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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. Award Number: 23-DG-11094200-340 Page 4 of 19 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 Page 5 of 19 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- Award Number: 23-DG-11094200-340 Page 6 of 19 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 Award Number: 23-DG-11094200-340 Page 7 of 19 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.) Award Number: 23-DG-11094200-340 Page 8 of 19 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 Award Number: 23-DG-11094200-340 Page 9 of 19 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 Award Number: 23-DG-11094200-340 Page 10 of 19 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 Award Number: 23-DG-11094200-340 Page 11 of 19 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. Award Number: 23-DG-11094200-340 Page 12 of 19 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. Award Number: 23-DG-11094200-340 Page 13 of 19 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 Award Number: 23-DG-11094200-340 Page 14 of 19 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. Award Number: 23-DG-11094200-340 Page 15 of 19 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 Award Number: 23-DG-11094200-340 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. Award Number: 23-DG-11094200-340 Page 17 of 19 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 Award Number: 23-DG-11094200-340 Page 18 of 19 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