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HomeMy WebLinkAboutResolutions - 2024.11.21 - 41706 AGENDA ITEM: Grant Acceptance from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) for the Community Energy Management (CEM) Grant DEPARTMENT: Office of Sustainability MEETING: Board of Commissioners DATE: Thursday, November 21, 2024 1:46 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4693 Motion to accept the Michigan Department of Environment, Great Lakes, and Energy Community Energy Management (CEM) Grant in the amount of $100,000 for a term ending August 31, 2026; further, authorize the Chair of the Board of Commissioners to execute the agreement; further, authorize the Office of Sustainability to administer the grant contract; further, amend the FY 2025 budget as detailed in the attached Schedule A - Budget Amendment. ITEM CATEGORY SPONSORED BY Grant Yolanda Smith Charles INTRODUCTION AND BACKGROUND The Michigan Department of Environment, Great Lakes, and Energy (EGLE) is responsible for carrying out the US Department of Energy's State Energy Programs. These programs focus on the adoption and implementation of energy waste reduction and renewable energy activities. EGLE has awarded Oakland County $100,000 through the Community Energy Management (CEM) grant to advance the campus energy study, and use results of the study to improve energy efficiency upgrades to interior lighting, HVAC systems, windows, and electrical systems. The Office of Sustainability is partnering with the Facilities, Maintenance, and Operations Department to advance the comprehensive energy study of Oakland County owned and operated facilities located on the County campus. This energy study is a critical first step for informing the future electrical, energy and sustainability projects that follow. The data developed during this study will provide the necessary energy audit information to immediately begin the design and engineering of replacing the electrical feeders that serve the entirety of the County’s campus. This study supports the County’s mission to achieve net zero carbon emissions by 2050 with an interim benchmark of 50% carbon emission reduction by 2035. The Office of Sustainability applied for the Community Energy Management Grant with the State of Michigan, Department of Environment Great Lakes and Energy (EGLE) in the amount of $100,000 (Resolution #2024-4110). POLICY ANALYSIS Acceptance of this grant funding does not obligate the County to any future commitment, and continuation of this program is contingent upon future levels of grant funding. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Erin Quetell, Environmental Sustainability Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 11/21/2024 AGENDA DEADLINE: 11/21/2024 9:30 AM ATTACHMENTS 1. Sustainability - FY2025 CEM Acceptance (Schedule A-Budget Amendment) 2. EGLE CEM Grant Agreement 3. EGLE CEM_SIGNATURE PAGE COMMITTEE TRACKING 2024-11-13 Economic Development & Infrastructure - Forward to Finance 2024-11-13 Finance - Recommend to Board 2024-11-21 Full Board - Adopt Motioned by: None Seconded by: None Yes: None (0) No: None (0) Abstain: None (0) Absent: (0) Oakland County, Michigan OFFICE OF SUSTAINABILITY/ACCEPTANCE OF THE FY 2025 Community Energy Management (CEM) GRANT Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND) Cost Center (CCN) # Account # (RC/SC) Program # (PRG)Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2025 Amendment FY 2026 Amendment FY 2027 Amendment R Other Grants Sustainability FND11011 CCN1010901 RC610313 PRG140015 GRN-1004579 610000 Federal Operating Grants 100,000 -- Total Revenues $100,000 $-$- E Other Grants Sustainability FND11011 CCN1010901 SC731458 PRG140015 GRN-1004579 730000 Professional Services $100,000 $-$- Total Expenditures $100,000 $-$- Michigan.gov/EGLE Page 1 of 23 EQP1030 (Rev. 5/2022) COMMUNITY ENERGY MANAGEMENT GRANT AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY AND OAKLAND COUNTY This Grant Agreement (“Agreement”) is made between the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Materials Management Division (“State"), and Oakland County ("Grantee"). The purpose of this Agreement is to provide funding in exchange for work to be performed for the project named below. Legislative appropriation of Funds for grant assistance is set forth in Public Act No. 0166 of 2022 This Agreement is subject to the terms and conditions specified herein. PROJECT INFORMATION: Project Name: Municipal Campus Energy Efficiency Upgrades Project #: MEO-24-040 Amount of grant: $100,000.00 % of grant state 0 / % of grant federal 100 Amount of match: $0 = 0% PROJECT TOTAL: $100,000.00 (grant plus match) Start Date (executed by EGLE): End Date: 8/31/2026 GRANTEE CONTACT INFORMATION: Name/Title: Erin Quetell, Chief Sustainability Officer Organization: Oakland County Address: Executive Office Building 41 W. 2100 Pontiac Lake Rd. City, State, ZIP: Waterford, MI. 48328 Phone Number: 248-600-9001 Fax Number: N/A E-Mail Address: quetelle@oakgov.com Federal ID Number (Required for Federal Funding): 386004867 Grantee DUNs/UEI Number (Required for Federal Funding): HZ4EUKDD7AB4 SIGMA Vendor Number: CV0048080 Michigan.gov/EGLE Page 2 of 23 EQP1030 (Rev. 5/2022) STATE’S CONTACT INFORMATION: Name/Title: Cody Evans, Departmental Analyst Division/Bureau/Office: Materials Management Division (MMD) Address: Constitution Hall, 525 W. Allegan St City, State, ZIP: Lansing, MI. 48909 Phone Number: 517-930-4755 Fax Number: N/A E-Mail Address: evansc26@michigan.gov The individuals signing below certify by their signatures that they are authorized to sign this Agreement on behalf of their agencies and that the parties will fulfill the terms of this Agreement, including any attached appendices, as set forth herein. FOR THE GRANTEE: David T. Woodward, Board of Commissioners Chairman Signature Name/Title Date FOR THE STATE: Elizabeth M. Browne, Director, MMD Signature Name/Title Date 11/06/24 Michigan.gov/EGLE Page 3 of 23 EQP1030 (Rev. 5/2022) I. PROJECT SCOPE This Agreement and its appendices constitute the entire Agreement between the State and the Grantee and may be modified only by written agreement between the State and the Grantee. (A) The scope of this project is limited to the activities specified in Appendix A and such activities as are authorized by the State under this Agreement. Any change in project scope requires prior written approval in accordance with Section III, Changes, in this Agreement. (B) By acceptance of this Agreement, the Grantee commits to complete the project identified in Appendix A within the time period allowed for in this Agreement and in accordance with the terms and conditions of this Agreement. II. AGREEMENT PERIOD Upon signature by the State, the Agreement shall be effective from the Start Date until the End Date on page 1. The State shall have no responsibility to provide funding to the Grantee for project work performed except between the Start Date and the End Date specified on page 1. Expenditures made by the Grantee prior to the Start Date or after the End Date of this Agreement are not eligible for payment under this Agreement. III. CHANGES Any changes to this Agreement other than budget line-item revisions less than five percent of the budget line item shall be requested by the Grantee or the State in writing and implemented only upon approval in writing by the State. The State reserves the right to deny requests for changes to the Agreement or to the appendices. No changes can be implemented without approval by the State. IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS The Grantee shall submit deliverables and follow reporting requirements specified in Appendix A of this Agreement. (A) The Grantee must complete and submit financial and progress reports according to a form and format prescribed by the State and must include supporting documentation of eligible project expenses. These reports shall be due according to the following: Reporting Period Due Date January Feb 28 or 29 February March 31 March April 30 April May 31 May June 30 June July 31 July August 31 Michigan.gov/EGLE Page 4 of 23 EQP1030 (Rev. 5/2022) August Sept 30 September Before October 15* October November 30 November December 31 December January 31 *Due to the State’s year-end closing procedures, there will be an accelerated due date for the report covering July 1 – September 30. Advance notification regarding the due date for the quarter ending September 30 will be sent to the Grantee. If the Grantee is unable to submit a report in early October for the quarter ending September 30, an estimate of expenditures through September 30 must be submitted to allow the State to complete its accounting for that fiscal year. The forms provided by the State shall be submitted to the State’s contact at the address on page 1. All required supporting documentation (invoices, proof of payment, etc.) for expenses must be included with the report. (B) The Grantee shall provide a final project report in a format prescribed by the State. The Grantee shall submit the final status report, including all supporting documentation for expenses, along with the final project report and any other outstanding products within 30 days from the End Date of the Agreement. V. GRANTEE RESPONSIBILITIES (A) The Grantee agrees to abide by all applicable local, state, and federal laws, rules, ordinances, and regulations in the performance of this grant. (B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of this grant is not a guarantee of permit approval by the State. (C) The Grantee shall be solely responsible to pay all applicable taxes and fees, if any, that arise from the Grantee’s receipt or execution of this grant. (D) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and coordination of all designs, drawings, specifications, reports, and other services submitted to the State under this Agreement. The Grantee shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in drawings, designs, specifications, reports, or other services. (E) The State’s approval of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the technical adequacy of the work. The State’s review, approval, acceptance, or payment for any of the services shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with the State for the purpose of obtaining this Agreement or any payment under the Agreement, and that Michigan.gov/EGLE Page 5 of 23 EQP1030 (Rev. 5/2022) any such filing may subject the Grantee, its agents, and/or employees to criminal and civil prosecution and/or termination of the grant. VI. USE OF MATERIAL Unless otherwise specified in this Agreement, the Grantee may release information or material developed under this Agreement, provided it is acknowledged that the State funded all or a portion of its development. The State, and federal awarding agency, if applicable, retains a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, and use in whole or in part, and authorize others to do so, any copyrightable material or research data submitted under this grant whether or not the material is copyrighted by the Grantee or another person. The Grantee will only submit materials that the State can use in accordance with this paragraph. VII. ASSIGNABILITY The Grantee shall not assign this Agreement or assign or delegate any of its duties or obligations under this Agreement to any other party without the prior written consent of the State. The State does not assume responsibility regarding the contractual relationships between the Grantee and any subcontractor. VIII. SUBCONTRACTS The State reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform any portion of the project. The Grantee is solely responsible for all contractual activities performed under this Agreement. Further, the State will consider the Grantee to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be subject to the provisions of this Agreement and shall be qualified to perform the duties required. IX. NON-DISCRIMINATION The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state, and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, or physical or mental disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. The Grantee agrees to include in every subcontract entered into for the performance of this Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of this Agreement. X. UNFAIR LABOR PRACTICES The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended, MCL 423.321 et seq. Michigan.gov/EGLE Page 6 of 23 EQP1030 (Rev. 5/2022) XI. LIABILITY (A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or costs arising out of activities to be carried out by the Grantee under this Agreement, if the liability is caused by the Grantee, or any employee or agent of the Grantee acting within the scope of their employment or agency. (B) Nothing in this Agreement should be construed as a waiver of any governmental immunity by the Grantee, the State, its agencies, or their employees as provided by statute or court decisions. XII. CONFLICT OF INTEREST No government employee, or member of the legislative, judicial, or executive branches, or member of the Grantee’s Board of Directors, its employees, partner agencies, or their families shall benefit financially from any part of this Agreement. XIII. ANTI-LOBBYING If all or a portion of this Agreement is funded with federal funds, then in accordance with 2 CFR 200, as appropriate, the Grantee shall comply with the Anti-Lobbying Act, which prohibits the use of all project funds regardless of source, to engage in lobbying the state or federal government or in litigation against the State. Further, the Grantee shall require that the language of this assurance be included in the award documents of all subawards at all tiers. If all or a portion of this Agreement is funded with state funds, then the Grantee shall not use any of the grant funds awarded in this Agreement for the purpose of lobbying as defined in the State of Michigan’s lobbying statute, MCL 4.415(2). “‘Lobbying’ means communicating directly with an official of the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative or administrative action.” The Grantee shall not use any of the grant funds awarded in this Agreement for the purpose of litigation against the State. Further, the Grantee shall require that language of this assurance be included in the award documents of all subawards at all tiers. XIV. DEBARMENT AND SUSPENSION By signing this Agreement, the Grantee certifies that it has checked the federal debarment/suspension list at www.SAM.gov to verify that its agents, 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 the state. (2) Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, as defined in 45 CFR 1185; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Michigan.gov/EGLE Page 7 of 23 EQP1030 (Rev. 5/2022) (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 subsection (2). (4) Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. (5) Will comply with all applicable requirements of all other state or federal laws, executive orders, regulations, and policies governing this program. Each eligible applicant must obtain a Unique Entity Identifier (UEI) and maintain an active registration with the Federal System for Award Management (SAM). The SAM website is: www.SAM.gov. XV. AUDIT AND ACCESS TO RECORDS The State reserves the right to conduct a programmatic and financial audit of the project, and the State may withhold payment until the audit is satisfactorily completed. The Grantee will be required to maintain all pertinent records and evidence pertaining to this Agreement, including grant and any required matching funds, in accordance with generally accepted accounting principles and other procedures specified by the State. The State or any of its duly authorized representatives must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. The Grantee will provide proper facilities for such access and inspection. All records must be maintained for a minimum of seven years after the final payment has been issued to the Grantee by the State. XVI. INSURANCE (A) The Grantee must maintain insurance or self-insurance that will protect it from claims that may arise from the Grantee’s actions under this Agreement. (B) The Grantee must comply with applicable workers’ compensation laws while engaging in activities authorized under this Agreement. XVII. OTHER SOURCES OF FUNDING The Grantee guarantees that any claims for reimbursement made to the State under this Agreement must not be financed by any source other than the State under the terms of this Agreement. If funding is received through any other source, the Grantee agrees to delete from Grantee's billings, or to immediately refund to the State, the total amount representing such duplication of funding. XVIII. COMPENSATION (A) A breakdown of costs allowed under this Agreement is identified in Appendix A. The State will pay the Grantee a total amount not to exceed the amount on page 1 of this Agreement, in accordance with Appendix A, and only for expenses incurred and paid. All other costs necessary to complete the project are the sole responsibility of the Grantee. (B) Expenses incurred by the Grantee prior to the Start Date or after the End Date of this Agreement are not allowed under the Agreement. Michigan.gov/EGLE Page 8 of 23 EQP1030 (Rev. 5/2022) (C) The State will approve payment requests after approval of reports and related documentation as required under this Agreement. (D) The State reserves the right to request additional information necessary to substantiate payment requests. (E) Payments under this Agreement may be processed by Electronic Funds Transfer (EFT). The Grantee may register to receive payments by EFT at the SIGMA Vendor Self Service web site (https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService). XIX. CLOSEOUT (A) A determination of project completion, which may include a site inspection and an audit, shall be made by the State after the Grantee has met any match obligations, satisfactorily completed the activities, and provided products and deliverables described in Appendix A. (B) Upon issuance of final payment from the State, the Grantee releases the State of all claims against the State arising under this Agreement. Unless otherwise provided in this Agreement or by State law, final payment under this Agreement shall not constitute a waiver of the State’s claims against the Grantee. (C) The Grantee shall immediately refund to the State any payments in excess of the costs allowed by this Agreement. XX. CANCELLATION This Agreement may be canceled by the State, upon 30 days written notice, due to Executive Order, budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual agreement by the State and Grantee. The State may honor requests for just and equitable compensation to the Grantee for all satisfactory and eligible work completed under this Agreement up until 30 days after written notice, upon which time all outstanding reports and documents are due to the State and the State will no longer be liable to pay the grantee for any further charges to the grant. XXI. TERMINATION (A) This Agreement may be terminated by the State as follows. (1) Upon 30 days written notice to the Grantee: a. If the Grantee fails to comply with the terms and conditions of the Agreement, or with the requirements of the authorizing legislation cited on page 1, or the rules promulgated thereunder, or other applicable law or rules. b. If the Grantee knowingly and willingly presents false information to the State for the purpose of obtaining this Agreement or any payment under this Agreement. c. If the State finds that the Grantee, or any of the Grantee’s agents or representatives, offered or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of the State in an attempt to secure a subcontract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Agreement. Michigan.gov/EGLE Page 9 of 23 EQP1030 (Rev. 5/2022) d. If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in the register of persons engaging in unfair labor practices that is compiled by the Michigan Department of Licensing and Regulatory Affairs or its successor. e. During the 30-day written notice period, the State shall withhold payment for any findings under subparagraphs a through d, above and the Grantee will immediately cease charging to the grant and stop earning match for the project (if applicable). (2) Immediately and without further liability to the State if the Grantee, or any agent of the Grantee, or any agent of any subcontract is: a. Convicted of a criminal offense incident to the application for or performance of a State, public, or private contract or subcontract; b. Convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; c. Convicted under State or federal antitrust statutes; or d. Convicted of any other criminal offense that, in the sole discretion of the State, reflects on the Grantee’s business integrity. e. Added to the federal or state Suspension and Debarment list. (B) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a portion of funds received under this Agreement. XXII. IRAN SANCTIONS ACT By signing this Agreement, the Grantee is certifying that it is not an Iran linked business, and that its contractors are not Iran linked businesses, as defined in MCL 129.312. XXIII. PREVAILING WAGE This project is subject to the Davis-Bacon Act, 40 U S C 276a, et seq, which requires that prevailing wages and fringe benefits be paid to contractors and subcontractors performing on federally funded projects over $2,000 for the construction, alteration, repair (including painting and decorating) of public buildings or works. Michigan.gov/EGLE Page 10 of 23 EQP1030 (Rev. 5/2022) PROJECT-SPECIFIC REQUIREMENTS – APPENDIX A GRANTEE: Oakland County PROJECT NUMBER: MEO-24-040 FEDERAL GRANT AWARD #: DE-EE0010079 FEDERAL GRANT DETAIL: Community Energy Management Program CFDA Name and #: State Energy Program BIL 81.041 Federal Award Project Description: The State Energy Program (SEP) provides grants to states and directs funding to state energy offices from technology programs in DOE’s Office of Energy Efficiency and Renewable Energy. States use grants to address their energy priorities and program funding to adopt emerging renewable energy and energy efficiency programs. 1. Statement of Purpose The Michigan Department of Environment, Great Lakes, and Energy is responsible for carrying-out the U.S. Department of Energy’s State Energy Programs. These programs focus on the adoption and implementation of energy waste reduction and renewable energy activities. Energy Services, on behalf of the Grantor, will serve as the grantee’s primary contact and will negotiate all conditions of this grant. 1.1. Statement of Work The Grantee agrees to undertake, perform, and complete the following project: The County of Oakland will use the results of an ongoing campus energy study to identify opportunities for energy and cost savings. Much of the county-owned buildings on the campus have identified the need for energy efficiency upgrades to interior lighting, HVAC systems, windows, and electrical systems. A. Using the energy study results, perform energy efficient improvements such as upgrading interior lighting, HVAC systems, windows, and electrical systems. B. Document the disposal process of materials generated during this project, including volumes of materials recycled and disposed of, and any challenges encountered. 1.2. Detailed Budget Changes in Budget of less than 5% of the total line-item amount do not require prior written approval, but Grantee must provide notice to the Grant Manager. Changes in Budget equal to or greater than 5% of the total line-item amount will be allowed only upon prior review and written approval by the Grant Manager. A formal grant amendment must be signed by both the Grantor and Grantee. A. If applicable, travel expenses will not be reimbursed at rates greater than the State Travel Rates, Attachment B, without prior written consent of the Grant Administrator. B. Attachment A is the Project Budget. The grantee agrees that all funds shown in the Budget are to be spent as detailed in the Budget. C. The Indirect Cost Rate applicable for this grant award is 0%. D. Any single piece of equipment over $5,000 will require a Lien or Uniform Commercial Code (UCC). Michigan.gov/EGLE Page 11 of 23 EQP1030 (Rev. 5/2022) 1.3. Reporting and Payment Requests A. Progress Reports – The Grantee shall monitor performance to assure that time schedules are being met and projected work by time period is being accomplished. i. The Grantee shall submit Monthly progress reports using the reporting form provided by the Grant Manager. ii. These reports shall be due according to the table in Part IV of this Agreement. B. Final Report – The Final Report will include the following information: i. A summary of the project, including activities, outcomes, metrics, the implementation plan and any deviations from the original project as proposed, as well as any relevant next steps. ii. Coordinated efforts with other organizations to complete the project. iii. Financial expenditures of grant money and other contributions to the project, in-kind and/or direct funding. iv. Submission of signed closeout documents, provided by Grantor. C. Payment Requests i. The Grantee shall submit project expenses monthly for reimbursement. ii. The following documentation must be submitted in order for the Grantee to receive their reimbursement: a) Financial Status Report (FSR) – a Financial Status Report document will be provided at the start of the grant project. The Grantee shall use this document to track the spending of grant and match funds, and to summarize their reimbursement request. In order to receive a reimbursement, the grantee will be required to sign the FSR document. b) Personnel and Fringe Expenses – an internal Payroll report detailing the employee’s name or classification, hours, payrate, and fringe benefit details if applicable. If no internal payroll report is available, a spreadsheet detailing the above information. c) Contractual, Supplies & Materials, Other Direct Costs – An itemized invoice or receipt from the vendor/contractor and proof of payment of the expense. Proof of payment shall be in the form of a cancelled check, bank statement, or other ACH payment. For more information regarding proof of payment documentation, contact your Grant Manager. d) Equipment Expenses – Any equipment expenses more than $5,000 will require The Michigan Department of Environment Great Lakes and Energy (EGLE) be listed on a Lien or Uniform Commercial Code (UCC) for 5 years, or until the equipment depreciates to less than $5,000, whichever comes first. e) Travel Expenses – Travel Expenses must follow the State of Michigan Travel Rates outlined in Attachment B of this document. Any reduced reimbursement due to the State of Michigan Travel Rates may be used toward the Match Requirement if applicable. iii. If 15% or more of the grant is expended in a single quarter, payment requests may be submitted monthly instead of quarterly. iv. The Grantee must be up to date on all Progress Reporting Requirements to receive reimbursement. Michigan.gov/EGLE Page 12 of 23 EQP1030 (Rev. 5/2022) 1.4. Option to Renew This Agreement may be renewed for up to two (2) additional one-year periods. Renewal must be by written agreement, signed by the Grantor and Grantee, and will automatically extend the Term of this Agreement. 2. General Provisions 2.1. Project Income To the extent that it can be determined that interest was earned on advances of funds, such interest shall be remitted to the Grantor. All other program income shall either be added to the project budget and used to further eligible program objectives or deducted from the total program budget for the purpose of determining the amount of reimbursable costs. The final determination shall be made by the Grant Administrator. 2.2. Share-in-savings The Grantor expects to share in any cost savings realized by the Grantee. Therefore, final Grantee reimbursement will be based on actual expenditures. Additional exceptions must be approved in writing by the Grant Administrator. 2.3. Purchase of Equipment The purchases of equipment not specifically listed in the Budget, Attachment A, must have prior written approval of the Grant Administrator. Equipment is defined as non-expendable personal property having a useful life of more than one year and a true value of $5,000 or more. Such equipment shall be retained by the Grantee unless otherwise specified at the time of approval. All equipment purchased with grant funds shall comply with applicable law, including regulations contained in 2 CFR Part 200 as amended by 2 CFR Part 910, 10 CFR Part 420 and other procedures applicable to this regulation as DOE may, from time-to-time, prescribe for the administration of financial assistance. To the greatest extent practicable, all equipment and products purchased with funds made available under this award should be Michigan-made as a first choice, or American- made. 2.4. Accounting The Grantee shall adhere to the Generally Accepted Accounting Principles and maintain records which will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. The Grantee’s overall financial management system must ensure effective control over and accountability for all funds received. Accounting records must be supported by source documentation including, but not limited to, balance sheets, general ledgers, time sheets and invoices. The expenditure of state funds shall be reported by line item and compared to the Budget. 2.5. Competitive Bidding The Grantee agrees that all procurement transactions involving the use of state funds shall be conducted in a manner that provides maximum open and free competition. When competitive selection is not feasible or practical, the Grantee agrees to obtain written approval of the Grant Administrator before making a sole source selection. Sole source contracts should be negotiated to the extent that negotiation is possible. Michigan.gov/EGLE Page 13 of 23 EQP1030 (Rev. 5/2022) 3. Materials and Information 3.1. Intellectual Property License to Grantor Grantee grants to the Grantor a non-exclusive, royalty-free, site-wide, irrevocable, transferable license to use the Deliverables and related documentation according to the terms and conditions of this Agreement. For the purposes of this license, “site-wide” includes any State of Michigan office regardless of its physical location. The Grantor may modify the Deliverable and may combine the Deliverable with other programs or materials to form a derivative work. The Grantor will own and hold all copyright, trademarks, patent, and other intellectual property rights in any derivative work, excluding any rights or interest in Deliverable other than those granted in this Agreement. The Grantor may copy each Deliverable to multiple hard drives or networks unless otherwise agreed by the parties. The Grantor will make and maintain no more than one archival copy of each Deliverable, and each copy will contain all legends and notices and will be subject to the same conditions and restrictions as the original. The Grantor may also make copies of the Deliverable in the course of routine backups for the purpose of recovery of contents. 3.2. Media Releases and Publications New releases (including promotional literature and commercial advertisements) pertaining to the Grant or project to which it relates must not be made without prior written State approval, and then only in accordance with the explicit written instructions of the State. An acknowledgement of DOE and Energy Services support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project, as follows: Acknowledgement: “This material is based upon work supported by the Department of Energy and the Michigan Department of Environment, Great Lakes and Energy under Award Number(s) DE- EE0010079.” Disclaimer: “This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumed any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.” 3.3. Website Incorporation The State is not bound by any content on the Grantee’s website unless expressly incorporated directly into this Grant Agreement. Michigan.gov/EGLE Page 14 of 23 EQP1030 (Rev. 5/2022) 4. Other Provisions 4.1. Safety The Grantee, and all subgrantees are responsible for ensuring that all precautions are exercised at all times for the protection of persons and property. Safety provisions of all Applicable Laws and building and construction codes shall be observed. The Grantee, and every subgrantee, are responsible for compliance with all federal, state and local laws and regulations in any manner affecting the work or performance of this Agreement and shall at all times carefully observe and comply with all rules, ordinances, and regulations. The Grantee, and all subgrantees, shall secure all necessary certificates and permits from municipal or other public authorities as may be required in connection with the performance of this agreement. 4.2. General Indemnification Inasmuch as each party to this grant is a governmental entity of the State of Michigan, each party to this grant must seek its own legal representation and bear its own costs; including judgments, in any litigation which may arise from the performance of this grant. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. 4.3. Force Majeure Neither party will be in breach of this Grant because of any failure arising from any disaster or acts of god that are beyond their control and without their fault or negligence. Each party will use commercially reasonable efforts to resume performance. Grantee will not be relieved of a breach or delay caused by its subgrantees. If immediate performance is necessary to ensure public health and safety, the State may immediately Grant with a third party. 4.4. Governing Law This Grant is governed, construed, and enforced in accordance with Michigan law, excluding choice- of-law principles, and all claims relating to or arising out of this Grant are governed by Michigan law, excluding choice-of-law principles. Any dispute arising from this Grant must be resolved in Michigan Court of Claims. Grantee consents to venue in Ingham County, and waives any objections, such as lack of personal jurisdiction or forum non conveniens. Grantee must appoint agents in Michigan to receive service of process. 4.5. Disclosure of Litigation, or Other Proceeding Grantee must notify the State within 14 calendar days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively, “Proceeding”) involving Grantee, a subgrantee, or an officer or director of Grantee or subgrantee, that arises during the term of the Grant, including: (a) a criminal Proceeding; (b) a parole or probation Proceeding; (c) a Proceeding under the Sarbanes-Oxley Act; (d) a civil Proceeding involving: (1) a claim that might reasonably be expected to adversely affect Grantee’s viability or financial stability; or (2) a governmental or public entity’s claim or written allegation of fraud; or (e) a Proceeding involving any license that Grantee is required to possess in order to perform under this Grant. 4.6. Dispute Resolution The parties will endeavor to resolve any Grant dispute in accordance with this provision. The dispute will be referred to the parties' respective Grant Administrators or Program Managers. Such referral must include a description of the issues and all supporting documentation. The parties must submit Michigan.gov/EGLE Page 15 of 23 EQP1030 (Rev. 5/2022) the dispute to a senior executive if unable to resolve the dispute within 15 business days. The parties will continue performing while a dispute is being resolved unless the dispute precludes performance. A dispute involving payment does not preclude performance. Litigation to resolve the dispute will not be instituted until after the dispute has been elevated to the parties’ senior executive and either concludes that resolution is unlikely or fails to respond within 15 business days. The parties are not prohibited from instituting formal proceedings: (a) to avoid the expiration of statute of limitations period; (b) to preserve a superior position with respect to creditors; or (c) where a party makes a determination that a temporary restraining order or other injunctive relief is the only adequate remedy. This Section does not limit the State’s right to terminate the Grant. 4.7. Recapture The Grantee is hereby notified and hereby acknowledges that the Grant is subject to recapture and that the Grantee will incur an Obligation to repay the Grant (the “Recapture Obligation”) immediately, in full, if: A. It fails to comply with the Statement of work specifically described in Part 1.1 of this Appendix A. B. It sells, exchanges, or disposes of any equipment greater than $5,000 described in Attachment A of this Agreement without the Grantor’s written approval; or C. The U.S. Department of Energy determines that there has been a default under the Agreement and seeks reimbursement from the Grantor. In the event that the Grantee becomes liable for a Recapture Obligation, it shall satisfy the Recapture Obligation within the time specified in the written notice thereof to the Grantee by the Grantor. D. The Grantee’s obligation under this Section shall survive the term of this Agreement. 5. Severability If any part of this Grant is held invalid or unenforceable, by any court of competent jurisdiction, that part will be deemed deleted from this Grant and the severed part will be replaced by agreed upon language that achieves the same or similar objectives. The remaining Grant will continue in full force and effect. 5.1. Waiver Failure to enforce any provision of this Grant will not constitute a waiver. 5.2. Grant of Security Interest The Grantee hereby grants the Grantor, for the benefit of the Grantor, a security interest in and continuing Lien on all Grantee’s right, title, and interest in, to and under all personal property, equipment, and assets listed in Attachment A. REMAINDER OF PAGE HAS BEEN INTENTIONALLY LEFT BLANK Michigan.gov/EGLE Page 16 of 23 EQP1030 (Rev. 5/2022) Addendum to Part II – General Provisions HISTORIC PRESERVATION Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is required to comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places. In order to fulfill the requirements of Section 106, the recipient must contact the State Historic Preservation Officer (SHPO), and, if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact information is available at the following link: http://www.ncshpo.org/find/index.htm. THPO contact information is available at the following link: http://www.nathpo.org/map.html. Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106. Recipients should be aware that the DOE Contracting Officer will consider the recipient in compliance with Section 106 of the NHPA only after the Recipient has submitted adequate background documentation to the SHPO/THPO for its review, and the SHPO/THPO has provided written concurrence to the Recipient that it does not object to its Section 106 finding or determination. Recipient shall provide a copy of this concurrence to the Contracting Officer. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS The Michigan Energy Office (MEO) must comply with the National Environmental Policy Act (NEPA) prior to authorizing the use of federal funds. The bounded categories categorically excluded, listed below, require no further NEPA review, absent extraordinary circumstances, cumulative impacts, or connected actions that may lead to significant impacts on the environment, or any inconsistency with “integral elements” (as contained in 10 C.F.R. Part 1021, Appendix B) as they relate to a particular project. The Recipient is thereby authorized to use federal funds for the defined project activities. If the Recipient later intends to add to or modify activities not included in the bounded categories below, those new activities or modified activities are subject to additional NEPA review and are not authorized for federal funding until the Contracting Officer provides approval on those additions or modifications. Recipients are restricted from taking any action using federal funds, which would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to authorization from the Contracting Officer. Should the Recipient elect to undertake activities prior to authorization from the Contracting Officer, the Recipient does so at risk of not receiving federal funding and such costs may not be recognized as allowable. These are the bounded categories that have been categorically excluded, and require no additional NEPA review: 1. Administrative activities associated with management of the designated State Energy Office and management of programs and strategies to encourage energy waste reduction and renewable energy. 2. Development and implementation of programs and strategies to encourage energy waste reduction and renewable energy 3. Funding energy efficiency retrofits, provided that projects are limited to: Michigan.gov/EGLE Page 17 of 23 EQP1030 (Rev. 5/2022) a) installation of insulation; b) installation of energy efficient lighting; c) HVAC upgrades; d) weather sealing; e) purchase and installation of ENERGY STAR appliances; f) replacement of windows and doors; g) high efficiency shower/faucet upgrades; and h) installation of solar powered appliances with improved efficiency. 4. Development, implementation, and installation of onsite renewable energy technology that generates electricity from renewable resources, provided that projects are limited to: a) Solar Electricity/Photovoltaic - appropriately sized system or unit on existing rooftops and parking shade structures; or a 60 kW system or smaller unit installed on the ground within the boundaries of an existing facility. b) Wind Turbine - 20 kW or smaller. c) Solar Thermal - system must be 20 kW or smaller. d) Solar Thermal Hot Water - appropriately sized for residences or small commercial buildings. e) Ground Source Heat Pump - 5.5 tons of capacity or smaller, horizontal/vertical, ground, closed- loop system. f) Combined Heat and Power System - boilers sized appropriately for the buildings in which they are located. g) Biomass Thermal - 3 MMBTUs per hour or smaller system with appropriate Best Available Control Technologies (BACT) installed and operated. 5. Development, implementation and installation of energy efficient or renewable energy-powered emergency systems (lighting, cooling, heat, shelter) installed in existing buildings and facilities. 6. Installation of alternative fueling pumps and systems (but not storage tanks) installed on existing facilities (other than a large biorefinery); purchase of alternative fuel vehicles. 7. Development and implementation of training programs. 8. Development and implementation of building codes and inspection services, and associated training and enforcement of such codes in order to support code compliance and promote building energy waste reduction. Implementing financial incentive programs such as rebates and energy savings performance contracts for existing facilities or for energy efficient equipment, provided that the incentives are not so large that they would be deemed to be grants that create projects that would not otherwise exist. (For example, giving a wind farm that cost $100 million a sum of $50 million and calling it a rebate would not fall within this Bounded Category). Michigan.gov/EGLE Page 18 of 23 EQP1030 (Rev. 5/2022) BUILD AMERICA, BUY AMERICA ACT REQUIREMENTS The Build America, Buy America Act (BABA), enacted as part of the Infrastructure Investment and Jobs Act, established a domestic content procurement preference for all federal financial assistance obligated for infrastructure projects after May 14, 2022. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. All manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3. All construction materials1 are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. “Construction materials” includes an article, material, or supply—other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of: • Non-ferrous metals; • Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • Glass (including optic glass); • Lumber; or • Drywall. “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. 1 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. Michigan.gov/EGLE Page 19 of 23 EQP1030 (Rev. 5/2022) “Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. ‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States. REMAINDER OF PAGE HAS BEEN INTENTIONALLY LEFT BLANK Michigan.gov/EGLE Page 20 of 23 EQP1030 (Rev. 5/2022) Attachment A: Project Budget FY25 Community Energy Management Program MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY MATERIALS MANAGEMENT DIVISION STATE ENERGY PROGRAM FINANCIAL STATUS REPORT Grantee / Vendor Name: Oakland County Vendor Number: CV0048080 Project Name: Municipal Campus Energy Efficiency Upgrades Grant Given Number: Contract Date From: To: 8/31/2026 Contact Name: Erin Quetell, Chief Sustainability Officer Contact Number: 248-600-9001 Contact Email: quetelle@oakgov.com Category Category Number Amount Salary and Benefits 1 Contractual 2 $100,000.00 Equipment 3 Supplies 4 Travel 5 Category Subtotal $ 100,000.00 INDIRECT BUDGET Percentage $ - PROJECT BUDGET Total $ - MATCH BUDGET Percentage Total $ - GRANT BUDGET Total $ 100,000.00 Retention Rate: 0% Michigan.gov/EGLE Page 21 of 23 EQP1030 (Rev. 5/2022) Attachment B: State of Michigan Travel Rates Michigan.gov/EGLE Page 22 of 23 EQP1030 (Rev. 5/2022) Michigan.gov/EGLE Page 23 of 23 EQP1030 (Rev. 5/2022) If you need this information in an alternate format, contact EGLE-Accessibility@Michigan.gov or call 800-662-9278. EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color, marital status, disability, political beliefs, height, weight, genetic information, or sexual orientation in the administration of any of its programs or activities, and prohibits intimidation and retaliation, as required by applicable laws and regulations. Questions or concerns should be directed to the Nondiscrimination Compliance Coordinator at EGLE-NondiscriminationCC@Michigan.gov or 517- 249-0906. This form and its contents are subject to the Freedom of Information Act and may be released to the public. Michigan.gov/EGLE Page 1 of 23 EQP1030 (Rev. 5/2022) COMMUNITY ENERGY MANAGEMENT GRANT AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY AND OAKLAND COUNTY This Grant Agreement (“Agreement”) is made between the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Materials Management Division (“State"), and Oakland County ("Grantee"). The purpose of this Agreement is to provide funding in exchange for work to be performed for the project named below. Legislative appropriation of Funds for grant assistance is set forth in Public Act No. 0166 of 2022 This Agreement is subject to the terms and conditions specified herein. PROJECT INFORMATION: Project Name: Municipal Campus Energy Efficiency Upgrades Project #: MEO-24-040 Amount of grant: $100,000.00 % of grant state 0 / % of grant federal 100 Amount of match: $0 = 0% PROJECT TOTAL: $100,000.00 (grant plus match) Start Date (executed by EGLE): End Date: 8/31/2026 GRANTEE CONTACT INFORMATION: Name/Title: Erin Quetell, Chief Sustainability Officer Organization: Oakland County Address: Executive Office Building 41 W. 2100 Pontiac Lake Rd. City, State, ZIP: Waterford, MI. 48328 Phone Number: 248-600-9001 Fax Number: N/A E-Mail Address: quetelle@oakgov.com Federal ID Number (Required for Federal Funding): 386004867 Grantee DUNs/UEI Number (Required for Federal Funding): HZ4EUKDD7AB4 SIGMA Vendor Number: CV0048080 Michigan.gov/EGLE Page 2 of 23 EQP1030 (Rev. 5/2022) STATE’S CONTACT INFORMATION: Name/Title: Cody Evans, Departmental Analyst Division/Bureau/Office: Materials Management Division (MMD) Address: Constitution Hall, 525 W. Allegan St City, State, ZIP: Lansing, MI. 48909 Phone Number: 517-930-4755 Fax Number: N/A E-Mail Address: evansc26@michigan.gov The individuals signing below certify by their signatures that they are authorized to sign this Agreement on behalf of their agencies and that the parties will fulfill the terms of this Agreement, including any attached appendices, as set forth herein. FOR THE GRANTEE: David T. Woodward, Board of Commissioners Chairman Signature Name/Title Date FOR THE STATE: Elizabeth M. Browne, Director, MMD Signature Name/Title Date 11/06/24