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HomeMy WebLinkAboutResolutions - 2022.04.14 - 35446• BOARD OF COMMISSIONERS April 14, 2022 MISCELLANEOUS RESOLUTION #22-119 Sponsored By: Kristen Nelson Parks & Recreation - Grant Acceptance with the Michigan Department of Natural Resources for the FY2022 Off -Road Vehicle Trail Improvement Fund Chairperson and Members of the Board: WHEREAS Holly Oaks ORV Park is a partnership between the Michigan Department of Natural Resources and Oakland County Parks and Recreation Commission; and WHEREAS in May 2021 Oakland County Parks and Recreation Commission (OCPRC) applied to the Michigan Department of Natural Resources (DNR) ORV Trail Improvement Fund for the continued development of the Dixie Ledge parking area at Holly Oaks Off -Road Vehicle (ORV) Park; and WHEREAS the OCPRC was awarded $199,000 for Phase II of development of Dixie Ledge at Holly Oaks ORV Park; and WHEREAS the grant period is October 1, 2021 through September 30, 2022; 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. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves and accepts the 2022 Michigan Department of Natural Resources Off -Road Vehicle Trail Improvement Fund Award of $199,000 for the period of October 1, 2021 through September 30, 2022, 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 2022 budget is amended as reflected in the attached Schedule A - Budget Amendment. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. Date: April 14, 2022 David Woodward, Commissioner Lau Date: April 22, 2022 Hilarie Chambers, Deputy County Executive II I Date: April 25, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-04-05 Legislative Affairs & Government Operations - recommend to Board 2022-04-14 Full Board VOTE TRACKING Motioned by Commissioner Gwen Markham seconded by Commissioner Penny Luebs to adopt the attached Grant Acceptance: with the Michigan Department of Natural Resources for the FY2022 Off -Road Vehicle Trail Improvement Fund. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. Schedule A - Budget Amendment 2. Grant Review Sign -Off One Page 3. Grant Agreement 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 April 14, 2022, 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 on Thursday, April 14, 2022. Lisa Brown, Oakland County Clerk/Register gfDeeds L IMPROVEMENT FUND PROGRAM AWARD (224w) gllchi9dn pD VEHICLE TRAI FV 2024 Oakland County. FY 2,023 Pmondmont �r,,OURGES OFF-RO Fy 2022 A� _ NT OF NATURAL Amandm�t TANGE F`/2022 miONIGAN DEPARTME Schedule"P"DETAIL I p�ount Title $ t95. p $ - � AnglVsis 1 0 5 GRANT AOGEP dg-t Project t# Activtiv She GSPda� Gtants 5 $ PARKS AND RECREATION" OPwabnO Fulldte Re ence Unit Pro en $ tg9 OW _$ , rt# Unit OU AIR Bud9ete6£qu" Adlustm 1£ Fund Name pHo1lY Oarcs ORV Pa1F Reav2tlon R Parus auo E Parks and R�¢aUon F Admimsl26c� Fund# Ob+IsonF r"' g15572 Epp 5p65�� M16921p Spep101 160oW 7"bWD GRANT REVIEW SIGN -OFF — Parks and Recreation GRANT NAME: Off -Road Vehicle (ORV) Trail Improvement Program FUNDING AGENCY: Michigan Department of Natural Resources (MDNR) DEPARTMENT CONTACT: Melissa Prowse/(248) 249-2801 STATUS: Grant Acceptance (Greater than $10,000) DATE: 3/11/22 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' comm ttee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved by M & B —Lynn Sonkiss 3/11/2022, The draft resolution is to be updated to reflect the budget language/amendment for the acceptance of the award. Also, the details of the accounting treatment for the project needs to be determined as it relates to the referenced OC Parks and MDNR partnership agreement. Human Resources: Approved by Human Resources. No position implications, therefore HR action not needed. — Heather Mason 3/4/22 Risk Management: Approved by Risk Management. R.E. 3/10/2022 Corporation Counsel: CC approval Heather Lewis 3/8/22. Michigan Department of Natural Resources —Parks and Recreation Division ^r9 OFF -ROAD VEHICLE TRAIL IMPROVEMENT FUND t= orrR. GRANT AGREEMENT # 22-067 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, 2021 and ends on September 30, 2022. 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, 2022, 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 2022 ORV Trail Improvement Fund Grant Program application; the REVISED 2022 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: Drowsemna oakaov.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 anyway 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) SPONSOR Title (Printed) Date DEPARTMENT State Trails Coordinator Title (Printed) Signature Date Page 2 of 3 PR1990-4 (Rev. 06/14/2012) State of Michigan, Department of Natural Resources Parks and Recreation Division w tlNK�t OFF -ROAD VEHICLE TRAIL IMPROVEMENT FUND GRANT AGREEMENT ATTACHMENT ORV Trail Improvement Fund Grant Number: 22.067 Oakland County Parks and Recreation Scope of Work: Maintenance Amount Development - Development of the Dixie Ledge at Holly Oaks $199,000 ORV Parking lot. Earthwork, grading, stabilization, berm and sound control. TOTAL: $199,000 Page 3 of 3 PR1990-4 (Rev. 06/14/2012)