HomeMy WebLinkAboutResolutions - 2003.06.12 - 27183June 12, 2003
MISCELLANEOUS RESOLUTION #03135
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DRAIN COMMISSIONER - Rouge-Oakland Public Education Activities Project: $85,000
GRANT APPLICATION/ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Drain Commissioner proposes to implement the National Pollution
Discharge Elimination System General Wastewater Discharge Permit for Storm Water
Discharges from Separate Storm Water Drainage Systems issued by the State of Michigan;
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 within the Rouge River and other watersheds to evaluate alternative
approaches for controlling sources of water pollution; and
WHEREAS illicit discharge elimination, public education and sub-watershed
management planning are considered examples of the types of activities included in
the Storm Water General Permit which 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 was awarded
$85,000 of Federal grant reimbursement from the County of Wayne; and
WHEREAS the total project cost is $170,000 of which $85,000 is Oakland County
and other services in-kind matching funds; and
WHEREAS the required County match will be met with existing OCDC personnel time
already assigned this task, as well as local volunteer efforts, and documented
donations and free services; and
WHEREAS no additional County personnel or monies are required, and all grant
funds will go towards the Rouge-Oakland Public Education Activities Project; 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 USEPA 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.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the application and accepts reimbursement in the amount of $85,000 for the
Rouge-Oakland Public Education Activities Project.
BE IT FURTHER RESOLVED that the Drain Commissioner and the Chairperson of the
Board of Commissioners are 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.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Douglas absent
Leo Lease
From: Greg Givens [givensg@co.oakland.rni.us ]
Sent: Wednesday, April 30, 2003 11:19 AM
To: VanLeuvenj; Fraser, Kathy; Lease, Leo
Cc: Wenzel, Nancy
Subject: CONTRACT REVIEW — Drain Commission
RE: CONTRACT REVIEW = Drain COE:mission
GRANT NAME: Rouge River National Wet Weather Demo Project
FUNDING AGENCY: Interagency Agreement - US EPA
DEPARTMENT CONTACT PERSON: Kathy Fraser - 80957
STATUS: Acceptance
DATE: April 29, 2003
Pursuant to Misc. ResolutiOn---', pase be advised the captioned
grant materials have completed inkr-rial contract review. Below are the
comments returned by review departments.
Department of Management and Budget:
This is my approval with the revised budget attachments.- Laurie Van
Pelt (2/24/2003)
Personnel Department:
Risk Management and Safety:
No comment.
Corporation Counsel:
There are no outstanding legal issues with the above grant. The
signature line needs to be changed to Tom Law. Please note that if there
will be any subcontracts, the County needs to comply with 40 CFR 31.36;
40 CFR 31 as outlined in Section 6.11 in the grant.
Joellen Shortley (4/22/2003)
Please note the comments from Corporation Counsel. 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 Oakland County
Drain Commissioner's Office ("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 administrative 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. implementing 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 Rouge Oakland County Public Education Activities 03 -04 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.
ARTICLE II
SCHEDULE OF WORK
2.1 The Time Frame for the project milestones completion is contained in Attachment "A".
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ARTICLE III
FINANCIAL PROVISIONS AND BUDGET
3.1 The detailed 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 $85,000. The Entity shall provide a minimum match of
$85,000 of approved costs, which may be satisfied by demonstrating either cash or in-kind services
from non-federal sources.
3.3 The County ‘vill 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.
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.
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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 established 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 procedures 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.
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.
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ARTICLE VI
GENERAL PROVISIONS
6.1 This Agreement is expected to be funded in part with funds from the US EPA. 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 June
16, 1998 correction letter of the grant fair share goals from EPA is also included here in Attachment
"B". The fair share goals for the Grant as identified in that letter are 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,
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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 authorized 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 RFP
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 (1)
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 of contract. 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)
Subconsultant
S ubconsultant Administrative Charge (if applicable)
Total
Fee (Fixed for a fixed fee contract)
The cost analysis consists of the Entity determining the reasonableness of the selected contractor's
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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 VIII
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.
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.
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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
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.
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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 S I 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:
11.3.1 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 contractual 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.
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 $ 1 million single limit of liability and any applicable first-party benefits based on
Michigan's no-fault law.
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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
to the Michigan Civil Rights Act (1976 P.A. 453),and the Michigan Handicappers
Civil Rights Act (1976 P.A. 220).
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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.
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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 February 1, 2003. This Agreement, unless extended by mutual
written agreement, expires on June 30, 2004. 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.
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
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is the Assistant Chief Engineer for Oakland County Drain Commissioner's Office. Either party 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
OAKLAND COUNTV DRAIN COMMISSIONER, MICHIGAN
By:
Its:
OAKLAND COUNTY BOARD OF COMMISSIONERS
By:
THOMAS A. LAW
Its: Chairperson
T:\watershed\Razlk\Subgrants\Funded Projects\Round111\RIII-1711AA-R11117.wpd February 13, 2003
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BV12
BV16
ATTACHMENT "A"
Rouge Oakland County Public Education Activities 02-04
Main 1-2 Subwatershed
Public Education Committee
I. PROJECT PURPOSE AND OBJECTIVES:
Over the past several years, the communities in the Main 1-2 subwatershed of the Rouge River
have been working diligently on many activities related to watershed planning and protection,
education and improvement of the watershed quality. These communities have found that
working together on a regional perspective for many watershed issues improves the success and
breadth of audience for public education activities.
To address the requirements set in both the subwatershed management plan (SWMP) and each
community's Stormwater Pollution Prevention Initiative (SWPPI), the Main 1-2 decided to put
together a committee of dedicated individuals to develop a regional approach to educational
issues in the Main 1-2 subwatershed. This group includes local community staff, representative
consultants and other interest groups/entity representation. The group participation varies
depending on project and/or availability. With the Oakland County Drain Commissioner's
Office leading the group, all Oakland-Rouge communities will be able to receive benefits and
services from this effort, as well as coordination of efforts with the Wayne County Department
of Environment and the Friends of the Rouge.
The Public Education committee presents these proposed projects to assist all Main 1-2
subwatershed communities in achieving the goals set out in the SWMF' and their individual
SWPPIs. These projects, which expand on work that has already been done by the Main 1-2
Public Education Committee, include:
• two professionally produced and aired watershed-related videos,
• a bi-annual newsletter directed towards educating riparian landowners,
• a quarterly newsletter to educate public officials about watershed issues,
• update print and display materials for public events and advertisements
• brown kraft paper composting bags with watershed message printed on the side
• 33 weeks of weekend radio advertisements addressing watershed issues.
Specifically, the Main 1-2 SWMP states in Chapter 6, on page 6-19, (6.2.7) that Best Management
Practices to be addressed include a topic to "Educate the Public". Listed under this BMP are several
initiatives that have been undertaken by the Main 1-2 communities. Specific to our project, these
include:
Mailings to riparian landowners
Newsletter
Citizen Newsletter; Quarterly
02/13/03
Matrix Storinwater Management Alternative Number .
B3 Display at DPW Open house
B17 Identification of riparian landowners
- BT6 Publicize correct HHW practices
BT7 Developing list of riparian landowners
B T16 Citizen Newsletter
FH27 Environmental Education Programs
FH28 Direct mailings to homes/Rouge Rescue
FH32 Cable broadcasts/web site
FH33 Video tapes
Fl Newsletter
F5 Direct mailing to residents and businesses about recycling; leaf pickup
F9 Display at Library and Village Hall w/materials
F12 Cable TV running Headwaters and RPO videos.
0C18 Maintain list of Riparian landowners
OCI9 Rouge Display in lobby
S7 Riparian land owner mailing
S27 Publicize correct HHW mgmt practices
- S39 Cable TV programming
T8 Septics education
WB15 Mailings/Pollution Prevention
WB17 Brochure distribution
WB18 Cable TV program
2. BENEFIT OF THE PROJECT:
It is the intention of this proposed project to incorporate both local (subwatershed) and regional
(watershed-wide) public education and information measures to ensure the changed behavior
patterns of not only our neighbors and residents, but those that share our watershed boundaries of
the Great Lakes. Each activity listed in this project educates the public on an array of watershed
and environmental issues that are important in the urban society we live in. By using multiple
information vehicles, this project will reach a multitude of individuals in different backgrounds,
locales and groups.
Additional benefits, other than the education of so many people, include the potential for
improved water quality, increased stewardship of the Rouge River, increased water conservation,
and so many other ways that the single person can make a difference in their watershed. As a
result of the implementation of this project, possibilities are endless.
3. TASK DESCRIPTION:
A. Video Media Production
In 2001, the Main 1-2 PE Committee worked with the City of Southfield and Comcast cable
company to produce and air a 30-second video commercial addressing ultimate discharge and
proper car washing procedures as required in the Voluntary Stormwater Permit. This already-
02/13/03
produced video addressed ultimate discharge point and watershed connectivity. In addition, this
already-produced video was aired on Comcast cable channels.
The Main 1-2 PE Committee has an agreement with Comcast cable for the production of at least
one more video as an in-kind donation from Comcast. Airtime will be discounted and a small
portion may be available as in-kind donation. This grant would pay for the production of an
additional commercial and airtime to broadcast both new videos. Airtime would consist of two
three-month periods during the grant. In addition, we are working with the Star Theaters
Corporation regarding donating screen time in their theaters to show the 30-second videos before
movie show times at all area Star Theaters that we may be able to procure more in-kind time.
Possible topics include septic system management, bacteria sources, stormwater
runoff/impervious surfaces and/or water conservation.
DELIVERABLES:
Two 30-second commercials (one donated as in-kind services)
Airtime to broadcast both commercials via cable and/or other video media.
B. Visual Media
The Wayne County Department of Environment (WCDOE) has had great success with print ads
to educate residents about watershed issues. In addition the Huron River Watershed Council
(HRWC) has produced regionally acclaimed print ads and materials. These advertising programs
have been extremely successful in educating homeowners and residents on the important of
many watershed issues.
The Main 1-2 PE Committee proposes to work with the WCDOE and HRWC to combine efforts
into a regional advertising campaign to educate homeowners and residents on various watershed
issues, including water conservation, water quality, riparian responsibility, yard care, pet care,
stormwater and recreation. More topics may be addressed in the future. Media vehicles include
local newspapers, newsletters, direct mailing, display posters, etc,
The Main 1-2 PE Committee proposes to work with the creators/designers of the original poster
series for the creation of the next installment of posters/display information to present. This new
poster display will incorporate design features from the original poster display, while addressing
expanded watershed messages that will not only benefit the Main 1-2 and Oakland Rouge
groups, but be applicable watershed-wide.
DELIVERABLES:
Advertising campaign
Digital media library with printer-ready materials
Poster display files in digital format
C. Watershed newsletter series
In a majority of the Rouge-Oakland Communities' SWPPIs, a specific action for educational
materials to be sent to riparian owners is stated, thus required by permit. An educational
newsletter-format mailing, sent to all riparian landowners twice a year would address this permit
02/13/03
requirement as well as deliver identical messages across the subwatershed. To complement this
activity, a similar message will also be addressed to local public officials.
The Rouge-Oakland PE Committee proposes to create and publish a bi-annual newsletter to send
to all riparian landowners. All articles would be written by community representatives and
Rouge watershed interest groups. The end document would be presented digitally to all
Communities to add their own community information, print and distribute. Once established
this newsletter will most likely continue after the grant period as part of specific permit
requirements.
DELIVERABLES:
Digital newsletter layout in both PageMaker and Publisher format (Twice a year) (total
of 3)
Printed quarterly newsletters for public officials (1000 copies, postage paid &
sent) (total of 6)
**Please note — this activity would be a grant-funded activity throughout the duration of this
grant period, but will be paid for other sources after funding ends.
D. Compost bags
Almost every community in the Main 1-2 subwatershed utilizes a yard waste pickup program for
residents. Most of these programs use brown Kraft-paper bags to collect the yard waste. Yard
waste management is one of the aspects that must be addressed in all SWPPIs, as well as
Voluntary Permit requirements.
The Main 1-2 PE Committee proposes to purchase a large supply of brown Kraft-paper bags
with a watershed-related educational message printed on the side of the bag. These bags would
be handed out at public functions, in new homeowners packets, to schools, etc. The importance
of the message on the side of the bag will be tied into an accompanying brochure or flyer with
information regarding yard waste management or another watershed-related issue.
DELIVERABLES:
Printed brown Kraft-paper bags (5000) and brochure/flyer
E. Radio Commercial Spots
A majority of homeowners and residents usually spend their weekends cleaning the house,
working in the yard, washing the car, etc. It is these people that most likely make the decisions
about what type of fertilizer is used, what cleaning supplies are purchased, and where the car is
washed.
The Rouge-Oakland PE Committee proposes to work with a local radio station (highly rated for
the 25-54 age group of listeners) to promote an educational campaign addressing these "weekend
warriors". Our target time for airtime will be daytime weekends in summer of 2003, with
specific river-friendly messages to address these homeowners and residents. This task would
encompass a listening area beyond the Main 1-2, including all of Southeast Michigan. We might
also utilize existing "handyman" shows on other stations to include appropriate messages.
02/13/03
2002 2003 2004
Possible topics include household hazardous waste, proper car washing, alternative cleaning
supplies, river-friendly gardening, fertilizers and pesticides, septic system management,
stormwater runoff/impervious surfaces and/or water conservation.
DELIVERABLES:
33 weeks (March 1, 2003 — October 12, 2003)
396 commercial spots: Saturday and Sunday, 6am — 7pm (12 times per week) (per quote
from WCSX)
1. PROJECT SCHEDULE:
Tasi.SONDJFM AMJJ A SONDJF M AMJJ A SON
A
2. PROJECT COST:
Task Number/ Description Task Cost Type of Who will
Effort perform task?
A Video Production/Cable $74,000.00 Education Committee
time (community staff)
B Visual Media $15,000.00 Education Committee
(community staff)
C Riparian Mailing $29,000.00 Education Consultant/
committee
D Compost Bags $4,000.00 Education Committee
(community staff)
E Radio Commercial Spots $48,000.00 Education Committee
(community staff)
Total Project Cost $170,000.00
The maximum amount that could be funded from the Rouge Grant = $85,000
The Funding percentage =50%
D I J A A A
05/22/03
Materials and Labor Cost Breakdown:
ITEM Task Cost Description
Materials
Cable Airtime A $39,000 Contract for IN, channels, time coverage
Cable Airtime - Match A S14,000 In-kind random plays - to be determined
Cable Production A S1,000 Produce 2 videos for cable airtime
Posters/Display B $8,500 Procure posters, props, and materials for
. o s distribution
Copying B/C S7,500 Print costs for newsletters, display
_ materials
Kraft Bags D $2,000 Purchase quantity/printed decal/distribute
Radio Airtime E $22,000 Contract for ##, channels, time coverage
Radio Airtime E $20,000 In-kind random plays - to be determined
Radio Production E S5,000 Produce scripts, record, and edit for airtime
—
, Labor
, Environmental Planner A,B,C, $35,000 Manage project, prepare reports and
OCDC D,E provide design and content for materials
(match)
Consultant(s)/Contract B,C $4,000 Compose, edit and design materials (i.e.
ed Work newsletter)
_ Committee Staff A-E 9,000 Review and develop materials. (match)
Other Direct Cost A-E $3,000 Copying materials, supplies, other printing
_ 1
TOTAL COST $170,000
3. LOCAL MATCH:
The majority of this match will be through in-kind services of the Oakland County Drain
Commissioner's Office. In-kind donations from Comcast and Star Theaters, Radio Stations will
be utilized also. If necessary, local cost-sharing for materials and committee members (force
account labor) will be used for costs only if needed. Also volunteer hours will be recorded as
appropriate.
4. ELECTIVE FOR WAYNE COUNTY SERVICES FOR ILLICIT DISCHARGE
ELIMINATION, PUBLIC EDUCATION, AND PUBLIC INFORMATION
While this grant does not specifically request the services of Wayne County for public education
and/or public information services, it is our hope to work together with the County to create a
follow-up watershed poster display (Task B) and utilize other deliverables on a broader scale into
Wayne and Washtenaw County, such as the Cable and radio airtime.
05/22/03
Attachnrrent "B"
Page I of
EPA ASSISTANCE AGREEMENT / AMENDMENT
7--F. ASSISTANCE ID NO.
X 995743-05-0 05-X -000
3. DATE OF AWARD
2. LOG NUMBER
1
U.S. ENVIRONMENTAL PROTECTION AGENCY
1. MAIUNG DATE
PART! - ASSISTANCE NOTIFICATION INFORMATION E 1 A laclP .rt) 1 el too-
. 5. AGREEMENT TYPE 6. PAYMENT METHOD
Coopers...Agreement Advance Rembureerreme E ACH Number ACH - 0512
Grant Amassment X Send Payment Rgessat to: 7. TYPE OF ACTION
Asmnanoe Amendment COMPTROLLER BRANCH, MF-10J CONTINUATION
-a. RECIPIENT 9. PAYEE
R WAYNE COUNTY - MICHIGAN WAYNE COUNTY - MICHIGAN E c 415 CLIFFORD 415 CLIFFORD
I DETROIT, MI 46226 DETROIT, MI 48226
P
I
E ,
N EIN NO. CONGRESSIONAL DISTRICT 10. RECIPIENT TYPE
T 38-6004895 13 COUNTY OR PARISH
o 11. PROJECT MANAGER AND TELEPHONE NO. 12. CONSULTANT (WWT Camettubtion Grants only)
R JAMES E MURRAY
G N/A
(313) 224-3631
E 13. ISSUING OFFICE (CITY / STATE) 14. EPA PROJECT / STATE OFFICER AND TELEPHONE NO.
P US ENVIRONMENTAL PROTECTION AGENCY WOJCIK
A ACCUISITION-ASSISTANCE BRANCH WATER DIVISION
c US EPA, REGION 5, MC-10J WS-15J. (312) 886-0174 o N 77 W JACKSON BLVD WHITE - TECHNICAL CONTACT
T CHICAGO, IL 60604-3590 WA-16J (312) 886-0134
A 15. EPA CONGRESSIONAL LIAISON & PHONE 16. STATE APPL ID (Cteenrighougal 17. SCIENCE FIELD 18. PROJECT STEP C BARBARA BROOKS. (202) 260-5660 N/A NA
(WWT Construction Grants Only)
N/A
., STATUTORY AUTHORITY 20. REGULATORY AUTHORITY 21. STEP 2 i. 3 & STEP 3 ivr.rr Conycruction GrantA Onry)
--,;:iee continuation page) 40 CFR PART 31 a- Treatment Levet 1 I
b. Protect Type N/A I
c. Treatmnt e Prance.
d. Simian °ami
1
1 I
I
i 1
22. PROJECT TITLE AND DESCRIPTION ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION
, ..
23. PROJECT LOCATION fAreee Intomted by Prolectl
Olty i Plane Cmtnly State Congressoonal Walnut
ROUGE RIVER WATERSHED WAYNE MI MU Li IP LE
24. ASSISTANCE PROGRAM (CFDA Program Na. & r(thei 66.6061 25. PROJECT PERIOD 26. BUDGET PERIOD
t Surveys. Studies. Investigations, Spec' f 01/01/99 - 11/30/01 01/01/99 - 11/30/01
27. COMMUNITY POPULATION 128. TOTAL BUDGET PERIOD COST 29. TOTAL PROJECT PERIOD COST
ONVIT Construction Grams Only) N/A 525,454.545 525,454.545
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
30. EPA Amount This Action 50 $14,000,000
31. EPA In-AInd Amount 0 0
32. Unexpended Prior Year Balance 0 0
33. Othor Federal Fund. 0 0 ,
34. Recipe...It Contribution 0 11 454.545
33. State Contribution 0 0
34 Loc.el Contribution 0 0
, 37. Other Contnbution 0 0
'.. Allomeol. Protect Com SO 525.454,545
Site Name Document FY Approp.I Bucgett Program Cbject. Site/Project I_ Cost Obligation i
Control Organization Element Cass 'Organization Deobligatlo
I Number
C Al
01) PWX027 98 E 0530AK9 9A1 41.11 14,000.000
A
L
EPA Form 2700.20A (Rev. 542). Reolaces previous edition. and EPA Forma 5700-1A.3.C. and O. iii M wench are oimoiete.
Site Name OCN FY
ASSISTANCE IDENTIFICATION X 995743-05-0 Page 2 of 6
39. FISCAL (continued)
Approp. I &Rigel
rganizstIon
Program pbject
Element 'Class
Site/Protect I Cost
(Organization
Otailgation /
Deobligation
19. STATUTORY AUTHORITY (continued)
1. CLEAN WATER ACT: SEC. 104
2. APPROPRIATIONS ACT OF 1998 (P.! 105-65)
•
PART 11 - APPROVED BUDGET ASSISTANCE IDENTIFICATION: X 995743-05-0 Page 3 of 6
TABLE A- OBJECT CLASS CATEGORY TOTAL APPROVED ALLOWABLE
Mort-constructiont BUDGET PERIOD COST
1. PERSONNEL $810000
2. FRINGE BENEFITS 652.779 -
3. TRAVEL 78.100
4. EQUIPMENT 68.700
5. SUPPLIES 26.200
6. CONTRACTUAL 10.125.339
7. CONSTRUCTION 13.380.000
8. OTHER 64.755
9. TOTAL DIRECT CHARGES $25205.873
10.1NDIRECT COSTS: RATE 17.00 .00 % BASE s F.3 248.672
1 1 . TOTAL (Share: Recipient 45.00% Federal 55.00%.) $25.454,545
,
12. TOTAL APPROVED ASSISTANCE AMOUNT
$140001000
TABLE B - PROGRAM ELEMENT CLASSIFICATION
mon-constnicaon)
• -
2
1
4
5.
6.
7.
a.
9.
. 10.
.1.
r 12. TOTAL (Share: Recipient % Federal c...)
13. TOTAL APPROVED ASSISTANCE AMOUNT
TABLE C. PROGRAM ELEMENT CLASSIFICATION
iconaiructionn
1. ADMINISTRATION EXPENSE
2. PRELIMINARY EXPENSE .
3. LAND STRUCTURES. RIGHT-OF-WAY I
4. ARCHITECTURAL ENGINEERING BASIC FEES
5. OTHER ARCHITECTURAL ENGINEERING FEES
6. PROJECT INSPECTION FEES
7. LAND DEVELOPMENT
8. RELOCATION EXPENSE
9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS
10. DEMOLITION AND REMOVAL
11. CONSTRUCTION AND PROJECT IMPROVEMENT
_ 12. EQUIPMENT
13. MISCELLANEOUS
14. TOTAL (Linos I they 131
15. ESTIMATED INCOME iit .001.c.cle
16. NET PROJECT AMOUNT lull. 14 minus 151
17. LESS: INELIGIBLE EXCLUSIONS
, 18. ADD: CONTINGENC:ES
.9. TOTAL (Share: Recipient % Federal %.)
20. TOTAL APPROVED ASSISTANCE AMOUNT
c?.% ,,arn i700.20.1 oiev
ASSISTANCE IDENTIFICATION: X 995743-Q5-3 Page 4 of 6 PAST U — AWARD CONDITIONS
TERMS AND CONDITIONS
1. RECYCLED PAPER
Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recyc:ed
paper for ail 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.
2. 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):
a. Placing SBRAs on solicitation lists;
b. Ensuring that SBRAs are soiicited whenever they are potential sources;
c. Dividing total requirements when economically feasible into small tasks or
quantities to permit maximum participation by SBRAs;
d. Establishing delivery schedules, where the requirements of work will permit,
which would encourage participation by SBRAs;
e. Using the services of the Small Business Administration and the Minority
Business Development Agency of the U.S. Department of Commerce, as
appropriate; and,
f. Requiring the contractor, if it awards subcontracts, to take the affirmative steps
in subparagraphs a. through e. of this condition.
3. PUBLIC ACCOMMODATION
The recipient agrees to ensure that all conference, meeting, convention or
:raining space funded in whole or in part with Federal funds, complies with the
Hotel and Motel Fire Safety Act of 1990.
4. FAIR SHARE
The recipient must ensure to the fullest extent possible that at least 8% (Equipment), 8%
(Supplies) and 20%(Construction) of Federal funds for prime contracts or subcontracts fel -
supplies, construction, equipment or services are made available to organizations owned or
controlled by socially and economically disadvantaged individuals and historically black
colleges and universities, and that at least 4% (Equipment), 4% (Supplies) and 8%
(Construction.) of such funds are made available to organizations owned or controlled by
women.
The recipient agrees, in the event of any contracting, to include in its bid documents 8%
(Equipment), 8% (Supplies) and 20%(Construction) MBE "Fair Share" and require all of its
prime contractors to include in their documents for subcontracts 4% (Equipment), 4%
(Supplies) and 8% (Construction) WBE "Fair Share" percentages.
EPA Form 3700-Z0A R. 5-421
PART III — AWARD CONDITIONS ASSISTANCE IDENTIFICATION: X 995743-05-0 Page 5 of 5
The recipient also agrees to comply with the six affirmative steps of the "Fair Share' policy
stated in 40 CFR 33.240, 31,36(e) or 35.680(a), as appropriate.
The State and/or recipient agrees to submit a EPA Form-5700-52A "MBE/WBE Utilization
Under Federal Grants, Cooperative Agreements, and other Federal Financial Assistance", to
the EPA award official beginning with the Federal fiscal year quarter the recipient awards its
first contract and continuing until all contracts and subcontracts have been reported. These
reports must be submitted to the award official within 30 days of the end at the Federal fiscal
quarter (January 30, April 30, July 30 and October 30).
5. The recipient agrees that prior to initiating any work associated with Project Groups
B ("Wetlands Projects") and D, ("Recreation and Habitat Projects"), the recipient shall submit,
and receive USEPA approval for, further detailed workplans for activities to be included in
these project groups. The recipient agrees that USEPA shall be provided with at least 45 days
to review and provide comments on these detailed work plans. The recipient further agrees
that it will comply with "Federal Guidance for the Establishment, Use and Operation of
Mitigation Banks" dated August 1995.
THIS AWARD IS IN RESPONSE TO THE RECIPIENTS APPLICATION DATED
JUNE 12, 1998.
EPA -,,rrn 57Q0,:tiA :Rev 5-i-21
RAS IV
ASSISTANCE IDENTIFICATION: X 995743-05-0 Page 6 of 5
I SPECIAL CONDITIONS ccontinwai
NOTE: Th..; Agreement must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters
awards and to the appropriate Grants Administration Office for State and local awards 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 lime. 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, which the Award Official determines to materially alter the Agreement, shall void the Agreement.
OFFER AND ACCEPTANCE
The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers
assistance/amendment to the WAYNE COUNTY - MICHIGAN for 55.00 % of all approved
RECIPIENT ORGANIZATIM
costs incurred up to and not exceeding s 14.000.000 for the support of approved budget period effort described
ASSISTANCE AMOUNT
in application (including all application modifications) cited in Item 22 of this Agreement
ROUGE RIVER NATIONA WET WEATHER DEMONSTRATIOn , included herein by reference.
OAT AND TITLE
isAiliNci nrcir= . ......... A A arnPieu. C•111.... AWARD APPROVAL OFFICE
ORGANIZATION i ADDRESS ORGANIZATION / ADDRESS
ACQUISITION-ASSISTANCE BRANCH WATER DIVISION
US ERA, REGION 5, MC-10J US ERA. REGIONS, W-1EJ
77 W JACKSON BLVD 77 W JACKSON BLVD
CHICAGO. IL 50604-3590 CHICAGO. IL 60604-3590
r. - VIRONMENTAL PROTECTION AGENCY
SIG,NATLIEttepF AWARD OFFtirrAt TYPED NAME AND TITLE JO LYNN TRAUB. DIRECTOR
/ I. f/(1,1( / /-,,-7 e_ /
WATER DIVISION, REGION 5 / 4
1 / i . / This agreement is sultiect to applicable U.g. Environmentai Protection Agency statutory provisions and assistance regulations. In
v ;..-
accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly
authorized to act on benaif of the recipient organization, and (2) the recipient agrees (a) that the award is subiect to the
applicable provisions of 40 CFR Chapter I, Subchapter 3 and of the provisions of this agreement (Parts I thru IV), 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
SIGNATURE
'
TYPED NAME AND TITLE 4 2:?../.-‘4,-.„&„-eri /70 4 .
DATE
-
sviC S
R 7riE .4177..NTICN CF
MC - 101
Ali 1 a Me
'.^-1„ • _ , 4
../
-` • •
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 7
REON —
–7 WESMIACKSON BOULEVARD
CHICAGO, IL 50604-350
Mr. Butler Benton. Jr.
Director of Administration
Wayne County Department of Environment
415 Clifford
Detroit. MI 43226
/- •
Re: WBE/MBE Fair Share Goals
Der.T Mr. Benton:
This letter will confirm our telephone call of June 15, 1998 regarding the correction of the
services goals of all of Wayne County Deparanent of Environment's proposed fair share for your
assistance agreements with the United States Environmental protection Agency (USE:PA). As
you may know, under USEPA's interim MBEIWBE policy, these goads may also be used by local
government and non-profit recipients in your state in lieu of conducting an independent
availabiliry analysis. On behalf of Region 5, we thank you and your staff for their courtesy and
cooperation during this process. For FY98, the fair snare goals for your assistance agreement(s)
will :
SRF Construcdon 20% MBE 10% Wi7z;'
Service 20% MBE 10% WE
Equipment 8% NfBE 4% WBE
S upplies 8% NCBE 4% 7rBE
Ait'noug.h USEPA's final MBE'Vv-BE policy is still under consideration, becau.se of the
United States Supreme Court holding in Adarand v. Pena, it is possible that USEPA state grant
recipients may be required to perform an annual availability analysis before a grant can be
awarded. Similarly, the draft Final MBE/7/13E Guidance requires all grantees to za.ok their
acquisition of supplies. services, equipment and construction by demographic status of the
conzactor or vendor. We realize that these requirements may place additional burdens on your
resources and we urge you to plan for them in advance. According to T..JSE.PA's Office of
General Counsel, at least part of the expense of performing an availability analysis would be an
allowable expense under USEPA's State Revolving Fund and Superfund grants.
ecyctecuFtec.icta pia - -.r.tec wtr, vecetacie 3asea irxs ?-'"•c!ec '3cer :2C`-> F=5:,:zr36.•Iter
UqEPA's Grants Adininistation Division and Office of Small and Disadvantaged
Business :jziiizazion are directing: the revisions to the NGEWSE. policy. It is their intention to \,--
cromulca-ie formal MBEIWBE regulations applicable to ail USEPA Zants. Since they will affect
your CSEPA crams, we suggest that you consider commenting on the proposed regulations
during the rule making process.
can be of any assistance, please do not hesitate to call. My direct dial number is
12) 353-5677.
Sincerely.
RooerzI.R
i:7
ardson
inC/46i, 7711„-ZviLi
Regional MBE/WBE Coordinator
cc: Robert Springer
Assistant Regional AdriLnHstrator
Lynn Donley
Associate Regional Counsel
TES LETTER WAS ..,kLSO SENT TO THE FOLLOWING PERSONS:
M. GA.D E
O. 1-11.501-a-7.3 3. HAMILTON
P. LARSON
J. NOVAK
Attachment "C"
Edward H. McNamara
County Excrativo
July 30, 1998
Dear Community Representative:
Since the inception of the Rouge River National Wet Weather Demonstration Project (Rouge
Project) in 1992, Wayne County has expended the majority of the grant funds through sub-grants
to the communities. In order to meet the overall grant requirements, Wayne County has passed on
the same requirements to all sub-grantees. The purpose of this letter is to inform you of a significant
change to one of the grant conditions, which will be included with future sub-grant awards. The
requirement is as follows, and is quoted directly from the USEPA grant document:
-Fair Share - The recipient must ensure to the fullest extent possible that at least 8%
(Equipment), 8 % (Supplies), and 20% (Construction and Services) 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 and historically black colleges and
universities, and at least 4% (Equipment), 4% (Supplies), and 10% (Construction and
Services) of such funds are made available to organizations owned or controlled by
women.
The recipient agrees, in the event of any contracting, to include in its bid documents,
a 8% (Equipment), 8% (Supplies) and 20% (Construction and Services) MBE and
4% (Equipment), 4% (Supplies), and 10% (Construction and Services) WBE "Fair
Share" and require all of its prime contractors to include in their documents for
subcontracts 8% (Equipment), 8 % (Supplies) and 20% (Construction and Services)
MBE and 4% (Equipment), 4% (Supplies), and 10% (Construction and Services)
WBE "Fair Share" percentages.
The recipient also agrees to comply with the six affirmative steps of the "Fair Share"
policy stated in 40 CFR 30.66(b), 31.36(e) or 35.680(a), as appropriate.
In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair
share objective for MBEs/WBEs, 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.
DEPARTMENT OF ENVIRONMENT
415 CLIFFORD, DETROIT, MICHIGAN 48226 • 313-224-3620
Community Representative
July 30, 1998
Page 4
We recognize that many communities may not have much experience with meeting these goals.
Therefore, we can provide assistance, if desired. If you have any questions or you would like
assistance, please do not hesitate to call Mr. Robert Allen at Wayne County (313-224-4657), or the
following staff at the RPO: Carl Johnson (313-964-8879), Jerry Neibert (313-963-1313) or Razik
Alsaigh (313-964-8866).
Sincerely,
Vyto Kaunelis
Deputy Director, WCDOE
cc: J. Murray, WCDOE
K. Cave, WCDOE
R. Allen, WCDOE
C. Johnson, R1'0
R. Alsaigh, RPO
J. Neibert, RPO
g:\admqtr5\kaunelis\.071798.pd
, ‘,
FISCAL NOTE 103135 June 12, 2003
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - ROUGE-OAKLAND PUBLIC EDUCATION ACTIVITIES
PROJECT: $85,000 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 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, increase public education, improve water quality
and recreational use of the Rouge River.
2. The Rouge Oakland Public Education Activities Project cost
is $170,000.00 with County match of 50%, or $85,000.00.
3. This is a one-time grant and therefore indirect costs for
this particular grant were not calculated in the County's
indirect cost plan.
4. The County match will be met with existing Drain
Commissioner personnel and other in-kind services from
documented donations and volunteer services. No additional
General Fund Monies required.
5. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
G. William Caddell, County Clerk
• " • •
Resolution #03135 June 12, 2003
Moved by Knollenberg supported by Zack the resolutions on the Consent Agenda, be adopted.
AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long,
McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Zack,
Bullard, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted, therefore the resolutions on the Consent Agenda, were adopted.
I HEM ME TIE HMOS BOWDON
02/5
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 June 12, 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 12th day of June, 2003.