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HomeMy WebLinkAboutResolutions - 2018.09.05 - 23764MISCELLANEOUS RESOLUTION #18310.. . September 5, 2018 BY: Commissioner Philip Weipert, Chairperson, Planning and Building Committee IN RE: FACILITIES MANAGEMENT — INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA) FOR LANDSCAPE SERVICES ARMY RESERVE CENTER 2650 WATKINS LAKE RD, WATERFORD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County currently leases 3.8 acres of land at 2650 Watkins Lake Road to the United States of America, commonly known as, the Donald R. Moyer Army Reserve Center; and WHEREAS the land lease ends on June 301h, 2039; and WHEREAS the property is managed by the 88th Readiness Division, (88th) Fort McCoy, Wisconsin; and WHEREAS the 88'h would like the County to take over landscape services for the property; and WHEREAS the County FM&O Grounds Unit has submitted itemized costs for landscape services and the 88th has agreed to them; and WHEREAS in conjunction with the 88th, Facilities Management and Corporation Counsel have prepared an Intergovernmental Support Agreement (IGSA) which is attached hereto; and WHEREAS the services to be provided and their costs have been incorporated into the attached IGSA; and WHEREAS the attached IGSA will achieve cost savings for the 88th and will be cost-neutral for the County; and WHEREAS the County will now be able to maintain the property at the same landscape standards as all other County Campus grounds; and WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and approved the attached IGSA; and WHEREAS the Departments of Facilities Management and Corporation Counsel recommends that the Board of Commissioners approve the attached IGSA. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Intergovernmental Support Agreement with the 88th Readiness Division Army Reserve Center located at 2650 Watkins Lake Rd, Waterford, MI, for landscape services to be provided by the County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or designee to execute the IGSA between the County and the 88th Readiness Division and any other related documents. • Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote. (17/ Commissioner Philip Weipert, District #8 Chairperson, Planning and Building Committee ADR REVIEW SIGN OFF — Facilities Management RESOLUTION TITLE: Facilities Management - Intergovernmental Support Agreement (IGSA) for Landscape Services Army Reserve Center 2650 Watkins Lake Rd, Waterford DEPARTMENT CONTACT PERSON: Paul Zachos, 858-5380 DATE: 8/16/2018 DEPARTMENT REVIEW Department of Human Resources: —Ap-proved-(No-C-ammittee) I leather-Mason (8114f2018) Corporation Counsel: Approved -Jody Hall (8/14/2018) Department of Management and Budget: Approved - Lynn Sonkiss (8/16/2018) INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA) BETWEEN THE 88th Readiness Division Fort McCoy, Wisconsin AND OAKLAND COUNTY, MICHIGAN ahis-is-an-Intergovernmental-Support-Agreement-(hereafter-refeffed-to-as-the-IGSA Agreement) between the 88th Readiness Division, Fort McCoy, Wisconsin (hereafter, 88th) and Oakland County, Michigan (hereafter, County) is entered into pursuant to federal law codified at 10 USC 2679. The statute authorizes the Secretary of the Army to enter into an IGSA on a sole source basis with a state or local government to receive installation support and services. The Secretary of the Army has delegated authority to Chief, Army Reserves (hereafter CAR) to approve agreements on behalf of the United States and the Army and the CAR has approved the execution of this IGSA. The purpose of this IGSA, to provide grounds keeping service to Donald R. Moyer Army Reserve Center, 2650 Watkins Lake Rd., Waterford, MI 48328 (hereafter RC), as defined and explained in the Statement of Work (SOW) (Attachment #1) said installation support services to be furnished by the County, said service to be paid by the 88th, in accordance with appropriate reimbursement and quality control procedures. The parties undertake this Agreement in order to provide services, supplies or construction to the RC thru the 88th, so as to achieve cost savings for the Department of the Army, and to provide the benefit of additional revenues to local governments and their work forces. RESPONSIBILITIES OF THE PARTIES: The County shall perform the installation support services as stated in this IGSA. The term "installation support services" only includes services, supplies, resources and support typically provided by a local government for its own needs and without regard to whether such services, supplies resources, and support are provided to its residents generally, except that the term does not include security guard or firefighting services. This is a non-personal services agreement. Each party is responsible for all costs of its personnel including pay, benefits, support and travel. Each party is responsible for supervision or management of its personnel. The tasks, duties and responsibilities set forth in this IGSA may not be interpreted or implemented in any manner that results in County personnel creating or modifying federal policy, obligating appropriated funds of the United States, or overseeing the work of federal employees. Under no circumstances, shall County employees or County's be deemed federal employees. If the County shall provide services through a contract, the contract must be 1 -UNCLASSIFIED awarded through competitive procedures. NOTE: This requirement does not apply to collective bargaining agreements between the County and its employees. Employees of the United States may not perform services for or on behalf of the County without the approval of the Agreements Officer. 2 -UNCLASSIFIED SUMMARY OF SERVICES AND PRICE: The specific services to be performed by the County are: U' Year — Beginning 1 September 2018 Quantity Unit Price Amount Mowing (Weekly from April-October) Mow to 2.5 — 3.5 inches by season Disperse or pickup clippings as necessary Blow clippings from all paved surfaces Edge walks and curbs on a bi-weekly basis 8 Week $94.45 $755.60 Fertilize and Weed Control Spring - Crabgrass Pre-emergent and Broadleaf Weed Control Late Spring - Broadleaf Weed Control and Fertilizer Summer - Fertilizer Fall - Broadleaf Weed Control and Fertilizer I Application $110.14 $110.14 Bed Care - Parking lot weed control Keep Bed and Tree Rings Weed free Spray weeds in parking lot with Roundup / Surflan Herbicide Mix 8 Week $28.67 229.36 Aeration: Core Aerate Turf areas in Spring prior to weed and feed 1 Aeration $217.55 $217.55 Fall Cleanup 3 visits in November Remove all leaves from site and dispose off-site; Mow turf at 2.5" height Blow off all paved surfaces 3 Visit $174.62 $523.86 Crew Chief As Needed Hour $47.37 Specialist As Needed Hour $43.51 Groundskeeper I As Needed Hour $38.12 Groundskeeper II As Needed Hour $40.14 General Helper As Needed Hour $15.01 Total $1836.51 3 -UNCLASSIFIED 2nd Year — Beginning 1 April 2019 Quantity Unit Price Amount Mowing (Weekly from April-October) Mow to 2.5 — 3.5 inches by season Disperse or pickup clippings as necessary Blow clippings from all paved surfaces Edge walks and curbs on a bi-weekly basis 28 Week $99.28 $2779.84 Fertilize and Weed Control Spring - Crabgrass Pre-emergent and Broadleaf Weed Control 1 Application $113.44 $113.44 Late Spring - Broadleaf Weed Control and Fertilizer Summer - Fertilizer Fall - Broadleaf Weed Control and Fertilizer Bed Care - Parking lot weed control Keep Bed and Tree Rings Weed free Spray weeds in parking lot with Roundup / Surflan Herbicide Mix 28 Week $29.53 $826.84 Aeration: Core Aerate Turf areas in September 1 Aeration $224.08 $224.08 Fall Cleanup 3 visits in November Remove all leaves from site and dispose off-site; Mow turf at 2.5" height Blow off all paved surfaces 3 Visit $179.86 $539.58 Crew Chief As Needed Hour $47.51 Specialist As Needed Hour $43.64 Groundskeeper I As Needed Hour $38.23 Groundskeeper II As Needed Hour $40.26 General Helper As Needed Hour $15.06 Total $4483.78 4 -UNCLASSIFIED -,rd i Year — Beginning 1 April 2020 Quantity Unit Price Amount Mowing (Weekly from April-October) Mow to 2.5 — 3.5 inches by season Disperse or pickup clippings as necessary Blow clippings from all paved surfaces Edge walks and curbs on a hi-weekly basis 28 Week $100.20 $2,805.60 Fertilize and Weed Control Spring - Crabgrass Pre-emergent and Broadleaf Weed Control 1 Application $116.85 $116.85 Late Spring - Broadleaf Weed Control and Fertilizer Summer - Fertilizer Fall - Broadleaf Weed Control and Fertilizer Bed Care - Parking lot weed control Keep Bed and Tree Rings Weed free Spray weeds in parking lot with Roundup / Surflan Herbicide Mix 28 Week $30,42 $851,76 Aeration: Core Aerate Turf areas in September 1 Aeration $230.80 $230.80 Fall Cleanup 3 visits in November Remove all leaves from site and dispose off-site; Mow turf at 2.5" height Blow off all paved surfaces 3 Visit $185.25 $555.75 Crew Chief As Needed Hour $48.94 Specialist As Needed Hour $44.95 Groundskeeper I As Needed Hour $39.38 Groundskeeper II As Needed Hour $41.47 General Helper As Needed Hour $15.51 Total $4560.76 5 -UNCLASSIFIED 4th Year — Beginning 1 April 2021 Quantity Unit Price Amount Mowing (Weekly from April-October) Mow to 2.5 — 3.5 inches by season Disperse or pickup clippings as necessary Blow clippings from all paved surfaces Edge walks and curbs on a bi-weeldy basis 28 Week $103.21 $2,889.88 Fertilize and Weed Control Spring - Crabgrass Pre-emergent and Broadleaf Weed Control 1 Application $120.35 $120.35 Late Spring - Broadleaf Weed Control and Fertilizer Summer - Fertilizer Fall - Broadleaf Weed Control and Fertilizer Bed Care - Parking lot weed control Keep Bed and Tree Rings Weed free Spray weeds in parking lot with Roundup / Surflan Herbicide Mix 28 Week $31.33 $877.24 Aeration: Core Aerate Turf areas in September 1 Aeration $237.72 $237.72 Fall Cleanup 3 visits in November Remove all leaves from site and dispose off-site; Mow turf at 2.5" height Blow off all paved surfaces 3 Visit $190.81 $572.43 Crew Chief As Needed Hour $50.41 Specialist As Needed Hour $46.30 Groundskeeper I As Needed Hour $40.56 Groundskeeper II As Needed Hour $42.71 General Helper As Needed Hour $15.97 Total $4697.62 6 -UNCLASSIFIED 5th Year — Beginning 1 April 2022 Quantity Unit Price Amount Mowing (Weekly from April-October) Mow to 2.5 — 3.5 inches by season Disperse or pickup clippings as necessary Blow clippings from all paved surfaces Edge walks and curbs on a bi-weekly basis 28 Week $106.30 $2,976.40 Fertilize and Weed Control Spring - Crabgrass Pre-emergent and Broadleaf Weed Control 1 Application $123.96 $123.96 Late Spring - Broadleaf Weed Control and Fertilizer Summer - Fertilizer Fall - Broadleaf Weed Control and Fertilizer Bed Care - Parking lot weed control Keep Bed and Tree Rings Weed free Spray weeds in parking lot with Roundup / Surflan Herbicide Mix 28 Week $32.27 $903.56 Aeration: Core Aerate Turf areas in September 1 Aeration $244.85 $244.85 Fall Cleanup 3 visits in November Remove all leaves from site and dispose off-site; Mow turf at 2.5" height Blow off all paved surfaces 3 Visit $196.54 $589.62 Crew Chief As Needed Hour $51.92 Specialist As Needed Flour $47.69 Groundskeeper I As Needed Hour $41.78 Groundskeeper II As Needed Hour $43.99 General Helper As Needed Hour $16.45 Total $4838.39 7 -UNCLASSIFIED In consideration for the services outlined below to be provided by the County, the 88th agrees to pay the County in accordance with the following schedule: 1 st year Services Total - $1836.51 in 2 monthly units; Unit price: $918.26 2nd year Services Total - $4483.78 in 7 monthly units; Unit price: $640.54 3 rd year Services Total - $4560.76 in 7 monthly units; Unit price: $651.53 4th year Services Total - $4697.62 in 7 monthly units; Unit price: $671.09 5th year Services Total - $4838.39 in 7 monthly units; Unit price: $691.20 The above-conditions-shall-be-a licahle for eadrallonnent of-funning provid 11 II • Agreement. TERM OF AGREEMENT: The tem' of this agreement shall be not more than 5 years. The term of this Agreement shall be for one year from the execution of the Agreement by the Agreements Officer, and renewable for successive one-year periods for 4 additional years. The 88th shall only be obligated for only one year of performance under the agreement, as it has no authority to obligate additional periods of performance without appropriation of adequate funds by the Congress. The United States shall only be obligated for an additional year of perfoimance upon receipt of such funds, and only upon written notice by the Agreement Officer of an intent to award the option for an additional year of performance. The Agreements Officer shall provide notice of the renewal of the IGSA at least 10 days prior to the expiration of then current performance period. The Agreements Officer may condition the renewal upon availability of funds and may suspend performance of the renewed period at no additional cost to the United States, until adequate funds have been received. If funds are not received, the parties agree that the Agreement can be unilaterally teiminated by the Agreements Officer without further liability to the United States. PAYMENT: The 88th shall pay the County for services based upon satisfactory completion of services on a monthly basis. Payment shall be based for services provided as set forth in this Agreement. The County shall not include any State or Local taxes in the prices it charges the United States unless approved by the Agreements Officer in advance. The County shall electronically submit invoices or payment requests to the Government's Coordination Representative (CR) and the Agreements Officer. The Agreements Officer will not authorize payment unless all billed services have been satisfactorily completed, and may reduce the amount(s) billed for unsatisfactory or partial performance, or for other reasons specified in this Agreement. The Government will make payment in accordance with the Prompt Payment Act (31 USC 3903) and implementing regulations Interest shall be paid for late payments as required by the Act and shall be paid at the rate established by the Secretary of the Treasury for disputes under the Contract Disputes Act of 1978. 8 -UNCLASSIFIED The payment method for IGSAs will be made via Miscellaneous Payment transactions processed through the General Fund Enterprise Business System (GFEBS). All IGSAs will be manually entered into GFEBS to commit and obligate funds. Payments will be processed within GFEBS by the garrison Resource Management office, who will submit payment documents to DFAS who will issue payment via electronic fund transfer (EFT) or check to the Service Provider. OPEN COMMUNICATIONS AND QUALITY CONTROL: The Parties shall identify and present any issues and concerns that could potentially impede successful performance of the IGSA in a timely and professional manner. The County shall maintain a quality control plan to ensure all work is completed within the specified timelines and quality standards specified in the Agreement. After its execution, an initial joint meeting of the Parties will be conducted to discusthëiiiiffTleflSAThe initial meeting shall also discuss orientation of the County and its employees to work areas on the installation as well a phase-in plan to permit the orderly transition of responsibilities for performance of the services by the County. INSPECTION OF SERVICES: The County will only tender services and goods in conformance with the IGSA. The [installation proponent for the services with Agreements Officer concurrence] shall appoint a CR who will be responsible for inspecting all services performed. The County will be notified of the identity of the CR and his alternate, and of any changes. If services are performed outside the installation, the CR shall be granted access to areas where services are perfoimed. The CR shall have the right to inspect and test all services; inspections and tests to be conducted in a manner that will not unduly delay the performance of work. If the CR determines that services do not conform to the requirements in Agreement, the CR can require the County to perform the services again, in whole or in part, at no additional cost to the government. Alternately, the CR can reduce the price to be paid for services to reflect the reduced value of the services to be performed. If the services cannot be corrected by re- perfolluance, the CR can reduce the billed price to reflect the reduced value of the services to be performed. The CR may alternately, in his sole discretion, waive price reductions or re- performance of services. Such waivers shall not constitute a waiver of requirements in the IGSA unless approved in writing by the Agreements Officer. If the County is unable to perform any of the services due to an occurrence beyond the reasonable control of the parties, such as Acts of God, unusually severe weather, or government activities on the installation which impede the County's perfoimance, the County shall promptly notify the CR. In those rare instances in which the County fails to re-perform services or abandons performance, the United States may perform or contract for performance of the services and charge those costs to the County. Except in an emergency, the United States will not exercise this authority without providing prior notice to the POC designated by the County to allow for amicable resolution of issues between the parties. If services are deemed to be deficient and cannot be corrected to the satisfaction of the CR, the Agreements Officer may terminate the IGSA immediately. Such termination shall not become effective without prior notice and consultation with the County POC identified in this agreement. 9 -UNCLASSIFIED TERMINATION: The IGSA may be teiminated by mutual written agreement at any time. Except as otherwise specified in this agreement, either party can unilaterally terminate this IGSA upon 60 (sixty) days written notice to the POCs designated in this Agreement. The United States reserves the right to terminate this agreement for its convenience at any time. When notified by the Agreements Officer of the termination, the County shall immediately stop all work. The government will pay the County a percentage of the agreed price reflecting the percentage of work performed to the notice. The County shall not be paid for any work performed or costs incurred which reasonably could have been avoided. SUSPENSION OF AGREEMENT: The United States reserves the right to suspend perfannance of the—agreement-or access to the installation-imevent of emergencks, mobilizations, national security reasons, or for other reasons outside the control of the United States. APPLICABLE LAW: The IGSA is subject to the law and regulations of the United States. If any federal statue expressly prescribes policies or requirements that differ from the terms and conditions of this IGSA, the provisions of the statute shall govern. CLAIMS AND DISPUTES: The parties shall use their best efforts to resolve any disagreement or disputes they may have regarding this Agreement. To minimize disputes, the parties will meet periodically, preferably on a monthly basis, to discuss performance and any other issues they may have. The CR shall represent the Government in such meetings. If the parties are unable to resolve an issue, the CR or the County may submit a claim arising out of the Agreement to the Agreements Officer for a final decision. The written submission must specify the nature and basis for the relief requested and include all data that supports the claim and may designate a County representative to discuss the claim and its resolution. The Agreements Officer shall issue a final decision within 90 days of receipt of each claim. Appeals authority: If the County is dissatisfied with the Agreements Officer's decision, it may appeal the matter to the installation commander and must specify the basis of its disagreement. The installation commander or his designee shall issue a final determination on the matter within 60 days of receipt of the appeal. The final determination shall be reduced to writing and provided to the POCs specified in this agreement. All final determinations that result in the payment of additional funds to the County must be coordinated with the Agreements Officer.] As part of its appeal, the County may request alternate disputes resolution (ADR) to resolve disputes; the Government may agree to use of ADR in its sole discretion. If ADR procedures are employed, the installation commander shall consider the findings and recommendations of the third-party mediator(s) in making his final determination. The parties agree to the above procedures in lieu of litigation in any forum. 10 -UNCLASSIFIED NOTICES, POINTS OF CONTACT (POCs), ANNUAL REVIEWS, AND AMENDMENTS TO THE IGSA: The POCs for issues pertaining to this IGSA are as follows: For the 88th: Mr. Verne R. Barnhardt CIV, Resource Management Support Agreement Manager 88th Readiness Division, DRM Phone: 608.388.0493 Email: laveme.r.barnhardt.civAmail.mil For the County: Mr. Paul Zachos Property Management Specialist Oaldand County Facilities Bldg. 95 W One Public Works Dr. Waterford, MI 48328 Phone: 248-858-5380 zachosp@oakgov.com Unless otherwise specified, all notices under this Agreement shall be provided to the POCs specified above. POCs and a management official at least one level above the POCs as well as the IGSA Agreements Officer shall meet annually to discuss the IGSA, and consider any amendments to the Agreement. Any party can propose amendments at any time. All amendments must be reduced to writing and incorporated by amendment to Agreement by the Agreements Officer in order to be effective. DUTY TO PROTECT GOVERNMENT PROPERTY ON THE INSTALLATION: The County shall conduct a visit of the installation with the CR prior to perfolinance to satisfy itself of the general and local conditions existing on the installation to include sites where services will be performed. The County shall prepare an accident avoidance plan and plan to protect Government property on the installation. The County shall take measures to protect and not damage any property of the United States during perfaimance of services. Should the County damage such property, the County may replace the item or restore it to its prior condition at its own cost or reimburse the United States for such costs. If the County does not take measures to replace or restore, the United States reserves the right to deduct replacement or restoration costs from amounts billed by the County each month. The CR shall provide written notice of the Government's intent to offset costs against billings to allow the parties to resolve the matter amicably. Such resolution can include a schedule for payments to cover the loss or restoration of Government property over the term of the current period of performance. CONTINUITY OF SERVICES: The County recognizes that the services under this Agreement are vital to the United States and must be continued without interruption and will be performed even in event of a dispute between the parties. Should the 88th terminate this Agreement for any 11 -UNCLASSEFIED reason, the County agrees to furnish phase-in training to any successor County and exercise its best efforts and cooperation to affect an orderly and efficient transition of services. WAGES AND LABOR LAW PROVISIONS: These provisions apply to the County and any County employee performing services under this IGSA on behalf of the County. The County shall be exempt from federal labor statutes, provided it pays its employees at wage grades or rates normally paid by the County, and complies with all applicable County labor laws and standards. In no event, however, shall any employee be paid at wage rate below the minimum wage established in the Fair Labor Standards Act. The County shall comply with all applicable federal, state and local occupational safety and health requirements and standards. If the County has knowledge that any actual or potential labor dispute by its employees may delay or threaten o se ay per o mance o the contract, the County shall imme in e y no i y he CR and the Agreements Officer. The County shall provide timely updates until the dispute is resolved. NON-DISCRIMINATION AND SEXUAL ASSAULT/HARASSMENT: This provision applies to County and its County employees. The County agrees not to discriminate against any employee based upon race, color, religion, sex, national origin, or sexual orientation, or to allow any employee to engage in discriminatory practices or conduct while performing work under this IGSA. The County shall not permit employees which engage in sexual assault, sexual harassment or trafficking to perform services under this IGSA. The County shall not engage in age discrimination, and shall comply with the Americans with Disabilities Act with respect to the hiring and accommodation of employees performing services under this 'GSA. TRANSFERABILITY: This Agreement is not transferable except with the written authorization of the Agreements Officer. ACTIONS OF DESIGNEES: Any act described in the IGSA to be performed by an individual or official can be performed of the designee of such individual or official, with the exception of the Agreements Officer. Signatures and dates of signatures of the parties: FOR THE 88th Readiness Division: Charles C Hudson Chief of Staff FOR OAKLAND COUNTY: [Title] Date Date 12 -UNCLASSIFIED List all Attachments: 1. Statement of Work 2. Federal Holidays 3. Installation Security and Access Requirements 4. Insurance 5. Other Requirements 13 -UNCLASSIFIED ATTACHMENTS TO THE IGSA Attachment #1: Statement of Work: The County shall be responsible for performing Lawn Maintenance and General Spring and Fall cleanup. It is anticipated that during the course of this contract there will be workload increases and decreases. Payment will only be made by the Government for services ordered, received, and accepted at the prices specified in the contract. The County shall perform to the standards and specifications outlined in the PWS. Lawn Maintenance Type_One_(L)_Lawn Mnintenance Mowing: Grass areas shall be maintained to a height of two 2" to five 5" (inches) above the surface of the soil free of skips, gaps, rutting, or scalping. Edging: Vegetation around the edges of curbs, sidewalks, driveways, streets and other hard surfaces within or adjacent to the specified area shall not extend more than 2" (inches) onto the hard surface. Trimming Around Fixed Objects: Grass, brush, weeds and other vegetation growing around or beside walls, fences, guy wires, poles, shrubs, tree trunks, foundations, fire hydrants, cultivated areas or any fixed object within the designated areas shall be maintained to the height of the surrounding mowing type. Mechanical maintenance only. Trimming Fence Lines: Grass, brush, weeds and other vegetation growing within 5' (feet) of both sides of fence lines shall be maintained to a height no higher than the surrounding mowing type or to grade if over a paved or otherwise non-grassy area. Mechanical maintenance only. Unwanted Vegetation: Unwanted vegetation such as bushes growing adjacent to building, between cracks and joints in sidewalks, driveways or other hard surfaces, and all landscaped areas shall be mechanically removed in accordance with (TAW) industry best practice. Refer to Attachment 5: Other Requirements for specific Environmental requirements. Grass Clippings: Visible grass clippings, windrows, clumps or any amount of cut grass dense enough to damage or destroy the underlying turf shall be removed after each mowing. Trash Removal: County shall ensure the area of lawn maintained is free of all visible trash and debris upon completion of lawn maintenance. Pruning: Shrubs and vines shall be pruned as necessary to maintain growth within space limitations, to maintain or enhance the natural growth habit, or to eliminate diseased or 14 -UNCLASSIFIED damaged growth. Some species shall be trimmed appropriately to influence flowering and fruiting, or to improve vigor. Shrubs and vines must be trimmed as needed to permit unobstructed passage to residents or vehicles. Trimming near vehicular entry or exits shall be carried out to prevent sight restrictions. Shrubs shall be pruned to confonn with the design concept of the landscape. Individual shrubs shall not be clipped into balled or boxed foiins, except where specifically instructed. Vines shall be pruned to control growth and direction, and shall not be allowed to grow over windows, doors or other structural features, unless directed by the COR. Vines shall not be allowed to grow over the crowns of shrubs or trees. Type Two (II) Lawn Maintenance Mowing: Grass area, including weeds, and small trees or brush 'A" inch in diameter or less shall be maintained to a height of 3" to 8" (inches) in height above the surface soil free of skips, gaps, rutting, or scalping. Edging: Edges of curbs, sidewalks, driveways, streets and other hard surfaces within or adjacent to the specified area shall be trimmed if vegetation extends more than two inches onto the hard surface Trimming Around Fixed Objects: Grass, brush, weeds and other vegetation growing around or beside walls, fences, guy wires, poles, shrubs, tree trunks, foundations, fire hydrants, cultivated areas or any fixed object within the designated areas shall be maintained to a height no higher than the surrounding mowing type or to grade if over a paved or otherwise non-grassy area. Trimming Fence Lines: Grass, brush, weeds and other vegetation growing within 5' (feet) of both sides of fence lines shall be maintained to a height no higher than the surrounding mowing type or to grade if over a paved or otherwise non-grassy area. Unwanted Vegetation: Unwanted vegetation such as bushes growing adjacent to building, between cracks and joints in sidewalks, driveways or other hard surfaces shall be mechanically removed so that the grounds maintain a neat and clean appearance. Grass Clippings: Visible grass clippings, windrows, clumps or any amount of cut grass dense enough to damage or destroy the underlying turf shall be removed after each mowing. Trash Removal: County shall ensure the area of lawn maintained is free of all visible trash and debris upon completion of lawn maintenance. Mowing Type Three (III) Mowing: All vegetation (i.e. trees smaller than 3.5 inches in diameter, bushes, cattails, grasses, weeds, vines or other growths) shall be maintained to a height of six (6) to twelve (12) inches in height from the surface soil free of skips, gaps, rutting, or scalping. 15 -UNCLASSIFIED Edging: Edges of curbs, sidewalks, driveways, streets and other hard surfaces within or adjacent to the specified area shall be trimmed if vegetation extends more than two inches onto the hard surface Trimming Around Fixed Objects: Grass, brush, weeds and other vegetation growing around or beside walls, fences, guy wires, poles, shrubs, tree trunks, foundations, fire hydrants, cultivated areas or any fixed object within the designated areas shall be maintained to a height consistent with the specified mowing type. Trimming Fence Lines: Grass, brush, weeds and other vegetation growing within 5' (feet) —ofhoth-sides mowing type type or to grade if over a paved or otherwise non-grassy area. Trash Removal: County shall ensure the area of lawn maintained is free of all visible trash and debris upon completion lawn of maintenance. Unwanted Vegetation: Unwanted vegetation such as bushes growing adjacent to building, between cracks and joints in sidewalks, driveways or other hard surfaces shall be mechanically removed so that the grounds maintain a neat and clean appearance. Grass Clippings: Visible grass clippings, windrows, clumps or any amount of cut grass dense enough to damage or destroy the underlying turf shall be removed after each mowing. Trash Removal: Contractor shall ensure the area of lawn maintained is free of all visible trash and debris upon completion lawn of maintenance. Mowing Type Four (IV) Mowing of native grassland shall be done once per year and can ONLY occur during the period when the native plants are dormant. Depending on climate zone region, the dormant mowing period can be as long as 1 November through 15 April in the north such as Minnesota or as short as 20 November to March 31 in southern Kansas. Mowing occurs either in the late fall or early spring and would be determined in part by the effect the planting has on snow retention, If blowing snow is retained in the native plants minimizing accumulation in parking and sidewalk areas, then mowing should occur only in the spring. If there is no difference or snow is found to accumulate more in parking and sidewalk areas, then mowing should occur only in the fall. Mowing should be short, to a height no greater than 2". Plant litter from the mowed area needs to be widely dispersed, to less than 1" in depth. This is done in an effort to avoid creating a mulch layer capable of smothering the emerging plants in spring. A flail mower is most effective, but not necessary, in accomplishing the even distribution of mowed plant litter. When trimming fence lines, the grass, brush, weeds and other vegetation growing within 5' (feet) of both sides of fence lines shall be maintained to a height no higher than the surrounding mowing type or to grade if over a paved or otherwise non-grassy area. 16 -UNCLASSIFIED Grounds Restoration: For the base year only, at the beginning of the contract, an initial cleanup will be perfolined prior to, or in conjunction with, the spring cleanup. Grounds restoration shall be performed NLT 30 days after the start of the active performance period. Grounds Restoration: The County shall restore the grounds back to the required maintenance Level Type 1, 2 and 3, as required by the scope of the contract. This shall be a one-time requirement to be completed at the start of the base year to restore grounds that have been previously neglected. Spring and Fall Clean Up: Spring cleanup should be performed NLT 30 days after the ----start-of-the-active performaric-e-periedall-cleanup-should-he-p&rformed-with-the final grass mowing of the season. Prune shrubs, bushes and trees according to species requirements in all Lawn Type areas. Unless directed otherwise, branches up to 8 inches in diameter shall be pruned to a height of not less than 7 feet above grade, and shall be removed by the Contractor when fallen, dead, or broken. Remove weeds from cultivated areas and flowerbeds and turn over soil to depth of approximately 6" (inches). Every effort should be made to avoid damaging the roots of shrubs, flowers and bushes in Type One (I) Lawn areas. Remove all litter, debris, dead tree branches, brush, and leaves from property including fence lines in all Lawn Type areas. Aeration - Type 1 Lawn Maintenance areas only: aerate once a year in the spring prior to applying fertilizer and broad leaf control. Weed Control (I) - Gravel Parking and Decorative Rocked Areas: Mechanically remove weeds from gravel parking areas and / or decorative rocked areas (aka: "zero-scape") in accordance with (JAW) industry best practice. Every effort should be made to avoid damaging the roots of shrubs, flowers and bushes in Type One (I) Lawn areas. Weed Control (II) - Gravel Parking and Decorative Rocked Areas: Remove all litter, debris, dead tree branches, brush, and leaves from gravel parking areas and / or decorative rocked areas (aka: "zero-scape"). Fertilizer Application and Broad Leaf Control - Type 1 Lawn Maintenance areas only: Applied one time annually, in the spring after aeration, provide fertilizer application and broad leaf control applied JAW industry standards and the 88th RD Integrated Pest Management Plan (IPMP) available from the COR. The County shall provide a three (3) part (Original + 2 copies) service ticket and Pest Management and Weed Control Record Foiiii for the completion of fertilizer application. 17 -UNCLASSEFIED The County shall have the service ticket and Appendix 1 Pest Management and Weed Control Record Form signed and dated by the IGSA Technical Representative (TR) upon satisfactory completion. A legible copy of the service ticket and Pest Management and Weed Control Record Form will be provided to the IGSA TR, to include specified tasks, perfaunanee required standards, as well as quality control requirements. Attachment #2: Federal Government Holidays: Except as noted in the Schedule of Work, work shall not be performed on the following holidays or on holidays observed in lieu thereof New Year's Day Martin Luther King Jr.'s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day 1st day of January 3rd Monday of January 3rd Monday of February Last Monday of May 4th day of July 1st Monday of September 2nd Monday of October 11th day of November 4th Thursday of November 25th day of December 18 -UNCLASSIFIED Attachment #3: Antiterrorism (AT) and Operations Security (OPSEC) 3.1. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date, new employee hire, or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 60 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jkojten.mil 3.2. Access and general protection/policy and procedures. For standard installations, the contractor and all associated sub-contractor employees shall provide all information required for background checks necessary to meet installation access requirements. These checks will be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. For non-standard installations, the contractor and all associated sub-contractors shall obtain background checks per 1.62.1 when unescorted access is required for employees without a CAC and associated background investigation. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. 3.2.1 For Contractors that do not require CAC, but require access to a DoD facility or installation. The contractor shall obtain a background check for all contractor employees, including subcontractor employees, requiring unescorted access to government facilities. The background checks must include a check of the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB). In cases where obtaining an NCIC-III/TSDB background check is not possible, the contractor may submit background checks conducted by a third party entity. If third party checks are used, they must include a national criminal records check (including felonies and misdemeanors), Department of Motor Vehicles records check, and a check of the national sex offender registry. These checks must be completed on applicable employees within 6 months from the Notice to Proceed date. Background check reports will be provided to the COR by the third party or through the contractor. Under no circumstance will reports obtained by the employee be provided to the COR. These background checks will cover the previous ten years and include all states of previous residence during that time period. 3.2.2. Documentation of background checks, including the reports, will be sent to the COR by either the contractor or third party for each employee prior to the employee entering Army- controlled installations or facilities. 19 -UNCLASSIFIED 3.2.3. If adverse information is contained in the background check, unescorted access may be denied in accordance with Army Directive 2014-05 (Policy Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors). 3.2.4 Contractor employees who will be entering Army-controlled installations or facilities and who do not possess a valid CAC, including subcontractor employees, must present a Federal personal identity verification card or authorized identification issued by state, or local governments. 3.3. The Contractor will submit the list of employee's requesting unescorted access, along with their background checks, 20 business days prior to needing access. Upon receipt of this list, the COR will review the list of employees and create an Access Control Roster (ACR) that identifies those personnel authorized unescorted access. The COR will return the ACR to the contractor when review is complete. 3.4. Individuals may be denied unescorted access if derogatory information includes, but is not limited to, the following: 3.4.1. The background check contains criminal arrest information about the individual that causes the Senior Commander to determine that the individual presents a potential threat to the good order, discipline, or health and safety of the organization. 3.4.2. The installation is unable to verify the individual's claimed identity based on the reasonable belief that the individual has submitted fraudulent information concerning his or her identity in the attempt to gain access. 3.4.3. The individual has a current arrest warrant in NCIC, regardless of the offense or violation. 3.4.4. The individual is currently barred from entry or access to a Federal installation or facility. 3.4.5. The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography, trafficking in humans, drug possession with intent to sell or drug distribution. 3.4.6. The individual has a U.S. conviction for espionage, sabotage, treason, terrorism, or murder. 3.4.7. The individual is a registered sex offender. 3.4.8. The individual has a felony conviction within the past 10 years, regardless of the offense or violation. 3.4.9. The individual has been convicted of a felony firearms or explosives violation. 3.4.10. The individual has engaged in acts or activities designed to overthrow the U.S. Government by force. 20 -UNCLASSIFIED 3.4.11. The individual is identified in the TSDB as known to be suspected of being a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity. 3.5. In cases where an uncleared Contractor employee, including any subcontractor employee, is denied access based on derogatory information, the individual may request a waiver. 3.6. iWATCH Training. All Contractor employees, including subcontractor , employees, to be briefed on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the Contracting Officer. This training to be completed within 30 calendar days of Notice to Proceed and within 30 calendar days_ofnew_empfoyees-eommencing-performancc-with the-results reported_to_the_Contracting Officer no later than 60 calendar days after Notice to Proceed. 3.7. ACTIVITY REGULATIONS FOR CONTRACTOR ACCESS AND USE OF PREMISES 3.7. 1. Follow all current Army Security Regulations concerning strict visitor control and preservation of all Government assets. Immediately report all security concerns to the Contracting Officer, who will notify the Security Office. 3.7. 2. The Contractor shall adhere to requirements as directed in Federal Acquisition Regulation — 52.222-54; Employment Eligibility Verification. Contractors shall be enrolled in the Department of Homeland Security E-Verify Program. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: Intp://www.dhs.gov/E-Verify. 3.7. 3. The Contractor shall ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services. 3.7. 4. The Contractor shall return within two business days all issued U.S. Government Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a Contractor employee no longer requires access to the installation or facility. 3.7. 5. The Contractor shall comply with all personnel identity verification procedures. Employees must be accompanied by an authorized Goverment employee at all times while providing services in secure areas. 3.7. 6. During Force Protection Conditions (FPCON) Charlie and Delta, services are discontinued and services shall resume when the FPCON level is reduced to level Bravo or lower. 21 -UNCLASSIFIED Attachment #4: INSURANCE: The County shall at its own expense provide and maintain self- insurance during the entire period of this IGSA according to the following: a. General liability insurance with a minimum combined single limit of $1,000,000 per occurrence and $2,000,000 in the aggregate for all premises and operations. The policy shall include coverage for bodily injury, death and property damage arising out of actions or omissions by the County or its employees or County's. b. Comprehensive vehicular liability insurance in the combined single limit of $1,000,000 per occurrence for bodily injury and property damage. c. Copies shall be furnished to the CR and Agreements Officer before providing services under this agreement. 22 -UNCLASSIFIED Attachment #5: Other DUTY TO COOPERATE IN ACCIDENTS AND DAMAGE: The County shall fully cooperate with the United States in investigations involving accidents or damage to property or persons on property under federal control. The County shall timely furnish to the CR reports of investigations it completes regarding such incidents. MEDICAL CARE IN EMERGENCIES: Military medical facilities are not available on post and therefore are not available on for treatment of County employees in event of emergencies. El\WIRONMENTAL-REQUIREMENTS: The contractor shall submit the proposed chemical use for the property for review and approval. The contractor can only consider chemicals that appear on the DOD approved list of Chemicals. As part of the proposal, the contractor will submit a copy of the label to the 88th RD Pest Management Coordinator (PMC) for review and approval. The proposed chemical should providing and prevent a one year re-growth of the weeds. All herbicide applications will be conducted by a State certified pesticide applicator. The Contractor will provide a copy of state certification for each applicator utilized on this project. The contractor will complete a reporting form provided by the 88th RD after each application during the course of this contract after each as part of the deliverables. The contractor will not conduct any mixing operations on Government property. All mixing of chemicals will be conducted off site and then brought on site for application. Contractor is responsible for the proper disposal of all empty herbicide containers and spill clean-up materials generated as part of this contract. Contractor will furnish all materials necessary to respond to an herbicide spill and will be responsible for all clean-up and disposal of any spill clean-up materials or inadvertent release of chemicals on government property. Contractor will furnish all material, equipment and labor required to mechanically remove by trimming the edges along the inside and outside of the fence line. Technical Requirements: The Contractor must be able to demonstrate their ability to safely and proficiently apply herbicides. The Contractor MUST coordinate with the AFOS/FOC/FC prior to any applications. The Contractor must be able to obtain all applicable Commercial Pesticide Applicators permits for each State in the appropriate pest control categories as needed. The Contractor must use a boom sprayer similar to those used in local agricultural practices. The Contractor may also need a sprayer that will allow herbicide application within tree and fence rows. The Contractor will be required to treat weeds within or near wetlands and will require an herbicide labeled for use within wetlands. These herbicides will be included in the written plan with the other herbicides that are to be approved in writing by the 88th RD. The Contractor may 23 -UNCLASSIFIED be required to make spot treatments within open fields. All chemical application equipment must be calibrated to apply at the desired rates. The Contractor must be able to demonstrate that the equipment is calibrated. Deliverables: The Contractor shall maintain daily records of all herbicide usage on the Army Reserve Pest Management Report Record Form (see Attached). This form shall be filled out daily as weed control operations are performed, and all entries must be completed within 24 hours of chemical application. Completed forms shall be provided to the AFOS/FOS within 24 hours after each application. Additionally, the Contractor will provide a copy of the pesticide applicator's license for each pest applicator that will be performing on this contract—Thi-s-can-be-sent-electronically or har4-copy—F'orrns-which-are-rejected-by4he-8-8th-RD- Pest Management Coordinator due to improper preparation shall be corrected and resubmitted by the AFOS/FOS at no additional cost to the Government. Blank forms will be provided by the Government. Responsibilities: The Contractor shall furnish all labor, materials, equipment, and supplies necessary to complete the requirements of this scope of work (SOW). All costs incurred in completion of this SOW will be borne by the Contractor. Access to the listed facilities are controlled gated and the Contractor will need to coordinate activities with personnel at each of these facilities to gain access. The Contractor will be provided with names and phone numbers for personnel at each facility. DRUG FREE WORKPLACE ON MILITARY INSTALLATIONS AND FACILITIES: All property under the control of the Department of the Army are drug free areas. Notwithstanding any contrary State or Local law, the Public Partner shall notify all individuals performing services on the installation that no controlled substances as specified in the Controlled Substances Act and 21 Code of Federal Regulations shall be sold, distributed, used or consumed on the installation. The CR may direct the County to bar individuals who violate these laws and policies. Such individuals additionally may be barred from access to the installation by the installation commander. COUNTY EMPLOYEE REQUIREMENTS: All County and County employees shall comply with all installation security, health and safety conditions. Employees who interface with government personnel shall be able to speak and understand English. All employees shall wear identification badges or distinctive clothing which clearly identifies that they are County employees. At the conclusion of the 1G -SA or whenever an employee no longer perfotins IGSA services, the County will provide the CR all identification or other credentials furnished by the government. Installation regulations or practices that are applicable to all individuals on post might not be specified elsewhere in the IGSA. 24 -UNCLASSIFIED FISCAL NOTE (MISC. #18310) September 5, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE; FACILITIES MANAGEMENT — INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA) FOR LANDSCAPE SERVICES ARMY RESERVE CENTER 2650 WATKINS LAKE RD, WATERFORD To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes an Intergovernmental Support Agreement (IGSA) with the 88th Readiness Division Army Reserve Center located at 2650 Watkins Lake Rd, Waterford, MI, for landscape services to be provided by the County. 2. The County shall be responsible for performing Lawn Maintenance, General Spring and Fall cleanup. 3 Thp Repartments ement and Corporation Counsel have reviewed and approved the IGSA. 4. The term of this Agreement shall be for one year from the execution of the Agreement by the Agreements Officer and renewable for successive one-year periods for 4 additional years. 5. The IGSA may be terminated unilaterally by either party upon 60 (sixty) days written notice to the Points of Contact designated in the agreement. 6. Prorated costs for landscape services performed in FY 2018 (September 2018) total $820.17; annual costs for landscape services prorated eight months in FY 2019 (October and November 2018; April - September 2019) total $4,445.30; annual costs for landscape services prorated eight months in FY 2020 (October and November 2019; April - September 2020) total $4,537.35; annual costs for landscape services prorated eight months in FY 2021 (October and November 2020; April - September 2021) total $4,665.27; annual costs for landscape services prorated eight months in FY 2022 (October and November 2021; April - September 2022) total $4,805.09; annual costs for landscape services prorated two months in FY 2023 (October and November 2022) total $1,143.89. 7. Payment shall be made on a monthly basis following electronically submitted invoices or payment requests by the County to the Government's Coordination Representative (CR) and the Agreements Officer. 8. The FY 2018 Facilities Maintenance and Operations Fund (#63100) Budget includes sufficient funding to maintain the grounds of the Army Reserve Center for the term of the lease. Reimbursement of the County's costs from the 88th Readiness Division for this purpose will be receipted in the External Agencies Revenue account (#635 17). 9. No budget amendment is required at this >nats".--) Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford and Quarles absent. Resolution #18310 September 5, 2018 Moved by Dwyer supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Gershenson, Gingell, Kochenderfer, Kowall, Long, McGillivray, Middleton, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (17) 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). !HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 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 September 5, 2018, 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 5th day of September, 2018. Lisa Brown, Oakland County