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HomeMy WebLinkAboutResolutions - 2004.12.09 - 27455December 9, 2004 MISCELLANEOUS RESOLUTION #04357 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - PLANNING & ECONOMIC DEVELOPMENT SERVICES - ROUGE GREEN CORRIDOR IDENTITY DEMONSTRATION PROJECT GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen WHEREAS Oakland County applied for and has been awarded federal grant funding in the amount of $40,000 for the Rouge Green Corridor Identity Demonstration Project Grant, awarded through the Rouge River National Wet Weather Demonstration Project, by the Wayne County Department of Environment, Watershed Management Division; and WHEREAS the purpose of this new grant is to provide local communities with tools to identify and facilitate the promotion, protection, and enhancement of " Riparian Green Corridors" as unique community assets in the Rouge River watershed and Southeast Michigan through community planning and communications; and WHEREAS the grant will provide funding for contractual services for design of signage, brochures, PowerPoint presentation, web site development, and printing of brochures and planning/marketing guidelines; and WHEREAS a minimum County In-Kind Match of $60,000 is required and will be provided by Planning & Economic Development Services Division staff for planning and communications activities, guideline development, graphics assistance, consultant review, mapping services, and presentations; and WHEREAS the funding period for the grant is October 1, 2004 through September 30, 2006; and WHEREAS acceptance of the grant does not obligate the County to any future Commitments; and WHEREAS the grant agreement has been processed through the County Executive Contract Review Process and the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners accepts federal grant funding in the amount of $40,000 for the Rouge Green Corridor Identity Demonstration Project Grant, awarded through the Rouge River National Wet Weather Demonstration Project, by the Wayne County Department of Environment. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the grant agreement and to approve grant changes and extensions, within fifteen (15) percent of the original award, which are consistent with the original agreement. BE IT FURTHER RESOLVED that the Fiscal Year 2005 Special Revenue Budget is amended to reflect this new award. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Coleman absent 7 Nina Misuraca From: Greg Givens [givensg@co.oakland.mi.us ] Sent: Wednesday, November 17, 2004 9:27 AM To: Doyle, Larry; Misuraca, Nina; Rasegan, Brett Cc: Keller, Wayne; Smith, Laverne; Frederick, Candace; Worthington, Pam; Pardee, Mary; Hanger, Helen Subject: CONTRACT REVIEW — Community and Economic Development Services CONTRACT REVIEW - Community and Economic Development Services GRANT NAME: Rouge Green Corridor Identity Demonstrat::_on Project FUNDING AGENCY: Rouge River National Wet Weather Demonstration Project - Part B / Wayne County Department of the Environment DEPARTMENT CONTACT PERSON: Nina Misuraca / 82470 STATUS: Acceptance DATE: November 17, 2004 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. 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. Department of Management and Budget: Approved. Laurie Van Felt (11/9/2004) Department of Human Resources: Approved. - Ed Poisson (11/12/20,04) Risk Management and Safety: Approved. - Gerald Mathews (11/9/2004) Corporation Counsel: There are no outstanding legal issues concerning this grant agreement. Joellen Shortly (11/16/2004) 1 Kurt L. Heise Director 49 Robert A. Eicano County Executive November 4, 2004 Ms. Nina Misuraca Ignaczak, Senior Planner Oakland County Planning & Economic Development Services (OCPEDS) 1200 North Telegraph Pontiac, MI 48341 Rouge River National Wet Weather Demonstration Project Round VI - Part "B" Grant Program for Storm Water General Permit Activities Rouge Green Corridor Identity Demonstration Project (RVIB-06) Dear Ms. Misuraca: Enclosed are three copies of the proposed interagency agreement (IAA) between Wayne County and the Oakland County Board of Commissioners. This agreement will provide funds for the Round VIB Project, "Rouge Green Corridor Identity Demonstration". Please review this agreement and its attachments. If the agreement is acceptable as presented, please have the appropriate official sign all three copies and return them to Mr. Razik Alsaigh at the following address: Mr. Razik Alsaigh Wayne County Department of Environment Division of Watershed Management 415 Clifford Detroit, Michigan 48226 Wayne County will then sign the agreement and return one copy for your records. We would like to bring to your attention the final project summary report mentioned in article 1.3 of the IAA. This report should be completed at the end of the project. An important aspect of this report is the project evaluation. The evaluation should assess the project in terms of benefits to the Rouge River, project costs, and overall effectiveness of the project. Please work with your project coordinator to identify the details required to complete the final project summary report and the project progress update schedule. Also, please take note of article 3.1 of the IAA, which specifies that modifications to the internal distribution of monies allocated among project elements are only allowed upon written agreement DEPARTMENT OF ENVIRONMENT e, WATERSHED MANAGEMENT DIVISION 415 CLIFFORD, 7T1I FLOOR DETROIT, MICHIGAN 48226 (313) 224-3620 RE : 0 a ea, Ms. Nina Misuraca November 4, 2004 Page 2 of Wayne County. Such request should be made prior to expenditure of any funds related to the proposed modification. Similarly, per article 19.1, requests for changes to the project schedule must also be by written agreement between your university and Wayne County. Finally, we would like to bring to your attention articles 6.11 and 6.12 of the IAA. These articles clarify the procurement and contractual requirement for the Rouge Grant per the 40 CFR 31. As indicated in the IAA, the project's start date is October 1, 2004. All project costs should be incurred and project deliverables completed before September 30, 2006. If you would like to discuss any of the provisions of this agreement, please call Mr. Razik Alsaigh at (313) 967-2283. Thank you for your participation in the Rouge River Round VI grant program for storm water general permit activities. We look forward to continuing our support of your efforts to help restore the beneficial uses of the Rouge River. Sincerely, Kelly A. Cave, P.E. Director, Watershed Management Division cc: Razik Alsaigh, WCWMD Staff Contractor Hourly Cost Cost Total Task Task Staff Person Hours Rate (Match) (Grant) Cost — - --:,,','-'• rcl -'i-.-:'., - , -':: -''' ' , 3. Research, develop, and write guidelines for planning and communicating riparian greenways opportunities. , a. Research, develop Senior Planner 60 $43.35 $2,601.10 _ and write "Introduction Principal to Riparian Corridors" Planner 30 $52.14 $1,564.20 Principal Planner 40 $51.76 $2,070.31 - b. Research, develop and write "Community Senior Planner 60 $43.35 $2,601,10 Planning Process" Principal , Planner 20 $52.14 $1,042.80 c. Research, develop and write "Riparian Greenway Senior Planner 60 $43.35 $2,601.10 Implementation Principal Techniques" Planner 40 $52.14 $2,085.60 Principal Planner 60 $51.76 $3,105.46 d. Research, develop and write "Riparian Principal Greenway Corridor Planner 30 $51.76 $1,552.73 Communications Guidelines" Senior Planner 50 _ $43.35 $2,167,59 Senior Planner 20 $43.35 $867.03 e. Research, develop and write "Examples of Successful Projects" Senior Planner 40 $43.35 $1,734.07 _ Senior Planner 60 $43.35 $2,601.10 Senior Planner 20 $43.35 $867.03 f. Review and revise Principal materials as needed Planner 20 $51.76 $1,035.15 Supervisor 20 , $52.31 $1,046.14 RGC Partners 60 $0.00 Principal Planner , 20 $52.14 $1,042.80 _ 12 Staff Contractor Hourly Cost Cost Total Task Task Staff PersonQR r LM.frJ Cost 4, 4. Draft and prepare layout for "Riparian Green Corridor Opportunities: Planning and Communication Guidelines Manual". ,$6,S2 a. Create or obtain GIS Technician 80 $29.13 $2,330.04 graphics to accompany each section. Senior Planner 20 $43.35 $867,03 Principal Planner 20 $61.76 $1,035.15 b. Prepare page layout for booklet. GIS Technician 80 $29.13 $2,330.04 Staff Contractor Hourly Cost Cost Total Task Task Staff Person 5. Work with contractor and printer to print materials. Build website. ,.. . . GIS Technician 5 $41.15 $205.77 Senior Planner 5 $43.35 $21616 _ a. Review and approve Senior Planner 5 $43.35 $216.76 _ final proofs prior to Principal printing Planner 5 $51.76 $258.79 GIS Technician 5 $29.13 $146.63 Supervisor 5 ,. $52.31 $261.54 ROC Partners 30 $0.00 Principal Planner 5 $52.14 $260,70 b. Print materials. $10,000 13 Staff Person Hours Hourly Ra Contractor Cost G3 Staff Cost Task Total Task 7. Grant Reporting and Administration Senior Planner 100 ' Staff Contractor Hourly Cost Cost Total Task Task Staff Person Hours Rate , NO i, •1 6. Pre •are and deliver Communi Technolo. Transfer Packaie itt , a. Prepare presentation for community technology transfer. Senior Planner 20 $43.35 $867.03 b. Prepare packages for distribution at subwatershed advisory group meetings, Rouge Gateway, Assembly of Rouge Governments, Wayne County government, and other interested parties as identified. Senior Planner 10 $43.35 $433.52 GIS Technician 20 $29.13 $582.51 _ c. Travel to meetings i and deliver presentation and packages. Senior Planner - 40 $43.35 $1,734.07 Principal , Planner 10 $51.76 $517.58 _ Supet visor _ 10 $52.31 $523,07 d. Build web site Senior Planner 10 $43.35 $433.52 Match Grant Total Total Grant Costs $60,148.00 $40,000.00 $100,148.00 - 14 Attachment "B" X - 99574305 - C Pace 1 ASSISTANCE ID NO. _60) STA 7,cp U.S. ENVIRONMENTAL PRO 1 DOC ID IAMEND# j DATE OF AWARD • .7 . X- 99574306 -o 1 itilk T, PROTECTION AGENCY B lz 721111 411, a TYPE OF Ac.-.TION 1 MffLINGDATE ci g New I I.:. 'I; Hig0 • Grant Agreement PAYMENT METHOD: — ACH# ACH it Pflalt . 0512 RECIPIENT TYPE: ' Send Payment Request to: County COMPTROLLER BRANCH. MF-10J RECIPIENT: PAYEE: . 'i.'ayne County -:-.nr?-1 Wayne County - Michigan :15 Clifford 415 Clifford Detroit. MI-48225 Detroit, MI 48226 ":-1N- 38-600485 ! FROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST 1 .,arnes E. Murray Gene Wojcik Mircnell Phillips Clifford Water Division Assistance Section, MC-10J I Detroit. MI 48225 WS-15J E-Mail: Mirchell , E-Mail: E-Mail: Gene Phillips/R5/USEPA/US©EPA.GOV Phone: 313-224-0366 Wolcik/R5/USEPNUS@EPA.GOV Phone: 312-886-5265 Phone: 312-886-0174 PROJECT TITLE AND DESCRIPTION County of Wayne - Continuation Grant Grant 7 budoet is primarily for the continuation of essential monitoring and data management systems, new projects to manage stormwater, restoration of ham:at and wetlands, pollution prevention, and the implementation of watershed management activities through the Michigan DE.Q Voluntary Storm Water General Permit, BUDGET PERIOD 1 PROJECT PERIOD' 1 TOTAL BUDGET PERIOD COST 1 TOTAL PROJECT PERIOD COST 31/01/2001 - 12/3112003 i : 01/01/2001 - 12/31/2003 I S15.818.1E2.00 I S15.818,182.00 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. which the Award Official determines tn rriteriafly alter the Agreement, shtl void the Agreement. OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers Assistance/Amendment to the Wayne Countv - Michigan for 55.00 °,c, of all approved costs incurred up to and not exceeding 58.700.000 for the support of approved budget period effort described in application (including alt application modifications) cited in the Project Title and Description above, signed 09/15199 included herein by reference. . ;SSUING OFFICE (GRANTS MANAGEMENT OFFICE) I AWARD APPROVAL OFFICE _ ORGANIZATION I ADDRESS I ORGANIZATION I ADDRESS U.S. EPA Region 5 U.S. EPA. Region 5 Mail CoCe. MC,G10J Water Division 77 West Jackson Blvd. 77 West Jackson Blvd. Chicago. IL 60604-3507 Chicago. IL 60504-3547 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY _ _ §,latI1O-U E OF AWARD OFFICIAL 1 TYPED NAME AND TITLE 1 QATE ----- 1 c---- 4 -.---- ___.---___ c(7--Tio Lynn Traub. Director, Water Division II. 1 2- CO This greernent is subject to ap ficable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In accepting this award or amendment and any payments made pursuant thereto, (1) 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 8 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 SIGNATURE:: TYPED NAME AND TITLE DATE 2.-.-^Lriv1-47 • il,/,114,...1„,....r...---r__ Edward McNamara. County Executive & - 3' --,,, 7-7 EPA Funding information X - 99574306 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED IC EPA Amount This Action $ $ 8,700,000 $ 870( PA In-Kind Amount S ..– S Unexpended Prior Year Balance S Other Federal Funds S $ Recipient Contribution $ .J ate Contribution $ . .. —........... 5 57,11B,182 $7118, Ctilar Contribution $ S Allowable Project Cost S 0 S 15,818,182 5 15,818, Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.606 - Surveys - Studies - Investigations - Sped Appropriations Act Of 1999 (P.L. 105-276) 40 CFR PART 31 Fiscal Site Name DCN FY Approp. Budget PRC I Object Site)Project Cost Obligation 1 Code Organization I Class Organization Deoblioatior - PWX008 00 E4C 0500AK9 203613 41.11 - 870000 X 99574306 - 0 Page 3 Budget Summary Page Table A - Object Class Category Total Approved Allowable 1 (Non-construction) Budget Period Cost . . 1. Per-..onnel $365,000 2. Fringe Benefits $299,300' --.-- '. 3, Travel _ $20,000 4. Equipment $25,000 5. Supplies *. $20.569 6. Contractual $5,802,309- ,7. Construction 58,900,000 S. Other $200,000' 9. Total Direct Charges $15;632,176- 10.1ndirect Costs: 28.00% Base 5664.300 $186,004 111. Total (Share: Recipient 45.00% Federal 55.00%.) $15,818,182 112. Total Approved Assistance Amount $8,700,000 13. Program Income SO X - 99574306 - 0 Page 4 Administrative Conditions The Technical Contact for this Grant is Quintin White (312) 886-0182. 111,. 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: ,eccept the applicable FY 1998 "fair share" goals negotiated with EPA by the Wayne County.Department of Environment as follows: MBE: FY98 Categorical Rate - Service: 20%, 03131/98 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 MBE/VVBE 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 documerts for subcontracts the negotiated 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. In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBENVBEs, 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 tnis 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): ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION PROJECT ROUGE RIVER GENERAL PERMIT PROJECTS GRANT AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE OAKLAND COUNTY BOARD OF COMMISSIONERS THIS AGREEMENT is entered into this day of „ between the County of Wayne, Michigan, a body corporate and Charter County ("County") and the Oakland County Board of Commissioners ("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 Green Corridor Identity Demonstration 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. B. 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". 2 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 $40,000. The Entity shall provide a minimum match of $60,000 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. F. Project work element detail. G. Project direct costs and outside services. 3 H. Time sheets for hourly employees and labor distribution sheets for salaried employees. 1. Documentation of all contractor costs. 4.5 The invoices must be certified for completeness and correctness by an appropriate Entity official. 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. 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 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, 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 (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 of contract. The selected contractor must submit a cost proposal to the Endo,. 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 ubconsultant Subconsultant Administrative Charge (if applicable) Total Fee (Fixed for a fixed fee contract) 6 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 1, 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. 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: 11.3.1 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. 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 $ lmillion 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 (PI. 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 PA. 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 XVIH 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 October 1, 2004. This Agreement, unless extended by mutual written agreement, expires on September 30, 2006. 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 Senior Planner for the Oakland County Planning & Economic Development Services. Either party may assign alternate representatives upon written notification of the other party. N 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 COUNTY BOARD OF COMMISSIONERS, MICHIGAN By: Its: TAwatershed\Razik\Rouge SubgrantsTunded Projects \RoundVARVIB Projects \RVIB06 \IAA RV1A-06.wpd November 4, 2004 13 ATTACHMENT "A" Round VI RPO Grant (RVIB-06) Rouge Green Corridor Identity Demonstration Project 1. PURPOSE AND OBJECTIVES Introduction: Maximizing the Rouge River's capacity as a community asset and as refuge habitat for wildlife is an important goal of the Main 1-2 subwatershed (Table 1). This is also a consistent theme in the subwatershed management plan goals of each of the Rouge subwatersheds. To date, many efforts within the Rouge have sought to address this issue, including Rouge Rescue Day, the Frog & Toad Survey, the "Ours to Protect" signage program, various habitat improvement projects, and a variety of public education events. We propose to undertake a novel community-based planning and communications approach to creating and promoting a unique identity for each of the riparian greenway corridors along the Rouge River as community assets and wildlife habitat areas. Such an approach is necessary to engage citizens, riparian businesses, and riparian homeowners in identifying with and taking ownership of the unique riparian corridor assets in our communities. Such assets provide benefits to people, communities, and wildlife. Project Overview: The purpose of this project is to provide local communities with tools to identify and facilitate the promotion, protection and enhancement of "Riparian Green Corridors" as unique community assets in the Rouge River watershed and Southeast Michigan through community planning and communications. The project will focus on creating these tools for the Rouge Green Corridor in Southeast Oakland County (RGC-SEO) (Figure 1) as part of a larger partner initiative including the Cities of Birmingham, Beverly Hills, Southfield, the Southeast Oakland County Water Authority, Oakland County Planning & Economic Development Services, Oakland County Drain Commissioner's Office, Friends of the Rouge, and the Oakland Land Conservancy. The tools developed in this project will assist to implement evolving greenways concepts in Southeast Oakland, and help the current project link with other communities in the Main 1-2 Subwatershed, as well as other subwatersheds in Oakland and Wayne Counties. 1 The Rouge Green Corridor in Southeast Oakland Caunttf Our goal is to maximize communaki assets related to the Rouge River in the Rouge Green Corridor The Rouge Green Corridor has the best aquatic habitat and aquatic animal populations remaining in the Main Branch of the Rouge River. The Corridor is the refuge or ark For future recolonization of the rest or the Main Branch, Rouge River, The need to protect the Corridor reflects the fact that the biodiversity of Forests, wetlands and meadows along the Rouge directly affect the health of the River. Citizen volunteers arorking as stewards of the land and water resources, have indicated their commitment and interest in helping to improve the Rouge Green Corridor. Voluntary stewardship projects and COM/111111RA( education are now underway. riouous .:""' Mots • MILIRE PREsPriE If Project Co-Sponsors The City of Birmingham The City of Southfield The Village of Beverly Hills Southeast Oakland County Water Authority Oakland Land Conservancy Oakannd County Drain Commissioner Priends of the Rouge Oakland County Planning THIRTEEN Rn Rouge River Mala1-0 Selciatershmt ELE.VEN MILE ICI CIVIC CENTER OR 'MILEY WOOC6 tit1=-4 PRE.%iriE, II I till Flinded in part through a grant from the 0 ols as 1 1.1k, Rouge River National Wet Weather Demonstration Project Objectives I. To provide information to residents and public officials on existing access to public corridor lands and available uses 2 To encourage private riparian knidowners to manage their waterfront in an ecologically- sustainable manner 2 To invest in improvements to existing publicly-owned lande parks and greenways in order to encourage nature study wildlife viewing, and scenic enjoyment, land stewardship practices and water qualitq improvements, and other recreational uses as designated by municipalities To identify areas where water quality improvements, habitat improvements. public acquisition of land, or conservation easements will benefit fish and wildlife values. 5, To identify opportunities for collaboration and partnerships among municipalities and supporting organizations Figure 1. The Rouge Green Corridor in Southeast Oakland County 2 Objectives: In order to provide tools for communities to address their watershed goals of maximizing the Rouge River's capacity as a community asset and refuge for wildlife, we seek to accomplish three major objectives and create the following corresponding products: A. Targeted Communications Pieces: We will create a program to exemplify how a unified identity concept applied to a targeted communications program can serve to create a unique and communicable identity for a riparian greenway. This can be transferred to other areas in order to promote Riparian Green Corridors across the region. The program will include development of a set of communications pieces, • including brochures, website, and presentation directed at riparian homeowners, businesses, and the public. These pieces will be designed to facilitate ease of revision and transfer to other riparian areas. o Product # 1 -Communications Pieces: • Public brochure: A brochure will be developed to communicate the Rouge Green Corridor concept to the general public and will focus on public awareness & involvement, access issues, and stewardship opportunities. • Riparian homeowner brochure: A brochure will be developed to communicate the Rouge Green Corridor concept to riparian homeowners and will focus on instilling pride, rights and responsibilities, and riparian management. • Riparian businesses brochure: A brochure will be developed to communicate the Rouge Green Corridor concept to riparian businesses and will focus on instilling pride, rights and responsibilities, riparian management, and corporate sponsorship/stewardship opportunities. • Website: A website will be developed to communicate to the public, riparian homeowners, and riparian businesses. This website will be formatted in such a manner as to accommodate the inclusion of additional Riparian Green Corridor areas in the future. • Communications PowerPoint presentation: A PowerPoint presentation will be developed to communicate to the public, riparian homeowners, and riparian businesses, as well as other interest groups and communities. 3 B. Planning and Communications Guidelines: We will develop a set of planning and communications guidelines to assist local communities in working towards the creation of "Riparian Green Corridors" in southeast Michigan. o Product # 2- Planning and Communications Guidelines: • Communication Guidelines Package: We will create a graphical concepts package for the Rouge Green Corridor, which will include graphics and logo, color scheme, fonts, and guidelines for maintaining a consistent look and feel. This package will then be applied to the development of the communications pieces. As part of these guidelines, we will create a design for an appendage sign to the "Ours to Protect" signs, which will denote the existence of a special Rouge Green Corridor. • Planning Guidelines Manual for Riparian Greenwav Corridors: We will develop a set of guidelines to assist local government staff, officials and interest groups in developing Riparian Green corridors in their own communities. To create these guidelines, . staff will combine first-hand experience working on riparian greenways projects with researching the best available information on greenways planning and riparian management. The guidelines will be combined into an easy-to-read, graphically pleasing, comprehensible format. This manual will be compiled as a booklet and will be part of a CD-ROM and website. The manual will contain the following elements (at a minimum): • Introduction to Riparian Corridors o Landscape ecology o Land use issues o Riparian rights & responsibilities o Threats and opportunities • Community Planning Process for Riparian Greenways Corridors o A planning process for riparian greenways o Common stakeholder groups O Common opportunities/pitfalls • Riparian Greenway Implementation Techniques o Planning/zoning Methods o Design Guidelines O Restoration Guidelines • Riparian Greenway Corridor Communications Guidelines o Communication Opportunities and Guidelines • Examples of Successful Projects O Clinton River Corridor in Greater Rochester • o Rouge Green Corridor • Shiawassee River Corridor • Plannina PowerPoint Presentation. A PowArPoint present ation will be created to communicate the material covered in the manual in presentation format. 4 C. Community Technology Transfer: In order to facilitate the transfer of technology developed in this project to other communities and agencies within the Rouge River watershed and beyond, we will develop a Community Technology Transfer Package which will be distributed to each community in the Rouge River Watershed and each community in Oakland County, as well as other interests as identified. We will prepare and deliver this package to each Rouge subwatershed advisory group, the Rouge Gateway, the Assembly of Rouge governments, Wayne County government, local communities, and other interested parties as identified. This package will be designed to facilitate ease of revision and transfer to other riparian areas. o Product #3- Community Technology Transfer Package: The package will include a compendium of products # 1 and # 2: • One copy of the Planning and Communications Guidelines Manual for Riparian Greenway Corridors booklet • One copy of each of the 3 brochures • CD-ROM containing digital version of the above, plus the Communications and Planning PowerPoint Presentations and link to website Benefits to the Rouge River Watershed: Communities within and outside the Rouge River Watershed will benefit in the following ways: • Communities will be provided with an set of planning tools, an identity framework and communications tools to use to raise the visibility of their Riparian Green Corridors and increase their value as community assets. • Enhanced awareness and ownership of Riparian Green Corridors by businesses, homeowners, and the public will enhance progress on water quality issues, stewardship responsibilities, and important natural areas preservation and restoration. • The enhanced community character and identity that will result from Riparian Green Corridors will further current planning initiatives designed to increase the unique "sense of place" in our communities, such as the Governor's "Context Sensitive Design" and "Cool Cities" initiatives. Cooperative, innovative, or demonstrative nature of the proiect: • Cooperative: This project is a cooperative venture by nature. Partners include OCPEDS, Oakland County Drain Commissioner's office, Southfield, Birmingham, Beverly Hills, the Southeast Oakland County Water Authority, the Friends of the Rouge, and the Oakland Land Conservancy. In addition, a major objective of this project is to enable communities to develop further partnerships with public/private partnerships with the public, businesses and homeowners who utilize land along the corridor. 5 • Innovative: This project seeks to create innovative guidelines and templates to plan and communicate riparian corridor greenway opportunities in order to assist communities in maximizing their assets related to their rivers. • Demonstrative: This project will demonstrate a method and framework for identifying, planning, and promoting the development of Riparian Green Corridors, which can be transferred to other areas in the region and beyond. The Rouge Green Corridor identity framework will be directly transferable to other Rouge communities. In order to facilitate the technology transfer, OCPEDS and other project partners will present the results of this project to other Rouge subwatershed advisory groups, the Rouge Gateway, the Assembly of Rouge governments, Wayne County government, and other interested parties as identified. Project's consistency with the goals and objective of the subwatershed: This project is consistent with goals and objectives in the Main 1-2 subwatershed management plan relating to protecting open spaces, enhancing community assets, improving wildlife habitat, educating riparian landowners, and involving the public: (Table 1). The remaining Rouge subwatersheds have very similar goals and objectives within their plans. In addition, this project is consistent with the following Oakland County SWPPI items: Oakland County SWPPI tasks: • Planning & Reporting: Local program coordination: assist local communities in developing subwatershed or coordinated multi-community projects to meet planning objectives or goals. • Mapping: Work with existing data from OCPEDS/GIS regarding stormwater, hydrology, and natural features to develop maps for planning, education, and programs. • Stewardship: Encourage citizens to take an active role by participating in on- going programs and providing direction for stewardship action. Main 1-2 Goal Relevant Objectives Restore/Maintain • Conduct public education programs Aesthetically • Encourage better understanding of connection to the river and need for stewardship Appealing • Provide direct information to businesses on how to prevent waste materials form Conditions reaching the river • Educate riparian landowners about their responsibilities Improve and • Identify functioning wetlands and other important fisheries and wildlife Maintain River • Encourage protection of existing high-value wildlife habitat on private land Ecosystem for • Identify opportunities that will preserve headwaters areas, high value fisheries, and Fish and Wildlife wildlife habitat areas found within the river or on publicly owned land • Identify opportunities to create habitat in conjunction with other public or private water management projects Maximize Provide information on access to publicly owned river front lands and available uses Community • Invest in improvements to publicly owned lands, parks, and greenways adjacent to Assets Related the river to encourage picnicking, walking, jogging, and other recreational uses to the River • Identify areas where public acquisition of lands or the use of conservation easements will benefit either public use and/or enhance fish and wildlife values o Identify areas where improvements in water quality allow for enhanced management of fish and wildlife communities and recreational value Table 1. Main 1-2 Rouge River subwatershed goals and objectives relating to maximizing the river's capacity as a community asset and as refuge habitat for wildlife. 6 2. TASK DESCRIPTION Task Task Description Products Number 1 Prepare Request for Qualifications, review • RFQ _ applications and select contractor. Contractor will be required to do the following: a. Create communications guidelines package including graphics, logo, and sign design c. Create brochures d. Create Communications PowerPoint presentation e. Print brochures and manual f. Create and produce CD-ROM for Technology Transfer Package _ 2 Work with contractor to provide information and • Communication guidance, prepare needed maps and graphics, Guidelines Package and review materials. • Public brochure • Riparian homeowner brochure • Riparian businesses brochure • PowerPoint presentation • Planning PowerPoint Presentation • CD-ROM containing digital versions of all products 3 Research, develop, and write guidelines for planning and communicating riparian greenways • Planning and opportunities. Communications Guidelines for Riparian 4 Draft and prepare layout for "Riparian Green Greenway Corridors Corridor Opportunities: Planning and Communication Guidelines Manual". 5 Work with contractor and printer to print and • 3 brochures as outlined distribute materials. above • Planning and Communications _ Guidelines booklet Prepare and deliver Community Technology • Community Technology Transfer Package Transfer Package • Riparian Greenway Webs ite 7 Grant Administration — • RPO Reporting 7 2 4 3 Task 6 6 4-Oct 4-Nov 5-Jan 5-Feb 5-Mar 11111111111=111111 111111111111 5-Apr 5-May 5-Jun 5-Jul 5-Aug [ g 5-Oct 6-Nov 5-Dec 6-Jan 6-Feb 6-Mar •"'", 6-Apr ,6-May 6-Jun 6-Jul 6-Aug 6-Sep 3. PROJECT SCHEDULE The project will begin in October 2004 and will end in September 2006: , TASK1 2 3 4 6 6 7 . _ Oct 1-04 Dec 30- Oct 1-04 Sep 30 Jan 30 - Apr 30- Oct 1- . Start Date 04 -05 06 06 04 Dec 31- Dec 31- ' Sep 30- Dec 30- Mar 30- Sep Sep End Date 04 05 05 Q5 06 30-06 30-06 M/MI/MI/M • 1n1111 8 4. PROJECT COST: $100,148.00 BUDGET KEY POINTS: • Total project budget: Grant - $40,000, Match - $60,148.00 • $30,000 (contractual) for design of communications package and PowerPoint presentation and distribution of materials • $10,000 for printing of three brochures and planning/marketing guidelines • $5,0 (match) for in-kind services for planning/communication guideline development, mapping, and presentations 6,0) /L/S' SUMMARY COST TABLE: Task Number and Task Cost Type of Effort Description 1. Prepare Request for Planning Qualifications, review applications and select $3,780,44 consultants. . _ 2. Work with consultants to Planning provide information and guidance, prepare needed maps and graphics, and review $44,647.05 materials. _ 3. Research, develop, end write Planning guidelines for planning and communicating riparian $29,542.53 greenways opportunities. 4. Draft and prepare layout for Planning "Riparian Green Corridor Opportunities: Planning and Communication Guidelines $6,562.26 Manual". 5. Work with contractor and Planning printer to print materials. $11,565.94 6. Prepare and deliver Planning/Education Community Technology Transfer Package $4050.30 7. Grant Reporting and Planning/Reporting Administration $ - TOTAL PROJECT COST $100,148.00 — Maximum funding amount provided by Wayne County = $40,000 Federal Funding percentage = 40% 9 DETAILED COST TABLES: Note: Hourly rates include salary + actual benefits Staff Contractor Hourly Cost Cost Total Task Task Staff Person Hours Rate Match 1. Prepare Request for Qualifications, review applications and select consultants S3 78c.4 a. Prepare Request for Qualifications Senior Planner 20 $43.35 $867.03 b. Develop criteria for evaluation of proposals Senior Planner 10 $43.35 $433.52 c. Coordinate with County purchasing to process applications. Senior Planner 30 $43.35 $1,300.55 d. Evaluate proposals, Senior Planner 8 $43.35 $346.81 conduct interviews, and select applicant. Supervisor 8 $52.31 $418.46 Principal Planner 8 $51.76 $414.06 RGC Partners 40 $0.00 1 0 I Staff Contractor Hourly Cost Cost Total Task Task Staff Person Hours Cost : 2. Work with consultants to provide information and guidance, prepare needed maps and graphics, and review materials. $44647.O. a. Prepare communications materials with guidance of staff and RGC partners. Senior Planner , 40 _ $43.35 _ $1,734,07 $30,000.00 GIS Technician 20 $29.13 $582.51 Website= 5,000 Principal Communications Planner 40 $51.76 $2,070.31 package = $25,000 Supervisor 10 $52,31 _ $523.07 b. Obtain or prepare supplementary maps GIS Technician 50 $29,13 $1,456.27 and graphics for Principal products. Planner 50 $51.76 $2,587.88 Senior Planner 40 $43,35 $1,734.07 _ c. Review and comment on deliverables including brochures, web site, Senior Planner 30 $43.35 $1,300.55 signage design, and Principal communications Planner 30 _ $51.76 $1,552.73 guidelines.. GIS Technician 20 $29.13 $582.51 Supervisor 10 $52.31 $523.07 RGC Partners 50 t $0.00 11 Staff Contractor Hourly Cost Cost Total Task Task Staff Person Hours (M c 3. , • 3. Research, develop, and write guidelines for planning and - communicating riparian greenways opportunities. 4 - ) • a. Research, develop Senior Planner 60 $43.35 $2,601.10 and write "Introduction Principal to Riparian Corridors" Planner 30 $52.14 $1,564.20 Principal Planner 40 $51.76 $2,070.31 b. Research, develop and write "Community ' Senior Planner 60 $43.35 $2,601.10 Planning Process" Principal , Planner 20 $52.14 $1,042.80 c. Research, develop and write "Riparian Greenway Senior Planner 60 $43.35 $2,601.10 Implementation Principal Techniques" Planner 40 $52.14 $2,085.60 Principal Planner tit) $51.76 $3,105.46 d. Research, develop and write "Riparian Principal Greenway Corridor Planner 30 _ $51.76 $1,552.73_ Communications Guidelines" Senior Planner 50 $43.35 $2,167.59 Senior Planner 20 , $43.35 $867.03 e. Research, develop and write "Examples of Successful Projects" Senior Planner 40 $43.35 $1,734.07 Senior Planner 60 $43.35 $2,601.10 Senior Planner 20 $43.35 $867.03 f. Review and revise Principal materials as needed Planner 20 $51.76 $1,035.15 Supervisor 20 $52.31 $1,04614 RGC Partners 60 $0.00 Principal Planner _ 20 $52.14 $1,042.80 12 Staff Contractor Hourly Cost Cost Total Task Task Staff Person Hours Rate 4. Draft and prepare layout for "Riparian Green Corridor Opportunities: Planning and Communication Guidelines Manual".$6562 26 . a. Create or obtain GIS Technician 80 $29.13 $2,330.04 graphics to accompany each section. Senior Planner 20 $43.35 $867.03 Principal Planner 20 $51.76 $1,035.15 b. Prepare page layout for booklet. GIS Technician 80 $29.13 $2,330.04 Staff Contractor Hourly Cost Cost Total Task Task Staff Person Hours Rate fMathh - 5. Work with contractor and printer to print materials. Build website. ' MT*" GIS Technician 5 $41.15 $205.77 Senior Planner 5 $43.35 $216.76 a. Review and approve Senior Planner 5 $43.35 $216.76 _ final proofs prior to Principal printing Planner 5 $51.76 $258.79 GIS Technician 5 $29.13 $145.63 Supervisor 5 $52.31 $261.54 RGC Partners 30 $0.00 _ Principal Planner 5 $52.14 _ $260.70 b. Print materials. $10,000 13 lSSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS U.S. EPA Region 5 Mail Code MCG10J 77 West Jackson Blvd. Chicago. !L 50604-3597 ORGANIZATION / ADDRESS U.S. EPA. Region 5 Water Division 77 West Jackson plvd. Chicago. IL 60604-3507 Attachment "B" X - 99574306 -0 Pace 1 ASSISTANCE ID NO. , A CO ST4 ).cc, U.S • ENVIRONMENTAL PRO I DOC ID IAMEND DATE OF AWARD sr ' X - PROTECTION AGENCY TYPE OF AcTIO 99574306 - 0 N --A-AMAREL New q ______..;*. J", 2 ta %-r- / Grant Agreement PAYMENT METHOD: ACH# 44 Pn Oft ACH 0512 RECIPIENT TYPE: Send Payment Request to: County COMPTROLLER BRANCH. MF-10J RECIPIENT: PAYEE: Vayne County - :r7?-, Wayne County - Michigan :15 Clifford 415 Clifford 1 Detroit. MI 48226 Detroit. MI 48226 i •_-7.iti: 38-6004695 ! 'ROJECT MANAGER .;arnes E. Murray Clifford L.:Thu-oil MI 48225 I Phone: 313-224-0356 EPA PROJECT OFFICER Gene VVoicik Water Division WS-15J E-Mail: Gene Wo1cik1R5IUSEPA/US@EPA.GOV Phone: 312-886-3174 EPA GRANT SPECIALIST Mirchell Phillips Assistance Section, MC-10J E-Mail: Mitchell Phillips/R5/LISEPA/US@EPA.GOV Phone: 312-886-5265 PROJECT TITLE AND DESCRIPTION County of Wayne - Continuation Grant Grant 7 tudoet is primarily for the continuation of essential monitoring and data management systems, new projects to manage stormwater, restoration of na-bitat and wetlands, pollution prevention, and the implementation of watershed maneaement activities through the Micheran DEO Voluntary Storm Water General Permit. BUDGET PERIOD I PROJECT PERIOD 31/0112001 - 2/31/2003 • ; 01/0112001 - 12/31/2003 I TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST I 515.818.182.00 515.818.182.00 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. which the Award Official determinPs to materially alter the Agreement, tdll void the Agreement. OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers Assistance/Amendment to the _ Wayne County - Michiaan for 55.00 %, of all approved costs incurred up to and not exceeding 58,700.000 for the support of approved oudoet period effort described in application (including all application modifications) cited in the Project Title and Description above. signed 09115/99 included herein by reference. 1 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY URE OF AWARD OFFICIAL I TYPED NAME AND TITLE 'C Lynn Traub. Director, Water Division This greement is subject to-41-h: licable U.S. Environmental Protection Agency statutory provisions and assistance regu(ations. accepting this award or amendment and any payments made pursuant thereto, (1) 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. QATE 4V/2--/C70 SIGNATURE BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION TYPED NAME AND TITLE Edward McNamara, County Executive DATE & 3e —2,, Staff Person Hours Hourly Rate Staff Cost Match Contractor Cost Granl Task Total Task Staff Contractor Hourly Cost Cost Total Task Task Staff Person Hours Rate Match Grant Cost 6. Prepare and deliver Community Technology Transfer Package $4UO O. a. Prepare presentation for community technology transfer. Senior Planner 20 $43.35 $867.03 b. Prepare packages for distribution at subwatershed advisory group meetings, Rouge . Gateway, Assembly of Rouge Governments, Wayne County government, and other interested parties as identified. Senior Planner 10 $43.35 $433.52 GIS Technician 20 $29.13 $582.51 c. Travel to meetings and deliver presentation and packages. Senior Planner 40 $43.35 '.1 734.07 Principal Planner 10 $51.76 $517.58 Supei visui 10 $52.31 $523.07 d. Build web site Senior Planner 10 $43.35 $433.52 7. Grant Reporting and Administration Senior Planner 100 Match _Grant Total Total Grant Costs $60,148.00 $40,000.00 $100,148.00 14 EPA Funding Information X -59574305-0 Page 2 FUNDS FORMER AWARD THIS ACTION I AMENDED IC EPA Amount This Action S $ 8,700,000 S 8,70C -PA In-Kind Amount S Unexpended Prior Year Balance 5 Other Federal Funds S Recipient Contribution S $ h . alta Contribution S . S 57,118182 S7,118 Cthar Contribution S S Allowable Project Cost 5 0 S 15 818,182 S 15,818 i Assistance Program (CFDA) Statutory Authority Regulatory Authority 65.606. Surveys - Studies - investigations - Spec! Appropriations Act Of 1999 (P,I.... 105-276) 40 CFR PART 31 Fiscal Site Name I DCN FY Approp. Budget PRC I Object ' Site/Project Cost Obligation Code Organization I Class Organization Deobliciatic - PVVX008 00 E4C 0500AK9 203015 41.11 87000 - , X • 99574306 - 0 Page 3 Pa ... Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1 Personnel $365.000 2. Fringe Benefits $299,300 3. Travel $20,000 4. Equipment $25,000 5. Supplies . $20,569 6. Contractual $5,802,309 7. Construction 58,900.000 3. Other $200,000 9. Total Direct Charges $15:932.178 10. Indirect Costs 2800% Base $664300 $186,004 11. Total (Share: Recipient 45.00 % Federal 55 00 %.) $15,818,182 1 12. Total .oproved Assistance Amount $8,700.000 " 13. Program Income $0. • •ri X - 99574306 - 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 Uti:ization of Small, Minority and Women's Business Enterprises in procurement under assistance programs, the recipient agrees to: r \ccept the applicable FY 1998 "fair share" goals negotiated with EPA by the Wayne County.Department of Environment as follows: MBE: FY98 Categorical Rate - Service: 20%, 03131/98 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 MBENVBE goals based on availability of qualified rninority.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 negotiated 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. 0 In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBENVBEs, 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): FISCAL NOTE (MISC. #04357) December 9, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - PLANNING & ECONOMIC DEVELOPMENT SERVICES - ROUGE GREEN CORRIDOR IDENTITY DEMONSTRATION PROJECT GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes acceptance of federal grant funding in the amount of $40,000 for the Rouge Green Corridor Identity Demonstration Project Grant, awarded through the Rouge River National Wet Weather Demonstration Project, by the Wayne County Department of Environment. 2. The purpose of this new grant is to provide local communities with tools to identify and facilitate the promotion, protection, and enhancement of " Riparian Green Corridors" as unique community assets in the Rouge River watershed and Southeast Michigan through community planning and communications. 3. The grant award is the same amount as the application. 4. Minimum County In-Kind Match of $60,000 is required and will be provided by Planning & Economic Development Services Division staff for planning and communications activities, guideline development, graphics assistance, consultant review, mapping services, and presentations. 5. The funding period for the grant is October 1, 2004 through September 30, 2006. 6. No General Fund/General Purpose appropriation is required for the grant. 7. This is not an on-going grant and is not included in the Indirect Cost Plan. 8. A budget amendment is recommended as follows: Fund #276-192 - Other Grants / Planning Grants Revenue 19-119201-13050-0113 Grants - Federal $40,000 Expenditure 19-219201-13050-3324 Printing $10,000 19-219201-13050-3348 Professional Services 30,000 $40,000 $ -0- FINANCE COMMITTEE c FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Webster absent. I HEREBY APPROVit THE FOREGOING RESOLUTION Resolution #04357 December 9, 2004 Moved by Bullard supported by Coulter the resolutions on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were adopted (with accompanying reports being accepted). 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 December 9, 2004 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 9th day of December, 2004. p G. William Caddell, County Clerk