HomeMy WebLinkAboutResolutions - 2010.03.03 - 10194MISCELLANEOUS RESOLUTION #10029 February 18, 2010
BY: Planning and Building Committee. John Scott, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/
WASTE RESOURCE MANAGEMENT — APPROVAL OF OAKLAND COUNTY BROWNFIELD
CONSORTIUM INTERLOCAL AGREEMENT
To the Oakland County Board of Commissloners
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to Miscellaneous Resolution #09264 "Board of Commissioners-
Acceptance of United States Environmental Protection Agency Brownfield Consortium Grant"
The USEPA has awarded $1,000.000 to the Oakland County Brownfield Consortium and
WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac
will enter into a memorandum of agreement with Oakland County pertaining to this grant; and
WHEREAS the County's Corporation Counsel has reviewed and approved an Interlocal
Agreement between the County and a lumber of municipalities in Oakland County for the
creation of the Oakland County Brownfield Consortium: and
WHEREAS the following Cities have approved the Interlocal Agreement: Farmington Hills,
Ferndale. Hazel Park. Madison Heights, and Pontiac: and
WHEREAS the Cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights and Pontiac
wilt have $100,000 each to spend on environmental assessments on Brownfield sites in their
cities as part of this grant; and
WHEREAS the remaining $500.000 of the grant will be spent on environmental investigations
on Brownfield sites located in the other Cities, Villages and Townships not associated as part of
the Oakland County Brownfield Consortium.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of
Commissioners to sign the Agreement with all municipalities who have signed the Interlocal
Agreement and passed a resolution in support thereof.
Chairperson. on behalf of the Planning & Building Committee, I move the adoption of the
foregoing resolution.
PLANNING & BUILDIAG COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried on a roll call vote with Capeilo absent.
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
CITY OF FARMINGTON HILLS
The Oakland County Brownfield Consortium Agreement ("the Agreement") is entered into between the
County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac,
Michigan 48341 ("County"), and the City of Farmington Hills, 31555 Eleven Mile Road, Farmington
Hills, Michigan 48336, a Michigan Municipal Corporation ("Municipality"). In this Agreement the
County and the Municipality may also be referred to individually as "Party" or jointly as "Parties".
PURPOSE OF AGREEMENT. The County and the cities of Farmington Hills, Ferndale, Hazel Park,
Madison Heights, and Pontiac. (collectively known as the "Oakland County Brownfield Consortium")
formed a coalition to apply for an Environmental Protect Agency ("EPA") Brownfield Coalition
Assessment Grant, Because the Consortium is not a legal entity and because only one member of the
Consortium could submit the grant application and be the grant recipient. the County submitted the
Brownfield Coalition Assessment Grant on behalf of the members of the Consortium. Brownfield
Assessment grants provide funding for developing inventories of brownfields, prioritizing sites,
conducting community involvement activities, and conducting site assessments and clean-up planning
related to brownfield sites.
The County was awarded a one million dollar ($1,000,000.00) Brownfield Coalition Assessment Grant
to be used by the Consortium. On September 30, 2009, the EPA and the County entered into a
Cooperative Agreement, Number BF-00E92301-0, with respect to the one million (1,000,000.00)
Brownfield Coalition Assessment Grant.
The 2009 Guidelines for Brownfield Assessment Grants require that the Consortium members execute
an agreement documenting the site selection process, distribution of funds and the mechanisms for
implementing the work to be performed with grunt funds.
Therefore, pursuant to the 2009 Guidelines for Brownfield Assessment Grant and pursuant to the Urban
Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the County and the Municipality enter into
this Agreement for the purpose of delineating the relationship and responsibilities between the County
and the Municipality regarding the 2009 Brownfield Coalition Assessment Grant and EPA Cooperative
Agreement Number BF-00E92301-0.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1, DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, within or without quotation marks, or possessive or nonpossessive,
shall be defined, read, and interpreted as follows.
Pagel
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT FINAL
1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,
and any other mutually agreed to written and executed modification, amendment, or
addendum.
1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are
imposed on, incurred by, or asserted against the County or Municipality, as defined herein,
whether such claim is brought in law or equity, tort, contract, or otherwise.
1.3. Cooperative Agreement means the agreement awarded to the County by the Environmental
Protection Agency Number BP-00E92301-0 and attached as Exhibit A to this Agreement.
1.4, County means the County of Oakland, a Constitutional and Municipal Corporation
including, but not limited to, its Board, any and all of its departments, divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, andior any such persons successors.
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Municipality means the City of Farmington Hills, a Michigan Municipal Corporation
including, but not limited to, its Council, Board, any and all of its departments, its divisions,
elected and appointed officials, directors, board members, council members, commissioners,
authorities, committees, employees, agents, subcontractors, attorneys, volunteers, andior any
such persons successors.
1.7. Oakland County Brownfield Consortium or Consortium means the coalition formed by
the County and the cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, and
Pontiac for the purposes of applying for and performance of the 2009 Brownfield Coalition
Assessment Grant.
1.8. Project Manager means the individual designated by the Municipality to participate in the
Consortium and to he the contact person for this Agreement.
2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated
amendments are incorporated and are part of this Agreement
2.1. Exhibit A — Cooperative Agreement, Number BF-00E92301-0. between the County and the
EPA
3. COUNTY RESPONSIBILITIES.
3.1. The County shall act as the fiscal agent/fiduciary for the Consortium relating only to receipt
and disbursement of grant funds for the 2009 Brownfield Coalition Assessment Grant as
required by the Cooperative Agreement and this Agreement.
3.2. The County shall be responsible for the management of the Cooperative Agreement.
Page 2
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
3.3. The County shall comply with all terms and conditions of the Cooperative Agreement and all
applicable statutes and regulations.
3.4. The County shall follow the 2009 Guidelines for Brownfield Assessment Grants.
3.5. The County shall promptly inform all members of the Brownfield Consortium of any
changes to the Cooperative Agreement and how these changes may apply to the
Municipality. The County and EPA may make changes to the Cooperative Agreement
without the approval of the Municipality.
3.6. The County shall provide the Municipality with timely reports regarding the management of
the Cooperative Agreement.
3.7. The County shall have quarterly meetings for the Consortium.
3.8. The Project Manager and the County shall determine the brownfield sites for assessment.
3.9. The County shall select and retain the consultant to perform the assessment of the brownfield
site(s) chosen by the Project Manager and the County. The selection and retention of the
consultant shall include issuing request for proposals or request for qualifications for a
consultant and negotiating and executing a contract with the consultant.
4, MUNICIPALITY RESPONSIBILITIES.
4.1. The Municipality shall comply with all applicable terms and conditions of the Cooperative
Agreement and all applicable statutes and regulations.
4.2. The Municipality shall follow the 2009 Guidelines for Brownfield Assessment Grants.
4.3. The Municipality shall designate an individual and an alternate to act as a Project Manager.
This individual shall act as a liaison between the County and Municipality regarding this
Agreement and shall be responsible for the following: (1) meeting with the County to
determine brownfield sites to be assessed and (2) acting as a liaison with local or community
organizations involved with the application of the Brownfield Coalition Assessment Grant.
The names of these individuals shall be conveyed to the individuals listed in Section 17.1.
5. FINANCIAL RESPONSIBILITIES.
5.1, Any funds awarded to the County under the Cooperative Agreement shall be allocated and
expended only as provided for and permitted by this Agreement, the Cooperative Agreement,
the 2009 Guidelines for Brownfield Assessment Grants, and any applicable statutes or
regulations,
5.2. The Municipality shall be allocated one hundred thousand dollars (S100,000.00) to be used to
assess brownfield sites in its geographic area.
Page 3
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
6. DURATION OF THE AGREEMENT.
6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties,
with resolutions passed by the governing bodies of each Party and when the Agreement is
filed according to MCL 124.510.
6.2. This Agreement shall end September 30, 2014, unless terminated pursuant to Section 8 of
this Agreement or amended pursuant to this Agreement.
7. ASSURANCES/LIABILITY.
7.1. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, laws, and requirements applicable to its activities performed under this
Agreement, including but not limited to the Cooperative Agreement and the 2009 Guidelines
for Brownfield Assessment Grants.
7.2, Each Party shall be responsible for its own acts and the acts of its employees, and agents, the
costs associated with those acts, and the defense of those acts. Any costs, fees, or fines
which result from the violation of this Agreement, the Cooperative Agreement, the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, or local
ordinances, regulations, administrative rules, or laws shall be the responsibility of the entity
committing the violation,
7.3. A Party who is non-compliant with this Agreement, the Cooperative Agreement, the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, and local
ordinances, regulations, administrative rules or laws assumes sole risk and liability for its
non-compliance including but not limited to liability for any penalties imposed by the EPA or
other governmental entity or any other fines, fees or costs associated with its non-
compliance.
7A. To the extent provided by law and in the event there are any costs, fees, fines, or penalties
imposed upon and paid by the County in connection with this Agreement which arise from
the actions of the Municipality, the County has the right to set off that amount against any
amount due to the Municipality from the County, including, but not limited to distributions
from the Delinquent Tax Revolving Fund (DTRF).
7.5. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained herein.
8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or
cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of
termination and/or cancellation shall be clearly stated in the notice if this Agreement is terminated
and/or cancelled. Termination of this Agreement does not release any Party from any obligations
that Party has pursuant to the 2009 Guidelines for Brownfield Assessment Grants, the Cooperative
Agreement or as provided by law. If the Municipality terminates this Agreement, the grant funds
Page 4
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
which were allocated to the Municipality, but not yet used shall be reallocated to other members of
the Consortium.
9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants
for employment, or another persons Or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of
any federal, state or local law.
11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to carry out its obligations and duties pursuant to this Agreement.
12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract,
and/or assign any obligations or rights under this Agreement without the prior written consent of the
other Party.
14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement
to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement.
All other terms, conditions, and provisions of this Agreement shall remain in full force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural number,
any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (I) the date of actual receipt; (2) the next business day when notice is sent
Page 5
OAKLAND COUNTY BRONMFIELD CONSORTIUM AGREEMENT — FINAL
CITY OF FARMING TON HILLS
7
express delivery service or personal delivery; or (3) three days after mailing first class or certified
U.S. mail.
17,1. If Notice is sent to the County., it shall be addressed and sent to: Oakland County Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy
to Oakland County Economic Development and Community Affairs, Attention:
Environmental Program Coordinator, 2100 Pontiac Lake Road, Waterford, Michigan ,
48328.
17,2. If Notice is sent to the Municipality, it shall be addressed to: City Clerk, City of Farmington
Hills, 31555 Eleven Mile, Farmington Hills, Michigan 48336, with a copy to City Manager's
Office, Attention: Economic Development Director, 31555 Eleven Mile Road, Farmington
Hills, Ml 48336.
17.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
18, GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of
the State of Michigan.
19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and executed by both Pasties.
20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes alt other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the
Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this
Agreement.
n l) EXECUTED:
Chairperson
Oakland County Bo,ard of Commissioners
WITNESSED ; ifs
Clerk/Registei dr Deeds. County of Oakland
EXECUTED: >-----
Steve Brock, City Manager
WITNESSED:
Teri Arbenowske
Economic Development Director
Page 6
DATE: 1 \ ci
r_ 1
DATE: ' _
DATE: /
DATE: 11 -30 -6
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
atlityn MDoman, City Clerk
CITY OF FARMING TON HILLS
CITY CLERK'S OPPICE
31555 ir; 11 Mile Road, Farmington Has, MI 48336-1165
(248)871-2410
R-200-09
RESOLUTION
IT IS RESOLVED, that City Council hereby approves the Brownfield Consortium
Agreement between the County of Oakland and the City of Farmington Hills; and further
authorizes the City Manager to execute said agreement on behalf of the City.
Motion by: BRIDGES
Support by: OLIVERIO
Roll Call Vote:
Yeas: BATES, BRICKNER, BRIDGES, BRUCE, ELLIS, MASSEY AND
OLIVERIO
Nays: NONE
Absent: NONE
Abstentions: NONE
MOTION CARRIED 7-0.
I. Kathryn A. Doman. the duly authorized City Clerk of the City of Farmington Hills, Oakland
County, Michigan, do hereby certify that the foregoing is a true copy of a resolution adopted by the
City Council of the City of Farmington Hills at the regular city council meeting held on November
23, 2009,
DATE: November 24, 2009
Lee Miller, Secretary
City Clerk's Office
FARMINGTON
HILLS
Plicktrov
OFFICE OF CITY CLERK
December 1, 2009
Mr. Brad Hansen
Oakland County Environmental Program
2100 Pontiac Lake Road
Executive Office Building, 41W
Waterford, Michigan 48328
Re: Brownfield Consortium Agreement
Dear Mr. Hansen:
Enclosed are two (2) original Brownfield Consortium Agreements between Oakland
County and the City of Farmington Hills, which have been fully executed by the City
Manager and the City Clerk of the City of Farmington Hills. Also attached is an original
City Council resolution approving the agreement at the November 24, 2009, Council
meeting.
Please forward one original agreement back to the Farmington Hills Clerk's Office once
it is signed by all parties.
Thank you fbr your assistance. If you have any questions, please feel free to contact my
office.
Sincerely,
'CITY OFTARMINGTON HILLS
Encl.
cc: Teri Arbenowske, Economic Development Coordinator
31555 West Eleven Mile Road • Farmington Hills Ml 48336 • 248.871-2410 Phone • 248,871.2411 Fax
ic
4 --- F
- 1
0 Z
March 17, 2010
Michigan Department of State
Office of the Great Seal
108 South Washington Square, Suite 1
Lansing, MI 48918
Dear Office of the Great Seal:
On March 3, 2010 the Board of Commissioners for Oakland County entered into an agreement per MR
#10029 — Department of Economic Development and Community Affairs/Waste Resource Management —
Approval of Oakland County Brownfield Consortium Intenocal Agreement.
As required by Urban Cooperation Act 7 of 1967- rvICL 124.510(4), a copy of the signed agreement with the
City of Farmington Hills, City of Ferndale and the City of Madison Heights and the authorizing Board of
Commissioners Resolution are enclosed for filing by your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Razell, Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center, Building #12 East
1200 N. Telegraph Rd.
Pontiac, MI 48341
Miease include our Miscellaneous Resolution number on the confirmation of receipt letter for filing
purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rczell
Director of Elections
Cc: Corporation Counsel, Oakland County
Economic Development & Community Affairs, Oakland County
City of Farmington Hills
City of Ferndale
City of Madison Heights
Enclosures
ATTACHMENT A
CITY OF FERNDALE
RESOLUTION 2009 371(B)
Moved by Councilwoman Baker supported by Councilwoman Gumbleton, to adopt the following
Resolution:
Karen Blair started her career with the City of Ferndale as a Clerk Typist II on January 6, 2004 and
served exceptionally in that capacity: and
On December 13, 2004, Karen was promoted to Code Enforcement Officer; and
Throughout the five years she worked in Code Enforcement, Karen's quiet, yet firm, manner made
her extremely effective as a Code Enforcement Officer as she was known to work with those in
need and to be firm with those that needed it, not backing down when Court cases were difficult;
and
The City is better without the trash, debris, long grass and weeds, unlicensed vehicles, non-
compliant signs, and dilapidated buildings that would be present without code enforcement; and
The City has benefited from Karen's service and property values were maintained by compiying
with the International Property Maintenance Code, the Ferndale Code of Ordinances, and the
Ferndale Zoning Ordinance; and
Karen has decided to retire to spend tInne with her family, who are always foremost in her thoughts
and her heart.
THEREFORE. BE IT RESOLVED. that we. Ferridale' uffieials, do hereby recognize Code
Enforcement Officer Karen Blair for her dedication and effort on behalf of the City and extend the
City's appreciation for her outstanding service.
AYES: Council Members Gumbleton, Lennon, Baker, Galloway. Mayor Covey
NAYS: None
RESOLUTION ADOPTED
Regular City Council Meeting - November 9, 2009 Page 232
F
CITY COUNCIL MEETING
Monday, November 9, 2009
A Regular Meeting of the Ferndale City Council was held Monday, November 9, 2009 at City Hall,
300 East Nine Mile Road, Ferndale. Mayor Covey called the meeting to order at 730 p.m.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
Present: Mayor Covey, Council Members Baker, Galloway, Gumbleton, Lennon
Absent: None
3. APPROVAL OF AGENDA
369. Moved by Councilman Lennon, seconded by Councilwoman Baker, to approve the
agenda as submitted.
AYES: Council Members Baker, Galloway, Gumbleton, Lennon, Mayor Covey
NAYS: None
MOTION CARRIED
4. PRESENTATION
A. Ferndale Public Schools
Jessica Stilger, Communications Specialist, presented an update on the achievements of the
students and schools and outlined some of the funding challenges facing the district.
5. PUBLIC HEARING
A. Request for transfer of Class C Liquor License & Sunday Sales Permit from Starving Artist
Restaurant, Inc., 212 W. Nine Mile Rd., to Ferndale Mexican, Inc., dibia Diablo's Tex Mex & Sports
Bar, 175 W. Troy St,
Mayor Covey opened the public hearing at 7:37 p.m.
Torn Pearlman, downtown business owner, supported the request and encouraged Council to
approve the transfer.
There being no further comments, Mayor Covey closed the public hearing at7:40 p.m.
Councilwoman Baker and the applicant, Brian Kramer, described the plan for an employee shuttle
service with the intent to leave parking spaces in the downtown available for patrons
370. Wyse by Councilwoman 3aker, secondec by Councilman Galloway, to approve the On
Premises Public Act 501 of 2006 Liquor License (Class C License with Sunday Sales) to transfer
ownership and location of an existing license currently held in escrow by Starving Artist Restaurant,
Inc. at 212 W. Nine Miie Road, as requested by Ferndale Mexican, Inc., clibia Diablo's Tex Mex &
Sports Bar to be located at 175 W. Troy Street, Ferndale, Michigan, which is located in the Ferndale
Downtown Development District, and approved at the above location above all others, and to acopt
the Liquor License Review Committee's findings of fact as set forth in City Manager Bruner's memo
to Council,
AYES: Council Members Galloway, Gumbleton, Lennon, Baker, Mayor Covey
NAYS: None
MOTION CARRIED
Regular City Council Meeting - November 9, 2009 Page 228
Councilwoman Baker left Council Chambers at 7:47 p.m. and returned at 7:50 p.m.
6. CALL TO AUDIENCE
• Julie Glazier, Ferndale Youth Assistance, promoted the upcoming Bowl-a-thon fundraiser and
provided a brief history of the purpose of Youth Assistance.
• Keith Dalton. event producer and conceptual designer of the Assembly Line Concert, noted he
has completed a 13-disc boxed set of the concert and reported it goes on sale Friday, with
proceeds going to local charities.
• Donna Reese, Southeast Coalition, congratulated trio City's licuor establishments because at a
recent compliance check of 20 businesses, only one violation for selling to minors occured.
7. CONSENT AGENDA
371. Moved by Councilwoman Baker, seconded by Councilwoman Gumbleton, to approve the
consent agenda as submitted:
A. Approved the Minutes of the Regular Meeting held October 26, 2009, as submitted.
B. Adopted Resolution of Appreciation for raring Code Enforcement Officer Karen
Blair.
C. Granted approval to fill two full-time budgeted Code Enforcement Officer positions
with contractual employees to be paid out of CDBG grant funds.
D. Approved the U. S. Department of Transportation Motor Carrier Safety
Admin:stration Drug-Free Workplace Policy, which covers 24 hour)/ and three
supervisory DPW employees, and to add said Policy to the Employee Handbook.
E. Approved the proposed Michigan Humane Society 2010 Animal Sheltering
Agreement, and authorized the Mayor and City Clerk to execute the agreement.
F. Approved the Memo of Understanding for the EPA site assessment grant awarded
to the Oakland County Brownfield Coalition.
G. Awarded the demolition contract for 2012 Moorhouse to Cuda Construction in the
amount of $6,275, charged to 101-371-806, authorized the Mayor to sign the
contract, and directed the Assessor/Treasurer to record the costs with the Oakland
County Register of Deeds.
Approved the bills and payrolls as certified by the City Manager to be paid subject to
review by the Council Finance Committee.
AYES: Council Members Gumbleton, Lennon, Baker, Galloway, Mayor Covey
NAYS: None
MOTION CARRIED
Regular City Council Meeting - November 9, 2009 Page 229
8. REGULAR AGENDA
A. Consideration of Holiday Ice Festival Street Closing and Donation of Three 1-Year Parking
Passes
372. Moved by Counciiwornan Baker, seconded by Councilwoman Gumbleton, to approve:
• Hosting the Holiday Ice Festival event on the sidewalks in downtown Ferndale on
December 12th, which will include strolling musicians, Photos with Santa, ice sculpture
carvings. the Warm Hearted Cookie Challenge and displays on sidewalks, and hot
beverages and treats for customers on-street.
• Closing Planavon from Nine Mile to the edge of the alleys on December 12 at 6:30 am
and reopen on December 12 at 11 pm,
• Donating of Three 1-Year Parking Passes.
AYES: Council Members Lennon, Baker, Galloway, Gumbleton, Mayor Covey
NAYS: None
MOTION CARRIED
9. COUNCIL APPOINTEE REPORT- City Clerk
City Clerk Tallman presented a progress report on her 2009 goals and objectives.
10. COUNCIL LIAISON REPORTS
• City Manager Bruner reported that Council Members will begin receiving individual email
updates from various organizations.
• City Manager Bruner reported the 8 Mile Boulevard Association Executive Director has been in
the nospital with the flu.
11. CALL TO COUNCIL
• Recreation Director Hall reported on the upcoming Holiday Show Place event, the progress of
the new youth center the Department is operating after school, plans to create a youth council,
and the status of the Master Plan process.
• Fire Chief Schmidt asked that residents not pan< on leaves because of the danger of vehicle
fires.
• Chief of Police Kitchen acknowledged the successful liquor compliance sting operation,
reported on the recent Auxiliary awards banquet, and congratulated the winners of last week's
election.
• DPW Director Photiades asked that residents not park on leaves because the DPW is in the
process of picking them up,
• Cty Manger Bruner reported bike racks are in the process of being installed downtown.
• Councilwoman Baker asked that Council draft a -esolution, to be directed at lawmakers,
opposing school funding cuts, and offered condolences to Mayor Covey on the loss of his step
mother.
• Councilman Lennon thanked the Police Auxiliary, congratulated Councilman Galloway on the
birth of his son, congratulated the winner's of last week's election and exter 'dud condolences to
the Covey family.
• Councimornan Gurnbleton congratulated everyone involved in the election, offered condolences
to Mayor Covey, and acknowledged Robin and Scott Galloway as new parents.
Regular City Council Meeting - November 9, 2009 Page 230
• Councilman Galloway thanked all involved in the election, including the voters, tnanked
everyone for their well wishes on the birth of his son, Jack Wallace, and extended condolences
to Mayor Covey.
• Mayor Covey congratulated the winners of last week's election, extended -condolences to Kevin
Rogers, owner of Just 4 Us. on the loss of his mother, asked that drivers be safe and watch for
bicyclists and pedestrians, thanked the City for rescheduling the strategic planning sessions,
and announced january 29— February 6 as the dates for the 2010 Ferndale Blues Fest.
12. ADJOURNMENT
There being no objections, Mayor Covey adjourned the meeting at 8:22 p.m.
Craig Covey, Mayor
J. Cherilynn Tallman, City Clerk
Regular City Council Meeting - November 9, 2009 Page 231
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
THE CITY OF FERNDALE, MI
The Oakland County Brownfield Consortium Agreement ("the Agreement") is entered into between the
County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac,
Michigan 48341 ("County"), and the City of Ferndale, a Michigan Municipal Corporation
("Municipality"). In this Agreement the County and the Municipality may also be referred to
individually as "Party" or jointly as "Parties".
PURPOSE OF AGREEMENT. The County and the cities of Farmington Hills, Ferndale, Hazel Park,
Madison Heights. and Pontiac (collectively known as the "Oakland County Brownfield Consortium")
formed a coalition to apply for an Environmental Protect Agency ("EPA") Brownfield Coalition
Assessment Grant. Because the Consortium is not a legal entity and because only one member of the
Consortium could submit the grant application and be the grant recipient, the County submitted the
Brownfield Coalition Assessment Grant on behalf of the members of the Consortium. Brownfield
Assessment grants provide funding for developing inventories of brownfields, prioritizing sites,
conducting community involvement activities, and conducting site assessments and clean-up planning
related to brownfield sites
The County was awarded a one million dollar ($1,000,000.00) Brownfield Coalition Assessment Grant
to be used by the Consortium. On the day of the month of , the
EPA and the County entered into a Cooperative Agreement, Number BF-00E92301-0, with respect to
the one million (1,000,000.00) Brownfield Coalition Assessment Grant.
The 2009 Guidelines for Brownfield Assessment Grants require that the Consortium members execute
an agreement documenting the site selection process, distribution of funds and the mechanisms for
implementing the work to be performed with grant funds.
Therefore, pursuant to the 2009 Guidelines for Brownfield Assessment Grant and pursuant to the Urban
Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the County and the Municipality enter into
this Agreement for the purpose of delineating the relationship and responsibilities between the County
and the Municipality regarding the 2009 Brownfield Coalition Assessment Grant and EPA Cooperative
Agreement Number BF-00E92301 -0.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, within or without quotation marks, or possessive or notipossessive,
shall be defined, read, and interpreted as follows.
1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,
and any other mutually agreed to written and executed modification, amendment, or
addendum.
1.2 Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are
imposed on, incurred by, or asserted against the County or Municipality, as defined herein,
whether such claim is brought in law or equity, tort, contract, or otherwise.
1.3. Cooperative Agreement means the agreement awarded to the County by the Environmental
Protection Agency Number BF-00E92301-0 and attached as Exhibit A to this Agreement,
1.4. County means the County of Oakland, a Constitutional and Municipal Corporation
including, but not limited to, it's Board, any and all of its departments, divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and/or any such person's successors.
1.5. :Ay. means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Municipality means the City of Ferndale, a Michigan Municipal Corporation including, but
not limited to, it's Council. Board, any and all of its departments, its divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such
person's successors.
1.7. Oakland County Brownfield Consortium or Consortium means the coalition formed by
the County and the cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, and
Pontiac for the purposes of applying for and performance of the 2009 Brownfield Coalition
Assessment Grant,
1.8. Project Manazer means the individual designated by the Municipality to participate in the
Consortium and to be the contact person for this Agreement.
2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated
amendments are incorporated and are part of this Agreement.
2.1. Eihibit A — Cooperative Agreement, Number BF-00E92301-0, between the County and the
EPA
3. COUNTY RESPONSIBILITIES.
3.1. The County shall act as the fiscal agent/fiduciary for the Consortium relating only to receipt
and disbursement of grant funds for the 2009 Brownfield Coalition Assessment Grant as
required by the Cooperative Agreement and this Agreement.
3.2. The County shall be responsible for the management of the Cooperative Agreement.
3.3 The County shall comply with all terms and conditions of the Cooperative Agreement and all
applicable statutes and regulations.
3.4. The County shall follow the 2009 Guidelines for Brownfield Assessment Grants.
3.5. The County shall promptly inform all members of the Brownfield Consortium of any
changes to the Cooperative Agreement and how these changes may apply to the
Municipality. The County and EPA may make changes to the Cooperative Agreement
without the approval of the Municipality.
3.6. The County shall provide the Municipality with timely reports regarding the management of
the Cooperative Agreement.
3.7. The County shall have quarterly meetings for the Consortium.
3.8. The Project Manager and the County shall determine the brownfield sites for assessment.
3.9. The County shall select and retain the consultant to perform the assessment of the brownfield
site(s) chosen by the Project Manager and the County. The selection and retention of the
consultant shall include issuing request for proposals or request for qualifications for a
consultant and negotiating and executing a contract with the consultant.
4. MUNICIPALITY RESPONSIBILITIES.
4.1. The Municipality shall comply with all applicable terms and conditions of the Cooperative
Agreement and all applicable statutes and regulations.
4.2. The Municipality shall follow the 2009 Guidelines for Brownfield Assessment Grants.
4.3. The Municipality shall designate an individual and an alternate to act as a Project Manager.
This individual shall act as a liaison between the County and Municipality regarding this
Agreement and shall be responsible for the following: (1) meeting with the County to
determine brownfield sites to be assessed and (2) acting as a liaison with local or community
organizations involved with the application of the Brownfield Coalition Assessment Grant.
The names of these individuals shall be conveyed to the individuals listed in Section 17.1.
5. FINANCIAL RESPONSIBILITIES.
5.1. Any funds awarded to the County under the Cooperative Agreement shall be allocated and
expended only as provided for and permitted by this Agreement, the Cooperative Agreement,
the 2009 Guidelines for Brownfield Assessment Grants, and any applicable statutes or
regulations.
5.2. The Municipality shall be allocated one hundred thousand dollars ($100,000.00) to be used to
assess brownfield sites in its geographic area.
6. DURATION OF THE AGREEMENT.
6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties,
with resolutions passed by the governing bodies of each Party and when the Agreement is
filed according to MCL 124.510.
6.2. This Agreement shall end September 30, 2014, unless terminated pursuant to Section 8 of
this Agreement or amended pursuant to this Agreement.
7, ASSURANCES/LIABILITY
7,1 Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, laws, and requirements applicable to its activities performed under this
Agreement, including but not limited to the Cooperative Agreement and the 2009 Guidelines
for Brownfield Assessment Grants,
7.2. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the
costs associated with those acts, and the defense of those acts. Any costs, fees, or fines
which result from the violation of this Agreement, the Cooperative Agreement, the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, or local
ordinances, regulations, administrative rules, or laws shall be the responsibility of the entity
committing the violation.
7.3. A Party who is non-compliant with this Agreement, the Cooperative Agreement, the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, and local
ordinances, regulations, administrative rules or laws assumes sole risk and liability for its
non-compliance including but not limited to liability for any penalties imposed by the EPA or
other governmental entity or any other fines, fees or costs associated with its non-
compliance.
7.4. To the extent provided by law and in the event there are any costs, fees, fines, or penalties
imposed upon and paid by the County in connection with this Agreement which arise from
the actions of the Municipality, the County has the right to set off that amount against any
amount due to the Municipality from the County, including, but not limited to, distributions
from the Delinquent Tax Revolving Fund (DTRF).
7.5. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Aga-cement and bind the Parties to the terms and conditions
contained herein.
8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or
cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of
termination and/or cancellation shall be clearly stated in the notice if this Agreement is terminated
and/or cancelled. Termination of this Agreement does not release any Party from any obligations
that Party has pursuant to the 2009 Guidelines for Brownfield Assessment Grants, the Cooperative
Agreement or as provided by law. If the Municipality terminates this Agreement, the grant funds
which were allocated to the Municipality, but not yet used shall be reallocated to other members of
the Consortium.
9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants
for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of
any federal, state or local law.
11. PERMTTS AND LICENSE. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to carry out its obligations and duties pursuant to this Agreement.
12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract,
and/or assign any obligations or rights under this Agreement without the prior written consent of the
other Party.
14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement
to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement.
All other terms, conditions, and provisions of this Agreement shall remain in full force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement, Any use of the singular or plural number,
any reference to the male, female, or - neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
express delivery service or personal delivery; or (3) three days after mailing first class or certified
U.S. mail.
17.1 if Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy
to Oakland County Economic Development and Community Affairs, Attention:
Environmental Program Coordinator, 2100 Pontiac Lake Road, Waterford, Michigan ,
48328.
DATE. N9-09
DATE:
17.2 Notice to be sent to the Municipality, addressed to: City Clerk, City of Ferndale, 300 East
Nine Mile Road, Ferndale, MI 48220
17.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
18 GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of
the State of Michigan.
19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and executed by both Parties.
20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the
Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this
Agreement.
EXECUTED: P/ak 6 t),,QZ-4_ 31 DATE: IL
Chairperson
Oak] . C.. t 1 • , . of cdorafiiissionurs / / r
,
WITNESSED:
Clerk/Register of
County of Oakland
EXECUTED:
WITNESSED:
Cit/elerk
Chy of Ferndale
5 MAYOR
CRAIG S. COVEY
CITY COUNCIL
KATE BAKER
T. SCOTT GALLOWAY
TOMIKO GUMBLETON
MICHAEL B. LENNON
ranavaa&B
300 EAST NINE MILE ROAD
FERNDALE, MICHIGAN 48220-1797
.ferneiale-rni.corn
GOOD
NEIGHBORS
November 10, 2009
Mr. Brad Hansen
Environmental Program Coordinator
Oakland County
2100 Pontiac Lake Road
Pontiac, Mi 48341
RE: OCBC Memo of Understanding
Dear Brad:
Please find enclosed three copies of the Memo of Understanding for the EPA OCBC
grant sign by the City of Femdale's mayor. The City appreciates being included in the coalition
grant and the assistance your office will provide to administer the $100,000 funding. Please
process and return the City's two copies of the signed Agreement at your earliest convenience.
If you have any questions or comments, please phone. As always, thank you for your
support
Sincerely,
it
Marsha Scheer, Director
Community Development Services
Enclosures
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ge.• . .. . . . .546 236.0 -71.7xce . . .. . . . . . . F..46.2.3 76- PoIce De::7 ...... „ . . . 5.1. -365C W.Tc... . . , , , , . . . 51.6-2,174
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
HAZEL PARK
The Oakland County Brownfield Consortium Agreement ('the Agreement") is entered into between the
County of Oakland. a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac,
Michigan 48341 ("County"), and the City of Hazel Park, 111 East Nine Mile Road, Hazel Park,
Michigan 48030, a Michigan Municipal Corporation ("Municipality"). In this Agreement the County
and the Municipality may also be referred to individually as "Party" or jointly as "Parties".
PURPOSE OF AGREEMENT. The County and the cities of Farmington Hills, Ferndale, Hazel Park.
Madison Heights, and Pontiac (collectively known as the "Oakland County Brownfield Consortium")
formed a coalition to apply for an Environmental Protect Agency ("EPA") Brownfield Coalition
Assessment Grant. Because the Consortium is not a legal entity and because only one member of the
Consortium could submit the grant application and be the grant recipient, the County submitted the
Brownfield Coalition Assessment Grant on behalf of the members of the Consortium. Brownfield
Assessment grants provide funding for developing inventories of brownfields, prioritizing sites,
conducting community involvement activities, and conducting site assessments and clean-up planning
related to broviinfield sites.
The County was awarded a one million dollar ($1,000,000.00) Brownfield Coalition Assessment Grant
to be used by the Consortium. On November 10, 2009 the EPA and the County entered into a
Cooperative Agreement, Number BF-00E92301-0, with respect to the one million (1,000.000.00)
Brownfield Coalition Assessment Grant.
The 2009 Guidelines for Brownfield Assessment Grants require that the Consortium members execute
an agreement documenting the site selection process, distribution of funds and the mechanisms for
implementing the work to be performed with grant funds.
Therefore. pursuant to the 2009 Guidelines for Brownfield Assessment Grant and pursuant to the Urban
Cooperation Act of 1967, 1967 PA 7, MCL 124.501. et seq., the County and the Municipality enter into
this Agreement for the purpose of' delineating the relationship and responsibilities between the County
and the Municipality regarding the 2009 Brownfield Coalition Assessment Grant and EPA Cooperative
Agreement Number BF-00E92301-0.
In consideration of the mutual promises, obligations, representations. and assurances in this Agreement.
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, within or without quotation marks, or possessive or nonpossessive,
shall be defined, read, and interpreted as follows.
Pagel
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
Aoreement means the terms and conditions of this Agreement. the Exhibits attached hereto,
and any other mutually agreed to written and executed modification, amendment, or
addendum.
1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages. cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are
imposed on, incurred by, or asserted against the County or Municipality, as defined herein,
whether such claim is brought in law or equity, tort, contract, or otherwise.
1.3. Cooperative Agreement means the agreement awarded to the County by the Environmental
Protection Agency Number BF-00E92301-0 and attached as Exhibit A to this Agreement.
1.4. County means the County of Oakland, a Constitutional and Municipal Corporation
including, but not limited to, its Board, any and all of its departments, divisions, elected and
appointed officials, directors, board members, council members, commissioners. authorities,
committees. employees, agents, volunteers, and/or any such persons successors,
1.5.JAI means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Municipality means the City of Hazel Park, a Michigan Municipal Corporation including,
but not limited io, its Council, Board, any and all of its departments. its divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities.
committees, employees, agents. subcontractors, attorneys, volunteers, and/or any such
persons successors.
1.7. Oakland County Brownfield Consortium or Consortium means the coalition formed by
the County and the cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, and
Pontiac for the purposes of applying for and performance of the 2009 Brownfield Coalition
Assessment Grant.
1.8. Project Manager means the individual designated by the Municipality to participate in the
Consortium and to be the contact person for this Agreement.
2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated
amendments are incorporated and are part of this Agreement.
2.1. Exhibit A - Cooperative Agreement, Number BF-00E92301-0. between the County and the
EPA
3. COUNTY RESPONSIBILITIES.
3.1. The County shall act as the fiscal agentitiduciary for the Consortium relating only to receipt
and disbursement of grant funds for the 2009 Brownfield Coalition Assessment G.-ant as
required by the Cooperative Agreement and this Agreement.
3.2. The County shall be responsible for the management of the Cooperative Agreement.
Page 2
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
1,1,
3,3. The County shall comply with all terms and conditions of the Cooperative Agreement and all
applicable statutes and regulations.
3,4. The County shall follow the 2009 Guidelines for Brownfield Assessment Grants,
3.5, The County shall promptly inform all members of the Brownfield Consortium of any
changes to the Cooperative Agreement and how these changes may apply to the
Municipality. The County and EPA may make changes to the Cooperative Agreement
without the approval of the Municipality.
3.6. The County shall provide the Municipality with timely reports regarding the management of
the Cooperative Agreement.
3,7. The County shall have quarterly meetings for the Consortium.
18, The Project Manager and the County shall determine the brownfield sites for assessment.
19. The County shall select and retain the consultant to perform the assessment of the brownfield
site(s) chosen by the Project Manager and the County. The selection and retention of the
consultant shall include issuing request for proposals or request for qualifications for a
consultant and negotiating and executing a contract with the consultant.
4. MUNICIPAUTY RESPONSIBILITIES.
4.1, The Municipality shall comply with all applicable terms and conditions of the Cooperative
Agreement and all applicable statutes and regulations.
4.2. The Municipality shall follow the 2009 Guidelines for Brownfield Assessment Grants.
4.3. The Municipality shall designate an individual and an alternate to act as a Project Manager.
This individual shall act as a liaison between the County and Municipality regarding this
Agreement and shall be responsible for the following: (1) meeting with the County to
determine broi,vnfield sites to be assessed and (2) acting as a liaison with local or community
organizations involved with the application of the Brownfield Coalition Assessment Grant
The names of these individuals shall be conveyed to the individuals listed in Section 17.1.
5. FINANCIAL RESPONSIBILITIES.
5.1. Any funds awarded to the County under the Cooperative Agreement shall be allocated and
expended only as provided for and permitted by this Agreement. the Cooperative Agreement.
the 2009 Guidelines for Brownfield Assessment Grants, and any applicable statutes or
regulations.
5.2. The Municipality shall be allocated one hundred thousand dollars ($100,000.00) to be used to
assess brownfield sites in its geographic area,
Page 3
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
6. DURATION OF THE AGREEMENT.
6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties,
with resolutions passed by the governing bodies of each Party and when the Agreement is
filed according to MCL 124.510,
6.2. This Agreement shall end September 30, 2014, unless terminated pursuant to Section 8 of
this Agreement or amended pursuant to this Agreement.
7_ ASSURANCES/LIABILITY.
7.1. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, laws, and requirements applicable to its activities performed under this
Agreement, including but not limited to the Cooperative Agreement and the 2009 Guidelines
for Brownfield Assessment Grants.
7.2, Each Party shall be responsible for its own acts and the acts of its employees, and agents. the
costs associated with those acts, and the defense of those acts. Any costs, fees, or fines
which result from the violation of this Agreement, the Cooperative Agreement, the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, or local
ordinances, regulations, administrative rules, or laws shall be the responsibility of the entity
committing the violation.
7.3. A Party who is non-compliant with this Agreement, the Cooperative Agreement. the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, and local
ordinances, regulations, aciministative rules or laws assumes sole risk and liability for its
non-compliance including but not limited to liability for any penalties imposed by the EPA or
other governmental entity or any other fines, fees or costs associated with its non-
compliance.
7,4, To the extent provided by law and in the event there are any costs, fees, fines, or penalties
imposed upon and paid by the County in connection with this Agreement which arise from
the actions of the Municipality, the County has the right to set off that amount against any
amount due to the Municipality from the County, including, but not limited to, distributions
from the Delinquent Tax Revolving Fund (DTRI).
7.5, The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this .Agreement and bind the Parties to the terms and conditions
contained herein.
8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or
cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of
termination andior cancellation shall be clearly stated in the notice if this Agreement is terminated
and/or cancelled. Termination of this Agreement does not release any Party from any obligations
that Party has pursuant to the 2009 Guidelines for Brownfield Assessment Grants, the Cooperative
Agreement or as provided by law. If the Municipality terminates this Agreement. the grant funds
Page 4
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
which were allocated to the Municipality, but not yet used shall be reallocated to other members of
the Consortium.
9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty. promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants
for employment, or another persons or entities with respect to hire, tenure, terms. conditions, and
privileges of' employment, or any matter directly or indirectly related to employment in violation of
any federal, state or local law.
11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to carry out its obligations and duties pursuant to this Agreement.
12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate„ or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract,
and/or assign any obligations or rights under this Agreement without the prior written consent of the
other Party.
14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition. or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
15. SEVERABILITY, if a court of competent jurisdiction finds a term, or condition. of this Agreement
to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement.
All other terms, conditions, and provisions of this Agreement shall remain in full force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions. and indexes shall not be
interpreted or be considered as part of this Agreement. Ala), use of the singular or plural number,
any reference to the male. female, or neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession us the context requires.
17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid.
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
Page 5
OAKLAND COUNTY BRONVNFIELD CONSORTIUM AGREEMENT — FINAL
WITNESSED:
express delivery service or personal delivery: or (3) three days after mailing first class or certified
mai:,
17.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy
to Oakland County Economic Development and Community Affairs, Attention:
Environmental Program Coordinator, 2100 Pontiac Lake Road, Waterford. Michigan, 48328.
17.2. If Notice is sent to thc Municipality, it shall be addressed to: City of Hazel Park, Economic
Development Department, 111 East Nine Mile Road, Hazel Park, Michigan 48030.
17.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
18. GOVERNING LAW. This Agreement shall be governed, intapreted, and enforced by the laws of
the State of Michigan.
19. AGREEMENT MODIFICATIONS Okt AMrNDMENT5. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and executed by both Parties,
20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Comntssioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the
Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this
Agreement.
EXECUTED: b/t...-ti L hL. L • DATE:
Chairperson
C41knd County Board of Commissioners
C • (-7
gist
Oakland ir r LimirA
yie..e.„Frauk-
eViarar ,r.1116r EXECUT
/1);\
f Deeds
WITNESSE DATE:
Clerk, City of Hazel Park
Page 6
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
CITY OF HAZEL PARK
CITY COUNCIL MEETING
November 10, 2009
The City Council Meeting of the City of Hazel Park was held Tuesday, November 10, 2009
at City Council Chambers, 111 E. Nine Mlle Road, Hazel Park. Mayor Lloyd called the
meeting to order at 7:00 p.m.
Present Mayor Lloyd, Councilman Webb, Councilwoman Parisi, Counciimari
Keeton, Councilman LeCureaux
Absent:
-
Also Present: City Manager Ed Klobucher, City Attorney Arnold Shifman, Assistant City
Mmager/City Clerk Sharon Pinch
CONSENT AGENDA
1. City Council Meeting Minutes, 10/13/09, 10/20/09 & 10/30/09
2. Hazel Park Memorial Library Board Minutes, 10122109
3. Oakland County Brownfield Consortium Agreement
4. Business License Approval — 1079 E. Nine Mile — House of Chicken 8, Ribs
5. Business License Approval — 1504 E. Nine Mile — C M Woodworking
B. Business License Approval 400 W. Nine Mile — View Tech Repair inc.
7. Pending New Business Licenses
B. Invoice Approval List
9. Resolution, Other Cities (receive and file)
10 Renewal of Michigan Municipal Risk Management Membership
CO-11-681-00 Approval of Consent Agenda as presented. Motion by Parisi, seconded
by Webb to approve the Consent Agenda as presented. Motion carried,
I, Sharon Pinch, City Clerk of the City of Hazel Park, do hereby certify that the
foregoing is a true copy of the approved portion of City Council Meeting held on
Tuesday, November 10, 2009,
Sharon Pinch, City Clerk
The following is an excerpt from the minutes of a Regular Meeting of the
Madison Heights City Council of the City of Madison Heights, Oakland
County, Michigan held on November 9, 2009, at 7:30 p.m. Eastern Time in
the Municipal Building in said City.
Present:
Absent:
Mayor Swanson, Mayor Pro Tern Hartwell, Councilmembers
Clark, Corbett, Geralds, Gettings, and Scott.
None.
341. Oakland County Brownfield Redevelopment Authority Consortium
Aiseement.
Motion by Councilman Clark, seconded by Councilman Corbett, to approve
the Oakland County Brownfield Redevelopment Authority Consortium
Agreement between Oakland County and the members of the Brownfield
Consortium, which includes the cities of Madison Heights, Ferndale, Hazel
Park, Farmington Hills and Pontiac; and to authorize the Mayor and City
Clerk to sign the Agreement on behalf of the City.
Yeas: Swanson, Clark, Corbett, GeraIds, Gettings, Hartwell, Scott
Nays: None
CERTIFICATION:
I, the duly authorized City Clerk of the City of Madison Heights do hereby
certify that the foregoing is a true and correct copy of a resolution adopted by
the Madison Heights City Council on November 9, 2009.
Marilyn
City Cler
1
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT
BETWEEN
OAKLAND COUNTY
AND THE
CITY OF MADISON HEIGHTS
The Oakland County Brownfield Consortium Agreement ("the Agreement") is entered into between the
County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac,
Michigan 48341 ("County"), and the City of Madison Heights, 300 W. 13 Mile Road, Madison
Heights, MI 48071, a Michigan Municipal Corporation ("Municipality"). In this Agreement the County
and the Municipality may also be referred to individually as "Party" or jointly as "Parties".
PURPOSE OF AGREEMENT. The County and the cities of Farmington Hills, Ferndale, Hazel Park,
Madison Heights, and Pontiac (collectively known as the "Oakland County Brownfield Consortium")
formed a coalition to apply for an Environmental Protect Agency ("EPA") Brownfield Coalition
Assessment Grant. Because the Consortium is not a legal entity and because only one member of the
Consortium could submit the grant application and be the grant recipient, the County submitted the
Brownfield Coalition Assessment Grant on behalf of the members of the Consortium. Brownfield
Assessment grants provide funding for developing inventories of brownfields, prioritizing sites,
conducting community involvement activities, and conducting site assessments and clean-up planning
related to brownfield sites.
The County was awarded a one million dollar ($1,000,000.00) Brownfield Coalition Assessment Grant
to be used by the Consortium. On (insert date) the EPA and the County entered into a Cooperative
Agreement, Number BF-00E92301-0, with respect to the one million (1,000,000.00) Brownfield
Coalition Assessment Grant.
The 2009 Guidelines for Brownfield Assessment Grants require that the Consortium members execute
an agreement documenting the site selection process, distribution of funds and the mechanisms for
implementing the work to be performed with grant funds.
Therefore, pursuant to the 2009 Guidelines for Brownfield Assessment Grant and pursuant to the Urban
Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the County and the Municipality enter into
this Agreement for the purpose of delineating the relationship and responsibilities between the County
and the Municipality regarding the 2009 Brownfield Coalition Assessment Grant and EPA Cooperative
Agreement Number BF-00E92301-0.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether
used in the singular or plural, within or without quotation marks, or possessive or nonpossessive,
shall be defined, read. and interpreted as follows.
Page]
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,
and any other mutually agreed to written and executed modification, amendment, or
addendum.
1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are
imposed on, incurred by, or asserted against the County or Municipality, as defined herein,
whether such claim is brought in law or equity, tort, contract, or otherwise.
1.3. Cooperative AEreemeut means the agreement awarded to the County by the Environmental
Protection Agency Number BF-00E92301-0 and attached as Exhibit A to this Agreement_
1.4. County means the County of Oakland, a Constitutional and Municipal Corporation
including, but not limited to, its Board, any and all of its departments, divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, volunteers, and/or any such persons successors.
1.5. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Municivality means the City of Madison Heights, a Michigan Municipal Corporation
including, but not limited to, its Council, Board, any and all of its departments, its divisions,
elected and appointed officials, directors, board members, council members, commissioners,
authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any
such persons successors.
1.7. Oakland County Brownfield Consortium or Consortium means the coalition formed by
the County and the cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, and
Pontiac for the purposes of applying for and performance of the 2009 Brownfield Coalition
Assessment Grant.
1.8, Project Manager means the individual designated by the Municipality to participate in the
Consortium and to be the contact person for this Agreement.
2. AGREEMENT EXIIIBITS. The Exhibits listed below and their properly promulgated
amendments are incorporated and are part of this Agreement.
2.1. Exhibit A — Cooperative Agreement, Number BF-00E92301-0, between the County and the
EPA
3, COUNTY RESPONSIBILITIES.
3.1_ The County shall act as the fiscal agent/fiduciary for the Consortium relating only to receipt
and disbursement of grant funds for the 2009 Brownfield Coalition Assessment Grant as
required by the Cooperative Agreement and this Agreement.
3.2. The County shall be responsible for the management of the Cooperative Agreement.
Page 2
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
3.3. The County shall comply with all terms and conditions of the Cooperative Agreement and all
applicable statutes and regulations.
3.4. The County shall follow the 2009 Guidelines for Brownfield Assessment Grants.
3.5. The County shall promptly inform all members of the Brownfield Consortium of any
changes to the Cooperative Agreement and how these changes may apply to the
Municipality. The County and EPA may make changes to the Cooperative Agreement
without the approval of the Municipality.
3.6. The County shall provide the Municipality with timely reports regarding the management of
the Cooperative Agreement.
3.7. The County shall have quarterly meetings for the Consortium.
3.8. The Project Manager and the County shall determine the brown field sites for assessment.
3.9. The County shall select and retain the consultant to perform the assessment of the brownfleld
site(s) chosen by the Project Manager and the County. The selection and retention of the
consultant shall include issuing request for proposals or request for qualifications for a
consultant and negotiating and executing a contract with the consultant.
4, MUNICIPALITY RESPONSIBILITIES.
4.1. The Municipality shall comply with all applicable terms and conditions of the Cooperative
Agreement and all applicable statutes and regulations.
4.2. The Municipality shall follow the 2009 Guidelines for Brownfield Assessment Grants.
4.3. The Municipality shalt designate an individual and an alternate to act as a Project Manager.
This individual shall act as a liaison between the County and Municipality regarding this
Agreement and shall be responsible for the following: (I) meeting with the County to
determine brownfield sites to be assessed and (2) acting as a liaison with local or community
organizations involved with the application of the Brownfield Coalition Assessment Grant.
The names of these individuals shall be conveyed to the individuals listed in Section 17.1.
5. FINANCIAL RESPONSIBILITIES.
5.1. Any funds awarded to the County under the Cooperative Agreement shall be allocated and
expended only as provided for and permitted by this Agreement, the Cooperative Agreement,
the 2009 Guidelines for Brownfield Assessment Grants, and any applicable statutes or
regulations.
5.2. The Municipality shall be allocated one hundred thousand dollars ($100,000.00) to he used to
assess brownfield sites in its geographic area.
Page 3
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
6. DURATION OF THE AGREEMENT.
6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties,
with resolutions passed by the governing bodies of each Party and when the Agreement is
filed according to MCL 124.510.
6.2. This Agreement shall end September 30, 2014, unless terminated pursuant to Section 8 of
this Agreement or amended pursuant to this Agreement.
7. ASSURANCES/LIABILITY.
7.1. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, laws, and requirements applicable to its activities performed under this
Agreement, including but not limited to the Cooperative Agreement and the 2009 Guidelines
tor Brownfield Assessment Grants.
7.2. Each Party shall be responsible for its own acts and the acts of its employees, and agents. the
costs associated with those acts, and the defense of those acts. Any costs, fees, or fines
which result from the violation of this Agreement, the Cooperative Agreement, the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, or local
ordinances, regulations. administrative rules, or laws shall be the responsibility of the entity
committing the violation.
7.3. A Party who is non-compliant with this Agreement, the Cooperative Agreement. the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, and local
ordinances, regulations, administrative rules or laws assumes sole risk and liability for its
non-compliance including but not limited to liability for any penalties imposed by the EPA or
other governmental entity or any other fines, fees or costs associated with its non-
compliance.
7.4. To the extent provided by law and in the event there are any costs, fees, fines, or penalties
imposed upon and paid by the County in connection with this Agreement which arise from
the actions of the Municipality, the County has the right to set off that amount against any
amount due to the Municipality from the County, including, but not limited to, distributions
from the Delinquent Tax Revolving Fund (DTRF).
7.5_ The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained herein.
8. ISRMINATIONABLCANCELLATION OF AGREEMT,NT. Either Party may terminate and/or
cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of
termination and/or cancellation shall be clearly stated in the notice if this Agreement is terminated
andfor cancelled. Termination of this Agreement does not release any Party from any obligations
that Party has pursuant to the 2009 Guidelines for Brownfield Assessment Grants, the Cooperative
Agreement or as provided by law. If the Municipality terminates this Agreement, the grant funds
Page 4
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
which were allocated to the Municipality, but not yet used shall be reallocated to other members of
the Consortium.
9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants
for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of
any federal, state or local law,
11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to carry out its obligations and duties pursuant to this Agreement.
12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties.
33. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract,
and/or assign any obligations or rights under this Agreement without the prior written consent of the
other Party.
14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term. condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
15. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement
to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement.
All other terms, conditions, and provisions of this Agreement shall remain in full force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shail not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural number,
any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
Page 5
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
WITNESSED:
Clerk/Register of Déeds
County o akland
.2 -2 EXECUTED---- „do,
Clak!aryl Ciounploard of Cie sioners
.---
Mayor
City of Madison Heights
WITNESSED:
Clerk
City of Madiso
express delivery service or personal delivery; or (3) three days after mailing first class or certified
U.S. mail.
17.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy
to Oakland County Economic Development and Community Affairs, Attention:
Environmental Program Coordinator, 2100 Pontiac Lake Road, Waterford, Michigan, 48328.
1 7.2. If Notice is sent to the Municipality, it shall be addressed to: Linda Williams, Economic
Development Coordinator, City of Madison Heights, 300 W. 13 Mile Road, Madison
Heights, MI 48071.
17.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
18. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of
the State of Michigan.
19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and executed by both Parties.
20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the
Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this
Agreement.
EXECUTED: 13,a12- DATE: 1 k
r..11 • Chairperson
Page 6
DATE:
DATE: 77/11 - L'T
DATE:
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
EXHIBIT A
BF - 00E92301 -o Pace 1
ASSISTANCE ID NO.
#tteD st4tt U.S. ENVIRONMENTAL PRG f DOC 10 'AMENDS DATE OF AWARD
BF - 00E92301- 0 09/30/200e PROTECTION AGENCY zra 1 TYPE OF ACTION MAILING DATE
New 19107/2009
-, Cooperative Agreement . PAYMENT METHOD: ACHe
'IL PROW" ASAP 50272
RECIPIENT TYPE: Send Payment Request to:
Cainty Las Vegas Finance Center
RECIPIENT: PAYEE:
Oakland County Michigan , Oakland County
2100 Pontiac Lake 2100 Pontiac Lake
Building 41 West Building 41 West
Waterford. MI 48328 Waterford. MI 48328
EINI: 304004876
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Brad Hansen Matthew Dither Marco Santos
2100 Pontiac Lake 77 West Jackson Blvd. SE-7J Assistance Section, MC-10.1
Building 41 West Chicago, IL 80604-3507 E-Mail: Santes.MarcoeePa.9oY
Waterford, MI 48328 E•Meif: DidierMatthew zi epa.gov Phone: 312-353-3490
E-Mail hansenb@oakgov.com Mane: 312-353-2112
Mope: 248-858-8073
PROJECT TITLE AND DESCRIPTION
Brownrields HazardousJPetroleurn Substances Assessment Cooperative Agreement
This award provides. funding tc Oakland County, Michigan to be used to conduct correnunity-wide assessments at ootential brownfieid sites contaminated with
petroleum and riazardous substances. The want recipient will conduct Phase land Phase ll assessments at selected saes . Funds will also be used for public
outreach and community involvementieublic participation processes.
BUDGET PERIOD '' • - PROJECT PERIOD I TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
-0101/2009 - 09,3012012 0,01/2009 - 09/30/2012 I 51,000.000_00 $1,000.000.00
NOTICE OF AWARD
Based on your application dated 06f30/2009, including all modifications and amendments. the United States acting by and through the US Environmental
Protection Agency (EPA:, tereby awards $1.000.000. EPA agrees to cost-share Mfg% of all approved budget period costs incurred, up to and not
exceeding total federal funding of Si .000.DO0 Such award may be temninated by EPA without farther cause if the recipient fails to provide timely affirmation of
the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21
days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions The applicable
regulatory provisions are 40 CFR Chapter 1, Subellapter B. and all terms and conditions of this agreement and any attachments
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION! ADDRESS ORGANIZATION! ADDRESS
U.S. EPA Region 5 U.S, EPA, Region 6
Mee Code MCG10J Superrunci Division
77 West Jackson Blvd. 77 West Jackson Blvd., S-6J
Chicago. IL 60604-3507 Chicago. IL 60604-3507
THE UNITED STATES OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE
Dilate' signature applied by EPA Award Official Cyncty Colantoni, Acting Assistant Regional Admhistrator for Resources 09,30/2009
Management
AFFIRMATION OF AWARD
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE TYPED NAME AND TITLE DATE
Daniel Hunter. Manager, Panning and Economic Development
EPA Funding information BF - 00E92301 - 0 Page 2
- FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 1.000.000 $1,000,000
EPA in-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $ 0
_.
Other Federal Funds $ $ $ 0
Recipient Contribution $ S $ 0
,
State Contribution $ $ 04
—_
Local Contribution $ $ $ 0
Other Contribution $ $ $ 0
Allowable Project Cost $ 0 $ 1.000,000 $ 1.000.000 1
Assistance Program (CFDA) ° SterulixY AUthority Regulatory AlAncrity -
66.81a - BrownSelds Assessment and Cleamp CERCLA: Sec 101(39 43 CFR PART 31
Cooperate Aweements CERCLA: Sec,- 1 04(02) _ _
,
I Fiscal
Site Name Reg No FY Ammo. Budget PRC Object Site/Project Cost Obligation .I
Code Organization Class Organizaeon Deobligadon
OAKLAND 0905STX104 09 E4- 05F3A0 402D79E 4114 E5EYNY00 703.050
OAKLAND 0905STX104 09 E4 05F3AG 402079EBP 4114 F5EYORDO 296,950
'
I
,
. . I 1.000.000
BF - 00E92301 0 Page 3
Budaet Summary Pane: Eiudaet Breal(COwn _ ..,
Table A - Object Class Category Total Approved Allowable ..
{Non-construction) Budget Period Cost
1. Personnel 50
2. Fringe Benefits $0
3. Travel $5000
4, Equipment $0
5. Supplies $1.000
6. Contractual 5994.000'
T. Construction $0
,8. Other $0
9. Total Direct Charges 51 000.0004
10. Indirect Costs: % Base Sc)
11. Total (Share: Recipient 0 00 % Federal iQQ %.) 51.000,000
12. Total Approved Assistance Amount $1,000,000
13, Program Income $O
la, Total EPA Amount Awarded This Action $1.000,000
15, Total EPA Amount Awarded To Date 51 000,000
BF - 00E92301 -0 Page 4
Administrative Conditions
1. CONSULTANT CAP
Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to individual
consultants retained by recipients or by a recipients contractors or subcontractors shall be limited to the
maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually.
This limit applies to consultation services of designated individuals with specialized skills who are paid at a
daily or hourly rate. As of January 1, 2009, the limit is $587.20 per day and S73.40 per hour. This rate
does not include transportation and subsistence costs for travel performed (the recipient will pay these in
accordance with their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provided the
recipient with responsibility for the selection, direction, and control of the individuals who will be providing
services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b).
2. COPYRIGHTED MATERIAL
In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30,36 for other
recipients. EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or
other data developed under this assistance agreement for Federal purposes.
Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal
employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for
the Government; (3) Publication in EPA documents provided the document does not disclose trade
secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or
otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and
local governments that carry out delegated Federal environmental programs as "co-regulators" or act as
official partners with EPA to carry out a national environmental program within their jurisdiction and; (6)
Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of
EPA's authorization to the other grantee to use the copyrighted works or other data.
Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the
copyrighted works or other data developed under this grant as a result of:
a. the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted
works or other data or;
b. term :nation or expiration of this agreement.
In addition. EPA may authorize another grantee to use copyrighted works or other data developed with
Agency funds provided under this grant to perform another grant when such use promotes efficient and
effective use of Federal grant funds.
3. DRUG-FREE WORKPLACE CERTIFICATION
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 -
36.230. Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awarcs, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR
36.300.
The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at
htto://www.access.gpo.govinara/cfr/waisidx 06/40cfr36 06.html.
4. FEDERAL CASH TRANSACTION REPORT
The SF272 report is due within 15 working days following December 31 of any given calendar year. This
form must be submitted to: U.S. EPA, LVFC, P.O. Box 98515, Las Vegas, NV 89193-8815. For more
information contact: Richard Sherburne, LVFC at 702-798-2494.
5. HOTEL-MOTEL FIRE SAFETY
Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space
for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds
complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as
amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs goviapplicationsihoteli to see if a property is in compliance (FEMA ID is currently not
required), or to find other information about the Act.
a. LOBBYING AND LITIGATION - ALL RECIPIENTS
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular (A-21. A-87, or A-122), which prohibits the use of federal grant funds for litigation against the
United States or for lobbying or other political activities.
7. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable The term "management fees or similar charges" refers to expenses added to the direct costs in
order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other
similar costs which are not allowable under this assistance agreement. Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the
extent authorized as a direct cost of carrying out the scope of work.
8, MULTI-YEAR GRANT INTERIM FINANCIAL STATUS REPORTS
An interim Financial Status Report — also called the SF269 - must be submitted annually within 90 days
following the end of each 12-month period. All interim FSRs must be submitted to the EPA Grants
Specialist as identified on page one of this Assistance Agreement.
9. RECYCLED PAPER - PART 31 RECIPIENTS - STATE, TRIBES & LOCAL GOVERNMENTS
In accordance with the polices set forth in EPA Order 1000.25 arid Executive Order 13423. Strengthening
Federal Environmental Energy and Transportation Management (January 24, 2007), the recipient agrees
to use recycled paper and double sided printing for all reports which are prepared as a part of this
agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied
by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General
Services Administration.
10. RECYCLED PRODUCTS - STATE AGENCIES AND POLITICAL SUBDIVISIONS
Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds
shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery
Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of
an item where the purchase price exceeds $10.000 or where the quantity of such items acquired in the
course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be
given in procurement programs to the purchase of specific products containing recycled materials
identified in guidelines developed by EPA These guidelines are listed in 40 CFR 247.
11. REIMBURSEMENT LIMITATION
If the recipient expends more than the amount of federal funding in its EPA approved budget in
anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated
to reimburse the recipient for costs incurred in excess of the EPA approved budget.
12. SINGLE AUDIT ANNUAL REPORTING REQUIREMENT
In accordance with OMB Circular A-133, which implements the single Audit Act, the recipient hereby
agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total Federal
funds in any scal year. Wthin nine months after the end of a recipient's fiscal year or 30 days after
receiving the report from the auditor, the recipient shall submit a copy of the SF-SAC and a Single Audit
Report Package. For fiscal periods 2002 to 2007 recipients are to submit hardcopy to the following
address:
Federal Audit Clearinghouse
1201 East 10
Jeffersonville, IN 47132
For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF-SAC and a Single
Audit Report Package, using the Feder& Audit Clearinghouse's Internet Data Entry System. Complete
information on how to accomplish the 2008 and beyond Single Audit Submissions you will need to visit the
Federal Audit Clearinghouse Web site http./thantester.census.00vifaci
13. SUBAWARDS
a. The recipient agrees to
(1) Establish all subaward agreements in writing;
(2) Maintain primary responsibility for ensuring successful completion of the EPA-approved project
(this responsibility cannot be delegated or transferred to a subrecipient):
(3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular
A-133 and are not used to acquire commercial goods or services for the recipient: -
(4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subeward
costs are necessary, reasonable, and allocable;
(5) Ensure that any subawards to 501(0)(4) organizations do not involve lobbying activities,
(6) Monitor the performance of their recipients and ensure that they comply with all applicable
regulations. statutes. and terms and conditions which flow down in the subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or international organization. or a
subaward to be performed in a foreign country: and
(8) Obtain approval from EPA for any new subaward work that is not outlined in the approved work
plan in accordance with 40 CFR Parts 30,25 and 31.30, as applicable.
b. Any questions about subrecipient efigibility or other issues pertaining to subawards should be
addressed to the recipient's EPA Project Officer. Additional information regarding subawards may be
found at http://www.epagovfoqcliquideisubaward-policy-part-2.pdf. Guidance for distinguishing
between vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d) of
OMB Circular A-133 can be found at http://www ,epadovioodiduideisubawards-appendix-b.pdf and
http://www.whitehouse.goviomb/circulars/a133./a133.html
c. The recipient is responsible for selecting its subrecipients and, if applicable. for conducting subaward
competitions.
14. SUSPENSION & DEBARMENT: 2 CFR PART 1532
Recipient shall fully comply with Subpart C of 2 CFR Pert 180 and 2 CFR Part 1532, entitled
"Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient
is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part
180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring
compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or
condition in any subsequent lower tier coverer! transactions. Recipient acknowledges that failing to
disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipient may access the Excluded Parties List System at www,eolsmov. This term and condition
supersedes EPA Form 5700-49, 'Certification Regarding Debarment, Suspension, and Other
Responsibility Matters."
15. TRAFFICKING VICTIMS OF 2000 - PART 31 RECIPIENTS
To implement requirements of Section 105 of the Trafficking Victims Protection Act of 2000, as amended.
the following provisions apply to this award:
a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty. if a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Statement below
through conduct that is either: (a) associated with performance under this award: or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, ''OMB Guidelines to Agencies on Govemmentwide
Debarment and Suspension (Nonprocurernent)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)),
and (2) is in aodition to all other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award. and
subrecipients• employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is in
effect; or use forced labor in the performance of the award or subawards under the award.
16. UNLIQUIDATED OBLIGATIONS TERM AND CONDITION: PART 31
Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a final Financial Status Report -
also called the SF269 - to EPA's Las Vegas Finance Center (LVFC), within ninety (90) days after the
expiration of the budget period end date. Completed SF269s must be faxed to 702-798-2423 or mailed to
the following address:. USEPA LVFC, P.O. Box 98515, Las Vegas, NV 89193-8515. The LVFC will make
adjustments. as necessary, to obligated funds after reviewing and accepting a final Financial Status
Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for
the closeout of the assistance agreement.
EPA may take enforcement actions in accordance with 40 CFR 31 43 if the recipient does not comply with
this term and condition.
17. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority
and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR,
Part 33,
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart
A recipient must negotiate with tne appropriate EPA award official, or his/tier des gnee. air share
objectives for MBE and WBE (MBE/VVBE) participation in procurement under the financial assistance
agreements.
Accepting the Fair Share Oblectives/Goals of Another Recipient
The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of ail of
the recipient's non-TAG assistance agreements from EPA in the current fiscal year is $250,000, or mom.
The Michigan Department of Environmental Quality has negotiated the following, applicable MBE/WBE
fair share objectives/goals with EPA as follows:
Combined Rate . MBE-3% WBE-S%
Negotiating Fair Share Objectives/Goale, 40 CFR, Section 33.404
If the recipient has not yet negotiated its MBEANBE fair share objectives/goals, the recipient
agrees to submit proposed MBENVBE objectives/goals based on an availability analysis, or disparity
study, of quallfied MBEs and WBEs in their relevant geographic buying market for construction, services,
supplies and equipment.
The recipient agrees to submit proposed fair share objectives/goals, together with the supporting
availability anaiysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its
acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals
wtthin 30 days of receiving the submission. If proposed fair share objective/goals are not received within
the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed
fair share objective/goals are submitted.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records
documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through
outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this w;11
include placing DBEs on solicitation lists and soliciting them whenever they are potential sources
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules. where the requirements permit, in a way that encourages and
facilitates participation by DBEs in the competitive process. This includes, whenever passible, posting
solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing
oate.
(c) Consider in the contracting process whether firms competing for large contracts could subcontract with
OBEs For Indian Tribal. State and local Government recipients, this will include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation
by DBEs in the competitive process,
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to
handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency of the
Department of Commerce
(f) If the prime contractor awards subcontracts, require the prime contractor tu take the steps in
paragraphs (a) through (e) of this section
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33-503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBEWBE Utilization Under Federal
Grants. Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year
reporting period the recipient receives the award, and continuing until the project is completed. Only
procurements with certified MBE1WBEs are counted toward a recipient's MBE/WBE
accomplishments. The reports must be submitted semiannually for the periods ending March 31" and
September 30'*' for:
Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF, OWSRF,
Brownfields): and
All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A and
Subpart B recipients are annual reporters).
The reports are due within 30 days of the end of the semiannual reporting periods (April 30 Th and
October 30Th), Reports should be sent to
Adrienne M. Callahan, Region 5 MBE/WBE Coordinator
US EPA—Acquisition and Assistance Branch
77 West Jackson Boulevard, MC-10J
Chicago, IL 60604
Final MBENVBE reports must be submitted within 90 days after the project period of the grant
ends, Your grant cannot be officially closed without all MBE/WBE reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on
the Internet at www.eoa.qovfosbo •
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
BIDDERS UST, 40 CFR, Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the
recipient of the loan is subject to, or chooses to foliow, competitive bidding requirements. Please see 40
CFR, Section 33.501 (b) and ic`, for specific requirements and exemptions.
Programmatic Conditions
1. ENVIRONMENTAL RESULTS - RECIPIENT PERFORMANCE REPORTING
Recipients subject to 40 C.F.R. Part 31 (other than recipients of State or Tribal Program grants
under 40 C.F.R. Parts 35 Subparts A or B)
Performance Reports:
1.
in accordance with 40 C.F R. §31.40, the recipient agrees to submit performance reports that include brief
information on each of the following areas: 1) a comparison of actual accomplishments to the
outputs/outcomes established in the assistance agreement workplan for the period: 2) the reasons for
slippage if established outputs/outcomes were not met; and 3) additional pertinent information, including,
when appropriate, analysis and information of cost overruns or high wit costs.
In accordance with 40 C.F.R. § 31 40 (d), the recipient agrees to inform EPA as soon as problems, delays
or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes
spec:fied in the assistance agreement work plan.
2. NATIONAL HISTORIC PRESERVATION ACT
Prior to conducting or engaging in any on-site activity with the potential to impact historic properties (such
as invasive sampling or cleanup), the graetee shall consult with EPA regarding potential applicability of the
National Historic Preservation Act and, if applicable shall assist EPA in complying with any requirements
of the Act and implementing regulations.
Brownfields Assessment Grant Terms and Conditions
I. GENERAL FEDERAL REQUIREMENTS
NOTE: For the purposes of these Terms and Conditions the term "assessment' includes, eligible
activities under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) 104(k)(2)(A)(i) such as activities Involving the Inventory, characterization, assessment,
and planning relating to brown field sites as described in the EPA approved work plan.
A. Federal Policy and Guidance
a, Cooperative Aareement Recipients: In implementing this agreement, the cooperative
agreement recipient (CAR) shall insure that work done with cooperative agreement funds
complies with the requirements of tne Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that
assessment activities supported with cooperative agreement funding comply with all
applicable Federal and State laws and regulations. By awarding this cooperative
agreement, EPA has approved the proposal the Cooperative Agreement Recipient
submitted in the Fiscal Year 2009 competition for Brownfields assessment cooperative
agreements. However. the CAR may not expend (draw down -) funds to carry out this
agreement until EPA's award official approves the final work plan.
b. CERCLA 104(g) requires that recipients comply with the prevailing wage rate
requirements uncer the DWI s-Bacon Act of 1931 for construction, repair or alteration
contracts and subcontracts *funded in whole or in part' with funds provided under this
agreement. If the CAR uses funds awarded under this agreement to contract for
construction. repair or alteration work, it must obtain recent and applicable wage rates from the U.S. Department of Labor and incorporate them into the construction, alteration
or repair contract. Activities conducted under assessment grants generally do not involve
construction, alteration and repair within the meaning of the Davis-Bacon Act. The
recipient must sontact EPA's Project Officer if there are unique circumstances (i.e.
removal of an underground storage tank or another structure and restoration of the site)
which indicate that the Davis-Bacon Act applies to an activity the CAR intends to carry out
with funds provided under this agreement. The Agency will provide guidance on
Davis-Bacon Act compliance if necessary.
c. The recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 65 Fed. Reg.
11225 ) of February 17, 2001, entitled "Preservation of Open Competition and
Government Neutrality Towards Government Contractors' Labor Relations on Federal
and Federally Funded Construction Projects," as amended by Executive Order 13208
(April 11. 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to Executive
Order 13202, Preservation of Open Competition and Government Neutrality Towards
Government Contractors' Labor Relations on Federal and Federally Funded Construction
Projects.
d. The recipient must comply with Federal cross-cutting requirements. These requirements
include but are not limited to, MBEWBE requirements found at 40 CFR 31.36(e) Of 40
CFR 30.44(b); OSHA Worker Heaith & Safety Standard 29 CFR 1910.120; the Uniform
Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits
required by Section 404 of the Clean Water Act; Executive Order 11246, Equal
Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work
Hours and Safety Standards Act, as amended (40 USC 327-333) the Anti Kickback Act
(40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by
Executive Orders 11914 and 11250.
B. Eligible Brownfield Site Determinations
1.
a. The CAR must provide information to EPA about site-specific work prior to incurring any
costs under this cooperative agreement for sites that have not already been pre-approved
in the CAR's work plan by the EPA. The information that must be provided includes
whether or not the site meets the definition of a brownfield site as defined in §101(39) of
CERCLA. the identity of the owner, and the date of acquisition.
If the site is excluded from the general definition of a brownfteld, but is eligible for a
property-specific funding determination, then the CAR must provide information sufficient
for EPA to make a property-specific funding determination. The CAR must provide
sufficient information on how financial assistance will protect human health and the
environment, and either promote economic development or enable the creation of,
preservation of. or addition to parks, greenways, undeveloped property, other recreational
property, or other property used for nonprofit purposes. The CAR must not incur costs for
assessing sites requiring a property-specific funding determination by EPA until the EPA
Project Officer has advised the CAR that the Agency has determined that the property is
eligible.
2.
a. For any petroleum contaminated brownfield site that is not included in the CAR's EPA
approved work plan, the CAR shall provide sufficient documentation to the EPA prior to
incurring costs under this cooperative agreement which includes (see the latest version of
EPA's Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund and
Cleanup Grants for discussion of this element):
(1) that a State has determined that the petroleum site is of relatively low risk,
as compared to other petroleum-only sites in the State.
(2) that the State determines there is "no viable responsible party for the site;
(3) that the State determines that the person assessing or investigating the site
is a person who is not potentially liable for cleaning up the site; and
(4) that the site is not subject to any order issued under section 9003(h) of the Solid
Waste Disposal Act.
This documentation must be prepared by the CAR or the State following contact and
discussion with the appropriate petroleum program official.
b. Documentation must include the identity of the State program official contacted, the State
official's telephone number, the date of the contact, and a summary of the discussion
relating to the state's determination that the site is of relatively low risk, that there is no
viable responsible party and that the person assessing or investigating the site is a person
who is not potentially liable for cleaning up the site Other documentation provided by a
State to the recipient relevant to any of the determinations by the State must also be
provided to the EPA Project Officer.
c. If the State chooses not to make the determinations describect in 2.a, above, the CAR
must contact the EPA Project Office and provide the information necessary for EPA to
make the requisite determinations.
d. EPA must also make all determinations on the eligibility of petroleum contaminated
brownfield sites located on Indian tribal lands. Prior to incurring costs for these sites, the
CAR must contact the EPA Project Officer and provide the information necessary for EPA
to make the determinations described in 2.a. above.
GENERAL COOPERATIVE AGREEMENT
ADMINISTRATIVE REQUIREMENTS
A. Term of the Agreement
1. The term of this agreement is three years from the date of award, unless otherwise extended by
EPA at the CAR's request.
If after 14 years from the date of award, EPA determines that the CAR has not made sufficient
progress in implementing its cooperative agreement, the Agency may terminate this agreement.
Sufficient progress is indicated by drawing down and obligating 35% of the funds to eligible
activities: examples of sufficient progress include procuring an environmental consultant and
having contracted for at least one Phase I report: having EPA approval of a QAPP if
environmental sample collection is part of the scope of the approved CA work plan. For
assessment coalition grants, sufficient progress is demonstrated when a solicitation for services
has been released, sites are prioritized or an inventory has been initiated if necessary, community
involvement activities have been initiated and a Memorandum of Agreement is in place within one
and a half years.
3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a waiver has
been granted by EPA and then funding is not to exceed $350.000 at the site subject to the waiver.
B. Substantial Involvement
1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative
agreement.
a. Substantial involvement by the U.S. EPA generally includes administrative
activfies such as: monitoring; review of project phases: and approval of
substantive terms included in professional services contracts.
b. Substantial EPA involvement also includes brownfields property-specific funding
determinations described in 113. under Eligible Brownfield Site Determinations
above. If the CAR awards a subgrant for site assessment, the CAR must obtain
technical assistance from EPA on which sites qualify as a brownfield site and
determining whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV)
of CERCLA applies. This prohibition precludes the subgrantee from using EPA
funds to assess a site for which the subgrantee is potentially liable under §107
of CERCLA.
c. Substantial EPA involvement may include reviewing financial and environmental
status reports; and monitoring all reporting, record-keeping, and other program
requirements.
d. EPA may waive any of the provisions in term and condition with the
exception of property-specific funding determinations. EPA will provid.e waivers
in writing.
2. Effect of EPA's substantial involvement includes:
a. EPA's review of any project phase, document, or cost incurred under this
cooperative agreement will not have any effect upon CERCLA §128 Efigibie
Response Site determinations or for rights, authorities, and actions under
CERCLA or any Federal statute.
b. The CAR remains responsible for ensuring that all assessments are protective
of human health and the environment and comply with all applicable Federal
and State laws.
c. The CAR and its subgrantees remain responsible for incurring costs that are
allowable under the applicable OMB Circulars.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate,
direct, and oversee the brewnfield assessment activities at a particular site, if they do not have such a
profession& on staff.
2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the
terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients
and contractors are consistent with the terms and conditions of this agreement.
3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for-profit organizations.
The CAR must obtain commercial services and products necessary to carry out this agreement under
competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages
awarding subgrants competitively and the CAR must consider awarding subgrants through competition.
4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received
under this grant, or in combination with any other previously awarded Brownfields Assessment Grant does
not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of
this funding lirnit for a brownfield site must be approved by EPA prior to the expenditure of funding
exceeding 5200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver.
(Note: Cooperative Agreement Recipients expending funding from a community-wide
assessment grant on a particular site must include such funding amount in any total
funding expended on the site,)
D. Quarterly Progress Reports
1. The CAR must complete and submit relevant portions of the Property Profile Form reporting the
commencement of a Phase I assessment, the expenditure of $1,000 or more of grant funds at a property
or the completion of a property assessment. The CAR must submit the updated Property Profile Form
reflecting such events within 30 days after the end of the Federal fiscal quarter in which the event
occurred, The CAR may be provided access to an on-line reporting system, the Assessment, Cleanup and
Redevelopment Exchange System (ACRES), by the EPA Project Officer to perform their reporting
requirements, Alternately. the CAR may complete a hard copy version of the Property Profile Form
available from their EPA Project Officer or on-line at: http://www.ecia.qovibrownfields/oubs/rotforms.htm.
2. The CAR must submit progress reports on a quarterly basis (30 days after the end of each
Federal fiscal quarter) to the EPA Project Officer. The progress reports must document incremental
progress at achieving the project goals and milestones. Quarterly progress reports must include:
a. Documentation of progress at meeting performance outcomes/outputs, project narrative,
project time line and an explanation for any slippage in meeting established
output/outcomes.
b. An update on project milestones.
c. A budget recap summary page with the following headings: Current Approved Budget
Ccsts Incurred this Quarter; Costs incurred to Date; and Total Remaining Funds.
d. If applicable, quarterly reports must specify costs incurred at petroleum contaminated
brownfields sites.
e. Recipient quarterly reports must dearly identify which activities performed during the
reporting period were undertaken with EPA funds, and must relate EPA-funded activities
to the objectives and milestones agreed upon in the work plan including a list of sites
where assessment activities were completed. Absent a Property Profile Form and
consistent with the EPA approved work plan for this agreement, activities undertaken with
EPA funds to be included in quarterly performance and financial reporting may include:
1 Acres per property
2 Assessments started/completed
3 No cleanup required
d Types of contaminants found
5. Acres of greenspace createc
6 Engineering/institutional controls required, what type and whether they are in place
7. Cleanup piers
8. Redevelopment underway .
9. Funcs leveraged
10. Jobs leveraged
11. Health monitoring studies, insurance, institutional controls fundeo
3. The CAR must maintain records that will enable it to report to EPA on the amount of funds
expended on specific sites under this grant.
4. The CAR must maintain records that will enable it to report to EPA on the amount of funds
expended by the CAR at petroleum sites identified in the EPA approved work plan.
5. In accordance with 40 C.F.R. § 31.40 (d), the recipient agrees to inform EPA as soon as
" problems, delays or adverse conditions become known which will materially impair the ability to
meet the outputs/outcomes specified in the assistance agreement work plan.
FINANCIAL ADMINISTRATION REQUIREMENTS
A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
To the extent allowable under the work plan, cooperative agreement funds may De used for
eligible programmatic exoenses to inventory, characterize, assess, and conduct planning and outreach.
Eligible orogrammatie expenses include activities described in Section IV of these Terms and Conditions
In addition, such eligiele programmatic expenses may include;
a. Determining whether assessment activities at a particular site are authorized by CERCLA
104(k):
b. Ensuring that an assessment complies with applicable requirements under Federal and
State laws. as required by CERCLA. 104(k);
c. Using a portion of the grant to purchase environmental insurance for the
characterization or assessment of the site. Funds may not be used to
purchase insurance intended to provide coverage for any of the Ineligible Uses
under Section B.
d, Any other eligible programmatic costs including direct costs incurred by the recipient in
reporting to EPA; procuring and managing contracts; awarding and managing subgrants to
the extent allowable under II/. B. 2.; and carrying out community involvement pertaining to the
assessment activities.
Local Governments only. No more than 10% of the funds awarded by this agreement may be
used for brownfield program development and implementation (including monitoring cf health and
institutional controls) as described in the EPA approved work plan. The CAR must maintain
records on any funds used to carry out all program development and/or health monitoring and
institutional control activities to ensure that no more than 10% of its funds were used in this
manner.
B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient
1 Cooperative agreement funds shall not be used by the CAR for any of the following activities:
a. Cleanup activities;
b. Development activities that are not brownfieids assessment activities (e.g.,
construction of a new facility):
c. Job training unrelated to performing a specific assessment at a site covered by
the grant:
d. To pay for a penalty or fine;
e. To pay a federal cost share requirement (for example, a cost-share required by another
Federal grant) unless there is specific statutory authority;
f. To pay for a response cost at a brownfield site for which the recipient of the grant or
subgrant is potentially liable under CERCLA §107;
g. To pay a cost of compliance with any federal law. excluding the cost of compliance with
Laws applicable to the assessment; and
h. Unallowable costs (e.g., lobbying ard fund raising) under applicable OMB Circulars.
2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement.
Prohibited administrative costs include all indirect costs under applicable OMB Circulars.
a, Ineligible administrative costs include costs incurred in the form of salaries ,
benefits, contractual costs, supplies, and data processing charges, incurred to
comply with most provisions of the Uniform Administrative Requirements for
Grants contained in 40 CFR Part 31 Direct costs for grant administration, with
the exception of costs specifically identified as eligible programmatic costs, are
ineligible even if the grant recipient is required to carry out the activity under the
grant agreement.
b. Ineligible grant administration costs include direct costs for:
(1) Preparation of applications for US EPA Brownfield grants/subgrants;
(2) Record retention required under 40 CFR 31.42;
(3) Record-keeping associated with supplies and equipment purchases required under
40 CFR 31.32 and 31.33;
(4) Preparing revisions and changes in the budgets, scopes of work, program plans and
other activities required under 40 CFR 31.30;
(5) Maintaining and operating financial management systems required under 40 CFR 31;
(6) Preparing payment requests and handling payments under 40 CFR 31.21;
(7) Non-federal audits requiree under 40 CFR 31.26 and OMB Circular A-133; and
(8) Close out under 40 CFR 31.50.
3. Cooperative agreement funds may not be used for any of the following properties:
a. Facilities listed, or proposed for listing, on the National Priorities List (NPL);
b. Facilities subject to unilateral administrative orders, court orders, administrative
orders on consent or judicial consent decree issued to or entered by parties
under CERCLA;
Faceties that are subject to the jurisdiction, custody or control of the United
States government except for land held in trust by the United States
government for an Indian tribe; or
d. A site excluded from the definition of a brownfield site for which EPA has not made a
property-specific funding determination
4, The CAR must not include management fees or similar charges in excess of the direct costs or at
the rate provided for by the terms of the agreement negotiated with EPA. The term "management fees or
similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for
ongoing business expenses, unforeseen liabilities, or for other similar costs that are not allowable under
EPA assistance agreements. Management fess or similar charges may not be used to improve or expand
the project funded under this agreement, except to the extent authorized as a direct cost of carrying out
the scope of work.
C. Interest -Bearing Accounts and Program Income
1. In accordance with 40 CFR 31.25(g)(2). the CAR is authorized to add program income to the
funds awarded by the EPA and use the program income under the same terms and conditions of this
agreement. Program income for the assessment CAR shall be defined as the gross income received by
the recipient, directly generated by the cooperative agreement award or earned during the period of the
award. Program income includes, but is not limited to, fees charged for conducting assessment, site
characterizations, clean up planning or other activities when the costs for the activity is charged to this
agreement.
2. The CAR must deposit advances of grant funds and program income (e.g., fees) in an interest
bearing account.
a. Interest earned on advances, CARs are subject to the provisions of 40 CFR
§31.21(1) to remitting interest on advances to EPA on a quarterly basis.
b. Interest earned on program income is considered additional program income.
IV. ENVIRONMENTAL ASSESSMENT REQUIREMENTS
A. Authorized Assessment Activities
1. Prior to conducting or engaging in any on-site activity with the potential to impact historic
properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of
the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any
requirements of the Act and implementing regulations.
B. Quality Assurance (QA) Requirements
1. When environmental samples are collected as part of the brownfield assessment , the CAR shall
comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices
sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may
impose additional QA requirements.
C. Completion of Assessment Activities
1. The CAR shall properly document the completion of all activities described in the EPA approved
work plan. This must be done through a final report or letter from a qualified environmental professional.
or other documentation provided by a State or Tribe that shows assessments are complete.
D. All Appropriate Inquiry
1. As required by CERCLA §104(k)(2)(B)(ii) and CERCLA §101(35)(B), the CAR shall ensure that a
"Phase l" site characterization and assessment carried out under this agreement will be performed in
accordance with EPA's standard for all appropriate inquines. The CAR shall utilize the practices in ASTM
standard E1527-05 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site
Assessment Process," or EPA's All Appropriate Inquiries Final Rule. This does not preclude the use of
grant funds for additional site characterization and assessment activities that may be necessary to
characterize the environmental impacts at the site or to comply with applicable State standards_
V. Conflict of interest: Appearance of lack of Impartiality
A. Conflict of Interest
1. The CAR shall establish and enforce conflict of interest provisions that prevent the aware of
subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of
impartiality. Such situations include, but are not limited to, situations in which an employee, official,
consultant, contractor. or other individual associated with the CAR (affected party) approves or
administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other
interest. Such a confitt of interest or appearance of lack of impartiality may arise when:
(i) The affected party,
(ii) Any member of his immediate family,
(iii) His or her partner, or
(iv) An organization which employs, or is about to employ, any of the above,
has a financial or other interest in the subgrant recipient.
Affected employees wi,1 neither solicit nor accept gratuities, favors, or anything of
monetary value from subgrant recipients. Recipients may set minimum rules where the
financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic
value. To the extent permitted by State or local law Or regulations, such standards of
conduct will provide for penalties, sanctions, or other disciplinary actions for violations of
such standards by affected parties.
VI. PAYMENT AND CLOSEOUT
A. Payment Schedule
1. The CAR may request payment from EPA pursuant to 40 CFR §31.21(c).
B. Schedule for Closeout
1. Closeout will be conducted in accordance with 40 CFR 31,50.
PONTIAC, CHIGAN
IC OF T
E T j)
ALF CITY OF
y, cmc
CEER
STATE OF MICHIGAN )
)ss
COUNTY OF OAKLAND )
RESOLUTION OF THE PONTIAC CITY COUNCIL
WHEREAS, Oakland County created a consortium to apply for funds through the Federal
Environmental Protection Agency Brownfield CnalitiztiAssessment Grant and;
WITEREAS, the City of Pontiac is a member of that consortium; and
WHEREAS, the county was awarded $1,000,000.00 in grant funds; and
WHEREAS, because of its membership in the coalition, the City of Pnritim 1-1Rq had
S100,000.00 of those grant funds set aside for expenditure in the City of Pontiac -, and
WHEREAS, this set aside does not preclude the City from seeking additional funds from
the County; and
WHEREAS, the Agreements with Oakland County specifies that Oakland County will be
responsible for the majority of the administrative work.
NOW, THEREFORE, BE IT RESOLVED, that the Pontiac City Council hereby
authorizes the appropriate representative of the City to execute whatever documents that the
City's Law Department deem necessary to enter into a Grant Agreement with Oakland County
for Environmental Site Assessment.
I, Yvette Talley, City Clerk of Pontiac, Michigan, do hereby certify that the foregoing is a true
copy of a Resolution adopted by the Pontiac City Council at a regular meeting held on January
21,2010.
Given under my hand and seal of
the City of Pontiac, Michigan
This 26 thday of-January A.D„ 2010
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
CITY OF PONTIAC
The Oakland County Brownfield Consortium Agreement ('the Agreement") is entered into between the
County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac,
Michigan 48341 ("County"), and the City of Pontiac, a Michigan Municipal Corporation
("Municipality"). In this Agreement the County and the Municipality may also be referred to
individually as "Party" or jointly as 'Parties".
PURPOSE OF AGREEMENT. The County and the cities of Farmington Hills, Ferndale, Hazel Park,
Madison Heights, and Pontiac (collectively known as the "Oakland County Brownfield Consortium")
formed a coalition to apply for an Environmental Protect Agency ("EPIC) Brownfield Coalition
Assessment Grant. Because the Consortium is not a legal entity and because only one member of the
Consortium could submit the grant application and be the grant recipient, the County submitted the
Brownfield Coalition Assessment Grant on behalf of the members of the Consortium. Brownfield
Assessment grants provide funding for developing inventories of brownfields. prioritizing sites,
conducting community involvement activities, and conducting site assessments and clean-up planning
related to brownfield sites.
The County was awarded a one million dollar ($1,000,000.00) Brownfield Coalition Assessment Grant
to be used by the Consortium. On November 10, 2009 the EPA and the County entered into a
Cooperative Agreement, Number BF-00E92301-0, with respect to the one million (1,000.000.00)
Brownfield Coalition Assessment Grant.
The 2009 Guidelines for Brownfield Assessment Grants require that the Consortium members execute
an agreement documenting the. site selection process, distribution of funds and the mechanisms for
implementing the work to be performed with grant fands,
Therefore, pursuant to the 2009 Guidelines for Brownfield Assessment Grant and pursuant to the Urban
Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., the County and the Municipality enter into
this Agreement for the purpose of delineating the relationship and responsibilities between the County
and the Municipality regarding the 2009 Brownfield Coalition Assessment Grant and EPA Cooperative
Agreement Number BF-00E92301-0.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement,
the Parties agree to the following:
1. DEFINITIONS. The following words and expressions used throughout this Agreement. whether
used in the singular or plural, within or without quotation marks, or possessive or nonpossessive,
shall be defined. read. and interpreted as follows.
Page!
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
1.1. Agreement means the terms and conditions of this Agreement, the Exhibits attached hereto,
and any other mutually agreed to written and executed modification, amendment, or
addendum.
1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of
action, proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or
expenses, including, but not limited to, reimbursement for attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, and amounts paid in settlement, which are
imposed on. incurred by, or asserted against the County or Municipality, as defined herein,
whether such claim is brought in law or equity, tort, contract, or otherwise.
1.3. Cooperative Agreement means the agreement awarded to the County by the Environmental
Protection Agency Number BF-00E92301-0 and attached as Exhibit A to this Agreement.
1.4. County means the County of Oakland, a Constitutional and Municipal Corporation
including, but not limited to, its Board, any and all of its departments, divisions, elected and
appointed officials. directors, board members, council members, commissioners, authorities,
committees. employees, agents, volunteers. and/or any such persons successors.
• 1.5. means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
1.6. Municipality means the City of Pontiac, a Miehigan Municipal Corporation including, but
not limited to, its Council, Board, any and all of its departments, its divisions, elected and
appointed officials, directors, board members, council members, commissioners, authorities,
committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such
persons successors.
1.7. Oakland County Brownfield Consortium or Consortium means the coalition formed by
the County and the cities of Farmington Hills, Ferndale, Hazel Park. Madison Heights, and
Pontiac for the purposes of applying for and performance of the 2009 Brownfield Coalition
Assessment Grant.
1.8, Project Manager means the individual designated by the Municipality to participate in the
Consortium and to be the contact person for this Agreement.
2. AGREEMENT EXHIBITS. The Exhibits listed below and their properly promulgated
amendments are incorporated and are part of this Agreement.
2.1. Exhibit A — Cooperative Agreement, Number BF-00E92301-0, between the County and the
EPA
3. COUNTY RESPONSIBILITIES.
3.1. The County shall act as the fiscal agent/fiduciary for the Consortium relating only to receipt
and disbursement of grant funds for the 2009 Brownfield Coalition Assessment Grant as
required by the Cooperative Agreement and this Agreement.
3,2. The County shall be responsible for the management of the Cooperative Agreement.
Page 2
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
3.3. The County shall comply with all terms and conditions of the Cooperative Agreement and all
applicable statutes and regulations.
3.4. The County shall follow the 2009 Guidelines for Brownfield Assessment Grants.
3.5. The County shall promptly inform all members of the Brownfield Consortium of any
changes to the Cooperative Agreement and how these changes may apply to the
Municipality. The County and EPA may make changes to the Cooperative Agreement
without the approval of the Municipality.
3.6, The County shall provide the Municipality with timely reports regarding the management of
the Cooperative Agreement.
3.7, The County shall have quarterly meetings for the Consortium.
3.8. The Project Manager and the County shall determine the brownfield sites for assessment.
3.9. The County shall select and retain the consultant to perform the assessment of the browrifield
site(s) chosen by the Project Manager and the County. The selection and retention of the
consultant shall include issuing request for proposals or request for qualifications for a
consultant and negotiating and executing a contract with the consultant.
4, MUNICIPALITY RESPONSIBILITIES.
4.1. The Municipality shall comply with all applicable terms and conditions of the Cooperative
Agreement and al) applicable statutes and regulations,
4.2. The Municipality shall follow the 2009 Guidelines for Brownfield Assessment Grants,
4.3. The Municipality shall designate an individual and an alternate to act as a Project Manager.
This individual shall act as a liaison between the County and Municipality regarding this
Agreement and shall be responsible for the following: (1) meeting with the County to
determine brownfield sites to be assessed and (2) acting as a liaison with local or community
organizations involved with the application of the Brownfield Coalition Assessment Grant.
The names of these individuals shall be conveyed to the individuals listed in Section 17.1.
5. FINANCIAL RESPONSIBILITIES.
5.]. Any funds awarded to the County under the Cooperative Agreement shall be allocated and
expended only as provided for and permitted by this Agreement. the Cooperative Agreement.
the 2009 Guidelines for Brownfield Assessment Grants, and any applicable statutes or
regulations.
5.2. The Municipality shall be allocated one hundred thousand dollars (S100,000.00) to be used to
assess brownfield sites in its geographic area.
Page 3
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
6. DURATION OF THE AGREEMENT.
6.1. The Agreement and any amendments hereto shall be effective when executed by both Parties,
with resolutions passed by the governing bodies of each Party and when the Agreement is
filed according to MCL 124.510.
6.2. This Agreement shall end September 30, 2014, unless terminated pursuant to Section 8 of
this Agreement or amended pursuant to this Agreement.
7. ASSURANCES/LIABILITY.
7.1. Each Party shall comply with all federal, state, and local ordinances, regulations,
administrative rules, laws, and requirements applicable to its activities performed under this
Agreement, including but not limited to the Cooperative Agreement and the 2009 Guidelines
for Brownfield Assessment Grants.
7.2. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the
costs associated with those acts, and the defense of those acts. Any costs, fees, or fines
which result from the violation of this Agreement, the Cooperative Agreement, the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal, state, or local
ordinances, regulations. administrative rules, or laws shall be the responsibility of the entity
committing the violation.
7.3. A Party who is non-compliant with this Agreement, the Cooperative Agreement. the 2009
Guidelines for Brownfield Assessment Grants or any applicable federal. state, and local
ordinances, regulations, administrative rules or laws assumes sole risk and liability for its
non-compliance including but not limited to liability for any penalties imposed by the EPA or
other governmental entity or any other fines, fees or costs associated with its non-
compliance.
7.4. To the extent provided by law and in the event there are any costs, fees, fines, or penalties
imposed upon and paid by the County in connection with this Agreement which arise from
the actions of the Municipality, the County has the right to set off that amount against any
amount due to the Municipality from the County, including, but not limited to, distributions
from the Delinquent Tax Revolving Fund (DTRF).
7.5. The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party have
legal authority to sign this Agreement and bind the Parties to the terms and conditions
contained herein.
8. TERMINATION OR CANCELLATION OF AGREEMENT. Either Party may terminate and/or
cancel this Agreement upon thirty (30) Days notice to the other Party. The effective date of
termination and/or cancellation shall be clearly stated in the notice if this Agreement is terminated
and/or cancelled. Termination of this Agreement does not release any Party from any obligations
that Party has pursuant to the 2009 Guidelines for Brownfield Assessment Grants, the Cooperative
Agreement or as provided by law. If the Municipality terminates this Agreement, the grant funds
Page 4
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
which were allocated to the Municipality, but not yet used shall be reallocated to other members of
the Consortium.
9. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this
Agreement does not and is not intended to create any obligation, duty, promise, contractual right or
benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other
person or entity.
10. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants
for employment, or another persons or entities with respect to hire, tenure, terms, conditions, and
privileges of employment, or any matter directly or indirectly related to employment in violation of
any federal, state or local law,
11. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining,
throughout the term of this Agreement, all licenses, permits, certificates, and governmental
authorizations necessary to carry out its obligations and duties pursuant to this Agreement.
12. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, or immunity of the Parties,
13. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract,
and/or assign any obligations or rights under this Agreement without the prior written consent of the
other Party.
14. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or
enforce any rights or remedies under this Agreement shall constitute a wraiver of those rights with
regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or
provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be
deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement.
No waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
15. SEVERABILITY. Ha court of competent jurisdiction finds a term, or condition. of this Agreement
to be illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement.
All other terms. conditions, and provisions of this Agreement shall remain in full force.
16. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and
subsections contained in this Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and indexes shall not be
interpreted or be considered as part of this Agreement. Any use of the singular or plural number,
any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
17. NOTICES. Notices given under this Agreement shall be in writing and shall be personally
delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid,
and addressed to the person listed below. Notice will be deemed given on the date when one of the
following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent
Pave 5
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
WITNESSED:
pi (VI ClerkiReunister of Dtteeds
unty of Oakland
Oakla d t • o. d of io .sioners
alus.
64;:$44:4"1/
lit1e, 6ity o PoiUiac
EXECUTED:
arcz /eci/-1 ec
Nam' Tifle;-CitSr- of Pontiac
WITNESSED:
express delivery service or personal delivery; or (3) three days after mailing first class or certified
U.S. mail.
17.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy
to Oakland County Economic Development and Community Affairs, Attention:
Environmental Program Coordinator, 2100 Pontiac Lake Road, Waterford, Michigan ,
48328.
17.2. If Notice is sent to the Municipality, it shall be addressed to:
17.3. Either Party may change the address and/or individual to which Notice is sent by notifying
the other Party in writing of the change.
18. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of
the State of Michigan.
19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and executed by both Parties.
20. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other oral or written agreements between the
Parties. The language of this Agreement shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any Party.
IN WITNESS WHEREOF, Bill Bullard, Jr„ Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the
Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this
Agreement.
EXECUTED; C C (et'
Chairperson v
DATE: 1 (
DATE: (//`-
DATE: CO 31)0
DATE: IX/
Page 6
OAKLAND COUNTY BROWNFIELD CONSORTIUM AGREEMENT — FINAL
14. vb
• .1!
Resolution #10029 February 18, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
• 1.
FISCAL NOTE (MR. #10029) March 3, 2010
BY: FINANCE COMMITTEE, TOM M/DDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS/WASTE
RESOURCE MANAGEMENT — APPROVAL OF OAKLAND COUNTY BROWNFIELD
CONSORTIUM INTERLOCAL AGREEMENT
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 resolution and finds:
1. Pursuant to PAR. #09264 Oakland County accepted a Brownfield Consortium
Assessment Grant from tne U.S. Environmental Protection Agency in the amount
of $1000000.
2. Each of the tve cities in the Consortium will receive $100 1 000 to perform
environmental investigations and Oakland County will receive the balance of
$500.000 to perform environmental investigations of Brownfield sites located in
other County municipalities not associated as part of the Consortium.
3. Brownfield Assessment Grant guidelines require that Consortium members enter
into an agreement to delineate the relationship and responsibilities between the
County and other Consortium members, including documentation of the site
selection process, distribution of funding, and the mechanism for implementation
of the work to be performed.
4. The resolution approves an Inter-Local Agreement between Oakland County and
the cities of Farmington Hills, Ferndale, Hazel Park, Madison Heights, and
Pontiac. collectively known as the Oakland County Brownfield Consortium.
5 No budget amendment is required.
FINANCE CCMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
-
4.11
Resolution #10029 March 3, 20', 0
Moved by Long supported by Coleman the resolutons (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, CapeIlo, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin. Greinnel,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad.
Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being aucepted).
Y APPROVE THE FOREGOING RESOLUTION
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 3,
2010, with the original record thereof now remaining in my office.
In Testimony Whereof, I nave hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac. Michigan this 3rd day of March, 2010.
1111.
Gat
Ruth Johnson, County Clerk