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HomeMy WebLinkAboutResolutions - 2023.05.25 - 38238 AGENDA ITEM: 2023 Invasive Moth Suppression Program - Approval of Cost Participant Agreements and Allocation of Funds DEPARTMENT: Board of Commissioners MEETING: Board of Commissioners DATE: Thursday, May 25, 2023 7:28 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2967 _ 23-88 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Resolution Michael Spisz, Marcia Gershenson INTRODUCTION AND BACKGROUND A continuation of the Invasive Moth Suppression Program for 2023 to the CVTs in Oakland County. POLICY ANALYSIS This is a request for the Board to approve the projects of the participating Oakland County (OC) cities, villages, and townships (CVT – see Schedule B) in the 2023 Invasive Moth Suppression Program (Program) and to authorize the release of the Program funds from the Board of Commissioners Special Projects account (#SC731822). On December of 2021, the Oakland County (OC) Board of Commissioners approved MR #21475 that appropriated $250,000 for the 2022 Invasive Moth (Lymantria dispar) Program and MR #2022-2272_22-397 that appropriated $156,165.14 (the remaining funds) for the 2023 Invasive Spongy Moth Suppression Program (Program). The Program is a matching grant program for CVTs, in partnership with Michigan State University Extension Program (MSUE), to suppress the Lymantria dispar population and improve the environment of the County. The County’s share for the 2023 Invasive Moth Suppression Program funding is $24,704.77. On approval of the Board, the Chairman is authorized to enter into the cost participation agreement with the participating CVT’s for the 2023 Program, as prepared by Corporation Counsel. A budget amendment is not required as MR #21475 authorized the appropriation of $250,000 from the Assigned Fund Balance to the Board of Commissioners Special Projects account. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Yolanda Smith Charles, Commissioner ITEM REVIEW TRACKING Yolanda Smith Charles, Board of Commissioners Created/Initiated - 5/25/2023 David Woodward, Board of Commissioners Approved - 5/25/2023 Hilarie Chambers, Executive's Office Approved - 5/30/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 5/30/2023 AGENDA DEADLINE: 06/04/2023 7:28 PM ATTACHMENTS 1. Schedule B proj list2023.4.26.23 2. z.2023CPA.TEMPLATE.MP23.3.21.23 COMMITTEE TRACKING 2023-05-15 Economic Development & Infrastructure - Recommend to Board 2023-05-25 Full Board - Adopted Motioned by: Commissioner Yolanda Smith Charles Seconded by: Commissioner Christine Long Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (15) No: None (0) Abstain: None (0) Absent: Charles Cavell, Gary McGillivray, Janet Jackson, Michael Gingell (4) Passed May 25, 2023 RESOLUTION #2023-2967 _ 23-88 Sponsored By: Michael Spisz, Marcia Gershenson Board of Commissioners - 2023 Invasive Moth Suppression Program - Approval of Cost Participant Agreements and Allocation of Funds Chair and Members of the Board: WHEREAS in December of 2021, the Oakland County (OC) Board of Commissioners approved MR #21475 that appropriated $250,000 for the 2022 Invasive Moth (Lymantria dispar) Program and MR #2022-2272_22-397 appropriated $156,165.14, the remaining funds, for the 2023 Invasive Spongy Moth Suppression Program (Program); and WHEREAS the 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 approved the applications submitted by the local CVT’s eligible under the 2023 Program; and WHEREAS the County’s authorized share for the 2023 Invasive Moth Program is $24,704.77. 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 funds from the Board of Commissioners Special Projects account (#SC731822). BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chair to execute the attached cost participation agreement(s) with the participating CVT’s for the 2023 Oakland County Invasive Spongy Moth Suppression 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 2023 Invasive Spongy Moth Suppression Program. BE IT FURTHER RESOLVED that a budget amendment is not required. Chair, the following Commissioners are sponsoring the foregoing Resolution: Michael Spisz, Marcia Gershenson. Date: May 25, 2023 David Woodward, Commissioner Date: May 30, 2023 Hilarie Chambers, Deputy County Executive II Date: May 30, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-05-15 Economic Development & Infrastructure - Recommend to Board 2023-05-25 Full Board - Adopted Motioned by Commissioner Yolanda Smith Charles seconded by Commissioner Christine Long to adopt the attached Resolution: 2023 Invasive Moth Suppression Program - Approval of Cost Participant Agreements and Allocation of Funds. Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (15) No: None (0) Abstain: None (0) Absent: Charles Cavell, Gary McGillivray, Janet Jackson, Michael Gingell (4) Passed ATTACHMENTS 1. Schedule B proj list2023.4.26.23 2. z.2023CPA.TEMPLATE.MP23.3.21.23 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 May 25, 2023, 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 25, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds 2023 Moth Program 4.26.23 SCHEDULE B CVT CVT Contribution County Contribution Total Project Cost Project No.Scope of Work Oxford Township $329 $329 $658 23002 Egg Mass Survey Fieldwork - Vendor Rochester Hills $986.87 $986.86 $1,973.73 23003 Egg Mass Survey Fieldwork - Staff Hazel Park $3,807.40 $3,807.39 $7,614.79 23004 Egg Mass Survey Fieldwork – Staff; Mechanical-Ground Spray - Vendor Bloomfield Township $9,952.50 $9,952.50 $19,905 23005 Egg Mass Survey Fieldwork - Vendor City of Rochester $6,179.25 $6,179.25 $12,358.50 23006 Egg Mass Survey Fieldwork - Vendor City of Farmington $1,355 $1,355 $2,710 23007 *Tree Defoliation Survey mid- summer - Vendor Auburn Hills $163.07 $163.06 $326.13 23008 Egg Mass Survey Fieldwork – Staff Farmington Hills $1,931.72 $1,931.71 $3,863.43 23009 MSUE Training for Egg Mass Survey Fieldwork – Staff; Mechanical -Ground Spray - Vendor Total $24,704.81 $24,704.77 $49,409.58 *Approved by BOC Spongy Moth Committee. OAKLAND COUNTY BOARD OF COMMISSIONERS Page 1 of 8 COST PARTICIPATION AGREEMENT OAKLAND COUNTY FY2023 INVASIVE SPONGY MOTH SUPPRESSION GRANT PROGRAM COST PARTICIPATION AGREEMENT Participating Moth Suppression Community (the “Community”): CVT, MI This Cost Participation Agreement (“Agreement”) is effective as of the date it has been signed by both Parties, County of Oakland, Michigan, and CVT, Michigan, as indicated on page three of this Agreement (“Effective Date”). WHEREAS the County has established the Oakland County FY2023 Invasive Spongy Moth Suppression Grant Program (the “Program”) to conduct spongy 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 2023 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.Community’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.Reporting Requirements. 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, 2023. 3.Authorization to Publicize. The Community hereby authorizes and permits and grants a non-exclusive, OAKLAND COUNTY BOARD OF COMMISSIONERS Page 2 of 8 COST PARTICIPATION AGREEMENT 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 Guaranty 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, funding for existing moth suppression programs or projects engaged in by the 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 2023; 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 Responsibilities; 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 Funding. 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 “FY2023 INVASIVE SPONGY 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, 2023. 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, 2023, 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 the County on or before June 30, 2023. 7.References to the County 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 OAKLAND COUNTY BOARD OF COMMISSIONERS Page 3 of 8 COST PARTICIPATION AGREEMENT 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: MG Purchasing / Fiscal: FND10100-CCN5010101-PRG174020-SC731822 County Project Number: PN Reimbursement Award Amount: $ 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 Signed: Title: OAKLAND COUNTY BOARD OF COMMISSIONERS Page 4 of 8 COST PARTICIPATION AGREEMENT Attachment A OAKLAND COUNTY FY2023 INVASIVE SPONGY MOTH SUPPRESSION GRANT PROGRAM Program Policies 1.STATEMENT OF PURPOSE 1.1. Recognizing a continuing need to conduct invasive moth suppression in Oakland County communities, Oakland County Government wishes to administer a discretionary spongy moth suppression program that will allow the County to assist Oakland County communities with the identification, treatment and suppression of spongy moth (Lymantria dispar), formerly known as Gypsy Moth. 1.2. Limited matching funds will be distributed on a first come first serve basis by the County as reimbursement for costs expended among qualifying Oakland County Communities with approved Program Applications. 2.PROGRAM SUMMARY 2.1. The Oakland County Board of Commissioners established the Oakland County FY2023 Invasive Spongy Moth Suppression Grant Program (the “Program”), in partnership with Michigan State University Extension (“MSUE”), to identify, treat and suppress spongy moth (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 FY2023 Invasive Spongy Moth Suppression Program applications. Communities can apply for this grant for egg mass survey field work “Survey” and spring 2023 treatment. 2.2. Each Community seeking funds through the Program shall do all of the following: 1) attend required training session held by MSUE or contract with a professional survey vendor, 2) submit map(s) showing proposed treatment areas, 3) submit a copy of local elected governing body (City Council, Village Council or Township Board) certified Resolution of Approval, including the person authorized to sign for the Community, 4) fully complete a FY2023 Invasive Spongy 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 the 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. 2.3. Participating communities are required to provide a 1 to 1 match of their awarded grant amount. The total amount of grant funds that the County may award to the Community under the Program shall not exceed thirty thousand dollars ($30,000.00). The County’s matching funds will only cover the direct costs for: 1a) a contracted professional survey vendor in an amount not to exceed ten thousand dollars ($10,000); OR 1b) for staff time to attend required MSUE training and to conduct OAKLAND COUNTY BOARD OF COMMISSIONERS Page 5 of 8 COST PARTICIPATION AGREEMENT field survey work in an amount not to exceed two thousand five hundred dollars ($2,500); and 2) treatment directly related to spongy moth suppression. 2.4. The Community shall be reimbursed for the cost of survey work contingent on 1) completing treatment using approved methods OR 2) it has been determined by a professional survey vendor or MSUE that infestation does not warrant treatment. 2.5. The Community’s administration expenses will not be matched by County grant funds. The Cost Participation Agreement must be fully executed and a final report with documentation must be received by the County on or before June 30, 2023, in order for the Community to be reimbursed. 3.PROJECT GUIDELINES 3.1. Program Funding: 3.1.1. Shall be utilized for direct costs for a professional survey vendor or for community staff and/or volunteer time to attend required MSUE training, to conduct field egg mass survey work, and to supplement and enhance treatments directly related to spongy moth suppression in Oakland County communities utilizing aerial spraying or other approved mechanical treatment methods. 3.1.2. Shall not be utilized for spongy moth suppression treatments conducted prior to 2023. 3.1.3. Participating communities are required to provide a 1 to 1 match of their awarded grant amount. 3.1.4. County funds cannot exceed $30,000 per community. 3.1.5. Shall not be utilized for administration expenses. 3.1.6. Shall be utilized to reimburse Communities for egg mass survey field work and/or treatments identified in an executed Cost Participation Agreement. 3.2. Survey: 3.2.1. If the Community contracts with a professional survey vendor to perform egg mass survey field work, then the following conditions apply: 3.2.1.1. The Community may select from either the County’s pre-qualified vendor or their own selected vendor. 3.2.1.2. If the Community contracts with their own selected vendor, a professional certification is required (i.e., ISA-Certified Arborist or Professional Forester). 3.2.1.3. Surveys are to include spongy moth egg mass count, analysis, treatment recommendations, treatment area mapping (if applicable), and a final survey assessment document. 3.2.1.4. The Community will be required to contract directly with the professional survey vendor and pay all invoices in full. 3.2.1.5. Maps of all areas designated for treatment (both mechanical and aerial spray methods) shall be provided to the County on or before February 17, 2023. 3.2.1.6. County’s matching funds shall not exceed ten thousand dollars ($10,000) for Egg Mass Survey Field Work. OAKLAND COUNTY BOARD OF COMMISSIONERS Page 6 of 8 COST PARTICIPATION AGREEMENT 3.2.2. If the Community uses designated staff and/or volunteers to perform egg mass survey field work, then the following conditions apply: 3.2.2.1. Designated staff and/or volunteers are required to attend a training session held by MSUE. 3.2.2.2. Designated staff and/or volunteers conduct egg mass survey field work and prepare treatment area maps. 3.2.2.3. Surveys are to include spongy moth egg mass counts. 3.2.2.4. Maps of all areas designated for treatment (both mechanical and aerial spray methods) shall be provided to the County on or before February 17, 2023. 3.2.2.5. County’s matching funds shall not exceed two thousand five hundred dollars ($2,500) for Designated staff and/or volunteers to conduct Egg Mass Survey Field Work. 3.2.3. The Community shall be reimbursed for the cost of Egg Mass Survey Field Work contingent upon: 3.2.3.1. Completion of treatment using approved methods; Or 3.2.3.2. It has been determined by a professional survey vendor or MSUE that treatment is not warranted. 3.3. Treatment: 3.3.1. Treatment must occur on or after the execution date of the cost participation agreement. 3.3.2. If the Community uses the aerial spraying method to treat approved sites, the Community may select from either Oakland County’s pre-qualified vendor or their own selected vendor to perform the treatment. 3.3.3. Regardless of the vendor, County grant funds will be reimbursed to Community at the lowest per acre rate among the vendors and the Community will be required to contract directly with the treatment vendor of their choice and pay all invoices in full. 3.3.4. If the Community uses approved mechanical treatment methods, then the County’s matching funds will only cover costs for the purchase of materials for sticky bands, burlap tree bands, ground spraying, egg mass scraping. 3.3.5. Local Elected Governing Body Resolution of Approval: 3.3.5.1. 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 (including the 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, and certifying the Community’s commitment to complying with the Program’s OAKLAND COUNTY BOARD OF COMMISSIONERS Page 7 of 8 COST PARTICIPATION AGREEMENT requirements. 4.ADMINISTRATION 4.1. 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. 4.2. 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 any time based upon County budget needs. 4.3. 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 representing the match provided by the participating Communities. 4.4. The County shall administer the Program in partnership with MSUE. 5.DISBURSEMENT 5.1. The County shall forward an approved Program Award Summary and a Cost Participation Agreement to each participating Community for local approval. 5.2. 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: 5.2.1. 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. 5.2.2. The Oakland County Fiscal Services Division reserves the right to audit all Project expenditures reimbursed through the Program. 5.3. The deadline for submitting the Application is November 4, 2022, at 4:00 p.m. 5.4. Upon completion by the 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, 2023, 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. OAKLAND COUNTY BOARD OF COMMISSIONERS Page 8 of 8 COST PARTICIPATION AGREEMENT ATTACHMENT B OAKLAND COUNTY FY2023 INVASIVE SPONGY MOTH SUPPRESSION GRANT PROGRAM Program Award Summary Application ID Number: MG Participating Community (the “Community”): CVT MI Project Description: PROJECT BUDGET COMMUNITY PROJECT COST BREAKDOWN COMMUNITY General Funds or Local Restricted Funds: (ACTUAL COST) $-0- COMMUNITY Force Account Labor: (ACTUAL COST) $ COMMUNITY Volunteer Labor: (ACTUAL COST) $-0- Egg Mass Survey (Vendor): (ACTUAL COST) $-0- Treatment: (ACTUAL COST) $-0- TOTAL FY2023 Invasive Spongy Moth Suppression Reimbursement Program: (AWARD) $ TOTAL Community Match: (MATCH)* $ Total Program Costs (All project costs): (TOTAL) $ TREATMENT MUST OCCUR ON OR AFTER THE EXECUTION DATE OF THE COST PARTICIPATION AGREEMENT *Total Community Match shall equal or exceed award amount.