HomeMy WebLinkAboutResolutions - 1977.04.12 - 13030Miscellaneous Resolution 7915 April 7 , 1977
BY: PLANNING & BUILDING COMMITTEE - Richard R. Wilcox, Chairman
IN RE: ACCEPTANCE OF WATERFORD-OAKS COUNTY PARKS GRANT - PHASE II
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, pursuant to Miscellaneous Resolution #7777, dated
December 16, 1976, this Board approved the filing of a grant
application to the State Department of Natural Resources by the
Oakland County Parks and Recreation Commission for development
of Phase II, Waterford-Oaks County Park; and
WHEREAS said grant funds in the amount of $300,000 are available
to the County Parks and Recreation Commission on a 50/50 matching
basis; and
WHEREAS the County Parks and Recreation Commission's matching
share of $300,000 is to be derived from the 1/4 mill ad valorem
tax; and
WHEREAS your Committee recommends that the grant funds be
accepted;
NOW THEREFORE BE IT RESOLVED that the County of Oakland, on
behalf of the Parks and Recreation Commission, hereby accepts the
grant funds in the amount of $300,000 for development of Phase II,
Waterford-Oaks County Park
The Planning and Building Committee, by Richard R. Wilcox,
Chairman, moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox'r Chairman
County
Oakland
$60 0 ,000
50%
300,000
600,000
300,000
300,000
Amount
$300,000
MICHIGAN DEPARTMaU-QP -NATURAL RESOURCES ,
,j,and and Water Conservation Fund '
PROJECT AGREEMENT
1 Project Number
26-00882
Project Title
. Waterford Oaks Developm
Project Period
February 7, 1977 to December 31, 1978
Project Scope (Description of Project)
_Oakland County will develop approximately 20 acres of land within the
Waterford Oaks County Park to be used for public outdoor recreation purposes,
as further described in the project proposal.
Proposed developments will include the following
1) Access road and entrance road widening
2) Parking •
3) Lighting
4) Landscaping
5) Eight lighted tennis courts
6) Four deck tennis courts
7) Ten horseshoe courts
8) Ten shuffleboard courts
9) Toilet/shelter building with utilities
10) PeLwanent Land and Water Conservation Fund acknowledgement sign.
Pre-agreeuent costs incurred from July 1, 1976 to date of project approval in
an amount not to exceed . $1,302 shall be allowable under this agreement.
ent
Project Stage Covered by This Agreement
Total Project
Project Cost
Total Project Cost of Proposal
Fund Support Ceiling
Fund Amount Requested
Cost of This Stage of Project
Fund Assistance Requested This Stage
Federal Funds Obligated by This Agreement
Year
1977
Attachments Included
r
LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT
General Provisions
A. Definitions
1, The tam "BOB" as used herein means the .Bureau of Outdoor Recreation, United States Department of
• the Interior.
2. The term "Director' as used herein means the Director of the Bureau of Outdoor Recreation, or any
representative lawfully delegated the authority to act for such Director.
3. The term "Manual" as used herein means. the Bureau of Outdoor Recreation Manual.
4. The term "project" as used herein means that project or project stage which is the subject of this
agreement.
S. The term "State" as used herein moons the State which is a, party to this agreement, and, where
applicable, the political subdivision or public agency to which funds 4re to be transferred pursuant
to this agreement. Wherever a term, condition, obligation, or requirement 'z ...c.,fers to the State,such
term, condition, obligation, al" requirement shall also apply to the recipient political snbdivision
or public agency, except where it is clear from the nature of the term, condition, obligation, or
requirement that it is.to apply solely to the State.
. B. Project Execution
The State shall rerrrt od complete the approved project in accordance with the time schedule set
forth in the project proposal. Failure to render satisfactory progress or to co7plete this or any
other oro,-5ect which is the subject of rederal assistance under this program to the satisfaction of
the Director may be cause for the suspension of all obligations of the United States under this
agreement.
2. Construction contrcted for by the State shall meet the following requiz-ents:
(a) Contracts for ennstrIctic,n in excess of $10,500 shall be awarded through a process of ec,titiv .v
Copies of all bids sod a c',npy of the contract shall be 1--.‘tai..ned for inspection by the
Director.
(h) The State shall inf:,rm all bidders on con7ts for constm..)..7 tire in excess of $10,000 that
Federal funds are being used to assist is cn ,JF,truction.
Wriateh change crises to contracts for construction in excess of $10,000 shall be issued for
all necessary changes in tii fefltty. Such orders shall be made a part of the project file
and shall be kept available for audit,
,-..
(T) The State shall: comnat,--17-43th the 1. ,gulatio
(1944), made Isw —.1ant to 40 B.S.C. Sec '12-76
subcontract a weekly wage paymen statore
this ag ..me -nt by reference.
the Se.7:reta.m, CFI: 3
) (1964), fear: care contractor or
Such regulations are hereby incorporated into
(e) The State sh,311 incorporate,
following provisions:
"During the performance of this contract, thc.. contractor agrees as follows:
"(1) The contractor will not discriminate against coy €Pployee or applicant for employment
because of race, creed, color, or national origin, The contractor will take affirrdtivc
action to ensure that applicants are employed, and that employaes are treated during employment,
without regard to their race, creed, color, or national origin, Such action shall indu0e, but
not be limited to, the following; employnnt, upgrading, demotion or transfer; recruit -rent or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for cmpinynt., notices to be provided by the
contracting officer setting forth the provisions of this nemdiscrimimiLl.:rn clause,
"(2) 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
empinyment without regard to race, creed, color, or national origin.
or cause to be incorporated, into all construction contracts the
'(3) The contractor will send to each
has a collective bargaining agreement
by the agency contracting officer, adv
contrntor's comnitmerts under Section
and shall post copies of the notice in
for empi.ont.
labor union or repreF,eatative of.,workers with which he or other contra ct or understanding, a notice, to be provided
ising the labor union or .,,,nrkers' representative of the 202 of E>:ecutive Order No. 11246 of September 24, 1965,
conspicuous ples available to employees and applicants
• n••N
3, The State shall use any funds receivedby way of advance payment from the United States under the
terms of this agreement solely for the project or project stage herein described.
4. Interest earned on funds granted pursuant to this agreement shall not be available for expenditure
by the State, but shall be disposed of according to instructions issued by the Director.
S. Because one of the basic objectives of the hand and Water Conservation Fund Act is to enhance and
increase the Nation's outdoor recreation resources, it is the intent of the parties hereto that
recipients of assistance will use moneys grunted hereunder for the purposes of this program, and
that assistzce granted From the Fund will result in a net increase ; commensurate at least with the
Federal cost*Iwre, in a purticipantts outdoor recreation. It is intended by both parties hereto
that assistance from the Fund will be added to, rather than rellice or be .i,bstituted for, State and
local outdoor recreation funds,
F. project Termination
1, The State may unilaterally rescind this agreement at any time prior to the commencement of the project.
After project commencement, this agreement may be rescinded, modified, or amended only by mutual
agreement. A project shall be deemed commenced when the .State makes any expenditure or incurs any
obligation with respect to the project.
2. Failure by the State to comply with the terms of this agreement or any similar agreement may be cause
for the suspension of all obligations of the United States hereunder,
3, Failure by the State to comply with the terms of this agreement shall not be cause for the suspension
of all obligations of the United States hereader if, in. the judgment of the Director, such failure
was due to no fault of the State. In such case, any amount required to settle at .,93-1MIIM costs any
irrevocable obligations properly incurred shall be eligible for assistance under this agreement.
4, Because the benefit to be derived by the United States from the full compilance by the State with
the terms of this agreement is the preservation, protection, and the net increase in the quantity and
quality of public outdoor recreation facilities and resources which are available to the people of
the State and of the United States ; and because such benefit exceeds 'Co an immensurable and nnascertaln
able extent the amount of money furnished by the United States by way of assistance under the terms of
this agreement, the State agrees that payment by the State to the united States of an amount equal to
the amount of assistance extended under this agreement by the United States would be inadequate
compensation to the United States for any breach by the State of this agreement, The State further
agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement
shall be the specific performance of this agreement.
F. Conflict of Interests
3_ No official or employee of the State who is authorised in his official capacity to negotiate, make,
accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection
with this project shall have any financial or other personal interest in any such contract or subcontra(
2. No person performing services for the State in connection with this project shall have a financial or
other personal interest other than his employment or retention by the State, in any contract or
subcontract in connection with this project. No officer or employee of such person retained by the
State shall have any financial or other personal interest in any real property acquired for this
project unless such interest is openly disclosed upon the public records of the State, and such officer,
employee or person has not participated in the acquisition for or on behalf of the State.
3. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to
any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a
corporation for its general benefit.
4, The State shall be responsible for enforcing the above conflict of interest provisions,
C. Hatch Act
No officer or employee of the State whose principal employment is in connection with any activity which
is financed in whole or in part pursuant to this agreement shall take part in any of the political actiA/ity
proscribed in the Hatch Political Activity Act, 5 U.S.C. Sec. 118k (1964), with the exceptions therein
enumerated.
H. Financial Records
1. The State shall maintain satisfactory financial accounts, documents, and records, and shall make them
available to the HOP, the Department of the Interior, and to the General Accounting Office for auditing
at reasonable times_ Such accounts, documents, and records shall be retained by the State for three
years following project termination.
1966 - 1976
GPIPbruting 3en lhars Trogress
ON
7-JCI7i'Mr1 !'.30
E Frek
Lewis E. ."
ViceC
Vcint...; M. •
March 14, 1977
R.
Bey J.
Fred L.
Georci ,
Mr. Richard R. Wilcox
Chairman
Planning & Building Committee
Board of County Commissioners
Dear Mr. Wilcox:
The Oakland County Parks and Recreation Commission
was notified on March 2, 1977, that the Phase 11,
Waterford-Oaks development project had been approved
for cost sharing under the Land and Water Conservation
program.
The Parks and Recreation Commission approved referring
this grant to the Board of County Commissioners for
permission to proceed with the construction of this
project. A copy of the Project Agreement is attached
as well as the resolution for the approval of the Board
of County Commj,Ssioners.
Sincerel
R. Eric Reickel
Director
RER:bg
cc: M. Handorf, Director, Planning & Physical Development
ks (1;rovP!and -Oaks independence -Oaks \Waterford - Oaks ° White take - Oaks Springfield -
April 7, 1977 #7915
Moved by Wilcox supported by Fortino the resolution be adopted.
The Vice Chairman announced pursuant to Rule XI-E the matter shall be
laid over to the next Board meeting on April 12, 977,
#7915 April 12, 1977
Moved by Wilcox supported by Fortino the resolution be adopted.
AYES: Price, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino,
Gabler, Kasper, Kelly, Lanni, McDonald, Montante, Moxley, Olson, Patterson, Perinoff,
Pernick. (19)
NAYS: Hoot, Murphy. (2)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #7915 adopted by the Oakland County Board of
Commissioners at their meeting held on April 12, 1977 .....•••• •••••••••••••••••S • ............ • ....... • .... ••••• • ....P••kr wP•••
with the original record thereof now remaining in my
office, and that it is a. true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this.. „1.2.th, ,day of„„81)Tji..
Lynn D. Allen„.„..„.„„..„.„......Clerk
clerk