HomeMy WebLinkAboutResolutions - 2022.05.12 - 35486BOARD OF COMMISSIONERS
May 12, 2022
MISCELLANEOUS RESOLUTION #22-152
Sponsored By: Michael Spisz, Marcia Gershenson
Board of Commissioners - Resolution for the Cost Participant Agreement with Local Cities, Villages and
Townships for the Allocation of the 2022 Oakland County Invasive Moth (Lymantria dispar) Program
Funding
Chairperson and Members of the Board:
WHEREAS on December 9, 2021, the Oakland County (OC) Board of Commissioners approved MR #21475
which appropriated $250,000 for the 2022 Invasive Moth (Lymantria dispar) Program; and
WHEREAS the Invasive Moth Program is a matching grant program, in partnership with Michigan State
University Extension Program (MSUE), to assist OC's cities, villages, and townships (CVTs) to suppress the
Lymantria dispar population and improve the environment of the County; and
WHEREAS the Board of Commissioners' Invasive Moth Study Group, along with the MSUE, has approved
the applications submitted by the local CVT's eligible under the 2022 Invasive Moth Program; and
WHEREAS the County's share of funds for the 2022 Invasive Moth Program is $69,110.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
the projects listed on the attached Schedule B and authorizes the release of the Invasive Moth Program funds
from the Board of Commissioners Special Projects account (#SC731822).
BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to enter into
the attached cost participation agreement(s) with the participating CVT's for the 2022 Oakland County Invasive
Moth Program, as prepared by Corporation Counsel.
BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
resolution to Oakland County Fiscal Services and the CVT's participating in the 2022 Invasive Moth Program.
BE IT FURTHER RESOLVED that a budget amendment is not required as MR #21475 authorized the
appropriation of $250,000 from the General Fund Gypsy Moth Assigned Fund Balance (GL Account #383552)
to the Board of Commissioners Special Projects account.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Michael Spisz, Marcia
Gershenson.
6Z?,�,d Date: May 12, 2022
David Woodward, Commissioner
A�jd au "`�'� Date: May 18, 2022
Hilarie Chambers, Deputy County Executive II
Date: May 18, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-05-04 Economic Development & Infrastructure - recommend to Board
2022-05-12 Full Board
VOTE TRACKING
Motioned by Commissioner Kristen Nelson seconded by Commissioner Michael Gingell to adopt the attached
Resolution: for the Cost Participant Agreement with Local Cities, Villages and Townships for the Allocation of
the 2022 Oakland County Invasive Moth (Lymantria dispar) Program Funding.
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, Gary
McGillivray, Robert Hoffman, Adam Kochenderfer (21)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
Schedule B.MothProj.4.28.22
2. FINAL. CPA.MothProj.Template4.28.22
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 May 12, 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, May 12, 2022.
Lisa Brown, Oakland County Clerk-lRegister of Deeds
Cities, Villages and
Townships
CVT Contribution
County Contribution
Total Project Cost
Project No.
Scope of Work
Addison Township
$50,000
$30,000
$80,000
202201
Aerial spray of 516.9 acres
Aerial spray & mechanical
Auburn Hills
$2,250
$2,250
$4,500
202202
treatment of 25.3 acres
Oxford Township
$30,000
$30,000
$60,000
202203
Aerial spray of 446.0 acres
Rochester Hills
$4,940
$4,940
$9,880
202204
Aerial spray of 58.8 acres
Bloomfield Township
$1,170
$1,170
$2,340
202205
Mechanical treatment of 4 acres_
Farmington Hills
$750
$750
$1,500
202206
Mechanical treatment of 20 acres
Total
$89,110
$69,110
$158,220
1047 Acres
o.AKL OAKLAND COUNTY BOARD OF COMMISSIONERS
CO U NTY M I C H I GAN
2022 OAKLAND COUNTY MOTH SUPPRESSION GRANT PROGRAM
COST PARTICIPATION AGREEMENT
Particioatin¢ Moth Suppression Communitv (the "Community"): (CVT NAME)
This Cost Participation Agreement ("Agreement") is effective as of the date it has been signed by both
Parties, County of Oakland, Michigan and (CVT NAME), as indicated on page three of this Agreement
("Effective Date").
WHEREAS the County has established the Oakland County Moth Suppression Grant Program (the
"Program") to conduct invasive moth suppression in Oakland County communities to treat and suppress
Lymantria dispar (formerly known as Gypsy Moth), as further described in the Terms and Policies of the
Program set forth in Attachment A to this Agreement (the "Program Policies"). Limited matching funds
will be distributed as reimbursement for costs expended among qualifying Oakland County Communities
with approved Program Applications for specific, targeted areas to be treated; and
WHEREAS the Community has submitted to the County a 2022 Application Form seeking funds from the
Program relating to the project identified above (the "Project") and as more fully described in such
Application and summarized in Attachment B of this Agreement and made a part hereof, and the County
has reviewed and approved the Community's -Application; and
WHEREAS the County desires to contribute funds to the Project in accordance with the terms of this
Agreement and subject to the Program Policies on a 1 to 1 match basis in an amount not to exceed the
limits set forth in this Agreement and in no instance exceeding thirty thousand dollars ($30,000.00); and
NOW THEREFORE in consideration of the mutual covenants and agreements of the parties to this
Agreement, the parties agree as follows:
1. Communitv's Representations and Warranties. The Community acknowledges and agrees to the
Program Policies and represents and warrants to the County that (i) the Project, and the
implementation thereof, is and will be consistent with the purposes of the Program, the description
of the Project set forth in the Community's Application and in Attachment B to this Agreement, and in
compliance with the Program Policies; and (ii) any funds received from the County through the
Program or otherwise related to the Project shall solely be used by the Community for the permitted
expenses for the Project and for no other purpose.
2. ReDortinR Reauirements. This is a reimbursement program. The Community shall submit a report to
the County after the completion of the Project describing in detail and with supporting documentation
as requested by the County to sufficiently evidence that the Project was completed in accordance with
the Program Policies, the Community's Application, and Attachment B to this Agreement. Said report
and documentation must be received by the County on or before June 30, 2022.
3. Authorization to Publicize. The Community hereby authorizes and permits and grants a non-exclusive,
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COST PARTICIPATION AGREEMENT
COAKLANDF--�OAKLAND COUNTY BOARD OF COMMISSIONERS
COUNTY MICHIGAN
irrevocable license to the County, without further notice and action required by the Community or the
County, to use photographs, logos, published/printed information, and any other materials submitted
in the Program Application and/or Final Report to promote or otherwise publicize the County, the
Program, the Project and/or the Community in any manner or form, including, but not limited to, in
social media, press releases, advertisements, and/or publications of any nature.
4. No Guarantv of Participation. The Community acknowledges, understands, and agrees to all of the
following: (i) the funding provided by the County through the Program is meant to supplement, and
not replace, fundingfor existing moth suppression programs or projects engaged in bythe Community;
(ii) there is no guarantee that the Program will be continued from year-to-year and the County expects
that most projects funded under the Program will be completed by the end of June 2022; and (iii)
there is no obligation on behalf of the County to either fund the Project or continue the Program in
the future.
5. Assumption of Liabilities and Resoonsibilities: Release. The Community assumes any and all
responsibilities, including, but not limited to, costs and expenses, and liabilities arising out of the
administration and implementation of the Project, and acknowledges and agrees that the County
shares no such responsibilities or liabilities in administering or implementing the Project or
maintaining the Project. The Community, on its behalf and on behalf of its employees, agents,
representatives, elected and appointed officials, and volunteers, agrees to not sue and to waive,
release, and forever discharge the County and its employees, agents, representatives, elected and
appointed officials, and volunteers from all liability, damages, injuries, claims, or demands of any
nature and for any reason ("Claims") arising from or in any way connected to the Program and/or the
Project, including, but not limited to, any matters relating to treating and suppressing Lymantria
dispar, and shall indemnify and hold the County harmless against any third -party Claims.
6. Approval of Fundine. In reliance on the representations and agreements made by the Community in
this Agreement and each document referenced herein, the County approves the funding of the Project
through the Program in the amount identified as "FY2022 MOTH SUPPRESSION Grant Program Award"
set forth on Attachment B to this Agreement, which amount shall be paid as a reimbursement to the
Community by the County upon successful completion of the Project and receipt by the County from
the Community of a report and the documentation described in Section 2 of this Agreement and the
Community's performance of any and all other obligations set forth in this Agreement or any
document referenced herein. Said report and documentation must be received by the County on or
before June 30, 2022. If a Project is not completed in accordance with the Application and as approved
by the County and/or applicable report and documentation is not received by the County on or before
June 30, 2022, to its satisfaction, the County's obligation to pay the reimbursement funds under this
Agreement is null and void. The online report and the documentation described in Section 2 shall be
received by Michigan State University Extension ("MSUE") and the County on or before June 30, 2022.
7. References to the Countv and/or the Program. All marketing materials created, or references or
acknowledgments made by the Community regarding the receipt or use of funding under the Program
for the Project shall reference the County and the Program. The Community, through its authorized
representative, shall, upon the County's request, execute a License Agreement for the use of the
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COST PARTICIPATION AGREEMENT
MOAKLANIJF-;�
C O U NTY M I C H I G AN
OAKLAND COUNTY BOARD OF COMMISSIONERS
County's or Program's name and/or any materials, logos, or items related thereto, provided, however,
the Community shall cease the use or reference to the County or the Program upon notice by the
County.
8. Counterpart and Electronic Signatures. This Agreement may be signed in counterparts which together
shall be deemed a fully executed document. Any signature to this Agreement delivered electronically
shall be deemed an original signature to this Agreement.
Application ID Number: (XXXXX)
Purchasing / Fiscal: (XXXXX)
Countv Protect Number: XXXXX
Grant Award Amount: (SXXXXXI
The parties to this Agreement have executed this Agreement as indicated below.
OAKLAND COUNTY
Signed:
Title: Chairman, Board of Commissioners
Payment Approved by:
Patti Dib, Chief of Staff- Board of Commissioners
COMMUNITY (CVT NAME)
Signed:
Title: (CVT AUTHORIZED SIGNATURE)
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COST PARTICIPATION AGREEMENT
MOAKLANDI.F OAKLAND COUNTY BOARD OF COMMISSIONERS
CO U N T Y M I C H I G AN
Attachment A
2022 OAKLAND COUNTY MOTH SUPPRESSION GRANT PROGRAM
Terms and Policies
1. STATEMENT OF PURPOSE
Recognizing a continuing need to conduct invasive moth suppression in Oakland County communities,
Oakland County Government wishes to administer a discretionary invasive moth suppression program
that will allow the County to assist Oakland County communities with the treating and suppressing
Lymantria dispar (formerly known as Gypsy Moth).
Limited matching funds will be distributed by the County as reimbursement for costs expended among
qualifying Oakland County Communities with approved Program Applications for specific, targeted areas
to be treated.
2. PROGRAM SUMMARY
The Oakland County Board of Commissioners established the 2022 Oakland County Moth Suppression
Grant Program (the "Program"), in partnership with Michigan State University Extension ("MSUE"), to
treat and suppress Lymantria dispar, formerly.known as gypsy moth, in Oakland County communities. The
Program is a matching grant program for all cities, villages, and townships within Oakland County. The
limited matching funds will be distributed as reimbursement for costs expended among qualifying
Communities with approved Oakland County Moth Suppression Program applications for specific,
targeted areas to be treated. Communities can apply forthis grant for spring 2022 treatment. "Treatment"
is described in the application and application guidelines.
Each Community seeking funds through the Program shall do all of the following: 1) attend required
training session held by MSUE, 2) submit map(s) showing proposed treatment areas, 3) submit a copy of
local elected governing (City Council, Village Council or Township Board) certified Resolution of Approval,
including person authorized to sign for Community, 4) fully complete a Moth Suppression Program
Application Form (an "Application"), and 5) if the. County approves such Application, execute a Cost
Participation Agreement as presented by the County. Submission of an Application by a Community does
not entitle Community to participate in the Program nor an award of any grant funds. Any funding under
the Program is subject to the sole discretion of the County.
Participating communities are required to provide a 1 to 1 match of their awarded grant amount. The total
amount of grants funds that County may award to Community under the Program will not exceed thirty
thousand dollars ($30,000.00). The County's matching funds will only cover the direct costs for treatment.
Grant funds shall only be utilized to supplement and enhance treatments directly related to Lymantria
dispar suppression. Administration expenses and inspection costs will not count toward match. The
treatments must occur on or after the execution date of the Cost Participation Agreement and a final
report with documentation must be received by the County on or before June 30, 2022, in order for the
Community to be reimbursed.
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COST PARTICIPATION AGREEMENT
COAKLANIJP_:�:: OAKLAND COUNTY BOARD OF COMMISSIONERS
C O U N T Y M I C H I GAN
3. PROJECT GUIDELINES
Program Funding:
Shall be utilized for direct costs to supplement and enhance treatments directly related to lymantria
dispar suppression in Oakland County communities utilizing aerial spraying or other approved mechanical
treatment methods.
Shall not be utilized for lymantria dispor suppression treatments conducted prior to 2022 within a
community.
Shall not be utilized for administration expenses and inspection costs.
Shall be utilized to reimburse Communities for treatments on or after the executive date of the Cost
Participation Agreement and submission of a final online report with documentation to be received by the
County on or before June 30, 2022, in order for the Community to be reimbursed.
If Community uses the aerial spraying method to treat approved sites, Community may select from either
Oakland County's pre -qualified vendor ortheir own selected vendor to perform the treatment. Regardless
of the vendor, County grant funds will be reimbursed to Community at the lowest per acre rate among
the vendors.
The Community will be required to contract directly with the vendor and pay all invoices in full.
Local Elected Governing Body Resolution of Approval:
Each Application shall be accompanied by a certified copy of a resolution of the Community's elected
governing body (city council, village council, township board) approving the Community's participation in
the Program (includingthe appropriation of the required funds to fund the Community's obligations under
the Program to complete the Project(s)), authorizing application for the Program, designating the person
authorized to sign on the Community's behalf, maps of the treatment areas, and certifying the
Community's commitment to complying with the Program's requirements.
4. ADMINISTRATION
Funding for Projects through the Program may be appropriated annually by the County but is not
guaranteed. Funding availability shall be determined annually through the budget process.
Program funding may be reduced or eliminated based upon the ability of the County to meet its primary
constitutional and statutory duties. The County expressly reserves the right to adjust the County matching
funds share at anytime based upon County budget needs.
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COST PARTICIPATION AGREEMENT
40AKLANIMP OAKLAND COUNTY BOARD OF COMMISSIONERS
COUNTY MICHIGAN
The amount of funds available for match shall be determined by the total amount of funds allocated by
the County added to an equal amount representingthe match provided bythe participating Communities.
MSUE shall administer the Program, including, reviewing Applications for Program funding and assist in
the approval of funding by the County.
S. DISBURSEMENT
The County shall forward an approved Program Award Summary and a Cost Participation Agreement to
each participating Community for local approval.
Minimally, each Application shall include: the Community's responsibility for administering the Project,
the Project location, purpose, scope, estimated costs, including supporting details, provisions ensuring
compliance with project guidelines, as well as disbursement eligibility requirements. The Cost
Participation Agreement shall require the maintenance and delivery of supporting documentation to
ensure compliance with the following provisions:
1. Any and all supporting documentation for Project expenditures reimbursed with appropriated
funding through the Program shall be maintained a minimum of seven years from the date of final
reimbursement for actual expenditures incurred.
2. The Oakland County Fiscal Services Division reserves the right to audit all Project expenditures
reimbursed through the Program.
The deadline for submitting the Application is April 1, 2022, at 4:00 p.m.
Upon completion by a Community of its Project, the Community shall submit a final online report and
documentation in accordance with the terms and conditions set forth in the Cost Participation Agreement.
Said report and documentation must be received by the County on or before June 30, 2022, to receive a
reimbursement payment. The Oakland County Department of Management and Budget Fiscal Services
Division shall process payments in accordance with its policies and procedures.
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COST PARTICIPATION AGREEMENT
COAKLANUF� OAKLAND COUNTY BOARD OF COMMISSIONERS
COUNTY MICHIGAN
ATTACHMENT B
2022 OAKLAND COUNTY MOTH SUPPRESSION GRANT PROGRAM
Program Award Summary
Application ID Number: XXXXX
Particinatine Communitv (the "Community"): (CVT NAME)
Proiect Descriotion: (SCOPE OF WORK)
PROJECT BUDGET
COMMUNITY PROJECT COST BREAKDOWN
COMMUNITY Contribution:
(MATCH) XXXXX
FY2022 Moth Suppression Grant Program Award: (AWARD) XXXXX
Total Program Costs (All project costs) XXXXX
TREATMENT MUST OCCUR ON OR AFTER THE EXECUTION DATE OF THE COST PARTICIPATION
AGREEMENT
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COST PARTICIPATION AGREEMENT