HomeMy WebLinkAboutResolutions - 2013.12.12 - 21124MISCELLANEOUS RESOLUTION #13308 December 12, 2013
BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: WATER RESOURCES COMMISSIONER — 2013 COUNTY-WIDE SCADA SYSTEM S2 GRANT
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Water Resources Commissioner (WRC) has applied for and been awarded funding for the
52 Grant Program by the Michigan Department of Environmental Quality (DEQ); and
WHEREAS the DEQ required an authorizing resolution be submitted at time of application; and
WHEREAS Miscellaneous Resolution #13039 was approved by the Oakland County Board of
Commissioners on March 6, 2013 and authorized the grant agreement; and
WHEREAS the Fiscal Note for Miscellaneous Resolution #13039 stated that a budget amendment would
be completed at the time of the grant award; and
WHEREAS the grant period is August 2011 through June 2014; and
WHEREAS WRC applied for and was awarded $553,705 in grant funding; and
WHEREAS the required grant match is 10 0/D of the award amount, which is $55,370; and
WHEREAS grant funding will pay for planning and design services needed to create biddable plans and
specifications for the County Wide Supervisory Control and Data Acquisition (SCADA) system; and
WHEREAS the SCADA system is a combination of computers, servers, and communication equipment
designed to work together for the purpose of monitoring and/or controlling a complex water and wastewater
treatment or pumping process; and
WHEREAS the SCADA system provides for monitoring and control of more than 275 sites across the
County that covers more than 900 square miles; and
WHEREAS the SCADA system includes a "common to all" segment that is supported by the Oakland
County Drain Equipment Fund; and
WHEREAS the total SCADA System 52 "common to all" budget is $2,366,338; and
WHEREAS this grant award will be used to offset special revenue funding for the "common to air' SCADA
system; and
WHEREAS this grant award has been processed through the County Executive's Contract Review
Process and the Board of Commissioners' Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
Oakland County SCADA System S2 Grant award in the amount of $553,705, which includes $498,335 of grant
funding and $55,370 in matching funds, for the period of August 2011 through June 2014.
BE IT FURTHER RESOLVED that pursuant to Miscellaneous Resolution #13039, the 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 Manager, a position currently held by Tim Prince, P.E., are designated
as the Authorized Representatives for purposes of the S2 Grant Agreement.
BE IT FURTHER RESOLVED that continuation of this program, including positions, is contingent upon
continued grant, general fund, and Restricted Revenue Account funding,
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMIAITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gosselin and Woodward absent.
GRANT REVIEW SIGN OFF — Water Resource Commissioner
GRANT NAME: 2013 County-wide SCADA System S2 Grant
FUNDING AGENCY: Michigan Department of Environmental Quality
DEPARTMENT CONTACT PERSON: Tom Maxwell 858-0739
STATUS: Acceptance
DATE: November 20, 2013
Pursuant to Misc. Resolution #13180, 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
Corrmiissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (11/14/2013)
Department of Human Resources:
Approved. —Karen Jones (11/20/2013)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (11115/2013)
Corporation Counsel:
The grant has already been executed by the State and the Water Resources Commission. The Resolution
approved by the BOG on March 6, 2013 authorized WRC to execute the S2 Agreement. Therefore, the
Agreement was previously authorized by the Board.
My confluents are the same I pointed out with the grant application. Section IX Liability requires the County to
be responsible for the acts of the subcontractor. The County does not have the legal authority to take on such
liability. The MDEQ would not change the language for this grant or the recent SAW grant. Tom Maxwell of the
WRC has agreed to request that the MDEQ re-evaluate their stance on this language after the WRC learns if it
received funding from the MDEQ for a SAW grant. The goal is to get the language changed for future grants.
- JoeIlen Shortley (11/19/2013)
COMPLIANCE
This grant application and agreement references a number of specific federal and state regulations. Below is a
list of these specifically cited compliance related documents for this grant. Please review the grant application and
agreement for additional compliance requirements.
Natural Resources and Environmental Protection Act - "Act 451 of 1994"
hap ://www Jegisl aturesni. gov/(S (reto3p55142zqyjOi ocihi ev))/mileg.aspx?page---0 etObj ect&objectnarne-mcl-Act-45 1 -of-
1994
Michigan Civil Rights Act (1976 P.A. 453)
http://www.legisiatw'e.mi.gov/(S(eavsv4bgorpdowvl vebyl y03 ,(4))/rnil eg.aspx? page= etobi ect&obieetname=mcl-Act-453-of-
1976
STATE OF MICHIGAN
DEPARTMENT OF ENVIRONMENTAL QUALITY
LANSING
DE&
RICK SNYDER
DAN WYANT
GOVERNOR DIRECTOR
October 7, 2013
Mr. Jim Nash, Water Resources Commissioner
Oakland County Water Resources Commissioner
One Public Works Drive
Waterford, Michigan 48328
Dear Mr. Nash:
RECEIVED
SUBJECT: 82 Grant Program
Oakland County Water Resources Commissioner, Count
T 82 Grant No. 9261-01
Water Resource Congratulations on your award of an S2 Grant for the above-referenced project. Attaoho011Asionel-
one original signed copy of your S2 Grant Agreement. You may immediately request a
disbursement for any previously-incurred eligible costs. Additional disbursements can be
requested as eligible costs are incurred. Enclosed is a copy of the 82 Grant Disbursement
Request (DR) form and Disbursement Instructions. Additional forms are available on the
website noted below.
Below is a list of important 82 Grant Program reminders and requirements:
4 The first and final DRs must be submitted by mail and include an "original" signature of an
Authorized Representative.
Each DR must be accompanied by complete supporting documentation (invoices or proof of
payment) of incurred costs.
e Subsequent DRs can be emailed to your project manager or faxed to our office at
517-373-4797 (do not fax supporting documentation if over three pages submit by mail).
4 DRs can be submitted at any time but only one per calendar month will be processed.
4 The approved budget period for your grant-funded activities closes at the end of June 2014,
o Each DR must include a brief status report on the 82 Grant activities completed to date,
o It is very important that the 82 Grant-funded activities adhere to the SRF/SWQIF Project
Plan Preparation Guidance and the Clean Water Revolving Funds Design Phase Guidance.
6 Project scope or end date changes need Department of Environmental Quality (DEQ)
approval in advance.
4 Within 30 days following the grant end date, all deliverables must be submitted to the DEQ
for review/approval.
4 A complete loan application includes three DEQ-approved components: SRF/SWQIF Project
Plan, plans and specifications, and a revenue system.
4 Visit our web page at http://vvww.michigan ,govkleq/0,1607,7-135-3307_35154143---,00,html.
it is essential that your community's 82 Grant-funded activities culminate in the submittal of
an administratively complete loan application for assistance from the SRF or the SWQIE
programs or other source of financing for the project no later than September 30, 2016.
Failure to do so may result in all grant funds becoming repayable and due according to the
terms of the S2 Agreement. We strongly recommend that you read Section XVIII(B)(1-3),
located on page 7 of the attached 82 Agreement, before drawing any S2 Grant Funds.
CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973
www,m/chlgan.govideq • (800) 002-9279
Mr. Jim Nash
Page 2
October 7, 2013
I would recommend that we schedule a meeting or a conference call with your consulting
engineer as soon as possible to assist you in development of approvable documents in
preparation for an SRF/SWQIF loan application. In addition, working closely with your Water
Resources Division District Engineer will help to ensure that the 52 Grant-funded work products
to be developed will adequately address community need and satisfy SRF/SWQIF Program
criteria.
Again, congratulations on taking this step toward protection of water quality and public health in
Michigan. Should you have any questions, please contact me at the phone number listed
below, e-mail at NickolsK@michigan.gov , or by mail at DEQ, P.O. Box 30241, Lansing,
Michigan 48909-7741.
Karen NickoIs, Project Manager
Revolving Loan Section
Office of Drinking Water and Municipal Assistance
517-284-5414
Enclosures
CC : Mr. James Rydquist, Tetra Tech - Detroit
Mr. Joe Fielek, Department of Treasury, MFA
Mr, Alan J. Lambert, Attorney General
Ms. Kristin Dell, DEQ-Water Resources Division, SE Michigan District Office
Ms. Debbie Martinson, DEQ
MICHIGAN DEPARTMENT OF .ENVIRONMENTAL QUALITY — OFFICE OF DRINKING WATER AND MUNICIPAL ASSISTANCE
REVOLVING LOAN SECTION
S2 (SRFISWQIF) GRANT PROGRAM
REQUEST FOR DISBURSEMENT OF FUNDS
THIS INFORMATION REQUIRED UNDER AUTHORITY OF PARTS 52 AND 53, 1994 PA 451,
DOCUMENTATION TO SUPPORT THE INCURRED COSTS MUST BE INCLUDED WITH EACH REQUEST
PLEASE SEE OTHER SIDE FOR INSTRUCTIONS TO COMPLETE REQUEST
A. Project # B. Request # C. Period Covered by Request
to
D. Request Type
0 partial 0 final
E. Grantee's FIN F. Grant Amount
(WM) rMiDlY)
G. Grantee Name: Phone #
Address:
H. Grantee's Bank Name: Phone #
Address:
Account Name: ABA fit Account #
Special Instructions:
I. Budget Items (Include dollars and cents) Approved Amount Incurred
for Request Period
Approved Amount
Incurred to Date
I. PLANNING COSTS
2, REVENUE SYSTEM DEVELOPMENT COSTS
3. DESIGN ENGINEERING COSTS
4. TOTAL AMOUNT INCURRED FOR PERIOD COVERED BY THIS REQUEST _
5. TOTAL CUMULATIVE AMOUNT INCURRED TO DATE
6, TEN PERCENT OF THE TOTAL CUMULATIVE AMOUNT
7, AMOUNT PREVIOUSLY DISBURSED
8. AMOUNT REQUESTED FOR DISBURSEMENT
- 1.
J. For each request, describe the scope of work completed to date. Discuss the progress made on the services not yet complete and a schedule for
their completion by the grant period end date, If the scope of work will exceed the grant period, request a grant period extension from your DEO project
manager prior to incurring the costs.
1 certify that I am an authorized representative
no pending litigation or event which will
and covenants contained in the grant agreement
accurate in all material respects as of the
terms of the grant agreement and the application
requested,
Authorized Representative Name (Print
Authorized Representative Signature
PLEASE RETURN
of the grantee and am authorized to make the following certifications on behalf of the grantee: (i) there is
materially and adversely affect the project or the prospects for Its completion; (ii) the representations, warranties
for the obligations pursuant" to which this request for disbursement Is submitted continue to be true end
date hereof; (III) to the best of my knowledge and belief, the costs above were incurred in accordance with the
for assistance for this project and (iv) the amount requested for disbursement has not previously been
or Type): Title:
(Original): Date:
THIS COMPLETED REQUEST TO THE ADDRESS SHOWN ON THE REVERSE SIDE
(Rev. 3/2011) EQP3531
,DEO.
Michigan Finance Authority
STATE REVOLVING FUND AND STRATEGIC WATER.QUALITY INITIATIVES FUND (mS2B)
GRANT AGREEMENT
This Grant Agreement ("Agreement") is made as of September 30, 2013 among the Michigan Department of Environmental
Quality, Resource Management Division (the "DEQ"), the Michigan Finance Authority (the "Authority) (the DE Q and the
Authority are, collectively, the "State") and the Oakland County County of Oakland ("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.
Prof:Irani Specific Requirements; 52 Grant,
Award of a Grant under this Agreement and completion of the activities identified in Exhibit A de not guarantee loan
assistance from the State Revolving Fund or Strateglo Water Quality Initiatives Fund,
GRANTEE INFORMATION:
Jim Nash, Water Resources Commfsstoner
NamefTltle or Authorized Representative
One Public Works Dr. Bldg 95 West
Address
Watellord, MI 48328-1907
Address
248-858-0958
Telephone number
248-858-1066
Fax number
COffeVSUnOakSIOV,COM
E-mail address
38-6004876
Federal ID number
DEO REPRESENTATIVE:
Sonya T. Butler, Chief
Name/Title
625 West Allegan St., PO Box 30473
Address
LEITISIMI, MI 48909-7973
Address
(617) 373-2161
Telephone number
(617) 336-0743
Fax number
butlers2mlchiganstbv
E-mail address
GRANT INFORMATION:
Project Name: County-wide SCADA System
Pr*ct#: 0261-01
Mount of Grant: $ 498,335.00
Amount of Match $ 55,370.00 (-10Mor more)
Project Total $ 553,705.00 Want plus match)
Start Date: Auultst 2011 End Date: June 2014
AUTHORITY REPRESENTATIVE:
Joseph L, Fielek, Executive Director, MFA
NamafTltie
430 W. Allegan St., Austin Bldg,
Address
Lansing, MI 48922
Address
(517) 335-0994
Telephone number
(517) 241-1233
Fax number
trees bondfinance
E-mail address
S nature of Grantee
..„.14-10% do& L I ilia-IL-ca. eip-5004- e-4010.1.
Name and title (typed or printed)
ls Authofized Officer
September 30, 2013
Date
L PROJECT SCOPE
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.
September 30, 2013
Date
iliCHIGAN DEPARTMENT (:), ENVIRONMENTAL QUALITY
September 30, 2013
Date
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.
III. 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 XVIII 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 Agreement 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 shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2101 et seq, the Personswith 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, IVICL 423.321 at 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.
(D) 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),
XII, 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 heid 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 acdordance 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, due to Executive Order, budgetary reduction,
or other lack of funding.
XVII. TERMINATION
(A) This Agreement may also be terminated by the State 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 and
conditions of the agreement or with the requirements of the authorizing legislation cited on page 1 or the rules
promulgated thereunder, or with other applicable law or rules. If the Grant is terminated, the State may recover
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 of
the Grantee, or any agent of any subagreernent, 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 to 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
ef 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 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.
(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 in a 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 SWQIF project within 3 years of the Grant award.
(2) The SRF or SWQ(F 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 not 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'T) 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 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,
(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 82
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 Nonassignabilitv. 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 4A15(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. 9261-01
S2 Grant Program
Exhibit A
Grantee: Oakland County Water Resources Commissioner, Count Agency
Project Name: County-wide Supervisory Control and Data Acquisition Sytem
DEQ Approved Grant Amount: $498,334 (Four Hundred Ninety-eight Thousand Three Hundred
Thirty-four Dollars)
Time Period for Eligible Costs: Start Date August 2011
End Date June 2014
Description of Approved Project Scope: Preparation and completion of a State Revolving Fund
project plan and associated design engineering costs.
DEQ Approved Project Costs
. Planning Costs $290,193
2. Revenue System Development Costs $0-
3. Design Engineering Costs $263,512
4. Eligible Cost Subtotal $553,705
5. LESS (?.10%) Local Match $55,370
a Approved 82 Grant Amount (Line 4 minus Line 5) $498,335
FISCAL NOTE (MISC. #13308) December 12, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER — 2013 COUNTY-WIDE SCADA SYSTEM S2
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 Water Resources Commissioner has accepted 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.
The $553,705 grant award includes $498,335 of grant funding and $55,370 in
matching funds with the grant period of August 2011 through June 2014.
2. The 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 County Wide Supervisory Control and Data Acquisition (SCADA) system
common to all project cost is $2,366,338, with $807,361 spent in FY 2013, and
the remaining $1,558,977 allocated back in FY 2014 to the appropriate water,
sewer and other funds that will benefit from the SCADA project.
4. Acceptance of this grant does not obligate the county to any future commitment.
5. A budget amendment is recommended as follows:
Drain Equipment Fund 63900 - Project 1-1669
Revenue
6010101-149760-615572 State Capital Grants
6010101-149760-631827 Reimbursement General
Total Revenue
Expense
6010101-149760-730373 Contracted Services
Total Expenditures
Water and Sewer Trust Fund 57010
Revenue
6010101-149030-632450 Water Sales General
6010101-149030-632086 Sewage Disposal Services
Total Revenue
Expense
6010101-149290-771639 Drain Equipment
6010101-149030-771639 Drain Equipment
Total Expenditures
Clinton Oakland SIDS Fund 58600
Revenue
6010101-149030-632086 Sewage Disposal Services
Total Revenue
Expense
6010101-149667-771639 Drain Equipment
Total Expenditures
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott and Matis absent.
FY2014
$ 498,335
$1,060,642
$1,558,977
$1,558,977
$1,558,977
$ 258,377
$ 512,825
$ 771,202
$ 258,377
$ 512,825
$ 771,202
$ 49,320
$ 49,320
$ 49,320
$ 49,320
Evergreen Farmington SDS Fund 58410
Revenue
6010101-149030-632086 Sewage Disposal Services $ 60,775
Total Revenue $ 60,775
Expense
6010101-149667-771639 Drain Equipment $ 60,775
Total Expenditures $ 60,775
SOCSDS Pollution Control Fund 58520
Revenue
6010101-149030-632086 Sewage Disposal Services $ 30,334
Total Revenue $ 30,334
Expense
6010101-149667-771639 Drain Equipment
Total Expenditures
Oakland Macomb Interceptor Fund 82912
Revenue
6010101-155020-632086 Sewage Disposal Services
Total Revenue
Expense
6010101-155020-771639 Drain Equipment
Total Expenditures
Pontiac WWTF Drain Fund 82534
Revenue
6010101-155020-605572 Special Assessments
Total Revenue
Expense
6010101-155020-771639 Drain Equipment
Total Expenditures
$ 30,334
$ 30,334
$ 18,985
$ 18,985
$ 18,985
18,985
$ 37,971
$ 37,971
$ 37,971
37,971
Pontiac Sewer Fund 57434
Revenue
6010101-149030-632086 Sewage Disposal Services $ 41,789
Total Revenue $ 41,789
Expense
6010101-149810-771639 Drain Equipment
Total Expenditures
Pontiac Water Fund 57234
Revenue
6010101-149030-632450 Water Sales General
Total Revenue
Expense
6010101-149810-771639 Drain Equipment
Total Expenditures
$ 41,789
41,789
$ 11,349
11,349
$ 11,349
$ 11,349
Acacia Park CSO Drain Fund 82725
Revenue
6010101-155020-605572 Special Assessments
Total Revenue
Expense
6010101-149667-771639 Drain Equipment
Total Expenditures
Birmingham CSO Drain Fund 82728
Revenue
6010101-155020-605572 Special. Assessments
Total Revenue
Expense
6010101-149667-771639 Drain Equipment
Total Expenditures
Bloomfield Village CSO Drain Fund 82730
Revenue
6010101-155020-605572 Special Assessments
Total Revenue
Expense
6010101-149667-771639 Drain Equipment
Total Expenditures
Lake Level Funds 24000
Revenue
6010101-173110-605572 Special Assessments
Total Revenue
7,637
$ 7,637
$ 7,637
$ 7,637
7,637
7,637
$ 7,637
$ 7,637
$ 7,637
$ 7,637
7,637
7,637
$ 16,006
$ 16,006
Expense
6010101-149810-771639 Drain Equipment
Total Expenditures
Resolution #13308 December 12, 2013
Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Zack, Bosnic, Crawford. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
oil 67(2
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY ffiXECUTIVE
ACTING PURSUANT TO MCI_ 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, 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 December 12,
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 12th day of December 2013.
250-/
Lisa Brown, Oakland County