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HomeMy WebLinkAboutResolutions - 2011.04.21 - 18210MISCELLANEOUS RESOLUTION #11075 April 21, 2011 BY: Planning and Building Committee, David W. Potts, Chairperson IN RE: Planning & Economic Development Services Division - 2011 Great Lakes Restoration Initiative (GLRI) Tree Enhancements in Priority Urban Areas — Grant Acceptance To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Southeast Michigan Council of Governments (SEMCOG) has awarded the Planning & Economic Development Division grant funding in the amount of $100,000 for the period of January 1, 2011 through December 31, 2012; and WHEREAS this is a pass through of funds received by SEMCOG from the US Department of Agriculture Forest Service 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 S15,000 of in-kind match; and WHEREAS this grant is to be used to identify priority tree planting areas, develop landscaping plans and plant trees in the Rouge Watershed within Oakland County; 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 County in-kind match of $15,000, for the period of 1/1/2011 through 12/31/12. 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. BE IT FURTHER RESOLVED that the grant requirement to put the following statement in any materials developed with federal funding: "In accordance with Federal law and U. S. Department of Agriculture policy this institution is prohibited from discriminating....." is understood to apply only to federal funding provided under the GLRI Tree Enhancement grant. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING AND BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Potts absent. RA NT REVIEW SIGN OFF — Planning & Economic Development Services Division GRANT NAME: 2011 Great Lakes Restoration Initiative (GLRI) Tree Enhancements in Priority Urban Areas FUNDING AGENCY: Southeast Michigan Council of Governments (SEMCOG) (pass through from the US Department of Agriculture Forest Service) DEPARTMENT CONTACT PERSON: Bret Rasegan 8-5445 STATUS: Grant Acceptance DA'I'E: April 1,2011 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 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 RENIIEW Department of Management and Budget: Approved. Laurie Van Pelt (3/15/2011 ) Depai Intent of Human Resources: Approve. — Karen Jones (3/23/2011) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (3/23/2011) Corporation Counsel: We attempted to get clarification from SEMCOG on my one issue of concern with the Great Lakes Tree Grant.. As you are aware, SEMCOG has not been able to do this yet. Although it is preferable to modify the grant language, this may not happen in time for the BOC Committee meeting. As an alternative, I provided the language below to put in the BOC Resolution to address my concerns. As long as this language is in the approved Resolution, my legal concerns will be addressed. It is my understanding Planning will add the language below to the Resolution for the BOC to review. BE IT FURTHER RESOLVED that the grant requirement to put the following statement in any materials developed with federal funding: "In accordance with Federal law and U. S. Department of Agriculture policy this institution is prohibited from discriminating....." is understood to apply only to federal funding provided under the GLR1 Tree Enhancement grant. — Joellen Shortley Blaszczak (4/1/2011) COMPLIANCE The grant agreement references a number of specific federal and/or state regulations. Please review the grant agreement documents for specific compliance regulations related to this grant. SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS OAKLAND COUNTY PASS THRU AGREEMENT BETWEEN OAKLAND COUNTY AND SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) PASS THRU FUNDING PROJECT INFORMATION Grantor: U.S. Department of Agriculture Forest Service Funding Source: 10.675 Urban and Community Forestry Program Project: GLRI: Tree Enhancements in Priority Urban Areas Project Period: 1/1/2011 thru 12/31/2012 $100,000 SEMCOG Grant ID: GLR I 1 SEMCOG Project No: 11368 SEMCOG is the primary recipient of federal funds while Oakland County is a pass-thru partner on this project. The purpose of this contract is to pass thru funds for the GLR1: Tree Enhancements in Priority Urban Areas project. By signing this contract Oakland County is agreeing to the Federal requirements set forth by the U.S. Department of Agriculture Forest Service Division and the role of the pass thru partner as set forth in the project Scope of Work. By (Signature) (Signature) Title Title Date Date PROJECT APPLICANT & PROJECT TITLE Southeast Michigan Council of Governments (SEMCOG) Tree Enhancements on Publiclp-Owned Priority Urban Areas PROJECT LOCATION U.S. EAB Communities Congressional Watershed /Counties Districts in State Quarantined of Michigan Area Rouge River Watershed City of Detroit Oakland County 9, 11, 12, 14, 15 www. all ianceo fro ugecom m uniti com Wayne County Ecorse Creek Watershed www.allianceofdownriverwatersheds.com Wayne County 13 14, 15 Combined Downriver Watershed www.aihanceofdownriverwatersheds.com Wayne County 14, 15 V PROGRAM AREAS This project application includes requests for federal funding under Restore Urban and Community Forests. PROJECT LEAD Jody Egelton, Finance Manager Southeast Michigan Council of Governments 535 Griswold, Suite 300 Detroit, Michigan 48226 Phone: 313-324-3423 Fax: 313-961-4869 Email: EQ-elton(d)serricm.orp FEDERAL FUNDING REQUESTED: $363,048 PRINCIPAL STATE CONTACT Ms. Cara Boucher Michigan Department of Natural Resources and Environment PO Box 30452 Lansing, M1 48933 Phone: 517-373-1246 houcherc(michigan.gov RECIPIENT OF FUNDS SEMCOG is the primary recipient of federal funds while Oakland County, Wayne County and City of Detroit are pass-through partners on this project. Their respective roles are described under Partners. Recipient of Funds Jody Egelton, Finance Manager Southeast Michigan Council of Governments 535 Griswold, Suite 300 Detroit, Michigan 48226 Phone: 313-324-3423 Fax: 313-961-4869 Email: EgeitonsetncOg.org PARTNERS Federal Funding $100,000 Partner Federal Funding Role in the Project City of Detroit 1) Participation in Advisory Bradley Dick, Deputy Director $100,000 I Committee General Services Department 2) Selection of Alternative Scenarios for Analysis Wayne County $63 , 048 3) Review Data Analysis Noel Mullett 4) Finalize Locations De artment of Public Services 5) Develop Landscape Planting Plans Oakland County 6) Implement Tree Planting 1 Bret Rasegan, $100,000 7) Participate in Workshop Planning & Economic Dev. PROJECT DURATION This is a two year project beginning at project award, ABSTRACT Green infrastructure is a regional priority for Southeast Michigan to achieve delisting beneficial use impairments, removing established total maximum daily load designations and restoring urban ecosystems and streams that directly affect the Lake Erie watershed. The project focus is to utilize the recently completed land cover inventory by analyzing alternative scenarios on the documented priority areas, publicly-owned properties. The analysis will optimize tree planting locations based on environmental outcomes. Project partners will develop landscape planting plans and install approximately 1,385 trees over a two-year period. The number of trees planted will be complimented by the estimated environmental benefits, including stormwater runoff volume and pollutant loading reductions, air pollutant reductions and estimates of carbon storage and sequestration. SCOPE OF WORK Project Narrative This project includes implementation of recommendations outlined in existing management plans that are guiding the restoration of the Rouge River, Ecorse Creek and Combined Downriver Watersheds, Specific objectives include benefit analysis and installation of approximately 1,385 trees to work towards strategic restoration of priority urban ecosystems while also enhancing and protecting wildlife habitat. CITYgreen© or i-Tree will be used as a tool to refine priority areas by evaluating various scenarios for increasing tree canopy and optimizing the benefits across the watershed, Priority areas include publicly-owned property such as roadways, municipal facility properties. Relationship to Existing Plans This project works towards meeting the priorities of plans both at the national, regional and local level. Great Lakes Restoration Initiative Action Plan (GLRI) • Focus Area 3 Nearshore Health and Nonpoint Source Pollution— 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 Nearshore Health and Nonpoint Source Pollution — 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 Habitat and Wildlife Protection and Restoration — Goal 4: High priority actions identified in strategic plans (such as state andfederal 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. Great Lakes Regional Collaboration Strategy to Restore and Protect the Great Lakes (Strategy) This project demonstrates the consistency with this Strategy in the following ways: • Working towards delisting of BUIs in the the Rouge and Detroit River AOCs, including Degradation of Benthos, Eutrophication, Beach Closings, Degradation of Aesthetics, Degradation of Fish/Wildlife Habitat Populations, and Loss of Fish and Wildlife Habitat. • Improving flow regimes to meet sediment reduction goals and restore sustainable biological communities. Delisting Targets for Fish & Wildlife Habitat & Population Beneficial Use Impairments for the Rouge River Area of Concern Priorities established to work towards delisting of these two (2) beneficial use impairments (BUIs) and the degradation of benthos BUI include increasing green infrastructure, including tree planting, across the AOC by initially focusing on public property such as parkland, school properties, impervious areas such as parking areas and roadways and public facilities. This not only will make significant progress towards delisting these BUN, but significant progress will also be made towards removing the degradation of benthos BUI and the biota total maximum daily load in the Rouge River Watershed. Rouge River Watershed Management Plan The Alliance of Rouge Communities established a short-term (3-5 year) target of reducing stormwater runoff volume by I% or 3 million cubic feet. Stormwater runoff volume is a priority stressor in this watershed due primarily to the increase in impervious surfaces (gray infrastructure) and reduction in natural features (green infrastructure). Mechanisms to achieve the volume reduction targets are already being implemented and would be complemented in this project. They include installation of green infrastructure techniques such as grow zones and tree plantings. Similar to the delisting targets described previously, initial priorities focus on publicly-owned properties, including parks, municipal facilities and roadways. Alternative Rouge River ('SO Control Program Executive Summary Numerous cities across the country are implementing green infrastructure as part of or in addition to approved long-term combined sewer overflow control plans. The City of Detroit, in partnership with SEMCOG, conducted an evaluation of the benefits of green infrastructure to the Rouge CSO system. Using CITYgreenC as the analysis tool and data previously obtained through the Urban Ecosystem Analysis SE Michigan and City of Detroit, estimates of stormwater runoff volume reduction on the order of 20% due to implementation of green infrastructure were determined. This includes an increase in tree canopy of approximately 5% across the 37.5 square-mile area. Priority areas in this CSO area include, similar to other plans described above, municipally- owned properties with a focus on under-utilized parks, roadways and open spaces. In addition to these areas, the City will also focus on removing vacant structure and replacing with pervious land cover, including trees. Ecorse Creek and Combined Downriver Watershed Management Plans Similar to the Rouge River Watershed, these adjacent watersheds, managed through the Alliance of Downriver Watersheds, are highly urbanized with storrnwater runoff flow/volume also identified as a priority stressor. Both of these watershed management plans have identified pursuing a 5% reforestation goal across each watershed, respectively, which equates to converting approximately 1,600 acres of impervious and turf land cover areas to tree canopy. Stormvvater runoff volume reductions are estimated between 2 and 3 million cubic feet. hese watershed management plans as well as the Lower Huron River watershed management plan are currently being updated and are expected to identify more aggressive and/or specific reforestation and tree canopy goals. Project Tasks Task _Project Management, Team Meetings and Transferability/Outputs Intermediate Milestones & Deliverables: Meeting summaries from the Advisory Commmittee meetings; Presentations and evaluations from the workshop, semi-annual status reports; intermediate report on scenario analysis and site selection; final report to include model results, environmental benefits and outcomes achieved from each of the program areas. SEMCOG, as the applicant, has responsibility for project oversight and completion, coordination with US Forest Service representatives and completion of all reporting requirements. SEMCOG will form an Advisory Committee for oversight and technical support. Representatives will include the county and City of Detroit subrecipients, State of Michigan Forester, local US Forest Service representative and local watershed representatives. Four meetings are anticipated of this group. SEMCOG will develop a Green Infrastructure: Using Trees to Restore Priority Areas workshop geared towards training municipal, county and state road agency staff on the process of selecting planting areas on public properties, quantifying benefits such as economic values, stormwater runoff quantity and quality and air quality. In addition, stressing the importance of both short- and long-term maintenance practices will be an important component of this workshop. Outputs of this project include, at a minimum, number of native, non-EAB host trees planted and specific landscape priority locations, acres of habitat created and diversity of native vegetation installed. In addition, long- term outputs estimating stormwater runoff volume reduction, pollutant loading reduction, carbon storage and sequestration will he provided. Quantifying the connection of these outputs to meeting the targets identified in the above described plans will be included in the final report, Task 2. Land Cover Analysis Intermediate Milestones & Deliverables: Intermediate report on scenario analysis and site selection; final report to include model results, environmental benefits and outcomes achieved from each of the program areas. CITYgreene, an analysis tool developed by American Forests, or i-Tree will be utilized in two stages of this project. First the recently completed baseline land cover inventory for the Rouge River Ecorse Creek and Combined Downriver Watersheds will be utilized to identify those publicly-owned priority landscape areas. Using this information, scenarios for tree canopy cover will be developed by the Advisory Committee and SEMCOG will model the given scenarios on the priority areas. Results will be tabulated and the Advisory Committee will utilize the results to make final determinations on tree planting locations. Secondly, it will be used to analyze the environmental benefits of the tree plantings. These benefits include estimates of stormwater runoff volume and pollutant loading reduction, air pollution removal, including carbon monoxide, ozone, nitrogen dioxide, particulate matter and sulfur dioxide. Finally, the analysis will also include an economic value of the trees based on a savings in stormwater storage. Task 3. Project Design & Construction Intermediate Milestones and Deliverables: Landscape planting plans, construction specifications and applicable construction inspection and maintenance reports from each partner. The project partners, including the City of Detroit, Wayne County and Oakland County, will oversee and develop their respective landscape planting plans. The planting plans will include specifications for plant selection, planting and maintenance. All plant material purchased for this project will meet the American Standard for Nursery Stock (ANSI Z60.1), Tree planting and maintenance will also follow the standards described in "Principals and Practices for Planting Trees and Shrubs", International Society of Arboriculture. Project construction and implementation will include installation of approximately 1,385 trees across the Rouge River, Ecorse Creek and Combined Downriver Watersheds. TIME LINE Intermediate steps and milestones described in Project Tasks above. Shaded areas correspond to timeframes for tasks and deliverables previously described. ! 1 s1 Qtr 2-5 quarters 6-9 quarters i Jan- Apr- Jul- Oct- Jan- Apr- Jul- Oct- Mar Jun Sep Dec Mar Jun Sep Dec Task 1. Project Management, Advisory 7-1 Committee Team Meetings, Transferability/Outputs Task la. Project Management Task lb. Advisory Committee Task ic. Transferability/Outputs Task 2. Land Cover Analysis I I Task 1 Project Design & Construction Task 3a. Develop landscape plans L , Task 3h. Project implementation i BUDGET Table 1: Total Budget Li 11 i Categorie Cooperator's Share foto/ 1. Personnel $37,303 $37,303 2. Fringe benefits ' $20,517 $20,517 _ 3. Travel $1,275 S1,275 5. Other (identify)l $268 Wayne County: $5f I1. oak and County: . , 048 $15 000 $339,340 6. Indirect Costs $35,905 $35,905 7. Total Costs $363,048 $71,292 $434,340 Table II: Leveraged Contributions from Cooperators Oakland County $15,000 Wayne County $56,292 Totals 1 $71,292 in-kind services used to leverage the requested federal funds. 'Federal funds requested consist of: $363,048 from Restore Urban & Community Forests. These federal funds are leveraged through the cooperator's share of $71,292. The pass through recipients will utilize the federal funding for purchase and installation of trees. State Forester's Signature: ATTACHMENT 1 ALLIANCE OF DOWNRIVER WATERSHEDS & ALLIANCE OF ROUGE COMMUNITIES 2008 Land Cover LEG 1,2,1 1 1 0 1 0 11 PienitieWWW- ,F.:SYnaps.,,,a^xisirAKE.,7120C.20,1*Igoi 4.0010 Watmlied bounrialY • ••• •• River or Aiordine • Lake boundary boundm, Land ..:.0001 1.•1•Worty vegetation Non-Woody Vegetation Inweevious Bare ter area FEDERAL REQUIREMENTS U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE GLRI: TREE ENHANCEMENTS IN PRIORITY URBAN AREAS The following is a list of Federal requirements set forth by the U.S. Department of Agriculture Forest Service Division. Per the statement on "Flow-down" contained in this list of requirements, many of the Federal requirements flow down to pass thru partners when the primary recipient provides funds. In this case, SEMCOG is the primary recipient of this award passing federal funds onto you the pass thru partner. Since some of the Federal requirements are time sensitive, SEMCOG needs to receive reports from you in enough time to forward them onto the USDA so we have written language into a few of these Federal requirements which allows us to adhere to the Federal due dates. The Great Lakes Restoration Initiative funding requires special reporting and posting of signs as appropriate. Please refer to the paragraphs below entitled "Billing and Reporting Requirements" and "Signage" for specific direction. AUTHORITIES 10, 675 Urban and Community Forestry Program Cooperative Forestry Assistance Act of 1978, PL 95-313, 92 State, 365, 16 U.S.C. 2102 et seq. PL 107-195, Section 9, 16 U.S.C. 2105. This is an award of federal financial assistance and as such is subject to the Office of Management and Budget Circulars. COST PRINCIPLES 0N1B Circular A-87 (2 CFR Part 225) Cost Principles for States & Local Governments State and Local Governments ADMINISTRATIVE STANDARDS OMB Circular A-102 Grants & Cooperative Agreements with State & Local Governments 0:V1B Circular A-133 Audits of States, Local Governments, and Nonprofit Organizations and implemented by: State and Local Governments and Indian Tribes Audits of States, Local Governments, and Non-Profit Organization 7CFR Part 3015 State and Local Governments, Universities, Non- Uniform Federal Assistance Regulation Profit and For-Profit Organizations 7 CFR Part 3016 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local State and Local Governments and Indian Tribes Governments • 7 CFR Part 3017 Debarment and Suspension • 7 CFR Part 3018 New Restrictions on Lobbying % 7 CFR Part 3021 Government-wide Requirements for Drug-Free Workplace • 7 CFR Part 3052 Audits of States, Local Governments and Non-Profit Organizations • 2 COP. Part 175 Trafficking Victims Protection Act Award Terms ;;;-- 31 Cr R. Part 205 Treasury Department implementing the 1990 Cash Management Improvement Act (CM1A) States, Local Governments, and Nonprofit Organizations, Institutions of Higher Education, For- profit Organizations States, Local Governments, and Nonprofit Organizations, Institutions of Higher Education, For- profit Organizations States, Local Governments, and Nonprofit Organizations, Institutions of Higher Education, For- profit Organizations States, Local Governments, and Nonprofit Organizations, Institutions of Higher Education, For- profit Organizations States, Local Governments, and Nonprofit Organizations, Institutions of Higher Education, For- profit Organizations States, Local Governments Terms and Conditions - The following administrative provisions apply: Payment Procedures Cost reimbursable payments are approved under this instrument. Only costs for those project activities approved in (I) the initial instrument, or (2) modifications thereto, are allowable. SEMCOG, upon receipt of payment from the USDA, shall pass thru payment to the pass thru partner. Billin2 and Reporting Requirements Submit invoices, related progress reports, and detail of expenditures to SEMCOG no later than five (5) calendar days after the end of each month. Invoices must be accompanied by a related progress report in order to be paid..SEMCOG, upon receipt of payment from the USDA, shall pass thru payment to the pass thru partner. Interim progress reports for the Great Lakes Restoration Initiative projects are required every six months and should be submitted 30 days after the reporting period. Reporting periods should coincide with the federal fiscal year quarters (i.e., March 31, June 30, September 30 or December 31), As the primary recipient, SEMCOG is responsible for collecting and submitting interim progress reports for themselves and its pass thru partners. As long as the pass thru partner is submitting progress reports with each invoice that report will be submitted with the interim progress reports. Otherwise, the pass thru partner will need to submit progress reports to SEMCOG at least 15 days prior to the due date of the interim progress report period. A sample format for progress reporting provided by the USDA has been included on the last page of this document. The Cooperator shall constantly monitor the performance under Federal Assistance activities to assure that time schedules are being met, projected work units by time periods are being accomplished, and other performance goals are being achieved. When monitoring reveals problems, delays or adverse conditions which materially affect the Cooperator's ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods, the Cooperator shall furnish to the Area Director a report outlining the circumstances and showing action taken or contemplated, and any Federal assistance needed to resolve the situation. The performance or progress report for this award should include information which: • Compares actual accomplishments to the goals or targets established in the application narrative. Where outputs are quantifiable, such data should be related to cost data for computation of unit costs. • If applicable, give reasons why established goals or targets were not achieved. • Other pertinent infortnation including, where appropriate, analysis and explanation of cost overruns or high unit costs. All final reports (accomplishments, inventions, request for reimbursement, financial status report) shall be due 90 calendar days after the expiration date of the grant or at the end of grant support. Failure to submit reports on time may be the basis for withholding financial assistance payments, suspension or termination offunding. Budget Revisions Otherwise allowable cost-related budget changes may be made except where specifically prohibited by the terms and conditions of the grant award and provided the revisions do not significantly change the scope of the project. Program Income If any program income is generated as a result of this instrument, the income shall be applied using either the additive alternative or matching alternative as described in 7 CFR 3016.24 (b) (1) or (b) (2) or 7 CFR 3019. Signage A visible project identification sign will be erected, as appropriate, at each on-the ground protection or restoration projects. The sign must give information and credit to the Great Lakes Restoration Initiative and the Forest Service for this funding, Prior Approval Prior approval is required for any change to the scope of objectives of the approved projects, key personnel, or transfer of substantive programmatic work to another party. Until written approval is granted for a modification, the terms and conditions of the original award remain in effect. The Forest Service is not obligated to fund any changes not properly approved in advance. Due to the fact that Sfitv1COG must make all requests that require prior approval, in writing, to the awarding office no later than 30 days before the proposed change, SEMCOG must receive all requests from the pass thru partners. at least, 45 days before the proposed change. The request must be signed by the authorized signatory official of the pass thru partner. Failure to obtain prior approval, when required, from the awarding office may result in the disallowance of costs, termination of an award, or other enforcement action within the Forest Service's authority. Whenever the pass thru partner contemplates re-budgeting or other post-award changes and are uncertain about the need for prior approval, they are strongly encouraged to consult, in advance, with SEMOG so that we may contact the Grants and Agreements Management office. Prior approval request include: • change in the scope or the objective of the project or program (even if there is no associated budget revision); change in a key person specified in the application or award document; need for additional Federal funding; extension period of availability of funds; • cumulative transfers among direct cost categories or among separately budgeted programs or activities that exceeds 10% of the current total approved budget if the awarding agency share exceeds S100,000; • transfer of funds allotted for training allowances (direct payment to trainees) to other categories of expense; • Sub-awards, transfer or contracting out of any work under an award unless previously approved in original award, Flow-down Management and compliance with Federal requirements for Federal financial assistance programs is the responsibility of the recipient. The awarding agency holds the recipient, not the sub-recipient, responsible for compliance at the sub-recipient level. Many of the Federal requirements flow down to sub-recipients when the primary recipient provides funds, The primary recipient is responsible for providing written Federal requirements that apply to sub-recipients, Notification The recipient shall immediately notify the Forest Service of developments that have a significant impact on the activities supported under this grant. Also, notification shall be given in case of problems, delays or adverse conditions that materially impair the ability to meet the objectives of the agreement. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. Acknowledgements Forest Service support shall be acknowledged in any publications, audiovisuals and electronic media developed as a result of this instrument. Language or similar shall read: "The work upon which this publication is based was funded in whole or in part through a grant awarded by the Northeastern Area State and Private Forestry, C. S. Forest Service." Termination by Mutual Agreement This instrument may be terminated, in whole or part, as follows: When the Forest Service and Recipient/Cooperator agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. By 30 days written notification by the Recipient/Cooperator to the Forest Service setting forth the reasons for termination, effective date, and in the case of partial termination, the portion to be terminated. If the Forest Service decides that the remaining portion of the grant must not accomplish the purpose for which the grant was made, the Forest Service may terminate the award upon 30 days written notice, If, in the case of a partial termination, the Forest Services determines that the remaining portion of the instrument will not accomplish the purposes for which the instrument was made, the Forest Service may terminate the instrument in its entirety. Upon termination of an instrument, the Recipient/Cooperator shall not incur any new obligations for the terminated portion of the instrument after the effective date, and shall cancel as many outstanding obligations as possible. The Forest Service shall allow full credit to the Recipient/Cooperator for the United States Federal share of the non-cancelable obligations properly incurred by the Recipient/Cooperator up to the effective date of the termination, Excess funds shall be refunded within 60 days after the effective date of termination, Disputes a. Any dispute under this award must be decided by the Forest Service Program Manager, The Program Manager shall furnish the recipient a written copy of the decision. b. Decisions of the Forest Service Program Manager shall be final unless, within 30 days of receipt of the decision of the Program Manager, the recipient appeals the decision to Forest Service's Director, Acquisition Management (AQM). Any appeal made under this provision must be in writing and addressed to the Director. AQM, USDA, Forest Service, Washington, DC 20024, A copy of the appeal must be concurrently furnished to the Program Manager. c. In order to facilitate review on the record by the Director, AQM, the recipient shall be given an opportunity to submit written evidence in support of its appeal. No hearing will be provided. d. A decision under this provision by the Director, AQM is final. c. The final decision by the Director, AQM does not preclude the Cooperator from pursuing remedies available under the law. Debarment and Suspension The Cooperator shall immediately inform the Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should the Cooperator or any of their principals receive a transmittal letter or other official federal notice of debarment or suspension, then they shall notify the Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. Leta! Authority The cooperator shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the nonfederal share of project costs, when applicable. Non-Liability Forest Service does not assume liability for any third party claims for damages arising out of this instrument. Notices Any notice given by Forest Service or the grantee/cooperator will be sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the Forest Service Program Manager, at the address specified in the grant/agreement. To grantee/cooperator. at the grantee's/cooperator's address shown in the grant/agreement or such other address designated within the grant/agreement. Notices will be effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. Members of Congress Pursuant to 41 U.S.C. 22, no United States member of, or United States delegate to, Congress shall be admitted to any share or part of this instrument, or benefits that may arise there from, either directly or indirectly. Buy American Act Federal law requires that any equipment and products purchased with federal funds be, to the extent practicable, American-made. g7 Free Workplace a. The Recipient agrees that it will publish a drug-free workplace statement and provide a copy to each employee who will be engaged in the performance of any project/program that receives federal funding. The statement must (1) Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace; (2) Specify the actions the recipient will take against employees for violating that prohibition; and (3) Let each employee know that, as a condition of employment under any award, he or she (i) Must abide by the terms of the statement, and (ii) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace, and must do so no more than five calendar days after the conviction, b. The Recipient agrees that it will establish an ongoing drug-free awareness program to inform employees about: (i) The dangers of drug abuse in the workplace; (ii) Your policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation and employee assistance programs; and (iv) The penalties that you may impose upon them for drug abuse violations occurring in the workplace. c. Without the Program Manager's expressed written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days after the effective date of this instrument, or the completion date of this instrument, whichever occurs first. d. The Recipient agrees to immediately notify the Program Manager if an employee is convicted of a drug violation in the workplace. The notification must be in writing, identify the employee's position title, the award/agreement number of each instrument on which the employee worked. The notification must be sent to the Program Manager within ten calendar days after the Recipient/Cooperator learns of the conviction. e. Within 30 calendar days of learning about an employee's conviction, the Recipient must either: (1) Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 USC 794), as amended, or (2) Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. Eligible Workers The Cooperator shall ensure that all employees complete the 1-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a), The Cooperator shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental agreement awarded under this instrument. Title VI Compliance The recipient shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, Executive Orders, regulations, and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 2000e-16), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685 and 1686), which prohibits discrimination on the basis of sex in educational programs and activities; (c) the Age Discrimination Act of 1975, as amended, which prohibits discrimination based on age (42 1JSC 6101); and Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794) which prohibits discrimination on the basis of disabilities. Please refer to the US Forest Service Washington Office Civil Rights Office for additional information at: http://www ,fs.led.us/cr/ Trafficking Victims Protection Act (TVPA) a. Provisions applicable to a Cooperator that is a private entity. 1. You as the Cooperator, your employees, sub-recipients under this award, and sub-recipients' 'employees may not- i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or sub-awards under the award. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a sub-recipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either— A. Associated with performance under this award; or B. Imputed to you or the sub-recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non- procurement)," as implemented by our agency at 7 CFR 3017. b. Provision applicable to a Cooperator other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a sub-recipient that is a private entity- 1, Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or 2. I las an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.] of this award term through conduct that is either- i. Associated with performance under this award; or ii. Imputed to the sub-recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement)," as implemented by our agency at 7 CFR 3017. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. I of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b ol this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii, Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any sub-award you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a sub-recipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude. peonage, debt bondage, or slavery. "Private entity'': i, Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25, ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). Freedom of Information Act It is Forest Service's policy to inform the public as fully as possible of its programs and activities. The Recipient/Cooperator is encouraged to give public notice of the receipt of this instrument and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include a statement substantially as follows: "(Insert program name) of the US Forest Service, Department of Agriculture. (briefly describe your program, etc.)." The Recipient/Cooperator may call on Forest Service's Office of Communication for advice regarding public notices. The Recipient/Cooperator is requested to provide copies of notices or announcements to the Forest Service Program Manager and to Forest Service's Office Communications as far in advance of release as possible. Public Information The Cooperator shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any federal funding. "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer." If the material is too small to permit the full statement to be included, the material shall, at minimum, include the following statement. in print size no smaller than the text: "This institution is an equal opportunity provider." Closeout Awards should be closed out 90 days after the expiration date of the grant or agreement. Closeout includes timely submission of all required reports and processing of final payments from the Payment Management System, which would include any necessary adjustments for amounts due the grantee or the Federal Agency. At this time any un-obligated balances should be reflected on the final financial report. Included with the closeout process will be any special instructions outlined in the original award documentation such as disposition of property or equipment. During the 90-day closeout period, the recipient has the opportunity to request a time extension. Please be advised that this extension should be requested only if extenuating circumstances exists as to why the project has not been completed within the original award period. Extensions of time will not be granted just to spend any unused federal funds. Audit Requirements Audit requirements for Federal award recipients are defined in OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003). OMB Circular A-133 now requires those being audited to submit a completed data collection form (SF-SAC) with the audit reporting package to the Federal clearinghouse designated by OMB - currently the Federal Audit Clearinghouse, Bureau of the Census, 1201 E. 106 Street, Jeffersonville, IN 47132. For questions concerning the submission process or to obtain a copy of the form, you may call the Federal Audit Clearinghouse (888- 222-9907), Information can also be found on the Internet at http://harvester.census.pvisaei . If a grant is dosed out without an audit, the Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. SAMPLE FORMAT FOR PROGRESS REPORT Date: Award Number: Report Period: Project Period: Recipient: Recipient Contact Person: Principal Investigator/Project Director: Progress Achieve in Accomplishing Project Goals & Objectives (Goals and objectives should correspond to the goals and objectives in the approved grant application). Goal/Objective I Planned: Actual: Unit Costs: Goal/Objective 2 Planned: Actual: Unit Costs: Difficulties Encountered As applicable, should include information on specific reasons why goals and objectives were not met, and analysis and explanations of cost overruns and high unit costs) Goal/Objective #: Problem(s): Resolution/Corrective Action Plan and Schedule: Activity Anticipated Next Reporting Period (Should correspond to the "Planned" entries under Progress Achieved in the next report) Coal/Objective #: GoaFObjectiye FISCAL NOTE (MISC. #11075) April 21, 2011 BY: FINANCE COMMITTEE, TOM tv1IDDLETON, CHAIRPERSON IN RE: PLANNING & ECONOMIC DEVELOPMENT SERVICES DIVISIOr -2011 GREAT LAKES RESTORATION INITIATIVE (GERI) TREE ENHANCEMENTS IN PRIORITY URBAN AREAS — 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 resolution accepts Southeast Michigan Council of Governments (SEMCOG) Federal grant funding from the U.S. Department of Agriculture Forest Service in the amount of $100,000 for the fiscal period of January 1, 2011 through December 31, 2012. 2. The 2011 Great Lakes Restoration Initiative Grant (GLRI) will be used to identify priority tree planting areas, develop landscaping plans, and plant trees in the Rouge Watershed within Oakland County. 3. Additionally an Ik.ltrh of $15,000 will be provided by staff from the Planning & Economic Development Services Division for a total grant program amount of $115,000. 4. No new staff positions will be required to implement or administer this grant. 5. A FY 2011 Budget is amended as follows: Great Lakes Restoration Initiative Fund #29253 Proiect#GRO000000561 Revenue 1090201-171000-610313 Planning & Econ Dev Admin-Grants—Fed $100,000 Total Grant Revenue $100 000 _ _ Expenditure 1090201-171000-730373 Planning & Econ Dev Admin-Cont Svcs $100,000 Total Grant Expenditure $100,000 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. APPPpli!INfVFOREGOIN(3 RESOLRION Resolution #11075 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) / I / 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. Bill Bullard Jr., Oakland County