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HomeMy WebLinkAboutResolutions - 2020.12.07 - 33982MISCELLANEOUS RESOLUTION _ #20655 December 7, 2020 BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human Services Committee IN RE: PARKS AND RECREATION COMMISSION — APPROVAL OF FY 2021 MICHIGAN DEPARTMENT OF NATURAL RESOURCES OFF -ROAD VEHICLE TRAIL IMPROVEMENT FUND PROGRAM AWARD (21-067) To: Health, Safety and Human Services Committee Chairperson, Ladies and Gentlemen: WHEREAS in May 2020, the Oakland County Parks and Recreation Commission (OCPRC) applied to the Michigan Department of Natural Resources (DNR) Off -Road Vehicle (ORV) Trail Improvement Fund for the development of the Dixie Ledge parking area at the Holly Oaks Off -Road Vehicle (ORV) Park; and WHEREAS the OCPRC is awarded $199,000 for the development of the parking area; and WHEREAS the grant period is October 1, 2020, through September 30, 2021; and WHEREAS the Holly Oaks ORV Park is a partnership between the Michigan Department of Natural Resources and the Oakland County Parks and Recreation Commission; and WHEREAS the Michigan DNR owns the Holly Oaks ORV Park property and Oakland County Parks and Recreation operates the park through a 20-year Operating Agreement with the DNR; and WHEREAS on -site parking has been utilized in a temporary location and configuration while more permanent parking facilities have been designed; and WHEREAS modifications will be made to the Dixie Ledge parking area to lower the grade and/or create a berm to help contain dust and sound on the property; and WHEREAS the grant amendment has completed the Grant Review Process in accordance with Miscellaneous Resolution #19006. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the 2021 Michigan Department of Natural Resources Off -Road Vehicle Trail Improvement Fund Award of $199,000. 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. BE IT FURTHER RESOLVED that the FY 2021 budget is amended as follows: Parks and Recreation (Fund# 50800) Revenues: FY2021 5060101-160000-615572 State Capital Grants $199,000 5060666-160666-665882 Planned Use of Balance ($199,000) Total Revenue $ -0- Chairperson, on behalf of the Health, Safety and Human Services Committee, I move the adoption of the foregoing resolution. Commissioner enny Luebs, District #16 Chairperson, alth, Safety and Human Services Committee HEALTH, SAFETY AND HUMAN SERVICES COMMITTEE VOTE: Motion carried on a roll call vote with Kochenderfer absent. GRANT REVIEW SIGN -OFF — Parks & Recreation GRANT NAME: 2021 ORV Trail improvement Fund -Holly Oaks ORV Park FUNDING AGENCY: Stale of Michigan DNR DEPARTMENT CONTACT: Melissa Prowse/(248) 249-2801 STATUS: Grant Acceptance (Greater than $10,000) DATE: 11 /04/20 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 The draft resolution will need to be updated to include the correct revenue account from 690189 Capital Asset Contributions to 615572 State Canital Grants as the County is receiving the dollars to do the construction. While the County operates the ORV Park under the 20 year operating agreement, the construction can be capitalized and depreciated over the useful life. The agreement states that at the expiration/termination of the operating agreement the constructed `assets' would be transferred to the State. See excerpt of the agreement below. d. Disposition of Property Upon ExpirationtTermination of Agreement. Upon expiration or termination, for arly reason, of this Agreements (9) Pe•,rmittee shall transfer ownership of all Park structures and fixtures, constructed by Permittee or its agents, to Permitter via a writter bill of sale or other type of agreement evidencing a transfer of ownership; and (2) each Party shall retain ownership of personal property, purchased by them, associated with the Park, In addition, the formal of the resolution will need to be updated to comply with BOC format requirements Finally, the budget amendment should be the last RESOLVE item of the resolution. —Lynn Sonkiss (11/03/20) Human Resources: RR Approved —No HR Implications —Lori Taylor (10/28/20) Risk Management: Approved by Risk Management. — Robert Erlenbeck (10/28/20) Corporation Counsel: Approval with slight modification by Corporation Counsel. The Narrative refers to the Operating Agreement as having a 10-year teem, however, the MR correctly refers to a 20-year term. —Lisa Kavalhuna (10/29/20) Michigan Department of Natural Resources - Parks and Recreation Division oNR� OFF -ROAD VEHICLE (ORV) TRAIL IMPROVEMENT PROGRAM GRANT APPLICATION This information is required by authority of Part 811, 1994 PA 451, as amended, to be considered for a grant Type of Application ® New ❑ Renewal Type of Projects ❑ Damage Restoration ❑ Existing Facility Maintenance [APPLICATION INFORMATION (Please print or type) Sponsor Organization/Agency Oakland County Parks and Recreation Primary Contact Person (Name and Title) Melissa Prowse, Supervisor - Planning (Address 2800 Watkins Lake Road, Waterford, MI 48328 (City, County, State, ZIP Telephone FAX (248)249-2801 ( ) Federal I D Number E-mail 3R-6004876 prowsem@oakgov.com ® ORV Facility Development APPLICATION COST SUMMARY Type of Request Dollar Amount Trail Maintenance/Grading $ 199, 000 Damage Restoration $ Special Projects/Equip. Rental $ Leases $ Liability Insurance $ Contingency $ 1,000 TOTAL GRANT REQUEST $ $200, 000 PROJEC(s) DESCRIPTION AND SCOPE (Attach additional Sheets If necessary) _ Maintenance of Existing Facilities: Location(s) must be shown on DNR ORV trail maps. Describe what type of maintenance is needed and show the estimated cost of each project item (show specific items involved in each project). DESCRIPTION OF PROJECT ITEM(S) TRAIL NAME MILES ANNUAL MAINTENANCE COST ❑ MCCT $73.00 ❑ Maint. $73.00 El Route $55.00 $ _ ❑ MCCT $73.00 ❑ Maint. $73.00 ❑ Route $55.00 $ ❑ MCCT $73.00 ❑ Maint. $73.00 El Route $55.00 $ ❑ MCCT $73.00 ❑ Maint. $73,00 ❑ Route $55.00 $ ❑ MCCT $73.00 ❑ Maint. $73.00 ❑ Route $55.00 $ TRAIL NAME MILES ❑ $131.00 ❑ $131.00 ❑ $131.00 ❑ $131.00 SPECIAL MAINTENANCE PROJECTS 1.Devolopment of the Dixie Ledge at Holly Oaks ORV Park 2. TRAIL GRADING ❑ MDOT C ❑ Contract ❑ MDOT C ❑ Contract ❑ MDOT C ❑ MDOT C ❑ Contract ❑ Contract 199, 000 3. $ 4. $ 5. $ 6. $ TOTAL MAINTENANCE COST $I 199, 0001 1 of 2 PR3601 (Rev.014012019) OFF -ROAD VEHICLE (ORV) TRAIL IMPROVEMENT PROGRAM GRANT APPLICATION (CONTINUED) Damage Restoration: Repair of ORV-damaged areas on public lands. Location(s) must be shown on project area map(s). Describe each item needed to complete the restoration and show the estimated cost of each item. Provide site plan of proposed improvements according to specifications mentioned in the instructions. DESCRIPTION OF PROJECT ITEM(S) TOTAL RESTORATION COST $ COST Project(s) Area Mao(s): Applicant must provide a map of the project area, using Michigan Department of Natural Resources (DNR) ORV trail maps for existing trail maintenance projects located on State or federal forest and county plat book maps as a base for all new trail proposals. Documentation of Site Control: The sponsor shall certify, to the DNR, that appropriate written permission has been secured for a public trail, route, or use area right-of-way In addition, the sponsor shall furnish the DNR with the following: 1. Documentary proof establishing to the DNR's satisfaction, that the sponsor possesses, for the entire term of the contract, the right to enter, occupy, use and maintain the trail, route or area which is the subject of this application. Such documentary evidence may include deeds, leases, licenses, easements or use permits. This evidence must be number coded to correspond to the project area map(s). 2. A detailed map identifying the specific location of the entire trail, route or area which is the subject of this application and the specific location of each leased section. A list of names and addresses of all landowners involved must be attached to this map. Within 60 days of receiving lease payment, the sponsor must furnish documentary proof of lease payment made to each landowner. Miles to be leased = Number of parcels = Total Cost of Leases = $ MAXIMUM PAYABLE = $300/mile or $75/acre. Rate adjustments may be considered on a case -by -case basis. Authorized Signatures (two required): At least one signatory must be an officer, employee, or designated representative of the sponsor organization Sponsor's signatures certify that appropriate written permission has been secured for a public right-of-way for the trail. Please list the first person to contact concerning the application, project agreement or day-to-day operations as the primary contact person SPONSOR SIGNATURES PRIMARY CONTACT PERSON SECONDARY CONTACT PERSON (Name (Print) (Title Name (Print) Title Melissa Prowse Sup. Planning Jon Noyes Principal Planner 2800 Watkins Lake Road City, State, ZIP Waterford, MI 48328 Telephone (8 a no to 5 p m.) FAX ( 248 ) 249-2801 E-Mail address Prowsem@oakaov.com Address 2800 Watkins Lake Road City, State, ZIP Waterford, MI 48328 Telephone (8 a m to 5 p in FAX ( 248 ) 7 60- 83 60 ( E-Mail noyesj@oakgov.com Signature Date Signature �r Pru e 4/29120 Q&r "t, Return completed application no later than Mav 1 to local DNR Rec. Specialist. After review, application will be forwarded by May 30, to: PARKS AND RECREATION DIVISION MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30257 LANSING MI 48909 Date 4/29120 2 of PR3601 (R.v OlaV2619) 2020 MDNR ORV Trail Improvement Fund COUNTY PARKSGrant Application Narrative Holly Oaks ORV Park Development Oakland County Parks and Recreation (OCPR) in partnership with the Michigan Department of Natural Resources is pleased to submit this application for the development of Holly Oaks ORV Park in Holly and Groveland Townships. This exciting partnership is in the process of designing and planning for the opening of Holly Oaks ORV Park in the fall of 2020. To date, significant planning, design, volunteer work and contracted work has been done at the site, prepping it for opening. At this time, OCPR is in need of additional funding to complete the on -site parking lot at the "Dixie Ledge." This parking lot will be the shoulder- and off-season parking, when Mt. Holly's parking lot is not available for park use (October 15 —April 15). It will also be a pass -through area to access the park from Mt. Holly's parking lot during the peak season. The Dixie Ledge will also be used for special events, corporate rentals, vehicle rental, etc., serving multiple functions for the park. Request Oakland County Parks and Recreation is requesting $200,000 to help facilitate the development of the Dixie Ledge parking lot. The funds will be used for earthwork to expand the size of the ledge, grading, stabilization, the creation of a berm for sound control, and the placement and compaction of asphalt millings for stabilization. Staff are currently working on the design of the Dixie Ledge with ROWE Professional Services. The design has been put on hold at this time as it is being funded via the DNR's 2018 ORV TIF grant. However, the 50% drawings for site development are attached. We are hopeful that once we can get back to work with our consultant again we can wrap up the design and begin preparing for construction in FY 2021 (October 1, 2020). The graphic below shows the location of the Dixie Ledge area within the park —on the far east side of the park along Dixie Highway. Documentation of Site Control Holly Oaks ORV Park is owned by the Michigan Department of Natural Resources and is operated by Oakland County Parks and Recreation via a 10-year Operating Agreement. SN0WBOARRT . k �+ The Dixie Ledge s Page 1 of 1 ti *ten, Michigan Department of Natural Resources — Parks and Recreation Division ."� OFF -ROAD VEHICLE TRAIL IMPROVEMENT FUND owR. GRANT AGREEMENT # 21-067 By authority of Part 811 of the Natural Resources and Environmental Protection Act 1994 PA 451, as amended. This Agreement is between Oakland County Parks and Recreation, Federal ID Number 38-6004876, of Oakland County (hereinafter referred to as the SPONSOR), and the Department of Natural Resources, an agency of the state of Michigan (hereinafter referred to as the DEPARTMENT). Part 811 of the Natural Resources and Environmental Protection Act (1994 PA 451, as amended) authorizes the DEPARTMENT to distribute revenues in the form of grants to public agencies and non-profit, incorporated clubs and organizations. Through the Off -road Vehicle (ORV) Trail Improvement Fund grant program, the DEPARTMENT may issue grants for trail maintenance, restoration of ORV damaged areas on public land, and for development of new ORV facilities. TERMS OF THE AGREEMENT 1. The grant period begins on October 1, 2020 and ends on September 30, 2021. This Agreement is not valid until it has been signed by both the SPONSOR and the DEPARTMENT. 2. The SPONSOR agrees to complete the scope of work listed in Attachment 1 within the grant period, or request an extension at least 45 calendar days prior to the ending date of this agreement, as referenced in item 6 of this agreement. 3. The DEPARTMENT agrees to provide funding to the SPONSOR for the scope of work listed in Attachment 1 not to exceed $199,000.00. 4. The DEPARTMENT will make payment to the SPONSOR in the form of advance payments, partial payments, or reimbursements according to procedures outlined in the current Off -Road Vehicle (ORV) Trail Improvement Fund Grant Handbook (IC3600). 5. Costs eligible for payment/reimbursement are limited to costs directly attributed to completing the scope of work listed in Attachment 1. 6. Amendments to this agreement may be made, upon request from the SPONSOR, and at the discretion of the DEPARTMENT. An amendment is required for a change in scope of work, change in the grant amount or any other terms of the agreement. The SPONSOR must make such requests in writing and no later than 45 days prior to September 30, 2021, or current Fiscal Year end. Amendments to this agreement are to be executed in the same manner as this agreement. 7. The SPONSOR agrees to complete the scope of work listed in Attachment 1 in compliance with all local, state and federal laws and regulations. The SPONSOR agrees to apply for and obtain all necessary permits prior to implementation of the scope of work listed in Attachment 1. This Agreement shall not be construed to obligate the DEPARTMENT or other agencies to issue any permits required for completion of the scope of work listed in Attachment 1. 8. The agreement, together with the following materials constitutes the entire agreement between the SPONSOR and the DEPARTMENT: The 2021 ORV Trail Improvement Fund Grant Program application; the REVISED 2021 Off -Road Vehicle (ORV) Trail Improvement Fund Grant Handbook IC3600; Off -Road Vehicle (ORV) Trail and Route Maintenance Handbook IC1991; Michigan Motorized Trail Signing Handbook (IC3602). 9. This agreement shall be administered on behalf of the DEPARTMENT through Parks and Recreation Division (PRD). All required forms and documents are to be provided to: Program Services Section, PRD, Michigan Department of Natural Resources, PO Box 30257, Lansing, MI 48909-7757, or to the assigned PRD Management Unit, as directed by the DEPARTMENT. 10. The SPONSOR's representative for this agreement is: Name: Melissa Prowse Address 2800 Watkins Lake Road City/State/Zip Waterford MI 48328- Phone: (248)249-2891 Fax: Email: orowsemfcr)oakoov.com Page 1 of 3 PR1990-4 (Rev. 06/14/2012) 11. This agreement may not be transferred to any other agency, group, or individual without prior written approval from the DEPARTMENT. 12. The SPONSOR (excluding units of government) agrees to hold harmless, defend and indemnify the State of Michigan, its departments, officers, employees and agents, from and against any and all claims, costs, losses, suits, demands, actions, liabilities, damages, causes of action or judgments, including but not limited to, alleged violations of environmental laws, that may in any manner be imposed on or incurred by the State of Michigan, its departments, officers, employees and agents, for any bodily injury, loss of life, and/or damage to property resulting from, arising out of, or in any way connected with SPONSOR'S terms of this Agreement. 13. Failure of the SPONSOR to comply with any of the provisions of this Agreement shall constitute a material breach of this Agreement. Consequently, the DEPARTMENT may do any or all of the following, in addition to seeking other remedies as allowed by law: a) Terminate this agreement; b) Withhold and/or cancel future payments to the SPONSOR under this agreement, or any other grants administered by the DEPARTMENT until the violation is resolved to the satisfaction of the DEPARTMENT; c) Withhold action on all pending and future grant applications submitted by the SPONSOR to the DEPARTMENT under the ORV Trail Improvement Fund grant program; d) Require specific performance of this agreement. The individuals signing on behalf of the parties to this agreement certify by their signatures that they have the authority to do so and will ensure that the terms of this agreement are fulfilled. Authorized Name (Printed) Signature Authorized Name (Printed) Signature SPONSOR Title (Printed) Date DEPARTMENT State Trails Coordinator Title (Printed) Date Page 2 of 3 PR1990-4 (Rev. 06/14/2012) �r State of Michigan, Department of Natural Resources Parks and Recreation Division ,a oNa,a OFF -ROAD VEHICLE TRAIL IMPROVEMENT FUND GRANT AGREEMENT ATTACHMENT ORV Trail Improvement Fund Grant Number: 21-067 Oakland County Parks and Recreation Scope of Work: Maintenance Amount Development - Development of the Dixie Ledge at Holly Oaks $199,000 ORV Park, Engineering, design, construction TOTAL: $199,000 Page 3 of 3 PR1990-4 (Rev 06/14/2012) Resolution #20655 December 7, 2020 Moved by Gingell seconded by Luebs the resolutions on the amended Consent Agenda be adopted. AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson.(21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. , I�t;�Er'� A PFOVETiiBSFFx UT!ON O4iIE_F DEPUTY COUNT f 4 �ri9A i7 ) t'a— , PURSUANT TO MCI. 5•w- 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 December 7, 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 7th day of December, 2020. Lisa Brown, Oakland County