HomeMy WebLinkAboutResolutions - 2011.04.21 - 18206MISCELLANEOUS RESOLUTION #11071 April 21, 2011
BY: Planning and Building Committee, David Potts, Chairperson
IN RE: WATER RESOURCES COMMISSIONER (WRC) — 2011 ROUGE OAKLAND PUBLIC SERVICE
ANNOUNCEMENTS — 2011 PROJECT GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the United States Environmental Protection Agency's Phase II Storm Water
Regulations ("Phase II") of the Federal Clean Water Act went into effect March 2003; and
WHEREAS, the Phase II regulations mandate that municipalities located within or near an
"urbanized" area must be permitted under the National Pollutant Discharge Elimination System Permit
program; and
WHEREAS, in compliance with the Phase II regulations, the Oakland County Water Resources
Commissioner applied for and received coverage under the Municipal Separate Storm Sewer Systems
Watershed General Permit ("Storm Water general permit") for Oakland County; and
WHEREAS the County of Wayne, through the Rouge River National Wet Weather Demonstration
Project, has offered federal grants to governmental entities for addressing and improving the water quality
of the Rouge River; and
WHEREAS the purpose of the grant is to enable counties and local units of government within the
Rouge River Watershed to educate the public and municipal officials on how to improve the water quality
of the Rouge River; and
WHEREAS public education will assist in restoring the water quality of the Rouge River and other
river systems within Oakland County; and
WHEREAS the Oakland County Water Resources Commissioner has applied for and was
awarded a federal grant reimbursement of $42,000.00 from the County of Wayne; and
WHEREAS the total project cost is $84,000.00 of which $42,000.00 is required from Oakland
County as matching funds; and
WHEREAS the required Oakland County match will be met with $42,000 of donated services; and
WHEREAS no additional Oakland County personnel or funds are required, and all grant funds will
go toward the 2011 Rouge Oakland Public Service Announcements — 2011 Project; and
WHEREAS the United States Environmental Protection Agency (USEPA) has established grant
conditions and regulations that require Oakland County to act as the responsible party with respect to the
grant, including those provisions described within 40 C.F.R. Part 31: and
WHEREAS the USEPA will supervise the grant and grant conditions in order that the grant be
used in accordance with the requirements of the law; and
WHEREAS acceptance of the reimbursement grant does not obligate Oakland County to any
future commitment; and
WHEREAS the grant agreement has been approved through Oakland County's Executive's
Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the interagency agreement (IAA) with the County of Wayne for a grant from the Rouge River
National Wet Weather Demonstration Project and matching contribution from the County in the amount of
$42,000 for the 2011 Rouge Oakland Public Service Announcements — 2011 Project.
BE IT FURTHER RESOLVED that the Water Resources Commissioner is authorized to sign the
grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the
original award, consistent with the grant agreement approved.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING CO ITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward absent.
G • NT REVIEW SIGN OFF — Water Resources Commissioner's Office
GRANT NAME: 2011 Rouge Oakland Public Service Announcements — 2011 Project
FUNDING AGENCY: Wayne County: Rouge River Wet Weather Demonstration Project
DEPARTMENT CONTACT PERSON: Jim Wineka /858-1901
STATUS: Grant Acceptance
DATE: March 23, 2011
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 Sip. 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 (2/7/2011) .
Department of Human Resources:
Approved. —Karen Jones (2/7/2011)
Risk Management and Safety:
Changes per revision #2 approved by Risk Management. — Andrea Plotkowski (3/15/2011)
Corporation Counsel:
There are no outstanding legal issues concerning the above grant. — Joellen Shortley Blaszczak
(2/15/2011)
COMPLIANCE
The grant agreement references a number of specific. federal and state regulations. Below is a list of
these specifically cited compliance related documents for this grant. Please review the Grant Agreement
for additional compliance requirements.
Environmental Protection Agency Uniform Administrative Requirements for Grants and
Cooperative agreements to State and Local Governments (40 C.F.R., Part 31)
http://www.access.zpo.gov/nara/efr/waisidx_07/40efr31_07.html
Section 6.4 of the grant agreement requires Women/Minority Business Enterprise compliance as
follows:
3% Minority Business Enterprise (MBE) 5% Woman Business Enterprise (WBE)
Department of Transportation Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally Assisted Programs (49 CFR, Part 24)
htto://www.access.czpo.govinara/cfr/waisidx 04/49cfr24 04.html
Environmental Protection Agency regulations (40 C.F.R. Part 1)
http://www.access , gip o.aovinaralcfr/waisidx_05/40efr105.html
Title V1 of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d)
htt .://www.usdo ._o-v/crt/coricoordttillevistat.htra
Title VII of the Civil Rights Act of 1964 (P.L. 88-352)
http://www.ceoc.gov/policy/vii.htnil
Department of Justice Nondiscrimination; Equal Employment Opportunity; Policies and
Procedures (28 CFR Part 42) http://www.access.gpo.gov/nara/cfr/waisidx 01128cfr42 01.html
Age Discrimination Act a 1975 42 U.S.C. Sections 6101-6107
ht yfiwww.c//oas re sam/ istatutes/age_act.htm
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
http://www.dol. govio asam/regs/statiites/sec504.htm
The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101)
http: //frwebgate4 . acces s.izp o.govic gi-
bi n/waisgate.c gi?WAIS doc1D=42030427315+0+0+0&WAIS action—retrieve
Michigan Civil Rights Act (1976 P.A. 453)
http://www.legislature.rai.2 ,ov/(S(eavsv4bgOrpdowv1whyly03g))/mileg.aspx?page=getobj ect&objectnam
e=mcl-Act-453-of-1976
Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976"
http://www.legislaturc.mi.gov/(uq31 xgeltmrj5z55z2uiwy45)/mil eg.aspx?page=getobject&objeetname=m
cl-Act-220-of-1976&queryid=14718589
84,000
Task Cost ($)
84,000
42,000
Task Number and
Description
1 - Radio and Cable Public
Service Announcements
Total
Maximum Federal Grant
Funding
Type of Effort:
Planning, Design,
Construction or
Evaluation
Planning/
Implementation
The broadcast cable and radio PSAs are anticipated to run from April -
June and August - October in 2011.
The final project summary report and final reimbursement request will
be submitted no later than the last week of February 2012.
2011 2012
Task Description 2 3 4 5I 8 9 10 11 12 1 2
Task 1 - Cable and Radio PSAs II
4. Project Costs
The total project cost is $84,000 and includes only costs for the PSA
broadcast. No WRC labor or other costs are included in the grant.
Rouge Oakland Public Servic--, i-,nnouncements
Summary Cost Table
5. Local Match
Local match for the project will be provided by donated airtime for PSA
broadcast by the cable and radio contractors.
Rouge River National Wet Weather Demonstration Project
Attachment A: IAA with Oakland County
RXB-07 Subgrant: Rouge Oakland PSAs - 2011
Page 3
ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION PROJECT
ROUGE RIVER GENERAL PERMIT PROJECTS
GRANT AGREEMENT
BETWEEN THE COUNTY OF WAYNE AND
THE COUNTY OF OAKLAND
THIS AGREEMENT is entered into this day of , between the
County of Wayne, Michigan, a body corporate and Charter County ("County") and The County of
Oakland, a Michigan Public Corporation ("Entity").
RECITALS
WHEREAS, the County is the recipient of, and is responsible for the administration of
certain federal grant funds referred to as the Rouge River National Wet Weather Demonstration
Project Grant ("Grant").
WHEREAS, the Linited States Environmental Protection Agency ("USEPA") has established
Grant conditions and regulations that require the County to act as the responsible party with respect
to the Grant, including those provisions described within 40 CFR Part 31.
WHEREAS, the US EPA will supervise the Grant and Grant conditions in order that the
Grant be used in accordance with the requirements of the law.
WHEREAS, the parties have agreed to follow certain administrative procedures and
cooperate on the various tasks to be undertaken in order for the County to comply with the Grant's
requirements and objectives.
WHEREAS, the Rouge River National Wet Weather Demonstration Project ("Rouge
Project") is a comprehensive watershed-wide program addressing wet weather pollution problems
ranging from controlling combined sewer overflows ("CSO") to storm water runoff in the Rouge
River.
WHEREAS, one of the purposes of the Grant is to enable the County and local units of
government within the Rouge River Watershed to evaluate alternative approaches for controlling
sources of water pollution.
WHEREAS, implementing the activities and projects for investigating and controlling CSOs
and sanitary sewer overflows will further the Grant's goal to protect public health and improve water
quality in the Rouge River.
WHEREAS, implementing the National Pollutant Discharge Elimination System (NP DES)
Wastewater Discharge General Permit for Storm Water Discharges from Municipal Separate Storm
Water Drainage Systems (MS4s) — Watershed General Permit (Permit No. MIG619000) or the
NPDES Wastewater Discharge General Permit for Storm Water Discharges from MS4s —
Jurisdictional General Permit (Permit No. MIS049000) ("Storm Water General Permits") issued by
the Michigan Department of Natural Resources and Environment ("MDNRE") for the local unit will
further the Grant's goal to improve water quality and recreational use of the Rouge River.
WHEREAS, illicit discharge elimination, public education and subwatershed management
plan implementation are considered examples of the types of activities included in the Storm Water
General Pen-nits which will assist in restoring the water quality of the Rouge River.
WHEREAS, the Main Rouge Oakland Public Service Announcements - 2011 Project, set
forth in this Agreement would further the goals of the Grant.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties hereby agree as follows:
ARTICLE I
SCOPE OF PROJECT
1.1 The County will provide a portion of the Grant to Entity to enable the Entity to do the
activities described in Attachment "A."
1.2 The budget presented in Attachment "A" along with the scope of work presented in
Attachment "A" specify the performance of the work as anticipated at the time the contract is signed.
1.3 The Entity agrees to submit a Final Project Summary Report at the project end to assist the
County in the grant close-out process. The Final Project Summary Report should generally include:
A. A summarized clear description of the project. In addition to the project description,
the report should include the following: project objectives; major elements of the
project; project products completed (project products are listed in Attachment "A");
and project highlights.
B. Comments on how the completion of this project benefited or is projected to improve
the Rouge River,
C. A written set of recommendations to other local governments and agencies that
evaluates the benefits and cost effectiveness of the project. The evaluation should
consider the total project cost. The recommendations should also summarize how the
project was evaluated and the evaluation results of the effectiveness of the project.
D. Comments on how the results of this project are transferable to other communities or
agencies.
E. List of all task products completed. The list should include the official name of the
products.
ARTICLE 11
SCHEDULE OF WORK
2.1 The time frame for completion of the project milestones is contained in Attachment "A."
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ARTICLE III
FINANCIAL PROVISIONS AND BUDGET
3.1 The detailed budget is contained in Attachment "A" and will be considered an approximation
based on the best information available at the time of this Agreement. The internal distribution of
the monies allocated among project elements may be modified by the Entity up to a total cumulative
transfer among direct cost categories not to exceed 10% of the total budget without written approval
by the County. Other modifications to the budget will be only upon written Agreement between the
County and the Entity.
3.2 The County will provide funds from the Grant to partially fund the approved, allowed, and
eligible costs for activities outlined in Attachment "A." The total amount to be provided by the
County from the Grant for this project shall not exceed $42,000.00. The Entity shall provide a
minimum match of $42,000.00 or 50 percent of approved costs, which may be satisfied by
demonstrating either cash or in-kind services from non-federal sources.
3.3 The County will hold the final 10 to 20 percent of the total federal funds allowable to the
Entity until the completion of the project as identified in Attachment "A" by the Entity. Upon
completion of all the tasks by the Entity, the approval of the Entity's task products by the County,
and the approval of the Entity's submittal of the documentation of the final project cost by the
County, the remaining 10 to 20 percent of the federal funds will be reimbursed to the Entity.
ARTICLE IV
CONTRACT ADMINISTRATION AND PAYMENT
4.1 This Agreement will be administered on a cost reimbursement basis. The Entity shall submit
to the County project status reports and invoices on standard forms provided by the County.
4.2 All reports and invoices shall be submitted at least quarterly, no more than forty (40) days
after each quarter end date. Reimbursements shall not be allowed without a status report submission.
4.3 Invoices must clearly identify:
A. Total program outlays to the date of the invoice;
B. The non-federal share of amount expended;
C. The federal share of amount expended;
D. The federal payments previously received;
E. The reimbursements requested for the billing period;
F. Project work element detail;
G. Project direct costs and outside services;
H. Time sheets for hourly employees and labor distribution sheets for salaried
employees; and
1. Documentation of all contractor costs.
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4.4 The invoices must be certified for completeness and correctness by an appropriate Entity
official.
4.5 All invoices will be paid by the County within thirty (30) days of receipt of funds from the
USEPA.
4.6 The Entity will provide documentation to the County that demonstrates compliance with
federal and state regulations before payments will be processed. The Entity will prepare all cost
estimates for implementation of the planned activities, including a breakdown of eligible and
ineligible cost items, with respect to grant funding. These cost estimates will be provided in a format
to be established by the County.
4.7 The Entity will exercise the necessary contract oversight and administration of any
subcontracts. These duties include, but are not limited to construction inspection and negotiating
and executing change orders (where construction is to occur), monitoring project progress,
responding to subcontractor or citizen complaints, coordinating between different subcontracts, and
overseeing subcontractors' compliance with the approved project plans and specifications. These
activities are to be done in accordance with procedures established by the Grant and by 40 CFR Part
31.1, et seq.
4.8 All reports, invoices, and work products required under this Agreement will be transmitted to
the Director of Water Quality Management Division, Department of Public Services, Wayne County,
care of Mr. Razik Alsaigh, 400 Monroe Street, Suite 400, Detroit, Michigan 48226.
ARTICLE V
AUDIT AND ACCESS TO RECORDS
5.1 The Entity will maintain and retain financial records and supporting documentation in
accordance with generally accepted accounting procedures and in accordance with the requirements
of federal and state regulations.
5.2 The Entity will cooperate with and assist the County with respect to federal or state audit
review related to the use of Grant funds. This cooperation shall include preservation of the necessary
documentation and access to the records until federal and/or state audit resolution processes have
been completed and notification of records disposal has been received by the County. The Entity
will cooperate with the County with respect to evaluating audit findings of this Agreement.
5.3 The Entity will be responsible for the reimbursement of any funds required to be returned to
the US EPA due to Entity actions or omissions, as determined by audit findings, and hold the County
harmless from any repayment therefrom.
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ARTICLE VI
GENERAL PROVISIONS
6.1 This Agreement is expected to be funded in part with funds from the USEPA. The Entity
will not enter into any agreements with either the United States or any of its departments, agencies,
or employees, which are or will be a party to this Agreement or any lower tier sub-agreement for
monies related to this specific project. This Agreement is subject to regulations contained in 40
CFR. § 31 in effect on the date of the assistance award for this project.
6.2 The Entity understands that the County has no funds other than the Grant funds to pay for the
project costs. All costs other than the Grant funds associated with the activities which are the subject
matter of this Agreement will be the responsibility of the Entity.
6.3 The Entity will cooperate with the County to ensure timely completion of the tasks
undertaken as part of the project. Cooperation includes, but is not limited to sharing information and
records, participation in applicable committees, and assisting in development and evaluation of water
quality improvement alternatives.
6.4 The Entity warrants that it will comply with the provisions of 40 CFR § 31 and, as
applicable, all provisions contained in the Grant. In the event there are any conflicts between the
provisions of this Agreement and the terms of the Grant, the Grant terms will prevail. The fair share
goals for the Grant as identified in that letter are as follows:
3% Minority Business Enterprise (MBE) 5% Woman Business Enterprise (WBE)
6.5 The Entity is responsible for securing all necessary permits from regulatory agencies and is
responsible for obtaining any professional services necessary for the project activities. The Entity
will act at all times in accordance with applicable federal, state, and local regulations, and will secure
any permits and negotiate the terms of agreements in accordance with those requirements.
6.6 If the Entity secures any interest in lands, including easements, these acquisitions will be in
accordance with applicable federal law and regulations including 49 CFR, Part 24 and state statutes
related to the taking of interests in land.
6.7 With respect to construction projects, the Entity is responsible for conducting post-project
evaluation and certifying that any construction meets the approved design criteria. These
certifications will be submitted to Wayne County and the USEPA and MDNRE, where appropriate,
in accordance with the Grant requirements and applicable regulations. If the project does not meet
the design criteria, the Entity will be responsible for taking the necessary corrective measures.
6.8 The ownership of any facilities and/or infrastructure constructed and/or improved under this
Agreement will remain with the Entity, The Entity agrees to operate and maintain the facility and/or
infrastructure constructed and/or improved under this Agreement consistent with the Grant project
goals and in accordance with the Grant conditions and requirements of applicable federal, state, and
local ordinances, statutes and regulations.
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6.9 The Entity warrants that it will comply with the provisions of 40 CFR Part 31.32 relating to
any equipment including computers and peripheral computer equipment purchased as part of this
Grant assistance project.
6.10 Any amendment to this Agreement must be in writing, and signed and acknowledged by a
duly authorized representative of each party.
6.11 The Entity warrants that it will comply with the provisions of 40 CFR Part 31.36(d) relating
to procurement of services as part of this Grant assistance project. For construction contracts the
Entity shall use bid type contracts. For consulting contracts, the Entity shall use any of the four
procurement procedures in the 40 CFR Part 31. For most of the consulting contracts, the RFQ or
RFT procurement procedure is the applicable one. The selection of the consultant can be based on
qualification or on qualification and cost proposal. Upon consultant selection, procurement
documentation must be submitted to the County. The procurement documentation should include:
a. Rationale for method of procurement;
b. Copy of advertisement, where it was published and for how long;
c. Number of proposals received;
d. Description of selection process (e.g., pre-established criteria of qualification, cost, or
both); and
e. Selection of type of contract to be used.
6.12 The Entity warrants that it will comply with the provisions of 40 CFR § 31.36(f) relating to
contract cost or price of services as part of this Grant assistance project. Price/cost analysis must be
performed by the Entity prior to award of any type of contract. The selected contractor must submit
a cost proposal to the Entity, with cost identified by task. The cost proposal should consist of the
following categories:
a. Direct labor (with backup that establish this cost (hours and personnel));
b. Overhead (backup to establish this rate);
c. Other Direct Expenses (backup to establish this item);
d. Subconsultant;
e. Subconsultant Administrative Charge (if applicable);
f. Total; and
g. Fee (Fixed for a fixed fee contract).
The cost analysis consists of the Entity determining the reasonableness of the selected contractor's
proposed cost (i.e., is the allowable overhead rate used, are correct pay rates used for employees, are
expense charges accurate). Price analysis consists of the Entity comparing proposed prices received
with other proposals submitted for this job, an independent estimate from the Entity's experience or
cost estimate from existing master plan. Copies of price/cost analysis documentation should be
submitted to the County. After completing the price/cost analysis, any type of the contracts indicated
below can be executed:
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a. Cost plus fixed fee contract;
b. Fixed price (lump sum) contract;
c. Catalog price contracts (e.g., geotechnical investigations where the price of the tests are
established in the market); or
d. For certain contracts where the above types are not applicable, the County will allow
contracts with proscribed billing rates (per diem contracts), which establishes pay rates for
professional categories (e.g., Engineer I, Engineer II, Project Engineer, Field Technical Help,
etc.).
These above types of contracts are applicable for the main contractor and for sub-contractors. "Cost
plus a percentage of cost" and "percentage of construction cost" methods of contracting shall not be
used.
ARTICLE VII
WAIVER OF BREAST!
7.1 No failure by a party to insist upon the strict performance of any term of this Agreement or to
exercise any term after a breach, constitutes a waiver of any breach of the term. No waiver of any
breach affects or alters this Agreement, but every term of this Agreement remains effective with
respect to any other existing or subsequent breach.
ARTICLE VIII
TERMINATION
8.1 This Agreement will terminate after the final audit and final resolution of any issues related
thereto as described within 40 CFR Part 1, Subpart D.
8.2 This Agreement may be terminated in whole or in part in writing by the County for its
convenience and/or if the Entity does not remain a Member in good standing (if eligible) or
Cooperating Partner of the Alliance of Rouge Communities (ARC), for any reason for the duration of
this Agreement. The Entity must be given: (1) not less than thirty (30) calendar days written notice
of intent to terminate; and (2) an opportunity for consultation with the County prior to termination.
8.3 This Agreement may he terminated in whole or in part in writing by the Entity for its
convenience. The County must be given: (1) not less than thirty (30) calendar days written notice of
intent to terminate; and (2) an opportunity for consultation with the Entity prior to termination.
8.4 If termination is effected by the County or the Entity, an equitable adjustment in the
Agreement price will be made. The equitable adjustment for any termination will provide for
payment to the Entity for services rendered and expenses incurred prior to termination. Equitable
adjustment also will include termination settlement costs reasonably incurred by the Entity and
approved by the County, relating to personnel hired specifically for activities related to this
Agreement, provided such costs are eligible and allowable under the terms of the Grant.
8.5 Upon receipt of a termination notice pursuant paragraphs 8.2 or 8.3, above, the Entity will:
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(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or
otherwise make available to the County all data, drawings, specifications, reports, estimates,
sunu-naries, and such other information and materials as may be accumulated by the Entity in
performing this Agreement, whether completed or in process.
8.6 Upon termination pursuant to paragraphs 8.2 or 8.3, above, the County may take over the
work and prosecute the same to completion by Agreement with another party or otherwise.
8.7 All notices of termination will be sent certified mail, postage prepaid and return receipt
requested as follows:
If to the County:
Attn.: Director, Water Quality Management Division
Wayne County Department of Public Services
400 Monroe, Suite 400
Detroit Michigan 48226
If to the Entity:
Attn.: Environmental Team Supervisor
Oakland County Water Resources Commissioner's Office
One Public Works Drive, Building 95 West
Waterford, MI 48328
ARTICLE IX
LIABILITY
9.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of
activities of the Entity will be the sole responsibility of the Entity and not the responsibility of the
County. Nothing herein will be construed as a waiver of any governmental immunity by the Entity,
its agencies, or employees have as provided by statute or modified by court decisions.
9.2 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of
activities of the County will be the sole responsibility of the County and not the responsibility of the
Entity. Nothing herein will be construed as a waiver of any governmental immunity by the County,
its agencies, or employees have as provided by statute or modified by court decisions.
9.3 The provisions of Article IX shall survive the expiration or any termination of this
Agreement for a period of three (3) years.
ARTICLE X
INSURANCE
10.1 The Entity, at its expense, must maintain during the term of this Agreement the following
insurance, of program of self-insurance:
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A. Workers' Compensation Insurance which meets Michigan statutory requirements.
B. General Liability and Professional Liability/Errors and Omissions self-insurance
program to cover all claims that may arise out of the Entity's operations or actions under
this Agreement.
C. Commercial Automobile Liability Insurance (including hired and non-owned vehicles)
with minimum combined single limits for bodily injury and property damage of One Million
Dollars ($1,000,000.00) per occurrence.
10.2 The insurance must be effected under valid and enforceable policies as permitted pursuant
to Michigan law. The insurance coverage shall not be canceled or materially changed without at least
thirty (30) days prior notice from the Entity to the County. The Entity shall provide certificates of
insurance and/or self-insurance upon request of the County.
ARTICLE XI
NON-DISCRIMINATION
11.1 In connection with the performance of project services under this Agreement, the Entity must
comply with:
A. Titles VI and VII of the Civil Rights Act (42 U.S.C. §§ 2000d et. seq.) and the
United States Department of Justice Regulations (28 C.F.R. Part 42) issued
pursuant to those Titles.
B. The Age Discrimination Act of 1985 (42 U.S.C. §6101-07).
C. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794).
D. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) and its
associated regulations.
E. The Michigan Civil Rights Act (P.A. 1976 No. 453) and the Persons With
Disabilities Civil Rights Act (P.A. 1.976 No. 220).
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F. The anti-discrimination provisions of the Wayne County Code governing "Ethics
in Public Contracting."
11.2 Entity must notify any contractor of the obligations relative to non-discrimination under this
Agreement when soliciting the contractor. Entity will include the provisions of this Article in any
subcontract agreement.
11.3 The Entity is responsible for complying with all federal and state laws and regulations
regarding competitive bidding.
ARTICLE XII
ASSIGNABILITY
12.1 This Agreement will be binding upon and inure to the benefit of the parties hereto and their
respective heirs and assigns.
12.2 Neither of the parties hereto may assign this Agreement without the prior written consent of
the other.
ARTICLE XIII
VALIDITY
13.1 If any provision of this Agreement or the application to any person or circumstance is, to any
extent, judicially determined to be invalid or unenforceable, the remainder of the Agreement, or the
application of the provision to persons or circumstances other than those as to which it is invalid or
unenforceable, is not affected and is enforceable, provided the invalid provision does not
substantially alter the Agreement or make execution impractical.
ARTICLE XIV
ENTIRE AGREEMENT
14.1 This document, including any attachments, contains the entire Agreement between the
parties.
14.2 Neither party has made any representations except those expressly set forth herein.
14.3 No rights or remedies are, or will be acquired, by either party by implication or otherwise
unless set forth herein.
ARTICLE XV
PATENTS, COPYRIGHTS, AND RIGHTS IN DATA
15.1 If this Agreement involves research, developmental, experimental, or demonstration work
and any discovery or invention arises or is developed in the course of, or under this Agreement, the
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Entity and the County shall retain joint authority to patent or license.
15.2 The parties agree that any plans, drawings, specifications, computer programs, technical
reports, operating manuals, and other work submitted, or which are specified to be delivered under
this Agreement, or which are developed or produced and paid for under this Agreement are subject to
the rights of both parties and both parties shall retain an irrevocable license to reproduce, publish and
use in whole or in part and to authorize others to do so.
15.3 This Agreement is funded in part by the USEPA and is therefore subject to the reporting and
rights provisions of 40 CFR Part 30 Subpart D including Appendix B and Appendix C.
15.4 This clause shall be included in all subcontracts.
ARTICLE XVI
JURISDICTION AND GOVERNING LAW
16.1 This Agreement, and all actions arising from it, must be governed by, subject to, and
construed according to the law of the State of Michigan.
ARTICLE XVII
EFFECTIVE DATES
17.1 This Agreement becomes effective and shall allow for billing of costs incurred immediately
upon signing by both parties. This Agreement, unless extended by mutual written agreement, expires
on February 28, 2012. Should the USEPA require reimbursement by the County of funds
transferred to the Entity for costs incurred prior to this Agreement, the Entity shall be responsible for
any such reimbursement.
17.2 This Agreement may be executed in counterparts, each of which will be deemed an original
but all of which together will constitute one Agreement.
ARTICLE XVIII
PARTY REPRESENTATIVES
18.1 The County's representative for this Agreement is the Director of Water Quality Management
Division, Department of Public Services, Wayne County. The Entity representative for this
Agreement is the City Engineer for City of Oakland County Water Resources Commissioner's
Office. Either party may assign alternate representatives upon written notification of the other party.
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By: By:
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed on the date
first above written.
COUNTY OF WAYNE, MICHIGAN COUNTY OF OAKLAND, MICHIGAN
ROBERT A. FICANO
Its: Wayne County Executive Its:
12
Attachment A
kuuge Public Service Announcements - 2011
RXB-07 Subgrant
On;-:IE-Lncl County Water Resources Ccimmissioner
1. Project Purr se and Objectives
This project is an educational program to educate residents about
storm drains. The messages will include the link between homeowners'
actions and the quality of our local lakes, rivers and streams, as well
as how our local lakes, rivers and streams are connected to the Great
Lakes. The project will include broadcast of public service
announcements on television and radio. The effort will be coordinated
with the Southeast Michigan Partners for Clean Water, Wayne County
Department of Public Services and the Alliance of Rouge Communities
- Public Involvement and Education Committee.
Experience in the Rouge River Watershed has shown that the most
cost-effective way for communities to meet the goals of the storm
water permit is to work together. This is especially true for public
education activities. Consistent messages and tools allow communities
to most cost-effectively educate the public.
Consistency with the Goals of the Rouge Project
This project is consistent with the goals of the Rouge Project. It will
educate the public about the impact of their actions and the role they
play in protecting and restoring the Rouge River Watershed.
Consistency with the Watershed Management Plan Goals
The project is consistent with Goal III - Educate the Public to Become
Watershed Stewards of the proposed Rouge River Watershed
Management Plan Update.
Consistency with Oakland County's SWPPI
Oakland County has developed a Public Education Plan (PEP) that
outlines public education goals and messages that must be
communicated under the requirements of the Phase II regulations. The
PEP describes existing and future Oakland County efforts to achieve
these goals. It was developed in coordination with other permittees
and agencies. The elements of the Oakland County PEP have been
incorporated into the Storm Water Pollution Prevention Initiative
(SWPPI). The Rouge Oakland Public Service Announcement project is
Rouge River National Wet Weather Demonstration Project
Attachment A: IAA with Oakland County
RXB-07 Subgrant: Rouge Oakland PSAs - 2011
Page 1
consistent with Goal 7 of the Oakland County SWPPI - Educate the
Public about their Role in Protecting Water Quality.
2. Task Descriptan
The project contains one task: Cable Television and Radio Public
Service Announcements.
Task 1 - Cable Television and Radio Public Service
i:.nnouncements
The Oakland County Water Resources Commissioner (WRC) will
broadcast public service announcements (PSAs) on cable and radio
similarly to efforts under previous Rouge Project funding. The intent is
to broadcast messages in the spring and fall of 2011. The target
audience is weekend do-it-yourselfers so the cable stations are
selected to best capture that audience. Stations used in the previous
Rouge Project funding included ESPN, TNT, FX, Headline News and
others.
The spots are planned to focus on storm drain awareness. The
messages will include the link between homeowners' actions and our
local lakes and streams and also how our local lakes, rivers and stream
are connected to the Great Lakes.
WRC has contracted with Mort Crim Communications, Inc. (MCCI)
under the previous Rouge Project funding to broadcast PSAs on cable
and radio. WRC will extend this agreement for this subgrant. The radio
and cable contractors will provide airtime as the local match for the
project. SEMCOG do not have plans for PSA broadcast in 2011.
Deliverables:
The final project summary report will identify the announcements used
summarize the number of times the announcements were played. The
final project summary report will be provided in both electronic and
paper formats.
3. Project Schedule
WRC plans to extend the current advertising contract with Mort Crim
Communications in the fourth quarter of 2010 to first quarter of 2011.
Rouge River National Wet Weather Demonstration Project
Attachment A: IAA with Oakland County
RXB-07 Subgrant: Rouge Oakland PSAs - 2011
Page 2
FISCAL NOTE (MISC. #11071)
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER (WRC) - 2011 ROUGE OAKLAND PUBLIC
SERVICE ANNOUNCEMENTS - 2011 PROJECT - 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. The Rouge Oakland Public Service Announcements project is to
enable Oakland County and local units of government to educate
the public and municipal officials on improving the water
quality of the Rouge River and other river systems within
Oakland County.
2. The Rouge Oakland Public Service Announcements project was
awarded a Federal grant reimbursement from the County of Wayne
in the amount of $42,000 and Oakland County will match the
funds by 50%, or $42,000 for a total project cost of $84,000.
3. This is a one-time grant and therefore indirect costs for this
particular grant were not calculated in the County's indirect
cost plan.
4. The County match will be met by in-kind services from
documented donations of airtime for public service
announcements broadcasted by cable and radio contractors.
5. No additional General Fund Monies are required.
6. The budget is amended to recognize the reimbursement for the
grant.
Rouge Oakland Public Service Announcements Project Fund 29473 (Project
GR0000000551 Activity PSA)
Revenue FY 2011
6010101-174452-610313 Federal Operating Grants $42,000
Total Revenue $42,000
Expense
6010101-174452-730555 Education Programs
Total Expense
$42,000
$42,000
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
I HEREBY APPROVE THEfOREGOI VG RESOLUTION
Resolution #11071 April 21, 2011
Move by Covey supported by Long the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic, Covey. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 April 21, 2011, with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 21st day of April, 2011.
ELLE e u_ka_e_,J )4.
Bill Bullard Jr., Oakland County