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HomeMy WebLinkAboutResolutions - 2006.04.27 - 28058April 27, 2006 MISCELLANEOUS RESOLUTION #06083 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER — U.S. ENVIRONMENTAL PROTECTION AGENCY SPECIAL APPROPRIATIONS PROJECTS GRANT: $994,100 GRANT APPLICATION ACCEPTANCE AND AGREEMENT APPROVAL BY COUNTY DRAIN COMMISSIONER To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Drain Commissioner has applied for and was awarded $994,100 of U.S. Environmental Protection Agency ("USEPA") grant reimbursement; and WHEREAS, the purpose of the grant is to provide the County a proactive approach to manage Oakland County's storm water resources and to provide for the integration of numerous related efforts that are currently underway in the County or about to begin; and WHEREAS, the Drain Commissioner proposes to pursue storm water resources planning initiatives that would address Oakland County storm water issues including water quality, public health concerns, regulatory requirements, land use / development concerns, update and inventory county drain status and condition, develop a GIS based Water Resource Atlas of the County, support local sub-watershed management and planning efforts, and public education and involvement; and WHEREAS, the total grant amount requires no Oakland County matching funds; and WHEREAS, the USEPA has established grant conditions and regulations that authorize the Oakland County Drain Commissioner to act as the responsible party with respect to the grant, including those provisions described within 40 C.F.R. Part 31; and WHEREAS, the USEPA will supervise the grant conditions in order that the grant be used in accordance with the requirements of the law; and WHEREAS, acceptance of this reimbursement grant by the Drain Commissioner does not obligate the County to any future commitment; and WHEREAS, the grant agreement has been reviewed through the County Executive's Contract Review Process. NOW, THEREFORE, BE IT RESOLVED, that the Oakland County Board of Commissioners acknowledges that the Drain Commissioner has accepted the grant and has entered into an agreement with the USEPA. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried on a unanimous roll call vote with Nash, Potter and Hatchett absent ?(7 - 96599901 -O Page 1 ASSISTANCE ID NO. .sesi V-D ST44,, U.S. ENVIRONMENTAL PRG DOC ID AMEND# DATE OF AWARD \P. ...4j. i Ali b PROTECTION AGENCY Boa Za 1 TYPE OF ACTION fAAILING DATE 13, PAYMENT METHOD: ACH# - A 04 / Grant Agreement New SE I 1 .20 -IL PR Ole ASAP RECIPIENT TYPE: Send Payment Request to: County Comptroller Branch, MF-10J RECIPIENT: PAYEE: County of Oakland Michigan County of Oakland Michigan 1200 N. Telegraph Rd. 1200 N. Telegrapn Rd. Pontiac, MI 48341 Pontiac, MI 48341 EIN: 38-6004876 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST - Phillip Sanzica Barbara Cash Mirchell Phillips 1200 N. Telegraph Rd. 77 West Jackson Blvd. Assistance Section, MC-10J Pontiac, MI 48341 Chicago, L. 60604-3507 E-Mail: Phillips.Mirchell@epamail.epa.gov E-Mail: sanzicap@c,o.oakland.mi.us E-Mail: Cash Barbara©eaamail.epa.gov Phone: 312-886-5265 Phone: 248-858-1031 Phone: (312) 886-6746 PROJECT TITLE AND DESCRIPTION PROJECT - OAKLAND COUNTY - CWA SECTION 104(b)(3) The intent of this project is to provide for the integration of numerous water resources related efforts that are currently underway within the County or that are about to begin. County Drains are often the most upstream component of the larger drainage systems and the most subject to environmental pressures. The project will begin with an update of drain information, develop an electronic Water Resources Atlas coilecting data from disparate sources, coordinate modeling and monitoring efforts that are underway or planned, BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 07101/2005 - 12101/2006 07/01/2005 - 12/01/2006 $994,100.00 $994,100.00 NOTE: The Agreement must be completed in duplicate and the Ori ginal returned to the appropriate Grants Mana gement Office listed below, within 3 calendar weeks after receipt or within an y extension of time as ma y be g ranted by EPA. Receipt of a written refusal or failure to return the properl y executed document within the prescribed time, ma y result in the withdrawal of the offer b y the Agency. Any change to the Agreement b y the Recipient subsequent to the document bein g signed by the EPA Award Official, which the Award Official determines to materiall y alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United States, actin g by and through the U.S. Environmental Protection A gency (EPA), hereb y offers Assistance/Amendment to the County of Oakland Michloan for 100.00 % of all approved costs incurred up to and not exceeding $994,100 for the support of approved bud get period effort described In application (includin g all application modifications) cited In the Project Title and Description above, si gned 03110/2005 Included herein by reference. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS U.S. EPA Region 5 U.S. EPA, Region 5 Mail Code MCG10J Water Division 77 West Jackson Blvd. 77 West Jackson Blvd. Chicago, IL 60604-3507 Chicago, IL 60604-3507 .......1 ,THErilN,ITED STATES OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY SIGN -. •F AWARD • FIr4 .. / TYPED NAME AND TITLE cl) E Alf - Jo Lynn Traub, Director, Water Division / ........ greement is subject to applicable U.S. Environmental Protection A gency statutory provisions and assistance regulations. In a eptin g this award or amendment arid an y payments made pursuant thereto, (1) the undersi gned represents that he is dul y authorized to act on behalf of the recipient or ganization, and (2) the recipient a grees (a) that the award Is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this a greement (and all attachments), and (b) that acceptance of any payments constitutes an a greement by the payee that the amounts, if an y 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 I — ( ik ttlA155Pt3E01151,14ftltliftsf 7 DATE irde9 4-1 I Ob JOHN P. MC CULLOCH, OAKLAND COUNTY DRAIN COMMISSIONLI EPA Funding Information X7 - 96599901 -0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 994,100 $ 994,100 EPA In-Kind Amount $ $ S 0 , Unexpended Prior Year Balance $ $ 0 Other Federal Funds $ $ $01 Recipient Contribution $ $ 0 State Contribution $ $ $ 0' Local Contribution $ $ $ 0 Other Contribution $ $ 0 Allowable Project Cost $ 0 5994100 $ 994,100 Assistance Program (CFDA) Statutory Authority Regulatory Authority 36 436 - Surveys-Studies and Clean Water Act Sec 104(b)(3) 40 CFR PART 31 nvesligations-Grants and Cooperative Agreements-Section 104(b)(3) of the Clean Water Act Fiscal Site Name DCN FY . Approp. Budget ' PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobliaation - PWX093 0405 B 0500GFR 2011351E 41.83 . - 497,100 - PWX093 0405 8 0500GFR 202851E 41.83 - 497,000 994 10S X7 - 96599901 -0 Page 3 Budget Summary Page Table A - Object Class Category I Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $154,332 2. Fringe Benefits $115.123 3. Travel SO 4. Equipment $0 5. Supplies $9,391 6. Contractual $689,100 7. Construction 8. Other $ii 9. Total Direct Charges $947,946 10. Indirect Costs: 17.13% Base 268,455 $46,154 11. Total (Share: Recipient 0.00 % Federal 100.00 %,) $994,100- 12. Total Approved Assistance Amount $994,100 13. Program Income $0 X7 - 96599901- 0 Page 4 Administrative Conditions 1. LOBBYING AND LITIGATION In accordance with OMB Circular A-21, A-87, or A-122, as appropriate, the recipient agrees that it will not use project funds, including the Federal and non-Federal share, to engage in lobbying the Federal Government or in litigation against the United States. The recipient also agrees to provide the EPA Form 5700-53, Lobbying and Litigation Certificate as mandated by EPA's annual appropriations act. A chief executive officer of any entity receiving funds under this Act shall certify that none of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The certification roust be submitted in accordance with the instructions provided by the EPA award official and is due 90 days after the end of the project period. 2. PAYMENT METHOD - ASAP In order to comply with the Debt Collection Improvement Act of 1996, the recipient must complete and return the attached Automated Standard Application for Payments (ASAP) system (OAF Form 5-15-01) to the appropriate Treasury Department Office, 3 DEBARMENT AND SUSPENSION Recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled "Responsibilities of Participants Regarding Transactions." Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 40 CFR Part 32, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information required under 40 CFR 32.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at http://epls.arnet.gov . This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 4. INDIRECT COST RATES The recipient will not charge nor claim for reimbursement any indirect costs until a current, acceptable indirect cost rate has been negotiated with the cognizant Federal agency. The recipient must submit a copy of the Indirect Cost Rate Negotiation Agreement to the EPA Regional Acquisition and Assistance Branch within 30 days after the indirect cost rate has been accepted, in order to be eligible to claim indirect costs against this assistance agreement. 5. MBE/WBE 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: a) Accept the applicable FY 2006 "fair share" goals negotiated with EPA by the Michigan Department of Natural Resources as follows: Combined Rate: MBE 3%: WBE 5% If the recipient does not want to rely on applicable State's MBE/WBE goals, the recipient agrees to submit proposed MBENVBE goals based on availability of qualified minority and women-owned businesses to do work in relevant market for construction, services, supplies and equipment. "Fair share" objectives must be submitted to the MBE/WBE 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 FY 2006 "fair share" objective [see a) above' of Federal funds for prime contractors 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 bid documents "fair share" objectives of 2006 fair share percentage [see a) above] and require all of its contractors to include in their bid documents for subcontracts the negotiated fair share percentages. d) Follow the six affirmative steps stated in 40 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, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" to the EPA Award Official by October 30 of each year. M,BE/WBE reports must be submitted to the award official within 30 days of the end of each Federal fiscal quarter (January 30, April 30, July 30, and October 30) f) In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBE/W BEs, 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 Until the recipient has completed its fair share negotiations with EPA, it agrees to maintain state Agency's fair share objectives. Once the recipient has completed its fair share negotiations with EPA, it will apply those objectives. The recipient also agrees to include in its bid documents the applicable FY 2006 "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the applicable FY 2006 "fair share" percentages and to comply with paragraphs (c) through (e) above. 6. MULTI-YEAR GRANT An interim Financial Status Report must be submitted annually within 90 days following the end of each 12-month period. A final FSR must be submitted within 90 days after the end of the budget and project periods. All final FSRs must be submitted to the EPA Grants Specialist as identified on page one of this Assistance Agreement. 7. PROCUREMENT OF RECYCLED PRODUCTS Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. 8 RECYCLED PAPER In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition , the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Please note that Section 901 of E.O. 13101, dated September 14, 1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. 9. SMALL BUSINESS IN RURAL AREAS By accepting this agreement, the recipient agrees to comply with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988. Therefore, if the recipient awards a contract under this assistance agreement, it will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRAs): a. Placing SBRAs on solicitation lists; b. Ensuring that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements when economically feasible, into small tasks or quantities to g) permit maximum participation by SBRAs; d. Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; e. Using the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate; and f. Requiring the contractor, if it awards subcontracts, to take the affirmative steps in subparagraphs a. through e. of this condition, Programmatic Conditions 1. QUALITY ASSURANCE: In absence of an approved quality management plan (QMP), a Quality Assurance Project Plan (QAPP), complete with data quality objectives, must be submitted within 90 days of the date of this agreement. Costs associated with the environmental measurement or data collection for monitoring are not allowable costs until the QMP/QAPP is submitted, nor will costs be reimbursed until the QMP/QAPP is approved. 2. PRE -AWARD COSTS This Agency has determined, based on the information currently available, that the pre-award expenditures submitted with the application comply with the cost principles and definitions of pre-award costs under OMB Circular A-87 and are justified as allocable to the project. Hence, these costs are included as allowable expenditures under this Assistance Agreement and may be claimed for reimbursement. 3. CASH DRAWS The recipient agrees to submit supporting documentation to the EPA Project Officer for review at the same time a request is made under the ASAP payment system for electronic funds transfer. The review of this supporting documentation will not impact the timing of the electronic funds transfer, but findings of the review may require the recipient to modify a subsequent request for reimbursement to adjust for any ineligible or unallowable costs noted. 4. SEMI -ANNUAL REPORTING Semi-annual technical performance reports must be submitted within 30 days following the end of each six-month period. A final technical performance report must be submitted 90 days after the end of the budget and project periods. All technical performance reports must be submitted to the EPA Project Officer as identified on page one of this Assistance Agreement. 5. ENVIRONMENTAL RESULTS - RECIPIENT PERFORMANCE REPORTING In accordance with 40 C.F.R. §31.40, the recipient agrees to submit performance reports that include brief information on each of the following areas: 1) a comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement workplan for the period; 2) the reasons for slippage if established outputs/outcomes were not met; and 3) additional pertinent information, including, when appropriate, analysis and information of cost overruns or high unit costs. In accordance with 40 C.F.R. § 31.40 (d), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. FISCAL NOTE 106083 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DRAIN COMMISSONER - U.S. ENVIRONMENTAL PROTECTION AGENCY SPECIAL APPROPRIATIONS PROJECTS GRANT: $994,100 GRANT APPLICATION ACCEPTANCE AND AGREEMENT APPROVAL BY COUNTY DRAIN COMMISSIONER 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. This resolution acknowledges that Oakland County's Drain Commissioner has accepted a grant and entered into an agreement with the U.S. Environmental Protection Agency to integrate numerous planning and inventory tasks to provide improved management of County's storm water resources. 2. In order to be proactive in Oakland County's water resources, the Drain Commissioner will develop storm water resource related activities to address storm water issues including water quality, public health concerns, regulatory requirements, land development concerns, inventory county drain conditions, support watershed planning efforts, and provide involvement in public education. 3. The Oakland County Drain Commissioner has applied for and been awarded $994,100 of U.S. Environmental Protection Agency grant money that requires no Oakland County matching funds. 4. The USEPA has established regulations for Oakland County to follow as the responsible party with respect to the acceptance of the grant including those provisions described within 40 C.F.R. Part 31. 5. There will be no additional County personnel required and all grant funds will go towards the task of improving the storm water resources. 6. The following budget amendment is recommended for Fiscal Years 2006 and 2007. April 27, 2006 USEPA Water Resources Inventory (Fund 429470) Revenue 6010301-155020-610313 Grants Federal FY 2006 FY 2007 $497,051 $497,049 Total Revenue $497,051 $497,049 Expense 6010301-155020-702010 6010301-155020-722740 6010301-155020-750294 6010301-155020-730373 6010301-155020-730926 Salaries Fringes Materials and Supplies Contracted Services Indirect Cost Total Expenses $ 77,166 $ 77,166 $ 57,562 $ 57,561 $ 4,696 $ 4,695 $334,550 $334,550 $ 23,077 $ 23,077 $497,051 $497,049 0 $ 0 FINANCE COMMITTEE FINANCE COMMITTEE COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. Rutritii7on, County Clerk Resolution #06083 April 27, 2006 Moved by Moss supported by Long the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE DE REM RESOLUMN STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 April 27, 2006, 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 27th day of April, 2006.