HomeMy WebLinkAboutResolutions - 2025.02.11 - 41865
AGENDA ITEM: Grant Acceptance - FY 2025 DNR Urban and Community Forestry Inflation
Reduction Act Grant
DEPARTMENT: Parks & Recreation
MEETING: Board of Commissioners
DATE: Tuesday, February 11, 2025 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2025-4887
Motion to approve a grant from the Michigan Department of Natural Resources Urban and
Community Forestry Inflation Reduction Act grant program for $150,000 for tree planting,
maintenance and inventories, for the term of October 1, 2024 through September 1, 2026.
ITEM CATEGORY SPONSORED BY
Grant Brendan Johnson
INTRODUCTION AND BACKGROUND
Oakland County Parks submitted an application to the Michigan DNR Urban and Community
Forestry Grant Program in August 2024 to support tree planting, maintenance and inventories at
Pontiac Oaks, Waterford Oaks, Red Oaks, Catalpa Oaks and Oak Park Woods. The purpose of the
grant is for OCP to expand forestry activities within the parks being improved by the ARPA-funded
Healthy Communities Outdoor Park and Recreation Investment Program. The project was awarded
for $150,000.
POLICY ANALYSIS
Acceptance of this grant does not obligate the County to any future commitment and continuation of
this program is contingent upon continued 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
Sarah Cook-Maylen, Chief Parks & Recreation
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 2/11/2025
AGENDA DEADLINE: 02/21/2025 7:36 PM
ATTACHMENTS
1. DNR Urban Forestry Grant Schedule A
2. Grant Review Sign-Off
3. GA_UIRA25-12 Final
COMMITTEE TRACKING
2025-02-04 Legislative Affairs & Government Operations - Forward to Finance
2025-02-05 Finance - Recommend to Board
2025-02-11 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault,
Linnie Taylor, Robert Smiley (18)
No: None (0)
Abstain: None (0)
Absent: Gwen Markham (1)
Passed
Oakland County, Michigan
Oakland County Parks and Recreation
FY 2025 Michigan Department of Natural Resources Urban and
Community Forestry Inflation Reduction Act 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 Parks and Recreation PR Natural Resources FND5080
0
CCN5060103 RC610313 PRG160431 GRN-1004576 610000 Federal Operating Grants $150,000
Total Revenues $150,000
E Parks and Recreation PR Natural Resources FND5080
0
CCN5060103 SC730814 PRG160431 GRN-1004576 730000 Grounds Maintenance $150,000 $-$-
Total Expenditures $150,000 $-$-
GRANT REVIEW SIGN-OFF – Parks and Recreation AWD00581
GRANT NAME: FY2025 Michigan DNR Urban and Community Forestry
FUNDING AGENCY: United States Department of Agriculture/ Michigan Department of Natural Resources (MDNR)
DEPARTMENT CONTACT: Melissa Prowse (248) 249-2801
STATUS: Grant Acceptance (Greater than $10,000)
DATE: 12/11/2024
Please be advised that the captioned grant materials have completed the internal grant review. Below are the returned
comments.
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off and the grant agreement/contract with related documentation) should be downloaded into Civic Clerk to be placed on
the next agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved – Shannon Lee (12/02/2024)
Human Resources:
Approved by Human Resources. No position impact – Heather Mason (11/26/2024)
Risk Management:
Approved. Agreement allows the County to self-insure. - Robert Erlenbeck (11/27/2024)
Corporation Counsel:
Approved. I have reviewed the Grant Agreement and other applicable documents. My only comment is that the Grantee
needs to be the "County of Oakland, by and through its statutory agent, the Oakland County Parks and Recreation
Commission." "Oakland County Parks & Recreation" is not a separate legal entity. – Jody Hall (12/03/2024)
[Recommended revision to grant agreement regarding entity name is included in the agreement]
1 (Rev. 10/18/2024)
Michigan Department of Natural Resources/Forest Resources Division
FY25 URBAN & COMMUNITY FORESTRY
INFLATION REDUCTION ACT GRANT PROGRAM
This information is required by authority of Part 5 of Act 451, P.A. 1994 as amended, to receive funds.
This Agreement is between the County of Oakland, a local unit of government, by and through its statutory agent, the
Oakland County Parks and Recreation Commission
in the county of Oakland , hereinafter referred to as the “GRANTEE,” and
the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an agency of the State of Michigan, hereinafter referred to as the
“DEPARTMENT.” Funds are appropriated from 23-DG-11094200-340, a Federal Grant from the United States Forest Service,
USDA (FAL 10.727) to the DEPARTMENT to issue grants for projects in the state under the Cooperative Forestry Assistance Act
of 1978 for the Urban and Community Forestry Program and approved by the Michigan Legislature.
A copy of this Federal award is included as APPENDIX B.
The purpose of this Agreement is to provide funding in exchange for work to be performed for the project named below and described
in the IRA Urban & Community Forestry Grant application, APPENDIX A. This Agreement is subject to the terms and conditions
specified herein.
Project #: UIRA25-12
Amount of grant: $150,000.00 Start Date: October 1, 2024
Unique Entity
Identifier Number
(https://sam.gov/) HZ4E4KDD7AB4 End Date: September 1, 2026
As a condition to the execution of the Agreement, the GRANTEE is required to sign the Agreement and return it to the
DEPARTMENT within 30 days of the date the Agreement is issued, or the Agreement may be cancelled by the DEPARTMENT.
This Agreement is not effective until the GRANTEE has signed it, returned it, and the DEPARTMENT has signed it. The
Agreement is considered executed when signed by the DEPARTMENT.
The individuals signing below certify by their signatures that they are authorized to sign this Grant 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.
GRANTEE
SIGNED
By:
Name (Print)
Title:
Date:
*Vendor Self Service: https://www.michigan.gov/VSSLogin.
For assistance please contact the VSS Call Center (888) 734-9749 or email
SIGMA-Vendor@Michigan.gov
*SIGMA Vendor Number: CV0048080
*SIGMA Address ID:
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
SIGNED
By:
DNR Authorized Official and Title
Date of Execution by DEPARTMENT
David Woodward
Chairman, Oakland County Board of Commissioners
00172
2 (Rev. 10/18/2024)
I.CONTACT INFORMATION
This Agreement shall be administered on behalf of the DEPARTMENT by the Forest Resources Division. All reports,
documents, or actions required of the GRANTEE shall be submitted to the contact below.
GRANTEE CONTACT DEPARTMENT CONTACT
Sarah Cook-Maylen Kerry Gray, Urban & Community Forestry IRA Grant Specialist
Name Name/Title
Oakland County Parks & Recreation Department of Natural Resources - Forest Resources Division
Organization Organization
2800 Watkins Lake Rd. 525 W. Allegan Street, Lansing, MI 48933
Address Address
Waterford, MI 48328 P.O. Box 30425 Lansing, MI 48909-7952
City, State Zip Address
248-343-1353 734-691-1806
Telephone Number Telephone Number
maylens@oakgov.com grayk12@michigan.gov
E-mail Address E-mail Address
All notices, reports, requests or other communications hereunder shall be sufficiently given when mailed or emailed and
addressed as indicated in this section. The DEPARTMENT and GRANTEE may by written notice designate a different address
to which subsequent notices, reports, requests, or other communications shall be sent.
II.PROJECT SCOPE
The IRA Urban & Community Forestry Grant application (APPENDIX A) is, by this reference, made part of this Agreement.
This Agreement, together with the APPENDICES, constitutes the entire Agreement between the parties.
Costs must be allowable, allocable, reasonable, and consistent with the budget identified for completing the project as
described in the Deliverables and Budget Detail of this grant agreement, including modifications to APPENDIX A, which must
be requested and approved in writing. Only the agreed-upon project costs incurred during the grant period are eligible for
grant payment, unless otherwise approved in writing by the DEPARTMENT.
III.PROJECT PERIOD
The project and budget periods are effective from October 1, 2024 – September 1, 2026, as listed on page 1 of this
Agreement. The GRANTEE is expected to complete the project within the project period. Requests by the GRANTEE to
extend the project period must be made in writing a minimum of 30 days before the expiration of the project period. Extensions
to the project period are at the discretion of the DEPARTMENT and may be made only by an amendment to this Agreement.
IV.GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS
Grantees are required to submit progress reports every semi-annually – no later than 30 days after the end of each reporting
period. The reports should summarize the progress made towards meeting project goals, outcomes, and deliverables during
the reporting period. The reports are required to include the geographic location of all work completed and the type of work
occurring at events/locations to meet USDA Forest Service impact reporting requirements.
All projects are required to submit before, during and after pictures that document the grant project process. These pictures
should be submitted with the semi-annual grant reports. Grant report periods are as follows:
October 1 through March 31
April 1 through August 31
For the grant reporting period ending August 31 grantees are required to submit a request for reimbursement for any
expenses incurred during the fiscal year (Oct 1 – September 30).
Final Grant Reporting. The GRANTEE must complete and submit a final narrative summary in accordance with instructions
provided by the DEPARTMENT. The summary should include, but is not limited to, details on achieving the deliverables
outlined in this grant agreement. The final narrative summary is due at the same time as the final reimbursement request,
no later than September 30, 2026.
3 (Rev. 10/18/2024)
V.CHANGES
Any changes to this Agreement requested by GRANTEE must be made in writing to the DEPARTMENT and are subject to
DEPARTMENT approval in its sole discretion. Changes requiring an amendment to this Agreement, will be executed by the
DEPARTMENT and the GRANTEE in the same manner as this Agreement.
VI.GRANTEE RESPONSIBILITIES
The GRANTEE agrees to abide by all applicable local, state, and federal laws, rules, ordinances, and regulations in the
performance of this grant.
The GRANTEE of this award is subject to the OMB guidance in subparts A through F of 2 CFR Part 200 as adopted and
supplemented by the USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2 CFR 400 gives regulatory effect
to the OMB guidance in 2 CFR 200 where full text may be found.
Electronic copies of the CFR’s can be obtained at the following internet site: www.ecfr.gov. If you are unable to retrieve these
regulations electronically, please contact the Grant and Agreements Office at (640) 557-4106.
The GRANTEE agrees to obtain all necessary permits before commencement of the project. This Agreement shall not be
construed to obligate the DEPARTMENT or any other agency to issue any permit required for the completion of the project. It
is the sole responsibility of the GRANTEE to determine what permits are required for the project, secure the needed permits
and remain in compliance with such permits. The GRANTEE will retain a copy of all permits in the file and make them available
to the DEPARTMENT upon request.
The GRANTEE affirms to have control of the project area through fee-simple title, lease or other recorded interest in the project
area or written permission from the owner of the project area to complete project activities.
This Agreement shall not be construed to require the DEPARTMENT to operate or maintain or to contribute to the operation
or maintenance of the project improvements and associated project activities that are the subject of this Agreement for the
course of the expected useful life.
The GRANTEE is solely responsible for the operation and maintenance of the project activities that are the subject of this
Agreement and the actions of any employee or agent of the GRANTEE acting within the scope of their employment or agency.
The GRANTEE shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended, MCL
423.321 et seq.
VII.PURCHASING AND CONTRACTING
The GRANTEE agrees to adhere to all contracting and procurement requirements as outlined in the OMB guidance listed in
Part III of this agreement, for the year the grant award was issued or the most recent OMB guidance.
The DEPARTMENT 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 DEPARTMENT 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.
VIII.USE OF MATERIAL
Unless otherwise specified in this Agreement, the GRANTEE may release information or material developed under this
Agreement, provided it includes specific recognition of assistance received from the DEPARTMENT.
The DEPARTMENT 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.
IX.ASSIGNABILITY
This Agreement and grant may not be transferred or assigned to any other agency, group, or individual without prior written
approval by the DEPARTMENT.
X.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
4 (Rev. 10/18/2024)
sex, race, color, religion, national origin, residence, age, height, weight, familial status, marital status or 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.
No individual shall be denied access to grant-funded facilities or activities on the basis of sex, race, color, religion, national
origin, residence, age, height, weight, familial status, marital status or disability.
XI.LIABILITY
The GRANTEE hereby represents that it will defend any suit brought against either party that involves title, ownership, or
specific rights, including appurtenant riparian rights, of any lands controlled by the GRANTEE connected with or affected by
the project.
The GRANTEE is responsible for all claims, demands, judgments, and expenses, including attorney fees, from any and all
loss, damage, or injury to person or property, or death arising under or in any manner related to the Agreement, the activities
authorized by the Agreement or the use and occupancy of the premises, project area or facilities.
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 have a direct or indirect interest in any part of this
Agreement that creates a substantial conflict of interest.
XIII.ANTI-LOBBYING
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.”
XIV.DEBARMENT AND SUSPENSION
By signing this Agreement, the GRANTEE certifies to the best of its knowledge and belief that it, 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.
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.
XV.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.
XVI.AUDIT AND ACCESS TO RECORDS
The DEPARTMENT reserves the right to conduct a programmatic and financial audit of the project and 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 DEPARTMENT.
XVII.INSURANCE
5 (Rev. 10/18/2024)
The GRANTEE shall acquire and maintain insurance which will protect the GRANTEE from claims which may arise out of or
result from the GRANTEE’S operations under this Agreement, whether performed by the GRANTEE, a subcontractor or
anyone directly or indirectly employed by the GRANTEE, or anyone for whose acts may hold them 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 GRANTEE shall provide evidence of such
insurance to the DEPARTMENT at its request.
XVIII.OTHER SOURCES OF FUNDING
The GRANTEE agrees to notify the DEPARTMENT immediately if funding for the same or a substantially similar project is
received and to cease all activity under this Agreement until the difference in scope between projects is identified and agreed
upon by all parties.
The GRANTEE guarantees that any claims for reimbursement made to the DEPARTMENT under this Agreement must not be
financed by any source other than the DEPARTMENT 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 DEPARTMENT, the
total amount representing such duplication of funding.
XIX.REIMBURSEMENT
The DEPARTMENT will make payment to the GRANTEE as follows:
1.The DEPARTMENT will pay the GRANTEE a total amount not to exceed the amount on page 1 of this
Agreement, in accordance the Deliverables and Budget Detail in this grant agreement. Any cost overruns
incurred to complete the project activities called for by this Agreement shall be the sole responsibility of the
GRANTEE.
2.To be eligible for payment, the GRANTEE must submit a complete payment request to the DEPARTMENT on
form(s) provided by the DEPARTMENT and have satisfied all progress reporting requirements due prior to the
date of the payment request.
3.The GRANTEE is required to submit documentation of all costs incurred, including the value of match and
donations made to the project. Documentation of expenditures and value of match and donations must meet
written DEPARTMENT requirements as specified in the OMB guidance for the year the grant was issued or the
most recent version of the OMB guidance. The DEPARTMENT reserves the right to request additional
information necessary to substantiate payment.
4.The GRANTEE is responsible for providing documentation of all matching funds committed to the project. If the
GRANTEE fails to meet the match obligation the DEPARTMENT may withhold or require repayment of grant
funds.
5.The GRANTEE must be a registered vendor with the State of Michigan SIGMA Vendor Self Service (VSS)
system to receive payments. The registration website is:
https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService. All grant funds will be paid by
Electronic Funds Transfer (EFT).
6.GRANTEE is required to have a Unique Entity Identifier number. Per 2 CFR 200.210 which refers to 2 CFR
25.315, appendix A, Paragraph C.2, a unique entity identifier is required for SAM registration. Currently in SAM,
this is the UEI number. GRANTEE may contact the DEPARTMENT if help is needed to set this up.
7.Due to the State’s year-end closing procedures, final reimbursement requests must be submitted to the
DEPARTMENT no later than September 30 to allow the State to complete its accounting for that fiscal year.
Any requests for reimbursement submitted after the deadline will be denied by the DEPARTMENT.
XX. CLOSEOUT
A determination of project completion, which may include a site inspection and an audit, shall be made by the DEPARTMENT
after the GRANTEE has met any match obligations, satisfactorily completed the activities, and provided products and
deliverables described in the Deliverables and Budget Detail in this grant agreement.
Upon issuance of final payment from the DEPARTMENT, the GRANTEE releases the DEPARTMENT of all claims against the
DEPARTMENT 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 DEPARTMENT’s claims against the GRANTEE. All records must be
maintained for a minimum of seven years after the final payment has been issued to the GRANTEE by the DEPARTMENT.
The GRANTEE shall immediately refund to the DEPARTMENT any payments in excess of the costs allowed by this
Agreement.
6 (Rev. 10/18/2024)
XXI.CANCELLATION
This Agreement may be canceled by the DEPARTMENT, 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 DEPARTMENT and
GRANTEE. The DEPARTMENT 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 DEPARTMENT and the DEPARTMENT will no longer be liable to pay the GRANTEE for any
further charges to the grant.
XXII.TERMINATION
This Agreement may be terminated by the DEPARTMENT 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, or the rules promulgated thereunder, or other applicable law or rules.
b.If the GRANTEE knowingly and willingly presents false information to the DEPARTMENT for the purpose
of obtaining this Agreement or any payment under this Agreement.
c.If the DEPARTMENT 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.
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 DEPARTMENT 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.
2.Immediately and without further liability to the DEPARTMENT 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;
d.Convicted of any other criminal offense that, in the sole discretion of the DEPARTMENT, reflects on the
GRANTEE’s business integrity; or
e.Added to the federal or state Suspension and Debarment list.
If a grant is terminated, the DEPARTMENT reserves the right to require the GRANTEE to repay all or a portion of funds
received under this Agreement.
Failure of the GRANTEE to comply with any of the provisions of this Agreement shall constitute a material breach of this
Agreement. Upon breach of the Agreement by the GRANTEE, the DEPARTMENT, in addition to any other remedy provided
by law, may:
a.Terminate this Agreement; and/or
b.Withhold and/or cancel future payments to the GRANTEE under this Agreement or any other grant
projects administered by DEPARTMENT until the violation is resolved to the satisfaction of the
DEPARTMENT; and/or
c.Withhold action on all pending and future grant applications submitted by the GRANTEE and/or
d.Require repayment of grant funds paid to GRANTEE; and/or
f.Require specific performance of the Agreement.
XXIII.RELATIONSHIP
The GRANTEE is considered a sub-recipient in this grant agreement. The GRANTEE is to use the Federal funds to carry
out the program purpose of this Federal award. During the term of this grant the GRANTEE must adhere to all applicable
Federal program requirements that are listed in the award, that is included in APPENDIX B.
7 (Rev. 10/18/2024)
XXIV.INDIRECT RATE
The approved indirect cost rate at the time of execution is 10.00%
The GRANTEE does not have an established federally negotiated rate for Indirect charges. Therefore, the GRANTEE has
elected to charge the de minimis rate of 10.00% of total direct costs (MTDC) which will be used indefinitely. The MTDC
includes direct salaries and wages, applicable fringe benefits, materials, supplies, services, travel and up to the first
$25,000 of each subaward.
OR
XXIV.INDIRECT RATE
The approved indirect cost rate at the time of execution is RATE% as shown in the NICRA provided by the GRANTEE.
As new NICRAs are agreed to between the GRANTEE and their cognizant audit agency, the revised provisional or final
rate(s) are automatically incorporated into this award, as appropriate, and must specify (1) the agreed upon rates, (2) the
bases to which the rates apply, (3) the fiscal year for which the rates apply, and (4) the items treated as direct costs. The
award obligation will not increase as a result of indirect cost rate increases. Updates to NICRAs will not affect the total
funds available for this award unless documented in a formally executed modification.
If the NICRA is for a provisional rate, THE GRANTEE shall be reimbursed at the established provisional rate(s), subject to
appropriate adjustment when the final rate(s) for the fiscal year are established.
8 (Rev. 10/18/2024)
UIRA25-12 Oakland County
(Deliverables and Budget Detail)
Grant Deliverables to be Completed:
Conduct work within Pontiac Oaks (Hawthorne), Red Oaks (Ambassador), Oak Park Woods (Shepard) and
Catalpa Oaks Parks.
•Plant 105 trees
•Maintain/Prune 230 trees
•Remove 60 trees
BUDGET CATEGORIES GRANT FUNDS AWARDED
(Reimbursable)
SALARIES (Program Staff)
FRINGES (Program Staff)
SALARIES (Administrative Staff)
SALARIES (Administrative Staff)
TRAVEL
SUPPLIES $31,500.00
CONTRACTUAL & CONSULTING $118,500.00
INDIRECT COSTS
OTHER
TOTAL: $150,000.00
SPECIAL CONDITIONS OF GRANT:
The grant expiration date is September 1, 2026. Final reimbursement request and reports are due by September 30, 2026.
Grant funds to be used towards reimbursement of eligible expenses associated with the a local unit of government project. Copies of paid
invoices and receipts or time records and submission of all project deliverables (e.g. data, reports and photos) are required for
reimbursement.
Michigan Department of Natural Resources – Forest Resources Division
IRA URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
2024 GRANT APPLICATION
Grant program is funded by the USDA Forest Service Inflation Reduction Act Urban & Community Forestry
Program – Federal Assistance Listing 10.727.
Grant Program Overview
The Michigan Department of Natural Resources (DNR) Urban and Community Forestry Inflation Reduction Act
(UCF IRA) Grant Program is made possible through IRA funding provided by the USDA Forest Service’s Urban
and Community Forestry Program (FAL 10.727). The Federal Inflation Reduction Act of 2022 provided $1.5
billion to the USDA Forest Service’s Urban and Community Forestry Program to support initiatives that:
•provide increased and equitable access to urban tree canopy and its associated human health,
environmental and economic benefits in disadvantaged communities.
•broaden community engagement in local urban forest planning, tree planting, and management
activities.
•improve community and urban forest resilience to climate change, extreme heat, forest pests and
diseases and storm events through best management and maintenance practices.
The purpose of the Michigan UCF IRA Grant program is to achieve the USDA Forest Service’s IRA
program priorities, listed above, and support the strategies of the Michigan Forest Action Plan by providing
competitive grants for urban forestry projects that prioritize implementation based on environmental justice and
equity issues in disadvantaged (underserved)1 communities.
Tips for Applying
•Read the Michigan DNR IRA Grant Handbook thoroughly before starting application.
•Ensure the organization and project are eligible for funding. Projects must be urban forestry related and
occur in, serve, or directly benefit disadvantaged areas in Michigan.
•Read the entire application before completing to understand the information asked for each question.
•Include clear comments in the budget detail to justify funding request.
•Provide copies of quotes and estimates for items that will be purchased and/or contractors/consultants
that will be assisting with implementation.
•Before submitting:
o Proofread
o Check that all application sections and fields are complete and accurate.
o Double check budget for accuracy
o Ensure that all necessary attachments are included with grant application in submittal.
•APPLICATION DEADLINE: August 31, 2024
o Email completed application and applicable attachments to GrayK12@michigan.gov.
o If you are unable to submit the application form electronically, please contact Kerry Gray at
GrayK12@michigan.gov no later than 1 week before the application due date for an alternative
method of submission.
Contact. For questions or assistance with project development contact Kerry Gray, IRA Grant Specialist by
email at GrayK12@michigan.gov or phone at 734-691-1806.
APPLICATION DEADLINE: August 31, 2024
Email completed application and applicable supplemental information to:
GrayK12@michigan.gov
1 The term disadvantaged communities is used by the Federal Government to describe communities that “have been historically marginalized and
overburdened by pollution and underinvestment in housing, transportation, water and wastewater infrastructure, and health care.” Executive Order
14008 of January 27, 2021.
1 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
APPENDIX A
SECTION 1 - APPLICANT INFORMATION
1.1 Applicant Name (Community or Organization)
1.2 Type of Organization (select one):
Local Unit of Government (city, town, village, county) Federally Recognized Tribal Government State Agency
501(c)(3) Non-Profit Organization Educational Institution
1.3 Contact Person and Title (Primary Project Contact)
1.4 Contact Information
Address (including city, state, and zip code) County
Email Telephone (including area code)
1.5 Authorized Representative Name and Title (if different than contact person)
1.6 Authorized Representative Contact Information (if different than contact person)
Address (including city, state, and zip code) County
Email Telephone (including area code)
1.7 SIGMA Vendor Number (if known*)
*Will be required if awarded a grant. It is recommended that applicants submit a request for a SIGMA Vendor Number during the grant
application process. Sigma Vendor Self Service (VSS). For assistance contact (888)734-9749 or email:
SIGMA-Vendor@Michigan.gov.
1.8 Federal Unique Entity Identifier Number (if known*)
*Number is required if awarded a grant. It is recommended that applicants submit a request for a Unique Entity Identifier Number
(https://sam.gov) during the grant application process.
SECTION 2 – PROJECT OVERVIEW
2.1 Project title and brief description of project (Max 600 characters).
2 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
David Woodward, Chairman, Oakland County Board of Commissionersxxxxxxxxxxxxxxxxxxxx
x
xxxxxxxxxxxxxxxxxxxx woodwardd@oakgov.com
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 1200 N Telegraph Road 12E, Pontiac, MI 48341
xxxxxxxxxxxxxxx 248-858-0100
Oakland County Parks and Recreation
Sarah Cook-Maylen
2800 Watkins Lake Road Waterford MI 48328 Oakland
maylens@oakgov.com 248-343-1353
Chris Ward, Director
2800 Watkins Lake Road Waterford MI 48328 Oakland
wardc@oakgov.com 248-858-4944
CV0048080
HZ4E4KDD7AB4
Maintaining and Reforesting Under-resourced Parks in Oakland County. Oakland County Parks (OCP) is working across Oakland
County to provide critical infrastructure updates in historically underserved parks with low-income census tracts through an influx of
federal funding. However, forest resources were not addressed as part of these larger projects, and additional funds are needed in
five locations to assess existing trees, complete long overdue and necessary maintenance, and plant new native trees to assist with
shade, biodiversity and climate resilience.
2.2 Will the proposed project occur in, serve, or directly benefit disadvantaged areas of your community identified in the
Michigan UCF IRA Screening Tool? Yes No
If yes, please use the Michigan UCF IRA Screening Tool to identify and provide the Census Tract Number(s) of the disadvantaged
area(s) where activities will occur. (A screenshot of the area(s) highlighted in the Michigan UCF IRA Screening tool may also be
provided, in addition to the numbers here, as an attachment to the application):
2.3 Project Category (select all that apply):
Activities in these categories may be community-wide but must be paired with an implementation activity in a disadvantaged
area of the community based on the results of the data, assessment, plan and/or program.
Assessment and Data Planning and Management
Activities in these categories must occur in, serve, or directly benefit disadvantaged areas of the community.
Tree Planting and Establishment Tree Maintenance and Care
Training and Workforce Development Outreach and Education
2.4 How many people do you anticipate will benefit as a result of this project (for example: a street tree planting could benefit
all the residents in a neighborhood)? ______________________________
How did you determine the estimated number of people that will benefit from this project?
2.5 Grant Funds Requested (Grant minimum: $10,000 / Grant Maximum: $225,000) $
2.6 . Has your organization received a Michigan Department of Natural Resources Community Forestry Grant, Urban and
Community Forestry Inflation Reduction Act Grant and/or a USDA Forest Service Urban and Community Forestry Inflation
Reduction Act grant or pass through grant in the last 3 years?
Yes No Don’t know
3 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
Pontiac Oaks (Hawthorne Park): 26125141100
Waterford Oaks: 26125145700
Red Oaks (Ambassador Park): 26125181200
Oak Park Woods (Shepard Park): 26125171400
Catalpa Oaks: 26125161300
1,274,395
Oakland County Parks are open to all County residents and the geographic diversity of the parks and strategic locations within major
population centers (southeast portion of the county) will encourage and allow residents to visit and enjoy the newly restored park
lands.
225,000
n
SECTION 3 – PROJECT DESCRIPTION
3.1.Describe the project purpose and need. List specific activities that will be implemented and how they will benefit
disadvantaged areas. (Max 3000 characters).
The project should achieve one or more of the USDA Forest Service’s IRA program priorities to:
•increase, enhance, and improve access to tree canopy and its benefits.
•improve the resilience and sustainability of the urban and community forest.
•support the active participation of the community in urban forestry planning, planting, and care and support strategies of the
Michigan Forest Action Plan.
For tree planting projects complete the table in question 3.1.A and see the Guidelines for Tree Planting Projects in the UCF IRA
Grant Handbook for required information.
4 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
Oakland County is home to over 1.2 million people across a wide range of socioeconomic backgrounds. Historically, many County
park assets were distributed across rural portions of the County, due to land availability. Over the past two years, Oakland County
Parks and Recreation (OCP) has made deliberate efforts to acquire lands, invest in key parks, and develop community partnerships
that add and improve recreational assets in more urban and historically disadvantaged areas of the county.
Red Oaks, Oak Park Woods, Pontiac Oaks, Waterford Oaks, and Catalpa Oaks (focus parks) are either new additions to OCP’s
system, a focus of recreational development, or receive significant recreational pressure due to their urban location. For a number of
reasons, these parks have not had the same history of care, investment, or management in forest assets as more established parks.
All of these parks are located in low-income census tracts. This project will provide crucial funding to invest first in inventories and
analysis of existing trees, long-overdue maintenance and removals and finally native tree plantings.
All of these parks have significant large diameter trees that have either not been maintained at all or haven't been maintained within
the recent past (last 5-10 years) which has resulted in many dangerous hazards throughout recreational areas and around
infrastructure such as playgrounds, above pavilions and along trails. Additionally, many of these trees have structural or
disease/forest pest issues that require removal and the local communities were not able to fund such costly investments. OCP will
first inventory these trees and then provide critical maintenance to improve forest health and community enjoyment and safety.
Additionally, these parks are primarily in areas where little other greenspace exists and provide an important function for climate
resilience, wildlife migration and stormwater absorption. Climate adapted (Northern Institute of Applied Climate Science influenced)
native trees will be planted in all the parks to improve existing canopy for wildlife and park users and provide necessary climate
resilience for forests as our local landscapes continue to change with increase storm damage, high intensity precipitation events and
warming temperatures.
Additionally, the integration of communities in these projects is integral to their success as OCP partners with local agencies to both
get input and feedback on the governmental level but also hosts frequent public engagement and community based events on site to
get input and engagement from local community members. OCP will work through these existing public engagement events to
provide information about native trees and tree care and will also host one native plant giveaway in one of the parks to help support
local residents in naturalizing and foresting their own backyards.
3.1.A Required Tree Planting Information
Total Number of Trees to be Planted
Tree Size (caliper in inches, container size in gallon/pot size, or
tree height in feet)
Tree Planting Stock Type (balled & burlap, container, bare root)
Proposed Tree Species and Quantity of each
Public Property
Private Property (permission required)* Tree planting will occur on: Both
*See sample agreement in UCF IRA Grant Handbook
Location of tree plantings (ex: right-of-way, park, school grounds
or attach a site map).
3.2 List up to five measurable project outcomes (for example: plant 200 trees; inventory 40,000 street trees; train 20 volunteer
foresters).
Outcome 1:
Outcome 2:
Outcome 3:
Outcome 4:
Outcome 5:
5 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
135
2 inch dbh
Ball and burlap
OCP will use our Tree Planting Guidelines
https://www.oakgov.com/home/showpublisheddocument/1894/63
8043571907230000
to develop custom native planting plans for each park. OCP uses
only straight species and trees native to Southeast michigan. We
also don't plant Red Oaks because of the prevalance of Oak Wilt
in Oakland County.
County Parks (Pontiac Oaks, Waterford Oaks, Red Oaks, Oak
Park Woods, Catalpa Oaks)
Plant 135 trees
Maintain (prune/dead limb) 320 high-risk trees
Remove 115 dead, dying or high risk trees (that cannot be improved with maintenance) and trees with confirmed oak wilt to prevent
spread in the surrounding forest.
Five park inventories completed or updated.
3.3 Describe the organization’s capacity to complete the project. List the key personnel, including stakeholders, project
partners* and potential contractors/consultants, that will be involved in the project and their roles and responsibilities
(including personnel who have technical urban forestry knowledge, grant/project management experience, etc.). For
example:
Name: Sally Smith
Organization: City of Tree
Title/Role: City Urban Forester
Project Responsibilities: Will oversee tree inventory and management plan consultant; conduct public engagement and
outreach; and oversee implementation of tree planting using the results of the tree inventory and management plan.
Experience/Expertise: Urban forestry and arboriculture technical knowledge; community engagement leading city’s
volunteer urban forester program; managed the city’s 2020 DNR urban and community forestry grant.
*A brief letter of commitment/permission from any listed project partner (excluding contractors/consultants not under contract) must be
included with the grant application. Examples of situations where a letter of commitment/permission is needed: (1) Granting
permission to conduct tree planting on public property not owned by the grantee; (2) School district providing educational assistance to
implement the project.
6 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
Name: Luke Murchie
Organization: Oakland County Parks and Recreation
Title/Role: County Parks Arborist/Forestry Program Coordinator
Project Responsibilities: Will oversee tree inventory and management plan consultant; and oversee implementation of tree planting,
maintenance and removal activities using the results of the tree inventory and management plans.
Experience/Expertise: Urban forestry and arboriculture technical knowledge; ISA certified Arborist, Oak wilt qualified specialist, Tree
Risk Assessment Qualified (TRAQ).
Name: Tyler Slater
Organization: Oakland County Parks and Recreation Oakland County
Title/Role: Forestry Program Specialist
Project Responsibilities: Assist Luke with contractual oversight and oversee tree removals and maintenance on the ground. Will
provide follow up maintenance post-project period and ensure trees are watered during establishment.
Experience/Expertise: Oak wilt qualified specialist, bachelor’s degree in environmental science.
OCP will secure the services of a qualified forestry consultant to support this project. Specifically, the contractor will complete the
assessment of trees in developed and maintained park areas. Combined, these assessments will identify initial maintenance priorities
for OCP. For each park, the contractor will develop a summary which will provide an overview of existing conditions, identify
maintenance needs, and provide information to help OCP plan for future management of the park. At a minimum, OCPR’s contractor
will employ staff with credentials such as International Society of Arboriculture Certified Arborists, Qualified Tree Risk Assessors,
Registered Foresters or Certified Foresters, and have previous experience conducting tree inventories and forest assessments in
Michigan.
Additionally, OCP will utilize the services of qualified contractors to plant trees. Tree planting must occur within a limited amount of
time during the spring period to ensure health and establishment and OCP doesn't have sufficient staffing to plant the number of trees
allocated across the County. Contractors go through a rigorous bidding process and will be prioritized for the quality of their work.
Finally, OCP will also use a contractor to implement maintenance priorities with oversight from OCP staff. Maintenance will co-occur
with much of the other work described so contractors are necessary to complete the scale of work required. Contractors again will be
highly qualified and assessed and provided with oversight from OCP staff.
3.4 Describe the strategies and activities that have been or will be used to engage, empower and involve local community
members in decision making and implementation of the grant project. (Max 2000 characters)
7 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
The 2022 OCP's Community Needs Assessment Survey analyzed 1,048 survey responses from a random sample of County
residents. The Priority Investment Rating (PIR) resulting from the study ranked “natural areas and open spaces” as a high priority for
investment, ranking 4th out of 40 types of recreation facilities. OCP conducted public engagement surveys and open houses in 2024
in Pontiac, Madison Heights, Oak Park and Southfield to understand the priorities of the residents of those communities within their
parks. In 3 out of 4 communities, trees and nature were the number 1 priority. In one community, trees and nature came in second to
paths and trails. Pontiac: care of the forest, water, and natural areas.Madison Heights: natural areas, native plants and pollinators,
and healthy forests; open spaces for play and relaxation; paths and walking trails. Oak Park: preserving nature and walking paths;
making sure everyone is welcome to gather, relax, and play at the park. Southfield: paths and trails (walking, biking, cross-country
skiing), natural spaces (trees, native plants, Rouge River, invasive species); (note: this engagement was focused on Southfield Oaks).
OCP will schedule nature education events in each of the communities and park locations identified in this proposal in 2025. Each
event includes social media postings about the event and follow up with public education materials available on our website. These
events may include: Educational events in the project parks focused on tree planting and maintenance techniques, Oak wilt
identification and management, Naturalist programming incorporated into recreation events for families such as “Come Out and Play”,
“Trailblazer” community walks and nature talks.
3.5 Outline the key activities and milestones of the project, including grant reporting dates. (Use the space below as needed).
Start Month and Year End Month and Year Key Activities and Milestones
8 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
January 2025 February 2025 Secure forestry contractor. Identify priority oak tree work.
February 2025 April 2025 Contractor completes forest assessments.
January 2025 March 2025 Priority oak tree removals ani
April 2025 April 2025 Interim grant report and reimbursement.
April 2025 June 2025 Contractor completes summaries for each park assessed.
June 2025 June 2025 Interim reporting and reimbursements.
June 2025 September 2025 County completes priority tree maintenance and removals
September 2025 October 2025 Tree planting
September 2025 September 2025 Interim grant report and reimbursement.
December 2025 December 2025 Interim grant report and reimbursement.
March 2026 May 2026 Tree planting completed.
June 2026 June 2026 Final grant report and reimbursement.
SECTION 4 - BUDGET
4.1 Complete the budget table and provide a detailed explanation of the amount requested. Attach quotes and estimates
received that were used to determine project costs. No match is required for IRA grant funded projects. Review the UCF IRA
Grant Handbook for descriptions of each grant category and a sample budget.
Project Title: Project Category(-ies):
Expenditure Category Grant Funds Requested (Dollars) Budget Detail
SALARY
PROGRAM STAFF
FRINGE
PROGRAM STAFF
SALARY
ADMINISTRATIVE STAFF
FRINGE
ADMINISTRATIVE STAFF
TRAVEL
SUPPLIES
CONTRACTUAL &
CONSULTING
INDIRECT COSTS*
OTHER
TOTAL
*Indirect costs.
•If the applicant has an approved overhead/indirect rate from a cognizant federal agency, Negotiated Indirect Cost Rate
Agreement or NICRA, that rate may be used, with proof of certification, as an eligible grant expense on salaries, fringes,
supplies, travel and contracts. Expenses in the “Other” category may not be used in the indirect calculation.
•If the applicant does not have an approved NICRA, the 10% de minimis rate indirect cost modified total direct cost basis
(MTDC) can be requested as an eligible grant expense on salaries, fringes, supplies, travel, and service contracts. Expenses
in the “Other” category may not be used in the indirect calculation.
9 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
Improving Oakland County Parks Recreational Forests
0
0
0
0
0
0
0
0
0
0
40,500
Tree material (135 trees)
188,250
Tree timming, tree removals, tree planting and
care. Tree inventories and management plans.
0
0
0
0
224,500
SECTION 5 – PROJECT/PROGRAM SUSTAINABILITY
5.1. Beyond the grant period, how will the proposed project/program continue to contribute to the overall Michigan UCF IRA
Grant program goals (see description in Program Overview on page 1)? (Max 2000 characters)
10 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
OCP has a long term commitment to many of the same goals identified in the UCF IRA grant program including provide increased
and equitable access to urban tree canopy and its associated human health,environmental and economic benefits in disadvantaged
communities.
Several goals in OCP’s 5- year recreation master plan and outlined in this application mirror DNR IRA program goals, including:
Decrease gaps in recreation access and improve parks and recreation use by priority equity communities. Create refuges from
negative experiences, which may include places to cool off during heat events, safety from weather events related to climate change,
and socially distanced recreation during health crises such as the COVID pandemic. Expand and manage diverse, high-quality
natural communities, habitats, and wildlife corridors including creating refuges and passage for plants and animals, and support
climate resilience of our communities. Manage the native tree canopy to sustain healthy forests in our parks, improve shade for
wildlife and people, and support climate resilience of our communities.
5.2 Describe how the project team will ensure sustainability of the project/program beyond the grant period. Review the
specific questions for each grant category below and incorporate, as appropriate, in response. (Max 2000 characters)
Assessment and Data: How will the data be maintained and updated to ensure it stays current?
Planning and Management: How will funding be sustained to support implementation of the plan and/or urban forest management
activities after grant completion?
Tree Planting and Establishment: What strategies are or will be put into place to ensure that the DNR’s Tree Maintenance
Guidelines (IC4108-1) or similar industry standard guidelines are followed to ensure the long-term survival of newly planted trees?
Tree Maintenance and Care. How will funding be sustained to support the continued proactive maintenance and care of the
community’s public trees?
Training and Workforce Development. What partnerships or collaborations are in place or can be developed to support the
continuation of the training and/or workforce development program?
Outreach and Education. How will community members continue to be engaged and empowered to participate in decision-making
and implementation of tree and urban forestry related activities?
SECTION 6 – AUTHORIZATION/SIGNATURE
If you are not the landowner where the project will occur, do you have landowner written permission (if applicable)?
No (copy is required prior to beginning) Yes, provide copy N/A
Non-Profit Organizations: Have you attached a copy of the IRS determination indicating non-profit status? Yes No
Is your organization currently debarred or suspended from participating in Federal Assistance Programs? Yes No
As designated representative of Applicant, I hereby agree to implement this project according to the application and abide by
the provisions of the UCF IRA Grant Program, including compliance with all applicable federal and state laws and regulations.
Applicant’s Designated Representative (Please Type/Print) Signature Date
11 PR4076 (Revised 06/07/2024)
The Michigan Department of Natural Resources is an equal opportunity provider.
OCP collects and maintains all forestry and tree related data (surveys, planting, maintenance) in ArcGIS and will continue to keep
these records updated post project period. Forestry funding is allocated annual in our operating budget for tree maintenance and we
employ two full-time four and part-time forestry staff. OCP has tree planting maintenance guidelines that are provided to all staff when
trees are planted that include watering, mulch and trimming guidance. Qualified forestry staff engage in all young tree trimming and
oversight of maintenance standards (including installation of gator bags, etc). OCP will continue to work in partnership with local
communities on lessons learned and community events that can be focused on highlighting tree additions and maintenance within the
parks. We also meet monthly with local communities who engage with citizens to ensure local decision making is represented in OCP
projects and maintenance. Additionally, OCP engages in specific community engagement events and recreational events to get
community feedback within each park.
Chris Ward, Director 8/30/2024
Location Planting Planting Number Maintenance Maintenance Number Removals Removal Numbers
Waterford 15,000$ 30 10,000$ 40 20,000$ 60
Pontiac (Hawthorne)20,000$ 40 42,000$ 150 20,000$ 40
Red (Ambassador)12,500$ 25
Oak Park Woods (Shepard) 10,000$ 10 50,000$ 130 10,000$ 15
Catalpa 15,000$ 30
TOTALS 72,500$ 135 102,000$ 320$ 50,000$ 115
OCP IRA Urban and Community Forestry Grant Program Budget Breakdown
Caring for the Land and Serving People Printed on Recycled Paper
FEDERAL FINANCIAL ASSISTANCE
AWARD OF DOMESTIC GRANT 23-DG-11094200-340
Between The
DEPARTMENT OF NATURAL RESOURCES
And The
USDA, FOREST SERVICE
EASTERN REGION, STATE, PRIVATE, AND TRIBAL FORESTRY
Program Title: Michigan Inflation Reduction Act Urban and Community Forestry Program
Upon execution of this document, an award to Department of Natural Resources, hereinafter
referred to as “MI DNR,” in the amount of $7,500,000, is made under the authority of 16
USC 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The Federal Assistance
Listing (formerly Catalog of Federal Domestic Assistance - CFDA) number and name are
10.727, Inflation Reduction Act Urban & Community Forestry Program. Department of
Natural Resources accepts this award for the purpose described in the application narrative.
Your application for Federal financial assistance, dated 5/31/23, and the attached Forest
Service provisions, ‘Forest Service Award Provisions,’ are incorporated into this letter and
made a part of this award.
This authority requires a match of This authority requires a 1:1 match, however match has
been waived under the provision of Public Law 117-169 (Inflation Reduction Act) and based
on assurance from the Cooperator that 100% of the work and funding will be directed to
disadvantaged communities., which your organization has agreed to provide as shown in the
attached application, financial plan and narrative.
This is an award of Federal financial assistance. Prime and sub-recipients to this award are
subject to the OMB guidance in subparts A through F of 2 CFR Part 200 as adopted and
supplemented by the USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2
CFR 400 gives regulatory effect to the OMB guidance in 2 CFR 200 where full text may be
found.
Electronic copies of the CFRs can be obtained at the following internet site: www.ecfr.gov. If
you are unable to retrieve these regulations electronically, please contact your Grants and
Agreements Office at sm.fs.r9spfgrants@usda.gov.
The following administrative provisions apply to this award:
A. LEGAL AUTHORITY. MI DNR shall have the legal authority to enter into this award,
and the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of the project, which includes funds sufficient to pay the
non-Federal share of project costs, when applicable.
B. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this award.
APPENDIX B
Award Number: 23-DG-11094200-340
Page 2 of 19
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
Name: Kevin Sayers
Address: P.O. Box 30028
City, State, Zip: Lansing, MI 48909-
7528
Telephone: 517-241-4632
Email: sayersk@michigan.gov
Name: Erin Olszeski
Address: 525 West Allegan St.
City, State, Zip: Lansing, MI 48909-7952
Telephone: 517-245-2586
Email: olszeskie@michigan.gov
Principal Forest Service Contacts:
Forest Service Program Manager
Contact
Forest Service Administrative Contact
Name: Jill Johnson
Telephone: 651-649-5253
Email: jill.johnson@usda.gov
Name: Midori C. Raymore
Telephone: 414-721-1346
Email: midori.raymore@usda.gov
C. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT
(SAM). MI DNR shall maintain current information in the System for Award
Management (SAM) until receipt of final payment. This requires review and update to
the information at least annually after the initial registration, and more frequently if
required by changes in information or award term(s). Additional information about
registration procedures may be found at the SAM Internet site at www.sam.gov.
D. ADVANCE AND/OR REIMBURSEMENT PAYMENTS – FINANCIAL
ASSISTANCE. Advance and/or Reimbursement payments are approved under this
award. Only costs for those project activities approved in (1) the initial award, or (2)
modifications thereto, are allowable. Requests for payment must be submitted on
Standard Form 270 (SF-270), Request for Advance or Reimbursement, and must be
submitted no more than monthly. In order to approve a Request for Advance Payment
or Reimbursement, the Forest Service shall review such requests to ensure advances or
payments for reimbursement are in compliance and otherwise consistent with OMB,
USDA, and Forest Service regulations.
Advance payments must not exceed the minimum amount needed or no more than is
needed for a 30-day period, whichever is less. If the Recipient receives an advance
payment and subsequently requests an advance or reimbursement payment, then the
request must clearly demonstrate that the previously advanced funds have been fully
expended before the Forest Service can approve the request for payment. Any funds
advanced, but not spent, upon expiration of this award must be returned to the Forest
Service.
The Program Manager reserves the right to request additional information prior to
approving a payment. To expedite payment, please attach a list of expenses that match
Award Number: 23-DG-11094200-340
Page 3 of 19
the approved project budget when submitting each SF-270. Each SF-270 shall include
the award number (23-DG-11094200-340) in Block 4. If this award has multiple
projects, each project must be identified in separate columns for tracking purposes in
Block 11. A final SF-270 must have a final performance report submitted prior to
invoice approval.
The invoice must be sent by one of three methods: Send a copy to:
EMAIL (preferred):SM.FS.asc_ga@usda.gov
FAX: 877-687-4894
POSTAL: Albuquerque Service Center
Payments – Grants & Agreements
101B Sun Ave NE
Albuquerque, NM 87109
jill.johnson@usda.gov
E.INDIRECT COST RATES. The approved indirect cost rate at the time of execution is
16.58% as shown in the NICRA provided by the Cooperator.
As new NICRAs are agreed to between MI DNR and their cognizant audit agency, the
revised provisional or final rate(s) are automatically incorporated into this award, as
appropriate, and must specify (1) the agreed upon rates, (2) the bases to which the rates
apply, (3) the fiscal year for which the rates apply, and (4) the items treated as direct
costs. The award obligation will not increase as a result of indirect cost rate increases.
Updates to NICRAs will not affect the total funds available for this award unless
documented in a formally executed modification.
If the NICRA is for a provisional rate, MI DNR shall be reimbursed at the established
provisional rate(s), subject to appropriate adjustment when the final rate(s) for the fiscal
year are established.
F.PRIOR WRITTEN APPROVAL. MI DNR shall obtain prior written approval pursuant
to conditions set forth in 2 CFR 200.407.
G.MODIFICATIONS. Modifications within the scope of this award must be made by
mutual consent of the parties, by the issuance of a written modification signed and
dated by all properly authorized signatory officials, prior to any changes being
performed. Requests for modification should be made, in writing, at least 90 days prior
to implementation of the requested change. The Forest Service is not obligated to fund
any changes not properly approved in advance.
H.PERIOD OF PERFORMANCE. This agreement is executed as of the date of the
Forest Service signatory official signature.
The end date, or expiration date is 07/15/2028. This instrument may be extended by a
properly executed modification. See Modification Provision above.
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I. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that
the individuals listed in this document as representatives of the individual parties are
authorized to act in their respective areas for matters related to this award. In witness
whereof the parties hereto have executed this award.
Department of Natural Resources
Date
ROBERT LUECKEL, Deputy Regional Forester
State, Private, and Tribal Forestry
Date
The authority and the format of this award have been reviewed and approved for
signature.
MIDORI C. RAYMORE
Forest Service Grants Management Specialist
Date
Award Number: 23-DG-11094200-340
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ATTACHMENT A: FOREST SERVICE AWARD PROVISIONS
A. COLLABORATIVE ARRANGEMENTS. Where permitted by terms of the award and
Federal law, MI DNR a may enter into collaborative arrangements with other
organizations to jointly carry out activities with Forest Service funds available under
this award.
B. FOREST SERVICE LIABILITY TO THE RECIPIENT. The United States shall not be
liable to MI DNR for any costs, damages, claims, liabilities, and judgments that arise in
connection with the performance of work under this award, including damage to any
property owned by MI DNR or any third party.
C. NOTICES. Any notice given by the Forest Service or MI DNR will be sufficient only
if in writing and delivered in person, mailed, or transmitted electronically by e-mail or
fax, as follows:
To the Forest Service Program Manager, at the address specified in the award.
To MI DNR, at the address shown in the award or such other address designated
within the award.
Notices will be effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
D. SUBAWARDS. Prior approval is required to issue subawards under this grant. The
intent to subaward must be identified in the approved budget and scope of work and
approved in the initial award or through subsequent modifications. Approval of each
individual subaward is not required, however the cooperator must document that each
sub-recipient does NOT have active exclusions in the System for Award Management
(sam.gov).
The Cooperator must also ensure that they have evaluated each subrecipient’s risk in
accordance with 2 CFR 200.332 (b).
Any subrecipient under this award must be notified that they are subject to the OMB
guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by
the USDA in 2 CFR Part 400. Any sub-award must follow the regulations found in 2
CFR 200.331 through .333.
All subawards $30,000 or more must be reported at fsrs.gov in compliance with 2 CFR
170. See Attachment B for full text.
E. FINANCIAL STATUS REPORTING. A Federal Financial Report, Standard Form SF-
425 (and Federal Financial Report Attachment, SF-425A, if required for reporting
multiple awards), must be submitted semi-annually. These reports are due 30 days after
the reporting period ending June 30 and December 31. The final SF-425 (and SF-
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425A, if applicable) must be submitted either with the final payment request or no later
than 120 days from the expiration date of the award. These forms may be found at
https://www.grants.gov/web/grants/forms.html.
F. PROGRAM PERFORMANCE REPORTS. The recipient shall perform all actions
identified and funded in application/modification narratives within the performance
period identified in award.
In accordance with 2 CFR 200.301, reports must relate financial data to performance
accomplishments of the federal award.
MI DNR shall submit semi-annual performance reports. These reports are due 30 days
after the reporting period ending June 30 and December 31. The final performance
report shall be submitted either with MI DNR’s final payment request, or separately,
but not later than 120 days from the expiration date of the award.
- Additional pertinent information:
To prevent payment delays, all reports should be emailed to
SM.FS.R9SPFgrants@usda.gov and the U.S. Forest Service Program
Manager prior to their respective due dates. Please ensure the subject line of
the email contains the award number (23-DG-11094200-340) and the name
of report being submitted.
The final performance report must be submitted and approved prior to
approval of the final SF-270 payment request.
G. NOTIFICATION. MI DNR shall immediately notify the Forest Service of
developments that have a significant impact on the activities supported under this
award. Also, notification must be given in case of problems, delays or adverse
conditions that materially impair the ability to meet the objectives of the award. This
notification must include a statement of the action taken or contemplated, and any
assistance needed to resolve the situation.
H. CHANGES IN KEY PERSONNEL. Any revision to key personnel identified in this
award requires notification of the Forest Service Program Manager by email or letter.
I. USE OF FOREST SERVICE INSIGNIA. In order for MI DNR to use the Forest
Service insignia on any published media, such as a Web page, printed publication, or
audiovisual production, permission must be granted by the Forest Service’s Office of
Communications (Washington Office). A written request will be submitted by Forest
Service, Program Manager, to the Office of Communications Assistant Director, Visual
Information and Publishing Services prior to use of the insignia. The Forest Service
Program Manager will notify MI DNR when permission is granted.
J. FUNDING EQUIPMENT. Federal funding under this award is not available for
reimbursement of MI DNR’s purchase of equipment. Equipment is defined as having a
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fair market value of $5,000 or more per unit and a useful life of over one year.
Supplies are those items that are not equipment.
K. PUBLIC NOTICES. It is Forest Service's policy to inform the public as fully as
possible of its programs and activities. MI DNR is encouraged to give public notice of
the receipt of this award and, from time to time, to announce progress and
accomplishments.
MI DNR may call on Forest Service's Office of Communication for advice regarding
public notices. MI DNR is requested to provide copies of notices or announcements to
the Forest Service Program Manager and to Forest Service's Office Communications as
far in advance of release as possible.
L. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, AUDIOVISUALS,
AND ELECTRONIC MEDIA. MI DNR shall acknowledge Forest Service support in
any publications, audiovisuals, and electronic media developed as a result of this award.
Follow direction in USDA Supplemental 2 CFR 415.2.
M. COPYRIGHTING. MI DNR is/are granted sole and exclusive right to copyright any
publications developed as a result of this award. This includes the right to publish and
vend throughout the world in any language and in all media and forms, in whole or in
part, for the full term of copyright and all renewals thereof in accordance with this
award.
No original text or graphics produced and submitted by the Forest Service shall be
copyrighted. The Forest Service reserves a royalty-free, nonexclusive, and irrevocable
right to reproduce, publish, or otherwise use, and to authorize others to use the work for
federal government purposes.
This right shall be transferred to any sub-awards or subcontracts.
This provision includes:
The copyright in any work developed by MI DNR under this award.
Any right of copyright to which MI DNR purchase(s) ownership with any federal
contributions.
N. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR
AUDIOVISUAL MATERIAL. MI DNR shall include the following statement, in full,
in any printed, audiovisual material, or electronic media for public distribution
developed or printed with any Federal funding.
In accordance with Federal law and U.S. Department of Agriculture (USDA) civil
rights regulations and policies, this institution is prohibited from discriminating on
the basis of race, color, national origin, sex, age, disability, and reprisal or
retaliation for prior civil rights activity. (Not all prohibited bases apply to all
programs.)
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Program information may be made available in languages other than English.
Persons with disabilities who require alternative means of communication for
program information (e.g., Braille, large print, audiotape, and American Sign
Language) should contact the responsible State or local Agency that administers
the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a complainant should complete a Form
AD-3027, USDA Program Discrimination Complaint Form, which can be obtained
online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by
calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant’s name, address, telephone number, and a written
description of the alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged
civil rights violation. The completed AD-3027 form or letter must be submitted to
USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for
Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; o
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: program.intake@usda.gov.
If the material is too small to permit the full Non-Discrimination Statement to be
included, the material will, at a minimum, include the alternative statement:
“This institution is an equal opportunity provider.”
O. PROGRAM INCOME – FINANCIAL ASSISTANCE.
1. MI DNR shall apply the standards set forth in this Provision to account for program
income earned under the award.
2. If any program income is generated as a result of this award, the income shall be
applied using the deductive alternative as described in 2 CFR 200.307; the
deductive alternative is the default if no other method is selected.
3. Unless the terms and conditions of the award/agreement provide otherwise,
Recipients shall have no obligation to the U.S. Government regarding program
income earned after the end of the project period.
4. Costs incident to the generation of program income may be deducted from gross
income to determine net program income, provided these costs have not been
charged to the award and they comply with 2 CFR 200.307.
5. Unless the terms and conditions of the award provide otherwise, MI DNR shall
have no obligation to the U.S. Government with respect to program income earned
from license fees and royalties for copyrighted material, patents, patent
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applications, trademarks, and inventions produced under an award. However,
Patent and Trademark Amendments (35 U.S.C. 18) apply to inventions made
under an experimental, developmental, or research awards.
P. DISPUTES.
1. Any dispute under this award shall be decided by the Signatory Official. The
Signatory Official shall furnish MI DNR a written copy of the decision.
2. Decisions of the Signatory Official shall be final unless, within 30 days of receipt of
the decision of the Signatory Official, MI DNR appeal(s) the decision to the Forest
Service's Director, State & Private Forestry (SPF). Any appeal made under this
provision shall be in writing and addressed to the Director, SPF, USDA, Forest
Service, Washington, DC 20024. A copy of the appeal shall be concurrently
furnished to the Signatory Official.
3. In order to facilitate review on the record by the Director, SPF, MI DNR shall be
given an opportunity to submit written evidence in support of its appeal. No hearing
will be provided.
4. A decision under this provision by the Director, SPF is final.
5. The final decision by the Director, SPF does not preclude MI DNR from pursuing
remedies available under the law.
Q. AWARD CLOSEOUT. MI DNR must submit, no later than 120 calendar days after
the end date of the period of performance, all financial, performance, and other reports
as required by the terms and conditions of the Federal award.
Any unobligated balance of cash advanced to MI DNR must be immediately refunded
to the Forest Service, including any interest earned in accordance with 2 CFR
200.344(d).
If this award is closed without audit, the Forest Service reserves the right to disallow
and recover an appropriate amount after fully considering any recommended
disallowances resulting from an audit which may be conducted later.
R. TERMINATION. This award may be terminated, in whole or part pursuant to 2 CFR
200.340.
S. DEBARMENT AND SUSPENSION. MI DNR shall immediately inform the Forest
Service if they or any of their principals are presently excluded, debarred, or suspended
from entering into covered transactions with the federal government according to the
terms of 2 CFR Part 180. Additionally, should MI DNR or any of their principals
receive a transmittal letter or other official federal notice of debarment or suspension,
then they shall notify the Forest Service without undue delay. This applies whether the
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exclusion, debarment, or suspension is voluntary or involuntary. The Recipient shall
adhere to 2 CFR Part 180 Subpart C in regards to review of sub-recipients or contracts
for debarment and suspension.
All subrecipients and contractors must complete the form AD-1048, Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier
Covered Transactions. Blank forms are available electronically. Completed forms
must be kept on file with the primary recipient.
T. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to,
Congress shall be admitted to any share or part of this award, or benefits that may arise
therefrom, either directly or indirectly.
U. TRAFFICKING IN PERSONS.
1. Provisions applicable to a Recipient that is a private entity.
a. You as the Recipient, your employees, Subrecipients under this award, and
Subrecipients’ employees may not:
(1) Engage in severe forms of trafficking in persons during the period of time
that the award is in effect;
(2) Procure a commercial sex act during the period of time that the award is in
effect; or
(3) Use forced labor in the performance of the award or subawards under the
award.
b. We as the Federal awarding agency may unilaterally terminate this award,
without penalty, if you or a Subrecipient that is a private entity:
(1) Is determined to have violated a prohibition in paragraph a.1 of this award
term; or
(2) Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a.1 of this
award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization
that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies
on Government wide Debarment and Suspension
(Nonprocurement),’’.
2. Provision applicable to a Recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity:
a. Is determined to have violated an applicable prohibition in paragraph a.1 of this
award term; or
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b. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph a.1
of this award term through conduct that is either—
(1) Associated with performance under this award; or
(2) Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided
in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement),’’
3. Provisions applicable to any recipient.
a. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph a.1 of this award term.
b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
(1) Implements section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
(2) Is in addition to all other remedies for noncompliance that are available to
us under this award.
c. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
4. Definitions. For purposes of this award term:
a. ‘‘Employee’’ means either:
(1) An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
(2) Another person engaged in the performance of the project or program
under this award and not compensated by you including, but not limited to,
a volunteer or individual whose services are contributed by a third party as
an in-kind contribution toward cost sharing or matching requirements.
b. ‘‘Forced labor’’ means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
c. ‘‘Private entity’’:
(1) Means any entity other than a State, local government, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR 175.25.
(2) Includes:
i. A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
ii. A for-profit organization.
d. ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and
‘‘coercion’’ have the meanings given at section 103 of the TVPA, as amended
(22 U.S.C. 7102).
V. DRUG-FREE WORKPLACE.
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1. MI DNR agree(s) that it will publish a drug-free workplace statement and provide a
copy to each employee who will be engaged in the performance of any
project/program that receives federal funding. The statement must
a. Tell the employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in its workplace;
b. Specify the actions MI DNR will take against employees for violating that
prohibition; and
c. Let each employee know that, as a condition of employment under any award,
the employee:
(1) Shall abide by the terms of the statement, and
(2) Shall notify MI DNR in writing if they are convicted for a violation of a
criminal drug statute occurring in the workplace, and shall do so no more
than 5 calendar days after the conviction.
2. MI DNR agree(s) that it will establish an ongoing drug-free awareness program to
inform employees about
a. The dangers of drug abuse in the workplace;
b. The established policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation and employee assistance
programs; and
d. The penalties that you may impose upon them for drug abuse violations
occurring in the workplace.
3. Without the Program Manager’s expressed written approval, the policy statement
and program must be in place as soon as possible, no later than the 30 days after
the effective date of this instrument, or the completion date of this award,
whichever occurs first.
4. MI DNR agrees to immediately notify the Program Manager if an employee is
convicted of a drug violation in the workplace. The notification must be in
writing, identify the employee’s position title, the award number of each award on
which the employee worked. The notification must be sent to the Program
Manager within 10 calendar days after MI DNR learns of the conviction.
5. Within 30 calendar days of learning about an employee’s conviction, MI DNR
must either
a. Take appropriate personnel action against the employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973
(29 USC 794), as amended, or
b. Require the employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for these purposes by a Federal, State or local
health, law enforcement, or other appropriate agency.
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W.PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS.
1. The recipient may not require its employees, contractors, or subrecipients seeking to
report fraud, waste, or abuse to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting them from lawfully
reporting that waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive
such information.
2. The recipient must notify its employees, contractors, or subrecipients that the
prohibitions and restrictions of any internal confidentiality agreements inconsistent
with paragraph (1) of this award provision are no longer in effect.
3. The prohibition in paragraph (1) of this award provision does not contravene
requirements applicable to any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
4. If the Government determines that the recipient is not in compliance with this award
provision, it;
a. Will prohibit the recipient’s use of funds under this award in accordance with
sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016,
(Pub. L. 114-113) or any successor provision of law; and
b. May pursue other remedies available for the recipient’s material failure to
comply with award terms and conditions.
X.ELIGIBLE WORKERS. MI DNR shall ensure that all employees complete the I-9
form to certify that they are eligible for lawful employment under the Immigration and
Nationality Act (8 U.S.C. 1324(a)). MI DNR shall comply with regulations regarding
certification and retention of the completed forms. These requirements also apply to
any contract or supplemental instruments awarded under this award.
Y.FREEDOM OF INFORMATION ACT (FOIA). Public access to award or agreement
records must not be limited, except when such records must be kept confidential and
would have been exempted from disclosure pursuant to Freedom of Information
regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 315(e).
Public access to culturally sensitive data and information of Federally-recognized
Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106
(2009 Farm Bill).
Z.TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO)
13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all
text messaging by Federal employees is banned: a) while driving a Government owned
vehicle (GOV) or driving a privately owned vehicle (POV) while on official
Government business; or b) using any electronic equipment supplied by the
Government when driving any vehicle at any time. All Cooperators, their Employees,
Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text
messaging when driving company owned, leased or rented vehicles, POVs or GOVs
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when driving while on official Government business or when performing any work for
or on behalf of the Government.
AA. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM. As a recipient of
USDA financial assistance, you will comply with the following:
1. Do not discriminate against applicants for sub-grants on the basis of their religious
character.
2. 7 Code of Federal Regulations (CFR) part 16.3(a), Rights of Religious
Organizations.
3. Statutory and National policy requirements, including those prohibiting
discrimination and those described in Executive Order 13798 promoting free speech
and religious freedom, 2 CFR 200.300.
BB. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT. The cooperator (including
subrecipients) is responsible for compliance with the prohibition on certain
telecommunications and video surveillance services or equipment identified in 2 CFR
200.216. See Public Law 115-232, Section 889 for additional information.
In accordance with 2 CFR 200.216, the grantee (including subrecipients) is prohibited
from obligating or expending loan or grant funds for covered telecommunications
equipment or services to:
(1) procure or obtain, extend or renew a contract to procure or obtain;
(2) enter into a contract (or extend or renew a contract) to procure; or
(3) obtain the equipment, services or systems.
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ATTACHMENT B: 2 CFR PART 170
Appendix A to Part 170—Award Term
I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you
must report each action that equals or exceeds $30,000 in Federal funds for a subaward to
a non-Federal entity or Federal agency (see definitions in paragraph e. of this award
term).
2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action
described in paragraph a.1. of this award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the
month in which the obligation was made. (For example, if the obligation was made on
November 7, 2010, the obligation must be reported by no later than December 31,
2010.)
3. What to report. You must report the information about each obligating action that the
submission instructions posted at http://www.fsrs.gov specify.
b. Reporting total compensation of recipient executives for non-Federal entities.
1. Applicability and what to report. You must report total compensation for each of your
five most highly compensated executives for the preceding completed fiscal year, if—
i. The total Federal funding authorized to date under this Federal award equals or
exceeds $30,000 as defined in 2 CFR 170.320;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards), and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and,
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total compensation
filings at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in
paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is made, and
annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report.Unless you are exempt as provided in paragraph d. of
this award term, for each first-tier non-Federal entity subrecipient under this award, you
shall report the names and total compensation of each of the subrecipient’s five most
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Page 16 of 19
highly compensated executives for the subrecipient’s preceding completed fiscal year,
if—
i. in the subrecipient’s preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards) and,
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal financial assistance subject to the
Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total compensation
filings at http://www.sec.gov/answers/execomp.htm.)
2.Where and when to report. You must report subrecipient executive total compensation
described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward.
For example, if a subaward is obligated on any date during the month of October of a
given year (i.e., between October 1 and 31), you must report any required
compensation information of the subrecipient by November 30 of that year.
d.Exemptions.
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are
exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e.Definitions. For purposes of this award term:
1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further
clarified by 5 U.S.C. 552(f).
2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization; and,
iv. A domestic or foreign for-profit organization
3.Executive means officers, managing partners, or any other employees in management
positions.
4.Subaward:
i. This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award and
that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry
out the project or program (for further explanation, see 2 CFR 200.331).
iii. A subaward may be provided through any legal agreement, including an agreement
that you or a subrecipient considers a contract.
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5.Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
6.Total compensation means the cash and noncash dollar value earned by the executive
during the recipient’s or subrecipient’s preceding fiscal year and includes the following
(for more information see 17 CFR 229.402(c)(2)).
END OF ATTACHMENT B: 2 CFR PART 170
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ATTACHMENT C: WHISTLEBLOWER NOTICE
Whistleblowers perform an important service to USDA and the public when they come
forward with what they reasonably believe to be evidence of wrongdoing. They should never
be subject to reprisal for doing so. Federal law protects federal employees as well as personal
services contractors and employees of Federal contractors, subcontractors, grantees, and
subgrantees against reprisal for whistleblowing. USDA bears the responsibility to ensure
that nothing in a non-disclosure agreement which a contractor, subcontractor,
grantee, or subgrantee requires their employees to sign should be interpreted as limiting
their ability to provide information to the Office of Inspector General (OIG).
41 U.S.C. § 4712 requires the head of each executive agency to ensure that its contractors
inform their workers in writing of the rights and remedies under the statute.
Accordingly, it is illegal for a personal services contractor or an employee of a Federal
contractor, subcontractor, grantee, or subgrantee to be discharged, demoted, or otherwise
discriminated against for making a protected whistleblower disclosure. In this context, these
categories of individuals are whistleblowers who disclose information that the individual
reasonably believes is evidence of one of the following:
•Gross mismanagement of a Federal contract or grant;
•A gross waste of Federal funds;
•An abuse of authority relating to a Federal contract or grant;
•A substantial and specific danger to public health or safety; or
•A violation of law, rule, or regulation related to a Federal contract (including the
competition for or negotiation of a contract) or grant.
To be protected under 41 U.S.C. § 4712, the disclosure must be made to one of the
following:
•A Member of Congress, or a representative of a committee of Congress;
•The OIG;
•The Government Accountability Office (GAO);
•A Federal employee responsible for contract or grant oversight or management
at USDA;
•An otherwise authorized official at USDA or other law enforcement agency;
•A court or grand jury; or
•A management official or other employee of the contractor, subcontractor, or
grantee who has the responsibility to investigate, discover, or address
misconduct.
Under 41 U.S.C. § 4712, personal services contractors as well as employees of contractors,
subcontractors, grantees, or subgrantees may file a complaint with OIG, who will investigate
the matter unless they determine that the complaint is frivolous, fails to allege a violation of
the prohibition against whistleblower reprisal, or has been addressed in another proceeding.
OIG’s investigation is then presented to the head of the executive agency who evaluates the
facts of the investigation and can order the contractor, subcontractor, grantee, or subgrantee
Award Number: 23-DG-11094200-340
Page 19 of 19
to take remedial action, such as reinstatement or back pay.
Federal Acquisition Regulation (FAR) Subpart 3.903, Whistleblower Protections for
Contractor Employees, Policy, prohibits government contractors from retaliating against a
contract worker for making a protected disclosure related to the contract. FAR Subpart
3.909-1 prohibits the Government from using funds for a contract with an entity that requires
its employees or subcontractors to sign internal confidentiality statements prohibiting or
restricting disclosures of fraud, waste, or abuse to designated persons. This prohibition does
not contravene agreements pertaining to classified information. The regulation also requires
contracting officers to insert FAR clause 52.203-17, Contractor Employee Whistleblower
Rights and Requirement to Inform Employees of Whistleblower Rights,in all solicitations and
contracts that exceed the Simplified Acquisition Threshold as defined in FAR Subpart 3.908.
This clause requires notification to contractor employees that they are subject to the
whistleblower rights and remedies referenced in 41 U.S.C. § 4712.
In order to make a complaint alleging any of the violations mentioned above, one should
complete the OIG Hotline form located at: https://www.usda.gov/oig/hotline. For additional
information, they may also visit the WPC’s webpage at: https://www.usda.gov/oig/wpc or
they may directly contact the WPC at OIGWPC@oig.usda.gov.
AD-1048 OMB No. 0505-0027
Expiration Date: 09/30/2025
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations
implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were
amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to
complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or
civil fraud, privacy, and other statutes may be applicable to the information provided.
(Read instructions on page two before completing certification.)
A.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency;
B.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME
NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
SIGNATURE DATE
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and
institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact
the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program
information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint
and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866)
632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue,
SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
Oakland County UIRA25-12
David Woodward, Chairman, Oakland County Board of Commissioners
Page 2 of 2
Instructions for Certification
(1)By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in
accordance with these instructions.
(2)The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated
may pursue available remedies, including suspension or debarment.
(3)The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submitted
if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(4)The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person,
""primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set
out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You
may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
(5)The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered
into, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency
with which this transaction originated.
(6)The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
(7)A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the General Services Administration’s System for Award
Management Exclusions database.
(8)Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the
certification required by this clause. The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
(9)Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Form AD-1048 (REV 12/22)
This form is available electronically. OMB Control No. 0505-0027
Expiration Date: 04/30/2022
Certification Regarding Drug-Free Workplace Requirements (Grants) AD-1049
Alternative I – For Grantees Other Than Individuals
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the
regulations implementing §§ 5151-5160 of the Drug-Free Workplace Act of 1998 (Pub. L.100-690, Title V, Subtitle D: 41 U.S.C. § 8101 et seq.), and
2 C.F.R. Parts 182 and 421. The regulations were amended and published on June 15, 2009, in 74 Fed. Reg. 28150-28154 and on December 8, 2011, in
76 Fed. Reg. 76610-76611. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant.
According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to
complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal,
civil, fraud, privacy, and other statutes may be applicable to the information provided.
(Read instructions on page three before completing certification.)
A.The grantee certifies that it will or will continue to provide a drug-free workplace by:
1.Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
2.Establishing an ongoing drug-free awareness program to inform employees about –
a.The dangers of drug abuse in the workplace;
b.The grantee’s policy of maintaining a drug-free workplace;
c.Any available drug counseling, rehabilitation, and employee assistance programs; and
d.The penalties that may be imposed upon employees for drug-abuse violations occurring in the workplace.
3.Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph A.1.
4.Notifying the employee in the statement required by paragraph A.1 that, as a condition of employment under the
grant, the employee will –
a.Abide by the terms of the statement; and
b.Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring
in the workplace no later than five calendar days after such conviction;
5.Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph A.4.b
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant officer on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected grant;
6.Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph A.4.b, with
respect to any employee who is so convicted –
a.Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b.Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or, local health, law enforcement, or other appropriate agency;
7.Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
A.1 through A.6.
B.The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the
specific grant:
PLACE OF PERFORMANCE (Street Address, City, County, State, Zip Code)
Check if there are workplaces on file that are not identified here.
ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME
NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
SIGNATURE(S) DATE
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and
institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or
incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact
the responsible agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program
information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint
(https://www.ascr.usda.gov/filing-program-discrimination-complaint-usda-customer) and at any USDA office or write a letter addressed to USDA and provide in the letter all of the
information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442.
Form AD-1049 (REV 10/19)
Page 2 of 3
Oakland County Parks and Recreation, 2800 Watkins Lake Road, Waterford, MI 48328
Oakland County UIRA25-12
David Woodward, Chairman, Oakland County Board of Commissioners
Instructions for Certification
(1)By signing and submitting this form, the grantee is providing the certification set out on pages one and two in accordance with these
instructions.
(2)The certification set out on pages one and two is a material representation of fact upon which reliance is placed when the ag ency
awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government,
may take action authorized under the Drug-Free Workplace Act.
(3)Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they ma y be
identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there
is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information avai lable for
Federal inspection. Failure to identify all known workplaces constitutes a violatio n of the grantee’s drug-free workplace
requirements.
(4)Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work unde r the
grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department
while in operation, State employees in each local unemployment office, performers in concert halls or radio studios).
(5)If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the
change(s). If it previously identified the workplaces in question, see paragraph (3) above.
(6)Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule
apply to this certification. Grantees’ attention is called, in particular, to the following definitions from these rules:
•“Controlled substance” means a controlled substance in Schedules I through V of the Controlled Substances Act, 21 U.S.C.
§812, and as further defined by 21 C.F.R. §§ 1308.11-1308.15.
•“Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judici al
body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
•“Criminal drug statute” means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing,
use, or possession of any controlled substance.
•“Employee” means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) all
“direct charge” employees (ii) all “indirect charge” employees unless their impact or involvement is insignificant to the
performance of the grant and, (iii) temporary personnel and consultants who are directly engaged in the performance of work
under the grant and who are on the grantee’s payroll. This definition does not include workers not on the payroll of the
grantee (e.g., volunteers, even if used to meet a matching requirement, consultants or independent contractors not on the
grantee’s payroll, or employees of subrecipients or subcontractors in covered workplaces).
Form AD-1049 (REV 10/19)
Page 3 of 3