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HomeMy WebLinkAboutResolutions - 2010.11.18 - 10249PLANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #10303 BY: Planning and Building Committee, John A. Scott, Chairperson IN RE: FACILITIES MANAGEMENT/PLANNING AND ECONOMIC DEVELOPMENT - 2010 REGIONAL GREEN STREETS PROGRAM (RGSP) GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Southeast Michigan Council of Governments (SEMCOG) has awarded the Department of Facilities Management and Planning & Economic Development Division grant funding in the amount of $100,000 for the period of September 1, 2010 through September 30, 2012; and WHEREAS this is a pass through of funds received by SEMCOG from the US Environmental Protection Agency as part of a larger grant award; and WHEREAS this is the first year of grant acceptance for this program; and WHEREAS this $100,000 grant funding requires $95,000 of in-kind match; and WHEREAS this grant is to be used to install landscape improvements on the Service Center Campus that will reduce storm water runoff; and WHEREAS no new staff positions will be required to implement or administer this grant; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts grant funding from SEMCOG in the amount of $100,000 with a County in-kind match of $95,000. for the period of 9/1/2010 through 9/30/2012. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment and that no special revenue positions are required for acceptance. Chairperson, on behalf of the Planning and Building Committegl pnove the 44option of the foregoing resolution. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Jacobsen absent. GRANT REVIEW SIGN OFF — Facilities Management Planning & Economic Development GRANT NAME: 2010 Regional Green Streets Program (RGSP) FUNDING AGENCY: Southeast Michigan Council of Govemments (SEMCOG) DEPARTMENT CONTACT PERSON: Art Holdsworth 8-0160 STATUS: Grant Acceptance DATE: November 2, 2010 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution_ DEPARTMENT REVIEW Department of Management and Budget: Approved, — Laurie Van Pelt (10/25/2010) Department of Human Resources: Approved. — Cathy Shallal (11/1/2010) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (10/25/2010) Corporation Counsel: There are no outstanding legal issues concerning this grant. — Joellen Shortley Blaszcza (10/29/2010) COMPLIANCE The grant agreement references a number of specific federal and/or state regulations. Below is a list of these specifically cited compliatee related documents for this grant. Participation by Disadvantaged 13/11SilleSS Enterprises in United States Environmental Protection Agency Programs (40 CM, Part 33) htp:I/eefr.goacss.gov/cgi/tftexVtext . Environmental Protection Agency Procurement Standards (40 CFR 30.40 — 30.48) lino://ecfr.zralaccess.govicgitt/text/texc- idx?type----simple;cectr:cc=ecfr,sid-cd039976d7t1920647e270864ef3d5c7;iducf--40;reziorr--DIV1:q1=Part%2033 -,rgn=div% view—textzuode-40%3A1.0.1.2.28 Federal Acquisition Regulation — Contract Cost Principles and Procedures (48 CFR Part 31) http://www.access.goo.Rovinara/cfriwaisidx 07/48cfr31 07.btnil Federal CM! Rights Act of 1964 btto://www.usdoi .20 V/trt/C-OrtbdeX, htm Title VII of the Civil Rights Act of 1964 (P.1,. 88-352) htto://www.ecoc.govilawsistalutes/ictlex.cfm PASS THROUGH AGREEMENT BETWEEN OAKLAND COUNTY AND SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS FOR ACTIVITIES RELATED TO THE RESTORING THE LAKE ERIE CORRIDOR THROUGH GREEN STREETS PROJECT FUNDED THROUGH A GRANT OBTAINED FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY THIS AGREEMENT, made and entered into this 19th day of October, 2010, by and between the COUNCIL and Oakland County, for the purpose of outlining and identifying the specific rights and obligations of the parties in agreeing to participate in the Restoring the Lake Erie Corridor through Green Streets project. WHEREAS, the COUNCIL is eligible to obtain finding from the U.S. Environmental Protection Agency Great Lakes Restoration Initiative program; and NOW HEREBY RESOLVED: I. DEFINITIONS USEPA means the U.S. Environmental Protection Agency—Grantor agency. COUNCIL means the Southeast Michigan Council of Governments — Grant recipient. GLRI means the Great Lakes Restoration Initiative. II. PURPOSE The purpose of this contract is to pass-through funds for the Restoring the Lake Erie Corridor through Green Streets project from the USEPA to Oakland County through the COUNCIL. III. OAKLAND COUNTY SHALL: 1. Performance of the Proiect Upon receipt of approval from USEPA of funds in the amount of One hundred thousand dollars ($100,000.00) to pass through the COUNCIL to Oakland County, Oakland County, upon notification of the COUNCIL, shall commence work based on the attached Work Plan (Exhibit 1). 2, Estimated Costs The COUNCIL, upon receipt of payment from the USEPA, shall pass 0:1GRANTS APPVPA Green StreetsiPass-thru agreetnentskGroen 5treet6 Pass-Tinu agreement - Oakland Countydnex through payment to Oakland County in the amount requested less 48.72% as match, with a maximum reimbursable amount for the project of $100,000.00. Oakland County shall also submit proof of matching expenditures of at least $95,000,00, or 48.72% of total expenses if less than the entire funding amount is spent. 3. Accounts and Records Establish and maintain accounts and records which will properly account for expenditures of money under the terms of this agreement and classify such expenditures in a manner so as to permit submission to the COUNCIL and USEPA for proper claims. Restoring the Lake Erie Corridor through Green Streets project records are kept available for a period of not less than three (3) years from the date on which the final payment to Oakland County of federal aid has been received in respect to this program. 4. Billings and Progress Reports Submit, at least quarterly; invoices, related progress reports, and detail of expenditures to the COUNCIL covering Oakland CountYs work accomplished on the Restoring the Lake Erie Corridor through Green Streets project. Billings and related progress reports shall be submitted to the COUNCIL not later than five (5) calendar days after the end of each quarterly accounting period. Invoices may be submitted more frequently but must be accompanied by a related progress report in order to be paid. 5. Fair Share Objectives Agree 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. Additionally, for purposes of reporting, Oakland County shall identify, in its detail of expenditures, procurements with certified MBE/WBE enterprises. 6. Procuring Services Follow the USEPA Procurement Standards as detailed in EPA 40 CFR 30.40-30.48. (Attached) 7. Signage Ensure that a visible project identification sign (with the Great Lakes Restoration Initiative logo) is erected as appropriate at each on-the-ground protection or restoration project. Each sign much give project information and credit the Great Lakes Restoration Initiative and appropriate federal agencies for funding. Oakland County will determine the design, 0:1GRANTS APPEPA 'Green StreetsTass-thru agreements \Green Streets Pass-111m agreement - Oakland County.docx placement, and materials for each sign, The GLRI logo should be accompanied with the statement indicating that Oakland County received financial support in the amount of $100,000.00 from the EPA. 8. Project Completion Reports Submit to the COUNCIL a final project completion report no later than thirty (20) days from the close of the Project. 9, Disallowable Costs Any disputes in regard to disallowable items of cost will be resolved through negotiations between the COUNCIL, Oakland County, and the USEPA. Final decisions as to findings are vested in the USEPA. Oakland County shall, within thirty (30) days of receipt of a billing, repay the USEPA any disallmable costs previously dispersed by the USEPA under the authorizationof the COUNCIL. 41‘19 wIt""rt IV. THE COUNCIL SHALL: 1. Reimburse Costs Council will reimburse Oakland County for actual direct and indirect costs eligible for federal and state reimbursement, under the provisions of the Federal Acquisition Regulations, 48 C.F.R., Part 31. 2. Reimbursement to Oakland County for Costs Incurred Upon receipt of an invoice and progress report for reimbursement of work performed by Oakland County in respect to the Restoring the Lake Erie Corridor through Green Streets project, the COUNCIL shall review the invoice and request of the USEPA payment to the COUNCIL for subsequent payment to Oakland County. Questions concerning the progress reports and the relationship of the progress reports to the invoices shall be resolved between Oakland County and the COUNCIL prior to the subsequent invoices. V. THE COUNCIL AND OAKLAND COUNTY FURTHER AGREE THAT: 1. Federal Laws and Regulations All applicable laws and regulations of the federal government are hereby incorporated into and made a part of this agreement and the parties will comply herewith. 0: \GRANTS APREPA Green Streets1Pass-thru agreements\Crreen Strects Pass-Thni agreement - Oakland Co unty.docx 2. Non-Discrimination In connection with the performance of the Agreement, Oakland County agrees to comply with the State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth in Appendix "A", dated August, 1985, attached hereto and made a part hereof. Oakland County further covenants that it will comply with Civil Rights Act of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-1 975d, and 2000a-2000h-6 and will require similar covenants on the part of any contractor or subcontractor employed in the performance of this Agreement. 3. Owner of Data Oakland County shall retain any data collected hereunder with full rights of access thereto guaranteed to the USEPA, COUNCIL and all other participating agencies. 4. Terms of Agreement The term of this agreement shall be from September 1, 2010 through September 30, 2012. 6. Termination of Agreement Any signatory may terminate this agreement after not less than ninety (90) days written notice to the other parties. In the event of termination, Oakland County shall be reimbursed for all eligible costs incurred in the furtherance of the Restoring the Lake Erie Corridor through Green Streets project up to the date of termination. Oakland County will provide a written report of all agreement related results of the project through termination. 7. Modifications of Agreement Any modifications to this agreement must be made in writing and signed by the parties. 8. Execution of Agreement This agreement shall become binding on the parties hereto and be in fill force and effect upon the signing thereof by the duly authorized officials for the COUNCIL and Oakland County, and with the necessary approval of the agreement by their respective policy bodies. 0-GRANTS APPTPA Green StreetskPass-thm agreententskereen Screets Pws-Thru agreement - Oakland County,docx IN WITNESS THEREOF, the parties hereunder have caused this agreement to be executed the day and year first above written. OAKLAND COUNTY BY: Title: Date: SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS BY: Title: Executive Director Date: OAGRANTS APPIEPA Green StrixisTass-thru agreemen1s1Green Streets Pass-Thro agreement - Oakland County docx Pruject Title: Total Project Funding: Restoring the Lake Erie Corridor through Green Streets Grant: S500,000 Mateh:$150,000 Total: $650,000 Points of Contact: Jody Egeleton, Finance Manager SEM COG 535 Griswold, Suite 300 Detroit, Michigan 48226 Egeltorniesemcog.org (p) 313-324-3423 (f) 313-961-4869 Amy Mangus, Environment Coordinator SEIvICOG 535 Griswold, Suite 300 Detroit, Michigan 48226 mangusCci)semco.org (p) 313-324-3350 (1) 313-961-4869 Benefit to Organization: SEMCOG is a membership organization of local governments working in the area of transportation, environment, and economic development. This project supports our mission of improving the environmental quality of the region, as well as supporting our member local governments by partnering and sub awarding portions of this project. Programmatic Capability: SEMCOG is a metropolitan planning organization for the 7 county Southeast Michigan region, Annually, SEMCOG manages approximately $9,000,000 in federal, state administered federal and other grants. SEMCOG has the financial capacity to manage this project as we have experience in the sub award process. We sub award approximately $1.5 million through to local planning agencies annually. SEMCOG is the designated water quality management agency under section 208 of the Clean Water Act. SEMCOG is actively engaged in water quality activities since the I 970s, including development of the Water Quality Management Plan for Southeast Michigan. In more recent years. SEMCOG has been engaged in assisting our members with various stonnwater challenges, including assistance on implementing the Phase II stormwater regulations. These specific support services were previously described in the Collaboration, Partnerships, and Overarching Plans section. SEMCOG completed, in 2008, the LID manual for the State of Michigan, which was funded through a grant from the EPA to the Michigan Department of Environmental Quality and then to SEMCOG. Through this grant SEMCOG successfully facilitated a statewide committee and developed a state-of-the- art LID manual currently utilized throughout the State. SEMCOG's technical abilities are apparent in the content of the LID manual, much of which was authored by SEMCOG staff. From a public education standpoint, SEMCOG design staff has developed numerous successful campaigns established programs for outreaching to the public. SEMCOG's Communication Department also facilitates the Southeast Michigan Government Communicators, comprised of over 50 local government communications staff. From a technical standpoint, this grant will be largely overseen by staff Civil Engineer, Kelly Kalil, and Coordinator of the Environmental Department, Amy Mangus. These individuals are actively engaged with members facilitating LID implementation. Recent tasks have included assisting the City of Detroit in integrating and setting targets for green infrastructure in the proposed combined sewer overflow plan; providing guidance to the Washtenaw County Drain Commissioner on new LID stormwater rules; working with a local City on integrating green infrastructure into a stormwater master plan; integrated LID components into the Gratiot Corridor Transportation Access Management Plan. SE:VICOG partners are also actively engaged in green infrastructure implementation. Examples include 30-acres of grow zones on Wayne County public property, resulting in measurable improvements to the local benthic community, reduction in stonnwater volume and reduced annual maintenance costs; a watershed-wide greening infrastructure program through the Alliance of Rouge Communities and conversion of mowed areas in Monroe County parks to native vegetation. Brief Project Description: Urban runoff from roads is the largest uncontrolled contributor of nonpoint source pollution in the Southeast Michigan 5 Areas of Concern (A0Cs). Annually, over 100 billion gallons of stormwater runoff combined with 30 million and 200,000 pounds respectively of sediment and nutrients are generated from roads. This green streets program achieves the following outcomes: construction of bioswales, tree trenches and grow zones to manage road runoff; reduction of annual stormwater runoff volumes, sediment and nutrient loading by approximately 50%; development of a Great Lakes Green Streets Guidebook transferable to municipalities; and installation of Green Streets signage for public education benefits. Problem Statement: GLRI Action Plan's Focus Area problem statement for Nearshore Health and Nonpoint Source Pollution note that "nonpoint sources are now the primary contributors of many pollutants to the lakes and their tributaries". The problem statement notes particularly the problem associated with sediment. The issue addressed with this project supports the GLRI problem statement and associated goals, objectives and measurable outcomes. Specifically, this project will address one of the largest contributors of pollution in Southeast Michigan, stormwater runoff and the associated pollutants including: bacteria/pathogens, sediment and nutrients. Proi ect Locations: Zip No. County HUC Code Street Municipality Lat/Long Code 42'34'08,66"N I Macomb 04090003 Metropolitan Parkway Clinton 48036 82'5542.23W 41°48'33.39N 2 Monroe 04100001 Luna Pier Road Luna Pier 48157 _ 83°26'33.96"W County Center Dr; 42°39'33.49"N ' Oakland 04090003 Waterford 48328 Telegraph Rd 83°19'51.17"W 41°21'35.41"N 4 Wayne 04090004 Ann Arbor Road Plymouth ' 48170 83°27'05.07" W 42°19'01.09'N 5 Wayne 04090004 Morton Taylor Road Canton 48188 83°28'05.48"W 42°22 "54.38N 6 Wayne 04090004 Schoolcraft Road Livonia 48150 83°2523,24"W 42°26'11,4N 7 1 Wayne 04090004 Griswold Street Northville 48167 83°2823.07"W 8Ie Ypsilanti 48198 42°1455.93-N Wayne 04090004 Ecorse Road 9 Belleville 48111 833101.65"W; Warren Avenue and 42°2026.13N 10 Wayne 04090004 Westland 48185 , Edward Hines Drive 83°15 -57.43"W 42°14-47,18N 11 Wayne 04090004 Inkster Road at 1-94 Romulus 48174 83°18'24.24"W 12- Evergreen Road 42°1833.8"N Wayne 04090004 Dearborn 48124 15 Michigan Avenue 83°13'35.02'W Proposed Work: Full Project Description Stormwater runoff from urban areas is one of the primary sources of nonpoint source pollution to the Lake Erie corridor. Historically stormwater management applications have focused on urban properties, new or redeveloped areas, and on retrofitting historical systems. However, stormwater management for roadways has been virtually ignored both regionally and nationally. To reduce this impact on the Great Lakes, we urgently need a comprehensive program that effectively demonstrates how to achieve several outcomes: regional coordination for stormwater management along roadways; bridges the technical and policy challenges associated with confined right-of-way areas; and establishes efficient lines of communication between varying departments, agencies and jurisdictions to achieve multiple outcomes and to demonstrate collaboration critical to the economic and environmental sustainability of the region. Roadways arc the single largest uncontrolled contributor of stomiwater runoff from Southeast Michigan (SEM) to the Lake Erie corridor. Five Areas of Concern (AOC) are located in the Southeast Michigan region, The project area covers four of the five AOCs, of which roads comprise over 20,000 miles covering close to 200,000 of the 1.6 million acres. This four-county AOC consists of Macomb, Monroe, Oakland and Wayne Counties, including the City of Detroit. Annual stormwater runoff volumes' exceed 800 billion gallons with runoff from roadways contributing over 100 billion gallons or 11% of the total runoff volume. In Wayne County alone, roadways contribute more than 20% of the annual County runoff. In addition, annual pollutant loading contributing to Lake Erie tributaries from the AOC Southeast Michigan region is shown in Table 1 below. Source data Table 1. Annual Loadinz from Roadways in the SE Michigan AOC Counties.' : , 1, - 'fr" , ..7. ,S'''.... • r',.1.',0 - ' ''. ' Total Load from I Total Load from ' Roadways in AOC AOC SEMI Region SEMI Re ion Annual Total Phoslhorus Load lbs 1 700 000 205,000 Annual Total Nitro en Load lbs 13 000 000 1 500 000 Annual Total Sus .ended Solids Load lbs 300 000 000 34,500,000 'Annual runoff volumes based on 2000 land use, annual rainfall and average runoff coefficients. Road contributions include acreages of entire right-of-way areas. Annual loading estimated from 2000 County land use coverage, average runoff coefficient and Center for Watershed Protection annual mean concentrations. Michigan is the Great Lakes state and home to over eleven thousand (11,000) inland lakes and streams. Being part of the largest freshwater system in the world, residents and visitors alike rely on Michigan's abundant water resources for not only safe drinking water, but also for a vast array of recreational activities. In addition, Michigan's economic prosperity is dependent on the availability and health of the freshwater system not only for manufacturing, transportation, and power generation, but also for significant tourism opportunities. Protecting and restoring the State's water resources enhances quality of life, economic vitality and sustainability, and regional prosperity, as well as the biodiversity of Great Lakes wildlife. Effective stormwater management achieves these multiple outcomes and is essential to working towards the Great Lakes Restoration Initiative goals. Southeast Michigan is unique in its circumstances in managing stormwater when compared with the rest of the nation. Nestled in the lower corner of the lower peninsula, Southeast Michigan is home to approximately 5 million people, over half of the entire state's population. The region houses sixteen watersheds and subwatcrsheds which drain directly to Lake Huron and Lake Erie, as well as Lake St. Clair and the St. Clair River, which share an international border with Canada. This highly concentrated urban population located directly on two of the state's Great Lakes highlights the significant need to properly manage stormwater to protect water quality. The Regional Green Streets Program (RGSP) will focus efforts on a largely unmanaged and ignored laud use type from a stormwater management perspective which is common to all urban communities across the Great Lakes region, not just those in Southeast Michigan. Urban runoff from roads is the largest uncontrolled contributor of nonpoint source pollution in the Southeast Michigan five (5) Areas of Concern (A0Cs). Annually, over 100 billion gallons of stormwater runoff combined with 30 million and 200,000 pounds respectively of sediment and nutrients are generated from roads. This RGSP incorporates a variety of green infrastructure techniques, including bioswales, grow zones and bioretention areas to manage over 250 acres of road runoff by reducing annual storrnwater runoff volumes, sediment and nutrient loading by approximately 50%. A Great Lakes Green Streets Guidebook transferable to municipalities across Michigan and other Great Lakes states will outline steps to achieve a successful Green Streets Program; highlight policy and technical challenges associated with constructing green infrastructure in limited right-of-way areas and specify design and construction details that may be transferred to specifications for future road projects. SEMCOG also serves as the metropolitan planning organization. As such, SEMCOG has noted stormwater management as a priority in the long-range transportation plan and will seek opportunities to incorporate green street practices into the transportation improvement program. Relevetree to the Great Lakes In particular, the RGSP works towards meeting the priorities of the following plans, which are described below: 1. The Great Lakes Restoration Initiative (CLRI) The RGSP addresses the following priorities of the GLRI: • Focus Area 1 — Goal 5: Areas of Concern are cleaned up, restoring the areas and removing the beneficial use impairments (BU1s); • Focus Area 3 — Goal 2: Land use, recreation and economic activities are managed to ensure that nearshore aquatic, wetland and upland habitats will sustain the health and function of the natural communities; • Focus Area 3 — Goal 5: A significant reduction in soil erosion and the loading of sediments, nutrients and pollutants into tributaries is achieved through greater implementation of practices that conserve soil and slow overland flow in agriculture, forestry and urban areas; • Focus Area 4 — Goal 4: High priority actions identified in strategic plans (such as state and federal species management, restoration and recovery plans, Lakeside Management Plans, Remedial Management Plans) are implemented, lead to the achievement of plan goals, and reduce the loss of fish and wildlife and their habitats; • Focus Area 5 — Goal 2: The necessary technology and programmatic infrastructure supports monitoring and reporting, including GLRI project deliverables by all agencies and participating stakeholders. 2. Sub-objective 4.3.3 (Improve the Health of Great Lakes Ecosystems) of EPA's Strategic Plan Implementing green infrastructure techniques along roadways works towards delisting BUIs in the AOCs, thus furthering this sub-objective by infiltrating/transpiring runoff volume as close to the source as possible and effectively reducing the quantity of runoff and enhancing the quality of runoff reaching the Lake Erie corridor. (See AOC discussion in Collaboration, Partnerships and Overarching Plans). Figure 1 Wayne Couaty Grow Zone 3. Great Lakes Regional Collaboration Strategy to Restore and Protect the Great Lakes (Strategy) Focusing green infrastructure techniques along roadways, employing a risk-based approach to leveraging the quantity of stonnwater runoff intercepted at the source and preventing nonpoint source pollution from entering the Southeast Michigan's waterways, improves not only the Lake Erie corridor, but the Great Lakes system. The RGSP demonstrates the consistency with this Strategy in the following ways: • Working towards delisting of Bills in the Southeast Michigan AOCs, including Degradation of Benthos, Eutrophication, Beach Closings, Degradation of Aesthetics. Degradation of Fish/Wildlife Habitat Populations, and Loss of Fish and Wildlife Habitat. • Controlling sediment loading and soil erosion and promoting groundwater recharge leading to improved Coastal and Upland Habitats. The RGSP estimates an annual reduction of 150 million gallons of storrnwater, 17,000 pounds of sediment, 100 pounds of phosphorus and 600 pounds of nitrogen. • Improving flow regimes to meet sediment reduction goals and restore sustainable biological communities. This RGSP addresses the most significant uncontrolled contributor of nonpoint source pollution in Southeast Michigan. It focuses on the knowledge learned from the statewide Low Impact Development manual and the Rouge River National Wet Weather Demonstration Project about addressing stormwater runoff volumes in order to effectively re-establish natural flow regimes. Finally, it addresses the primary pollutants of sediment, phosphorus and nitrogen entering the Lake Erie corridor and the Great Lakes system. Regional Green Streets Program Tasks All products associated with the task descriptions below are listed in Table 4. Schedule, Milestones, Products and Deliverables. Task 1: Regional Green Streets Program: Design, Construction This project includes design and construction of twenty-one (21) Green Streets projects covering approximately 250 acres of roadway surfaces and right-of-way areas. Green infrastructure techniques proposed as part of this Green Streets Program includes bioswales, grow zones, infiltration tree trenches and bioretention areas, all designed to reduce stormwater runoff volume and improve stormwater runoff quality entering the local waterways tributary to the Lake Erie Corridor. Design details for each of these techniques will be consistent with their respective standard details in the ,State of Michigan Low Impact Development (LID) Manual. Wayne County has successfully completed past grow zone projects and has demonstrated success in achieving management of stormwater runoff from areas adjacent to roadways through the use of grow zones. Figure L Wayne County Grow Zone demonstrates successes achieved and their experience in implementing grow zones and bioswales will promote cost-effective performance of the RGSP. Macomb County Description: Metropolitan Parkway in Clinton Township, Macomb County is scheduled for reconstruction in 2010-2011. The proposed design includes approximately two (2) miles of reconstruction between Garfield Road and Groesbeck Highway, with a total of six (6) lanes, including an average twenty-five (25') foot median. The reconstruction crosses the Harrington Drain, tributary to the Clinton River and which discharges directly into Lake St Clair. This road project is approximately two (2) miles from Lake St. Clair and the Lake Erie corridor, The Green Streets design modification includes construction of up to 2000 feet of rain gardens, bioswales and grow zones to promote infiltration and evapotranspiration the roadway and median runoff Monroe County Description: The Green Streets retrofit in Monroe County includes construction of measures such as bioswales, bioretention facilities and infiltration tree trenches adjacent to Luna Pier Road. Luna Pier Road connects Interstate-75 to Lake Erie and a part of this road segment is scheduled for reconstruction in early 2011 consistent with the community's long-term vision of being a "welcome center" for Monroe County and the State of Michigan. The primary focus of the Green Streets retrofit will be from Harold Drive east toward Lake Erie. The exact project length will be determined following additional steps to define design options. The City of Luna Pier is the southernmost Michigan tourism community located along the new Detroit River International Wildlife Refuge (DR1WR) that was established in 2001. This area extends northward toward Detroit/Windsor, Ontario and was established as the first International Wildlife Refuge in North America. The boundary of this refuge includes islands, coastal wetlands, marshes, shoals, and waterfront lands along 48 miles of shoreline. Luna Pier is located at the southern edge of this refuge, and in fact, lands within the city limits are under the management of DRIWR. The DRIWR provides eco-tourism opportunities that would be enhanced by exemplary measures to protect the quality of the local environment through this Green Streets project. Water quality issues are of utmost importance in this community as Luna Pier provides the only public beach within a Monroe County municipality. Typically, water quality sampling by the Monroe County Health Department does not reveal issues, but in mid June, 2010, the Public Beach at Luna Pier was closed by order of the Monroe County Health Department due to water quality concerns. This closure is expected to be temporary, but it points to a larger need to maintain water quality and environmental quality. Oakland County Description: The RGSP in this county includes constructing approximately 2.5 acres of roadside bioswales/bioretention areas, 15.5 acres of grow zones and installing 150 roadside trees on the Oakland County Campus located in the City of Pontiac. Stormwater runoff from both County Center Drive and Telegraph Road, a roadway under the jurisdiction of the Michigan Department of Transportation, traversing the Oakland County campus will be effectively managed through these green infrastructure techniques. Runoff from the county campus discharges into the Mainland Drain a tributary to the Clinton River upstream from the Clinton Township project described above. Wayne County Description: Multiple green street retrofit projects are planned across Wayne County, covering primarily the Rouge River Watershed. Over sixteen (16) acres of grow zones and bioswaIes will be designed and bid for construction. Installation will be as much as grant budget allows with an anticipated minimum of 5 acres. Roadways include an effective cross-section of roadway types, including primary, secondary and local covering City, County and State (MDOT) jurisdictions. Task la. Preliminary Design — Green Streets. Twenty-one (21) RGSP projects are proposed, which include stormwater management of over 250-acres of roadways using green infrastructure techniques, including bioswales, grow zones, infiltration tree trenches and bioretention facilities. See Regional Green Streets Program Project Locations contained in the Attachments of this proposal for site-specific location information. The preliminary design will include oversight and coordination by the Primary Grant Coordinator working directly with County staff. Table 2. Design Coordination Responsibilities will ensure effective program performance. Table 2. Design Coordination Responsibilities Primary Grant Primary County Project County County Design Team Coordinator Administrator Macomb County Planning Macomb County Road Macomb County SEMCOG & Economic Development Commission Monroe County Planning City of Luna Pier and Monroe County SEMCOG — Department Engineering Consultant Oakland County Planning Oakland County Planning & ' Oakland County SEMCOG & Economic Development Economic Development Services Services & Engineering Consultant Wayne County Department of Wayne County Department Wayne County SEMCOG Public Services 8c Engineering of Public Services Consultant RGSP Team meetings will take place between the Primary Grant Coordinator, the Primary County Project Administrator and the County Design Team to review and discuss comments on each of the proposed projects. A final list of design edits will be prepared for use in Task 1 b, below. Task lb. Final Design — Green Streets. Following preliminary design and final site visits, review and comment by design coordinators identified above and any information received through the public education process listed in Task 2, final design will be completed for each of the RGSP retrofit projects. Similar team meetings will take place for each of the projects to identify any final design edits and any potential construction challenges in the field. Task lc. Construction & Bid Specifications. Construction details and bid specifications will be prepared for use in either awarding the contract to an outside contractor or for use in providing step-by- step direction to County staff in constructing the retrofit projects. Table 2. Construction Contractor and Coordination outlines responsibilities for each of the four counties. Table 2. Construction Contractor and Coordination Primary Primary County Project i County Grant County Contractor Administrator Coordinator Macomb County Planning & Macomb County SEMCOG Outside Contractor Economic Development Monroe County SEMCOG Monroe County Planning Department Outside Contractor Oakland County Planning & Oakland County Facilities Oakland County SEMCOG Economic Development Services and Operations Wayne County Department of Public Wayne County SEMCOG Outside Contractor Services Three of the four counties identified above will procure an outside contractor for construction of the respective county Green Streets retrofit projects. SEMCOG staff will support cost-effective development of bid documents by ensuring standard and consistent construction process for all RGSP projects and utilizing Wayne County's past successes for cost-effective bid document preparation. Task id. Construction and Oversight. Each County will follow EPA rules for procuring professional and construction contractor services for their respective projects, unless design/construction work is outlined above to be completed by the respective county. SEMCOG staff will assist County staff in conducting site inspections to ensure proper preparation and grading of green infrastructure techniques and proper establishment of native vegetation. Task le. Verification of Outcomes. Final plans prepared by the design team will verify final drainage areas to and final size of each of the respective green infrastructure techniques. Photo documentation of pre- and post-construction will be included. Calculations supporting annual volume and loading reductions will be compiled by SEMCOG staff. In addition ; copies of all design and construction documentation will be retained by SEMCOG. Task 2: Engagina Public Support for Green Infrastrueturg In meeting with local, county, and state road agencies concerning green infrastructure, each agency stated a similar concern, the lack of public support for vegetative practices. Numerous approaches described in this section specifically target public education and support for green infrastructure. Task 2a. Signage. Signage is an important component for not only garnering public support for green infrastructure, but also making the public aware of the presence of green infrastructure. Signage for the RGSP includes two distinct types described as follows: • A larger kiosk type sign that provides more detail on the Green Infrastructure technique, how it improves water resources, and what actions help. An estimated four (4) kiosk signs are planned. • A smaller sign that simply identifies the Green Infrastructure project. This would communicate to drivers that this area is for environmental purposes arid improves water quality. For example, the term, "Our Water, Our Future. Ours to Protect" would likely appear on the sign, which is consistent with SEMCOG's river crossing signage program. An estimated twenty smaller signs arc planned. Task 2b. Public Education Materials. SEMCOG will develop a set of materials to ensure consistent messages are delivered to the public and other stakeholders, including the following: • Updated Web Site. The SEMCOG website, www.semcog,org, will include a specific RGSP component. Numerous members already link to SEMCOG's stormwater information thus providing opportunity to further inform and educate the public on green infrastructure. Task 2c. Great Lakes Green Streets Guidebook. The Great Lakes Green Streets Guidebook will include project elements, including locations, sample designs, green infrastructure selection criteria, and cost information, In addition, it will outline a step-by-step process for integrating green infrastructure into new road projects as well as maintenance activities. Furthermore, and most unique, SEMCOG's unique position as the Metropolitan Planning Organization provides further opportunities for dissemination and implementation at the local level. The details and process may be utilized by road agencies across the Great Lakes, similar to the use of the statewide LID manual. SEMCOG will print 500 copies of the guidebook and provide on the website. Task 3: Technical Input. Oversight and Summary of Results Task 3a. Technical Input. SEMCOG will allow for technical input on this project through an established group of water quality experts, Southeast Michigan Partners for Clean Water. Representatives include the county subrecipients, State of Michigan, local communities and local watershed representatives. Five meetings are anticipated of this group. Task 3b. Project Oversight. SEMCOG as the applicant has responsibility for project oversight and completion, coordination with EPA representatives and completion of all EPA reporting requirements. Task 3c. Project Transferability, Outputs and Results. SEMCOG will assess the multiple benefits of the project and summarize results in the Final Report. Specific items for evaluation and assessment include the following: stormwater runoff volume reduction (hydrologic flow regime), water quality (phosphorus, suspended solids, nitrogen) and air quality benefits. In addition, acres of habitat created, diversity of native vegetation installed and responsiveness of public education efforts will be described. Finally, both carbon storage and sequestration estimates will also be provided. Cost-Effectiveness Green Streets Program Performance Task le. Coust. & Bid Specs Task Id. Const. Oversight Task e. Verify Outcomes Task 2. Engaging Public Sunuort Task 3c. Results I Final Rea at Bid Specifications, Bid Packets, Construction Details frit Cmenty Staff 1 Summary of Meetings; Field Notes As-built plans; calculations_ Task 3. Tech, Input and Oversight EPA oversight and administration of the project will be coordinated directly with SEMCOG staff specifically SEMCOG's Senior Civil Engineer, who will be the Primary Grant Coordinator. As described below, a County representative will oversee each County's respective RGSP projects and will serve as the primary point of contact for SEMCOG's Primary Grant Coordinator. In addition, the RGSP Team meetings will be facilitated by SEMCOG staff to ensure consistency across all projects in the RGSP. In addition, lessons learned from Wayne County's demonstrated successes, including coordination across departments, design details, specifications, contractor coordination and final verification of outcomes will be utilized to ensure success of this RGSP. Furthermore, SEMCOG's experience in creating the statewide Low Impact Development manual utilized by communities across the state and the country, also demonstrates a transferability of experience in developing standards for green infrastructure that will ensure cost-effectiveness of this project. The Great Lakes Green Streets Guidebook, a deliverable of this program, is the next logical step following completion of the LID manual. Regional Green Streets Program Schedule & Milestones Table 4 below summarizes the activities that will take place in each quarter, with the assumption that the contract will be signed at the end of the r d quarter in 2010. es • 2010 2011 2012 Milestones, Products & ,..- . 0 1$ • 2Q 3 Q IQ 20 Deliverables_• Task 1. RGSP-Design & ,, t4 P 4 Construction i'4.-. -......." -:, .• Task la. Preliminary il.... Conceptual Designs Design Task lb. Final Design 4,- . ../... ....1;21...,j . Final Designs and , I Details Disseminating Project Results and Transferability Green Streets programs are familiar in the Pacific Northwest. However, there has been limited implementation of green streets programs in the Great Lakes states. Differences in rainfall patterns require approaches tailored to the Great Lakes areas. Not only will this project result in measurable Annual Total Phosphorus Loading ounds) (p 205,000 Average 47% 47 20,000 280 Average 45% 1.5 Million 150,000 pollutant and runoff volume reductions to the Lake Erie corridor and the Great Lakes, it will also serve as a model for other municipalities, road agencies or other Metropolitan Planning Organizations. With this interest in mind, the program is designed with transferability in the forefront. In just Southeast Michigan, there are 7 county agencies, MDOT, and 119 cities and villages who could utilize this information. The primary purpose of the Green Streets Guidance document is to transfer the technical and policy lessons learned to other agencies across the Great Lakes. Environmental Results: Expected Results Results consistent with the Section I.C.8 of the REP that are directly addressed by the RGSP include the following: • Reduced nutrient inputs to tributaries and nearshore waters; • Reduced sediment inputs to tributaries and nearshore waters; and • Management measures and best management practices installed. Together, these three results all work towards the ideal result of delisting BUIs. Quantitative Outcomes and Measurements A regional long-term, I 0-year target of reducing annual stormwater runoff volumes and annual sediment and nutrient loading by 10% is estimated from the roadways. Quantitative outcomes associated with the RGSP are identified in Table 5. Documenting these outcomes will consist of utilizing the TR-55 Curve Number method to accurately depict the land cover of the drainage area, including the area proposed for the green infrastructure technique. Land cover has been demonstrated as the more accurate method as compared to land use measurements in estimating stormwater runoff volumes. Final mapping of the actual constructed technique will provide the final acreage of the techniques. Using this as the final land cover condition, pre- and post- stormwater runoff volume estimates will be determined resulting in an annual storrnwater runoff volume reduction. Thus important features for documentation include acreages and/or square feet of changes in land cover. Furthermore, both the Center for Watershed Protection Green Infrastructure Spreadsheet, the American Forests CITYgreen© application and L-THIA will be utilized for estimating pollutant loading reductions. 2 Existing f 10-Year Roadway Project Percent J Roadways-4 ' Target Reduction Reduction Reduction . County Region _ Annual Storm Water Runoff Volume 100,000 11,000 70 Average 45% (million gallons) Annual Total Suspended Solids 35 Million 3.5 Million 8,050 Average 57% . Loading (pounds) Annual Total Nitrogen Loadings pounds) Project reduction estimates calculated from the Center for Watershed Protection Green Infrastructure Spreadsheet. In addition, air quality benefits will be estimated utilizing the CITYgreen© approach based on the U.S. Forest Service methodology of UFORE. Carbon storage is estimated based on tree biomass on the site, while carbon sequestration estimates the amount of additional carbon stored each year as trees grow. Qualitative Outcomes and Measurements Desired qualitative outcomes include garnering support for local governments implementing green infrastructure techniques and setting the stage for public education campaign where the public takes action to implement greening techniques on their own property. Outputs of the RGSP Outputs consist of tangible deliverables from this project and include forty-four (44) educational signs, a basic Green Streets brochure, newsletter articles, website linkages and documentation, and the Great Lakes Green Streets Guidebook. This project also works well with another GLRI project proposal from the Clinton River Watershed Council to begin working directly with citizens to implement green infrastructure techniques. Finally, a travelling powerpoint presentation will communicate the approach for Green Streets Implementation to road agencies across the state and will be usable by other Great Lakes agencies. Description of Coordination and Leveraging of Project Matching Support: History of Partnerships Jr Collaboration As a membership organization, with 164 members, one of SEMCOG's primary missions is promoting partnerships and collaboration which has been ongoing since the organization's inception. Examples focused in the storrnwater arena include the following; • Launching the successful river crossing signage campaign; • Designing and implementing the "Ours to Protect" public education campaign; • Offering a regional municipal training program; • Forming a statewide Low Impact Development committee to achieve a final product usable across the state and country; • Facilitating a process with other local governments and nonprofit organizations focusing on collaboration under the Great Lakes Restoration Initiative resulting in regional and partnered applications; The success of the LID committee and the production of the LID manual demonstrates SEMCOG's leadership in facilitating region-wide efforts transferable to entities within and outside of the State of Michigan. This RGSP is the next step in moving forward with green infrastructure in the region. Plans for promoting/obtaining collaboration and support Partnerships and collaboration between SEMCOG and the Counties have been established based on this proposal. Further collaborative opportunities are evident through existing groups. These groups include the Southeast Michigan Partners for Clean Water; Michigan State University, the State of Michigan Department of Transportation and Department of Natural Resources and Environment; the Alliance of Downriver Watersheds; the Alliance of Rouge Communities; the Clinton River Watershed Council and the Anchor Bay Watershed Group. As previously mentioned, this project will utilize the Southeast Michigan Partners for Clean Water consisting of SEMCOG staff, County staff and other jurisdictions impacted by these projects, watershed organizations, universities, and other water quality experts. This group will also oversee development of the Great Lakes Green Streets Guidebook. Proposed Groups Involved in the Project Support groups and their respective roles are described here and previously in the respective tasks: • Southeast Michigan Partners for Clean Water. This established group is comprised of technical stormwater experts representing local government, watershed organizations, State of Michigan, Michigan State University Extension, and local consultants. The group will be used for feedback and transmitting project results for all aspects of this proposed project. • Local Watershed Groups. Numerous watershed groups exist across the region that SEMCOG and/or our counties facilitate. These groups will provide another venue to inform local governments and citizen groups about the results of this project. Connection to Overarching Plans As described above, the RGSP works on the priorities of the Great Lakes Restoration Initiative, EPA's Strategic Plan, and the Great Lakes Collaboration Strategy to Restore and Protect the Great Lakes, The RGSP builds upon the goals and objectives of several local water quality plans, to meet the common vision of restoring the health of the Great Lakes. Significant progress has been made in water quality achievements throughout the Great Lakes Basin as part of the following local plans: 1. Michigan Great Lakes Plan (Revised October, 2008) The following priority restoration areas are addressed by the RGSP: • Aquatic Invasive Species (AIS): Increasing green space in targeted areas reduces sediment loading and other contaminant loading to waterways. This works to impede establishment and colonization of invasive species. • Habitat/Species: Green infrastructure reduces annual stormwater runoff volumes and pollutant loadings that are attributed to degraded habitat and wildlife conditions. Habitat and wildlife in waterways will not be restored in SEMI AOCs until stormwater runoff volumes are effectively managed. This has been documented in watershed plans and statewide hydrologic studies. • Coastal Health; Direct runoff from roadways is highly erosive and contaminated. Reducing the volume and pollutant loading will directly enhance coastal health. • Areas of Concern/Sediments: Green infrastructure reduces stomiwater runoff volume that is directly attributable to sediment loading and streambank erosion in AOCs. Further, flashiness notable in region-wide tributaries and rivers must be controlled in order to delist, at a minimum, the Degredation of Benthos, Fish and Wildlife Habitat and Fish and Wildlife Populations Kis. • Nonpoint Source (NPS): Reductions of annual runoff volume and sediment, phosphorus and nitrogen loading on the order of 50% are achievable with each of the RGSP projects. • Toxic Pollutants: Green infrastructure along roadways helps to reduce toxic pollutants by converting turfgrass into areas where trees and other native vegetation are planted. This significantly reduces the need for mowing and related gasoline and oil usage, dripping, and spillage, as well as the use of pesticides and fertilizers. 2, Southeast Michigan Watershed Management Plans There are approximately thirty local subwatershed management plans in the Southeast Michigan region, each of which addresses the implementation of best management practices to mitigate stormwater runoff. The commonality across the plans includes the need to address urban hydrology by reducing runoff volume and annual nonpoint source pollutant loading. High priority actions common to the Rouge River Watershed Plan. Clinton River Watershed Plan, and the Raisin River Watershed Plan and the River Raisin Watershed hydrologic Study include implementing green infrastructure, reducing impervious surface area, protecting and restoring natural features, implementing local plans and ordinances for green infrastructure and enhancing public education. 3. Remedial Action Plans for four local Areas of Concern (AOC s) The four Areas of Concern (A0Cs) included in this proposal similar BUIs that are directly addressed by implementing this RGSP. As previously mentioned, these AOCs include the Clinton River, Detroit River, River Raisin, and the Rouge River. Restoration criteria for the Degradation of Fish/Wildlife Populations and Loss of Fish and Wildlife Habitat have been established for the above AOCs, Restoration Criteri a iUhe Clinton_River Area identifies outlines the issues with flow variability that this project addresses. The Rouge AOC Delisting Targets for Fish and Wildlife Population and Habitat Bills describes how green infrastructure will restore natural flow regimes for native populations and habitat. Common Bins addressed with the RGSP are addressed in the following manner: • Degradation of benthos: Reducing stormwater runoff volumes for the channel forming rain events is critical to restoring benthos populations in the region's waterways. Excess runoff volume leads to increased sediment loading to the streams in addition to sediment loading from streambank erosion. This sediment destroys benthic habitat and their populations reducing water quality and decreasing diversity in benthos populations, • Entrophication or undesirable Rine: Planting vegetation along roadways will reduce nutrient levels in water bodies by intercepting sediment and those nutrients attached to sediment prior to it entering storm sewers. Reduced nutrient loading leads to fewer signs of eutrophication. • Beach closings: Reducing impervious surfaces and promoting infiltration reduces pollutant loading to the waterways and ultimately beaches. Reduced sediment and nutrient loading promotes higher dissolved oxygen concentrations thus supporting other efforts in identifying bacterial sources. Further, increased native vegetation inhibits wildlife from congregating around waterbodies, thus reducing the number of beach closings. • Degradation of aesthetics: Aesthetics are, in part, attributed to presence of excessive sediment, algae blooms and strearnbank erosion in streams. The RGSP addresses all three of these issues and works towards improving the aesthetic condition of the region's waterways. • Degradation of fish and wildlife nonniations & kiss of figh Tegion cannot restore fish and wildlife populations and habitat without addressing stormwater runoff volumes from the channel forming rain events. The RGSP works to reduce annual runoff volumes as well as annual sediment, phosphorus and nitrogen loadings to meet targets necessary to restore the nature flow regimes. 4. Lake Management Plan for Lake Erie The Lake Erie LaMP recognizes the link between it objectives and BUls, which can be mitigated with the implementation of green infrastructure. Most notably, the Lake Erie LalvIP identifies the "key reasons for habitat impairment are hydrology changes associated with land use, nutrient and sediment loads, invasion of non-native species, and contaminants. All of these primary stressors are the result of human use of the Lake Erie environment." Implementing green infrastructure works towards meeting the following deliverables identified under each Ecosystem Management Objective identified in the Lake Erie LaMP: • Land Use Objective: Establish and support conservation areas; Encourage more protection of natural areas in the Lake Erie Basin; Encourage better management practices in landscapes containing natural areas or in buffer zones surrounding natural areas. Implement measures to address erosion and runoff, reduce nutrient loadings, and address pesticide use in the basin; and establish more functional linkages between protected areas throughout the watershed, particularly in priority watersheds. • Nutrients Objective: Promote the implementation of programs to protect groundwater and surface water and develop a Binational Nutrient Management Strategy for Lake Erie that includes: State of Nutrient Science report, Nutrient Management Plan, and Implementation/ Commitment strategy. 5. Comprehensive ManagementEalicallik St. Clair This collaborative work demonstrates that success can be achieved through committed organizations and their partnerships. This plan provides for the restoration and protection of Lake St. Clair and the Sc, Clair River. These two waterways are vital binational resources that provide a wide array of benefits to the nearly six million U.S. and Canadian residents who live in the watershed. They also are vital parts of the larger Great Lakes system. By reducing the annual stormwater runoff volume from more than 95% of the annual rain events and reducing sediment phosphorus and nitrogen loading, the ROSP works towards the following goals contained in this plan: • Environmental Health of the Watershed: Plan Goal - Pollution does not threaten public health and the health of the watershed. • Habitat and Biodiversitv: Plan Goals - All biological communities and habitats are healthy, diverse, and self-sustaining. Fish and wildlife are safe to consume. • Human Health: Plan Goal - Water is safe for drinking. • Land Use: Plan Goals - Land use activities are sustainable and support a healthy watershed. Recreation and economic activities impacting the lake are sustainable and support a healthy watershed. • Achieving Our Vision: Plan Goal - All entities responsible fir natural resources and environmental protection within the watershed are working together in a collaborative manner to protect and enhance the watershed. Voluntary Match The County subrecipients will contribute $150,000 in local match. Each county will maintain timesheets and receipts for any materials and submit this support documentation to SEMCOG on a monthly basis. SEMCOG will document local match on a monthly basis and include in grant status reports. PROJECT BUDGET SEMCOG Budget For Restoring the Lake Erie Corridor through Green Streets Task 1 Task 2 Task 3 Regional Green Engaging Oversight, Streets Program: Public Technical Input, Desis Construe ion Support Summary of RequitA TOTAL Personnel/Salaries 11,593 10,519 1SL7_10 32,852 Fringe Benefits 6.376 5,786 I 5,907 18,069 Travel 1300 0 0 1,300 Equipment J 0 0 0 0 Supplies 0 0 11 000 11,000 Contract Cost 0 0 0 0 i Other Cost 0 0 0 0 SEMCOG Direct Cost 19.269 16.305 27 647 63,221 SEMCOG Indirect Charges 11.201 9.460 16 118 36,779 SEM COG Total Cost 30.470 25.765 43.765 100 000 Sub award Partner Cost 400 000 0 a TOTAL PROJECT COST 430 470 25 765 43 765 500 000 *Sub award Partner Match 150.000 0 15,000 TOTAL COST INGMATCH 580 471 , _IIIINg_a. 0 000 *Sub award Match is 23% of total project ACORN Staten] eat This is to certify that SEMCOG is not associated with the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations and, therefore, is not prohibited from receiving federal funds under this provision. Paul E. Tait Executive Director Environmental Protection Agency Subpart C—Good Faith Efforts §s3.301 What does this subpart re- quire? A recipient, including one exempted from applying the fair share objective requirements by §33.411, i8 required to make the following good faith efferte whenever procuring construction., equipment, services and supplies under an EPA financial assistance agree- ment, even if it has achieved its fair share objectives under subpart D of this part: (a) Ensure DBEs are made aware of contracting opportunities to the tiniest extent practicable through outreach and recruitment activities. For Indian rribal. State and Local and Govern- ment recipients, this will include plac- ing DBEs on solicitation lists and so- liciting them whenever they are poten- tial 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 en- courages and facilitates participation by DBE e in the competitive proem. This includes, whenever possible, post- ing solicitations for bids or proposals for a minimum of 30 calendar days be- fore the bid or proposal closing date. (c) Consider in the contracting proc- ess whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into small- er tasks or quantities to permit 'UM- imum 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 han- dle individually. (e) Use the services and asSistance of the SBA and the Minority Business De- velopment Agency of the Department of Commerce. (D if the prime contractor awards subuontracts, require the prime con- tractor to take the steps in paragraphs (a) through (e) of thio section. §33.302 §33.302 Are there any additional con- tract administration requirements? (a) A recipient must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's re- ceipt of payment from the recipient. (h) A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcon- tractor for convenience by the prime contractor. (c) If a DBE subcontractor fails to complete work under the subcontract fur any reason, the recipient must re- quire the prime contractor to employ the six good faith efforts described in §33,301 if soliciting a replacement sub- contractor. (d) A recipient must require its prime contractor to employ the six good faith efforts described In§33.301 even if the prime contractor has achieved its fair share objectives under subpart D of this part. (e) A recipient must require its prime contractor to provide EPA Form 6100- 2—DBE Program Subcontractor Par- ticipation Form to all of its DBE sub- contractors. EPA Form 6100-2 gives a DBE subcontractor the opportunity to deecribe the work the DBE subcon- tractor received from the prime con- tractor, how much the DBE 6ubcon- tractor was paid and any other con- cerns the DBE subcontractor might have, for example reasons why the DBE subcontractor believes it was termi- nated by the prime contractor. DBE subcontractors may send completed copies of EPA Form 6100-2 directly to the appropriate EPA DBE Coordinator. (D A recipient must require its prime contractor to have its DBE subcontrac- tors complete EPA Form 6100-3—DBE Program Subcontractor Performance Form. A recipient neat then require its prime contractor to include all completed forme as part of the prime contractor's bid or proposal package. (g) A recipient must require its prime contractor to complete and submit EPA Form 6100-4—DBE Program Sub- contractor Utilization Form as part of the prime contractor's bid or proposal package. Chi Copies of EPA Form 6100-2—DBE Program Subcontractor Participation Form, EPA Form 6100-3—DBE Program 401 §33.303 Subcontractor Performance Form and EPA Form 6100-4—DBE Program Sub- contractor Utilization Form may be obtained from EPA OSDBU's Home Page on the Internet or directly from EPA OSDBC, fi) A recipient mast ensure that each procurement contract it awards eon- tains the term and condition specified in the appendix concerning compliance with the requirements of this part. A recipient must also ensure that this term and condition is inclu.ded in each procurement contract awarded by an entity receiving an identified loan. under a financial aesistance agreement to capitalize a revolving loan fund. §33.303 Are there special rules for loans under EPA financial assist- ance agreements? A recipient of an EPA financial as- sistance agreement to capitalize a re- volving loan fund, such as a State under the CWSRP or DWSRF or an eli- gible entity under the Brownfielcis Cleanup Revolving Loan Fund pro- gram, must require that borrowers re- ceiving identified loans comply with the good faith efforts described in §33.301 and the contract administration requirements of §3.302. This provision does not require that such private and nonprofit borrowers expend identified loan funds in compliance with any other procurement procedures con- tamed in 40 CFR part 30, part 31, or part 35, subpart 0, as applicable. 33.304 Must a Native American (ei- ther as an individual, organization. Tribe or Tribal Government) recipi- ent or prime contractor follow the six good faith efforts? (a) A Native American (either as at organization, corporation, Tribe or Tribal Government) recipient or prime contractor must follow the nix good faith efforts only if doing so would not conflict with existing Tribal or Federal law, including but not lim- ited to the Indian Self-Determination and Education Asnistanee Act 125 U.S.C. 450e), which establishes, among Other things, that any federal +contract, subcontract, grant. or subs-rant award- ed to Indian organizations or for the benefit of Indians, shall require pref- erence in the award of subcontracts and suegrants to Indian organizations 40 CFR Ch. I (7-1-10 Edition) and to Indian-owned economic enter- prises. (b) Tribal organizations awarded an EPA financial assistance agreement have the ability to solicit and recruit Indian organizations and Indian-owned economic enterprises and give them preference in the award process prior to undertaking the six good faith ef- forts. Tribal governments with promul- gated tribal laws and regulations con- cerning the solioitation and recruit- ment of Native-owned and other minor- ity business enterprises, including women-owned business enterprises, have the discretion to utilize these tribal laws and regulations in lieu of the six good faith efforts. If the effort to recruit Indian organizations and In- dian-owned economic enterprises is not successful, then the recipient must fol- low the six good faith efforts. All tribal recipients still must retain records documenting compliance in accordance with §33.501 and must report to EPA on their accomplishments in accordance with §33.502. (c) Any recipient, whether or not Na- tive American, of an EPA financial as- sistance agreement for the benefit of Native Americans, is required to solicit and recruit Indian organizations and Indian-owned economic enterprises and give them preference in the award process prior to undertaking the six good faith efforts. If the efforts to so- licit and recruit Indian organizations and Indian-owned economic enterprises is not successful, then the reeipient must follow the six good faith efforts. (d) Native Americana are defined in §33.103 to include American Indians, Eskimos, Aleuts and Native Hawaiians. Subpart D—Fair Share Objectives §9340l What does this subpart re- quire? A recipient must negotiate with the appropriate EPA award official or his/ her designee, fair snare objectives for MBE and WBE participation in pro- curement under the financial assist- ance agreements. 402 Environmental Protection Agency funds shall be held in trust by the re- cipient as trustee for the beneficiaries of the project or program under which the property was acquired or improved. Agencies may require recipients to record liens or other appropriate no- tices of record to indicate that per- sonal or real property has been ac- quired or improved with Federal funds and that use and disposition conditions apply to the property. PROCUREMENT STANDARDS 130.40 Punnise of procurement stand- ard% Sections 30.41 through 30.48 set forth standards for use by recipients in es- tablishing procedures for the procure- ment of supplies and other expendable property. equipment, real property and other services with Federal funds. These standards are furnished to en- sure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Ex- ecutive Orders. No additional procure- ment standards or requirements shall be imposed by EPA upon recipients. unless specifically required by Federal statute or Executive Order or approved by OMB. I 30.41 Recipient responsibilities. The standards contained in this part do not relieve the recipient of the con- tractual responsibilities arising under its contract(s). The recipient is the re- sponsible authority, without recourse to EPA, regarding the settlement and satisfaction of all contractual and ad- ministrative issues arising out of pro- curements entered into in support of an award or other agreement. This in- cludes disputes, claims, protests of award, source evaluation or other mat- ters of a contractual nature. Matters concerning violation of statute are to be referred to such Federal, State or local authority as may have proper ju- risdiction. 130.42 Codes of conduct. The recipient shall maintain written standards of conduct governing the performance of its employees engaged In the award and administration of contracts. No employee, officer. or §30.43 agent shall participate in the selection. award. or administration of a contract supported by Federal funds If a real or apparent conflict of interest would be Involved. Such a conflict would arise when the employee, officer, or agent. any member of his or her immediate family, his or' her partner. or an orga- nization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the recipient shall neither solicit nor ac- cept gratuities. favors, or anything of monetary value from contractors, or parties to subagreements. However, re- cipients may set standards for situa- tions in which the financial interest is not substantial or the gilt is an unso- licited item of nominal value. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by offi- cers. employees, or agents of the re- cipient. §30.43 Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The recipient shall be alert to organizational con- flicts of interest as well as noncompeti- tive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor perform- ance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the recipient. price, quality and other factors consid- ered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the re- cipient. Any and all bids or offers may be rejected when it is in the recipient's Interest to do so. 335 30A4 40 CFR Ch. 1 (7-1-05 Edition) §30.44 Procurement procedures. (a) All recipients shall establish writ- ten procurement procedures. These procedures shall provide for, at a min- imum, that paragraphs (a) (I). (2) and (3) of this section apply. (I) Recipients avoid purchasing un- necessary items. (2) Where appropriate, an analysis is made or lease and purchase alter- natives to determine which would be the most economical and practical pro- curement for the Federal Government. (3) Solicitations for goods and serv- ices provide for all of the following, (i) A clear and accurate description of the technical requirements for the material, product or service to be pro- cured. In competitive procurements. such a description shall not contain features which unduly restrict com- petition. (ii) Requirements which the bidder/ offeror must fulfill and all other fac- tors to be used in evaluating bids or proposals. (iii) A description, whenever prac- ticable, of technical requirements in terms of functions to be performed or performance required, including the range of acceptable characteristics or minimum acceptable standards. (iv) The specific features of "brand name or equal" descriptions that bid- ders are required to meet when such Items are included in the solicitation. (v) The acceptance, to the extent practicable and economically feasible, of products and services dimensioned in the metric system of measurement. (vi) Preference, to the extent prac- ticable and economically feasible, for products and services that conserve natural resources and protect the envi- ronment and are energy efficient. (b) Positive efforts shall be made by recipients to utilize small businesses, minority-owned firms, and women's business enterprises. whenever pos- sible. Recipients of Federal awards shall take all of the following steps to further this goal. (I) Ensure that small businesses, mi- nority-owned firms, and women's busi- ness enterprises are used to the fullest extent practicable. (2) Make information on forthcoming opportunities available and arrange time frames for purchases and con- tracts to encourage and facilitate par- ticipation by small businesses, minor- ity-owned firms, and women's business enterprises, (3) Consider in the contract process whether firms competing for larger contracts intend to subcontract with small businesses, minority-owned firms, and women's business enter- prises. (4) Encourage contracting with con- sortiums of small businesses, minority- owned firms and women's business en- terprises when a contract is too large for one of these firms to handle individ- ually. (5) Use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Department of Commerce's Minor- ity Business Development Agency In the solicitation and utilization of small businesses. minority-owned firms and women's business enterprises. 16) If the prime contractor awards subcontracts, requiring the contractor to take steps in paragraphs (b)(I) through (5) of this section. (c) The type of procuring instruments used (e.g., fixed price contracts, cost reimbursable contracts, purchase or- ders. and incentive contracts) shall be determined by the recipient but shall be appropriate for the particular pro- curement and for promoting the best Interest of the program or project in- volved. The "cost-plus-a-percentage-of- cost" or "percentage of construction cost" methods of contracting shall riot be used. (d) Contracts shall be made only with responsible contractors who possess the potential ability to perform suc- cessfully under the terms and condi- tions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, record of past performance. financial and technical resources or accessibility to other necessary resources. In certain circumstances, contracts with certain parties are restricted by agencies' im- plementation of Executive Orders 12545 and ima. "Debarment and Suspen- sion." (e) Recipients shall, on request, make available for EPA, pre-award review and procurement documents, such as request for proposals or invitations for 336 Environmental Protection Agency bids, independent cost estimates, etc., when any of the following conditions apply. (1) A recipient's procurement proce- dures or operation fails to comply with the procurement standards in EPA's implementation of Circular A-110. (2) The procurement is expected to exceed the small purchase threshold fixed at 41 U.S.C. 403 111) (currently $100,000) and is to be awarded without competition or only one bid or offer is received in response to a solicitation. (3) The procurement, which is ex- pected to exceed the small purchase threshold. specifies a ''brand name" product. (4) The proposed award over the small purchase threshold is to be awarded to other than the apparent low bidder under a sealed bid procure- ment. (5) A proposed contract modification changes the scope of a contract or in- creases the contract amount by more than the amount of the small purchase threshold. $30.45 Cost and price analysis. Some form of cost or price analysis shall be made and documented in the procurement files in connection with every procurement action. Price anal- ysis may be accomplished in various ways. including the comparison of price quotations submitted. market prices and similar indicia, together with discounts. Cost analysis is the re- view and evaluation of each element of cost to determine reasonableness, allocabillty and allowablIity. 1$0.48 Procurement records. Procurement records and flies for purchases in excess of the small pur- chase threshold shall include the fol- lowing at a minimum: Basis for con- tractor selection: Justification for lack a competition when competitive bids or offers are not obtained; and basis for award cost or price. §30.47 Contract administration. A system for contract administration shall be maintained to ensure con- tractor conformance with the terms, conditions and specifications of the contract and to ensure adequate and timely follow up of all purchases. Re- §30.48 ciplents shall evaluate contractor per- formance and document, as appro- priate, whether contractors have Intt the terms, conditions and specifica- tions of the contract. *30.48 Contract provisions. The recipient shall include, in addi- tioo to provisions to define a sound and complete agreement, the following pro- visions in all contracts. The following provisions shall also be applied to sub- tont r acts. (a) Contracts in excess of the small purchase threshold shall contain con- tractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms, and provide for such remedial actions as may be appro- priate. (h) All contracts in excess of the small purchase threshold shall contain suitable provisions for termination by the recipient. including the manner by which termination shall be effected and the basis for settlement. In addi- tion. such contracts shall describe con- ditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (c) Except as otherwise required by statute, an award that requires the contracting (or subcontracting) for construction or facility improvements shall provide for the recipient to follow its own requirements relating to bid guarantees, performance bonds, and payment bonds unless the construction contract or subcontract exceeds $100,000. For those contracts or sub- contracts exceeding $100,000. EPA may accept the banding policy and require- ments of the recipient, provided EPA has made a determination that the Federal Government's interest is ade- quately protected. If such a determina- tion has not been made, the minimum requirements shall be as follows. (I) A bid guarantee from each bidder equivalent to five percent of the bid price. 'The "bid guarantee'' shall con- sist of a firm commitment such as a bid bond, certified check, or other ne- gotiable instrument accompanying a bid as assurance that the bidder shall, 337 Environmental Protection Agency bids. independent cost estimates, etc.. when any of the following conditions apply. (1) A recipient's procurement proce- dures or operation falls to comply with the procurement standards in EPA's implementation of Circular A-110. (2) The procurement is expected to exceed the small purchase threshold fixed at 41 U.S.C. 403 (11) (ctierently S100.000) and is to be awarded without competition or only one bid or offer Is received in response to a solicitation. (3) The procurement, which is ex- pected to exceed the small purchase Threshold, specifies a "brand name" product. (4) The proposed award over the small purchase threshold is to...,be awarded to other than the apparent low bidder under a sealed bid procure- ment. (5) A proposed contract modification changes the scope of a contract or in- creases the contract amount by more than the amount of the small purchase threshold. §30.45 Cost and price analysis. Some form of cost or price analysis shall be made and documented in the procurement files in connection with every procurement action. Price anal- ysis may he accomplished in various ways, including the comparison of price quotations submitted, market prices arid similar indicia, together with discounts. Grist analysis is the re- view and evaluation of each element of cost, to determine reasonableness. ellocability and allowability. §30.4ii Procurement records. Procurement records and files for porehases in excess of the small pur- chase threshold shall include the fol- lowing at a minimum: Basis for con- tractor selection: Justification for lack of competition when competitive bids or offers are not obtained: and basis for award cost or price. §30A7 Contract administration. A system for contract administration shall be maintained to ensure con- tractor conformance with the terms, conditions and specifications of the contract and to ensure adequate and timely follow up of all purchases. Re- §30.48 cipients shall evaluate contractor per- formance and document, as appro- priate, whether contractors have met the terms, conditions and specifica- tions of the contract. *30.48 Contract provisions. The recipient shall include. in addi- tion to provisions to define a sound and complete agreement, the following pro- visions in all contracts. The following provisions shall also be applied to sub- contracts. (a) Contracts in excess of the small purchase threshold shall contain con- tractual provisions or conditions that allow for administrative, contractual, Or legal remedies in instances in which a contractor violates ot breaches the contract terms, and provide for such remedial actions as may be appro- priate. (13') All contracts in excess of the small purchase threshold shall contain suitable provisions for termination by the recipient, including the manner by which termination shall be effected and the basis for settlement. In addi- tion, such contracts shall describe con- ditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (c) Except as otherwise required by statute. an award that requires the contracting (or subcontracting) for construction or facility improvements shall provide for the recipient to follow its own requirements relating to bid guarantees. performance bonds, and payment bonds unless the construction contract or subcontract exceeds $100,000. For those contracts or sub- contracts exceeding $100.1:100, EPA may accept the bonding policy and require- ments of the recipient. provided EPA has made a determination that the Federal Government's interest is ade- quately protected. If such a determina- tion has not been made. the minimum requirements shall be as follows. (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall con- sist of a firm commitment such Ss a bid bond certified check, or other ne- gotiable instrument accompanying a bid as assurance that the bidder shall, 337 §30,50 upon acceptance of his bid, execute such contractual documents as may be requited within the time specified. (21 A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond on the part of the contractor for 100 percent of the con- tract price. A "payment bond - is one executed in connection with a contract to assure payment as required by stat- ute of all persons supplying labor and material in the execution of the work provided for in the contract. (4) Where bonds are required in the situations described herein, the bonds shall be obtained from companies hold- ing certificates of authority as accept- able sureties pursuant to 31 CFR part 223, "Surety Companies Doing Business with the United States. (d) All negotiated contracts (except those for less than the small purchase threshold) awarded by recipients shall include a provision to the effect that the recipient. EPA, the Comptroller General of the United States, or any of their duly authorized representatives. shall have access to any books. docu- ments, papers and records of the con- tractor which are directly pertinent to a specific program for the purpose of making audits. examinations, excerpts and transcriptions. (e) Ali contracts, including small purchases, awarded by recipients and their contractors shall contain the pro- curement provisions of the appendix to Circular A-110, as applicable. REPORTS AND RECURDS §30.50 Purpose of reports and records. Sections 30.51 through 30.53 set forth the procedures for monitoring and re- porting on the recipient's financial and program performance and the nec- essary standard reporting forms. They also set forth record retention require- ments. *30.51 Monitoring and reporting pro- gram performance. (a) Recipients are responsible for managing and monitoring each project, 40 CFR Ch, I (7-1-05 Edition) program. subaward. function or activ- ity supported by the award. Recipients shall monitor subawards to ensure sub- recipients have met the audit require- ments as delineated in §30,26. (b) EPA shall prescribe the frequency with which the performance reports shall be submitted. Except as provided in paragraph (f) of this section. per- formance reports shall not be required more frequently than quarterly or, less frequently than annually. Annual re- ports shall be due 90 calendar days after the grant year: quarterly or semi- annual reports shall be due 30 days after the reporting period. EPA may require annual reports before the anni- versary dates of multiple year awards in lieu of these requirements. The final performance reports are due 90 cal- endar days after the expiration or ter- mination of the award. (c) If inappropriate, a final technical or performance report shall not be re- quired after completion of the project. (d) When required, performance re- ports shall generally contain, for each award, brief information on each of the following. (1) A comparison of actual accom- plishments with the goals and objec- tives established for the period, the findings of the investigator. or both. Whenever appropriate and the output of programs or projects can be readily quantified, such quantitative data should be related to cost data for com- putation of unit casts. (2) Rea ens why established goals were not met, if appropriate. (3) Other pertinent information in- cluding, when appropriate, analysis and explanation of cost overruns or high unit costs. (e) Recipients shall not be required to submit more than the original and two copies of performance reports. (f) Recipients shall immediately no- tify EPA of developments that have a significant impact on the award-sup- porter! activities. Also, notification shall be given in the case of problems, delays, or adverse conditions which materially impair the ability to meet the objectives of the award, This notifi- cation shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situa- tion. 338 APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS In connection with the performance of work under this contract; the contractor agrees as foilows: In accordance with Act. No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age. sex, height, weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980, the contractor hereby agrees not to discriminate against an employee or applicant for employment tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of a disability that is unrelated to the individual's ability to perfonm the duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this contract. 2. The contractor hereby agrees that any and all subcontractors to this contract, whereby a portion of the work set forth in this contract is to be performed, shall contain a covenant the same as in herein before set forth in section 1 of this Appendix. 3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, sex, height weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, 4. The contractor will, in all Solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ago, sex, height, marital status or disability that is unrelated to the individuals ability to perform the duties of a particular job or position. 5. The contractor or his collective bargaiiing representative will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this appendix. 6. The contractor will comply with relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Conunission which may be it effect prior to the taking of bids for any individual state project. The contractor will furnish and Ilk compliance reports within such time and upon such forms as provided by the Michigan Civil Rights Commission, said forms may also elicit infomiation as to the practices, policies, program and employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books, records, and accounts by the Michigan Civil Rights Commission, and/or its agent, for purposes of investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission. 8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor hay not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as a part of its order based upon such findings, certify said findings W the Administrative Board of the State of Michigan, which Administrative Board may order the cancellation of the contract found to have been violated, and/or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers, and including the governing boards of institutions of higher education, until the contractor complies with all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights Con-mission in which cancellation of an exiting contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings. The contractor will include, or incorporate by reference, the provisions of the forgoing paragraphs (1) through (8) in every subcontract or purchase order unl ess exempted by mks, replations or orders of the Michigan Civil Rights Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller- The Civil Rights- Commission referred 10 as the Michigan Civil Right ComotJssioti FISCAL NOTE #10303 , November 18, 2010 BY FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: FACILITIES MANAGEMENT/PLANN1NG AND ECONOMIC DEVELOPMENT — 2010 REGIONAL GREEN STREETS PROGRAM (RGSP) GRANT - ACCEPTANCE 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. Southeast Michigan Council of Governments (SEMCOG) has awarded Facilities Management and Planning & Economic Development a $100,000 grant for the period September 1, 2010 through September 30, 2012. 2. The grant is a pass through of funds received by SEMCOG from the U.S. Environmental Protection Agency as part of a larger grant award. 3. The $100.000 grant requires a $95,000 grant match which will be met with allowable in-kind services from Facilities Management and Planning & Economic Development labor, 4. The grant will provide for landscape improvements on Oakland County Service Center Campus that will reduce storm water runoff; this includes construction approximately 2.5 acres of roadside bioswalestioretention areas, 15.5 acres of grow zones and installing approximately 150 roadside trees. 5. There are no additional personnel costs required to implement or administer this grant. a. The following budget amendment is recommended to record the grant award of $100,000: FY 2011 2010 Regional Green St Prog Grant Fund #29480 Proj ID GR0000000539, Activity ID EXP Revenues 1040725-140500-610313 Federal Operating Grants $100,000 Expenditures 1040725-140500-750224 Grounds Supplies $100,000 $ -0- _ E COMUITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #10303 November 18, 2010 Moved by Middleton supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long. McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott. Taub, Woodward. Zack, Bullard, Burns, (24) 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 accepted). I HEREBY APPROVE THE FOREGOING RESOLUMN ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) 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 November 18, 2010, with the original record thereof now remaining in my office. In Testimony Whereof. I have hereunto set my hand and affixed the seal of the County of Oaklanc at Pontiac, Michigan this 18th day of November. 2010. Gat Rutin Johnson, County Clerk