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HomeMy WebLinkAboutResolutions - 2013.03.06 - 20718MISCELLANEOUS RESOLUTION b# 13039 March 6, 2013
By: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: WATER RESOURCES COMMISSIONER — WATER, SEWER & LAKE LEVEL
SUPERVISORY CONTROL DATA ACQUISITION (SCADA) SYSTEM PROJECT — MDEQ
S2 GRANT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen
WHEREAS, Part 52 (strategic water quality initiatives) of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended ("Part 52"), provides at MCL
324.5204a that the Michigan Finance Authority (the "MFA") in consultation with the Michigan
Department of Environmental Quality (the "DEQ") shall establish a strategic water quality
initiatives grant program; and
WHEREAS, in accordance with the provisions of 2010 PA 231, which provides grants to
assist municipalities in completing loan application requirements under MCL 324.5308 or
completing loan application requirements for other sources of financing for sewage treatment
works projects, storm water treatment projects or nonpoint source projects; and
WHEREAS, in accordance with the provisions of 1985 PA 227, as amended, Part 52, and
other applicable provisions of law, the MFA, the DEQ, and the County (herein referred to as
"Municipality") that is a grant recipient shall enter into a grant agreement (the "S2 Grant
Agreement") that requires the Municipality to repay the grant under certain conditions as set forth
in MCL 324.5204a, as amended; and
WHEREAS, the Municipality does hereby determine it necessary to undertake planning,
revenue system development, and/or design activities related to a project for which it intends to
seek financing for construction; and
WHEREAS, it is the determination of the Municipality that at this time, a grant in the
aggregate principal amount not to exceed $498,334.00 ("Grant") be requested from the MFA and
the DEQ to pay for the planning and/or design activitiex -and
WHEREAS, the Municipality shall obtain this Grant by entering into the S2 Grant
Agreement with the MFA and the DEQ.
NOW, THEREFORE., BE IT RESOLVED THAT:
1. Water Resources Commissioner, a position currently held by Jim Nash, Chief
Deputy Water Resources Commissioner a position currently held by Philip Sanzica, P.E, and
Chief Engineer a position currently held by Tim Prince, P.E. are designated as the Authorized
Representatives for purposes of the 52 Grant Agreement.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
PLANNING & BUIVOrN0 COMMITTEE
4
2. The proposed form of the S2 Grant Agreement between the Municipality, the MFA and
DEQ (attached hereto as Appendix I) is hereby approved and the Authorized Representative is
authorized and directed to execute the S2 Grant Agreement with such revisions as are permitted
by law and agreed to by the Authorized Representative.
3. The Municipality shall repay the Grant, within 90 days of being informed to do so,
with interest at a rate not to exceed 8 percent per year, to the Authority if any of the following
conditions occur:
(a) the Municipality fails to submit an administratively complete loan application
for assistance from the SRF, the SWQIF or other source of financing for the project
within 3 years of the Grant award;
(b) the project has been identified as being in the fundable range or is approved
for funding from another source and the Municipality declines loan assistance for 2
consecutive fiscal years unless the Municipality proceeds with funding from another
source; or
(c) the Municipality is unable to, or decides not to, proceed with constructing the
project.
4. The Grant, if repayable, shall be a first budget obligation from the general funds
of the Municipality, and the Municipality is required, if necessary, to levy ad valorem taxes on all
taxable property in the Municipality for the payment thereof, subject to applicable constitutional,
statutory and Municipality tax rate limitations.
5. The Municipality shall not invest, reinvest or accumulate any moneys deemed to
be Grant funds, nor shall it use Grant funds for the general local government administration
activities or activities performed by municipal employees.
6. The Authorized Representative is hereby jointly or severally authorized to take
any actions necessary to comply with the requirements of the MFA and the DEQ in connection
with the issuance of the Grant. The Authorized Representative is hereby jointly or severally
authorized to execute and deliver such other contracts, certificates, documents, instruments,
applications and other papers as may be required by the MFA or the DEQ or as may be otherwise
cessrt ffet t lineay oeche approva and de vely of the Grant.
7, The Municipality acknowledges that the S2 Grant Agreement is a contract
between the Municipality, the MFA and the DEQ.
8. All resolutions and parts of resolutions insofar as they conflict with the provisions
of this Resolution are rescinded.
Mr. Chairperson, on behalf of the Planning Sz . Building Committee, I move adoption of
the foregoing resolution.
GRANT REVIEW SIGN OFF - Water Resources Commissioner's Office
GRANT NAME: 2013 County-wide SCAD A System S2 Grant Application
FUNDING AGENCY: Michigan Department of Environmental Quality (MDEQ)
DEPARTMENT CONTACT PERSON: Joe Calaianne/Tom Maxwell 452-2027/858-0739
STATUS: Grant Application/Acceptance
DATE: February 25, 2013
Pursuant to Misc. Resolution 401320, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
The captioned grant materials and grant application/acceptance package (which should include the Board
of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee
Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on
the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT 'REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (2/20/2013)
Department of Human Resources:
Approved. — Karen Jones (2/20/2013)
Risk Management and Safety:
Approved by Risk Management. — Julie Secontine (2/20/2013)
Corporation Counsel:
Section IX Liability in the grant application requires the County to be responsible for the acts of
the subcontractor. The County lacks legal authority to be responsible for thirty parties. Our
office noinially would tiy to get lanatage changed in this grant, however I have been told by
WRC that the state will not considered any changes to the grant. It is my understanding that the
grant agreement is a reimbursement for funds already spent.
I am not providing comments on the Resolution as the pant application was very clear that no .
changes will be accepted to the Resolution. — Jnellen, Shortley (2/25/2013)
COMPLIANCE
Michigan Natural Resources and Environments Protection Act 451 of 1994 as amended by PA 32 of
2010
http //www. sl ature. mi. govI(S(ai fbnz3 g0m5x1 irv33m.ft Oi v))/mi leg. asnx7p age=a etObj ect&objectName
—2010-HB-5752
Michigan Shared Credit Rating Act - Act 227 of 1985
http://www.legislature.mi.gov/(S(lni5c345weogpc55rny4rymq0))/mileg.aspx?page=MelPASearch
Michigan Open Meetings Act - Act 267 of 1976
http://www.legislature.mi.gov/(S(Mi5c345weogoc55my4rymo0))/niileg.aspx?page=Mc1FASearch
PO Box 30241
Lansing, Michigan 48909
517-373-2161
PO Box 15128
Lansing, Michigan 48901
517-335-0994
Constitution Hall
3rd Floor South
525 West Allegan Street
Lansing, Michigan 48933
Richard H. Austin Building
1S1 Floor
430 West Allegan Street
Lansing, Michigan 48922
S2 GRANT APPLICATION
Rick Snyder, Governor
Michigan Department of Environmental Quality (DEQ)
Dan Wyant, Director
http://www.michigan.gov/deq
Michigan Department of Treasury
Michigan Finance Authority (Authority)
Andy Dillon, State Treasurer
http://www.michigan.gov/treasury
Administered by:
Department of Environmental Quality
Resource Management Division
Revolving Loan Section
Sonya T. Butler, Chief
Department of Treasury
- Michigan Finance Autherity
Joseph Fielek, Executive Director
Mailing Addresses:
Delivery Addresses:
Completion of this application is mandatory for the applicant
to be considered for S2 Grant Program assistance.
Printed under the authority of Parts 52 and 53, of the Natural Resources and Environmental Protection Act,
1994 PA 451, as amended.
(09/11) FQP3434
313-884-9824 313-884-0626 johnaCajmfci.com
PROJECT INFORMATION
Project Name County-wide SCADA System
Project Location Oakland County, MI
(Cities, Villages, Townships, and Counties Impacted by the Project)
A. Legal Name of Applicant Oakland County Water Resources Commissioner, County Agency
The legal name of the applicant may be different from the name of the project. For example, a county may be
the legal applicant, while the project may be named for the particular village or township it will serve.
Applicant's Federal Employer identification No 38-60044876
B. Address of Applicant
Street, P.O. Box One Public Works Drive, Bldg 95 West
City, State & Zip Waterford, MI 48328-1907
248-858-0958
(Area Code and Telephone Number)
C. Designated Contacts for this Project
1, Authorized Representative
Name 'Jim Nash
Title Water Resources Commissioner
248-858-1066 maxwellt@oakgov.com
(Fax Number) (E-mail Address)
Suzanne R. Coffey
Manager
Street, P.O. Box One Public Works Drive, Bldg 95 West
City, State & Zip Waterford, MI 48328-1907
248-858-0958 248-858-1066 coffeysu@oakgov.com
(Area Code and Telephone Number)
2. Applicant's Bond Counsel
Name Paul M. Wv_zgoski
Finn Dickerson Wright. PLLC
(Fax Number) (E-mail Address)
Street, P.O. Box 2600 West Big Beaver Road, Suite 300
City, State & Zip Troy, MI 48084-3312
248-433-7200
(Area Code and Telephone Number)
3. Applicant's Financial Advisor
Name John Axe / Meredith A Shanle
Firm Municipal Financial Consultants
Street, P.O. Box 21 Kercheval, Suite 360
248-433-7274 pwyzgoski@dickinson-wright.com
(Fax Number) (E-mail Address',
City, State & Zip Grosse Pointe Farms, MI 48236
(Area Code and Telephone Number) (Fax Number) (E-mail Address)
THIS FORM IS FOR PRINTING ONLY. TILE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED,
RETYPED, OR CONVERTED TO ANY OTHER FORMAT.
(09/11) EQ1'3434
4. Applicant's Consulting Engineer
Name James V. Rydquist, P.E.
Firm Tetra Tech
Street, P.O. Box 65 Cadillac Square, Suite 3400
City, State & Zip Detroit, M1 48226-3516
313-224-9804 313-670-4979 jarnes.rydquist@tetratech.com
(Area Code and Telephone Number) (Fax Number) (E-mail Address)
D. Disclosure of Conditions Requiring Repayment of Grant
The S2 Grant Program was specifically created with the intent of accelerating the progress of water
pollution control efforts and stimulating the use of the revolving fund programs. It is expected that
S2 grant recipients will be willing and able to complete the loan application process and finance the
construction of needed facilities with loan assistance from the State Revolving Fund (SRF) and/or
the Strategic Water Quality Initiatives Fund (SWQIF). Consistent with this intent and provisions of
Part 52 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended:
The grantee shall repay the grant, within 90 days of being informed to do so, with interest accrued
from the time funds were disbursed at a rate not to exceed 8 percent per year, to the Authority for
deposit into the SIVQIF if any of the following conditions occur:
(1) The applicant fails to submit an administratively complete loan application for assistance from
the SRF, the SWQIF, or other source offinancing for the project within 3 years of the grant award.
(2) The project has been identified as being in the fundable range or is approvecIfor funding from
another source and the applicant declines the loan assistance for 2 consecutive fiscal years unless the
applicant proceeds with funding from another source.
(3) The applicant is unable to, or decides not to, proceed with constructing the project.
E. Proposed Scope of Work
Municipalities can seek S2 Grant Program assistance to cover the 0.11CfQ of the pl „ming and design
of sewage treatment works projects, stormwater treatment projects, or nonpoint source projects, and
for user charge system development. Please note that only those applicants who have completed
SRF/SWQM project planning can apply for grant assistance for design engineering or user charge
system development. If you have not already submitted a final project plan (complete with a
public hearing transcript and resolution of adoption by the governing body), then one must be
submitted with your S2 grant application that includes a request for a design engineering and/or
user charge system development grant. Please attach additional pages as necessary.
Please describe the specific activities you will fund with S2 grant assistance:
Grant Funds will be used to pay for planning and design services needed to create biddable plans and
specifications for a County-wide SCADA System .
Please describe the system deficiencies or water quality problems you want to evaluate/address:
SCADA System will provide real time and historical data for all facilities to meet needs of Facilities, County Staff
and aide in regulatory compliance.
NOTE: If you have already submitted a final SRF or SWQIF project plan to the DEQ and
are seeking S2 grant assistance for design engineering and/or user charge system development
costs, skip to Section G. Please indicate your assigned project number:
SRF Loan Project # SWQIF Loan Project #
THIS FORM IS FOR PRINTING ONLY. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED,
RETYPED, OR CONVERTED TO ANY OTHER FORMAT.
2 (am I) EQP3434
F. Required Information
If you are seeking S2 grant assistance for the preparation of a new SRF/SWQIF project plan, the
following information (Items I — 8 ) must be provided with this application:
Study/Service Area Information
a. Map(s) of the study and service areas
b. Study and service area population figures and flows
Projected 20-year population figures and flows
2. Existing Wastewater Treatment Facilities
a. Treatment facilities site map
b. Treatment processes flow diagram
c. Description of the treatment processes
d. Age and condition of the treatment facilities
e. Operation, maintenance, or other problems
f. Data on existing flows and design capacity
g. Effluent characteristics and impacts
h. Copy of the discharge permit or a compliance order
i. Documentation of the need for facility improvements
3. Existing Wastewater Collection System
a. Map(s) and description of the entire collection system
b. Map(s) and descriptions of the combined sewer areas
c. Age and condition of interceptors and collector sewers
d. Locations, ages, and capacities of pump stations
e. Condition and adequacy of pump stations
f. Locations, ages, and capacities of retention/equalization basins
g. Condition and adequacy of retention/equalization basins
h. Operation, maintenance, or other problems
i. Data on existing collection system flows, including a preliminary assessment of
infiltration and inflow (see Item 4 below)
j. Raw sewage bypass locations, frequencies, durations, volumes, and water quality
impacts
k. Combined sewer overflow locations, frequencies, durations, volumes, and water
quality impacts
1. Documentation of the need for collection system improvements
4. Excessive Infiltration and Inflow (1/I)
An initial quantification of collection system I/I must be provided with this application to
determine the applicability of the following conditions:
THIS FORM IS FOR PRINTING ONLY. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED,
RETYPED, OR CONVERTED TO ANY OTHER FORMAT.
3 (09/11) EQP3434
a. Wastewater flow during conditions of high groundwater is greater than 120
gallons per capita per day.
b. Wastewater flow during the design storm event or ally smaller storm event is
greater than 275 gallons per capita per day.
c. Storm events cause backup problems, overflows, or poor treatment performance
due to hydraulic overloading.
Depending on the nature of the proposed project, an I/I analysis may be required and
would be eligible for inclusion as part of this application. An I/I analysis being proposed
in the absence of any of these conditions will not be eligible for S2 grant assistance. For
further information, please refer to pages 15-17 in the DEQ Clean Water Revolving
Funds Project Plan Preparation Guidance (CWRF PPPG).
5. Sewer System Evaluation Survey (SSES)
If you are proposing to complete an SSES with S2 grant assistance, please provide a copy
of the completed 1/1 analysis with this application.
6. Sewer Televising/Physical Inspections for Structural Integrity
If you are proposing to perform televising and/or physical inspections with S2 grant assis-
tance to assess the structural integrity of municipal sewers, please provide documentation
with this application to justify the extent of the area(s) to be evaluated.
Applicants should note that defects identified as a result of televising/physical inspections
must meet the requirements found on pages 17-18 in the CWRF PPPG to be considered
an SRF-eligible need for design or construction funding.
7. Projects in an Area Currently Without Sewers
- • Are you proposing to seek S2 grant assistance for a project to correct failing on-site septic
systems in an area currently without sanitary sewers? 0 YES 0 NO
If YES, applicants should note that this type of project has a higher degree of difficulty in
moving forward due to the controversial nature of establishing a Special Assessment
District (SAD) and the inability to proceed with project construction due to the SAD not
receiving approval. Disapproval of an SAD would require the S2 grant to be repaid with
interest.
Applicants need to present sufficient documentation to identify suspect/known problem
areas as part of this application and as a prerequisite to defining a need for their residents.
For further information, please refer to pages 4-6 and 19 in the CWRF PPPG.
8. Projects to Abate Nonpoint Sources of Water Pollution
Are you proposing to seek S2 grant assistance for a project to correct nonpoint source water
pollution? 0 YES 0 NO
If YES, please address the following questions:
a. Is the proposed project included in an area covered by a Section 319 or a Clean
Michigan Initiative (CMI) approved watershed plan? 0 YES 0 NO
b. Is the proposed project located within an MS4 permit area? 0 YES 0 NO
If YES, is the proposed project required under that permit? 0 YES 0 NO
If YES, please attach an explanation to this application.
'THIS FORM IS FOR PRINTING ONLY. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED,
RETYPED, OR CONVERTED TO ANY OTHER FORMAT.
4 (09/11) EQP3434
c.
Does the proposed project help address a nonpoint pollutant source identified in
the approved watershed management plan or a TMDL? 0 YES 0 NO
If YES, please attach an explanation to this application.
Applicants also need to attach documentation to this application to explain how the
proposed project will address the nonpoint source water quality problem, including the
estimated reduction in the problem pollutant(s).
G. Multi-Purpose Projects
Are you proposing to seek S2 design grant assistance for a project which involves non-wastewater-
related improvements (e.g., the installation of water mains or storm sewers, full-width road
restoration, etc.)? 0 YES 02 NO
If YES, please provide a draft Alternative Justifiable Expenditure (AJE) computation with this
application. For further information, please refer to the DEQ Guidance to Applicants and
Consultants Regarding SRF Alternative Justifiable Expenditures.
H. S2 Grant Agreement Period
Target date for completion of all grant-funded tasks: December 2014 (month/year)
The applicant intends to seek SRF and/or SWQIF loan(s) to construct the proposed project in
Fiscal Year N/A (an October 1 to September 30 Fiscal Year)
I. Project Cost Worksheet
Please carefully read the instructions below before completing the Project Cost Worksheet.
Cost
Incurred Estimated Supporting Total Project Grant Budget Item Project Costs* Project Costs Documents Costs
Attached?
I. Project Planning Costs $240,900 u YES $240,900
2. Design Engineering Costs S40,880 $271,925 Eg YES $312,805
3. User Charge System Development Costs
I
0 YES 1
4. Cost Subtotal 5553,705
5. LESS 10% Local Match $55,371
6. Requested S2 Grant Amount (Line 4 minus Line 5) $498,334
* Only costs incurred for services rendered on or after December 14, 2010, the effective date of Act
231 of the Public Acts of 2010, are eligible for S2 grant assistance.
I. Entering Cost Figures
To complete the Project Cost Worksheet, enter costs incurred to date in the first column and
estimated costs in the second column. Please use whole dollar amounts for all entries. A
budget line item may have costs entered in each column; however, the entries must accurately
reflect the division between incurred costs and estimated (i.e., the costs in the second column
must not be a cumulative total but are to represent the balance of costs not yet incurred).
Please note that S2 grant assistance is not available for general local government adminis-
trative activities or activities performed by municipal employees.
THI S FORM IS FOR PRINTING ONLY. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED,
RETYPED, OR CONVERTED TO ANY OTHER FORMAT.
5 (0911) EQP3434
2, Supporting Documentation
Documentation must be attached to your application to support the costs included on the Project
Cost Worksheet, Please then check the box in the third column on each requested line item.
• For incurred costs, adequate supporting documentation means proof of billing or payment
for each cost for which grant assistance is being sought (e.g., copies of the monthly
invoices from your consulting engineer).
• For estimated costs, adequate supporting documentation means either an executed
contract or an invoice or letter from the vendor detailing the services to be rendered and
their costs.
3. Executed Contracts
A contract between the applicant and the vendor must be executed for each service that has been
or is to be rendered if the cost of such service is greater than $50,000. An executed copy of each
contract, with a clear identification of the scope of the services and a contract period, must be
enclosed with your application.
4. Line-By-Line Completion Guidance
Line 1 —Project Planning Costs
The costs associated with project planning activities directly related to the project for which
SRF and/or SWQIF loan assistance will be sought should be placed on Line 1. Please see
the DEQ Clean Water State Revolving Fund Eligibility Guidance for a description of
eligible planning activities.
Line 2 — Design Engineering Costs
The costs associated with SRF and/or SWQIF project design should be placed on Line 2.
Please note that bidding phase services, including construction staking, are not eligible for
S2 grant assistance.
Line 3 — User Charge System Development Costs
The costs associated with the development or updating of the municipality's system of user
charges to cover the costs of project construction, operation, and maintenance should be
placed on Line 3. The costs to develop and pass sewer use ordinances, intermunicipal
service agreements, or rate methodologies that are necessary for construction of the
proposed project are also eligible for reimbursement and may be included on Line 3.
Please note that costs for consultant services to prepare this grant application for the
applicant are eligible for reimbursement.
J. Covenants and Certifications
1. The applicant has the legal, managerial, institutional, and financial capability to plan,
design, and build the project, or cause the project to be built, and cause all facilities
eventually constructed to be adequately operated.
2. The applicant certifies that no undisclosed fact or event, or pending litigation, will
materially or adversely affect the project, the prospects for its completion, or the applicant's
ability to make timely repayments of the grant if the project does not proceed.
3. The applicant agrees to provide, as a minimum, a 10 percent local match for grant-eligible
costs and disburse match funds to service providers concurrent with grant disbursements.
THIS FORM IS FOR PRINTING ONLY. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED,
RETYPED. OR CONVERTED TO ANY OTHER FORMAT.
6 (09/11) EQP3434
4. The applicant agrees to maintain complete books and records relating to the grant and
financial affairs of the project in accordance with generally accepted accounting principles
(GAAP) and generally accepted government auditing standards (GAGAS).
5. The applicant agrees that all municipal contracts related to the project will provide that the
prime contractor and any subcontractor may be subject to a financial audit and must
comply with GAAP and GAGAS.
6. The applicant agrees to provide any necessary written authorizations to the DEQ and the
Authority for the purpose of examining, reviewing, or auditing the financial records of the
project. The applicant also agrees to require similar authorizations from all contractors,
consultants, property owners, or agents with which the applicant negotiates an agreement.
7. The applicant agrees that all pertinent records shall be retained and available to the DEQ
and the Authority for a minimum of three years after the actual initiation of operation of the
project and that if litigation, a claim, an appeal, or an audit is begun before the end of the
three-year period, records shall be retained and available until the three years have passed
or until the action is completed and resolved, whichever is longer.
8. The applicant agrees to ensure that planning and design activities of the project are
conducted in compliance with the requirements of Part 53 of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended; its Administrative Rules; the
Recommended Standards for Wastewater Facilities published by the Wastewater
Committee of the Great Lakes — Upper Mississippi River Board of State and Provincial
Health and Environmental Managers; and all applicable state and federal laws, executive
orders, regulations, policies, and procedures.
K. Required Documents
The following documents must be submitted with this application. Your grant application will be
deemed incomplete if the required documents are not attached.
Authorizing Resolution. An adopted and certified copy of the attached standard resolution,
including the S2 Grant Agreement boilerplate marked SAMPLE, must be submitted.
(2) Application Information. The proposed scope of work must be supported by the additional
information required under Section F on pages 3-5 above.
(3) Cost Support Documentation. All requested costs must be supported with documentation
consistent with the instructions on pages 5 and 6 above.
I certify that I am the authorized representative designated by the governmental unit that will receive the
grant for this project and that the application information being submitted is complete and accurate to the
best of my knowledge.
I further certify that Oakland County Resources Commissioner, County Agency (legal name of applicant)
agrees to and will abide by the covenants and certifications stipulated above.
Jim Nash, Water Resources Commissioner, County Agency
Name and Title of Authorized Representative (Please Print or Type)
Signature of Authorized Representative (Original Signature Required) Date
THIS FORM IS FOR PRINTING ONLY. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALI ERFD,
RETYPED, OR CONVERTED TO ANY OTHER FORMAT.
(1)
7 (09m) EQP3434
Please return the application and the specified attachments to:
REVOLVING LOAN SECTION
RESOURCE MANAGEMENT DIVISION
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
MAILING ADDRESS
P.O. BOX 30241
LANSING MI 48909-7741
SURFACE DELIVERY ADDRESS
CONSTITUTION HALL 3RD FLOOR SOUTH
525 W ALLEGAN ST
LANSING MI 48933-1502
Grant Applications Submitted By: Can Expect A Grant Award in:*
July 1 October
1 October 1 January
January 1 April
April 1 July
* Provided any identified application deficiencies will be resolved by the applicant
within 60 days of the application submittal.
THIS FORM IS FOR PRINTING ONLY. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED.
RETYPED, OR CONVERTED TO ANY OTHER FORMAT.
8 (09/11) EQP3434
Please Use the Attached Resolution "As Is"
(Do Not Substitute Your Own Form)
of
County of
Resolution Authorizing the S2 Grant Agreement
Minutes of the regular meeting of the of the of
County of , State of Michigan, (the "Municipality") held on
PRESENT: Members:
ABSENT: Members:
Member offered and moved the adoption of the following resolution,
seconded by Member
WHEREAS, Part 52 (strategic water quality initiatives) of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended ("Part 52"), provides at MCL 324.5204a that the Michigan Finance
Authority (the "MFA") in consultation with the Michigan Department of Environmental Quality (the "DEQ")
shall establish a strategic water quality initiatives grant program; and
WHEREAS. in accordance with the provisions of 2010 PA 231, which provides grants to assist
municipalities in completing loan application requirements under MCL 324.5308 or completing loan
application requirements for other sources of financing for sewage treatment works projects, storm water
treatment projects or nonpoint source projects; and
WHEREAS, in accordance with the provisions of 1985 PA 227, as amended, Part 52, and other
applicable provisions of law, the MFA, the DEQ, and the Municipality that is a grant recipient shall enter into a
grant agreement (the "S2 Grant Agreement") that requires the Municipality to repay the grant under certain
conditions as set forth in MCL 374.5204a, as amended; and
WHEREAS, the Municipality does hereby determine it necessary to undertake planning, revenue system
development, and/or design activities related to a project for which it intends to seek financing for construction;
and
WHEREAS, it is the determination of the Municipality that at this time, a grant in the aggregate
principal amount not to exceed ("Grant") be requested from the MFA and the DEQ to
pay for the planning and/or design activities; and
WHEREAS, the Municipality shall obtain this Grant by entering into the S2 Grant Agreement with the
MFA and the DEQ.
(04/11) F01)3434
NOW, THEREFORE, BE IT RESOLVED THAT:
1. (title of the desginee's position), a position currently held by
(name of the designee), is designated as the Authorized Representative for
purposes of the S2 Grant Agreement.
2. The proposed form of the S2 Grant Agreement between the Municipality, the MFA and DEQ
(attached hereto as Appendix I) is hereby approved and the Authorized Representative is authorized and
directed to execute the S2 Grant Agreement with such revisions as are permitted by law and agreed to by the
Authorized Representative.
3. The Municipality shall repay the Grant, within 90 days of being info, nied to do so, with interest at a
rate not to exceed 8 percent per year, to the Authority if any of the following conditions occur:
(a) the Municipality fails to submit an administratively complete loan application for assistance from the
SRF, the SWQIF or other source of financing for the project within 3 years of the Grant award;
(b) the project has been identified as being in the fundable range or is approved for funding from another
source and the Municipality declines loan assistance for 2 consecutive fiscal years unless the Municipality
proceeds with funding from another source; or
c) the Municipality is unable to, or decides not to, proceed with constructing the project.
4. The Grant, if repayable, shall be a first budget obligation from the general funds of the Municipality,
and the Municipality is required, if necessary, to levy ad valorem taxes on all taxable property in the
Municipality for the payment thereof, subject to applicable constitutional, statutory and Municipality tax rate
limitations.
5. The Municipality shall not invest, reinvest or accumulate any moneys deemed to be Grant funds, nor
shall it use Grant funds for the general local government administration activities or activities performed by
municipal employees.
6. The Authorized Representative is hereby jointly or severally authorized to take any actions necessary
to comply with the requirements of the MFA and the.DEQ in connection with the issuance of the Grant, The
Authorized Representative is hereby jointly or severally authorized to execute and deliver such other contracts,
certificates, documents, instruments, applications and other papers as may be required by the MFA or the DEQ
or as may be otherwise necessary to effect the approval and delivery of the Grant.
7. The Municipality acknowledges that the S2 Grant Agreement is a contract between the Municipality,
the MFA and the DEQ.
8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution
are rescinded.
(04/11) EQP3434
YEAS: Members:
NAYS: Members:
RESOLUTION DECLARED ADOPTED
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the
_ _ _ n-11 k_ounty 01
, said meeting was conducted and public notice of said meeting was given
pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976,
and that the minutes of said meeting were kept and will be or have been made available as required by said Act.
Name
of , Clerk
of County of
3 (041 1) EQP3434
Address
Telephone number
Fax number
GRANTEE INFORMATION:
Name/Title of Authorized Representative
Address
E-mail address
Federal ID number
GRANT INFORMATION:
Project Name:
Project #:
Arnnunt of Grant: $
Amount of Match $ (10%or more)
Project Total $ (grant plus match)
Start Date: End Date:
DE a
Michigan Finance Authority
STATE REVOLVING FUND AND STRATEGIC WATER QUALITY INITIATIVES FUND ("S2")
GRANT AGREEMENT
,
This Grant Agreement ("Agreement") is made as of 20 , among the Michigan Department of
Environmental Quality, Resource Management Division (the "DEQ"), the Michigan Finance Authority (the "Authority") (the
DEQ and the Authority are, collectively, the "State") and the , County of
("Grantee") in consideration for providing grant assistance to the Grantee.
The purpose of this Agreement is to provide funding for the project named below. The State is authorized to provide grant
assistance pursuant to the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended
The Grantee shall be required to repay the grant made under this Agreement (the "Grant"), within 90
days of being informed by the State to do so, under certain conditions, as set forth in Section XVIII.
Program Specific Requirements: S2 Grant.
Award of a Grant under this Agreement and completion of the activities identified in Exhibit A do not guarantee loan
assistance from the State Revolving Fund or Strategic Water Quality Initiatives Fund.
DEQ REPRESENTATIVE: AUTHORITY REPRESENTATIVE:
Name/Title Name/Title
Address Address
Address Address
Telephone number Telephone number
Fax number Fax number
E-mail address E-mail address
The individuals signing below certify by their signatures that they are authorized to sign this Grant Agreement
on behalf of their respective parties, and that the parties will fulfill the terms of this Agreement, including the
attached Exhibit A, and use this Grant only as set forth in this Agreement.
GRANTEE
Signature of Grantee Date
Name and title (typed or printed)
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
Its Authorized Officer Date
MICHIGAN FINANCE AUTHORITY
Its Authorized Officer Date
I. PROJECT SCOPE
This Agreement shall be in addition to any other contractual undertaking by the Grantee contained in the
Resolution authorizing the Grant (the "Resolution").
This Agreement, including its exhibit(s), constitutes the entire agreement between the DEQ, the Authority, and
the Grantee.
(A) The scope of this Grant is limited to the activities specified in Exhibit A (the "Project"), and such activities as
are authorized by the State under this Agreement. Any change in project scope requires prior written approval in
accordance with Section III, Changes,in this Agreement.
(B) By acceptance of this Agreement, the Grantee commits to complete the Project identified in Exhibit A within
the time period allowed for in thiS Agreement and in accordance with the terms and conditions of this Agreement.
II. AGREEMENT PERIOD
This Agreement shall take effect on the date that it has been signed by all parties (the "Effective Date"). The
Grantee shall complete the Project in accordance with all the terms and conditions specified in this Agreement no
later than the End Date.shown on page one. Only costs incurred between the Start Date and the End Date
shall be eligible for payment under this Grant.
Ill. CHANGES
Any decreases in the amount of the Grantee's compensation, significant changes to the Project, or extension
of the End Date, shall be requested by the Grantee in writing, and approved in writing by the State in advance.
The State reserves the right to deny requests for changes to the Agreement including its Exhibit A. No
changes can be implemented without approval by the State.
2
IV. GRANTEE PAYMENTS AND REPORTING REQUIREMENTS
The Grantee shall meet the reporting requirements specified in Section of this Agreement.
V. GRANTEE RESPONSIBILITIES
(A) The Grantee agrees to abide by all local, state, and federal laws, rules, ordinances and regulations in the
performance of this Grant.
(B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of this Grant is
not a guarantee of permit approval by the state.
(C) The Grantee shall be solely responsible to pay all taxes, if any, that arise from the Grantee's receipt of this
Grant.
(D)The Grantee is responsible for the professional quality, technical accuracy, timely completion, and
coordination of all designs, drawings, specifications, reports, and other services furnished by its subcontractors
under this Agreement. The State will consider the Grantee to be the sole point of contact concerning
contractual matters, including payment resulting from this Grant. The Grantee or its subcontractor shall,
without additional grant award, correct or revise any errors, omissions, or other deficiencies in designs,
drawings, specifications, reports, or other services.
(E) The DEQ's approval of drawings, designs, specifications, reports, and incidental work or materials
furnished hereunder shall not in any way relieve the Grantee of responsibility for the technical adequacy of the
work. The DEQ's review, approval, acceptance, or payment for any of the services shall not be construed as a
waiver of any rights under this Agreement or of any cause of action arising out of the performance of this
Agreement.
(F) The Grantee understands that it is a crime to knowingly and willfully file false information with the State for
the purpose of obtaining this AgreemenL or any payment under the Agreement, and that any such filing may
subject the Grantee, its agents, and/or employees to criminal and civil prosecution and/or termination of the
Grant.
VI. ASSIGNABILITY
The Grantee shall not assign this Agreement or assign or delegate any of its duties or obligations under this
Agreement to any other party without the prior written consent of the State. The State does not assume
responsibility regarding the contractual relationships between the Grantee and any subcontractor.
VII. NON-DISCRIMINATION
The Grantee shail comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2101 et seq, the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et
seq, and all other federal, state, and local fair employment practices and equal opportunity laws and covenants
that it shall not discriminate against any employee or applicant for employment, to be employed in the
performance of this Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of
employment, or any matter directly or indirectly related to employment, because of his or her race, religion,
color, national origin, age, sex, height, weight, marital status, or physical or mental disability that is unrelated to
the individual's ability to perform the duties of a particular job or position. The Grantee agrees to include in
every subcontract entered into for the performance of this Agreement this covenant not to discriminate in
employment. A breach of this covenant is a material breach of this Agreement.
3
VIII. UNFAIR LABOR PRACTICES
The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as
amended, MCL 423.321 et seq.
IX. LIABILITY
(A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or costs arising out
of activities to be carried out by the Grantee under this Agreement, if the liability is caused by the Grantee, any
subcontractor, or anyone employed by the Grantee.
(B) All liability as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the
State in the performance of this Agreement is the responsibility of the State and not the responsibility of the
Grantee if the liability is materially caused by any State employee or agent.
(C) In the event that liability arises as a result of activities conducted jointly by the Grantee and the State in
fulfillment of their responsibilities under this Agreement, such liability is held by the Grantee and the State in
relation to each party's responsibilities under these joint activities.
(0) Nothing in this Agreement should be construed as a waiver of any governmental immunity by the Grantee,
the State, its agencies, or their employees as provided by statute Or court decisions.
X. CONFLICT OF INTEREST
No government employee or member of the legislative, judiCial, or executive branches or member of the
Grantee's governing body, its employees, partner, agencies or their families shall have benefit financially from
any part of this Agreement, unless proportional to all other entities and as a normal outcome of implementing this
Agreement.
XI. AUDIT AND ACCESS TO RECORDS
See Section XVIII (C).
XI!. INSURANCE
The Grantee shall maintain insurance or self insurance that will protect it from claims that may arise from the
Grantee's actions under this Agreement or from the actions of others for whom the Grantee may be held liable.
XIII. OTHER SOURCES OF FUNDING
The Grantee guarantees that any claims made to the State under this Agreement shall not be financed by any
source other than the State under the terms of this Agreement. If funding is received through any other
source, the Grantee agrees to delete from Grantee's billings or to immediately refund to the State, the total
amount representing such duplication of funding.
XIV. COMPENSATION
(A) A breakdown of Project costs covered under this Agreement is identified in Exhibit A. The State shall pay the
Grantee a total amount not to exceed the amount on page one of this Agreement, in accordance with Exhibit A.
and only for expenses incurred. All costs over and above the Grant amount, necessary to complete the Project,
are the sole responsibility of the Grantee.
(B) The Grantee is committed to the match amount on page one of this Agreement, in accordance with Exhibit A.
The Grantee shall expend all local match committed to the Project by the End Date of this Agreement.
4
XV. CLOSEOUT
(A) A determination of Project completion shall be made by the DEQ upon satisfactory completion of the
activities, products and deliverables described in Exhibit A and submittal of a request for final payment.
(B) The Grantee shall provide the DEQ, within 30 days of the End Date all outstanding financial reports, products
and deliverables required as a condition of the Agreement.
(C) Final payment under this Agreement shall not constitute a waiver of the State's claims against the Grantee.
(D) The Grantee shall immediately refund to the State any payments or funds advanced to the Grantee in excess
of allowable reimbursable billings.
(E) Grants may be audited by the State. Total expenditures are subject to audit and repayment of any
overpayment of the DEQ share if an audit determines that total Project costs were not incurred as billed.
XVI. CANCELLATION
This Agreement may be canceled, upon 30 days written notice, cue to Executive Order, budgetary reduction,
or other lack of funding.
XVII. TERMINATION
(A) This Agreement may also be terminated by the SL:-',te for any of the following reasons upon 30 days written
notice to the Grantee:
(1) The State may terminate a Grant or withhold payment if the recipient fails to comply with the terms aril
conditions of the agreement or with the requirements of the authorizing legislation cited on page 1 or the rules
promulgated thereunder, or with otherapplicable law or rules. If the Grant is terminated, the State may recove
all funds awarded.
(2) If the Grantee knowingly and willfully presents false information to the State for the purpose of
obtaining this Agreement or any payment under this Agreement, the State may terminate this Agreement with
no further penalty whatsoever to the Grantee,-and the Grantee, upon demand by the State, shall reimburse the
State for all money received under this Agreement.
(3) If the Grantee uses the Grant for any purpose other than those described in Exhibit A or otherwise
approved by the State, the State may terminate the Grant and require immediate repayment from the Grantee
of disbursed funds for the misused portion of the Grant.
(B) The State may immediately terminate this Agreement without further liability if the Grantee, or any agent e
the Grantee, or any agent of any subagreement, is:
(1) Convicted of a criminal offense incident to the application for or performance of a state, public, or
private contract or subcontract;
(2) Convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft,
forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting to influence a
public employee to breach the ethical conduct standards for State of Michigan employees;
(3) Convicted under state or federal antitrust statutes;
(4) Convicted of any other criminal offense which, in the sole discretion of the State, reflects on the
Grantee's business integrity; or
5
(5) Included on the United State Environmental Protection Agency Suspension and Debarment list.
(C) If the State finds, after a notice and hearing, that the Grantee or any of the Grantee's agents or
representatives, offered or gave gratuities, favors, or gifts of monetary value to any official, employee or agent
of the State, in an attempt to secure a sub-agreement or favorable treatment in awarding, amending, or making
any determinations related to the performance of this Agreement, the State may, by written notice to the
Grantee, terminate this Agreement.
XVIII. PROGRAM-SPECIFIC REQUIREMENTS: S2 REPAYABLE GRANT
(A) General Representations. The Grantee represents and warrants to, and agrees with, the Authority and
DEQ, as of the date hereof as follows:
(1) Grant monies shall be expended only to cover application costs for loan assistance from the State
Revolving Fund (the "SRF") or the Strategic Water Quality Initiatives Fund (the "SWQIF").
(2) Grant funds shall not be used for general local government administrative activities or activities
performed by municipal employees.
(3) The Grantee has full legal right, power and authority tc execute this Agreement, and to consummate
all transactions contemplated by this Agreement, the Resolution, and any and all other agreements relating
thereto. The Grantee has duly authorized and approved the execution and delivery of this Agreement, the
performance by the Grantee of its obligations contained in this Agreement, and this Agreement is a valid,
legally binding action of the Grantee, enforceable in accordance with the terms thereof except as enforceability
may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting the rights
of creditors generally, and by principles of equity if equitable remedies are sought.
(4) The Resolution has been duly adopted by the Grantee, acting through its governing body, is in full
force and effect as of the date hereof, and is a valid, legally binding actionof the Grantee, enforceable in
accordance with the terms thereOf except as enforceability maybe limited by bankruptcy, insolvency,
reorganization, moratorium and other similar laws affecting the rights of creditors generally, and by principles o
equity if equitable remedies are sought.
(5) The execution and delivery of this Agreement by the Grantee, and the fulfillment of the terms and
conditions of, and the carrying out of the transactions contemplated by the Resolution and this Agreement do
not and will not conflict with or constitute on the part of the Grantee a breach of, or a default under any existing
law (including, without limitation, the Michigan Constitution), any court or administrative regulation, decree or
order or any agreement, indenture, mortgage, obligation, lease or other instrument to which the Grantee is
subject or by which it is bound and which breach or default would materially affect the validity or binding effect
of the Grant, or result ina-default or lien on any assets of the Grantee. No event has occurred or is continuing
which With the lapse Of time or the giving of notice, or both, would constitute a default by the Grantee under the
Resolution or this Agreement.
(6) No consent or approval of, or registration or declaration with, or permit from, any federal, state or other
governmental body or instrumentality, is or was required in connection with enactment by the Grantee of the
Resolution, or execution and delivery by the Grantee of this Agreement which has not already been obtained,
nor is any further election or referendum of voters required in connection therewith which has not already been
held and certified and all applicable referendum periods have expired.
(7) Proceeds of the Grant will be applied (i) to the financing of the Project or a portion thereof as set forth
in the Resolution and Exhibit A or (ii) to reimburse the Grantee for a portion of the cost of the Project. The
Grantee will expend the proceeds of each disbursement of the Grant for the governmental purpose for which
the Grant was issued.
6
(8) The attached Exhibit A contains a summary of the estimated cost of the Project, which the Grantee
certifies is a reasonable and accurate estimate.
(9) The Grantee reasonably expects (i) to fulfill all conditions set forth in this Agreement to receive and to
keep the Grant, and (ii) that no event will occur as set forth in this Agreement which will require the Grantee to
repay the Grant.
(B) Repayment of Grant. The Grantee shall repay the Grant, within 90 days of being informed to do so, with
interest calculated from the date Grant funds are first drawn at a rate not to exceed 8% per year, to be
determined by the Authority, to the Authority for deposit into the SWQIF if any of the following occur as
determined by the State:
(1) The Grantee fails to submit an administratively complete loan application for assistance from the SRF
or the SWQIF or other source of financing for the SRF or SVVQIF project within 3 years of the Grant award.
(2) The SRF or SWQ1F project has been identified as being in the fundable range or is approved for
funding from another source and the Grantee declines loan assistance for 2 consecutive fiscal years unless the
Grantee proceeds with funding from another source..
(3) The Grantee is unable to, or decides not to, proceed with constructing the SRF or SWQIF project.
(C) Covenants and Certifications.
(1) The Grantee has the legal, managerial, institutional, and financial capability to plan, design, and build
the Project, or cause the Project to be built, and cause all facilities eventually constructed to be adequately
operated.
(2) The applicant certifies that no undisclosed fact or event, or pending litigation, will materially or
adversely affect the Project, the prospects for its completion, or the applicant's ability to make timely
repayments of the grant if the Project does net proceed or if -the Project is funded through means other than a
loan from the SRF or the SWQIF.
(3) The Grantee agrees to provide as a minimum a 10% local match for grant-eligible costs and disburse
match funds to service providers concurrent with grant disbursements.
(4) The Grantee agrees to maintain complete books and records relating to the grant and financial affairs
of the Project in accordance with generally accepted accounting principles ("GAAP") and generally accepted
government auditing standards ("GAGAS").
(5) The Grantee agrees that all municipal contracts related to the Project will provide that the contractor
and any subcontractor may be subject to a financial audit and must comply with GAAP and GAGAS.
(6) The Grantee will notify the DEQ and the Authority within 30 days of the occurrence of any event
which, in the judgment of the applicant, will cause a material change in the financial condition of the Project, or,
if the applicant has knowledge, of the wastewater transport and treatment system of which the Project is a part.
Such events include the receipt of funding from any other sources, including another state or federal program,
for Project costs financed by the S2 Grant.
(7) The Grantee agrees to provide any necessary written authorizations to the DEQ and the Authority for
the purpose of examining, reviewing, or auditing the financial records of the Project. The applicant also agrees
to require similar authorizations from all contractors, consultants, property owners or agents with which the
applicant negotiates an agreement.
(8) The Grantee agrees that all pertinent records shall be retained and available to the DEQ and the
Authority for a minimum of three years after satisfactory completion of the Project and final payment. If
7
litigation, a claim, an ppPAI, or an audit is begun before the end of the three-year period, records shall be
retained and available until the three years have passed or until the action is completed and resolved,
whichever is longer.
(9) The Grantee agrees to ensure that planning and design activities of the Project are conducted in
compliance with the requirements of Part 53 of the Natural Resources and Environmental Protection Act, 1994
PA 451, as amended, its Administrative Rules and Recommended Standards for Wastewater Facilities
published by the Wastewater Committee of the Great Lakes — Upper Mississippi River Board of State and
Provincial Health and Environmental Managers, and all applicable state and federal laws, executive orders,
regulations, policies, and procedures.
(10) The Grantee agrees that the Project shall proceed in a timely fashion and will exercise its best efforts
to cause completion of the associated loan application requirements within three years of award of the 52
Grant from the Strategic Water Quality Initiatives Fund in accordance with Section 5204(a) of the Natural
Resources and Environmental Protection Act 1994, PA 451, as amended.
(11) The Grantee certifies that: (a) if it is the owner or operator of an oceangoing vessel or a non-
oceangoing vessel, it is in compliance with the requirements of MCL §324.3103a, and is on an applicable list
prepared under MCL §324.3103a(4); and (b) if it has contracts for the transportation of cargo with an
oceangoing or non-oceangoing vessel operator, that operator(s) is/are on an applicable list prepared under
MCL §324.3103a(4).
(D) Grantee Reimbursements and Deliverables
The Grantee may request grant disbursements no more frequently than monthly, using the Disbursement
Request Form provided by the DEQ. Upon receipt of a disbursement request, the DEQ will notify the
Authority, which will in turn disburse grant funds equal. to 90% of eligible costs that have been adequately
documented. The forms provided by the State will include instructions on their use and shall be submitted to
the State representative at the address on page 1. All required supporting documentation (invoices) for
expenses must be included with the disbursement request form: The Grantee is responsible for the final
submittal of all documents prepared under this Grant and included in the Project Scope identified in Exhibit A.
(E) Miscellaneous Provisions.
(1) Applicable Law and Nonassionability. This Agreement shall be governed by the laws of the State of
Michigan.
(2) Severability. If any clause, provision or section of this Agreement be ruled invalid or unenforceable by
any court of competent jurisdiction, the invalidity or unenforceability of such clause, provision or section shall
not affect any of the remaining clauses, provisions or sections.
(3) Execution of Counterparts. This Agreement may be executed in several counterparts each of which
shall be regarded as an original and all of which shall constitute one and the same document.
XIX. USE OF MATERIAL
Unless otherwise specified in this Agreement, the Grantee may release information or material developed
under this Agreement, provided it is acknowledged that the DEQ funded all or a portion of its development.
XX. SUBCONTRACTS
The State reserves the right to deny the use of any consultant, contractor, associate or other personnel to
perform any portion of the project. The Grantee is solely responsible for all contractual activities performed
under this Agreement. Further, the State will consider the Grantee to be the sole point of contact with regard
to contractual matters, including payment of any and all charges resulting from the anticipated Grant. All
8
subcontractors used by the Grantee in performing the project shall be subject to the provisions of this
Agreement and shall be qualified to perform the duties required.
XXI, ANTI-LOBBYING
If all or a portion of this Agreement is funded with state funds, then the Grantee shall not use any of the grant
funds awarded in this Agreement for the purpose of lobbying as defined in the State of Michigan's lobbying
statute, MCL 4.415(2). "Lobbying' means communicating directly with an official of the executive branch of
state government or an official in the legislative branch of state government for the purpose of influencing
legislative or administrative action." The Grantee shall not use any of the grant funds awarded in this
Agreement for the purpose of litigation against the State. Further, the Grantee shall require that language of
this assurance be included in the award documents of all subawards at all tiers.
9
Project No.
S2 Grant Program
Exhibit A
Grantee:
Project Name:
DEQ Approved Grant Amount: $
Dollars
Time Period for Eligible Costs: Start Date (month/year)
End Date (month/year)
Description of Approved Project Scope:
DEQ Approved Project Costs
1. Planning Costs $
2. Revenue System Development Costs $
3. Design Engineering Costs $
4. Eligible Cost Subtotal $
5. LESS (>10%) Local Match $
6. Approved S2 Grant Amount (Line 4 minus Line 5) $
The following services have been determined to be ineligible for S2 Grant assistance, for the reasons listed,
and have been excluded from the approved project costs shown above:
10
FISCAL NOTE (MISC. #13039) March 6,2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER — WATER, SEWER & LAKE LEVEL
SUPERVISORY CONTROL DATA ACQUISITION (SCADA) SYSTEM PROJECT — MDEQ S2
GRANT AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The Water Resources Commissioner has applied for an S2-Grant award from the
Michigan Department of Environmental Quality to be used to pay for planning
and design services needed to create biddable plans and specifications for the
new County Wide Supervisory Control and Data Acquisition (SCADA) system.
2. The $498,334 (90% of total project cost) grant will offset the enterprise and
special revenue funding for the common to all part of the County Wide
Supervisory Control and Data Acquisition system.
3. The total cost of $553,705 will be offset by the grant and a 10% match of
enterprise and special revenue funds for $55,371.
4. A budget amendment will be completed at the time the grant has been awarded
and accepted.
5. Application and acceptance of this grant does not obligate the county to any
future commitment.
FINANCE COMMITIEE
fr
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #13039 March 6, 2013
Moved by Bosnic supported by Quarles the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Weipert, Woodward, Zack. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HERE 'L-• S IlESOLUTION
CHIEF DEPIP _ C. JN -,Y EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 6, 2013,
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 6th day of March, 2013.
Lisa Brown, Oakland County