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HomeMy WebLinkAboutResolutions - 2024.11.21 - 41727 AGENDA ITEM: Grant Acceptance from Ducks Unlimited for the Wetlands Conservation Program DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Thursday, November 21, 2024 1:46 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4670 Motion to accept the Wetland Conservation grant in the amount of $425,000 to purchase property in Pontiac to operate as part of Pontiac Oaks County Park; further, to authorize the Chair of the Board of Commissioners to execute the grant agreement; further, to amend the FY 2025 budget as detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Grant Brendan Johnson INTRODUCTION AND BACKGROUND Oakland County Parks (OCP) submitted a grant application to Ducks Unlimited for their Wetland Conservation Funding Program in the amount of $425,000 in August 2024. Because of the accelerated grant timeline, an exception was requested and approved by the Chair of the Board of Commissioners for the application. The grant request includes funding for the purchase of wetland properties adjacent to Pontiac Oaks County Park. OCP was notified of grant acceptance in October 2024, and is now requesting approval of the grant agreement. Once executed, Parks and Recreation will begin negotiations with the landowner and will bring the purchase of the properties back to the Board of Commissioners for approval. POLICY ANALYSIS This is a request to accept a $425,000 grant to purchase five (5) parcels of wetlands in Pontiac (645 W. Walton, 635 W. Walton, 625 W. Walton, 615 W. Walton and 517 W. Walton) to expand the Pontiac Oaks County Park. 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 Sarah Cook-Maylen, Chief Parks & Recreation ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 11/21/2024 AGENDA DEADLINE: 11/21/2024 9:30 AM ATTACHMENTS 1. Parks and Rec Schedule A - Ducks Unlimited 2. ARPA WCP Subaward Agreement - v3 COMMITTEE TRACKING 2024-11-12 Legislative Affairs & Government Operations - 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 Oakland County Parks and Recreation FY2025 Ducks Unlimited Wetland Conservation Funding Grant Acceptance GRANT AGREEMENT 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 Parks and Recreation PR Administration FND50800 CCN5060101 RC610313 PRG160000 610000 Federal Operating Grants $425,000 $-$- Total Revenue $425,000 $-$- E Parks and Recreation PR Planned Use of Balance FND50800 CCN5060666 SC796500 PRG160666 796500 Budgeted Equity Adjustments $425,000 $-$- Total Expenditures $425,000 $-$- 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. Commented [MH1]: Is this period true for ARPA or is this NAWCA carry over? Commented [KR2R1]: Kali to confirm, I think we have 20 in ARPA 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.