Loading...
HomeMy WebLinkAboutResolutions - 2021.09.02 - 34862COAKLANDF"r COUNTY MICHIGAN BOARD OF COMMISSIONERS September 2, 2021 MISCELLANEOUS RESOLUTION 421-354 Sponsored By: Kristen Nelson IN RE: Grant Agreement with Michigan Department of Natural Resources Fisheries Habitat Grant Program for Mill Pond Dam Removal and Restoration Chairperson and Members of the Board: WHEREAS the Parks and Recreation Commission approved the grant with the Michigan Department of Natural Resources Fisheries Habitat Grant Program for removal of the Mill Pond Dam and restoration of the Shiawassee River in the amount of $345,000; and WHEREAS the Mill Pond Dam is located in Davisburg, Michigan and is jointly managed by Springfield Township and Oakland County Parks and Recreation; and WHEREAS the removal of the dam will improve natural habitat in Oakland County and benefit many native species; and WHEREAS the grant period is from the date of execution through October 7, 2022, and WHEREAS approval of the grant agreement will require a grant match of $22,000 from Oakland County Parks and Recreation, which is budgeted in the Parks and Recreation Capital Improvement Project SAC43218: and WHEREAS approval of the grant agreement also requires a grant match of $18,000 from Springfield Township (which has been committed) per the joint operating agreement between Oakland County Parks and Recreation and Springfield Township for the operation and maintenance of the dam (costs are shared at 55% Oakland County Parks and 45% Springfield Township); total cost of the grant program $385,000. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the grant agreement with the Michigan Department of Natural Resources Fisheries Habitat Grant Program for the Mill Pond Dam Removal and Restoration project. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson or his designee to execute the grant agreement and any other documentation required for the grant award as well as any grant amendments within fifteen percent (15%) of the original award which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the following budget amendment to recognize the $345,000 Michigan Department of Natural Resources Fisheries Habitat Grant acceptance and the $18,000 from Springfield Township for their contribution under the joint operating agreement: PARKS AND RECREATION FUND 950800 Revenues: FY2021 5060101-160000-690189 Capital Asset Contribution$363,000 $363,000 Expenses: 5060666-160666-796i00 Budgeted Equity Adjustments FY2021 $363,000 $303,000 Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. 01 � �1 Hilarie Chambers, Deputy County Executive II Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2021-09-02 Full Board VOTE TRACKING Date September 15, 2021 Date: September 17, 2021 Motioned by Commissioner Gary R. McGillivray seconded by Commissioner William Miller ITT to adopt the attached Grant: Grant Agreement with Michigan Department of Natural Resources Fisheries Habitat Grant Program for Mill Pond Dam Removal and Restoration. Yes: David Woodward, Michael Gingell, Robert Hoffman. Michael Spisr, Karen Joliat, Kristen Nelson, Christine Long. Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Marcia Gershenson, William Miller Ili, Adam L. Kochenderfer, Yolanda Smith Charles, Charles Cavell, Gary R. McGillivray, Janet Jackson, Penny Luebs (19) No: None (0) Abstain: None (0) Absent: Commissioner Kowall, The Motion Passed. ATTACHMENTS Commissioner Moss (2) PARKS - MDNR 2021 FHGP Grant Acceptance Back -Up STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 2, 2021, with the original record thereof now remaining in my office. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Thursday, September 2, 2021. Lisa Brown, Oakland County Clerk/Register of'Deeds 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: 08/03/2021 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 — 07/29/2021. Recommend that the draft resolution be updated to include `grant acceptance' in the title of the resolution. Also, the budget should be the last resolve item as well as need to update the budget amendment to include the $18,000 match from Springfield Township (unless that revenue capital contribution is already included in the existing budget). Human Resources: Approved by Human Resources. No position implications, therefore, HR action is not needed — Heather Mason (07/28/21) Risk Management: Approved by Risk Management. — Robert Erlenbeck (07/28/21) Corporation Counsel: After reviewing the above -referenced grant agreement, 1 see no legal issues that must be resolved before the agreement is executed. — Jody Hall (08/04/21) Michigan Department of Natural Resources - Fisheries Division/Grants Management DNrm FISHERIES HABITAT GRANT PROGRAM PROJECT AGREEMENT This information is required by authonty 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: Mill Pond Dam Removal and Restoration Protect #: FH2O-016 Amount of grant: $345,000 90 % PROJECT TOTAL: $385,000 Amount of match: $40,000 10 n% Start Date: Date of Execution by DEPARTMENT End Date: October 7, 2022 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 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 Name/Title Organization Address Address Telephone Number E-mail Address DEPARTMENT CONTACT Fisheries Habitat Grant Program Manager Name/Title Grants Management/DNR Finance & Operations Organization 525 W. Allegan Street, Lansing, MI 48933 Address P.O Box 30425, Lansing, MI 48909 Address F7iBI:LSlI:i 3 Telephone Number DNR-Grants@michigan.gov 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. PROJECTSCOPE The FHGP application # FH2O-016 (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 consistentwith 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 protect 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. IYEAR DATE REQUIRED INFORMATION 12021 11/12 Summary of accomplishments and expenditures (Template Provided) 12022 4/15 Summary of accomplishments and expenditures (Template Provided) 2022 12/7 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 (07/0112021) 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 for the 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 et 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 assignor transfer 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 (0710112021) 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 PR1949 (07/0112021) 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: httns://sigma.michiaan.ciov/webaoo/PRDVSS2X1/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. FR1949 (07)01)2021) 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 forjust 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. PR1949 (0710112021) FISHERIES HABITAT GRANT PROGRAM PROJECT AGREEMENT APPENDIX A FISHERIES HABITAT GRANT APPLICATION #FH2O-016 (incorporated herein by reference) PR1949(07101/2021)