county properties, to control invasive species and improve habitat in high quality prairie fen/wetlands as well as associated uplands. Invoices must be submitted once the services have been concluded. To initiate your grant, please sign the enclosed Grant Acceptance Form and return it along with the Agreement to me at the address below. Please note all forms must be signed and returned to initiate payment of your grant award. Please check your Social Security number or federal tax identification number on the Grant Acceptance Form. Thank you for your involvement in the Landowner Incentive Program, and for helping to establish habitat for rare and declining wildlife. We are pleased to be able to fund your project. Sincerely, ii Julie Oakes Wildlife Division Seven Lakes State Park 14390 Fish Lake Rd Holly, MI 48442 CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973 www.michigan.govid nre • (800) 662-9278 Project Type Wetland 0Jack Pine acres EGrassland acres DMesic Conifers acres DBarrens/Savanna acres acres DEarly Successional Forest _ acres IV. FUNDS Partner Equipment Materials Funds In-kind Total Cost Michigan Department of Natural Resources & Environment - Wildlife Division LANDOWNER INCENTIVE PROGRAM PROJECT DESCRIPTION Requested under authority of Act 451 of PA of 1994, as amended. I. LANDOWNER INFORMATION Name Oakland County Address 2800 Watkins Lake rd City, State, ZIP Waterford MI 48328 II. DESCRIPTION OF LAND County Township Name Tom Range Section LaMude longitude Oakland rose and Independance' _ III. PROJECT PLAN Oakland co TOTAL DNRE COST: $12,000 TOTAL PROJECT COST: $20,000 V. CONTRACT SPECIFICATIONS Scope of work: Provide funding for use of RX fire in high quality fen/wetland oomplexes at Rose Oaks and Independence oaks county park Provide approx 5500 for each park, for rx burn Oakland co top coordinate, bid, pay for, oversee the fire on approx 71 ac rose, and 54 at independence, any additional costs will be paid by Oakland County. Contract to begin once signed and project must be completed by September 30, 2011. PR2015-6 (Rev. 02110/2010) Commodities: Services: RX fire on Independenc and Rose oaks county parks. Review: Project will be reviewed by biologist once burn is complete. Method of Payment: invoices shall be submitted after services are complete. Reimbursement not to exceed $12,000 PR2015-6(Rev 02/10/2010) 2010 Landowner Incentive Program Fund LANDOWNER GRANTS ACCOUNT Grant Acceptance Form Project Title: Oakland County Parks and Recreation Commission Name: Brittany Bird Payee: (Make check payable to): Oakland County Parks and Recreation Commission Address: 2800 Watkins Lake Rd Waterford, MI 48328 Telephone: 248 858 1726 SS # or Fed. I.D. #: 38-6004876 Please verify by initialing here if the Social Security or Federal Identification number is correct for the payee listed above. If "SS # or Fed.I.D. #" field is blank or incorrect; please enter the correct number in this space: Address of Individual or Organization if different from above: N/A Total amount of grant: $12,000.00 Upon signing the Grant Acceptance Form, I accept this grant and agree to the terms presented in this form, the notification letter dated June 23, 2010 and the Landowner Incentive Program Landowner Agreement. These three documents constitute the grant agreement for this project. I also agree to complete the work as described in my project description, or as modified through discussion with or notification by the Department of Natural Resources. Authorized Signature (only necessary if in addition to Grantee's signature)date Grantee's Signature date Department of Natural Resources Approval date For Office Use Only: PCA Project Code Index , Michigan Department of Natural Resources & Environment — Wildlife Di,vision LANDOWNER INCENTIVE PROGRAM - WILDLIFE HABITAT MANAGEMENT AGREEMENT Required under authority of Act 451 of PA of 1994, as amended This Agreement between Oakland County Parks And Rec Commission hereinafter referred to as "Cooperator(s)," and the Michigan Department of Natural Resources & Environment Wildlife Division, hereinafter referred to as "Division," is authorized by the Natural Resources and Environmental Protection Act, 1994 PA 451. The Division and the Cooperator(s) agree to carry out certain wildlife management practices and habitat developments on land owned by the Cooperator(s) as described in the attached Project Description and identified on the attached map and/or aerial photograph. The Cooperator(s) agrees to join as a participant in a Landowner Incentive Program, hereinafter referred to as Program. The Cooperator(s) grants authorization to the Division to carry out wildlife habitat developments and/or agrees to personally carry out wildlife habitat development and management activities with financial or material support, as described in the Project Description. Any supplies, equipment or direct payment from the Division to the Cooperator(s) for carrying out wildlife habitat developments are also detailed in the Project Description. The Cooperator(s) further agrees to: 1. Assume responsibility for securing federal, state and local permits needed to carry out the proposed habitat development project. 2. Allow the wildlife habitat development project described in the Project Description to remain in place for a period of 10 years from the date of the Cooperator's signature on this Agreement. 3. Allow the Division staff or an appropriate representative reasonable access to the described property for the period of this Agreement in order to complete the agreed upon habitat development project and to make periodic inspections of the habitat development for program monitoring purposes. 4. Notify the Division in writing at least 30 days before closing of any planned sale or other change in the ownership of the described property. 5. Complete all Cooperator(s) responsibilities as listed in Contract Specification. The Division assumes no authority over the described property for purposes of controlling trespass, for controlling noxious weeds, for identifying or removing pre-existing hazards including waste materials, for granting rights of way, or for any other incidents of ownership. The Cooperator(s) shall own all of the completed or installed developments and shall be solely responsible for paying all taxes and assessments on the described property. LIABILITY. The Cooperator(s) hereby releases, waives, discharges and covenants not to sue the State of Michigan, its departments, officers, employees and agents, from any and all liability to Cooperator(s), its officers, employees and agents, for all losses, injury, death or damage, and any claims or demands thereto, on account of injury to person or property, or resulting in death of Cooperator(s), its officers, employees or agents, in reference to the activities authorized by this Agreement. If the Division secures a third party vendor to provide services or equipment for any part or all of the wildlife habitat development project, the Division will require the contractor to list the Cooperator, including its shareholders, officers, employees, and agents, as additionally insured on contractor insurance policies. Initials Page 1 of 2 PR2015-5 (Roy. 02/19/2010) LANDOWNER INCENTIVE PROGRAM - WILDLIFE HABITAT MANAGEMENT AGREEMENT This Agreement may be modified at any time by mutual written consent of the parties. it may be terminated by either party upon 30 days advance written notice to the other party. However, if the Cooperator(s) terminates the Agreement before its expiration, or if the Cooperator(s) should fail to maintain the wildlife habitat development for the length of the Agreement, then the Cooperator(s) agrees to reimburse the DNRE Wildlife Division prior to final termination for the pro-rated costs of all habitat development projects placed on the described land through this Agreement. For these purposes the total cost of the development projects to the State are agreed to be $ 121000. This agreement becomes null and void upon land being accepted into any USDA Farm Bill program, including extensions, as long as current wildlife habitat development project is maintained. COOPERATOR DIVISION Signature — Cooperator Signature - Wildlife Biologist Printed name Printed name Date Date COOPERATOR CONTRACTOR Signature — Cooperator Signature - Contractor Printed name Printed name Date Date Initials Page 2 of 2 PR2015-5 (Rev 02/1912010) Resolution #10186 August 4, 2010 Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Coleman, Coulter, Douglas, Gershenson, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. 100•••- 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 August 04, 2010, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 4th day of August, 2010. qat Ruth Johnson. County Cleft