HomeMy WebLinkAboutResolutions - 2007.05.10 - 9275May 10, 2007
MISCELLANEOUS RESOLUTION # 07117
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER — Rouge River - Oakland Communities Public Education
Program Grant Acceptance
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the United States Environmental Protection Agency's Phase II Storm Water
Regulations ("Phase II") of the Federal Clean Water Act went into effect March 2003; and
WHEREAS, the Phase ll regulations mandate that municipalities located vithin or near
an "urbanized" area must be permitted under the National Pollutant Discharge Elimination Permit
program; and
WHEREAS, in compliance with the Phase II regulations, the Oakland County Drain
Commissioner applied and received coverage under the Municipal Separate Storm Sewer
Systems Watershed General Permit ("Storm Water general permit") for Oakland County; and
WHEREAS the County of Wayne through the Rouge River National Wet Weather
Demonstration Project has offered Federal grants to government entities for addressing and
improving the water quality of the Rouge River; and
WHEREAS the purpose of the grant is to enable the County and local units of
government within the Rouge River Watershed to educate the public and municipal officials how
to improve the water quality of the Rouge River; and
WHEREAS public education will assist in restoring the water quality of the Rouge River
and other river systems within Oakland County; and
WHEREAS the Oakland County Drain Commissioner has applied for and was awarded
$86,650.00 of Federal grant reimbursement from the County of Wayne; and
WHEREAS the total project cost is $173,300.00 of which $86.650.00 is required from
Oakland County as matching funds; and
WHEREAS the required County match will be met with $31,120 of existing OCDC
personnel time already assigned this task, as well as $55,530 of donated services; and
WHEREAS no additional County personnel or monies are required, and all grant funds
will go towards the Rouge-Oakland Public Education Activities Project; and
WHEREAS the United States Environmental Protection Agency (USEPA) has
established grant conditions and regulations that require the County to act as the responsible
party with respect to the grant, including those provisions described within 40 C.F.R. Part 31:
and
WHEREAS the USEPA will supervise the grant and grant conditions in order that the
grant be used in accordance with the requirements of the law; and
WHEREAS acceptance of the reimbursement grant does not obligate the County to any
future commitment; and
WHEREAS the grant agreement has been approved through the County Executive's
Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the application and accepts reimbursement in the amount of $86,650
for the Rouge-Oakland Public Education Activities Project.
BE IT FURTHER RESOLVED that the Drain Commissioner is authorized to sign the
grant agreement and to approve grant modification and extensions, within fifteen (15) percent of
the original award, consistent with the grant agreement approved.
Chairperson, on behalf of the Planning and Building Committee, I mote the adoption of
the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried unanimously on a roll call vote
ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION PROJECT
ROUGE RIVER GENERAL PERMIT PROJECTS
GRANT AGREEMENT
BETWEEN THE COUNTY OF VVAYNE AND THE COUNTY OF OAKLAND
THIS AGREEMENT is entered into this day of , between the
County of Wayne, Michigan, a body corporate and Charter County ("County") and The County of
Oakland, a Michigan Public Corporation ("Entity").
RECITALS
WHEREAS, the County is the recipient of, and is responsible for the administration of
certain federal grant funds referred to as the Rouge River National Wet Weather Demonstration
Project Grant ("Grant").
WHEREAS, the United States Environmental Protection Agency ("USEPA") has established
Grant conditions and regulations that require the County to act as the responsible party with respect
to the Grant, including those provisions described within 40 C.F.R. Part 31.
WHEREAS, the USEPA will supervise the Grant and Grant conditions in order that the
Grant be used in accordance with the requirements of the law.
WHEREAS, the parties have agreed to follow certain administrative procedures and
cooperate on the various tasks to be undertaken in order for the County to comply with the Grant's
requirements and objectives.
WHEREAS, the Rouge River National Wet Weather Demonstration Project ("Rouge
Project") is a comprehensive watershed-wide program addressing wet weather pollution problems
ranging from controlling combined sewer overflows ("CSO") to storm water runoff in the Rouge
River.
WHEREAS, one of the purposes of the Grant is to enable the County and local units of
government within the Rouge River Watershed to evaluate alternative approaches for controlling
sources of water pollution.
WHEREAS, implementing the National Pollutant Discharge Elimination System (NPDES)
General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Water
Drainage Systems (Permit No. MIG610000) ("Storm Water General Permit") issued by The
Michigan Department of Environmental Quality ("MDEQ") for the local unit will further the Grant's
goal to improve water quality and recreational use of the Rouge River.
WHEREAS, illicit discharge elimination, public education and subwatershed management
planning and implementation are considered examples of the types of activities included the Storm
Water General Permit which will assist in restoring the water quality of the Rouge River.
GRANT REVIEW SIGN OFF — Drain Commissioner's Office
GRANT NAME: Rouge Oakland Communities Public Education Efforts
FUNDING AGENCY: Wayne County: Rouge River National Wet Weather Demonstration
Project
DEPARTMENT CONTACT PERSON: Jim Wineka / 248.858.1901
STATUS: Acceptance
DATE: April 23, 2007
Please be advised the captioned grant materials have completed internal grant review.
Below are the returned review comments.
The captioned grant materials and grant acceptance package (which should include the
Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract,
Finance Committee Fiscal Note, and this Sign Off email containing grant review
comments) may be requested to be placed on the appropriate Board of Commissioners'
committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (4/16/2007)
Department of Human Resources:
Approved by HR at this time, contingent upon sufficient grant funding from the State. —
Jennifer Mason (4/16/2007)
Risk Management and Safety:
Approved By Risk Management — Andrea Plotkowski (4/23/2007)
Corporation Counsel:
Approved. — Mary Mara (4/23/2007)
COMPLIANCE
The grant contract references a number of specific federal and state regulations. Below is as list
of these specifically cited compliance related documents for this grant.
• Michigan Handicappers Civil Rights Act; Act 220 of 1976 -
httn://legislature.mi.gov/doc.asnx?mcL-Act-220-of-1976
• Michigan Civil Rights Act; Act 453 of 1976 —
httn://legislature.mi.2ov/doe.asox?mcl-Act-453-of-1976
• Federal Civil Rights Act of 1964 - http://www.usdoi.gov/crt/cor/index.htm
• Age Discrimination Act of 1975 -
http://www.dol.govioasam/regs/statutes/age act.htm
• Rehabilitation Act of 1973 - http://www.dol.govicompliance/laws/comp-
rehab.htm
• Environmental Protection Agency regulations (40 C.F.R., Part 7) -
http://www.epa.govicivilrights/docs/40p0007.pdf
• The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101)
http://frwebgate4.access.gpo.gov/cgi-
in/waisgate.cgi?WAISdocID=42030427315+0+0+0&WAISaction.----retrieve
WHEREAS, the Rouge Oakland Communities Public Education Efforts Project set forth
in this Agreement would further the goals of the Grant.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties hereby agree as follows:
ARTICLE I
SCOPE OF PROJECT
1.1 The County will provide a portion of the Grant to Entity to enable the Entity to do the
activities described in Attachment "A"
1.2 The budget presented in Attachment "A" along with the scope of work presented in
Attachment "A" specify the performance of the work as anticipated at the time the contract is signed.
1.3 The Entity agrees to submit a Final Project Summary Report at the project end to assist the
County in the grant close-out process. The Final Project Summary Report should include:
A. A summarized clear description of the project. In addition to the project description,
the report should include the following: project objectives; major elements of the
project; project products completed (project products are listed in Attachment "A");
and project highlights.
B. Comments on how the completion of this project benefitted or is projected to
improve the Rouge River.
C. A written set of recommendations to other local governments and agencies that
evaluates the benefits and cost effectiveness of the project. The evaluation should
consider the total project cost. The recommendations should also summarize how
the project was evaluated and the evaluation results of the effectiveness of the
project.
D. Comments on how the results of this project are transferrable to other communities
or agencies.
E. List of all task products completed. The list should include the official name of the
products.
ARTICLE II
SCHEDULE OF WORK
2.1 The Time Frame for the project milestones completion is contained in Attachment "A".
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ARTICLE III
FINANCIAL PROVISIONS AND BUDGET
3.1 The detailed budget is contained in Attachment "A" and will be considered an approximation
based on the best information available at the time of this Agreement. The internal distribution of
the monies allocated among project elements may be modified by the Entity up to a total cumulative
transfer among direct cost categories not to exceed 10% of the total budget without written approval
by the County. Other modifications to the budget will be only upon written Agreement between the
County and the Entity.
3.2 The County will provide funds from the Rouge Project grant to partially fund the approved,
allowed, and eligible costs for activities outlined in Attachment "A". The total amount, to be
reimbursed to the Entity shall not exceed $86,650. The Entity shall provide a minimum match of
$86,650 of approved costs, which may be satisfied by demonstrating either cash or in-kind services
from non-federal sources.
3.3 The County will hold the final 10 to 20 percent of the total federal fund allowable to the
Entity until the completion of the project by the Entity as identified in Attachment -A". Upon
completion of all the tasks by the Entity, the approval of the Entity task products by the County, and
the approval of the Entity submittal of the documentation of the final project cost by the County, the
remaining 10 percent of the federal funds will be reimbursed to the Entity.
ARTICLE IV
CONTRACT ADMINISTRATION AND PAYMENT
4.1 This Agreement will be administered on a cost reimbursement basis. The Entity shall submit
to the County project status reports and invoices on standard forms provided by the County.
4.2 All reports and invoices shall be submitted at least quarterly, no more than forty (40) days
after each quarter end date. Reimbursements shall not be allowed without a status report submission.
4.3 Invoices must clearly identify:
A. Total program outlays to the date of the invoice.
B. The non-federal share of amount expended.
C. The federal share of amount expended.
D. The federal payments previously received.
E. The reimbursements requested for the billing period.
F. Project work element detail.
G. Project direct costs and outside services.
H. Time sheets for hourly employees and labor distribution sheets for salaried
employees.
I. Documentation of all contractor costs.
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4.5 The invoices must be certified for completeness and correctness by an appropriate Entity
official.
4.6 All invoices will be paid by the County within thirty (30) days of receipt of funds from the
USEPA.
4.7 The Entity will provide documentation to the County that demonstrates compliance with
federal and state regulations before payments will be processed. The Entity will prepare all cost
estimates for implementation of the planned activities, including a breakdown of eligible and
ineligible cost items, with respect to grant funding. These cost estimates will be provided in a format
to be established by the County.
4.8 The Entity will exercise the necessary contract oversight and administration of any
subcontracts. These duties indlude, but are not limited to construction inspection and negotiating
and executing change orders (where construction is to occur), monitoring project progress,
responding to subcontractor or citizen complaints, coordinating between different subcontracts, and
overseeing subcontractor's compliance with the approved project plans and specifications. These
activities are to be done in accordance with procedures established by the Grant and by 40 C.F.R.
Part 31.1, et seq.
4.9 All reports, invoices, and work products required under this contract will be transmitted to
the Director of Watershed Management Division, Department of Environment, Wayne County, care
of Mr. Razik Alsaigh, 415 Clifford, Detroit Michigan 48226.
ARTICLE V
AUDIT AND ACCESS TO RECORDS
5.1 The Entity will maintain and retain financial records and supporting documentation in
accordance with generally accepted accounting procedures and in accordance with the requirements
of federal and state regulations.
5.2 The Entity will cooperate with and assist the County with respect to federal or state audit
review related to the use of Grant funds. This cooperation shall include preservation of the necessary
documentation and access to the records until federal and/or state audit resolution processes have
been completed and notification of records disposal has been received by the County. The Entity
will cooperate with the County with respect to evaluating audit findings of this Agreement.
5.3 The Entity will be responsible for the reimbursement of any funds required to be returned
to the USEPA due to Entity actions or omissions, as determined by audit findings, and the Entity
will be soley responsible for the repayment of such funds to the County or USEPA.
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ARTICLE VI
GENERAL PROVISIONS
6.1 This Agreement is expected to be funded in part with funds from the USEPA. The Entity
will not enter into any agreements with either the United States or any of its departments, agencies,
or employees which are or will be a party to this Agreement or any lower tier subagreement for
monies related to this specific project. This Agreement is subject to regulations contained in 40
C.F.R. Part 31 in effect on the date of the assistance award for this project.
6.2 The Entity understands that the County has no funds other than the Grant funds to pay for
the project costs. All costs other than the Grant funds associated with the activities which are the
subject matter of this Agreement will he the responsibility of the Entity.
6.3 The Entity will cooperate with the County to ensure timely completion of the tasks
undertaken as part of the project. Cooperation includes, but is not limited to sharing information and
records, participation in applicable committees, and assisting in development and evaluation o f water
quality improvement alternatives.
6.4 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31 and, as
applicable, all provisions contained in the Grant. In the event there are any conflicts between the
provisions of this Agreement and the terms of the Grant, the Grant terms will prevail. The June 16,
1998 correction letter of the grant fair share goals from EPA. The fair share goals for the Grant as
identified in that letter are as follows:
Construction 20% Minority Business Enterprise (MBE) 10% Woman Business Enterprise
(WBE)
Services 20% MBE 10% WBE
Equipment 8% MBE 4% WBE
Supplies 8% MBE 4% WBE
6.5 The Entity is responsible for sec uring all necessary permits from regulatory agencies and is
responsible for obtaining any professional services necessary for the Project Activities. The Entity
will act at all times in accordance with applicable federal and state regulations, and will secure any
permits and negotiate the terms of agreements in accordance with those requirements.
6.6 If the Entity secures any interest in lands, including easements, these acquisitions will be in
accordance with applicable federal law and regulations including 49 C.F.R., Part 24 and state statutes
related to the taking of interests in land.
6.7 With respect to construction projects, the Entity is responsible for conducting post-project
evaluation and certifying that any construction meets the approved design criteria. These
certifications will be submitted to Wayne County and the USEPA and MDEQ, where appropriate,
in accordance with the Grant requirements and applicable regulations. If the project does not meet
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the design criteria, the Entity will be responsible for taking the necessary corrective measures.
6.8 The ownership of any facilities constructed under this Agreement will remain with the Entity.
The Entity agrees to operate and maintain the facility consistent with the Grant project goals and in
accordance with the requirements of the applicable federal and state statutes and regulations, Grant
conditions, and local ordinances.
6.9 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.32 relating
to any equipment including computers and peripheral computer equipment purchased as part of this
grant assistance project.
6.10 Any amendment to this agreement must be in writing, and signed and acknowledge4 by a
duly authorized representative of each party.
6.11 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.36 (d)
relating to procurement of services as part of this grant assistance project. For construction contracts
the Entity shall use bid type contracts. For consulting contracts, the Entity shall use any of the four
procurement procedures in the 40 CFR 31. For most of the consulting contracts, the RFQ or RFP
procurement procedure is the applicable one. The selection of the consultant can be based on the
qualification or qualification and cost proposal. After selecting your consultant, submit your
procurement documentation to the County. The procurement documentation should include:
— Rationale for method of procurement
— Copy of advertisement, where it was published and for how long.
— How many proposals received?
— How was company X selected (You can use pre-established criteria of qualification or cost or both).
— Selection of type of contract to be used.
6.12 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.36 (f)
relating to contract cost or price of services as part of this grant assistance project. Price/cost analysis
must be performed by the Entity prior to award of any type of contract. The selected contractor must
submit a cost proposal to the Entity. The cost should be broken down by task. The cost proposal
should consist of the following categories:
Direct labor (with backup that establish this cost (hours and personnel))
Overhead (backup to establish this rate)
Other Direct Expenses (backup to establish this item)
Subconsultant
Subconsultant Administrative Charge (if applicable)
Total
Fee (Fixed for a fixed fee contract)
The cost analysis consists of the Entity determining the reasonableness of the selected contractor's
proposed cost, (i.e. is the allowable overhead rate used, correct pay rates for employees, accurate
expense rate charges). Price analysis consists of the Entity comparing proposed prices received with
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other proposals submitted for this job, independent estimate from the Entity experience or cost
estimate from existing master plan. Copies of price/cost analysis documentation should submitted
to the County. After completing the price/cost analysis, any type of the contracts indicated below
can be executed:
— Cost plus fixed fee contract.
— Fixed price (lump Sum) contract.
— Catalog price contracts, example: geotechnical investigations with the price of the test are
established in the market.
— For certain contracts where the above types are not applicable, the county will allow contracts
with proscribed billing rates (per diem contracts), which establishes pay rate for professional
categories example: Engineer I. Engineer II, Project Engineer, Field technical Help, etc;
These above types of contract are applicable for the main contractor and the sub-contractor level
also. Cost plus a percentage of cost and percentage of construction cost methods of contracting shall
not be used.
ARTICLE VII
WAIVER OF BREACH
No failure by a party to insist upon the strict performance of any term of this Agreement or
to exercise any term after a breach, constitutes a waiver of any breach of the term. No waiver of any
breach affects or alters this Agreement, but every term of this Agreement remains effective with
respect to any other existing or subsequent breach.
ARTICLE VIII
TERMINATION
8.1 This Agreement will terminate after the final audit and final resolution of any issues related
thereto as described within 40 C.F.R. Part 1, Subpart D.
8.2 This Agreement may be terminated in whole or in part in writing by the County for its
convenience. The Entity must be given: (1) not less than thirty (30) calendar days written notice of
intent to terminate; and (2) an opportunity for consultation with the County prior to termination.
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This Agreement may be terminated in whole or in part in writing by the Entity for its convenience.
The County must be given: (1) not less than thirty (30) calendar days written notice of intent to
terminate; and (2) an opportunity for consultation with the Entity prior to termination.
8.3 If termination for convenience is effected by the County or the Entity, an equitable
adjustment in the Agreement price will be made. The equitable adjustment for any termination will
provide for payment to the Entity for services rendered and expenses incurred prior to termination.
Equitable adjustment also will include termination settlement costs reasonably incurred by the Entity
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and approved by the County, relating to personnel hired specifically for activities related to this
Agreement, provided such costs are eligible and allowable under the terms of the Grant.
8.4 Upon receipt of a termination notice pursuant paragraphs 8.2 or 8.3, above, the Entity will:
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to the County all data, drawings, specifications, reports, estimates,
summaries, and such other information and materials as may be accumulated by the Entity in
performing this Agreement, whether completed or in process.
8.5 Upon termination pursuant to paragraphs 8.2 or 8.3, above, the County may take over the
work and prosecute the same to completion by Agreement with another party or otherwise.
8.6 All notices of termination will be sent certified mail, postage prepaid and return receipt
requested to: Wayne County, 'Department of Environment, Director of Watershed Management
Division, 415 Clifford, Detroit Michigan 48226.
ARTICLE IX
LIABILITY
9.1 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out
of activities of the Entity will be the sole responsibility of the Entity and not the responsibility of the
County. Nothing herein will be construed as a wavier of any governmental immunity by the Entity,
its agencies, or employees have as provided by statute or modified by court decisions.
9.2 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out
of activities of the County will be the sole responsibility of the County and not the responsibility of
the Entity. Nothing herein will be construed as a wavier of any governmental immunity by the
County, its agencies, or employees have as provided by statute or modified by court decisions.
ARTICLE X
INSURANCE
10.1 The Entity shall purchase and/or self-insure, to the extent permissible by law, have the
County, its officers, commission, boards, and employees named as additional parties insured under
the policy or policies of insurance and maintain such insurance so as to protect the County from
claims set forth below which may arise out of or result from the project services, whether such
services be by the Entity, by any subcontractor, or by anyone directly or indirectly employed by the
Entity, or by anyone for whose acts any of them may be liable.
10.2 Throughout all phases of the project and for a period of three (3) years after final completion
and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost
and expense, a professional liability insurance policy for claims for damages arising out of an error,
omission, or negligent act in the performance of professional services, with limits of S1 million
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dollars per claim and $1 million dollars in the aggregate for each twelve (12) month period. The
Entity agrees that the policy may not be substantially modified or canceled without thirty (30) days
prior written notice to the County and shall promptly notify the County of any failure to renew such
policy as necessary prior to final completion of the Project.
10.3 Throughout all phases of the project and for a period of three (3) years after final completion
and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost
and expense, with insurance companies authorized to do business in the State of Michigan, the
following insurance coverages:
10.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other
similar employee benefit act of any other state applicable to an employee.
- '-
10.3.2 Employers' Liability Insurance, in conjunction with Workers' Compensation
Insurance for claims for damages because of bodily injury, occupational sickness or disease, or death
of an employee when Workers' Compensation may not be an exclusive remedy. Such insurance shall
be subject to limits of liability of not less than $500,000 dollars for each incident,
10.3.3 General Liability Insurance for claims for damages because of bodily injury or death
of any person, other than the Entity's employees, or damage to tangible property ofothers, including
loss of use resulting therefrom. Such insurance shall be subject to bodily injury limits of not less
than $500,000 per occurrence and $1 million annual aggregate and property damage limits of not less
than $500,000 per occurrence or combined bodily injury/property damage limits of not less than
$750,000 per occurrence and Si million annual aggregate.
10.3.4 Contractual Liability Insurance for claims for damages that may arise from the
Entity's contract under Article X concerning indemnification for errors, omissions, or negligent acts
in the course of the professional service or other provision within this Agreement, to the extent that
such kinds of contractual liability are insurable in connection with, and subject to, limits of liability
not less than for the professional liability insurance and general liability insurance set forth in
subparagraphs 10,2 and 10.3.3, above.
10.3.5 Comprehensive Automobile Liability coverage, including coverage for all owned,
hired, and non-owned vehicles with coverage of S1 million dollars per occurrence for bodily injury
and property damage combined.
10.3.6 Automobile No-Fault Insurance required by law for claims arising from ownership,
maintenance, or use of any motor vehicle owned or non-owned, County, or for-hire vehicles, with,
coverage of $ 1 million single limit of liability and any applicable first-party benefits based on
Michigan's no-fault law.
10.4 Certificates of insurance shall be provided to the County prior to commencing Project Services
under this Agreement. Said certificates shall contain a provision that coverage afforded shall not be
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canceled, materially modified, or allowed to expire unless the insurance carrier has given at least
thirty (30) days prior written notice to the County.
10.5 The County and the Entity waive all rights against each other and their consultants, agents, and
employees for damages covered by any property casualty insurance during the Project Services, but
only to the extent covered by such insurance.
10.6 Compliance by the Entity with the requirements of this Article as to carrying insurance and
furnishing proof thereof to the County, shall not relieve the Entity of its liabilities and obligations
under this Agreement.
10.7 The provisions of this Article shall survive the expiration of any termination of this Agreement
for a period of three (3) years.
ARTICLE XI
NON-DISCRIMINATION
11.1 In accordance with the United States Constitution and all federal legislation and regulations
governing fair employment practices and equal employment opportunity, the Entity shall comply
with:
A. Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252) and
the United States Department of Justice regulations (28 C.F.R. Part 52) issued
pursuant to Titles VI and VII;
B. Environmental Protection Agency regulations (40 C.F.R., Parts 7 and 12);
C. The Age Discrimination Act of 1985 (42 U.S.C. §6101-07);
D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
E. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) and its
associated regulations; and
F. The Michigan. Constitution and all state laws and regulations governing fair
employment practices and equal employment opportunity, including but not limited
to the Michigan Civil Rights Act (1976 P.A. 453),and the Michigan Handicappers
Civil Rights Act (1976 P.A. 220).
11.2 The Entity agrees that it will not discriminate against any person, employee, consultant or
applicant for employment with respect to his or her hire, tenure, terms, conditions or privileges of
employment because of his or her religion, race, color, national origin, age, sex, height, weight,
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marital status, or a handicap that is unrelated to the individual's ability to perform tasks particular
to a job or position.
11.3 The Entity further agrees that it will require each contractor performing services under
this Agreement to agree to the provisions of this Article.
11.4 The Entity is responsible for complying with all federal and state laws and regulations
regarding competitive bidding.
ARTICLE XII
ASSIGNABILITY
- .-
12.1 This Agreement will be binding upon and enure to the benefit of the parties hereto and
their respective heirs and assigns.
12.2 Neither of the parties hereto may assign this Agreement without the prior written consent
of the other.
ARTICLE XIII
VALIDITY
13.1 If any provision of this Agreement or the application to any person or circumstance is, to any
extent, judicially determined to be invalid or unenforceable, the remainder of the Agreement, or the
application of the provision to persons or circumstances other than those as to which it is invalid or
unenforceable, is not affected and is enforceable, provided the invalid provision does not
substantially alter the contract or make execution impractical.
ARTICLE XIV
ENTIRE AGREEMENT
14.1 This document, including any attachments, contains the entire agreement between the parties.
14.2 Neither party has made any representations except those expressly set forth herein.
14.3 No rights or remedies are, or will be acquired, by either party by implication or otherwise
unless set forth herein.
ARTICLE XV
PATENTS, COPYRIGHTS, AND RIGHTS IN DATA
15.1 If this Agreement involves research, developmental, experimental, or demonstration work
and any discovery or invention arises or is developed in the course of or under this Agreement, the
Entity and the County shall retain joint authority to patent or license.
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15.2 The parties agree that any plans, drawings, specifications, computer programs, technical
reports, operating manuals, and other work submitted, or which are specified to be delivered under
this Agreement, or which are developed or produced and paid for under this Agreement are subject
to the rights of both parties and both parties shall retain an irrevocable license to reproduce, publish
and use in whole or in part and to authorize others to do so.
15.3 This Agreement is funded in part by the USEPA and is therefore subject to the reporting and
rights provisions of 40 C.F.R. Part 30 Subpart D including Appendix B and Appendix C.
15.4 This clause shall be included in all subcontracts.
ARTICLE XVI
JURISDICTION AND GOVERNING LAW
16.1 This Agreement, and all actions arising from it, must be governed by, subject to, and
construed according to the law of the State of Michigan.
ARTICLE XVII
EFFECTIVE DATES
17.1 This Agreement becomes effective and shall allow for billing of costs incurred immediately
upon signing by both parties This Agreement, unless extended by mutual written agreement,
expires on March 31, 2008. Should the USEPA require reimbursement by the County of funds
transferred to the Entity for costs incurred prior to this Agreement, the Entity shall be responsible
for any such reimbursement.
ARTICLE XVIII
PARTY REPRESENTATIVES
18.1 The County's representative for this Agreement is the Director of Watershed Management
Division, Department of Environment, Wayne County. The Entity representative for this Agreement
is the Chief Engineer for Oakland County Drain Commissioner's Office. Either party may assign
alternate representatives upon written notification of the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the date and year first written above.
COUNTY OF WAYNE, MICHIGAN
By:
ROBERT A. FICANO
Its: Wayne County Executive
COUNTY OF OAKLAND, MICHIGAN
By:
Its:
TAwatershethRazik \Rouge Subgrants\ Funded Projects itouncIVIIVIIB Projects \RVI1B051AA-RVIIB05.wpd February 19, 2007
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ATTACHMENT "A"
Rouge Oakland Communities Public Education Efforts (RVIIB-05)
Oakland County Drain Commissioner's Office
1. Project Purpose and Objectives
The purpose of this project is to develop and continue public education efforts for
Oakland County communities in the Rouge River watershed. The deliverables of
this project will be made available to communities throughout the Rouge River
Watershed and other-watersheds.
The storm water general permit requires watershed education for the pur:Pbse of
encouraging the public to reduce the discharge of pollutants in storm water. The
public is defined as all persons who potentially could affect the quality of storm
water discharges, including, but not limited to, residents, visitors to the area,
businesses, commercial operations, and construction activities.
The storm water general permit has identified the following education categories
based on the potential impact:
1. Personal Watershed Stewardship
2. Ultimate Stormwater Discharge Location and Potential Impacts
3. Public Reporting of Illicit Discharges
4. Personal Actions Can Impact the Watershed
5. Waste Management Assistance
6. Management of Riparian Lands
Experience in the Rouge River Watershed has shown that the most cost-effective
way for communities to meet the goals of the stormwater permit is to work
together. This is especially true for public education activities. The regional public
education programs initiated to date by Wayne County, the Rouge Project,
Oakland County, Southeast Michigan Partners for Clean Water, SOCRRA
Healthy Lawn and Garden Program, and others help communities develop
consistent messages and tools. Consistent messages and tools allow
communities to most cost-effectively educate the public.
This project will develop educational materials with consistent messages for the
Management of Riparian Lands and Ultimate Stormwater Discharge Location
and Potential Impacts. It will continue previously established programs that have
been proven to be effective such as broadcast of cable television public service
announcements and the municipal education program.
Oakland County is an active member of the Alliance of Rouge Communities
(ARC), ARC Executive Committee, ARC Public Involvement and Education (PIE)
Committee, ARC Technical Committee, the Main 1-2 Subwatershed Advisory
Group, the Upper Subwatershed Advisory Group, and the Middle 1
Subwatershed Advisory group.
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This project addresses the Public Education elements of the Oakland County
Storm Water Pollution Prevention Initiative (SWPPI), specifically Oakland County
Goal 7 — Public Education and Goal 3 — Improve/Maintain River Ecosystems for
Fish and Wildlife.
2. Task Description
This proposed project contains five tasks:
Task 1 — Riparian Education Program
Task 2 — Ultimate *Stormwater Discharge Point Education
Task 3 — Municipal Education
Task 4 — Cable Television and Radio Public Service Announcements
Task 5 — Grant Administration
Task 1 — Riparian Education Program
The actions of riparian landowners have a direct link on the water quality of the
Rouge River. Specialized educational materials will be developed to target this
audience.
There are numerous sources of educational materials for riparian landowners,
which will be utilized to develop the education campaign. Sources include Rouge
Corridor Management Technical Advisory Committee, Rouge Main 1-2 SWAG,
Southeastern Oakland County Resource and Recovery Authority (SOCRRA),
Oakland County Planning and Economic Development Services, Clinton River
Watershed Council, and Michigan State University — Extension. These
organizations will be invited to serve on the committee to consolidate the existing
sources of riparian information into an easy to read, comprehensive, package for
homeowners. Research and development will be completed to identify any gaps
in information to develop additional information. Involving these organizations
early in the process will ensure there is no duplication of effort and that existing
research and documentation is used to the greatest extent possible.
Experience has shown that to effectively reach riparian homeowners, the
produced materials need to be comprehensive with a professional appearance.
OCDC will work with a graphics artist to produce documents that are both
informative and visually appealing.
OCDC will build on existing riparian education programs by forming and leading
a work group to develop a comprehensive yet simple education plan for riparian
landowners, modeled after the 7 Simple Steps for Clean Water Campaign. The
effort will differ from previous education campaigns in that it will be targeted
towards all homeowners and formatted in an easy to read format. Previous
efforts have developed extensive documents that are very useful for those
homeowners that are very interested or involved in their community. The
documents developed by OCDC will be a "starter packet" for homeowners not
currently involved in existing riparian efforts. The information will be presented in
an easy to understand format that is easy to read. It will be intended to draw in
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homeowners who currently aren't aware of the impact their actions have on the
existing waterways present easy to use information
This effort will summarize available riparian information into an easy to use
format. Available information will be summarized and segmented into
manageable components and additional information will be researched and
developed to fill in any identifiable gaps. Information will be made available on
the OCDC Web site, www.oakdov.com/drain.
Deliverables:
• Work Group Meeting Summaries
• Brochure(s) with Educational Material
• Poster
Task 2 — Ultimate Stormwater Discharge Point Education
The second watershed education category identified by the General Permit is to
educate the public on the ultimate stormwater discharge location and potential
location. Oakland County Planning and Economic Development (0CPEDs) and
OCDC developed a poster template titled "Where Does the Flow Go?" that
touches on each of the key messages for this education category including the
connection between storm drainage systems and natural water bodies, the
environmental impacts of pollutants that enter the storm drainage system, how to
keep common pollutants out of the storm drainage system, and that stormwater
discharge from separate storm drain systems does not receive treatment prior to
discharge.
The poster template contains an aerial image of the facility with the storm sewer
system and a description of how the water falling on the parking lot enters a
catch basin or swale than travels through a storm sewer to a water body and
eventually the Great Lakes. OCDC with the assistance of OCPEDs will make the
template available to communities and the aerial image of their facility. The
community will provide the storm sewer system at their facility.
Deliverables:
• List of Oakland Rouge Communities who received the poster template
• Poster template for use in other Rouge Watershed communities
Task 3 — Municipal Education
Municipal facility managers play a key role in reducing storm water pollution from
municipal facilities. Contacts with this audience have indicated that they are
willing to implement best management practices if they have easy to use
guidance. OCDC has been partnering with SEMCOG as part of the SE Michigan
Partners for Clean Water Municipal Education program to develop guidance for
this audience. Posters and brochures have been developed for the garage and
storage yard module. The landscaping and a third module are expected to be
completed during this grant period. OCDC will continue to participate in this
program. OCDC will print the pamphlets and posters developed as part of this
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program and distribute to municipal staff in the Oakland County portion of Rouge
River Watershed.
Deliverables:
• Printing of pamphlets and posters
Task 4— Cable Television and Radio Public Service Announcements
Oakland County will contract with cable and radio companies to broadcast public
service announcements. The announcements will primarily follow the Public
Education calendar 6f messages developed by the Regional Partners for Clean
Water Campaign. The effort will be coordinated with Wayne County Department
of Environment who plan to be broadcasting radio or cable ads until April 2007.
Deliverables:
The final project summary report will summarize the number of times the
announcements were played.
Task 5 — Grant Administration
OCDC will provide necessary grant administration tasks, including accounting,
IAA preparation, facilitation, quarterly status reports, reimbursement requests,
and a final project summary report for the project.
DELIVERABLES:
• IAA
• Quarterly reports
• Final report
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3. Project Schedule
Rouge Oakland Communities Public Education Activities (RVIIB-05)
Anticipated Project Schedule
Task Description
2 Ultimate Stormwater
Discharge Point Education
4 — Cable Television and
Radio Public Service
Announcements
1 — Riparian Education
Programs
5 — Grant Administration
— Municipal Education
2007
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4. Project Cost
Rouge Oakland Communities Public Education
Activities (RVIIB-05)
Summary Cost Table
Task Number and Description Task Cost Type of Effort
1 — Riparian Education Programs $ 41,000 ' Planning/Implementation
2 — Ultimate Stormwater Discharge $ 3,000 Planning/Implementation
Point Education
3— Municipal Education S 10,000 Planning/Implementation ,
4 — Cable Television and Radio $ 114,000 ' Planning/Implementation
Public Service Announcements
, 5 - Administration $ 5,300 Planning/Implementation
1 Total Project Cost $ 173,300
Maximum Federal Grant Funding $ 86,650
Funding percentage is 50%
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Rouge Oakland Communities Public Education Efforts - Detailed Cost Table
Task Number and Hours
Description Sup'r Planner Engineer Labor & Supplies Printing Contracted
Fringe Services Total Labor & Fringe Rate $74 $46 $59
1 — Riparian Education
440 $ 20,240 $ 10,760 10,000 $ 41,000 Programs
— Ultimate Stormwater . . Discharge Point 60 2,760 $ 240 $ 3,000
Education
— Municipal Education 44 2,600 $ 7,400 $ 10,000
4 — Cable Television
Public Service 64 2,940 $ 111,060 $ 114,000
Announcements
5 - Administration 42 20 20 5,200 100 $ 5,300
Totals 42 584 64 33,740 $ 340 18,160 $121,060 173,300
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5. Local Match
Local match for the project will be provided by OCDC Environmental Unit
labor and donated airtime for public service announcements by the cable and
radio contractors. The ()CDC EU labor is required for compliance with
Oakland County's Phase II permit.
Rouge Oakland Communities Public Education Efforts —
Federal and Local Share
Federal Share Local Share
Task Number and , . Task Total Contractor . Description RPO Grant °CDC Donated Radio /
Television Ads
1 1 — Riparian Education $ 41,000 $ 20,500 $ 20,500 ( Programs
2 — Ultimate Stormwater
Discharge Point $ 3,000 $ 1,500 $ 1,500
Education
3— Municipal Education $ 10,000 $ 5,000 $ 5,000
4 — Cable Television
Public Service $ 114,000 $ 57,000 $ 1,470 $ 55,530
Announcements
5 - Administration 5,300 $ 2,650 2,650
,
Totals $ 173,300 $ 86,650 $ 31,121 $ 55,530 I i
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FY 2007
($31,120)
FISCAL NOTE (RISC. #07117) May 10, 2007
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: DRAIN COMMISSIONER - ROUGE RIVER -OAKLAND COMMUNITIES PUBLIC EDUCATION
PROGRAM GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Rouge-Oakland Public Education Activities Project is to enable
Oakland County and local units of government to evaluate alternative
approaches for controlling sources of water pollution, increase
public education and assist in restoring the water quality of the
Rouge River and other river systems within Oakland County.
2. The Rouge-Oakland Public Education Activities Project was awarded a
Federal grant reimbursement from the County of Wayne in the amount
of $86,650.00 and Oakland County will match the funds by 50%, or
$86,650.00 for a total project cost of $173,300.00.
3. This is a one-time grant and therefore, indirect costs for this
particular grant were not calculated in the County's indirect cost
plan.
4. The County match will be met with $31,120 of existing Drain
Commissioner personnel time already assigned to this task, as well
as $55,530 of other in-kind services from documented donations. No
additional General Fund monies are required.
5. A budget amendment is recommended for the Fiscal Year 2007 Drain
Commissioner's budget for personnel cost to be charged to the Grant
as follows:
General Fund (10100)
Revenue
6010101-174450-631827 Reimbursement General
Total Revenue
Expenses
6010101-174450-702010 Salaries ($16,495)
6010101-174450-722740 Fringes ($14,625)
Total Expenditures ($31,120)
Rouge Oakland Communities Public Ed. Grant (29471 Project GR0000000349
Activity ADM)
Revenue
6010301-174450-610313 Federal Operating Grants $31,120
Total Revenue $31,120
Expenses
6010301-174450-702010 Salaries $16,495
6010301-174450-722740 Fringes $14,625
Total Expenditures $31,120
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
Resolution #07117 May 10, 2007
Moved by Potter supported by Gregory the resolutions (with fiscal notes attached) on the amended Consent
Agenda, be adopted (with accompanying reports being accepted).
AYES: Burns, Coulter, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack,
Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent
Agenda, were adopted (with accompanying reports being accepted).
APPROVE THE FORE4INMIIMOti
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 10, 2007, with
the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 10th day of May, 2007.
1•
Ruth- , County Clerk