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HomeMy WebLinkAboutResolutions - 2003.08.14 - 27072August 14, 2003 MISCELLANEOUS RESOLUTION #03209 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM SEGMENT III — WALNUT LAKE PUMPING STATION RECONSTRUCTION PROJECT/FORCE MAIN AND REGULATOR PROJECT: $3,250,647 GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Drain Commissioner is the designated County Agency for the system of sewers known as the Evergreen-Farmington Sewage Disposal System (Evergreen-Farmington SDS) and WHEREAS, The Drain Commissioner is negotiating a final abatement order with the Michigan Department of Environmental Quality that is designed to reduce and ultimately eliminate sanitary sewage overflows (SS0s) that occur as the result of infiltration and inflow of storm water into this Evergreen-Farmington SDS; and WHEREAS, the Evergreen-Farmington SDS Segment Ill Walnut Lake Pumping Station Reconstruction/Force Main and Regulator Project is one of the projects that will be a part of this abatement order; and WHEREAS, the County of Wayne through the Rouge River National Wet Weather Demonstration Project has offered technical assistance and Federal grants to government entities for addressing and improving the water quality and recreational use of the Rouge River; and WHEREAS, the purpose of the grant is to enable the county and local units of government to comply with their abatement orders to reduce and ultimately eliminate sanitary sewage overflows (SS0s) that occur as the result of infiltration and inflow of storm water into this Evergreen-Farmington SDS located within the Rouge River watershed; and WHEREAS, Evergreen-Farmington SDS Segment Ill Walnut Lake Pumping Station Reconstruction/Force Main and Regulator Project is a project that will assist in restoring the water quality of the Rouge River and other river systems within Oakland County; and WHEREAS, Oakland County Drain Commissioner has applied for and awarded $3,250,647 of Federal grant reimbursement from the County of Wayne; and WHEREAS, the total estimated project cost is $9,884,000 of which $8,126,617 is considered eligible under the grant; and WHEREAS, the Walnut Lake Pumping Station Reconstruction portion of the project is estimated at $2,738,400 of which $2,696,790 is eligible under the grant; and WHEREAS, the required match for the Walnut Lake Pumping Station Reconstruction will come from the Charter Township of Bloomfield and Charter Township of West Bloomfield in accordance with the contract approved by the County under Miscellaneous Resolution No. 03126; and WHEREAS, the Force Main and Regulator portion of the project is estimated at $7,145,600 of which $5,429,827 is eligible under the grant; and WHEREAS, the required match for the Force Main and Regulator will come from the Evergreen Farmington Sewage Disposal System Enterprise Fund; and WHEREAS, the United States Environmental Protection Agency ("USEPA") has established grant conditions and regulations that require the County to act as the responsible party with respect to the grant, including those provisions described within 40 C.F.R. Part 31; and WHEREAS the US EPA will supervise the grant and grant conditions in order that the grant be used in accordance with the requirements of the law; and WHEREAS acceptance of this reimbursement grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive's Contract Review Process. Planning & Building Committee Vote: Motion carried on unanimous roll call vote NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Interagency Agreement (IAA) and the reimbursement in the amount of $3.250,647 for Evergreen-Farmington SDS Segment III Walnut Lake Pumping Station Reconstruction/Force Main and Regulator Project; BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners, is hereby authorized to sign the grant agreement and to approve grant modification and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. COMMITTEE AND BUILD Leo Lease From: Greg Givens [givensg@co.oakland.mi.us) Sent: Tuesday, July 15, 2003 9:37 AM To: Sanzica, Phil; Lease, Leo; VanLeuvenj frederrickc; Frederick, Candace Subject: CONTRACT REVIEW — Drain Commission CONTRACT REVIEW - Drain Commission GRANT NAME: Rouge River National Wet Weather Demonstration Project - Round IV Project - Farmington to Evergreen SSO Interceptor, Walnut Pump Station #1, CSO Regulator Adjustments FUNDING AGENCY: Interagency Agreement DEPARTMENT CONTACT PERSON: Philip Sanzica / 81031 STATUS: Acceptance DATE: July 15, 2003 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: Approved.- Laurie Van Pelt (7//2/2003) Personnel Department: Approved. - Jennifer Mason for Ed Poisson (7/1/2003 Risk Management and Safety: No comments. Corporation Counsel: There are no outstanding legal issues concerning the above grant agreement. The signature line needs to be changed to Thomas Law. Please note the legal requirements of 40 CFR 30 Subparts D, which includes a provision that all required reports be submitted within 90 days after the date of completion of the award. Also compliance with 40 CFR 31, particularly 31.32 concerning equipment. Joellen Shortley (7/10/2003) 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 email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION PROJECT ROUGE RIVER GENERAL PERMIT PROJECTS GRANT AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE THIS AGREEMENT is entered into this day of „ between the County of Wayne, Michigan, a body corporate and Charter County ("County") and The County of Oakland, a Michigan Public Corporation, by and through, the Oakland County Drain Commissioner as "County Agency" pursuant to Act 342 of the public acts of 1939, as amended ("Entity"). RECITALS WHEREAS, the County is the recipient of, and is responsible for the administration of certain federal grant funds referred to as the Rouge River National Wet Weather Demonstration Project Grant ("Grant"). WHEREAS, the United States Environmental Protection Agency ("USEPA'') has established Grant conditions and regulations that require the County to act as the responsible party with respect to the Grant, including those provisions described within 40 C.F.R. Part 31. WHEREAS, the USEPA will supervise the Grant and Grant conditions in order that the Grant be used in accordance with the requirements of the law. WHEREAS, the parties have agreed to follow certain achninIstrative procedures and cooperate on the various tasks to be undertaken in order for the County to comply with the Grant's requirements and objectives. WHEREAS, the Rouge River National Wet Weather Demonstration Project ("Rouge Project") is a comprehensive watershed-wide program addressing wet weather pollution problems ranging from controlling combined sewer overflows ("CSO'') to storm water runoff in the Rouge River. WHEREAS, one of the purposes of the Grant is to enable the County and local units of government within the Rouge River Watershed to evaluate alternative approaches for controlling sources of water pollution. WHEREAS, iiiiplementing the National Pollutant Discharge Elimination System (NPDES) General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by The Michigan Department of Environmental Quality ("MDEQ") for the local unit will further the Grant's goal to improve water quality and recreational use of the Rouge River. • . WHEREAS, illicit discharge elimination, public education and subwatershed management planning and implementation are considered examples of the types of activities included the Storm Water General Permit which will assist in restoring the water quality of the Rouge River. WHEREAS, the Farmington to Evergreen SSO Interceptor & Walnut Pump Station #1 with CSO Regulator Adjustment Project set forth in this Agreement would further the goals of the Grant. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties hereby agree as follows: ARTICLE I SCOPE- OF PROJECT 1.1 The County will provide a portion of the Grant to Entity to enable the Entity to do the activities described in Attachment "A" 1.2 The budget presented in Attachment "A" along with the scope of work presented in Attachment "A" specify the performance of the work as anticipated at the time the contract is signed. 1.3 The Entity agrees to submit a Final Project Summary Report at the project end to assist the County in the grant close-out process. The Final Project Summary Report should generally be 4-10 pages in length and should include: A. A summarized clear description of the project. In addition to the project description, the report should include the following: project objectives; major elements of the project; project products completed (project products are listed in Attachment "A"); and project highlights. Comments on how the completion of this project benefitted or is projected to improve the Rouge River. C. A written set of recommendations to other local governments and agencies that evaluates the benefits and cost effectiveness of the project. The evaluation should consider the total project cost. The recommendations should also summarize how the project was evaluated and the evaluation results of the effectiveness of the project. D. Comments on how the results of this project are transferrable to other communities or agencies. E. List of all task products completed. The list should include the official name of the products. 2 ARTICLE II SCHEDULE OF WORK 2.1 The Time Frame for the project milestones completion is contained in Attachment "A". ARTICLE HI FINANCIAL PROVISIONS AND BUDGET 3.1 Thetdetailed budget is contained in Attachment "A" and will be considered an approximation based on the best information available at the time of this Agreement. The internal distribution of the monies allocated among project elements may be modified by the Entity up to a total cumulative transfer among direct cost categories not to exceed 10% of the total budget without written approval by the County. Other modifications to the budget will be only upon written Agreement between the County and the Entity. 3.2 The County will provide funds from the Rouge Project grant to partially fund the approved, allowed, and eligible costs for activities outlined in Attachment "A". The total amount to be reimbursed to the Entity shall not exceed $3,250,647. The Entity shall provide a minimum match of $4,875,970 of approved costs, which may be satisfied by demonstrating either cash or in-kind services from non-federal sources. 3.3 The County will hold the final 10 to 20 percent of the total federal fund allowable to the Entity until the completion of the project by the Entity as identified in Attachment "A". Upon completion of all the tasks by the Entity, the approval of the Entity task products by the County, and the approval of the Entity submittal of the documentation of the final project cost by the County, the remaining 10 percent of the federal funds will be reimbursed to the Entity. ARTICLE IV CONTRACT ADMINISTRATION AND PAYMENT 4.1 This Agreement will be administered on a cost reimbursement basis. The Entity shall submit to the County project status reports and invoices on standard forms provided by the County. 4.2 All reports and invoices shall be submitted at least quarterly, no more than forty (40) days after each quarter end date. Reimbursements shall not be allowed without a status report submission. 4.3 Invoices must clearly identify: A. Total program outlays to the date of the invoice. B. The non-federal share of amount expended. C. The federal share of amount expended. D. The federal payments previously received. E. The reimbursements requested for the billing period. 3 F. Project work element detail. G. Project direct costs and outside services. H. Time sheets for hourly employees and labor distribution sheets for salaried employees. I. Documentation of all contractor costs. 4.5 The invoices must be certified for completeness and correctness by an appropriate Entity 4.6 All invoices will be paid by the County within thirty (30) days of receipt of funds from the USEPA. 4.7 The Entity will provide documentation to the County that demonstrates compliance with _federal and state regulations before payments will be processed. The Entity will prepare all cost estimates for implementation of the planned activities, including a breakdown of eligible and ineligible cost items, with respect to grant funding. These cost estimates will be provided in a format to be establfshed by the County. 4.8 The Entity will exercise the necessary contract oversight and administration of any subcontracts. These duties include, but are not limited to construction inspection and negotiating and executing change orders (where construction is to occur), monitoring project progress, responding to subcontractor or citizen complaints, coordinating between different subcontracts, and overseeing subcontractor's compliance with the approved project plans and specifications. These activities are to be done in accordance with procedures established by the Grant and by 40 C.F.R. Part 31.1, et seq. 4.9 All reports, invoices, and work products required under this contract will be transmitted to the Director of Watershed Management Division, Department of Environment, Wayne County, care of Mr. Razik Alsaigh, 415 Clifford, Detroit Michigan 48226. ARTICLE V AUDIT AND ACCESS TO RECORDS 5.1 The Entity will maintain and retain financial records and supporting documentation in accordance with generally accepted accounting procedutes and in accordance with the requirements of federal and state regulations. 5.2 The Entity will cooperate with and assist the County with respect to federal or state audit review related to the use of Grant funds. This cooperation shall include preservation of the necessary documentation and access to the records until federal and/or state audit resolution processes have been completed and notification of records disposal has been received by the County. The Entity will cooperate with the County with respect to evaluating audit findings of this Agreement. 4 5.3 The Entity will be responsible for the reimbursement of any funds required to be returned to the USEPA due to Entity actions or omissions, as determined by audit findings, and the Entity will be soley responsible for the repayment of such funds to the County or USEPA. ARTICLE VI GENERAL PROVISIONS 6.1 This Agreement is expected to be funded in part with funds from the USEPA. The Entity will not enter into any agreements with either the United States or any of its departments, agencies, or employees which are or will be a party to this Agreement or any lower tier subagreement for monies related to this specific project. This Agreement is subject to regulations contained in 40 C.F.R. Part 31 in effect on the date of the assistance award for this project. 6.2 The Entity understands that the County has no funds other than the Grant funds to pay for -the project costs. All costs other than the Grant funds associated with the activities which are the subject matter of this Agreement will be the responsibility of the Entity. 6.3 The Entity will cooperate with the County to ensure timely completion of the tasks undertaken as part of the project. Cooperation includes, but is not limited to sharing information and records, participation in applicable committees, and assisting in development and evaluation of water quality improvement alternatives. 6.4 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31 and, as applicable, all provisions contained in the Grant. In the event there are any conflicts between the provisions of this Agreement and the terms of the Grant, the Grant terms will prevail. The Grant document and the terms and conditions of the Grant are included here in Attachment "B". The fair share goals for the Grant are identified as follows: Construction 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise (WBE) Services 20% MBE 10% WBE Equipment 8% MBE 4% WBE Supplies 8% MBE 4% WBE 6.5 The Entity is responsible for securing all necessary permits from regulatory agencies and is responsible for obtaining any professional services necessary for the Project Activities. The Entity will act at all times in accordance with applicable federal and state regulations, and will secure any permits and negotiate the terms of agreements in accordance with those requirements. 6.6 If the Entity secures any interest in lands, including easements, these acquisitions will be in accordance with applicable federal law and regulations including 49 C.F.R., Part 24 and state statutes related to the taking of interests in land. 6.7 With respect to construction projects, the Entity is responsible for conducting post-project evaluation and certifying that any construction meets the approved design criteria. These certifications will be submitted to Wayne County and the USEPA and MDEQ, where appropriate, in accordance with the Grant requirements and applicable regulations. If the project does not meet the design criteria, the Entity will be responsible for taking the necessary corrective measures. 6.8 The ownership of any facilities constructed under this Agreement will remain with the Entity. - The Entity agrees to operate and maintain the facility consistent with the Grant project goals and in accordance with the requirements of the applicable federal and state statutes and regulations, Grant conditions, and local ordinances. 6.9 - The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.32 relating to any equipment including computers and peripheral computer equipment purchased as part of this _ grant assistance project. 6.10 Any amendment to this agreement must be in writing, and signed and acknowledged by a duly authoriled representative of each party. 6.11 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.36 (d) relating to procurement of services as part of this grant assistance project. For construction contracts the Entity shall use bid type contracts. For consulting contracts, the Entity shall use any of the four procurement procedures in the 40 CFR 31. For most of the consulting contracts, the RFQ or REP procurement procedure is the applicable one. The selection of the consultant can be based on the qualification or qualification and cost proposal. After selecting your consultant, submit your procurement documentation to the County. The procurement documentation should include: — Rationale for method of procurement — Copy of advertisement, where it was published and for how long. — How many proposals received? — How was company X selected (You can use pre-established criteria of qualification or cost or both). — Selection of type of contract to be used. 6.12 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.36 (f) relating to contract cost or price of services as part of this grant assistance project. Price/cost analysis must be performed by the Entity prior to award of any type ofcontract. The selected contractor must submit a cost proposal to the Entity. The cost should be broken down by task. The cost proposal should consist of the following categories: Direct labor (with backup that establish this cost (hours and personnel)) Overhead (backup to establish this rate) Other Direct Expenses (backup to establish this item) S ub consultant Subconsultant Administrative Charge (if applicable) Total 6 Fee (Fixed for a fixed fee contract) The cost analysis consists of the Entity determining the reasonableness of the selected contractor's proposed cost, (i.e. is the allowable overhead rate used, correct pay rates for employees, accurate expense rate charges). Price analysis consists of the Entity comparing proposed prices received with other proposals submitted for this job, independent estimate from the Entity experience or cost estimate from existing master plan. Copies of price/cost analysis documentation should submitted to the County. After completing the price/cost analysis, any type of the contracts indicated below can be executed: — Cost plus fixed fee contract. — Fixed price (lump Sum) contract. — Catalog price contracts, example: geoteChnical investigations with the price of the test are _ established in the market. — For certain contracts where the above types are not applicable, the county will allow contracts with proscribed billing rates (per diem contracts), which establishes pay rate for professional categories example: Engineer I, Engineer II, Project Engineer, Field technical Help, etc. These above types of contracts are applicable for the main contractor and the sub-contractor level also. Cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. ARTICLE VII WAIVER OF BREACH 7.1 No failure by a party to insist upon the strict performance of any term of this Agreement or to exercise any term after a breach, constitutes a waiver of any breach of the term. No waiver of any breach affects or alters this Agreement, but every term of this Agreement remains effective with respect to any other existing or subsequent breach. ARTICLE VIH TERMINATION 8.1 This Agreement will terminate after the final audit and final resolution of any issues related thereto as described within 40 C.F.R. Part 1, Subpart D. 8.2 This Agreement may be terminated in whole or in part in writing by the County for its convenience. The Entity must be given: (1) not less than thirty (30) calendar days written notice of intent to terminate; and (2) an opportunity for consultation with the County prior to termination. This Agreement may be terminated in whole or in part in writing by the Entity for its convenience. The County must be given! (1) not less than thirty (30) calendar days written notice of intent to terminate; and (2) an opportunity for consultation with the Entity prior to termination. 7 8.3 If termination for convenience is effected by the County or the Entity, an equitable adjustment in the Agreement price will be made. The equitable adjustment for any termination will provide for payment to the Entity for services rendered and expenses incurred prior to termination. Equitable adjustment also will include termination settlement costs reasonably incurred by the Entity and approved by the County, relating to personnel hired specifically for activities related to this Agreement, provided such costs are eligible and allowable under the terms of the Grant. 8.4 Upon receipt of a termination notice pursuant paragraphs 8.2 or 8.3, above, the Entity will: (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the County all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may be accumulated by the Entity in performing this Agreement, whether completed or in process. 8.5 Upon termination pursuant to paragraphs 8.2 or 8.3, above, the County may take over the work and prosecute the same to completion by Agreement with another party or otherwise. 8.6 All notices of termination will be sent certified mail, postage prepaid and return receipt requested. ARTICLE IX LIABILITY 9.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of the Entity will be the sole responsibility of the Entity and not the responsibility of the County. Nothing herein will be construed as a wavier of any governmental immunity by the Entity, its agencies, or employees have as provided by statute or modified by court decisions. 9.2 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of the County will be the sole responsibility of the County and not the responsibility of the Entity. Nothing herein will be construed as a wavier of any governmental immunity by the County, its agencies, or employees have as provided by statute or modified by court decisions. ARTICLE X This Article is left blank intentionally. ARTICLE XI INSURANCE 11.1 The Entity shall purchase and/or self-insure, to the extent permissible by law, have the County, its officers, commission, boards, and employees named as additional parties insured under the policy or policies of insurance and maintain such insurance so as to protect the County from claims set forth below which may arise out of or result from the project services, whether such 8 services be by the Entity, by any subcontractor, or by anyone directly or indirectly employed by the Entity, or by anyone for whose acts any of them may be liable. 11.2 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost and expense, a professional liability insurance policy for claims for damages arising out of an error, omission, or negligent act in the performance of professional services, with limits of $1 million dollars per claim and $1 million dollars in the aggregate for each twelve (12) month period. The Entity agrees that the policy may not be substantially modified or canceled without thirty (30) days prior written notice to the County and shall promptly notify the County of any failure to renew such policy as necessary prior to final completion of the Project. 11.3 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost and expense, with insurance companies authorized to do business in the State of Michigan, the following insurance coverages: 11.3j Workers' Compensation which meets Michigan's statutory requirements, or other similar employee benefit act of any other state applicable to an employee. 11.3.2 Employers' Liability Insurance, in conjunction with Workers' Compensation Insurance for claims for damages because of bodily injury, occupational sickness or disease, or death of an employee when Workers' Compensation may not be an exclusive remedy. Such insurance shall be subject to limits of liability of not less than $500,000 dollars for each incident. 11.3.3 General Liability Insurance for claims for damages because of bodily injury or death of any person, other than the Entity's employees, or damage to tangible property of others, including loss of use resulting therefrom. Such insurance shall be subject to bodily injury limits of not less than $500,000 per occurrence and $1 million annual aggregate and property damage limits of not less than $500,000 per occurrence or combined bodily injury/property damage limits of not less than $750,000 per occurrence and $1 million annual aggregate. 11.3.4 Contractual Liability Insurance for claims for damages that may arise from the Entity's contract under Article X concerning indemnification for errors, omissions, or negligent acts in the course of the professional service or other provision within this Agreement, to the extent that such kinds of contactual liability are insurable in connection with, and subject to, limits of liability not less than for the professional liability insurance and general liability insurance set forth in subparagraphs 11.2 and 11.3.3, above. 11.3.5 Comprehensive Automobile Liability coverage, including coverage for all owned, hired, and non-owned vehicles with coverage of $1 million dollars per occurrence for bodily injury and property damage combined. 9 11.3.6 Automobile No-Fault Insurance required by law for claims arising from ownership, maintenance, or use -of any motor vehicle owned or non-owned, County, or for-hire vehicles, with, coverage of $1million single limit of liability and any applicable first-party benefits based on Michigan's no-fault law. 11.4 Certificates of insurance shall be provided to the County prior to commencing Project Services under this Agreement. Said certificates shall contain a provision that coverage afforded shall not be - canceled, materially modified, or allowed to expire unless the insurance carrier has given at least thirty (30) days prior written notice to the County. 11.5 The County and the Entity waive all rights against each other and their consultants, agents, and employees for damages covered by any property casualty insurance during the Project Services, but only to the extent covered by such insurance, - 11.6 Compliance by the Entity with the requirements of this Article as to carrying insurance and furnishing proof thereof to the County, shall not relieve the Entity of its liabilities and obligations under this Agreement. 11.7 The provisions of this Article shall survive the expiration of any termination of this Agreement for a period of three (3) yearS. ARTICLE XII NON-DISCRIMINATION 12.1 In accordance with the United States Constitution and all federal legislation and regulations governing fair employment practices and equal employment opportunity, the Entity shall comply with: A. Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252) and the United States Department of Justice regulations (28 C.F.R. Part 52) issued pursuant to Titles VI and VII; B. Environmental Protection Agency regulations (40 C.F.R., Parts 7 and 12); C. The Age Discrimination Act of 1985 (42 U. S.C. §6101-07); D. Section 504 of the Rehabilitation Act of 1973 (29 U. S.C. §794); E. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) and its associated regulations; and F. The Michigan Constitution and all state laws and regulations governing fair employment practices and equal employment opportunity, including but not limited 10 to the Michigan Civil Rights Act (1976 P.A. 453),and the Michigan Handicappers Civil Rights Act (1976 P.A. 220). 12.2 The Entity agrees that it will not discriminate against any person, employee, consultant or applicant for employment with respect to his or her hire, tenure, terms, conditions or privileges of employment because of his or her religion, race, color, national origin, age, sex, height, weight, marital status, or a handicap that is unrelated to the individual's ability to perform tasks particular - to a job or position. 12.3 The Entity further agrees that it will require each contractor performing services under this Agreement to agree to the provisions of this Article. 12.4 The Entity is responsible for complying with all federal and state laws and regulations _regarding competitive bidding. ARTICLE XIII - ASSIGNABILITY 13.1 This Agreement will be binding upon and enure to the benefit of the parties hereto and their respective heirs and assigns. 13.2 Neither of the parties hereto may assign this Agreement without the prior written consent of the other. ARTICLE XIV VALIDITY 14.1 If any provision of this Agreement or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Agreement, or the application of the provision to persons or circumstances other than those as to which it is invalid or unenforceable, is not affected and is enforceable, provided the invalid provision does not substantially alter the contract or make execution impractical. ARTICLE XV ENTIRE AGREEMENT 15.1 This document, including any attachments, contains the entire agreement between the parties. 15.2 Neither party has made any representations except those expressly set forth herein. 15.3 No rights or remedies are, or will be acquired, by either party by implication or otherwise unless set forth herein. , 11 ARTICLE XVI PATENTS, COPYRIGHTS, AND RIGHTS IN DATA 16.1 If this Agreement involves research, developmental, experimental, or demonstration work and any discovery or invention arises or is developed in the course of, or under this Agreement, the Entity and the County shall retain joint authority to patent or license. 16.2 The parties agree that any plans, drawings, specifications, computer programs, technical reports, operating manuals, and other work submitted, or which are specified to be delivered under this Agreement, or which are developed or produced and paid for under this Agreement are subject to the rights of both parties and both parties shall retain an irrevocable license to reproduce, publish and use in whole or in part.and to authorize others to do so. 16.3 This Agreement is funded in part by the USEPA and is therefore subject to the reporting and rights provisions of 40 C.F.R. Part 30 Subpart D including Appendix B and Appendix C. 16.4 ThiS-Clause shall be included in all subcontracts. ARTICLE XVII This Article is left blank intentionally. ARTICLE XVIII JURISDICTION AND GOVERNING LAW 18.1 This Agreement, and all actions arising from it, must be governed by, subject to, and _ . construed according to the law of the State of Michigan. ARTICLE XIX EFFECTIVE DATES 19.1 This Agreement becomes effective immediately upon signing by both parties and shall allow for billing all costs incurred from April 1, 2003. This Agreement, unless extended by mutual written agreement, expires on June 30, 2005. Should the USEPA require reimbursement by the County of funds transferred to the Entity for costs incurred prior to this Agreement, the Entity shall be responsible for any such reimbursement. 12 ARTICLE XX PARTY REPRESENTATIVES 20.1 The County's representative for this Agreement is the Director of Watershed Management Division, Department of Environment, Wayne County. The Entity representative for this Agreement " is the Chief Engineer for Oakland County Drain Commissioner's Office. Eitherparty may assign alternate representatives upon written notification of the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first written above. COUNTY OF WAYNE, MICHIGAN By: ROBERT A. FICANO Its: Wayne County Executive COUNT Y OF OAKLAND, MICHIGAN By: Thomas A. Law Chairperson Oakland County iioard of Commissioners TAwatershed\Razikaouge SubgrantsTunded Projects\RoundIVNIV-0411AA-Iv04.wpd June 18,2003 13 ATTACHMENT "A" Farmington to Evergreen SSO Interceptor with CSO Regulator Adjustments PROJECT DESCRIPTIONS A. Project Purpose and Objective The purpose of the project is to reduce SSOs at the existing Walnut No. 1 pumping station. The Walnut No. 1 pumping station has numerous SS°. occurrences. In August 2001 a study was submitted to the MDEQ. The report utilized the flow monitoring data from permanently installed flow meters for three intense rainfall events that occurred during 2000. A summary included the results of the recent rainfall events on the Evergreen Farmington Sewage Disposal System _ Segment 3 sewers; Sanitary Sewer Overflows and Community Town Outlet Capacities (TOC) and a list of communities that are were in excess of their TOC's during the events analyzed. From July 2000 to April 2003 it was estimated that greater than 12,000,000 gallon of raw, partially treated or diluted sanitary sewage had been discharged to the waters of the State of Michigan. Seven overflows in 2001 alone. Presently the Drain Commissioner's office is preparing to enter into an amended Consent Administrative Consent Order for the proposed improvements. The order will include the Walnut Lake Pumping Station Rehabilitation Project. The County of Oakland and the Townships of Bloomfield and West Bloomfield will enter into a contract for the acquisition and construction of the proposed project under Act 342, Public Acts of Michigan, 1939, as amended. The project location is shown in the map presented as Attachment 1. The project consists of two elements: 1)- Transfer wet weather sanitary flow; and 2) Adjust CSO regulator flow. B. Project Elements Description A description of the proposed project element is as follows Projects No. 1&2 — Farmington Evergreen Interceptor: Plan, design and construct an interconnection from the Farmington interceptor to the Evergreen interceptor to allow transfer of up to 14 CFS of wet weather sanitary flow. This flow transfer would take advantage of additional capacity provided by modifying CSO regulators (Project No. 3). The proposed force main/gravity sewer is approximately 22,000 Lineal feet of 1 ,8" force main/24"gravity sewer from the proposed Walnut No. 1 Pumping Station easterly along 14 Mile Road to the Evergreen interceptor. The force main construction will consider the impact on 14 Mile Road, which is designated a "Natural Beauty Road". Directional drilling of the proposed Force Main will be utilized whenever possible to mitigate the damage to the environment. The existing Walnut No. 1 pumping station will be replaced. The existing Walnut Lake No. 1 Pumping Station is located at the intersection of 14 Mile Road and _Inskter Road in Farmington Hills. The existing prefabricated metal station was manufactured by the Smith & Loveless Company and installed on or about 1967. Numerous operational problems have occurred at the existing pumping station due to the age of the facility. Consideringssitical-functioanflUs facility it has been determined that it is beyond its useful life and replaced witli.lesign. The proposed pumping station will be a reinforced concrete, dry well/wet well Pumping Station. The Pumping Station will include an above ground masonry building to house the controls, vertical dry pit type sewage pumps with extended shafting and vertical electric motors located on the ground floor. All associated piping, valves, electrical, instrumentation and control systems associated with this building is also part of this work. The existing 400KW generator and other existing facilities will be evaluated and utilized whenever possible. The existing OCDC supervisory control and data acquisition system (SCADA) will be utilized to monitor conditions at the Walnut Lake Pumping Station, the Evergreen Farmington SDS and the existing Retention Treatment facilities. Provision will be made for remote operation. The flow transfer would virtually eliminate SSOs at the Walnut No. 1 pumping station and at the Farmington interceptor. Project No. 3 — Modify CSO Regulators: Modify the regulators at the three existing CSO basins to increase the flow to the basins and provide additional capacity in the Evergreen interceptor, and the Detroit Water and Sewerage Department (DWSD), during wet weather. Modification of the three (3) existing CSO Regulators consists of installing controlled shut-off valves at the Acacia Park, and Bloomfield Village CSO Facilities, and modification of the pumping operation controls at the Birmingham CSO Facility. This flow-swapping arrangement would provide an additional 14 CFS capacity within the Evergreen interceptor for wet weather 2 sanitary flow that may otherwise result in discharge of SSOs. Modification of the regulated flows would result in reductions of 5 CFS at the Birmingham CSO basin, 5 CFS at the Bloomfield Village CSO basin, and 4 CFS at the Acacia Park CSO basin. The proposed three projects will includes planning, design and construction of improvement to mitigate SSOs within the Evergreen Farmington Sewage Disposal System. C. Project Deliverables Items- 1, 2 & 4 will be submitted to Wayne County for review and comments: .1) Basis of Design Report 2) Construction Plans & Specifications. 3) Complete -Construction of the Projects. 4) Final Project Summary Report. D. Project Schedule Design and construction of the Farmington to Evergreen SSO Interceptor with CSO Regulator Adjustments will be completed prior to June 30, 2005. The proposed schedule is as follows: Item Schedule Select Engineer April 2003 to July 2003 Design August 2003 to January 2003 Bid Package Preparation and Advertisement February 2003 to March 2004 Review Bids & Award Contract April 2004 to May 2004 -Construction _ June 2004 to April 2005 Restoration May 2005 to June 2005 E. Project Cost I Project Costs Project Costs Project Costs Pump Station Force Main & Reg. Grant Eligible Costs: . Planning and Design Cost: Engineering Consultants Design Phase $100.406 $301,219 $401,625 Geotechnical Services $18.720 $41,160 $59,880 Total $119,126 $342,379 1,461,505 County Services: Administration & General $20,580 $6,860 $27,440 Engineering $34,300 $102,900 $137.200 Right-Of-Way $41,160 $123480 $164.640 $96,040 $233,240 $329,280 Total Planning and Design Cost $215,166 $575,619 $790,785 Construction Cost: Construction Contractor Cost Pump Station $1,825,600 $0 $1,825,600 Force Main $0 $3,326.400 $3,326,400 Modify CSO Regulators $1 $336.000 $336.000 Total $1,825,600 $3,662,400 $5,4138,000 Engineering Consultants Construction Phase $11,156 $33,496 $44,652 Resident Project Representative $119,988 $0 $119,988 Construction Testing $18,700 $41.2160 $59.860 Total $149,844 $74,656 $224,500 County Services: Construction Inspection $30,000 $144,792 $174,792 Administration & General $20,580 $6,860 $27,440 Engineering $34,300 $102,900 $137,200 Survey Crew $8,665 $32,935 $41,600 Soil Erosion Permit $1.875 $5.625 $7,500 Total County Services $95,420 $293,112 $388.532 Contingency $410,760 $824,040 $1,234,800 Total Construction Cost $2,481,624 $4,854,208 $7,335,832 Total Grant Eligible Project Cost $2.696.790 $5.429.827 $8.126.617 Maximum Federal Grant Eligible Amount ' $1.076.716 S2.171131 S3.250.847' Federal Funding Percentage .., Project Costs not eligible for Grant Reimbursement: Regulator Capacity Cost $0 $1,651,973 $1,651,973 Legal & Land: Land Appraisals $7,500 $22,500 $30,000 Land Acguistion $22,110 $41,300 $63,410 Legal Costs $12,000 2.Q $12,000 Total Legal & Land $41,610 $63,800 $105,410 Total Project Costs S2.738.400 $7.145.600 $9.884.00Q Funding Sources: Charter Township of Bloomfield $381,727 $0 $381,727 Charter Township of West Bloomfield $1,277,957 $0 $1,277,957 Evergreen-Farmington Sewage Disposal Fund $0 $4,973,669 $4,973,669 Rouge Project Office Grant Reimbursement $1.078,716 $2,171.931 $3.250.647 Total Funding Sources $2 738,400 $7.145.600 9.884.000 -PROPOSE REGULAT ADJUSTN 2 WALNUT LAKE No.I P.S. ED \CSO OR ENTS EHIC NW. PROPOS 0 ,FORCE 4IAIN ACACIA PARK CEO RTB , o ) EibQOWIFIELD ILLS ROE Mt 110 WALNUT LAKE No.1 P.S. OUARTIthl h0. 13 MI E LINCIY./1 st BLOOMFIELD VILLAGE CEO RIB BIRMINGHAM CEO RID rIMINGHAM ' • 13 NILE VON 11••n••••n•••11101.MINI.0.1111.1M..0•111.•••11.1.1.1.1111 n1006,110.1.1.........lreasn•n•••n••• MI NEI NI PROPOSED FORCE MAIN onomosoosoom EFSDS INTERCEPTOR • 0 EXISTING PUMPING STATION En CEO RETENTION TREATMENT DASIN IRTI3) 0 PROPOSED PUMPING STATION LEGEND: • 5000' °ULM' •OmiattarALasorUildraretlIf.r01.- IALlanclard.sWoloVrccolartai Pell riu.-likshavardApkvansMbloa Alp T I IIE • 2J-52P 2002 10,24 VESIGN FILE • ( A200000120000693‘uriehot202,1gn 15E21 NAME -Jrc a 8 rn< o m va o -41 73 0 rri "D rri "12 0 7g1 C.) C rrt c o o > 53 E > g > 71 • cx G) 0 "1 m o -a 0 3 Yti 0 vi m —1 cn r- Z D 0 cn ..71 r11 -clig %V AA 16 _sciE0 Sro. Za -8 Pgart . RECIPIENT TYPE: County RECIPIENT: Vayne County - 15 Clifford Detroit. MI 43225 33-500465 U.S. ENVIRONMENTAL PROTECTION AGENCY Grant Agreement Edward McNamara, CountY I Edward McNamara, County Executive • I TYPED NAME AND TITLE DATE X - 59574506- 0 Pace 1 ASSISTANCE ID NO. I PRO 1 00010 IAMEND -4 DATE OF AWARD X - 99574306 - TYPE OF ACTION I MAIUNG-DATE Send Payment Request to: I COMPTROLLER BRANCH. MF-10J PAYEE: Wayne County - Michigan 415 Clifford Detroit, MI 45226 New 253 PAYMENT METHOD: ACH 0512 '-'ROJECT MANAGER - I Flt PROJECT OFFICER EPA GRANT SPECIALIST .,omes E. Murray Gene Wojcik Mircriell Phillips -115 Clifford Water Division Assistance Section, MC-10J .1 Z.etroit. MI 45225 WS-15J E-Mail: Mitchell .- E-Mail: . _ E-Mail: Gene Phillip5/R5/1JSEPA/US@EPA.GOV Phone: 213-224-0366 Wojcilt./R51USEPA/USgEPA.GOV Phone: 312-585-5265 Phone: 312-885-017A PROJECT TITLE AND DESCRIPTION . County'of Wayne - Continuation Grant Grant 7 buoget is primarily for the Continuation of essential monitoring and data management systems, new projects to manage stormwater, restoration r:aoitat and wetlands, polio:ion prevention, and the implementation of watershed manaaement activities tnrough the Michigan DEO Voluntary ,Stcrn-t Water General Permit. - • . BUDGE! PERIOD I PROJECT PERIOD . I TOTAL BUDGET PERIOD COST ! TOTAL PROJECT PERIOD COS 01101/2001 - 12/3112003 I 01:0112001 - 12/31/2003 I 815.815.152.00 I 815.815.152.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time -as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, 1.1 IC kW1 Ia 4,11 ,41,01 IJC IC IIflI.IC I.IS II 'gale, al ICI II IC flI G=4".111., 711011 •V Lfll.â 4.41C "kJ OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Aaency (EPA), hereby offers Assistance/Amendment to the Wayne County - Michioan for 55.00 °I. of all approved costs incurred up to and not exceeding _ 88.700.000 for the support of approv,:d budget period effort described in application (including all application modifications) cited in the Project Title and Description above, signed 09/15199 included herein by reference. ' :SaUING OFrICEGR(_AA f.AGFMFHT OFFICE) I AWARD APPROVAL Or-ric...::: ORGANIZATION I ADDRESS I ORGANIZATION / ADDRESS -J.S. EPA Region 5 i U.S. EPA. Region 5 Mail Code MCG10J I Water Division 77 West Jackson Blvd. , 77 West Jackson Blvd. Chicago, IL 50504-3507 j Chicago. IL 60504-3507 i -_ HE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY S UrRE OF AWARD OFFICIAL TYPED NAME AND TITLE . QATE / F -- . — i ‘-'------- .._..-- ...._ ____......._ I Jo Lynn Traub. Director, Water Division z-r/r7-0 This - greement is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In accepting this award or amendment and any payments made pursuant thereto. (I) the undersigned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the applicable provisions of 40.CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION EPA Funding Information X - 574305 Page 2 ---- FUNDS FOFtMER AWARD THIS ACTION I AMENDED TO. EPA Amount This Action 5 S 8,700.000 S 8.700, ?A In-Kind Amount S Unexpended Prior Year Balance S S Other Federal Funds Recipient Contribttion $ $ — fzli re Contribution . - :-. -.:—:.:.:•;•'' S S 7.118;182 - $ 7,118; , Ctber Contribution 5 5 Allowable Project Colt $ 0 S 15.818,182 5 15.318,1 Assistance Program (CF0A) Statuto Authority I Regulatory Authority ea.606 - Surveys - Studies - Investigations - Sped Appropriations Ad" Of 1E99 (Pl. 105-275) 40 CFR PART 31 • Fiscal Site Name I DCN 1 FY I Aporop. Budget FRC• Object Site/Project Cost Obligation / I Code Organization Class Organization Deobliaatior . PWX008. 00 E4C 0500AK5 .7.::;13012 41.11 - 870006 _ . _ , X .- 99574306 - 0 Page 3 Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Perzonnel 5365.000 2. Fringe Benefits 5299,300 3. Travel 520,000 4. EquIliment $25,000 S. Supplies - 520.5691 5. Contractual 35,802.309 7. Construction 58,900,000 3. Other $200,000 S. Total Direct Charges 51532.178 10. Indirect Costs: 28.00% Base 5664.300 3186,004 Ill. Total (Share: Recipient 45.00 % Federal 65.00 °A.) 515,818,182 1'.2. Total Approved Assistance Amount • 58.700,000 113. Program Income 1 50 • • X - 9c457430&- 0 Page 4 Administrative Conditions The Technical Contact for this Grant is Quintin White (312) 886-0182. 1. FAIR SHARE In accordance with EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance -programs, the recipient agrees to: accept the applicable FY 1998 "fair share" goals negotiated with EPA by the Wayne County.Departrnent of Environment as follows: MBE: FY,98 Categorical Rate - Service: 20%, 03/31/98 Availability Analysis Supplies:8% Equipment '8% Construction 20% WBE: FY98 Categorical Rate - Service: 10% 03/31/98 Availability Analysis Supplies:8% Equipment 8% Construction 10% The recipient agrees to submit FY 2000 proposed MBEMBE coals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction, services, supplies and equipment. "Fair share" objectives must be submitted to Robert Richardson, Region 5 Coordinator within 30 days of award and approved by EPA no later than 30 days thereafter. • b) Ensure to the fullest extent possible that at least the applicable "fair share" objective [see a) above] of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and universities. C) Include in its bid documents applicable "fair share" objectives [see a) above] and require all of its prime contractors to include in their bid documents for subcontracts the neootiated fair share percentages. d) Follow the six affirmative steps stated in -CFR 31.36(e), e) For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, submit an EPA Form 5700-52A, "MBENVBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" to the EPA Award Official by October 30 of each year. I) In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBE/VVBEs, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the fair share objective. 2.- RECYCLED PAPER Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to the Agency. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. 3. SMALL BUSINESS IN RURAL AREAS By accepting this agreement, the recipient agrees to comply with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988. Therefore, if the recipient awards a contract under this assistance agreement, it will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRAs): Total Expense 61-231849-10736-2556 Construction $7,145,601 $7,145,601 $ - 0 FISCAL NOTE (MISC. #03209) August 14, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - EVERGREEN FARMINGTON SEWAGE DISPOSAL SYSTEM SEGMENT III - WALNUT LAKE PUMPING STATION RECONSTRUCTION PROJECT/FORCE MAIN AND REGULATOR PROJECT: $3,250,647 GRANT APPLICATION/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 Drain Commissioner has applied for a $3,250,647 grant to offset construction costs for the Walnut Lake Pump Station Reconstruction ($1,078,716) and Force Main and Regulator Construction ($2,171,931). 2. The grant funding period is April 1, 2003 through June 30, 2005. 3. The project is needed in order to reduce sanitary sewage overflows (SS0s) that occur as the result of infiltration and inflow of storm water into the Evergreen Farmington Sewage Disposal System within the Rouge River. 4. Total estimated cost of the project is $9,884,000 of which $2,738,400 is for the Walnut Lake Pump Station Reconstruction and $7,145,600 is for the Force Main and Regulator Construction. 5. The $2,738,400 for Walnut Lake Pump Station Reconstruction is to be funded by $381,727 from Charter Township of Bloomfield, $1,277,957 from Charter Township of West Bloomfield, and $1,078,716 from Rouge Project Office grant reimbursement. 6. The $7,145,600 for the Force Main and Regulator Construction is to be funded by $4,973,669 from the Evergreen Farmington Sewage Disposal System Enterprise Fund and $2,171,931 from Rouge Project Office grant Reimbursement. 7. No General Fund monies will be used for the projects. 8. The following budget amendment is recommended for fiscal year 2004: FY 2004 Evergreen-Farmington SDS Fund (584100) Revenue 61-331820-22200-8001 Transfers Out to Construction 61-331820-22200-8005 Changes in Fund Equity $4,973,669 (4,973,669) $ -0- Evergreen-Farmington SDS Force Main and Regulator Project (442849) Revenue 61-131849-10736-0113 Grants-Federal $2,171,932 61-331849-10736-1701 Transfers In - Ever. Farm. SDS 4,973,669 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Moffitt and Suarez absent. Evergreen-Farmington SDS Walnut Pump Station Reconstruction(442842) Revenue 61-131842-10726-0113 Grant-Federal $1,078,716 61-131842-10726-0069 Prin.- Municipalities 1,659,684 Total $2,738,400 Expense 61-231842-10726-2556 Construction $2,738,400 Total $ - 0 FINANCE COMMITTEE (/(-/-7-e-fr G. William Caddell, County Clerk Resolution #03209 August 14, 2003 Moved by Palmer supported by Bullard the resolution be adopted. AYES: KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Scott, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. I NW HPINNE TIE FORM lett= STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 August 14, 2003, 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 14th day of August, 2003.