HomeMy WebLinkAboutResolutions - 2004.06.17 - 27553June 17, 2004
MISCELLANEOUS RESOLUTION 104153
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT - EMERALD ASH BORER TREE PLANTING GRANT
ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Facilities Management Department applied for an
Emerald Ash Borer Tree Planting Grant in the amount of $29,120 from the
Michigan Department of Natural Resources - Urban and Community Forestry
Program; and
WHEREAS the Michigan Department of Natural Resources - Urban and
Community Forestry Program has awarded grant funding in the amount of
$29,120 to Oakland County, the same amount as the application; and
WHEREAS the grant will replace new and mature ash plantings that
are declining or that have succumbed to the emerald ash borer
infestations at County-owned facilities with a diverse selection of
replacement trees; and
WHEREAS the grant award includes $11,250 federal funding,
provided by the USDA Forest Service, for the purchase of approximately
90 replacement trees, supplemented by $17,870 County In-kind Match
provided from the FY 2004 Facilities Maintenance & Operations Division
Budget; and
WHEREAS the grant period begins April 1, 2004 and ends May 31,
2005; and
WHEREAS no General Fund/General Purpose appropriation is required
for this the grant; and
WHEREAS the grant award has been reviewed and has been approved
through the County Executive's Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the Emerald Ash Borer Tree Planting Grant award
in the amount of $29,120,
BE IT FURTHER RESOLVED that acceptance of this grant award does
not obligate the County to any future commitment,
BE IT FURTHER RESOLVED that the Chairperson of the Oakland County
Board of Commissioners is authorized to execute the grant agreement and
approve amendments and extensions up to a fifteen (15) percent variance
from the award.
Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
Planning & Building Committee Vote:
Motion Contingent on receiving Corporation Counsel approval carried on
unanimous roll call vote with Coulter absent
,
DNV MICHIGAN DEPARTMENT OF NATURAL RESOURCES - FOREST, MINERAL AND FIRE MANAGEMENT
EMERALD ASH BORER (EAB) TREE PLANTING GRANT PROGRAM AGREEMENT
Issued under authority of Part 5 of Act 451, PA. 1994, as amended, and the U.S. Cooperative Forestry Assistance Act of 1978, CFDA 10.664,
Subject to the provisions of the law and the conditions herein contained. EAB Tree Planting Grant Program grants am hereby awarded to the persons named herein.
LEGAL NAME OF GRANTEE GRANT NUMBER GRANT ISSUED GRANT AMOUNT
Oakland, County of- FM&O Grounds EAB 04-27 04/01/04 $ 11,250
STREET ADDRESS FEDERAL La NUMBER STARTING DATE ENDING DATE
One Public Works Dr. 38-6004876W 04/01/04 05/31/05
CITY STATE ZIP CODE GRANTEE CONTACT NAME GRANTEE TELEPHONE NUMBER
Waterford MI 48328 Phillip Goulding 248.858.0171
FINANCIAL BREAKDOWN OF FEDERAL FUNDS AWARDED LOCAL MATCH
ESTIMATED PROJECT COSTS (MAX. 50% OF PROJ.) (MIN. 50% OF PRO !EMI
PERSONNEL $ 2340*
FRINGES $
TRAVEL $
EQUIPMENT $ 7880*
SUPPLIES $ 1450* ........
CONTRACTUAL $ .....
CONSTRUCTION $ $
VOLUNTEER $ $
TREES $ 11.250 $ 6200*
OTHER $ $ ........
OTHER $ $
TOTAL $ 11.250 5 17 R7fr
SPECIAL CONDITIONS OF GRANT (Subject to the conditions contained in Attachment 1.)
* Anticipated match source only. Bare-rooted and containerized stock will be reimbursed the actual purchase cost up to $40 per tree. Balled and
burlapped trees will be reimbursed the actual purchase cost up to $125 per tree. Tree planting costs are not reimbursable, but may be used as part of the
applicant's matching portion.
Sections 18 & 19 from EAB Tree Planting Agreement Attachment 1 (IC 4028-3) do not apply. The following language replaces Sections 18 & 19:
Inasmuch as each party to this agreement is a governmental entity, each party to this agreement will provide its own legal representation and bear its own
costs, including judgments, in any litigation that may arise from performance of this agreement. Since neither the State of Michigan nor the County of
Oakland is free under the Michigan Constitution to lend its credit, therefore, neither party will hold the other harmless nor defend and indemnify the other
party from and against any damages, claims, or liabilities arising out of or related in any way to this agreement
THIS GRANT AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND REQUIREMENTS:
1. This grant is subject to the conditions contained in Attachment 1 (IC 4028-3).
2. Grant reimbursement may be made upon verification of actual expenditures and in accordance with conditions listed in Attachment I.
3. Request for payments may be made when the project has been completed, but must be received no later than 30 days after the grant period ends and in accordance
with the conditions listed in Attachment 1.
4. All publications or oral presentations concerning the grant will contain an acknowledgment of the State's participation and support and U.S. Department of
Agriculture, Forest Service participation and support. Attachment 1 provides further information,
5. The Grantee hereby assures and certifies that he/she will comply with all State and Federal laws, rules, regulations, policies, guidelines, and requirements. Also, the
applicant assures and certifies with respect to the agreement that:
It possesses legal authority to apply for the grant that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's
governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the application and to provide such additional information as may bp rentiirecl
I, the undersigned, certify that I have read, understand and agree to comply with this agreement and the conditions listed in
Attachment 1, and have authority to enter into this agreement on behalf of Grantee.
Grantee Representative's Signature Date
RETURN BOTH SIGNED COPIES OF THIS AGREEMENT TO:
EAB GRANT PROJECT
FOREST, MINERAL AND FIRE MANAGEMENT
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30452
LANSING MI 48909-7952
DNR Representative's Signature Date
DNR REPRESENTATIVE TO CONTACT RELATIVE TO
THIS GRANT AGREEMENT.
Kerry Gray
DNR-FMFM Lansing Office
TELEPHONE NUMBER: 517-241-1833
FAX NUMBER: 517-373-2443
TTY/TDD: 711 (Michigan Relay Center)
PR 4028-4 (05/04/2004)
4riVDNR MICHIGAN DEPARTMENT OF NATURAL RESOURCES - FOREST, MINERAL AND FIRE MANAGEMENT
EMERALD ASH BORER (EAB) TREE PLANTING GRANT AGREEMENT - ATTACHMENT 1
Issued under authority of Part 5 of Act 451, P.A. 1994 as amended, and the U.S. Cooperative Forestry Assistance Act of 1978, CFDA 10.664,
to provide information regarding terms arid conditions of EAB Tree Planting grants. Subject to the provisions of the law and conditions herein contained.
In this Attachment, the State of Michigan, Department of
Natural Resources, Forest, Mineral and Fire Management
Division is referred to as the Department. Acting for the State
is the Grant Officer, Arminda Koch, referred to as the State.
The Grant Supervisor is Kerry Gray.
SECTION 1. GRANT
This grant consists of the Grantee's EAB Tree Planting Grant
Application (PR 4028-1), EAB Tree Planting Grant Agreement
(PR 4028-4), EAB Tree Planting Grant Agreement Attachment
1 (IC 4028-3), and written and oral instructions from the
Supervisor.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
The State agrees to reimburse the Grantee for authorized
expenditures as listed in the EAB Tree Planting application
upon verification of actual expenditures for both the 50%
federal match portion and the 50% local match portion. This
sum is not to exceed the actual costs or grant award amount,
whichever is less.
Request for payments may be made when the project has
been completed, but must be received no later than 30 days
after the grant period ends. Full payment will be made upon
completion of the project and compliance with State reporting
and auditing requirements. Failure to meet these deadlines
may result in non-reimbursement to the Grantee.
SECTION 3. REPORTING AND AUDITING REQUIREMENTS
As well as conferring with the DNR Supervisor, the Grantee
will file a final financial and program report. The reports will be
submitted upon completion of the project. The reports shall
specify total expenditures, broken down as to the federal
portion and the Grantee's share of costs. Total expenditures
will be broken down by major budget categories. Reports will
be accompanied by documentation showing that the charges
are for allowable purposes and that the expenditure listings
are accurate and suitable for audit. In addition to the summary
documentation submitted to the Department, the Grantee will
keep complete financial records such that all charges, whether
paid from grant funds or from the Grantee's matching funds,
can be readily traced to their origins. Basic documents
required to be maintained for audit include purchase orders,
vouchers authorizing payments, time records for individual
employees' and volunteers' hours charged to this program.
The Grantee's progress report(s) will be submitted on forms
supplied by the Department. . Supplementary information
summarizing accomplishments will be included in narrative
form.
The project and related reports are subject to audit by the
Department. This may include both financial audits and site
visits.
SECTION 4. ADMINISTRATION OF GRANT, CHANGES
From time to time, changes may be needed in the scope of
the project and the grant. All changes must be approved by
the Grant Supervisor. Changes must be in writing and
approved in advance.
SECTION 5. STANDARDS OF WORK
In determining whether or not the Grantee has performed its
obligations, it is agreed and understood that the Grant Officer
shall rely on the evaluation of the Supervisor. The Grant
Officer or the Supervisor may issue written or oral instructions.
Any instructions that affect the scope of work, price, period of
performance, or any other provision of the Grant must be in
accordance with specific provisions of the Grant. The Grantee
agrees that the performance of the services under this Grant
shall be performed to high professional standards.
SECTION 6. CANCELLATION
Cancellation of the Grant by the State may be for (a) default
by the Grantee, or (b) lack of further need for the service at the
location named in the Grant. Default is defined as the failure
of the Grantee to comply with any term or condition of this
Grant. In case of default by the Grantee, the State may cancel
the Grant immediately and procure the services from other
sources. The State can make payment up to 20% of the grant
award for any reimbursable, non-cancelable expenditures that
have been completed to the satisfaction of the Grant
Supervisor and complies with other grant requirements.
In the event the State no longer needs the service specified in
the Grant due to program changes, changes in laws, rules or
regulations, relocation of offices, or lack of funding, the State
may cancel the Grant by giving the Grantee written notice of
such cancellation thirty (30) days prior to the date of
cancellation. The Grantee can request reimbursement for
reasonable non-cancelable expenditures made prior to the
date of the written notice of cancellation that have been
completed to the satisfaction of the Grant Supervisor and
complies with other grant requirements.
SECTION 7. DISPUTES
Except as otherwise provided for in this Grant, any dispute
arising under this Grant which is not disposed of by agreement
shall be decided by the Grant Officer, who shall reduce his/her
decision to writing and mail or otherwise furnish a copy to the
Grantee. The decision of the Grant Officer shall be final and
conclusive unless, within thirty (30) days from the date of
receipt of such copy, the Grantee mails or otherwise furnishes
to the Grant Officer a written appeal. Pending final decision of
disputes, the Grantee shall proceed diligently with the
performance of this Grant and in accordance with the Grant
Officer's decision.
SECTION 8. OFFICIALS NOT TO BENEFIT
No member of the Legislature of the State of Michigan or any
individual employed by the State shall be allowed any share or
part of this Grant, or to any benefit that may arise.
SECTION 9. COVENANT AGAINST CONTINGENT FEES
The Grantee warrants that he/she has not employed or
retained any company or person, other than a bona fide
employee working solely for the Grantee, to solicit or secure
this Grant, and that he/she has not paid or agreed to pay any
IC 4028-3 (05/0412004) Page 1 of 4
company or person, other than a bona fide employee
workingsolely for the Grantee, any fee, commission,
percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this
Grant. For breach or violation of this warranty, the State shall
have the right to annul this Grant without liability or, in its
discretion, to deduct from the Grant price or consideration the
full amount of such commission, percentage, brokerage or
contingent fee.
SECTION 10. INDEPENDENT CAPACITY OF GRANTEE
The parties agree that the Grantee, in the performance of this
Grant, shall act in an independent capacity and not as officer,
employee, or agent of the State and shall assure any and all
obligations from liability that may arise out of or in connection
with this grant.
SECTION 11. AssiGNABLrrY
This Grant is not assignable by the Grantee, either in whole or
in part.
SECTION 12. INSPECTION AND ACCEPTANCE
Final inspection and acceptance of all work required under this
Grant shall be performed by the Supervisor, the Grant Officer,
or such person as he/she may duly authorize in writing.
SECTION 13. GRATumEs
a. The State may, by written notice to the Grantee, terminate
the right of the Grantee to proceed under this Grant if it is
found, after notice and hearing, by the Grant Officer or
his/her duly authorized representative, that gratuities in the
form of entertainment, gifts, or otherwise were offered or
given by the Grantee, or any agent or representative of
the Grantee, to any officer or employee of the State with a
view toward securing a grant or securing favorable
treatment with respect to the awarding or amending or the
making of any determinations with respect to the
performing of such grant; provided that the existence of
the facts upon which the Grant Officer or his/her duly
authorized representative makes such findings shall be in
issue and may be reviewed in any competent court.
b. The rights and remedies of the State provided in this
paragraph shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this
Grant.
SECTION 14. DISCLOSURE OF INFORMATION,
ACKNOWLEDGMENT OF PARTICIPATION
News Releases
News releases pertaining to this grant or the services, study,
data, or project to which it relates will not be made without
prior written State approval, and then only in accordance with
the explicit written instructions from the State.
Publication
The Grantee will not use, release, or publish any analyses,
findings, results or techniques developed under this
agreement, or any information derived therefrom until such
analyses, findings, or techniques have been reported to the
State in the manner prescribed by this agreement and have
become public domain. These analyses, findings or
techniques will be considered in the public domain when:
1) they are submitted to the State and receive positive
action,
• 2) they are formally accepted by the State, or
3) ninety (90) days elapse after submission to the State,
whichever of the three may occur first.
No material may be published which is exempt from
disclosure under Public Act No. 442 of 1976 known as the
"Freedom of Information Act" without express permission from
the State. The Grantee will provide the State, for its review,
copies of all presentations of articles being submitted for
publication at least thirty (30) days in advance.
Acknowledgment of State Participation/Support and U.S,
Department of Agricuiture, Forest Service.
All publications or oral presentations concerning the analyses,
findings, results or techniques developed under this
agreement will contain an acknowledgment of the State's
participation and support, unless the State requests in writing
that their participation and support not be acknowledged.
All publications or oral presentations concerning the analyses,
findings, results or techniques developed under this
agreement will contain an acknowledgment of U.S.
Department of Agriculture, Forest Service's participation and
support. Furthermore, Grantee may not receive fees for any
article in excess of the cost of preparation of published articles
and excluding the cost of the research and compilation which
was compensated under the.Agreement.
Where appropriate, this credit line should be used for news
releases, publications, reports, and other communications:
"This (tree planting project) was supported, in part, by a
grant from the Michigan Department of Natural Resources,
Forest, Mineral and Fire Management Division and the
USDA Forest Service, State & Private Forestry Program."
Where appropriate, project signs or other information placards
should acknowledge Department and DIE Energy support.
Specific wording will be determined by the Grantee and Grant
Supervisor. -
SECTION 15. NONDISCRIMINATION
In connection with the performance of work under this Grant,
the Grantee agrees as follows:
a. In accordance with Act. No. 453, Public Acts of 1976, the
Grantee agrees not to discriminate against any employee
or applicant for employment with respect to hire, tenure,
terms, conditions, or privileges or employment, or a matter
directly or indirectly related to employment, because of
race, color, religion, national origin, age, sex, height,
•welbht, or marital status. Breach of this covenant may be
regarded as a material breach of this Grant.
b. The Grantee agrees that any and all subcontracts to this
Grant, where a portion of the work set forth in this Grant is
to be performed, shall contain a covenant the same as set
forth in paragraph a.
c. The Grantee will take affirmative action to ensure that
applicants are employed, and that employees are treated
during employment, without regard to their race, color,
religion, national origin, age, sex, height, weight, or marital
status. Such action shall include, but not be limited to, the
following: employment; upgrading; demotion or transfer,
recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training,
including apprenticeship.
IC 4028-3 (05/04/2004) Page 2 of 4
g.
d. The Grantee will, in all solicitations' or advertisements for
employees placed by or on behalf of the Grantee, state
that all qualified applicants will receive consideration for
employment without regard to their race, color, religion,
national origin, age, sex, height, weight, or marital status.
e. The Grantee will comply with all relevant published rules,
regulations, directives, and orders of the Michigan Civil
Rights Commission, which may be in effect prior to the
taking of bids for any individual State project.
f. In the event that the Michigan Civil Rights Commission
finds, after a hearing held pursuant to its rules, that a
Grantee has not complied with the contractual obligations
under this Grant, the Michigan Civil Rights Commission
may, as part of its order based upon such findings, certify
said findings to the Administrative Board of the State of
Michigan, which Administrative Board may order the
cancellation of the Grant found to have been violated,
and/or declare the Grantee ineligible for future grants with
the State of Michigan and its political and civil
subdivisions, departments, and officers, including the
governing boards of institutions in higher education, until
the Grantee complies with said order of the Michigan Civil
Rights Commission. Notice of said declaration of future
ineligibility may be given to any or all of the persons with
whom the Grantee is declared ineligible to grant as a
granting party in future grants. In any case before the
Michigan Civil Rights Commission in which cancellation of
an existing grant is a possibility, the granting agency shall
be notified of such possible remedy and shall be given the
option by the Michigan Civil Rights Commission to
participate in such proceedings.
The Grantee will comply with Act 220 of the Public Acts of
1976, the Michigan Handicappers Civil Rights Act, and
SECTION 504 of the Rehabilitation Act of 1973, P.L. 93-
112, both of which prohibit discrimination against
handicapped persons.
SECTION 16. Mice
Prices quoted by the Grantee shall be the maximum to be
charged during the Grant period; the State shall receive the
benefit of any decrease in price that may occur.
SECTION 17. TAXES
The State is exempt from Federal Excise Tax, and State or
Local Sales Tax. Bid prices shall not include such taxes.
Exemption Certificates for Federal Excise Tax will be
furnished upon request.
SECTION 18. INDEMNIFICATION
The Grantee shall indemnify and hold harmless the State, and
its agents and employees, from and against all claims,
damages, losses, and expenses, including but not limited to,
reasonable attorneys' fees arising out of, or resulting from the
contracting out of and or performance of the work,
which includes all labor, material and equipment required to
produce the commodity, construction, and/or service required
by the Grant, provided that any such claim, damage, loss, or
expense
(1) is attributable to bodily injury, sickness, disease, or death,
or to injury to or destruction of tangible property (other
than the work itself) including the loss of use resulting
therefrom, and
(2) is caused in whble or in part, by any negligent act or
omission of the Grantee, any subgrantee, anyone directly
or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of whether or
not it is caused in part by a party indemnified.
In any and all claims against the State, or any of its agents or
employees by any employee of the Grantee, any subgrantee,
anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, the
indemnification obligation under this Grant shall not be limited
in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the
Grantee or any subgrantee under worker's compensation
acts, disability benefit acts, or other employee benefits acts.
The obligations of the Grantee under this Grant shall not
extend to the liability of the State, its agents or employees
arising out of (1) the preparation or approval of maps,
drawings, opinions, reports, surveys, change orders, designs,
or specifications, or (2) the giving of, or the failure to give
directions or instructions by the State, its agents or employees.
SECTION 19. GRANTEE'S LIABILITY INSURANCE
The Grantee shall purchase and maintain such insurance as
Wilt protect him/her from claims set forth below which may
arise out of, or result from, the Grantee's operations under the
Grant, whether such operations be by himself/herself or by a
subgrantee, or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be
liable:
1. Claims under worker's compensation, disability benefit,
and other similar employee benefit act. A non-resident
Grantee shall have insurance for benefits payable under
Michigan's Worker's Compensation Law for any
employee, resident of and hired in, Michigan; and as
respects to any other employee' protected by workers
compensation laws of any other state the Grantee shall
have insurance or participate in a mandatory state fund to
cover the benefits payable to any such employee.
2. Claims for damages because of bodily injury, occupational
sickness or disease, or death of his employee.
3. Claims for damages because of bodily injury, sickness or
disease, or death of any person other than his employee,
subject to limits of liability of not less than $300,000 each
occurrence and, when applicable $300,000 annual
aggregate, for non-automobile hazards and as required by
lavvjor automobile hazards.
4. Claims for damages because of injury to or destruction of
tangible property, including loss of use resulting therefrom,
subject to a limit of liability of. not less than $50,000 each
occurrence for non-automobile hazards and as required
by law for automobile hazards.
5. Insurance for subparagraphs 3 and 4 non-automobile
hazards on a combined single limit of liability basis shall
not be less than $300,000 each occurrence and when
applicable, $300,000 annual aggregate.
The insurance shall be written for not less than any limits of
liability specified or required by law, whichever is greater, and
shall include contractual liability insurance as applicable to the
Grantee's obligations under the indemnification clause of this
Grant.
IC 4026-3 (05/04/2004) Page 3 of 4
SECTION 20, SOURCE OF FUNDS - TERMINATION
The State's payment of funds for purposes of this Grant is
subject to and conditional upon the availability of funds for
such purposes, being Federal and/or State funds. No
commitment is made by the State to continue or expand such
activities. The State may terminate this Grant immediately
upon written notice to the Grantee at any time prior to the
completion of this Grant if, in the opinion of the State, funding
becomes unavailable for this service, such funds are
restricted. In the event of termination, reimbursement of
reasonable non-cancelable expenditures in accordance with
SECTION 6 may be provided.
SECTION 21. FEES AND OTHER SOURCES OF FUNDING
The Grantee shall not seek nor obtain funding through fees or
charges to any client receiving services for which the State
reimburses the Grantee under this Grant The Grantee
guarantees that any claims made to the State under this Grant
shall not be financed by any source other than the State under
the terms of this Grant. If funding is received through any
other source, the Grantee shall delete from Grantee billings, or
shall immediately refund to the State, the total amount
representing such duplication of funding.
SECTION 22. PUBUCATION APPROVAL AND COPYRIGHT
The State and Grantee shall have co-copyright, property, and
publication rights in all written or visual material or other work
products developed in connection with this Grant The
Grantee shall not publish or distribute any printed or visual
material relating to the services provided under this Grant
without prior written permission of the State. However, it is
mutually agreed that the Grantee shall have the right to
publish and disseminate work products under this Grant,
provided that the Grantee shall recover only costs associated
with printing and mailing, and further that such publication shall
contain a reference to the State as being the holder of the
copyright to the work.
This provision applies to press releases and written and visual
materials specifically identified in this Grant and shall not
restrict the rights of the Grantee to publish in scholarly journals
or to present new, basic information in any way.
SECTION 23. RECORDS AND ACCOUNTS
The Grantee shall maintain such records and accounts,
including property, personnel, and financial records,' as are
deemed necessary by the Granting Officer to assure a proper
accounting for all project funds. Such records shall be the
property of the State and made available for audit purposes.
The Grantee shall install and maintain an accounting system
to identify and support all expenditures billed to the State
under this Grant The accounting system must record all
income and expenses for the Grantee's total program of which
services provided under this Grant are a part. The accounting
system, as a minimum, shall consist of a chart of accounts,
cash receipts journal, cash disbursements journal, and
general ledger. All expenditures and income must be
supported by vouchers and receipts that detail the reason for
the transaction.
The Grantee shall maintain, within the accounting system;
salary and fringe benefits accounts that break out positions;
hospitalization, retirement, worker's compensation, and other:
fringe benefits. The Grantee shall establish and maintain
payroll records for all employees. The Grantee, in establishing
and allocating salary and wages for employees, shall support
these charges by electing to establish either:
1. An adequate appointment and workload distribution
system, accompanied by monthly reviews showing the
actual changes in the workload distribution of each
employee (Le., an exception reporting system); or
2. A monthly after-the-fact certification system which
requires persons in supervisory positions having first-hand
knowledge of the services performed to report the
distribution of effort (i.e., a positive reporting system).
SECTION 24. REVIEW AND MONITORING REPORTS
The Grantee shall comply with all program and fiscal review
reporting procedures, as are, or may be, established by the
State in completion of monitoring and progress reports at time
intervals and on forms specified by the State. Any additional
reports as deemed necessary by the Supervisor shall be
made and submitted by the Grantee upon request.
SECTION 25. EXAMINATION AND MAINTENANCE OF RECORDS
The Grantee shall permit the State or any of its identified
agents access to the facilities being utilized at any reasonable
time to observe the operation of the program. Further, the
Grantee shall retain all books, records, or other documents
relevant to the Grant for six years after final payment, at
his/her cost, and federal auditors and any other duly
authorized by the State shall have full access to, and the right
to examine and audit, any of the material during the period. If
an audit is initiated prior to the expiration of the six year period,
and extends part that period, all documents shall be
maintained until the audit is completed. The State shall
provide findings and recommendations of audits to the
Grantee. The State shall adjust future payments or final
payment if the findings of an audit indicate over or under
payment to the Grantee in the period prior to the audit. If no
payments are due and owing the Grantee, the Grantee shall
immediately refund all amounts which may be due the State.
The Grantee shall assure, as a condition of any sale or
transfer of ownership of the Grantee agency, that the new
purchasers or owners maintain the above described books,
records, or other documents for any unexpired portion of the
six ye gf period after final payment under this Grant or the
Grantee shall otherwise maintain the records as the State may
direct. The Grantee shall, if he/she ceases business
operations, maintain the records as the State may direct.
SECTION 26. COMPLIANCE WITH STATE AND FEDERAL LAWS,
RULES, REGULATIONS
The Grantee will comply with all State and Federal laws, rules,
regulations, policies, guidelines, and requirements.
IC 4028-3 (05/04/2004) Page 4 of 4
(Before completing certification, read instructions on
page 2)
Alternative I
A The grantee certifies that it will or will continue to provide a drug-
free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to
inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free
workplace;
Any available drug counseling, rehabilitation, and
employee assistance programs; and Place of Performance (Street address, city, county, State, zip code)
(3)
Philip Goulding, Chief of Landscape Services
Name and Title of Authorized Representative
3/2 el 62
Date Signature
U.S. DEPARTMENT OF AGRICULTURE
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)
ALTERNATIVE I- FOR GRANTEES OTHER THAN INDIVIDUALS
This certification is required by the regulations implementing Sections 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690,
Title V, Subtitle ID; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, subpart F, Section 3017.600, Purpose. The January 31, 1989, regulations were
amended and published as Part II of the May 25, 1990 Federal Register (pages 21681-21691). Copies of the regulations may be obtained
by contacting the Department of Agriculture agency offering the grant.
(0 Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted
Taking appropriate personnel action against such an
employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of
1973, as amended; or
(2) Requiring such employees to participate satisfactorily in
a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or
local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through 'implementation of paragraphs (a),
(b), (c), (d), (e), and (f).
B. The grantee may insert in the space provided below the site(s)
for the performance of work done in connection with the
specific grant;
(1)
(c)
(a)
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace;
Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the
statement required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will —
(1) Abide by the terms of the statement; and
•
(2) Notify the employer in writing, of his or her conviction
for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such
conviction;
Notifying the agency in writing, within ten calendar days
after receiving notice under subparagraph (d) (2) from an
employee or other wise receiving actual notice of such
conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer
on whose grant activity the convicted employee was
working, unless the Federal agency has designated a
central point for the receipt of such notices. Notice shall
include the identification number(s) of each affected grant;
1
One Public Works Drive
Waterford, Oakland County
Michigan, 48328
Check Li if there are workplaces on file that are not
identified here.
Oakland County
Organization Name
Emerald Ash Borer (EAB) Tree Planting
Award Number or Project Name
Form AD-1049 (Rev 5/90)
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the grantee is providing the certification set out on page 1.
2. The certification set out on page 1 is a material representation of fact upon which reliance is placed when
the agency awards the grant. If it is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the agency, in
addition to any other remedies available to the Federal Government, may take action authorized under
the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification.
If known, they may be identified in the grant application. If the grantee does not identify the workplaces
at the time of application, or upon award, if there is no application, the grantee must keep the identity
of the workplace(s) on file in its office and make the information -available for Federal inspection.
Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace
requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical description may be used (e.g., all vehicles of
a mass transit authority or State highway department while in operation, State employees in each local
unemployment office, performers in concert halls or radio studios).
5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall
inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph
three).
6. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free
Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the
following defmitions from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through
1308.15);
"Conviction" means a finding of guilt (including a plea of nob o contendere) or imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the Federal
or State criminal drug statues;
"Criminal drug statute" means a Federal or non-Federal, criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
"Employee" means the employee of a grantee directly engaged in the performance of work under a
grant, including: (i) all "direct charge" employees; (ii) all "indirect charge" employees unless their
impact or involvement is insignificant to the performance of the grant; and, (iii) temporary personnel
and consultants who are directly engaged in the performance of work under the grant and who are
on the grantee's payroll. This definition does not include workers not on the payroll of the grantee
(e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors
not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces).
Form AD-1050
Grantee Representative Signature
RV
. . . .
DN MICHIGAN DEPARTMENT OF NATURAL RESOURCES - FOREST, MINERAL AND FIRE MANAGEMENT
EMERALD ASH BORER (EAB) TREE PLANTING GRANT PROGRAM
GRANTEE'S FINANCIAL REPORT
issued under authority of Part 5 of Act 451, PA. 1994, as amended, and the U.S. Cooperative Forestry Assistance Act of 1978, CFDA 1a664,
Subject to the previsions of the law and the conditions herein contained. EAR Tree Planting Grant Program grants are hereby awarded to the persons named herein,
Grant No.: 04-27
CASH CONTRIBUTIONS' 1N-KIND -
EAB Grant Funds Grantee's Match SERVICES2 TOTAL
(Federal (Local) (IN DOLLARS) 1
Personnel
Frin•es
Volunteer Valuation '
Travel
Equipment
Supplies . _
Other
Contractual Services
TOTAL
1 Cash contributions: Cash expended to complete the grant that would not otherwise be allocated in the budget. These are
funds above and beyond the existing local budget.
2 In-kind support: Dollars expended to complete the grant that are from the existing local budget.
I certify that the above information is correct.
RETURN COMPLETED REPORT(S) TO:
v
Date
EAB TREE PLANTING GRANT PROGRAM
FOREST, MINERAL AND FIREIMANAGEMENT
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30452
LANSING MI 489094952
FOR GRANT REIMBURSEMENT, THE FOLLOWING DOCUMENTS MUST BE SUBMITTED:
LI 1-2 Page Grant Narrative Summary. Summary should include project goals, methodology, actual accomplishments
and outcomes, and impact on the community and natural resources (social, environmental, economic benefits). Also
include key observations, successes and barriers or limitations to project completion.
Ci Signed EAB Tree Planting Grant Program Tree Maintenance Agreement - (PR 4028-5).
Signed EAB Tree Planting Grant Program Tree Inventory - (PR 4028-6).
El Signed EAB Tree Planting Grant Program Grantee's Financial Report - (PR 4028-7).
El EAB Tree Planting Grant Program Volunteer Time Record (if applicable) - (PR 4028-8).
1:1 Request for Taxpayer identification Number and Certification (if applicable) - (Form W-9).
1=1 Copies of invoices, vouchers, receipts that support expenditures on this project.
PR 4028-7 (05/10/2004)
itative's Signet Date Grantee Representative's Signaturg Date
C etx
RVDN MICHIGAN DEPARTMENT OF NATURAL RESOURCES - FOREST, MINERAL AND FIRE MANAGEMENT
EMERALD ASH BORER (EAB) TREE PLANTING GRANT PROGRAM TREE MAINTENANCE AGREEMENT
This information is required under authority of Part 5 of Act 451, P.A. 1994, as amended and the U.S. Cooperative Forestry
Assistance Act of 1978, CFDA 10.664 to verify information and report progress on the EAB Tree Planting Grant Program.
Grant No: 04-27
This Tree Maintenance Agreement between DNR and the Grantee certifies that customary and reasonable
tree care and maintenance will be performed for 3 years for trees planted under the terms of the EAB Tree
Planting Program. Minimum standards for care are those criteria, instructions, and examples contained in
the Forestry Handbook, Second Edition, Karl Wenger, Editor, for the Society of American Foresters,
Sections 8 and 16, 1984, John Wiley and Sons, New York, New York; Tree Maintenance Guidelines (IC-
4108-1 MDNR) and Tree Maintenance Checklist (IC-4108-1A MDNR). Tree maintenance includes, but is
not limited to, watering, fertilizing, pruning, trimming, mulching, staking, and removing and replacing dead
or dying trees.
Upon completion of the tree planting, a list of trees planted under this project must be submitted. For
each, list: month and year planted, species, diameter or height, age, planting location, estimated cost of
tree and planting, and condition (poor, fair, good, excellent). A substitute format (i.e., planting blueprint,
computerized inventory) may be used with approval of the Grant Supervisor. •
Failure to comply with this requirement may result in cancellation of the current grant and disqualification
from future grants.
I certify that, according to the above, my organization will comply with tree maintenance requirements.
171-in-1- it° e: at L
Grantee Representative Name - PLEASE PRINT
RETURN TO;
EAB TREE PLANTING GRANT PROGRAM
FOREST, MINERAL AND FIRE MANAGEMENT
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30452
LANSING MI 48909-7952
PR 4028-5 (0510412004)
SIZE
SPECIES (diameter, caliper, AGE CONDITION
height)
COST PLANTED
MO/YR LOCATION
DNV MICHIGAN DEPARTMENT OF NATURAL RESOURCES - FOREST, MINERAL AND FIRE MANAGEMENT
EMERALD ASH BORER (EAB) TREE PLANTING GRANT PROGRAM TREE INVENTORY
Issued under authority of Part 5 of Act 451, PA 1994, as amended, and the U.S. Ccoperabve Forestry Assistance Act of 1978, CFDA 10.664,
to verify information and report progress on the E49 Tree Planting Grant Program.
GRANT No.: 04-27 GFtAND TOTAL # TREES:
A substitute format (i.e., planting blueprint, computerized inventory) may be used with approval of the Grant Supervisor.
certify that the above information is correct.
RETURN/MAIL COMPLETED REPORT(S) TO: EAB TREE PLANTING GRANT PROGRAM
FOREST, MINERAL AND FIRE MANAGEMENT
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30452
LANSING MI 48909-7952
PR 4028-6 (0510412004)
- DNR USE ONLY -
DNR Representative's Signature and Title: Date:
0 Approved Disapproved
DNR MICHIGAN DEPARTMENT OF NAiLII=IAL RESOURCES - FOREST, MINERAL AND FIRE MANAGEMENT
EMERALD ASH BORER (EAB) TREE PLANTING GRANT PROGRAM VOLUNTEER TIME RECORD
Issued under authority of Pad 5 of Act 451, P.A. 1994, as amended, and the U.S. Cooperative Forestry Assistance Act of 1978, CFDA 10.654,
Subject to the provisions of the law and the conditions herein contained. EAB flee Planting Grant Thugram grants are hereby awarded to the persons named herein.
_ NAME DATE $ VALUE TOTAL
(print and Initial) ACTIVITY DESCRIPTION PERFORMED HOURS PER HOUR VALUE
- - - .
' .
i
,
1 _
-
TOTALS _ . Velification of Volunteer Time
Organization: Grant No.: Gra a Representative's Signature and Title; Date:
Oakland County 04-27 _at #116 • CH/#/4- eie 14)4 esortz. ,--I, V ti _ j7,6441/4"-,..5 .) C Ori
RETURN/MAIL COMPLETED TIME RECORD(S) TO:
EAB TREE PLANTING GRANT PROGRAM
FOREST, MINERAL AND FIRE MANAGEMENT
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30452
LANSING MI 48909-7952
PR 4028-8 (05/10/2004))
FISCAL NOTE (MISC. 10151) June 17, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - EMERALD ASH BORER TREE
PLANTING 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 Michigan Department of Natural Resources - Urban and
Community Forestry Program has awarded an Emerald Ash Borer
Tree Planting Grant in the amount of $29,120 to Oakland
County, the same amount as the application.
2. The grant will replace ash plantings that are declining or
that have succumbed to the emerald ash borer infestations
at County-owned facilities with a diverse selection of
replacement trees.
3. The grant award includes $11,250 federal funding, provided
by the USDA Forest Services, for the purchase of
approximately 90 replacement trees, and acceptance of this
federal portion will require a budget amendment.
4. Of the remaining grant award, $17,870 reflects Facilities
Management funds already included in the FY 2004 Budget.
These funds, which will cover labor, equipment and
supplies, and monies to purchase additional trees, will be
used as in-kind match to the grant.
5. The grant period begins April 1, 2004 and must be completed
by May 31, 2005.
6. No General Fund/General Purpose appropriation is required
for the grant.
7. An amendment to the Facilities Maintenance & Operations
Division's FY 2004 Budget is recommended as follows:
Revenue
14-175100-90580-0113 Grants - Federal $11,250
Expenditure
14-275100-90580-4124 Grounds Supplies 11,250
$ -0-
FINANCE COMMITTEE
C/ /q5/
FINANCE COMMITTEE
Motion carried unanimously on a roll call with Webster absent.
Resolution #04153 June 17, 2004
Moved by Palmer supported by Wilson the resolution be adopted.
AYES: Jannian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moss, Palmer, Patterson,
Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford,
Douglas, Gregory, Hatchett, (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
.11=0
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 17, 2004
with the original record thereof now remaining in my office,
In Testimony Whereof, I have hereunto set my hand and affixed ,3frie se§ifof the Com% of Oakland at
Pontiac, Michigan this 17th day of June, 2004.
G. William Caddell, County Clerk