HomeMy WebLinkAboutResolutions - 2020.09.03 - 33611MISCELLANEOUS RESOLUTION #20356 September 3, 2020
BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee
IN RE: PARKS AND RECREATION COMMISSION — APPROVAL OF 2019 MICHIGAN DEPARTMENT
OF NATURAL RESOURCES FISHERIES HABITAT GRANT PROGRAM AWARD (FH19-017)
To the Oakland County Board of Commissioners Chairperson,
Ladies and Gentlemen:
WHEREAS in November 2019, the Oakland County Parks and Recreation Commission applied to the
Michigan Department of Natural Resources (DNR) Fisheries Habitat Grant Program for funding to assist
with design and engineering costs for the removal of the Mill Pond Dam and restoration of the natural stream
channel in Springfield Township, Michigan; and
WHEREAS, Oakland County and Springfield Township have an existing agreement that governs the
management of the Mill Pond Dam, with 55% of costs paid by the Oakland County Parks and Recreation
Commission and 45% of costs paid for by Springfield Township; and
WHEREAS, in 2018 and 2019 the Oakland County Parks and Recreation Commission and Springfield
Township jointly conducted, with AECOM (infrastructure consulting firm), a Feasibility Study to determine
the next steps far the Mill Pond Dam, which does not currently meet Michigan Department of Environmental,
Great Lakes & Energy (EGLE) standards and is in need of repair, replacement or removal; and
WHEREAS, upon the completion of the Feasibility Study Springfield Township and the Oakland County
Parks and Recreation Commission agreed that removing the dam and restoring the natural stream channel
was the best option for both entities, the local community, and the environment; and
WHEREAS, the Oakland County Parks and Recreation Commission in its 5 -Year Recreation Master Plan
has an organizational goal to protect natural resources, including improving ecological communities and
preserving high-quality natural ecosystems; and
WHEREAS, the Oakland County Parks and Recreation Commission and Springfield Township have
contracted with AECOM to provide design and engineering services for the removal of the dam and the
restoration of the stream channel and adjacent uplands; and
WHEREAS, the Oakland County Parks and Recreation Commission received a Project Agreement
awarding a 2019 grant of $121,300 to fund, in part, the design and engineering services; and
WHEREAS, the match of $47,200 (for a total project cost of $168,500) has been budgeted in the Parks
Capital Improvement Program and will be paid by the Oakland County Parks and Recreation Commission
(55% - $25,960) and Springfield Township (45% - $21,240) per the agreement governing maintenance and
repairs of the Mill Pond Dam
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves and
accepts the 2019 Michigan Department of Natural Resources Fisheries Habitat Grant Program Award of
$121,300.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves and authorizes
the Chairperson or his designee to execute the grant agreement and any additional documents needed to
accept the grant
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing
resolution.
Th, 4a'C4
Commissioner ZaclLbistrict #18
Chairperson, Finance & Infrastructure Committee
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
GRANT REVIEW SIGN -OFF — Parks & Recreation
GRANT NAME: MDNR Fisheries Habitat Grant Program
FUNDING AGENCY: State of Michigan
DEPARTMENT CONTACT: Melissa Prowse/(248) 249-2801
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 08/31/2020
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign -
off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved by M & B — 8/28/2020.
The draft resolution provided was for the Parks and Recreation Commission and needs to be for the Health,
Safety and Human Services Committee. The budget amendment will need to be added/included. — Lynn Sonkiss
(08/28/20)
Human Resources:
HR Approved —No HR Implications — Lori Taylor (08/28/20)
Risk Management:
Approved by Risk Management. — Robert Erlenbeck (08/31/20)
Corporation Counsel:
Corporation Counsel has reviewed the above -referenced Grant Agreement and found no legal issues that must
be resolved before the Agreement is executed. —Jody Hall (08/31/20)
$r `NAi°"q<pu Michigan Department of Natural Resources — Fisheries Division/Grants Management
FISHERIES HABITAT GRANT PROGRAM PROJECT AGREEMENT
�o DNRGpx y^ This information is required by authority of Part 5 of Act 451, P.A 1994 as amended, to receive funds.
This Agreement is between Oakland County , in the county of Oakland
hereafter referred to as the "GRANTEE," and the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an agency of the State
of Michigan, hereinafter referred to as the "DEPARTMENT" Funds are appropriated from the Michigan Game and Fish Protection
Fund, the Michigan Game and Fish Settlement Fund, and the State of Michigan General Fund to the DEPARTMENT for the Fisheries
Habitat Grant Program (FHGP), through which the DEPARTMENT may issue grants for projects to support a variety of activities to
benefit fisheries, aquatic resources, and the public, including fish habitat conservation, dam removal and repair, and access to
recreation.
The purpose of this Agreement is to provide funding in exchange for work to be performed for the project named below. This
Agreement is subject to the terms and conditions specified herein.
Project Title: Engineering/Design for Davisburg Mill Pond Dam Removal Project #: FH19-017
Amount of grant: $121,300 72 % PROJECT TOTAL: $168,500
Amount of match, $47,200 28
Start Date Date of Execution by DEPARTMENT End Date: October 8, 2021
As a precondition to the effectiveness of the Agreement, the GRANTEE is required to sign the Agreement and return it to the
DEPARTMENT within 60 days of the date the Agreement is issued or the Agreement may be cancelled by the DEPARTMENT
This Agreement is not effective until the GRANTEE has signed it, returned it, and the DEPARTMENT has signed it. The
Agreement is considered executed when signed by the DEPARTMENT
The individuals signing below certify by their signatures that they are authorized to sign this Agreement on behalf of their agencies,
and that the parties will fulfill the terms of this Agreement, including any attached appendices, as set forth herein.
GRANTEE
SIGNED
By [Print Name]:
Title:
Organization
Date:
DUNS Number
SIGMA Vendor Number SIGMA Address ID
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
SIGNED
0
Grants Section Manager
Date of Execution by DEPARTMENT
FISHERIES HABITAT GRANT PROGRAM
PROJECT AGREEMENT
CONTACT INFORMATION
This Agreement shall be administered on behalf of the DEPARTMENT by the Grants Management Section within the
Finance and Operations Division. All notices, reports, documents, requests, actions or other communications required
between the DEPARTMENT and the GRANTEE shall be submitted to the primary contact identified below
GRANTEE CONTACT
DEPARTMENT CONTACT
Fisheries Habitat Grant Program Manager
Name/Title
Name/Title
Grants Management/DNR Finance & Operations
Organization
Organization
525 W. Allegan Street, Lansing, MI 48933
Address
Address
P.0 Box 30425, Lansing, MI 48909
Address
Address
517-284-7268
Telephone Number
Telephone Number
DNR-Grants@michigan.gov
E-mail Address
E-mail Address
The DEPARTMENT and GRANTEE may by written notice designate a different primary contact with correlating information to
which subsequent notices, reports, requests, or other communications shall be sent.
2. PROJECT SCOPE
The FHGP application # FH19-917 (APPENDIX A) is, by this reference, made part of this Agreement. This Agreement,
together with APPENDIX A, constitutes the entire Agreement between the parties.
Costs must be allowable, allocable, reasonable and consistent with the budget identified for completing the project as described
in APPENDIX A, including modifications to APPENDIX A, which must be requested and approved in writing. Only the agreed
upon project costs (including GRANTEE match) incurred during the project period are eligible for grant payment, unless
otherwise approved in writing by the DEPARTMENT.
3. PROJECT PERIOD
The project period is from the date of execution by the DEPARTMENT through the end date identified on page 1 of this
Agreement. The GRANTEE is expected to complete the project within the project period. Requests by the GRANTEE to
extend the project period must be made in writing a minimum of 30 days before the expiration of the project period. Extensions
to the project period are at the discretion of the DEPARTMENT and may be made only by an amendment to this Agreement.
4. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS
The GRANTEE must complete and submit bi-annual progress reports in accordance with the template and instructions
provided by the DEPARTMENT. This includes, but is not limited to, a narrative report and summary of expenditures on the
project proposed in Appendix A of this Agreement.
IYRAR DATE
12020 10/16
12021 4/16
12021 12/8
RRQUIREP INFORMATION
Summary of accomplishments and expenditures (Template Provided)
Summary of accomplishments and expenditures (Template Provided)
Final Report (See Final Report requirements)
Within 45 days of project completion, the GRANTEE must submit final reporting documentation including a reimbursement
request, narrative report, final completion scorecard, and copies of written materials and/or photographs of program recognition
signs in accordance with the template and instructions provided by the DEPARTMENT.
PR1949 (06000020)
FISHERIES HABITAT GRANT PROGRAM
PROJECT AGREEMENT
5. CHANGES
Any changes to this Agreement requested by GRANTEE must be made in writing to the DEPARTMENT and are subject to
DEPARTMENT approval in its sole discretion. Changes requiring an amendment to this Agreement will be executed by the
DEPARTMENT and the GRANTEE in the same manner as this Agreement.
6. THE GRANTEE WILL:
a) Abide by all applicable local, State, and federal laws, rules, ordinances, and regulations in the performance of this
grant.
b) Obtain all necessary permits before commencement of the project. This Agreement shall not be construed to obligate
the DEPARTMENT or any other agency to issue any permit required for the completion of the project. It is the sole
responsibility of the GRANTEE to determine what permits are required for the project, secure the needed permits
and remain in compliance with such permits. The GRANTEE will retain a copy of all permits in the file and make
them available to the DEPARTMENT upon request
c) Affirm to have control of the project area through fee -simple title, lease or other recorded interest in the project area,
or have written permission from the owner of the project area to complete project activities.
d) Instruct its contractors and volunteers to take steps to minimize the risk of spreading terrestrial and aquatic invasive
species during this project. Selection of project -appropriate measures should be dependent on the type of work
being conducted and the specific situation, including proper decontamination and disposal.
e) Abide by all State and federal threatened and endangered species regulations when completing project activities
f) Be solely responsible forthe operation and maintenance of the project activities that are the subject of this Agreement
and the actions of any employee or agent of the GRANTEE acting within the scope of their employment or agency.
g) Shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended, MCL 423 321
at seq.
This Agreement shall not be construed to require the DEPARTMENT to operate or maintain or to contribute to the operation
or maintenance of the project improvements and associated project activities that are the subject of this Agreement for the
course of the expected useful life
7. PURCHASING AND CONTRACTING
The GRANTEE will:
a) Submit design plans, specifications, and/or bid documents for DEPARTMENT approval prior to seeking written
quotes or bids for contracts for purchases or services with a value equal to or greater than $5,000.
b) Provide design plans to the DEPARTMENT for review and approval at the 30%, 60%, and 100% complete stages,
unless waived by the DEPARTMENT in writing.
c) Upon DEPARTMENT approval of design plans, specifications and bid documents, openly advertise and seek
written bids for contracts for purchases or services with a value equal to or greater than $50,000 and accept the
lowest qualified bid as determined by the GRANTEE.
d) Upon DEPARTMENT approval of design plans, specifications and bid documents, solicit three (3) written quotes
for contracts for purchases or services between $5,000 and $50,000 and accept the lowest qualified bid as
determined by the GRANTEE.
The DEPARTMENT reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform
any portion of the project. The GRANTEE is solely responsible for all contractual activities performed under this Agreement.
Further, the DEPARTMENT will consider the GRANTEE to be the sole point of contact regarding contractual matters,
including payment of any and all charges resulting from the anticipated grant. All subcontractors used by the GRANTEE in
performing the project shall be subject to the provisions of this Agreement and shall be qualified to perform the duties
required.
8. ASSIGNABILITY
The GRANTEE may not assign ortransfer any interest in this Agreement without prior written authorization of the DEPARTMENT
9. NON-DISCRIMINATION
a) The GRANTEE shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et
seq , the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37 1101 et seq , and all other
federal, State, and local fair employment practices and equal opportunity laws.
PR1949(OW02020)
FISHERIES HABITAT GRANT PROGRAM
PROJECT AGREEMENT
b) The GRANTEE agrees not to discriminate against an employee or applicant for employment with respect to hire,
tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of religion, race, color, national origin, age, sex, sexual orientation, height, weight, marital status, partisan
considerations, or a disability or genetic information that is unrelated to the person's ability to perform the duties of
a particular job or position. The GRANTEE further agrees that any subcontract shall contain non-discrimination
provisions which are not less stringent than this provision and binding upon any and all subcontractors. A breach of
this covenant shall be regarded as a material breach of this Agreement.
No individual shall be denied access to grant -funded facilities or activities on the basis of religion, race, color, national origin,
age, sex, sexual orientation, height, weight, marital status, partisan considerations, or disability.
10. LIABILITY
The GRANTEE hereby represents that it will defend any suit brought against either party that involves title, ownership, or
specific rights, including appurtenant riparian rights, of any lands controlled by the GRANTEE connected with or affected by
the project
The GRANTEE is responsible for all claims, demands, judgments, and expenses, including attorney fees, from any and all
loss, damage, or injury to person or property, or death arising under or in any manner related to the Agreement, the activities
authorized by the Agreement or the use and occupancy of the premises, project area or facilities.
11. CONFLICT OF INTEREST
No government employee, or member of the legislative, judicial, or executive branches, or member of the GRANTEE's Board
of Directors, its employees, partner agencies, or their families shall benefit financially from any part of this Agreement.
12. ANTI -LOBBYING
The GRANTEE shall not use any of the grant funds awarded in this Agreement for the purpose of lobbying as defined in the
State of Michigan's lobbying statute, MCL 4.415(2). "Lobbying" means communicating directly with an official of the executive
branch of State government or an official in the legislative branch of State government for the purpose of influencing legislative
or administrative action.
13. DEBARMENT AND SUSPENSION
By signing this Agreement, the GRANTEE certifies to the best of its knowledge and belief that it, its agents, and its
subcontractors:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal department or the State
b) Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, State, or local) transaction or contract under a public transaction, as defined in 45 CFR
1185; violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property.
c) Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, State, or local)
with commission of any of the offenses enumerated in subsection (2)
d) Have not within a three-year period preceding this Agreement had one or more public transactions (federal, State,
or local) terminated for cause or default.
14. IRAN SANCTIONS ACT
By signing this Agreement, the GRANTEE is certifying that it is not an Iran linked business, and that its contractors are not
Iran linked businesses, as defined in MCL 129.312.
15. AUDIT AND ACCESS TO RECORDS
The DEPARTMENT reserves the right to conduct a programmatic and financial audit of the project and may withhold payment
until the audit is satisfactorily completed. The GRANTEE must maintain all pertinent records and evidence pertaining to this
Agreement, including grant and any required matching funds, in accordance with generally accepted accounting principles and
other procedures specified by the State. The State or any of its duly authorized representatives must have access, upon
PRI949 (98292929)
FISHERIES HABITAT GRANT PROGRAM
PROJECT AGREEMENT
reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying.
The GRANTEE will provide proper facilities for such access and inspection. All records must be maintained for a minimum of
seven years after the final payment has been issued to the GRANTEE by the DEPARTMENT.
16. INSURANCE
The GRANTEE shall acquire and maintain insurance which will protect the GRANTEE from claims which may arise out of or
result from the GRANTEE'S operations under this Agreement, whether performed by the GRANTEE, a subcontractor or
anyone directly or indirectly employed by the GRANTEE, or anyone for whose acts may hold them liable. Such insurance
shall be with companies authorized to do business in the State of Michigan in such amounts and against such risks as are
ordinarily carried by similar entities, including but not limited to public liability insurance, worker's compensation insurance or
a program of self-insurance complying with the requirements of Michigan law. The GRANTEE shall provide evidence of such
insurance to the DEPARTMENT at its request.
17. OTHER SOURCES OF FUNDING
The GRANTEE agrees to notify the DEPARTMENT immediately if funding for the same or a substantially similar project is
received and to cease all activity under this Agreement until the difference in scope between projects is identified and agreed
upon by all parties.
The GRANTEE guarantees that any claims for reimbursement made to the DEPARTMENT under this Agreement must not be
financed by any source other than the DEPARTMENT under the terms of this Agreement. If funding is received through any
other source, the GRANTEE agrees to delete from GRANTEE's billings, or to immediately refund to the DEPARTMENT, the
total amount representing such duplication of funding.
18. ADVANCE AND REIMBURSEMENT
The DEPARTMENT will make payment to the GRANTEE as follows:
a) The DEPARTMENT will pay the GRANTEE a total amount not to exceed the amount on page 1 of this Agreement,
in accordance with APPENDIX A. Any cost overruns incurred to complete the project activities called for by this
Agreement shall be the sole responsibility of the GRANTEE.
b) To be eligible for payment, the GRANTEE must submit a complete payment request to the DEPARTMENT on form(s)
provided by the DEPARTMENT and have satisfied all progress reporting requirements due prior to the date of the
payment request.
c) The GRANTEE may request up to fifty percent (50%) of the approved grant amount as an advance prior to incurring
costs. The advance amount requested must be reasonable in relationship to the project's cash flow and necessary
for the success of the project. The entire advance amount must be earned and documented on a reimbursement
request before additional payments will be made to the GRANTEE.
d) The GRANTEE is required to submit documentation of all costs incurred, including the value of match and donations
made to the project. Documentation of expenditures and value of match and donations must meet written
DEPARTMENT requirements as specified in the FHGP Handbook for the year the grant was issued or the most
recent version of the FHGP handbook. The DEPARTMENT reserves the right to request additional information
necessary to substantiate payment.
e) The GRANTEE must submit a reimbursement request within six months of incurring project match or expense. The
reimbursement request must be for a specific identified time period and must contain all grant expenses, match and
donations that have occurred during that time period. Expenses not submitted within the correct time period or older
than six months may be considered ineligible for payment.
f) The GRANTEE is responsible for providing documentation of all matching funds committed to the project. If the
GRANTEE fails to meet the match obligation the DEPARTMENT may withhold or require repayment of grant funds.
g) The GRANTEE must be a registered vendor with the State of Michigan SIGMA Vendor Self Service (VSS) system
to receive payments. The registration website is: httDs://siama.michiaan.aov/webaDD/PRDVSS2Xl/AltSelfService.
All grant funds will be paid by Electronic Funds Transfer (EFT).
h) Due to the State's year-end closing procedures, an estimate of expenditures from the GRANTEE's last
reimbursement request through September 30 must be submitted to allow the State to complete its accounting for
that fiscal year. Advance notification regarding the due date for the estimate of expenditures will be sent to the
GRANTEE.
PR1949(0820(2020)
FISHERIES HABITAT GRANT PROGRAM
PROJECT AGREEMENT
i) The DEPARTMENT will hold back ten percent (10%) of the approved grant amount until review and approval of
project completion. Final payment of the remaining ten percent (10%) of the approved grant amount will be released
upon DEPARTMENT approval of the GRANTEE's Final Narrative Report, Final Completion Scorecard, Final
Reimbursement Request and satisfactory project completion as determined by the DEPARTMENT.
19. CLOSEOUT
A determination of project completion, which may include a site inspection and an audit, shall be made by the DEPARTMENT
after the GRANTEE has met any match obligations, satisfactorily completed the activities, and provided products and
deliverables described in APPENDIX A
Upon issuance of final payment from the DEPARTMENT, the GRANTEE releases the DEPARTMENT of all claims against the
DEPARTMENT arising under this Agreement. Unless otherwise provided in this Agreement or by State law, final payment
under this Agreement shall not constitute a waiver of the DEPARTMENT's claims against the GRANTEE. All records must be
maintained for a minimum of seven years after the final payment has been issued to the GRANTEE by the DEPARTMENT.
The GRANTEE shall immediately refund to the DEPARTMENT any payments in excess of the costs allowed by this
Agreement.
20. CANCELLATION
This Agreement may be cancelled by the DEPARTMENT, upon 30 days written notice, due to Executive Order, budgetary
reduction, other lack of funding, upon request by the GRANTEE, or upon mutual Agreement by the DEPARTMENT and
GRANTEE. The DEPARTMENT may honor requests for just and equitable compensation to the GRANTEE for all satisfactory
and eligible work completed under this Agreement up until 30 days after written notice, upon which time all outstanding reports
and documents are due to the DEPARTMENT and the DEPARTMENT will no longer be liable to pay the GRANTEE for any
further charges to the grant.
21. TERMINATION
Failure by the GRANTEE to comply with any of the provisions of this Agreement shall constitute a material breach of this
Agreement
Upon breach of the Agreement by the GRANTEE, the DEPARTMENT may, in addition to any other remedy provided by law
a) Terminate this Agreement; and/or
b) Withhold and/or cancel future payments to the GRANTEE on any or all current grant projects until the violation is
resolved to the satisfaction of the DEPARTMENT; and/or
c) Withhold action on all pending and future grant applications submitted by the GRANTEE under the FHGP and/or
d) Require repayment of grant funds already paid to GRANTEE; and/or
e) Require specific performance of the Agreement.
FR 1949 (08=0020)
FISHERIES HABITAT GRANT PROGRAM
PROJECT AGREEMENT
APPENDIX A
FISHERIES HABITAT GRANT APPLICATION #FH19-017
(incorporated herein by reference)
PR1949(08=029)
Resolution #20356
September 3, 2020
Moved by Gershenson seconded by Zack the resolutions on the amended Consent Agenda be adopted
(with accompanying reports being accepted).
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson,
Gingell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted
(with accompanying reports being accepted).
u,,,aL
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 September 3,
2020, 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 Circuit Court at Pontiac,
Michigan this 31d day of September, 2020.
Lisa Brown, Oakland County