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HomeMy WebLinkAboutAgendas/Packets - 2024.11.06 - 41598Call Meeting to Order Roll Call Pledge of Allegiance Approval of Agenda Public Comment PRESENTATIONS/RECOGNITIONS:ACTION PRESENTER(S) A Staff Introduction - Lt. Dennis Servis Informational Jim Dunleavy / 343-6224 COMMUNICATIONS/REPORTS:ACTION PRESENTER(S) B Waterpark & Wave Pool Season Summary Informational Erik Koppin / 909-7702 C FY2024 Year-End Financial Report Informational Kevin Syoen / 909-8764 REGULAR AGENDA:ACTION PRESENTER(S) 1 White Lake Golf Course - Culvert Daylighting Project Approval Zachary Crane / 240-1079 2 Deer Management Firearm Control Approval & Fwd to BOC Sarah Cook-Maylen / 343-1353 3 Ducks Unlimited Wetland Conservation Funding Grant Agreement Approval & Fwd to BOC Sarah Cook-Maylen / 343-1353 4 Mobile Planetarium Purchase Approval Sarah Cook-Maylen / 343-1353 5 FY2025 Michigan DNR ORV Trail Improvement Fund Grant Acceptance Approval & Fwd to BOC Donna Folland / 736-9087 6 Waterford Oaks Wave Pool Operations Approval Chris Ward / 858-4944 7 Financial Framework for Millage Plan Implementation (FY2025) Approval Chris Ward / 858-4944 8 2025 Parks Commission Calendar Approval Jami Monte / 858-4603 9 Annual Vehicle Permits / Daily Park Entry Fees Approval Chris Ward / 858-4944 UNFINISHED BUSINESS:ACTION PRESENTER(S) NEW & MISCELLANEOUS BUSINESS:ACTION PRESENTER(S) 9 10 Director's Report Informational Chris Ward / 858-4944 10 11 Executive Committee Update Informational Ebony Bagley / 497-7991 ANNOUNCEMENTS View Recorded Meetings Here: https://www.youtube.com/playlist?list=PLKv6lUWH4IJEASENpEwjhoPSueR6nFVXp Approval of Minutes - October 2, 2024 OAKLAND COUNTY PARKS AND RECREATION COMMISSION Ebony Bagley, Chair Wednesday, November 6, 2024 @ 2:00 pm Parks Commission Room - 2800 Watkins Lake Rd, Waterford, MI 48328 Regular Monthly Meeting Agenda View Agenda Packets/Minutes Here: https://www.oakgov.com/community/oakland-county-parks/get-involved/parks- commission Public Access Information If you require special accommodations because of a disability, please contact the Parks & Recreation Department at (248) 858-0906, Ext. 9, at least three (3) business days in advance of the meeting. ADJOURNMENT TO: December 4, 2024 at 2:00 p.m. or to the Call of the Chair October 2, 2024 Chair Bagley called the meeting of the Oakland County Parks and Recreation Commission to order at 2:08 p.m. in the Parks Commission Room. COMMISSION MEMBERS PRESENT: Ebony Bagley, J. David VanderVeen, Andrea LaFontaine, Lola Banks, Ann Erickson Gault, Christine Long, Jim Nash, Nancy Quarles, Yolanda Smith Charles, Shanell Weatherspoon COMMISSION MEMBERS ABSENT WITH NOTICE: None OTHERS PRESENT: PARKS AND RECREATION Chris Ward, Director Jim Dunleavy, Manager-Operations Melissa Prowse, Manager-Planning & Development Aaron Stepp, Manager-Internal Services Zach Crane, Supervisor-Parks Engineering & Development Sarah Cook-Maylen, Chief-Natural Resources & Sustainability Tom Hughes, Chief-Park Operations & Maint. – North District Donna Folland, Chief-Planning Erik Koppin, Chief-Park Operations & Maint. – South District Bill Singleton, Chief-Business Operations Desiree Stanfield, Chief-Marketing & Communications Zach Zuchowicz, DEI & Community Engagement Coordinator Liz Caltagirone, Parks Data Analyst Jami Monte, Staff Assistant Shannon Kenny, Technical Office Specialist FISCAL SERVICES Kevin Syoen, P&R Fiscal Coordinator SHERIFF’S OFFICE Brent Miles, Lieutenant – Rochester Hills Substation PUBLIC Jennifer Gorski Leslie Schneider Lance Stokes, Former Parks Commissioner APPROVAL OF AGENDA Long moved to approve the agenda, as presented. Seconded by VanderVeen. Motion carried on a voice vote with LaFontaine, Erickson Gault, Nash and Weatherspoon absent. APPROVAL OF MINUTES Quarles moved to approve the minutes of September 4, 2024, as presented. Seconded by VanderVeen. Motion carried on a voice vote with LaFontaine, Erickson Gault, Nash and Weatherspoon absent. OAKLAND COUNTY PARKS AND RECREATION COMMISSION 2800 WATKINS LAKE ROAD, WATERFORD, MICHIGAN 48328 Telephone: (248) 858-0906 REGULAR MEETING Ebony Bagley, Chair J. David VanderVeen Vice Chair Andrea LaFontaine Secretary Lola Banks Ann Erickson Gault Christine Long Jim Nash Nancy Quarles Yolanda Smith Charles Shanell Weatherspoon RETURN TO AGENDA October 2, 2024 Page 2 PUBLIC COMMENT None. PRESENTATIONS/RECOGNITIONS A. Service Award – Lance Stokes Chair Bagley recognized and thanked Lance Stokes for his years of service on the Parks and Recreation Commission. B. Service Award – Lt. Brent Miles Chair Bagley recognized and thanked Lt. Brent Miles for his years of service to the Parks and Recreation Commission. COMMUNICATIONS/REPORTS C. Monthly Financial Report Mr. Syoen provided an update on the Parks fund balance. D. Community Grant Program Update Ms. Folland provided an update on the Community Grant Program. E. Healthy Communities Projects Update & Phasing Ms. Prowse provided an update on the Healthy Communities Projects and phasing. F. Clinton River Trail Maintenance Support Ms. Prowse provided information regarding washout issues on the Clinton River Trail. G. NR and Sustainability Grant Application Updates Ms. Cook-Maylen provided an update on Natural Resources and Sustainability grant applications. REGULAR AGENDA ITEMS 1. Addison Oaks – Buhl Estate Plumbing Replacement Smith Charles moved to approve the Addison Oaks – Buhl Estate Plumbing Replacement, as presented. Seconded by Long. Motion carried unanimously on a roll call vote with Quarles absent. 2. Red Oaks Golf Course – Clubhouse Roof Replacement Smith Charles moved to approve the Red Oaks Golf Course – Clubhouse Roof Replacement, as presented. Seconded by Erickson Gault. Motion carried on a roll call vote with Smith Charles voting no. 3. Fuller Oak Management Services Contract – Addison Oaks VanderVeen moved to approve the Fuller Oaks Management Services Contract – Addison Oaks, as presented. Seconded by Weatherspoon. Motion carried unanimously on a roll call vote. October 2, 2024 Page 3 UNFINISHED BUSINESS Tax Increment Financing Reform After further review, Vice Chair VanderVeen requested to have this item brought back for reconsideration. LaFontaine moved to Reconsider the Tax Increment Financing Reform, as previously approved on September 4, 2024. Seconded by Erickson Gault. Motion carried unanimously on a roll call vote. LaFontaine moved to approve the original motion as amended on September 4, 2024. Seconded by Smith Charles. Motion carried on a roll call vote with Quarles abstaining. NEW & MISCELLANEOUS BUSINESS 4. Director’s Report Director Ward provided an overview of his report and Zach Zuchowicz highlighted the Black to the Land event that was held at Independence Oaks last month. 5. Executive Committee Update Chair Bagley provided an update from the Executive Committee meeting that was held on September 23, 2024. ANNOUNCEMENTS/ADJOURNMENT At 3:13 p.m., there being no further business to come before the Commission, the meeting was adjourned to November 6, 2024, or to the Call of the Chair. Andrea LaFontaine, OCPRC Secretary Jami Monte, Recording Secretary NOTE: The foregoing minutes are subject to Commission approval. Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: C Department: Parks and Recreation – Fiscal Services From: Kevin Syoen, Fiscal Coordinator Subject: FY2024 Year-End Financial Report INTRODUCTION AND HISTORY The FY2024 Year-End Report to the Oakland County Parks and Recreation Commission, originally scheduled for November 6, 2024, will now be presented at the December commission meeting. This change is necessary to ensure the accuracy and completeness of the financial information presented. Several factors contributed to this decision: 1.Fiscal year 2024 books are not yet closed. Corrections, final payments, and revenue processing are still ongoing. 2.The Ten-Year Forecast requires updating based on the outcome of the millage vote. 3.A fully accurate financial picture, including Net Position, is dependent on the finalized books. 4.Capital Improvement Projects (CIP) budget vs. actuals are still being processed. 5.ORV revenue payments form corporate rentals are outstanding. Presenting the report in December will allow sufficient time to finalize these items and provide the Commission with a comprehensive and reliable year-end report. RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 1 Department: Development & Engineering From: Zach Crane, Supervisor – Parks Development & Engineering Subject: White Lake Oaks Golf Course – Culvert Daylighting Project INTRODUCTION AND HISTORY Summary Existing culverts at White Lake Oaks Golf Course that were installed before the course was acquired in 1970 are failing. Removal of failing culvert with daylighting and restoring the stream across the golf course will result in the reconnection of the unnamed tributary stream to the Huron River. The existing culverts are undersized and in disrepair, leading to maintenance and flooding issues on the golf course. Removing the culverts and daylighting the stream will promote aquatic ecological health and diversity of the park, while reducing future golf course infrastructure/maintenance costs. The need to replace or remove the culverts on the golf course was first identified in 2018 when an assessment was completed. Scope Remove existing failing culverts and daylight the stream channel across the golf course to reduce future infrastructure needs. The project consists of two phases, with construction of location #1 and #2 in winter FY2025 and location # 3, #4 and #5 in winter FY2026. This will allow the golf course to remain open and not interfere with play. Please refer to the map in the attached planning review. Phase One (FY2025) will include the following: Location 1 – Remove existing 100 lf x 12” failing corrugated metal culvert, reestablish stream channel at lowest elevation. Follow with in-house staff boardwalk construction to connect cart path. Location 2 – Remove existing 216 lf x 12” failing corrugated metal culvert, reestablish stream channel at lowest elevation point. Follow with in-house staff boardwalk construction to connect cart path. Phase Two (FY2026) will include the following: •Location 3 – Remove existing 20 lf x 12” failing corrugated metal culvert, reestablish stream channel at lowest elevation. Install clear span bridge that will support emergency/utility/maintenance vehicles for access to entire park property. •Location 4 – Remove 160 lf x 24” failing corrugated metal culvert, remove pond seawall, restore pond to wetland reestablish stream channel at lowest elevation. •Location 5 – Remove existing 20 lf x 12” failing corrugated metal culvert, reestablish stream channel at lowest elevation. Project Budget a.Current FY CIP Budgets: RETURN TO AGENDA ID Budget Budget Center Fiscal Year Project Description Budget 2531 CIP WLG FY2024 Golf Course Drainage System Culvert Daylighting $450,000.00 2924 CIP WLG FY2025 Golf Course Drainage System Culvert Daylighting $400,000.00 Total CIP approved Funding: $850,000.00 b. Recommended Project Budget: a. Each project location budget includes 20% owner contingency ATTACHMENTS 1. Planning Review STAFF RECOMMENDATION Staff recommends approval of project expenditure for the White Lake Oaks Golf Course Culvert daylighting project – Phase One and Phase two. MOTION Move to approve expenditure for the White Lake Oaks Golf Course Culvert daylighting project – Phase one and Phase two. WLG FY2024/25/26 Design/Engineering/Permitting $104,000.00 WLG FY2025 Project Location 01 $42,000.00 WLG FY2025 Project Location 02 $108,000.00 WLG FY2026 Project Location 03 $132,000.00 WLG FY2026 Project Location 04 $282,000.00 WLG FY2026 Project Location 05 $132,000.00 Total Project Cost: $800,000.00 PROJECT REVIEW White Lake Oaks Culvert Daylighting Page 1 of 9 Update: October 30, 2024 Project Budget......................................................................................................................................................................... 1 Project Description .................................................................................................................................................................. 1 Site Characteristics .................................................................................................................................................................. 2 Project Checklist ...................................................................................................................................................................... 3 Appendix A – Project Maps ..................................................................................................................................................... 5 Appendix B – Existing Conditions Photos ................................................................................................................................ 6 Project Budget Project Description Problem Statement Existing culverts at White Lake Oaks Golf Course that were installed before the course was acquired in 1970 are failing. Removal of culverts and daylighting and restoring the stream across the golf course greens will result in the reconnection of the White Lake Oaks tributary to the Huron River on the southwest side of the property, promoting aquatic ecological health and diversity, while reducing future golf course maintenance costs. Project need was first documented in 2018. 5 areas are identified (see Appendix A. Project Map)1:  Location 1 is near the Hole 9 tee box between the upstream pond and the open channel conveyance for the Unnamed Tributary to the Huron River. A golf cart path crosses the upstream extent of Reach 1 near the existing pond. Flow from the pond is conveyed to the Unnamed Tributary to Huron River through the existing 100-LF, 12” diameter, corrugated metal pipe.  Location 2 is along Hole 18 between the upstream and downstream open channel conveyances for the Unnamed Tributary to Huron River. A golf cart path crosses the downstream extent of Reach 2, approximately 15-ft upstream of where the existing culvert pipe outfalls to the downstream receiving channel. Flow from the Unnamed Tributary to Huron River is conveyed through an existing 216-LF, 12-inch diameter corrugated metal pipe.  Location 3 consists of a golf cart path culvert crossing located between the golf course maintenance facility and Hole 13. Flow from the Unnamed Tributary to Huron River is conveyed through an existing 19-LF, 12-inch diameter, corrugated metal pipe.  Location 4 is along Hole 13 between the upstream and downstream open channel conveyances for the Unnamed Tributary to Huron River. Flow from UT to Huron River is conveyed through an existing 100-LF, 24-inch 1 Excerpted from Stantec Concept Plan Alternatives Assessment, June 12, 2024. ID Budget Budget Center Fiscal Year Available Budget 2531 CIP WLG FY2024 Golf Course Drainage System Culvert Daylighting 450,000$ 2924 CIP WLG FY2025 Golf Course Drainage System Culvert Daylighting Year 2 400,000$ 850,000$ PROJECT REVIEW White Lake Oaks Culvert Daylighting Page 2 of 9 Update: October 30, 2024 diameter corrugated metal pipe to a 0.5-acre pond, then through a 60-LF, 24-inch diameter corrugated metal pipe to a downstream open channel conveyance.  Location 5 consists of a golf cart path culvert crossing located between Holes 13 and 14. Flow from the Unnamed Tributary to Huron River is conveyed through an existing 19-LF, 12-inch diameter corrugated metal pipe. Project Scope Remove culverts and daylight the stream channel across the golf course greens to reduce cost of future culvert replacement needs and to improve ecosystem health of the park. Permit for construction will cover all 5 locations and is good for 5 years. We will phase the project, completing locations 1 and 2 in 2025 and locations 3-5 in 2026. See detailed scope for each location below. 2025:  Location 1 – Remove culvert, reestablish stream channel at lowest elevation. Advantages of this alternative: less cut and fill disturbance or area. Follow with in-house boardwalk construction to connect cart path. Address Golf Course irrigation in the work area.  Location 2 – Remove culvert, reestablish stream channel at lowest elevation point. Advantages of this alternative: Avoid disturbance to fairway and additional cut/fill disturbance to the wetland. Address Golf Course irrigation in the work area. 2026:  Location 3 – Remove culvert, reestablish stream channel and install clear span bridge that will support all maintenance vehicles and not hinder flow of stream.  Location 4 – Remove culvert, daylight stream channel, remove pond seawall, restore pond to wetland.  Location 5 – Remove culvert, daylight stream. Area is not currently a route of travel, and no bridge is required. Alternatives  Daylighting, i.e., removing culverts and reestablishing the stream channel, was selected because it will lower maintenance costs and contributes to the sustainability and resilience of the golf course and community.  Culvert replacement was considered, but not selected because of future maintenance costs, especially considering increased storm events with climate change, and is not the ecologically sound option.  Do nothing and continue to accrue deferred maintenance – this impacts playability of the course because of flooding. Not a consideration.  Divestment and removal of facility. If the golf course was removed and the area restored, we would likely need to remove culverts but would not need to consider golfer access with boardwalks and bridges. Not a consideration. Site Characteristics  CVT: White Lake Township  Parcel ID: 12-24-200-008  Watershed /subwatershed: Huron River watershed/Kent Lake – Upper Huron subwatershed  Lease: NA  Grant agreement: Multiple grant agreements. Project does not impact recreation purpose and compliant. PROJECT REVIEW White Lake Oaks Culvert Daylighting Page 3 of 9 Update: October 30, 2024  Eastern Massasauga Rattlesnake managed land: Not managed  Conservation or wetland easement: NA  Environmental assessments and/or due care plan: NA  Utility easements: NA  Infrastructure: Project is focused on drainage infrastructure. Note proximity to irrigation lines.  Trail connectivity: NA  Historical asset evaluation: NA Project Checklist ☒ ADA/ABA Compliance and Universal Access Evaluate cart paths, boardwalks and bridges for accessibility. ☒ Natural Resources Management Checklist Summarize/describe as needed and check appropriate items below. ☐ Wildlife emergence: ☒ Tree or plant materials removal: trees have been surveyed and removals identified ☒ Tree disease (e.g. oak wilt): surveyed ☒ Invasive species: surveyed ☒ Equipment staging: Limits of disturbance are being identified ☒ Topsoil and seeding: In-house ☒ Long-term maintenance: In-house ☐ Other: ☒ Sustainability Checklist Summarize/describe as needed and check appropriate items below. Delete unneeded categories. Project Category Sustainable Element Notes Boardwalks, Bridges, Decks, and Docks ☒ Uses helical pier standard ☐ Uses alternatives to pressure treated wood ☒ Incorporates wildlife crossing into design ☒ Follows Natural Resources construction timelines Landscaping See selection table below ☒ Native landscape Incorporates Michigan native plants for varying degrees of formality. ☒ Medium formality level Landscaping will be implemented by staff and designed for aesthetic appeal and to match surrounding landscapes. Maintained with semi-regular weeding and prescribed burning. ☒ Native seed Oakland County historical record, 250 mi range for procurement. Site Restoration ☐ Minimal or no irrigation Golf course irrigation in place. ☒ Native seed ☒ Erosion control materials are biodegradable and wildlife friendly PROJECT REVIEW White Lake Oaks Culvert Daylighting Page 4 of 9 Update: October 30, 2024 Project Category Sustainable Element Notes Water Infrastructure (culverts, dams, weirs) ☒ Includes considerations for storm events influenced by climate change and includes fish and animal passage ☐ Follows 2021 Water Resources Commissioner Oakland County Stormwater Engineering Design Standards regardless of size Not applicable ☒ Follows Natural Resources construction timelines ☒ Maintenance Considerations Project Category Notes Culverts Removal of culverts will eliminate need to maintain/replace and reduce flooding issues Stream and wetlands Will be maintained long-term by OCP NR staff ☒ Data Outcomes Data Category Notes As-built records Seed mixes used and construction extent GIS Map culvert removals, changes in cart paths, new boardwalks and bridges ☒ Environmental Regulations Compliance with the following environmental regulations and permits is required (check all that apply): ☒ US Fish and Wildlife Service (USFWS) Eastern Massasauga Rattlesnake Implementation Plan (EMRIP): ☒ Michigan Department of Environment, Great Lakes and Energy (EGLE) wetland regulations: ☐ Road Commission of Oakland County (RCOC) right of way permitting: ☒ Oakland County Water Resources Commission (WRC) soil erosion and sedimentation control (SESC) permitting: ☐ Other: PROJECT REVIEW White Lake Oaks Culvert Daylighting Page 5 of 9 Update: October 30, 2024 Appendix A – Project Maps Location 4 Location 2 Location 5 Location 1 Location 3 PROJECT REVIEW White Lake Oaks Culvert Daylighting Page 6 of 9 Update: October 30, 2024 Appendix B – Existing Conditions Photos Location 1 upstream pond (left) and downstream channel (right) Location 2 upstream (left) and downstream (right) channels Photo credit: Stantec 2 2 Excerpted from Stantec Concept Plan Alternatives Assessment, June 12, 2024. PROJECT REVIEW White Lake Oaks Culvert Daylighting Page 7 of 9 Update: October 30, 2024 Location 3 upstream (left) and downstream (right) channels Photo credit: Stantec 3 3 Excerpted from Stantec Concept Plan Alternatives Assessment, June 12, 2024. PROJECT REVIEW White Lake Oaks Culvert Daylighting Page 8 of 9 Update: October 30, 2024 Location 4 pond (left) and downstream channel (right) Location 5 upstream (left) and downstream (right) channels Photo credit: Stantec 4 4 Excerpted from Stantec Concept Plan Alternatives Assessment, June 12, 2024. PROJECT REVIEW White Lake Oaks Culvert Daylighting Page 9 of 9 Update: October 30, 2024 Appendix C. Springfield Oaks Daylighting Project A similar project to the White Lake Oaks Culvert Daylighting project was completed at Springfield Oaks Golf Course in Winter 2024. Photos below show the resulting boardwalk and restored stream channel. Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 2 Department: Natural Resources and Environmental Sustainability From: Sarah Cook-Maylen, Chief – Natural Resources and Sustainability Subject: Deer Management Firearm Control INTRODUCTION AND HISTORY White-tailed deer are a native species in Michigan with a rich cultural and ecological history. However, over time and with a loss of natural predators, white-tailed deer populations in Michigan have exploded to the detriment of residents, native plants, and the deer themselves. Management of white-tailed deer populations is conducted across the state and is regulated by the Michigan Department of Natural Resources (MDNR). The goal of deer management is to maintain sustainable deer populations, reduce disease, reduce negative human/deer interactions (such as vehicle crashes), reduce economic impacts to farmers and gardeners, provide a recreational opportunity for sportspeople, and prevent degradation of our natural communities. A pilot deer management firearm control program was carried out at Addison Oaks over three evenings in February 2024. The US Department of Agriculture (USDA) Wildlife Services removed a total of 75 deer, resulting in approximately 3000 pounds of venison donated through Michigan Sportsmen Against Hunger. The number of deer removed matched the target number suggested by MDNR as being necessary to help permanently reduce the population size. As expected, this program proved significantly more efficient and used much less staff time than previous volunteer- based culls. All aspects of the program were carried out safely and smoothly. Natural Resources recommends the following: •Continue annual management at Addison Oaks using USDA Wildlife Services, modifying effort as necessary to reach and maintain an appropriate population size •Expand the existing program to include Groveland Oaks in 2025. •Continue annual infrared drone population surveys and plant surveys at relevant parks to evaluate success ATTACHMENTS •USDA Wildlife Services Cooperative Service Agreement STAFF RECOMMENDATION Staff recommends approving the whitetail deer management program utilizing firearms and approving and forwarding the USDA Cooperative Service Agreement to the Board of Commissioners. MOTION Motion to approve the whitetail deer management program utilizing firearms and approve and forward the USDA Cooperative Service Agreement to the Board of Commissioners. RETURN TO AGENDA (7/2019 version) WS Agreement Number: ________________-RA WBS:______________________________ [optional] Cooperator PO: _________________ ROWE-monthly or quarterly (billable) 1 COOPERATIVE SERVICE AGREEMENT between OAKLAND COUNTY PARKS and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1 – PURPOSE The purpose of this Cooperative Service Agreement is to assist Oakland County Parks in a wildlife damage management project as described in the attached Work Plan. ARTICLE 2 – AUTHORITY APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety. ARTICLE 3 - MUTUAL RESPONSIBILITIES The cooperating parties mutually understand and agree to/that: 1. APHIS-WS shall perform services set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this agreement, to amend, modify, add or delete services from the Work Plan. 2. The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS-WS. 3. There will be no equipment with a procurement price of $5,000 or more per unit purchased directly with funds from the cooperator for use on this project. All other equipment purchased for the program is and will remain the property of APHIS-WS. 4. The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project. For Internal Use: ROWE-monthly or quarterly (billable) ARTICLE 4 - COOPERATOR RESPONSIBILITIES Cooperator agrees: 1. To designate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement; Oakland County Parks Sean Zera 2800 Watkins Lake Road Waterford, MI 48328 (248) 520-7231 zeras@aok.gov 2. To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan. APHIS-WS will be considered an invitee on the lands controlled by the Cooperator. Cooperator will be required to exercise reasonable care to warn APHIS-WS as to dangerous conditions or activities in the project areas. 3. To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996. 4. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996. 5. As a condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. 6. To notify APHIS-WS verbally or in writing as far in advance as practical of the date and time of any proposed meeting related to the program. 7. The Cooperator acknowledges that APHIS-WS shall be responsible for administration of APHIS-WS activities and supervision of APHIS-WS personnel. 8. To obtain the appropriate permits for removal activities for species listed in the Work Plan and list USDA, APHIS, Wildlife Services as subpermitees. For Internal Use: ROWE-monthly or quarterly (billable) ARTICLE 5 – APHIS-WS RESPONSIBILITIES APHIS-WS Agrees: 1. To designate the following as the APHIS-WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement. APHIS-WS State Director: Anthony G. Duffiney 2803 Jolly Rd, Suite 100 Okemos, MI 48864 (517) 336-1928 anthony.g.duffiney@usda.gov 2. To conduct activities at sites designated by Cooperator as described in the Work and Financial Plans. APHIS-WS will provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement. 3. That the performance of wildlife damage management actions by APHIS-WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS-WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance. 4. To invoice Cooperator for actual costs incurred by APHIS-WS during the performance of services agreed upon and specified in the Work Plan. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations. Select billing frequency: Monthly or Quarterly (Quarterly billing will be default) ARTICLE 6 – CONTINGENCY STATEMENT This agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS-WS funds for a finite period under a Continuing Resolution. For Internal Use: ROWE-monthly or quarterly (billable) ARTICLE 7 – NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement. ARTICLE 8 – CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. ARTICLE 9 – LAWS AND REGULATIONS This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis to nonfederal recipients, in accordance with all applicable laws, regulations and policies. ARTICLE 10 – LIABILITY APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680). ARTICLE 11 – NON-DISCRIMINATION CLAUSE The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. Not all prohibited bases apply to all programs. ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS This agreement shall become effective on December 1,2024, and shall continue through March 31, 2025, not to exceed five years. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the end date at least 10 days prior to expiration of the agreement. Also, this agreement may be terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS-WS is relieved of the obligation to provide services under this agreement. For Internal Use: ROWE-monthly or quarterly (billable) In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury requires a Taxpayer Identification Number for individuals or businesses conducting business with the agency. Cooperator’s Tax ID No.: 38-6004876 APHIS-WS’s Tax ID: 41-0696271 OAKLAND COUNTY PARKS _______________________________________ _______________________ David T. Woodward Chair Oakland County Board of Commissioners UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES _______________________________________ _______________________ Anthony G. Duffiney, State Director Date USDA, APHIS, WS 2803 Jolly Rd, Suite 100 Okemos, MI 48864 Prepared by (APHIS-WS employee): David Madrigal For Internal Use: ROWE-monthly or quarterly (billable) WORK PLAN In accordance with the Cooperative Service Agreement between Oakland County Parks and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the period of this agreement. Program Objective The U.S. Department of Agriculture (USDA) is authorized to protect American agriculture and other resources from damage associated with wildlife. Wildlife Services activities are conducted in cooperation with other Federal, State and local agencies, private organizations and individuals. The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes referred to as IPM or “Integrated Pest Management”) in which a series of methods may be used or recommended to reduce wildlife damage. These methods include the alteration of cultural practices, habitats, and behavioral modifications to prevent damage. However, controlling wildlife damage may require that the offending animal(s) are killed or that the populations of the offending species be reduced. Plan of Action At the request of the Oakland County Parks, Wildlife Services will remove white-tailed deer under permits issued by the Michigan Department of Natural Resources. Wildlife Services will utilize suppressed firearms from vehicles, ground blinds, elevated stands, and baiting. Wildlife Services will perform field dressing and transport carcasses to local processor for donation to charity. At the completion of this project, Okland County Parks may consult with Wildlife Services and the Michigan Department of Natural Resources to determine if further control visits are necessary. For Internal Use: ROWE-monthly or quarterly (billable) FINANCIAL PLAN Cost Element Full Cost Personnel Compensation $13,414 Travel Vehicles $625 Other Services Supplies and Materials $1,000 Equipment $500 Subtotal (Direct Charges) $15,539 Pooled Job Costs 11.00% $1,709 Indirect Costs 16.15% $2,509 Aviation Flat Rate Collection Agreement Total $19,757 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $19,757 Cooperator Financial Point of Contact: APHIS-WS State Financial Point of Contact: Jenifer Adcock, Fiscal Services Supervisor Lloyd NELSON Peymbroeck, Budget Analyst (248) 420-1727 2803 Jolly Rd, Suite 100 adcockj@oakgov.com Okemos, MI 48864 (517) 318-3462 Lloyd.N.Peymbroeck@usda.gov Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 3 Department: Natural Resources and Environmental Sustainability From: Sarah Cook-Maylen, Chief – Natural Resources and Sustainability Subject: Ducks Unlimited Wetland Conservation Funding Grant Agreement INTRODUCTION AND HISTORY OCP submitted a grant application to Ducks Unlimited for their Wetland Conservation Funding Program in the amount of $425,000, with a $5,000 match, in August 2024. The grant request includes funding for the purchase of 4 wetland properties, with one owner, adjacent to Pontiac Oaks County Park that total approximately 20 aces. These properties will allow OCP to operate the entirety of shoreline around Creger Lake. Creger Lake is located within the Clinton River Watershed, and the wetlands around the lake serve important functions as both wildlife habitat and for stormwater retention. The parcels are currently infested with invasive species, namely narrow-leaf cattail, which has created a monoculture on the property. By adding these parcels, OCP will be able to effectively maintain the lake and its shoreline wetlands in their entirety. This will enhance habitat value and promote native biodiversity within the system. Ducks Unlimited provided a grant opportunity for 4-8 projects as part of the “Wetland Conservation Program in the watersheds of Saginaw Bay and Lake Erie that will enhance, restore, or conserve wetlands to benefit water quality and wildlife and aquatic habitat, and to support and enhance Great Lakes tourism and related economic sectors that have been adversely impacted by the COVID-19 pandemic. The Wetland Conservation Program is being managed by Ducks Unlimited on behalf of the Michigan Department of Natural Resources, Wildlife Division (DNR) in cooperation with the Michigan Department of Environment, Great Lakes and Energy (EGLE); and Michigan Department of Agriculture and Rural Development (MDARD).” Pending grant approval and BOC authorization of staff to negotiate acquisition of the property, OCP will engage the landowner in discussions for purchase and bring a recommendation for purchase back to OCPRC. STAFF RECOMMENDATION Staff recommends a motion to approve and forward to the Board of Commissioners the Ducks Unlimited grant agreement for $425,000. MOTION Move to approve and forward to the Board of Commissioners the Ducks Unlimited grant agreement for $425,000. RETURN TO AGENDA Page 1 of 5 DUCKS UNLIMITED, INC. PARTNER ORGANIZATION American Rescue Plan Act Sub-Award Agreement Wetlands Conservation Program Funded by ARPA US-XX-XX-X This Agreement is effective this day of , , between Ducks Unlimited, Inc. (hereinafter "DU") and the Partner Organization or Agency (hereinafter "Partner") to facilitate completion of the Wetlands Conservation Program Funded by ARPA (hereinafter “Project”). WHEREAS, the Michigan Department of Natural Resources (the “Department”) has authority to issue grants for the development of public outdoor recreation facilities under sections 602 and 603 of section 9901 of the Social Security Act of Public Law No. 117-2, known as the American Rescue Plan Act of 2021 (ARPA), signed into law on March 11, 2021, as the Coronavirus State and Local Fiscal Recovery Funds (SLFRF). WHEREAS, Governor Gretchen Whitmer signed a supplemental appropriations bill (Public Act 5 of 2023) securing $10 million of American Rescue Plan Act funding for wetland restoration, enhancement, and acquisition to aid in the reduction of phosphorous, nitrogen, and sediment entering Lake Erie and Saginaw Bay. This supplemental funding will improve the water quality of Lake Erie and Saginaw Bay to support communities and Great Lakes tourism and related economic sectors that have been adversely impacted by the COVID-19 pandemic. WHEREAS, Michigan DNR developed the Wetlands Conservation Program to guide expenditure for a portion these funds, and selected Ducks Unlimited through a competitive process to manage the program as a fiduciary agent (Grant Agreement titled “ARPA Lake Erie and Saginaw Bay Watersheds Wetland Conservation Program,” hereafter referred to as Project Proposal and included as Exhibit A). Ducks Unlimited is a non-profit company that has preserved, enhanced, or restored 16 million acres of wetlands in North America since 1937. WHEREAS, DU intends to serve as the ARPA grant (hereinafter “Grant”) if and when such Grant is issued by the Michigan Department of Natural Resources (MDNR) and accepted by DU. WHEREAS, the Partner intends to be a sub-recipient of ARPA grant funds and/or a match provider. WHEREAS, DU and the Partner intend to cooperate to complete the Project by the acquisition of certain real property interest(s) and/or development(s) as described in Exhibit B of this Agreement (hereinafter “Project Elements”). NOW, THEREFORE, in consideration of the above premises and other terms and conditions listed herein, DU and the Partner agree to undertake the Project as follows: I. SCOPE OF WORK - The Project will be conducted in accord with the Project Proposal and the Terms and Conditions of the ARPA grant (hereinafter “Terms and Conditions”) as detailed in Exhibit C to this Agreement. Page 2 of 5 II. SCOPE OF THE AGREEMENT - This Agreement will be in force for the Grant Project period plus 20 years or, if Project Elements include acquisition of real property interests, in perpetuity from the above- mentioned effective date unless limited by easements, leases or other legal instruments of shorter duration as may be specified in the Terms and Conditions or approved by the DU Project Officer. A. DU agrees: 1. Subject to the execution of the Grant, to receive and administer Grant funds in accordance with the Project Proposal. 2. To reimburse the Partner for allowable costs, as defined by the Terms and Conditions, incurred by the Partner to complete the Project Elements in the amount(s) described in Exhibit B. 3. Donate such cash, goods, and/or services to the Partner to complete the Project Elements in the amount(s) detailed in Exhibit B. B. PARTNER agrees: 1. To accept cash, goods, and/or services from DU and other Project partners to complete Project Elements as described in Exhibit B. 2. To provide matching contributions as detailed in said Partner’s funding commitment letter included in the Project Proposal and described in Exhibit B. 3. That it accepts and will comply, as a subrecipient and/or a match provider and on DU’s behalf and for DU’s benefit, with the provisions of the Terms and Conditions. 4. To be responsible for all costs incurred by the Partner in excess of the value of Grant funds, DU funds or DU in-kind services, if any, that may be associated with the Project. 5. To provide all reasonable and necessary services to ensure the timely completion of the Project within the Grant’s project period. 6. To provide information and materials in a timely manner as requested by DU that are necessary to meet DU’s obligations under the Grant. 7. To obtain, at the Partner's expense, all required permits, agreements, leases, approvals and access rights necessary for the development of the Project and provide to DU, its officers, employees, agents and the like all reasonable assistance and cooperation necessary for the implementation of this Agreement. 8. That all pre-agreement costs, as defined by the Terms and Conditions, incurred by the Partner are incurred at the Partner’s risk. Such costs are allowable only to the extent that they would have been allowable if incurred after the date that the MDNR signs the Grant and during the Grant’s project period. 9. Perform Site management and maintenance activities identified within the Project for the duration of this Agreement. Further, Partner shall be responsible for all costs associated with operation and maintenance of the Site. Page 3 of 5 10. DU will retain a right of entry to the Site for purposes of educational or informational tours and periodic review of Site management and maintenance. Visitation to the Site by DU will not infringe or conflict with Partner’s use or enjoyment of the Site. 11. To immediately reimburse DU for any repayment or reimbursement DU must make to the MDNR under the Grant that is caused by or results from the Partner’s failure to comply with the terms and conditions of this Agreement. 12. In accordance with II.B.3. above, reimburse the MDNR or be bound to the alternative for redress chosen by the MDNR if any habitat restored, enhanced, created, or acquired by or for the Partner is managed, conveyed, or administered in a manner inconsistent with Terms and Conditions and/or the Project purpose. Further, under these circumstances, the Partner will reimburse DU for costs incurred by DU to restore, enhance, create, or acquire any habitat that is managed, conveyed, or administered in a manner inconsistent with Project purposes. 13. To permit DU, MDNR and their designees to conduct site inspections of the Project. 14. To permit DU, MDNR and their designees to have access to the Partner’s records and financial statements as necessary for DU to meet the requirements of SLFRF CFDA 21.027 15. Partner will provide DU with the following written information on a quarterly schedule based upon the MDNR signature date of the Grant Agreement: A) Progress report B) Financial status report C. DU and PARTNER mutually agree: 1. That this Agreement and its obligations are contingent upon DU’s receipt, acceptance and execution of a Grant, the terms and conditions of which are acceptable to DU, that will fund this Project. If DU should not receive or accept the Grant or if this Project is excluded from the Grant, this Agreement shall be rescinded as of its effective date and neither party shall have any obligations to the other under this Agreement. We allow change orders and contract contingencies. Such increased costs are not considered new obligations but are instead attributable to a preexisting obligation to accommodate the change or contingency. 2. That the Project will be completed in accordance with the Project Proposal as further detailed in Exhibit B, including any mutually agreed modifications. 3. To acknowledge the contribution of each party in oral or written communications related to the Project. Partner and/or DU may provide mutually acceptable Project signs and may erect and reasonably maintain these signs at a convenient viewing location in close proximity to the Project. 4. DU appoints Individual’s Name as its Project Officer. Partner appoints Individual’s Name as its Project Officer. The parties may change their respective Project Officer at any time by providing written notification to the other party identifying the name of their new Project Officer. Correspondence pertaining to this Agreement shall be sent to the following addresses: Page 4 of 5 DU - Address Address Address Phone Partner - Address Address Address Phone 5. To cooperate in recognizing outside contributors who might provide significant funding to help underwrite costs of the Project or who otherwise are mutually deemed to deserve special recognition. The principal costs of such recognition shall be borne by the party initiating the recognition. 6. To freely exchange Project information and to periodically review, study and consider modifications to the Project pursuant to the terms of this Agreement 7. That if this Agreement is executed prior to DU receiving the Notice of Grant Award from the MDNR, and such subsequent Notice of Grant Award contain provisions which require the amendment or modification of the Terms and Conditions currently attached as Exhibit C to this Agreement, that such amended or modified Terms and Conditions shall be substituted and upon written acknowledgement by the Partner and become part of the Agreement. 8. In the event the parties hereto are unable to agree regarding their obligations under this Agreement, they shall select a mutually acceptable third party whose decision shall be binding. 9. That DU or MDNR will bear no responsibility or liability with respect to any claims or suits by third persons for damages incurred or suffered resulting from, or caused by, the Partner, any subcontractor, or their respective employees, agents, servants and assigns activities under this Agreement. The Partner agrees that it will indemnify, defend and save DU and MDNR harmless from and against all losses and all claims, demands payments, suits, actions, recoveries, judgments, costs and expenses of every nature and description brought or recovered against DU or MDNR or expended by DU or MDNR, including the payment of attorneys’ fees arising from the performance by the Partner, any subcontractors, and/or their respective employees, agents, servants and assigns of the Partner’s obligations under this Agreement. 10. That neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that performance of such obligations is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of any one or both of the parties hereto which they could not reasonably have foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, strikes, lockouts, fires, riots, incendiarism, interference by civil or military authorities, compliance with regulations or orders of any government authority, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the parties hereto. III. EXECUTION AND MODIFICATION OF AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. Further, only the mutual prior written agreement of both parties may modify this Agreement. DUCKS UNLIMITED, INC. PARTNER ORGANIZATION Page 5 of 5 BY:___________________________________ BY:____________________________________ James A. Rader – Director of Operations DATE: _____________________________ DATE:________________________________ EXHIBIT A. – “Project Proposal” to American Rescue Plan Act Sub-Award Agreement Wetlands Conservation Program Funded by ARPA US-XX-XX-X EXHIBIT B. – “Project Elements” to American Rescue Plan Act Sub-Award Agreement Wetlands Conservation Program Funded by ARPA US-XX-XX-X A. DU agrees to: B. The Partner agrees to: C. DU and Partner mutually agree: EXHIBIT B (continued) Project Description Project: Location: Contact Person: Project Description: Estimated Cost: $ Funding: $XXX,XXX in – ARPA Grant Funds $ Permitting Required: Project Timeline: EXHIBIT C. – “Terms and Conditions” American Rescue Plan Act Sub-Award Agreement Wetlands Conservation Program Funded by ARPA US-XX-XX-X CFR 200.331 – 200.333 Subrecipient Pass-through Monitoring and Management Requirements A. GRANTEE shall ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass-through entity must provide the best information available to describe the Federal award and subaward. Required information includes: 1. Federal award identification. a. Subrecipient name (must match the name associated with its Unique Entity Identifier) b. Subrecipient's Unique Entity Identifier (UEI) c. Federal Award Identification Number (FAIN) d. Federal Award Date (see the definition of Federal award date in § 200.1 of this part) of award to the recipient by the Federal agency e. Subaward Period of Performance Start and End Date f. Subaward Budget Period Start and End Date g. Amount of Federal Funds Obligated by this action by the pass -through entity to the subrecipient h. Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current financial obligation i. Total Amount of the Federal Award committed to the subrecipient by the pass-through entity j. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) k. Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity l. Assistance Listings number and Title; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement m. Identification of whether the award is R&D (not allowed for these funds); and n. Indirect cost rate for the Federal award (including if the de minimis rate is charged) per § 200.414 2. All requirements imposed by the pass-through entity on the subrecipient so that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award. 3. A requirement that the subrecipient submit the legal descriptions of the subrecipient project areas, boundary maps of the project areas, required Key Performance Indicator (KPI) metrics, and the grant application with identifier to MiGrants, or similar system agreed upon by GRANTEE and DEPARTMENT, in the following manner: (i) the project area will be defined, initially, by a general overview boundary map shared by the subrecipient on or prior to the award to the subrecipient being executed by the GRANTEE; and (ii) the project are will be defined, subsequently and finally, by an updated boundary map and specific legal description submitted by the subrecipient on or prior to October 31, 2026. The words "project area" shall mean the land and area described in the uploaded legal description and boundary map already referenced as being a part of the project file. 4. Any additional requirements that the pass-through entity imposes on the subrecipient in order for the passthrough entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports. Follows all Compliance and Reporting Guidance. Including reporting and allowable costs (https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf). 5. (i) An approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government. If no approved rate exists, the pass-through entity must determine the appropriate rate in collaboration with the subrecipient, which is either: a. The negotiated indirect cost rate between the pass-through entity and the subrecipient; which can be based on a prior negotiated rate between a different PTE and the same subrecipient. If basing the rate on a previously negotiated rate, the pass-through entity is not required to collect information justifying this rate, but may elect to do so; b. The de minimis indirect cost rate. (ii) The pass-through entity must not require use of a de minimis indirect cost rate if the subrecipient has a Federally approved rate. Subrecipients can elect to use the cost allocation method to account for indirect costs in accordance with § 200.405(d). 6. A requirement that the subrecipient permit the pass-through entity and auditors to have access to the subrecipient's records and financial statements as necessary for the pass-through entity to meet the requirements of this part; and 7. Appropriate terms and conditions concerning closeout of the subaward. B. GRANTEE shall evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in paragraphs (d) and (e) of this section, which may include consideration of such factors as: 1. The subrecipient's prior experience with the same or similar subawards; 2. The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F of this part, and the extent to which the same or similar subaward has been audited as a major program 3. Whether the subrecipient has new personnel or new or substantially changed systems; and 4. The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also receives Federal awards directly from a Federal awarding agency). C. GRANTEE shall consider imposing specific subaward conditions upon a subrecipient if appropriate as described in § 200.208. D. GRANTEE shall monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Pass-through entity monitoring of the subrecipient must include: 1. Reviewing financial and performance reports required by the pass-through entity. 2. Following-up and ensuring that the subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site reviews, and written confirmation from the subrecipient, highlighting the status of actions planned or taken to address Single Audit findings related to the particular subaward. 3. Issuing a management decision for applicable audit findings pertaining only to the Federal award provided to the subrecipient from the pass-through entity as required by § 200.521. 4. The pass-through entity is responsible for resolving audit findings specifically related to the subaward and not responsible for resolving crosscutting findings. If a subrecipient has a current Single Audit report posted in the Federal Audit Clearinghouse and has not otherwise been excluded from receipt of Federal funding (e.g., has been debarred or suspended), the pass-through entity may rely on the subrecipient's cognizant audit agency or cognizant oversight agency to perform audit follow-up and make management decisions related to crosscutting findings in accordance with section § 200.513(a)(3)(vii). Such reliance does not eliminate the responsibility of the pass-through entity to issue subawards that conform to agency and award-specific requirements, to manage risk through ongoing subaward monitoring, and to monitor the status of the findings that are specifically related to the subaward. E. Depending upon the pass-through entity’s assessment of risk posed by the subrecipient (as described in paragraph (b) of this section), the following monitoring tools may be useful for the pass-through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals: 1. Providing subrecipients with training and technical assistance on program-related matters; and 2. Performing on-site reviews of the subrecipient's program operations; 3. Arranging for agreed-upon-procedures engagements as described in § 200.425. F. GRANTEE shall verify that every subrecipient is audited as required in 2 CFR Part 200, Subpart F when it is expected that the subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in § 200.501 ($750,000). G. GRANTEE shall consider whether the results of the subrecipient's audits, on-site reviews, or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records. H. GRANTEE shall consider taking enforcement action against noncompliant subrecipients as described in § 200.339 of this part and in program regulations. I. Fixed amount subawards, with prior written approval from the Federal awarding agency, a pass-through entity may provide subawards based on fixed amounts up to the Simplified Acquisition Threshold, provided that the subawards meet the requirements for fixed amount awards in §200.201 Use of grant agreements (including fixed amount awards), cooperative agreements, and contracts. J. Each subrecipient of GRANTEE will complete the engineering, acquisition, and/or restoration construction of the project wetland to the satisfaction of the DEPARTMENT including but not limited to the following: 1. Competitively bid, following 16.c.v, and then retain the services of a professional architect, landscape architect, or engineer, registered in the State of Michigan to serve as the GRANTEE'S Prime Professional. The Prime Professional shall prepare the plans, specifications and bid documents for the project and oversee project construction. 2. Within 180 days of execution of this Agreement, and before soliciting bids or quotes or incurring costs other than costs associated with the development of plans, specifications, or bid documents, provide the DEPARTMENT with plans, specifications, and bid documents for the project facilities, sealed by the GRANTEE'S Prime Professional. 3. Upon DEPARTMENT approval of 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'S Prime Professional. 4. Upon DEPARTMENT approval of 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'S Prime Professional. 5. Maintain detailed written records of the contracting processes used and submit these records to the DEPARTMENT upon request. 6. Complete construction to all applicable local, state and federal codes, as amended; including but not limited to the federal Americans with Disabilities Act (ADA) of 2010, as amended; the Persons with Disabilities Civil Rights Act, Act 220 of 1976, as amended; the Utilization of Public Facilities by Physically Limited Act, P.A. 1 of 1966, as amended; the Elliott-Larsen Civil Rights Act, Act 453 of 1976, as amended. 7. Comply with legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. 8. Correct any deficiencies discovered at the final inspection within 90 days of written notification by the DEPARTMENT. These corrections shall be made at the GRANTEE'S expense and are eligible for reimbursement at the discretion of the DEPARTMENT and only to the degree that the GRANTEE'S prior expenditures made toward completion of the project are less than the grant amount allowed under this Agreement. 9. Comply with Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, ompletion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the federal awarding agency. 10. Comply with Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. K. Each subrecipient of GRANTEE will monitor and maintain the project function for a minimum of twenty-years, to regulate the use thereof to the satisfaction of the DEPARTMENT, and to appropriate such monies and/or provide such services as shall be necessary to provide such adequate maintenance. L. Each subrecipient of GRANTEE will adopt ordinances and/or resolutions, as necessary, to effectuate the provisions of this Agreement; certify copies of all ordinances and/or resolutions adopted for these purposes shall be forwarded to the DEPARTMENT before the effective date thereof. M. Each subrecipient of GRANTEE will maintain the premises in such condition as to comply with all federal, state, and local laws which may be applicable and to make any and all payments required for all taxes, fees, or assessments legally imposed against the project area. N. Any subaward by GRANTEE will provide that in the event that any subrecipient fails to abide by any provisions of this Appendix A or any provision contained in a grant award from GRANTEE to the subrecipient, including but not limited to the failure to provide timely and complete reports and audits, that GRANTEE may, but is not required to, assign its enforcement rights under the subaward to the DEPARTMENT. The DEPARTMENT agrees that upon assignment of such enforcement rights against a subrecipient to the DEPARTMENT from the GRANTEE that the GRANTEE will be relieved of any duties and reporting responsibilities to the DEPARTMENT for that portion of the GRANT provided to the subrecipient and that the DEPARTMENT will seek any further compliance directly against the subrecipient. O. During the project period, the subrecipient shall obtain prior written authorization from the GRANTEE before adding, deleting, or making a significant change to any eligible uses of subaward funding provided. Further, a subrecipient must obtain the approval of the DEPARTMENT, said approval in the sole discretion of the DEPARTMENT, for any change in an approved project. P. All project facilities constructed or purchased by a subrecipient shall be placed and used at the project area and solely for the purposes specified in the subrecipient application and grant agreement. Q. Where projects are located that are open to the public, no individual shall be denied ingress or egress thereto or the use thereof because of religion, race, color, national origin, age, sex, sexual orientation, height, weight, marital status, partisan considerations, or a disability or genetic information. R. The subrecipient shall not allow any encumbrance, lien, security interest, mortgage, or any evidence of indebtedness to attach to or be perfected against the project area or project facilities within the twenty-year useful life period. S. None of the project area nor any of the project facilities constructed by a subrecipient using subaward funds shall be wholly or partially conveyed during the twenty-year useful life period, either in fee or otherwise or leased for a term of years or for any other period, nor shall there be any whole or partial transfer of the lease title, ownership, or right of maintenance or control by the subrecipient except with the written approval and consent of the DEPARTMENT. T. The assistance provided to a subrecipient as a result of a subaward is intended to have a lasting effect on water quality, wildlife habitat, and outdoor recreation within the Lake Erie and Saginaw Bay watersheds beyond the financial contribution alone and commits the project area within the twenty-year useful life period to increasing extent and function of wetlands, therefore: 1. The subrecipient agrees that the project area or any portion thereof will not be converted to a use beyond those specified in agreement between GRANTEE and subrecipients without prior written approval by the DEPARTMENT and, as necessary, implementation of mitigation approved by the DEPARTMENT, including, but not limited to, replacement with land of equal of greater usefulness for purposes of Wetland Conservation Program (hereafter, WCP) and market value. 2. Approval of a conversion shall be at the sole discretion of the DEPARTMENT. 3. Before completion of the project, the subrecipient and the DEPARTMENT may mutually agree to alter the project area through an amendment to this Agreement to provide the most satisfactory project related to the WCP. U. Should title to the project area or any portion thereof be acquired from the subrecipient by any other entity through exercise of the power of eminent domain within the twenty-year useful life period, the subrecipient agrees that the proceeds awarded to the subrecipient shall be used to replace the lands and project facilities affected with lands and project facilities of at least equal or greater market value, and of equal or greater usefulness in accordance with intent and geographic limitation of WCP.. The DEPARTMENT shall approve such replacement only upon such conditions as it deems necessary to assure the substitution by subrecipient satisfies above criteria. Such replacement shall be subject to all the provisions of this Agreement. V. The subrecipient acknowledges that: 1. The subrecipient has examined project areas which are open to public use and that it has found the area to be safe for public use or that action will be taken by the subrecipient as part of the project to assure safe use of the area by the public, and 2. The subrecipient is solely responsible for development, operation, and maintenance of the project area and project facilities, and that responsibility for actions taken to develop, operate, or maintain the property is solely that of the subrecipient, and 3. The DEPARTMENT'S involvement in the premises is limited solely to the monitoring of the subaward to assist the subrecipient in developing the project site. W. The subrecipient will assure the DEPARTMENT that the proposed State-assisted action will not have a negative effect on the environment and, therefore, an Environmental Impact Statement is not required. X. The subrecipient will be required to acknowledge that the subaward does not require the State of Michigan or the federal government to issue any permit required by law to construct the wetland project that is the subject of this Agreement. Such permits include, but are not limited to, permits to fill or otherwise occupy a floodplain, and permits required under Parts 301, 303, 315, 323, and 325 of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended. It is the sole responsibility of the subrecipient to determine what permits are required for the project, secure the needed permits, and remain in compliance with such permits. Y. Before the DEPARTMENT will approve plans, specifications, or bid documents; or give approval to the subrecipient to advertise, seek quotes, or incur costs for this project, the subrecipient must provide documentation to the DEPARTMENT that indicates either: 1. It is reasonable for the GRANTEE to conclude that no portion of the project area is a facility as defined in Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended; or 2. If any portion of the project area is a facility, documentation that Department of Environment, Great Lakes and Energy-approved response actions have been or will be taken to make the site safe for its intended use within the project period prior to public use of the property, and that implementation and long-term maintenance of response actions will not hinder public use and/or the resource protection values of the project area. Z. If the DEPARTMENT determines that, based on contamination, the project area will not be made safe for the planned use within the project period, or another date established by the DEPARTMENT in writing, or if the DEPARTMENT determines that the presence of contamination will reduce the overall usefulness of the property for purposes of WCP, the grant may be cancelled by the GRANTEE or the DEPARTMENT with no reimbursement made to the subrecipient. AA. The subrecipient shall acquire and maintain, or cause to be acquired or maintained, insurance which will protect the subrecipient from claims which may arise out of or result from the subrecipient's operations under the subaward, whether performed by the subrecipient, a subcontractor or anyone directly or indirectly employed by the subrecipient, or anyone for whose acts any of them may be 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 subrecipient shall provide evidence of such insurance to the GRANTEE and DEPARTMENT at the request of either. BB. Nothing in the subaward shall be construed to impose any obligation upon the GRANTEE or the DEPARTMENT to operate, maintain, or provide funding for the operation and/or maintenance for the project area. CC. The subrecipient will represent that it will defend any suit brought against either GRANTEE or the DEPARTMENT which involves title, ownership, or specific rights, including appurtenant riparian rights, of any lands connected with or affected by this project. DD. The subrecipient is responsible for the use and occupancy of the premises, the project area and the facilities thereon. The subrecipient is responsible for the safety of all individuals who are invitees or licensees of the premises. The subrecipient will defend all claims resulting from the use and occupancy of the premises, the project area and the facilities thereon. The GRANTEE and the DEPARTMENT are not responsible for the use and occupancy of the premises, the project area and the facilities thereon. EE. Failure by the subrecipient to comply any of the provisions of the subaward shall constitute a material breach of the subaward and the GRANTEE may seek enforcement against the subrecipient or DEPARTMENT will seek enforcement against the subrecipient if GRANTEE assigns its rights against the subrecipient to the DEPARTMENT. FF. The subrecipient of GRANTEE agrees that the benefit to be derived by the State of Michigan from the full compliance by the subrecipient with the terms of this Agreement is the preservation, protection, and net increase in functional wetlands and associated lands which provide water quality and associated benefits to the people of the State and of the United States and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State of Michigan by way of assistance under the terms of this Agreement. The subrecipient of GRANTEE agrees that after final reimbursement has been made to the subrecipient, repayment to the GRANTEE or DEPARTMENT of grant funds received would be inadequate compensation to the State for any breach of this Agreement. The subrecipient of GRANTEE further agrees therefore, that the appropriate remedy in the event of a breach by the subrecipient of GRANTEE of this Agreement after final reimbursement has been made may be the specific performance of this Agreement. GG. The subrecipient of GRANTEE shall return all grant money if the project is not constructed or completed in accordance with this Agreement. HH. The subrecipient of GRANTEE will take reasonable measures to safeguard protected personally identifiable information and other information the US Department of Treasury or State of Michigan designates as sensitive or the recipient considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality in accordance with the Uniform Guidance (including but not limited to, sections §200.303 and §200.338) and the Privacy Act of 1974 (5 U.S.C. § 552a). II. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRP0127 awarded to The State of Michigan by the U.S. Department of the Treasury.” JJ. The Grantee will comply with federal regulation 2 CFR 180 and certifies to the best of its knowledge and belief that it, its employees, and its subcontractors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or contractor ; 2. Have not within a five-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) or private transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3. 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 section 2; 4. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default; and 5. Have not committed an act of so serious or compelling a nature that it affects the Grantee’s present responsibilities. EXHIBIT C-1. – “FFATA Form” American Rescue Plan Act Sub-Award Agreement Wetland Conservation Program US-XX-XX-X The Federal Funding Accountability and Transparency Act (FFATA) requires Ducks Unlimited to report the following information: 1. Name of the entity receiving the subaward: _________________________________________ 2. Address (include zip +4) of entity receiving the subaward and congressional district: Contact person: _________________________ Phone: _________________Email: _________________ 3. Location of project under the subaward, including city, state, congressional district, county, and zip+4: 4. Unique identifier of the entity receiving the award and the parent entity of the recipient, should the entity be owned by another entity: UEI (12-digit Unique Entity ID) Parent: _____________ 5a. Did your entity in the preceding fiscal year receive 80% or more of its annual gross revenues from U. S. federal contracts, subcontracts, loans, grants, subgrants and/or cooperative agreements AND did your entity in the preceding fiscal year receive $25,000,000 or more in annual gross revenues from U. S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Yes or No – if Yes then proceed to b. If No then stop. b. Does the public have access to information about the compensation of the executives in your entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986? Yes or No If answer to a is yes and b is no then provide the names and total compensation of the five most highly compensated officers: (1) ____________________________ $_________________________________ (2) ____________________________ $_________________________________ (3) ____________________________ $_________________________________ (4) ____________________________ $_________________________________ (5) ____________________________ $_________________________________ DU use only: Amount of the award/contract $ DU Award Number: Funding agency: Michigan Department of Natural Resources Catalog of Federal Domestic Assistance number: CFR 200.331-200.333 AUDIT CERTIFICATION FORM Organization Name: Contact Name: Title: Address: City: State: Zip Code: Phone: Fax: E-mail: Please complete the appropriate section below, save, print, and return the completed and signed Audit Certification form and the requested documentation to: Staff requesting this form should enter appropriate name, title, address, etc. information in this section Please identify which applies to your organization. I hereby certify that for the fiscal year ended (date): 1. The auditor’s report on financial data states that the audited information is fairly stated in all material respects; and 2. The administration of our federal projects has been audited in accordance with 2 CFR 200 Subpart F and there were no material instances of noncompliance with federal laws and regulations or reportable conditions; and 3. There were no findings of noncompliance in the audit report that are specifically related to the subrecipient award(s); and 4. Management has addressed the resolution of previous-year findings from prior audit reports if related to the subrecipient Auditor’s report filed on (date). The Data Collection Form (SF-SAC) has been electronically submitted to the FAC. We have completed our 2 CFR Subpart F Audit for the fiscal year ended (date), and material noncompliance issues and/or reportable conditions were noted. The Data Collection Form (SF-SAC) has been electronically submitted to the FAC. We have not completed our 2 CFR Subpart F Audit for the fiscal year ended (date). We expect the audit to be completed by (date). Upon completion of the 2 CFR Subpart F Audit, we will provide either the positive certifications outlined in the first option above and a copy of the report or a copy of the audit report and our response as required in 2 CFR Subpart F, §200.512(c). Our organization is not subject to the requirements of 2 CFR Subpart F Audit (complete both (a) and (b) below). a. Our organization is not subject to the requirements of 2 CFR Subpart F Audit because we: Did not receive $750,000 or more during the fiscal year. Are a for-profit organization. Are a non-U.S. based entity. Are exempt for other reasons (explain:) b. In lieu of a 2 CFR Subpart F Audit, we have enclosed: An audited financial statement. An independent auditor’s management letter. A copy of our latest IRS tax return. Other (explain): I hereby represent and warrant that the information listed above is true and accurate. Signature: ______________________________________________________________ Date: (Officer/Director/President of Organization) Form Agreement No. Subcontract No. Subcontract Amount Project Officer EXHIBIT C-2.—“Audit Certification Form” METHOD OF PAYMENT Select Your Preferred Method of Payment: ☐ Check ☐ ACH ☐ Wire Transfer Remit to Address for Check Payments: Company Name: Attention To: Address 1: Address 2: City, State, Zip code: Have you previously been paid by Ducks Unlimited via ACH or Wire Transfer? ☐ Yes ☐ No If you answered Yes above, has your ACH or wiring information changed from previous payments? ☐ Yes ☐ No Complete Ducks Unlimited’s EFT Authorization form if: 1. You would like to be set up to receive payment via ACH or Wire Transfer and have previously only received check payments from Ducks Unlimited. or 2. You wiring instructions have changed from previous ACH or Wire Transfers with Ducks Unlimited. Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 4 Department: Natural Resources and Environmental Sustainability From: Sarah Cook-Maylen, Chief – Natural Resources and Sustainability Subject: Mobile Planetarium Purchase INTRODUCTION AND HISTORY Oakland County Parks has operated two mobile planetariums, traditionally called StarLabs, across Oakland County for decades. Hundreds of classrooms and community programs engage with these units each year and they’re a very popular offering from the nature centers to teach all ages about the night sky. Additionally, they are the only mobile planetariums in Oakland County, making them more accessible for a variety of user groups and communities. While these two units have been well-utilized, they have reached the end of their usable lifespan and are running on outdated technology. The units rely on a specialty lightbulb that is no longer produced, and staff only have a handful left. To prevent an interruption in service and to keep providing this quality program to Oakland County residents, staff would like to purchase two new modern mobile planetariums. OCP staff worked with Oakland County purchasing to bid two new mobile planetarium units and a new vendor was selected, Digitalis. Staff are requesting approval to purchase these units utilizing the budgeted equity adjustment line item for the expenditure and a subsequent first quarter budget amendment. These costs include the software, tablet to run the software, projector, dome, and software support. STAFF RECOMMENDATION Staff recommends approval to purchase two new mobile planetarium units from Digitalis for an amount not to exceed $93,690. MOTION Motion to approve the purchase two new mobile planetarium units from Digitalis for an amount not to exceed $93,690 RETURN TO AGENDA Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 5 Department: Planning From: Donna Folland, Chief – Planning Subject: FY2025 Michigan DNR ORV Trail Improvement Fund Grant Agreement INTRODUCTION AND HISTORY Oakland County Parks (OCP) has applied and been approved for a grant from the Michigan Department of Natural Resources (MDNR) Off-Road Trail Improvement Program for $255,200. The grant will fund electrical service upgrades to Holly Oaks ORV Park with no match requirement. These service upgrades include 1,000-amp service, underground service lines, two step-down transformers, connection to existing panels and site preparation for future DC EV fast chargers. The MDNR ORV Trail Improvement Program has funded upgrades to the Holly Oaks ORV Park since FY2019. In FY2023, the program funded a new youth riding area and pavilion. The FY2024 grant to install restrooms at the park is still open. ATTACHMENTS 1.FY2025 ORV Trail Improvement Program grant agreement (25-067) STAFF RECOMMENDATION Staff recommends approval of the grant agreement for the FY2025 Michigan Department of Natural Resources Off-Road Vehicle Trail Improvement Program grant award of $255,200 for Holly Oaks ORV Park electrical services upgrades and forwarding of the grant agreement to the Oakland County Board of Commissioners for approval. MOTION Move to approve the grant agreement for the FY2025 Michigan Department of Natural Resources Off-Road Vehicle Trail Improvement Program grant award of $255,200 for Holly Oaks ORV Park electrical service upgrades and to forward to the Oakland County Board of Commissioners for approval. RETURN TO AGENDA Michigan Department of Natural Resources – Parks and Recreation Division OFF-ROAD VEHICLE TRAIL IMPROVEMENT FUND GRANT AGREEMENT #______________ By authority of Part 811 of the Natural Resources and Environmental Protection Act 1994 PA 451, as amended. 25-067 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, 2024 and ends on September 30, 2025. 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 $255,200.00. 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, 2025, 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 2025 ORV Trail Improvement Fund Grant Program application; the REVISED 2025 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:Donna Folland Address 2800 Watkins Lake Road City/State/Zip Waterford MI 48328- Phone:(248) 736-9087 Email:follandd@oakgov.com Fax: PR1990-4 (Rev. 06/14/2012)Page 1 of 3 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. CERTIFICATION 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. SPONSOR Authorized Name (Printed) Title (Printed) Signature Date DEPARTMENT State Trails Coordinator Authorized Name (Printed) Title (Printed) Signature Date PR1990-4 (Rev. 06/14/2012)Page 2 of 3 State of Michigan, Department of Natural Resources Parks and Recreation Division OFF-ROAD VEHICLE TRAIL IMPROVEMENT FUND GRANT AGREEMENT ATTACHMENT 1 25-067ORV Trail Improvement Fund Grant Number: Oakland County Parks and Recreation AmountScope of Work:Maintenance $255,200 Electrical Service Upgrades -Service upgrades to Holly Oaks ORV Park: 1000 amp serv ice, underground service lines, two step-down transformers, connection to existing panels and site preparation for future DC EV fast chargers 1 $255,200TOTAL: PR1990-4 (Rev. 06/14/2012)Page 3 of 3 Oakland County Parks and Recreation Commission Memo Agenda #: 6 Department: Administration From: Chris Ward, Director Subject: Waterford Oaks Wavepool Operations INTRODUCTION AND HISTORY  The Waterford Oaks Waterpark served as a popular recreational destination for countless Oakland County families over the nearly five decades since it was first opened in 1976. At its peak, the Waterpark attracted nearly 79,000 guests annually for summer fun and relaxation. Attendance this year was the lowest in the history of facility – 13,329 guests, despite record high temperatures throughout the summer. The steep decline in attendance at the Waterpark serves as an example of the consequences of disinvestment and deterioration of capital assets. Oakland County Parks experienced significant fiscal challenges throughout the decade of 2010-20 due to a combination of plummeting property values from the 2009 financial crisis, the cost of a county employee retirement incentive and a growing backlog of deferred maintenance projects at aging facilities. As a result, the Parks Commission was forced to make the difficult decision to remove key features at the Waterford Oaks Waterpark that were no longer safe. The removal of the mat slide in 2012 and the group raft ride in 2019 had an immediate impact on sales and guest satisfaction levels. These issues were compounded by the closure of the facility in 2020 due to Covid-19 mitigation rules and in 2021 due to pandemic related labor shortages. Thanks to an incredible effort by our staff, we were able to re-open the Waterford Oaks Wavepool in 2022. The results of the 2022, 2023, and 2024 seasons demonstrate that the removal of the waterpark features have resulted in an attraction that has very limited appeal to the public. Sales have dropped by more than 80% from peak levels. At the same time, operating costs have grown substantially due to inflating wage and commodity prices. As a result, we know that continued operation of the Waterford Oaks Wavepool will require an annual subsidy of $300,000-$400,000 a year, equaling $20 – 30 per ticket sold. It is difficult to draw any other conclusion than maintaining the status quo is unsustainable. The future of the facility and site has been the subject of a great deal of discussion and study for many years. These deliberations have not been successful primarily because the costs associated with any of the options are well beyond our financial means. In the interim, we have continued to operate the facility in the hope that a solution will be found. The results of the last three years indicate a wiser approach would be to cease operations while the Commission makes a final decision on the future of the site. RECOMMENDED MOTION  Move to direct staff to cease operations at the Waterford Oaks Wavepool until a final determination is made regarding the future of the site. RETURN TO AGENDA Oakland County Parks and Recreation Commission Memo Agenda #: 7 Department: Administration From: Chris Ward, Director Subject: Financial Framework for Millage Plan Implementation (FY2025) INTRODUCTION AND HISTORY  The outcome of the 2024 Oakland County Parks millage proposal will likely be known when the Commission meets on November 6th. As discussed at your last meeting, we have an opportunity to take advantage of overall cost savings and make a significant, visible impact in our communities by scaling up the budget for two ARPA project park locations to include future phases not funded under the Healthy Communities Plan. Per the direction the Commission provided at your October meeting, I have prepared a preliminary financial plan for the use of increased revenues we will receive in 2025 if the millage proposal is approved. The added 0.30 mill tax will generate approximately $24 million in property tax revenues annually and will begin to be collected with the Winter Tax bills levied in December. The following financial framework outlines a plan to convert the commitments made to the public during the millage election to action: SCALED-UP ARPA PROJECTS - $ 7 MILLION As discussed at your last meeting, an opportunity exists to take advantage of cost savings and reduced disruptions to park patrons by scaling up the ARPA projects planned for the McGillivray Play Garden at Red Oaks (Ambassador Park) and Oak Park Woods at Shepherd Park ($6.5 million). In addition to these projects, allocating an overall contingency of $ 1 million for the Healthy Communities projects underway at other locations will provide flexibility to adjust as opportunities arise and ensure that these investments are as impactful as possible. SPECIAL PARK IMPROVEMENT PROJECTS - $500,000 An additional $500,000 allocation to our FY 2025 Capital Improvement Plan for special park improvement projects would provide an opportunity for staff to develop proposals to complete small scale improvements at our parks that will demonstrate tangible results to the taxpayers and improve the experience of our guests. PROPERTY ACQUISITION - $5 MILLION Reserving $5 million will provide the Commission with the opportunity to pursue several property acquisition opportunities we have discussed in the past, including the OCC Highland Campus area, Huron River recreational access sites, and properties adjacent to existing county park locations. This $5M may or may not be spent in 2025 and could carry forward into future years. PARTNERSHIP AGREEMENTS - $3.5 MILLION RETURN TO AGENDA We have announced preliminary plans to partner with the City of Rochester Hills to jointly develop their Nowicki Park location and West Bloomfield Township to jointly develop their Pine Lake Park location. Discussions are also ongoing with the City of Farmington Hills and the Americana Foundation regarding Tollgate Farms in Novi. The $3.5 million assignment anticipates that agreements may be finalized for several of these projects and an upfront 50% payment will be needed to allow our partner agency to proceed. These are partnerships that would involve initial investment by Oakland County Parks to enhance park access and recreational opportunities, but would not be owned/operated by OCP. OPERATING BUDGET IMPACTS - $3 MILLION Expenditure and revenues in our operating budget will be impacted as we take steps to implement the commitments outlined in our millage proposal plan. Elimination of park entry fees will result in the reduction of approximately $750,000 in revenues annually with a portion of these losses offset by reduced operating expenses related to fee collection. New and expanded roles included in our millage plan will require adjustments to our workforce to ensure we have the knowledge and skills needed to succeed in these areas. Additional changes will also be needed for increased capacity as we ramp up capital improvement spending and pursue partnership opportunities. A conceptual staffing plan will be presented at your next meeting. Additional funding will also be needed for contractual services and consultants to develop the plans and studies necessary to move our projects and plans forward. FINANCIAL RESERVES - $5 MILLION Per our fiscal policies, we must maintain a financial reserve balance equal or greater than 25% of our operating budget expenditures. This amount will grow as we begin to expend the funds generated from the millage and plan for more/larger capital improvement projects. RECOMMENDED MOTION  Move to approve the Financial Framework for Millage Plan Implementation as outlined in the memorandum and the expenditure of $6,350,633 to complete Phase I and II at Red Oaks - McGillivray Play Garden ($3,390,465) and Oak Park Woods ($2,960,168) Healthy Communities projects. S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 27 28 29 30 30 31 S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 02 3 4 5 1 2 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 25 26 27 28 29 30 31 29 30 27 28 29 30 31 24 25 26 27 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 01 2 3 4 1 1 2 3 4 5 6 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30 OCPRC Meeting (Commission Room) - 2:00 p.m.OCPRC Budget Study Session - 2:00 p.m. OCPRC Meeting (Off-site: Springfield Oaks) - 2:00 p.m.Executive Committee Meeting - 1:00 p.m. OCPRC Meeting (Off-site: Red Oaks) - 1:00 p.m.County Holidays MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER 20 2 5 2025 Oakland County Parks & Recreation Commission Meeting Schedule JANUARY FEBRUARY MARCH APRIL 10/29/2024 D R A F T RETURN TO AGENDA Oakland County Parks and Recreation Commission Memo Agenda #: 9 Department: Administration From: Chris Ward, Director Subject: Annual Vehicle Permits/Daily Park Entry Fees INTRODUCTION AND HISTORY  The voters have overwhelmingly given their approval of our 2024 Millage Proposal. One of the commitments made in our millage place and in the proposal ballot language was to eliminate general park entry fees and the vehicle permit program. Staff would like to implement this change immediately. We feel that this would be a great way to thank the voters for their support and demonstrate our commitment to accomplishing the goals outlined in our plan. RECOMMENDED MOTION  Move to Authorize the Director to take the steps necessary to implement the elimination of the Annual Vehicle Permit program and the collection of Daily Park Entry fees at all county park locations and to revise the Park Access Permit Policy accordingly. RETURN TO AGENDA 2800 Watkins Lake Road, Waterford, MI 48328 248-858-0906 OaklandCountyParks.com Memo To: Parks and Recreation Commission From: Chris Ward Date: November 1, 2024 Re: Director’s Report Farmers Market Several recent articles regarding the County Executive’s plans for the redevelopment of the former Phoenix Center site in Pontiac have referenced a potential farmers market site. I have had a brief conversation with Deputy County Executive Sean Carlson about this and have asked that we be included in the discussions if their intention is to advocate for the relocation of the Oakland County Farmers Market to this site. Pontiac Camping Experience Pilot On October 12th and 13th, staff members from Groveland Oaks Campgrounds were pleased to host 9 family groups that had been identified and sponsored by the Rotary and Lions’ Clubs of Pontiac. We had a total of 45 participants that ranged in age from 8 to “well-seasoned” adults, almost all of whom had never been camping before. Guests stayed in 4 yurts and 4 cabins with one volunteer (grill master) bringing his camper to help facilitate group meals. The kids were pretty unanimous that the highlights of the weekend were fishing on Stewart Lake and driving the pedal carts…but of course the s’mores were a close third. Staff was pleased to host the new campers as part of our ongoing efforts to expand access to park resources. In this case, staff was able to adjust the winterization schedule to accommodate an additional weekend of fun at a minimal cost to park budgets, staffing allocations, and maintenance schedules. Removal of the Addison Oaks Water Tower A report from Donna Folland detailing the removal of the Addison Oaks Water Tower is attached. RETURN TO AGENDA PROJECT REVIEW Addison Oaks WATER TOWER Asset Future Determination Page 1 of 8 Update: October 29, 2024 Project Budget......................................................................................................................................................................... 1 Project Description .................................................................................................................................................................. 1 Site Characteristics .................................................................................................................................................................. 2 Appendix A – Project Maps ..................................................................................................................................................... 3 Appendix B – Existing Conditions Photos ................................................................................................................................ 4 Appendix C – Plan (1928) ........................................................................................................................................................ 5 Appendix D – Historical Significance Evaluation ..................................................................................................................... 6 Project Budget Project Description Problem Statement The Addison Water Tower was constructed in 1928 by the Chicago Bridge & Iron Works Builders to provide water for fire suppression at the Buhl Estate. The tower is a 50,000-gallon elevated tank constructed of riveted steel is 84’ high. The tower has been unused for many years, potentially after the following projects were completed:  9/30/1998 ACC Well CIP: 15-1988 WELL Cost: $17,255.02  9/30/1999 ACC Fire & Hydrant System CIP: 15-1999 C.C. Cost $41,972.26 According to the 2013 inspection report, the tower poses no imminent danger of collapse and could be left in place with continued structure inspections every 5 years. The condition of the primer and topcoat varies and provides fair to poor protection from corrosion. In some places, the paint has failed, and rust is starting to accumulate. Paint or other surface coatings that contain lead equal to or exceeding 5,000 parts per million (ppm) by weight are considered lead-based paints. The tank surface coatings were tested for lead: interior paint at 7,600 ppm and the exterior at 2,200 ppm. ID Budget Budget Center Fiscal Year Available Budget 1661 MMP ADD FY2025 Water Tower Asset Future Determination 30,000$ Project Costs Water Tower Demolition (Dixon Engineering)11,400$ 10% project contingency 1,200$ 12,600$ Approval Request Update MMP budget to not to exceed amount of: 12,600$ PROJECT REVIEW Addison Oaks WATER TOWER Asset Future Determination Page 2 of 8 Update: October 29, 2024 Project Scope Document historical information about the water tower, remove it, and restore the site.  Follow historian recommendations – see attached Appendix D – Historical Significance Evaluation. o “Based on the available options and the associated economic constraints, it appears that the removal of the water tower is the only viable option despite its historical significance”. Carol Bacak-Egbo, Historian  Take photos of the structural elements of the tower during its removal  Salvage the name plate and the finial and perhaps other small unique pieces of the tower which become evident on its removal  Integrate the history of the water tower with the existing narrative of the Buhl Estate  Place a sign at the site commemorating the tower and its history.”  Contract with qualified engineering firm to remove the water tower o Lead-paint coated steel to be tested and disposed of appropriately by contractor o Arrange with contractor to save the nameplate and possibly other specific artifacts from the demolition process o Use existing trail to access water tower – any needed vegetation clearing should be conducted in consultation with Natural Resources (NR) o Do work in November and December when Eastern Massasauga Rattlesnakes are dormant  Site restoration by NR Alternatives The 2013 inspection report identified 4 alternatives with estimated costs. Alternative 4 was selected due to lower cost and because the water tower is not used and not expected to be in use again. 1. $2,500/5 years Leave tower in current condition with structural inspections every 5 years 2. $70,000-$90,000 Paint the tower to maintain appearance and serve as a landmark 3. $125,000-$150,000 Restore tank to working condition and recoat 4. $12,000-$15,000 Take the tank down Site Characteristics  CVT: Addison Township  Parcel ID: 05-33-100-004  Watershed /subwatershed: Clinton River Watershed / Stony & Paint Creek Subwatershed  Lease: NA  Grant agreement: Multiple grant agreements. Project does not impact recreation purpose or compliance.  Eastern Massasauga Rattlesnake managed land: On managed land. Conduct all work in November-December when EMR is dormant  Conservation or wetland easement: NA  Environmental assessments and/or due care plan: NA  Utility easements: NA  Infrastructure: Location of underground pipes to the Buhl Estate are unknown and could be investigated  Trail connectivity: Tank is visible from Buhl Loop  Historical asset evaluation: Tank is more than 50 years old and historically significant. See Appendix D: Historical Evaluation PROJECT REVIEW Addison Oaks WATER TOWER Asset Future Determination Page 3 of 8 Update: October 29, 2024 Appendix A – Project Maps PROJECT REVIEW Addison Oaks WATER TOWER Asset Future Determination Page 4 of 8 Update: October 29, 2024 Appendix B – Existing Conditions Photos Photos below are from the 2013 structural inspection report 1 Original nameplate (2013) Exterior coating (2013) Exterior coating and rusting rivets (2013) Top of dome with finial and vent (2013) 1 SME Project no. 067301. Inspection report Addison Oaks 50,000-gallon elevated water storage tank. June 5, 2013. PROJECT REVIEW Addison Oaks WATER TOWER Asset Future Determination Page 5 of 8 Update: October 29, 2024 Appendix C – Plan (1928) PROJECT REVIEW Addison Oaks WATER TOWER Asset Future Determination Page 6 of 8 Update: October 29, 2024 Appendix D – Historical Significance Evaluation Asset Identification Park: Addison Oaks Budget center: ADD Asset name: Water Tower OCPR ID: ADDINF002 HISTORICAL CONTEXT Beginning in the late 1800s, water towers were built in cities and towns across the country, often becoming the tallest structure in the community. Besides cutting down on devastating fires they often became symbols of their communities and important landmarks. Therefore, it is not surprising that many communities have taken the steps necessary to have their water towers placed on the National Register of Historic Places. Of the thousands of historically significant items on the National Register approximately 100 are either water towers or tanks. One Michigan example is the Manistique Pumping Station in Manistique, Michigan which was built circa 1922 and in use until 1954. It now serves as the Schoolcraft County Museum, but it once housed a steel tank. Often attempts to save historic water towers have been unsuccessful, often due to economic concerns. For example, in 2023, there was an attempt to save the historic water tower in St. Clair Shores which was built in the 1920s. The city considered restoring it but ultimately decided to demolish the structure based on the expense ($400,000) it would require to accomplish that. HISTORY OF THE BUHL WATER TOWER In 1927 Lawrence Buhl purchased Section 33 in Addison Township of Oakland County and then hired the architect Robert O. Derrick to design a Tudor-style mansion and outbuildings to be built on the land. Historical records and elements of the design of the mansion strongly suggest that Lawrence Buhl had a fear of fire. For example, special chemical globes were placed in the attic for fire suppression and the materials used to construct the mansion itself were believed to be fire retardant. In addition, fire hydrants were placed around the mansion. It is believed the water tower was constructed to provide water for the hydrants as well as other methods of fire suppression. It is important to note that the nearby community of Lakeville had no fire department at the time. Recommendation Based on the available options and the associated economic constraints, it appears that the removal of the water tower is the only viable option despite its historical significance as described below. I recommend that photos be taken of the structural elements of the tower during its removal. I also recommend salvaging the name plate and the finial and perhaps other small unique pieces of the tower which become evident on its removal. In addition, I recommend that the history of the water tower be integrated with the existing narrative of the Buhl Estate. Finally, I recommend that in the future a sign be placed at the site commemorating the tower and its history. Age of Asset Is the asset more than 50 years old? Yes ☒ No ☐ Details: The Water Tower is approximately 100 years old. Historical Significance Criteria If the asset is more than 50 years old, answer the following questions to determine if it is historically significant. If one or more of the criteria below is checked, the asset is considered historically significant. PROJECT REVIEW Addison Oaks WATER TOWER Asset Future Determination Page 7 of 8 Update: October 29, 2024 Criterion A. Is the asset potentially associated with a pattern of events or a historic trend that made a significant contribution to the development of a community? Yes ☐ No ☒ Details: NA Criterion B. Can the asset be associated with individuals whose specific contributions to history can be identified or documented? Yes ☐ No ☒ Details: NA Criterion C. Does the asset embody distinctive characteristics of a type, period, or method of construction? Yes ☒ No ☐ Details: The Buhl Water Tower is locally significant under Criterion C as an excellent example of steel elevated water tower engineering and design in the early 1900s. It is also significant for its construction by the Chicago Bridge and Iron Co., well known for their construction of innovative elevated water towers from the 1890s to the 1940s. The water tower is also significant in the fact that it provided water for a country estate not a community or factory which were the common locations of water towers. It is important to note, however, that the water tower itself was not an architecturally associated structure on the estate. In other words, it was inconsistent with the Tudor design of the mansion and its outbuildings. In addition, because of its location and the difficulty in connecting it to park history, few park visitors seem to notice it. Criterion D. Does the asset have, or did it formerly have, information to contribute to our understanding of human history or prehistory? Yes ☐ No ☒ Details: NA Is the asset historically significant? Yes ☒ No ☐ Integrity of Historically Significant Assets If the asset is historically significant, does the asset have the ability to convey its historical significance? Yes ☒ No ☐ Comment on the following aspects of integrity:  Location: The Buhl Water Tower retains a high degree of integrity of location because this it remains in the same place where it was built in 1928 and where it originally served as fire protection. It has remained a landmark of the Buhl Estate for nearly 100 years.  Design: The structure retains moderate to good integrity of design because the original design of the water tower as it was built in 1928 is still largely intact except for the addition of a ladder, the painting of the tank in a different color than it had originally and possible minor changes when the Buhl family owned the Estate.  Setting: The structure retains good integrity of setting because the estate has essentially remained the same since the water tower was added.  Materials: The structure retains good integrity of materials because it retains the original steel, concrete and other materials that were used in its construction including the original name plate and finial.  Workmanship: The structure retains good integrity of workmanship, with the water tower conveying the original riveted steel design as built in 1928 by the Chicago Bridge and Iron Co. with the assistance of local contractors.  Feeling: The structure retains good integrity of feeling, with the water tower able to convey the aesthetic and historic sense of an early 1900s elevated water tower that was part of an historically significant estate.  Association: The structure retains a high degree of integrity of association because it provides a direct link to Lawrence Buhl and the estate he built. It reflects his fear of fire and his determination to provide a PROJECT REVIEW Addison Oaks WATER TOWER Asset Future Determination Page 8 of 8 Update: October 29, 2024 method of fire suppression. The view of the water tower and the Buhl Mansion remains essentially the same as it has been for nearly 100 years. Evaluation conducted by: Name: Carol Bacak-Egbo Title: Historian Date: 10/5/2024 Oakland County Parks and Recreation Upcoming Events – November 2024 Active Adults November 8 Trail Blazer – Waterford Oaks November 21 Fireside Chat – Caretakers of the Land-Tracing Indigenous History in Oakland County Adaptive November 8 Hoedown Social - Novi Mobile Recreation November 3 Bleachers - Notre Dame Prep Football November 3 Putt It - Huntington Woods P&R Glow Night November 17 Stage - Village of Rochester Hills Event November 20 Stage - Rochester DDA Lagniappe Downtown Rochester November 27 Stage - Madison Heights P&R Christmas Tree Lighting at City Hall November 29 Light Towers - OCPRC – Waterford Farmers Market Nature Education Field Trips & Birthday Parties November 2 Henry’s 6th Birthday Party – Red Oaks Nature Center November 7 Southfield Parks and Rec Nature Hike – Red Oaks Nature Center November 9 Daisy Troop #78184 Field Trip – Red Oaks Nature Center November 9 Bear’s Den 6, Pack #291 Fieldtrip – Wint Nature Center November 9 Molly’s 3rd Birthday Party – Red Oaks Nature Center November 10 Opal’s 5th Birthday Party – Red Oaks Nature Center November 20 Macomb Int School District Field Trip – Red Oaks Nature Center November 22 Mary’s Mom and Tots Field Trip – Red Oaks Nature Center November 30 Elliott and Camaren’s Birthday Party – Red Oaks Nature Center November 30 Minty’s Birthday Party – Red Oaks Nature Center Homeschool Series November 14 Fossil Formation – Red Oaks Nature Center November 20 Fossil Formation - Wint Nature Center Public Nature Programs November 1 Morning Munchkins – Red Oaks Nature Center November 7 ECHO Program – Wint Nature Center November 8 Puddle Jumpers – Wint Nature Center November 8 Playful Yoga & Soundbath – Red Oaks Nature Center November 8 Trailblazers – Wint Nature Center November 14 ECHO Program – Wint Nature Center November 16 Wizarding Star Party – Wint Nature Center November 21 ECHO Program – Wint Nature Center November 23 Michigan’s Native American Heritage Program – Red Oaks Nature Center Oakland County Parks and Recreation Upcoming Events – November 2024 Oakland County Market November 13 Gleaners Food Distribution November 27 Gleaners Food Distribution Springfield Oaks Mon-Thurs Pickle Ball November 1-3 Early Voting November 9 Bounce Olympics November 10 Blackhawks Football Banquet November 13-15 Camp Scrap November 23-24 BeSpoke Market Special Events November 11 Free Park Entry Day November 28 Free Park Entry Day