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HomeMy WebLinkAboutResolutions - 2008.03.06 - 9540REPORT (MISC. 108036) March 6, 2008 BY: Finance Committee, Mike Rogers, Chairperson IN RE: PARKS AND RECREATION COMMISSION - APPROVAL AND ACCEPTANCE OF #2007 - 0123 WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS To: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution on February 28, 2008, reports with the recommendation that the resolution be amended to delete the 2 na Be It Further Resolved entirely. ChairpPrsnn, on behalf of the Finance Committee, : move acceptance of the foregoing report. LiFI-A.. E COMMITTEE ' 4 (7 it2.--2------- FINANCE COMMITTEE: Motion carried unanimously on a roll call vote with Crawford and Long absent. REPORT MSC. 108036) March 6, 2008 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PARKS AND RECREATION COMMISSION — APPROVAL AND ACCEPTANCE OF #2007-0123 WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENT PROJECT GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on February 25. 2008. reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Woodward and Burns absent. MISCELLANEOUS RESOLUTION 108036 March 6, 2008 BY: General Government Comm7Lttee, Christine Long, Chairperson IN RE: PARRS AND RECREATION COMMISSION - APPROVAL AND ACCEPTANCE OF 42007-0123 WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT GRANT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentiemen: WHEREAS, the Oakland County Parks and Recreation Commission has been notified of the awarding of grant 42007-0123 WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT, through the Clean Michigan Initiative Clean Water Fund program administered by the Michigan Department of Environmental Quality; and WHEREAS, the One Hundred and Ninety Thousand ($190,000.00) dollar grant will help offset the cost of iallplementing Best Management Practices in the construction of parking lot improvements at Waterford Oaks County Park; and WHEREAS, the matching funds for the #2007-0123 WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT GRANT will coma from the -;( mil for parks; and WHEREAS, the Oakland County Parks and Recreation Commission on NOvember 7. 2007 supported the approval and acceptance of the said grant award; and WHEREAS, the Grant Project Agreement has been approved by the County Executive Contract Review Process and Eoard cf Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE 17 RESOLVED that the Oakland County Board of Commissioners authorizes the Parks and Recreation Commission to receive said grant award as stated above, with said monies for this project to come from Parks and Recreation funds. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the grant agreement #2007-0123 WATERFORD OAKS COUNTY PARK STORM WATER 7MPROVEMENTS PROJECT. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission has included the GRANT PEVENUE and PROJECT EXPENSES for said project in the budget for FISCAL YEAR 2C08; thereby elim:Laating the need for a BUDGET AMENDMENT. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE a L . GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford and Suarez absent. Aga GRANT REVIEW SIGN OFF - Oakland County Parks and Recreation GRANT NAME: Non-Point Source Pollution Prevention Grant - Waterford Oaks Parking Lot Improvements EITN-DING AGENCY: Michigan Department of Environmental Quality (MDEQ) DEPARTMENT CONTACT PERSON: Jon Noyes / 858-4624 STATUS: Grant Acceptance DATE: January 31, 2008 Pursuant to Misc. Resolution #01520, please be advised the captioned grant materials have completed internal grant review. Below are the returned 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: ApprovecL I do have one concern that is more of a contractual enforcement/procurement nature that I thought I should bring to Parks' attention_ There is a clause in the contract language that I don't recall seeing in previous state contracts (maybe it has been there before but escaped my notice): "The State reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform any portion of the project. The Grantee is solely responsible for all contractual activities performed under this Contract." My concern is shouldn't the state only be able to exercise this "right" for cause? And who at the State would make this determination_amienforceihat "right" upon us? My concern is that they could force us to award a contract to other than the lowest qualified bidder because of some "political" preference or relationship With some unknown state agent. Not that this would happen, but with the language worded as it is, it could happen and while they are funding only I/3 of the project, potentially could affect the total cost of the contract which is funded 2/3 by Parks funding. Something I just wanted to point out as a potential concern. —Laurie Van Pelt (l/1612008) Department of Human Resources: Approved by RR. Jennifer Mason (1/1872008) Risk Management and Safety: Approved by Risk Management with following modifications: Item XVI. INSURANCE: (A) The Grantee must maintain insurance or self-insurance that will protect it from claims that may arise from the Grantee's actions under this Contract, or from the actions of others for whom the Grantee may be held liable. — Andrea Plotkowski (I/29'2008) Corporation Counsel: Corporation Counsel APPROVES the grant with the following comments: at In several sections, the grant mandates that the Grantee (i.e., County of Oakland) comply with several federal rules, regulations and statutes in addition to several OMB Circulars. In addition to a brief summary below, I have included a copy of the most critical statutes for your review. If anyone has questions about the statutes mentioned below or their responsibilities thereunder, they are advised to 'contact this Office for further guidance, Section V (A) OMB Circular A-133 — Document sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit for non-Federal entities expending Federal awards. Audits are required for Grantees receiving $500,000 or more. Section V (B) Hatch Political Activity Act (5 USC §§ 1501-1508), Civil Service Reform Act (42 USC § 4728 et seq.) and the Intergovernmental Personnel Act of 1970 (5 U.S.C. 3371-3376) — together, these statutes seek to regulate the political activities of local employees working in programs financed by Federal Grant money. Section V (D)(4) 40 CFR § 31.36 (e)(2)— lays out 6 steps that Grantee must observe relating to minority, women owned and labor surplus area fintis are used when possible. Section V (E) Hotel and Motel Fire Safety Act of 1990 —requires Grantee to ensure that all conference, meeting, convention or training spaces are compliant with this Federal code. Section V (P) Small Business Administration Reauthorization and Amendment Act of 1998 (Section 129 of Public Law 100-590) — Requires Grantee to take affirmative steps relative to Small Business in Rural Areas. Section V (G) Bayh-Dole Act (35 T.:SC § 200 et seq) — Allow small businesses and nonprofit organizations to patent products and processes developed under the Contract Section VI Elliot-Larsen Civil Rights Act MCL 37,2201 and Persons With Disabilities Civil Rights Act 37.1101 — requires Grantee and subcontractors abide by civil rights laws. Section VII State Contract with Certain Employers Prohibited 1.4CL 423321 — Prohibits the Grantee from entering into a contract with a company on the unfair labor practice Section DC Requires Grantee to comply with and make sure subcontractors comply with the Michigan Prevailing Wage Act and the Davis-Bacon Act. Section XII OMB Circular A-21, A-87 and A-122 — addresses anti-lobbying activities and also requires that assurance language be incIu.ded in all contracts with subcontractors. Section XLII: The grant agreement also requires the Grantee to certify that it and its subcontractors are not debarred, declared ineligible, convicted of fraud, not presently indicted, etc. As this provision is a requirement of federal grants, there is little we can do to change it Therefore, Parks needs to take care that they are abiding by this section and that their subcontractors are complying as well by obtaining written assurances from their subcontractors that they are complying with these provisions. — Joe Find (1/30/2008) try innuo YrrnlAn.or ISTINICE w-,t05t08+289+0-H-0%2C _Vu2_0A_ND°625 fILLIO COMPLIANCE The grant agreement referenccs a number of specific federal and state regulXions. Below is a list of these specifically cited compliance related documents for this gnat, Federal Office of Management and Budget (OMB) Circular No. A-87, A-102,•and A-133 httn://www.whitehouse.gov!ornbioircuiars/indcx.htxnl Federal Batch Act - Political Activity of Certain State and Local Employees http:Usiwosc.goviliatchact.htni Intergovernmental Personnel Act of 1970 CiVil Service Reform Act (42 USC 4728) http://frwebgate3.access ,gpo.govicgi- bin/wai,sgate.4.7WALSdocID=9083898162+010 0&WA1Saction=retrieve 1VME/WBE in procurement (40 CFI( sec. 31.36 (e)(2)) littn://frwebgate2.access.co .govicgi- bin/waisaate_e?WAISdoc.73 751-124428_12_32_0±081 • 1V1:13E/WBE - See section V.D. 1-5 of Contract The United States Hotel and Motel Fire Safety Act of 1990 httvilwww.cmergenev-ruanauemcnt.netlaet fre.htm Small Business Administration Reauthorization and Amendment Act of 1998 Bayh-Dole Act (35 USC 200) littp://frwebgate4,access.gpo.govicgi- biniwaisgate.ogi?WAISdocID=79205421573 -1-0+04-0&WAISaction=retrieve Michigan Persons with Disabilities Civil Rights Act "Act 220 of 1976" http.//www 1i1turi ml reyvglin 1I xrroltrnri574_577uiurv4SVmile2.asnx7naae-getobiect&obiectrtame mel-Act-220-a-) 976kqueryid ,----1471 85 89 Michigan Elliott-Larsen Civil Rights Act "Act 453 of 1976" Atttp://www_legis1ature_mi_omdfun3 x ltmriS z55 zatiwv451inailez.asnx?naz c.--getobi ectikobi f-Alw warn e= mel-Act-453-of-19768cquervid=14 7 1R540 State Contracts with certain employers prohibited (Act 278 of 1980) tittp-//vracw I e! ql At rre.mi gm:MS(1)(1e iva4 5 v3 bbkti sOi rnu znakWrni ieu.asox?nage-eet0hiect&sobi eztiti a me-meI-Act-278-of-1980 Michigan Prevailing Wage Act 1.4( Federal Davis-Bacon Act littp://vbww.dol.goviesa/programs/dbra GRANT CONTRACT BETWEEN THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE COUNTY OF OAKLAND This Grant Contract ("Contract") is made between the Michigan Department of Environmental Quality, Environmental Science and Services ("State") and the COUNTY OF OAKLAND ("Grantee"). The purpose of this Contract is to provide funding in exchange for work to be performed for the project named below. The State is authorized to provide grant assistance pursuant to the Federal Clean Water Act, Legislative appropriation of funds for this Agreement are set forth in PA 343 of 2006. This Contract is subject to the terms and conditions specified herein. Project Name: WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT Project #: 2007-0123 Amount of grant: $190,000 100% of grant state / 0% of grant federal Amount of match: $332,004 = 64% PROJECT TOTAL: $522,004 (grant + match) Start Date: January 2008 End Date: December 2010 Grantee Controlling Authority: The County of Oakland Federal ID#: 38-6004876W Grantee Authorized Agent: Bill Bullard, Jr. Title: Chairperson, Board of Commissioners Organization: Oakland County Address: 1200 North Telegraph Road, County Service Center, Building #12- East. Pontiac. MI 48341-0421 Telephone: 248-858-0100 Fax: 248-858-1572 E-mail Address: wvvw.oakgov.com Grantee Operating Organization: Oakland County Parks and Recreation Grantee Contact: Joseph P. Figa, Jr. Title: Chief of Design arid Development Organization: Oakland County Parks and Recreation Address: 2800 Watkins Lake Road, Waterford MI 48328 Telephone: 248.858.4620 Fax: 248.858.1683 E-mail Address: figajgoakoov.com Page 1 of 13 Apt The individuals signing below certify by their signatures that they are authorized to sign this Grant Contract on behalf of their agencies, and that the parties will fulfill the terms of this Contract, including the attached appendices, and used only as set forth herein. FOR THE GRANTEE: Signature Date BILL BULLARD, JR. — CHAIRPERSON OAKLAND COUNTY BOARD OF COMMISSIONERS FOR THE STATE: Recommended by: Official Signature: KAREN L. BEST, CHIEF AMY A. BUTLER. CHIEF ADMINISTRATION AND GRANT AND LOAN MANAGEMENT ENVIRONMENTAL SCIENCE AND SERVICES DIVISION ENVIRONMENTAL SCIENCE AND SERVICES DIVISION DEPARTMENT OF ENVIRONMENTAL QUALITY Date Date Page 2 of 13 I. PROJECT SCOPE This Contract and its appendices constitute the entire Contract between the State and the Grantee and may be modified only in writing and executed by the State and the Grantee. The scope of this project is limited to the activities specified in Appendix A including the project description, timetable, work plan, and budget, and such activities as are authorized by the State under this Contract. By acceptance of this Contract, the Grantee commits to complete the project identified in Appendix A within the time period allowed for in this Contract and in accordance with the terms and conditions of this Contract. II. CONTRACT PERIOD Upon signature by the State, the Contract shall be effective from the Start Date until the End Date on page 1 of the Contract. The State shall have no responsibility to provide funding to the Grantee for project work performed except between the Start Date and the End Date as specified on page 1. Expenditures made by the Grantee prior to the Start Date or after the End Date of this Contract are not eligible for payment under this Contract. III. CHANGES Any changes to this Contract shall be requested by the Grantee in writing, a nd approved in writing by the State. The State reserves the right to deny requests for changes to the Contract or to the appendices. No changes can be implemented without approval by the State, IV. AUDIT AND ACCESS TO RECORDS The State reserves the right to conduct a programmatic and financial audit of the project, and the State may withhold payment until the audit is satisfactorily completed. The Grantee will be required to maintain all pertinent records and evidence pertaining to the grant contract in accordance with generally accepted accounting principles and other procedures specified by the State, including grant and any required matching funds. The State or any of its duly authorized representatives must have access, upon reasonable notices, 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 five (5) years after the final payment has been issued to the Grantee by the State. Page 3 of 13 V. FEDERAL FUNDING REQUIREMENTS A maximum of $190.000 or 100% of total disbursements, is funded with Federal Funding. The Catalog of Federal Domestic Assistance (CFDA.) title is Nonpoint Source Implementation and the CFDA number is 66.460. The Federal grant number is C997574-06, and this grant is funded with Federal funds from the U.S. Environmental Protection Agency (U.S. EPA). By accepting this Contract, the Grantee shall comply with all applicable Federal statutes and regulations in effect with respect to the period during which it receives grant funding. These regulations include, but are not limited to, the following: (A) Grantees receiving $500,000 or more in federal funds in their fiscal year shall have a single audit performed in compliance with OMB Circular A-133. Revised June 24, 1997, "Audits of State, Local Governments, & Non-Profit Organizations. This audit must be performed and copies provided to the appropriate agencies within nine months from the end of the grantee's fiscal year. The Grantee must submit a copy of the Audit Report to the Michigan Department of Environmental Quality at the following address: Michigan Department of Environmental Quality Finance and Business Services Division Federal Aid Section P.O. Box 30473 Lansing, MI 48909 It is the responsibility of the Grantee to report the expenditures related to this grant on the Grantee's annual Schedule of Expenditures of Federal Awards. (B) The Grantee agrees to fulfill conditions that the Federal Government has imposed on the State as a condition of Federal funding as indicated herein and in all appendices. (C) The Grantee will comply with the Hatch Political Activity Act, as amended, 5 USC §§ 1501-1508, and the Intergovernmental Personnel Act of 1970 as amended by Title (6) of the Civil Service Reform Act, 42 USC § 4728, which states that employees working in programs financed with federal grants may not be a candidate for elective public office in a partisan election, use official authority or influence to affect the result of an election, or influence a state or local officer to provide financial support for a political purpose. (ID) In accordance with the USEPA's Program for Utilization of Small, Minority and Women's Business Enterprises (MBENVBE) in procurement under assistance programs, the Grantee agrees to: (1) Accept the applicable "fair share" goals negotiated with USEPA by the Michigan Department of Environmental Quality as follows: MBE x% ; WBE x% Page 4 of 13 (2) Ensure to the fullel x1eii1 possible that at least x% of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals and historically black colleges and universities, and that at least x% of such funds are made available to organizations owned or controlled by women. (3) Include in bid documents the "Fair Share" goals listed above and require its contractors to include in their bid documents for subcontracts the above fair share percentages. (4) Follow the six affirmative steps stated in 40 CFR § 31.36 (e)(2). Submit a USEPA Form 5700-52A, "MBEANBE Utilization Under Federal Grants, Cooperative Contracts, and Interagency Contracts" to the State during project closeout. (E) The Grantee agrees to ensure that all conference, meeting, convention or training space used and paid for in whole or in part by this Contract complies with the Hotel and Motel Fire Safety Act of 1990. (F) The Grantee agrees to comply with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1998. Therefore, if the Grantee awards a contract under this assistance Contract, it will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRA): (1) Placing SBRAs on solicitation lists; (2) Ensuring that SBRAs are solicited whenever they are potential sources; (3) Dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; (4) Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; (5) Using the services of the Small Business Administration and the Minority Business Development Agency of the US Department of Commerce, as appropriate; and Requiring the Grantee, if it awards subcontracts, to take the affirmative steps in subparagraphs 1 through 5. (G) Notwithstanding Paragraph VI, a grantee who is a small business firm or nonprofit organization as defined under the Bayh-Dole Act, as amended, 35 USC § 200, et seq, may patent products or processes developed under this Contract. (5 ) (6) Page 5 of 13 VI. SUBCONTRACTS The State reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform any portion of the project. The Grantee is solely responsible for all contractual activities performed under this Contract. Further, the State will consider the Grantee to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be subject to the provisions of this Contract and shall be qualified to perform the duties required. VI. NON-DISCRIMINATION The Grantee shall not discriminate against an employee or applicant for employment with respect to their hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height. weight, marital status, physical or mental disability unrelated to the individual's ability to perform the duties of the particular job or position. The Grantee further agrees that any sub-Contract entered into for the performance of this agreement shall contain a nondiscrimination provision identical to this provision and binding upon any and all subcontractors. This section is required pursuant to the Elliot-Larsen Civil Rights Act, as amended, MCL § 37.2201, at seq, and the Persons with Disabilities Civil Rights Act. as amended, MCL § 37.1101, et seq, and any breach thereof may be regarded as a material breach of the contract or purchase order. VII. UNFAIR LABOR PRACTICES Pursuant to the State Contracts with Certain Employers Prohibited Act, MCL § 423.321 et seq, the State may not award a contract or subcontract to a person who appears on the current register complied under the Act of employers failing to correct an unfair labor practice. Pursuant to the Act, the Grantee may not enter into contract with a subcontractor, manufacturer or supplier on that register. The State may void this grant if, subsequent to its award, the Grantee or a subcontractor, manufacturer, or supplier of the Grantee appears on that register. IX. PREVAILING WAGE For construction projects. the grantee shall ensure conditions of the Michigan Prevailing Wage Act and Davis-Bacon Act. Page 6 ot 13 VIII. COVENANT AGAINST CONTINGENT FEES The Grantee warrants that no person or subcontractor has been employed or retained to solicit or secure this Contract based upon a Contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees. For breach or violation of this warranty the State shall have the right to annul this Contract without liability or in its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. lx. PATENTS. COPYRIGHTS. AND RIGHTS IN DATA The Grantee agrees that any plans, drawings, specifications, computer programs, technical reports, operating manuals, and other work submitted or which are specified to be delivered under this Contract or which are developed or produced and paid for under this Contract are subject to the rights of the State of Michigan and the State shall retain an irrevocable license to reproduce, publish and use in whole or in part and to authorize others to do so. X. GRANTEE RESPONSIBILITIES (A) The Grantee understands that it is a crime to knowingly and willfully file false information with the State for the purpose of obtaining this Contract or any payment pursuant to and that any such filing may subject the Grantee, its agents, and/or employees to criminal and civil prosecution. If the Grantee knowingly and willfully presents false information to the State for the purpose of obtaining this Contract or any payment under this Contract, the State may cancel this Contract with no further liability whatsoever to the Grantee, and the Grantee, upon demand by the State, shall reimburse the State for all money received under this Contract. (B) The grantee agrees to abide by all local, state, and federal laws and regulations in the performance of this grant. (C) All local, state, and federal permits, if required, are the responsibility of the Grantee and issuance is not automatic. Award of this grant is not a guarantee of permit approval by the Department. (D) The Grantee shall secure all personnel necessary to complete the project. (E) The Grantee shall be sol&y responsible to pay all taxes, if any, that arise from the Grantee's receipt of this grant. Page 7 of 13 (F) The Grantee shall purchase and use recycled materials and products to the maximum extent possible in performing the project. The State shall provide information and assistance to the Grantee regarding the use of recycled products in the project. (G) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by the Grantee under this Contract. The Grantee shall, without additional compensation. correct or revise any errors, omissions, or other deficiencies in his/her designs, drawings. specifications, reports, and other services. (H) The Grantee shall perform the professional services necessary to accomplish the work required under this Contract, in accordance with this Contract and applicable State requirements in effect on the date of execution of the Contract for this project. (I) The State's approval of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the technical adequacy of his/her work. The State's review, approval, acceptance, or payment for any of the services shall not be construed as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. (J) The Grantee's obligations under this clause are in addition to the Grantee's other express or implied warranties under this Contract or State law and in no way diminish any other rights that the State may have against the Grantee for faulty materials, equipment, or work. XI. CONFLICT OF INTEREST No member of the legislature, judicial, or executive branch of State government or any local unit of government official shall benefit from this Contract. No member of or delegate to Congress, or resident Commissioner shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom. XII. ASSIGNABILITY In accordance with 0M13 Circular A-21, A-87, or A-122, as appropriate, the Grantee shall comply with the Anti Lobbying Act, which prohibits the use of all project funds regardless of source, to engage in lobbying the state or federal government or in litigation against the United State. Further the Grantee shall require that the language of this assurance be included in the award documents of all sub-awards at all tiers. Page 8 of 13 XIII. DEBARMENT AND SUSPENSION By signing this Contract, the Grantee certifies to the best of its knowledge and belief that it and its subcontractors: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department of the state. (2) Have not within a three-year period preceding this Contract been convicted o 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: violation of federal or state antitrust statutes or commission uf erribuzz.6rii it, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 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 Contract had one or more public transactions (federal, state, ce local) terminated for cause or default. Will comply with all applicable requirements of all other state or federal laws, executive orders, regulations, and policies governing this program. XIV. ASSIGNABILITY The Grantee shall not assign this Contract or assign or delegate any of its duties or obligations under this Contract to any other party without the prior written consent o' the State. The State does not assume responsibility regarding the contractual relationships between the Grantee and any subgrantee. XV. LIABILITY (A) The Grantee, not the State is responsible for all liabilities as a result of claims, judgments, or costs arising out of activities to be carried out by the Grantee under this Contract, if the liability is caused by the Grantee, any subcontractor, or anyone emp;oyed by the Grantee. (1) (3) (5) Page 9 of 13 (B) All liability as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the State in the performance of this Contract is the responsibility of the State and not the responsibility of the Grantee if the liability is caused by any State employee or agent, provided that nothing herein is construed as a waiver of any governmental immunity by the State, its agencies or employees as provided by statute or court decisions. XVI. INSURANCE (A) The Grantee must maintain insurance that will protect it from claims that may arise from the Grantee's actions under this Contract or from the actions of others for whom the Grantee may be held liable. (B) The Grantee must comply with the applicable workers' compensation laws while engaging in activities authorized under this Contract. XVII. FEES AND OTHER SOURCES OF FUNDING The Grantee shall not seek nor obtain funding through fees or charges to any client receiving services for which the State reimburses the Grantee under this Contract. The Grantee guarantees that any claims made to the State under this Contract shall not be financed by any source other than the State under the terms of this Contract. if funding is received through any other source, the Grantee agrees to delete from Grantee's billings or to immediately refund to the State, the total amount representing such duplication of funding. XVIII. DISCLOSURE OF INFORMATION The Grantee agrees that his/her reports, project products, and conclusions are for the confidential information of the State and that he/she will not disclose these conclusions, in whole or in part, to any unauthorized person without the prior written consent of the State's representative. XIX. QUALITY ASSURANCE/QUALITY CONTROL A project-specific Quality Assurance Project Plan (QAPP) must be submitted to the State in accordance with guidance provided by the Department of Environmental Quality project administrator. Monitoring conducted prior to final State approval of the QAPP will not be reimbursed. Page 10 of 13 XX. COMPENSATION CLAUSE (A) A breakdown of costs allowed under this Contract is identified in Appendix A. The State will pay the Grantee a total amount not to exceed the amount on page one of this Contract, in accordance with Appendix A, and only for expenses incurred and paid. All other costs necessary to complete the project are the sole responsibility of the Grantee. (B) Expenses incurred by the Grantee prior to the Start Date or after the End Date of this Contract are not allowed under the Contract, (C) The Grantee is committed to the match percentage on page one of the Contract, in accordance with Appendix A. The Grantee shall expend all local match committed to the project by the End Date on page 1 of the Contract. (D) The Grantee must complete and submit quarterly financial and progress reports according to a form and format prescribed by the State and must include supporting documentation of eligible project expenses. These reports shall be due according to the following: Reporting period Due Date January 1 - March 31 April 30 April 1 - June 30 July 31 July 1 - September 30 Before October 31* - -October 1 - December 31 January 31 Status Reports may only be submitted more frequently if agreed to in advance by the State and if the reimbursement requested equals at least xx percent of the grant award. *Due to the State's year-end closing procedures, there will be art accelerated due date for the report covering July 1 - September 30. Advance notification regarding the due date for the quarter ending September 30 will be sent to the Grantee. If the Grantee is unable to submit a report in early October for the quarter ending September 30, an estimate of expenditures through September 30 must be submitted to allow the State to complete its accounting for that fiscal year. (E) One copy of all financial and progress reports—including required documentation--shall be submitted to the State's eur ti le address on page one, with the original information submitted to the DEQ financial analyst assigned the project. Page 11 of 13 4 (G) An amount equal to 10 percent of the last year of the grant award, S190,000 shall be withheld by the State until the final project documents are received and approved. The State will make final payment within 60 days of determination of project completion. As a condition of final payment. the Grantee shall deliver to the State a release of all claims against the State arising under this Contract. Unless otherwise provided for in this Contract or by State law, final payment under this Contract shall not constitute a waiver of the State's claims against the Grantee. Release of final payment will not be made unless the match amount committed in this Contract and identified above is met, Final project documents shall include all products identified in the work plan as well as a final project report and fact sheet, which meets the guidelines established by the State. Total expenditures are subject to audit and repayment of any overpayment of the state share if an audit determines that total project costs were not incurred as billed. (H) Equipment is defined as any one item over S1,000.00 in value and is not reimbursable from grant funds. Equipment may be purchased by the Grantee and counted as part of the Grantee's match for this project. XXI. CANCELLATION This Contract may be canceled by the State, upon 30 days written notice, due to Executive Order, budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual agreement by the State and the Grantee. The State reserves the right to provide just and equitable compensation to the Grantee for all satisfactory work completed under this Contract. XXII. TERMINATION (A) This Contract may be terminated by the State as follows: (1) Upon 30 days written notice to the Grantee: a. If the Grantee fails to comply with the terms and conditions of the Contract, or with the requirements of the authorizing legislation cited on page 1, or the rules promulgated thereunder, or other applicable law or rules. b. If the Grantee knowingly and willingly presents false information to the State for the purpose of obtaining this Contract or any payment under this Contract. c. If the State finds that the Grantee, or any of the Grantee's agents or representatives, offered or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of the State in an attempt to secure a sub-contract or favuedb1e tiatilieet in awarding, amending. or making any determinations related to the performance of this Contract. Page 12 of 13 During the 30-day written notice period, the State shall also withhold payment for any findings under subparagraphs a through c. above. (2) Immediately and without further liability to the State if the Grantee, or any agent of the Grantee, or any agent of any subcontract is: a. Convicted of a criminal offense incident to the application for or performance of a State, public, or private contract or subcontract; b. Convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting to influence a public employee to breach the ethical conduct standards for state of Michigan employees; c. Convicted under State or federal antitrust statutes; d. Convicted of any other criminal offense, which. in the sole discretion of the State, reflects on the Grantee's business integrity; or e. Added to the federal or state Suspension and Debarment list. (B) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a portion of funds received under this Contract. XXIII. CLOSEOUT (A) A determination of project completion shall be made by the State through the following: A financial audit and project review of this Contract and all payment requests, financial reports, supporting documentation and narrative progress reports submitted by the Grantee. (2) A site inspection, if applicable. (B) The Grantee shall provide the State, within 30 days of the ending date, all outstanding financial, performance, and other reports available and required as a condition of the Contract, (C) The Grantee shall acknowledge that the project was made possible with funding from the Department of Environmental Quality, Environmental Services and Science Division, on all final products. XXIV. CONTACT NOTICES All notices shall be sent to the addresses and contacts listed on page 1 of the Contract. It is the responsibility of each party to inform the other party of a change in address or representative. (1) Page 13 of 13 APPENDIX A-2.1 PROJECT DESCRIPTION A. Water Quality Concerns/Issues • Watershed Setting & Phase II Activities- Oakland County encompasses the headwaters of five major rivers: Clinton, Rouge, Huron, Shiawassee, and Flint. Geographic location dictates that land use and land management within Oakland County has the potential to dramatically impact water quality and play a significant role in determining the ecological health of regional river systems. To insure continued protection of water resources, Oakland County agencies and departments participate in Phase H Storm Water Regulations as directed by the United States Environmental Protection Agency (USEPA) and regulated by the Michigan Department of Environmental Quality (MDEQ). Several county agencies and departments share this responsibility including: Oakland County Parks and Recreation, Office of the Oakland County Drain Commissioner, Road Commission for Oakland County, Oakland County Planning and Economic Development Services, Oakland County Health Department, Oakland County Facilities Management and Operations, Oakland County Waste Resource Management Implementation Status - Oakland County's water resource protection efforts are guided by the Phase II Storm Water Pollution Prevention Initiative (SWPPI), which contains action items that address watershed management, public education, illicit discharge elimination, pollution prevention and good housekeeping practices. Oakland County has chosen the watershed approach to storm water management. The County participates in all subwatershed groups and has partnered in the development of the Watershed Management Plans. Waterford Oaks County Park is in the Clinton Main Subwatershed which has been approved by MDEQ for compliance with 319 standards. Oakland County is in full compliance with their SWPPI. As a steward of 6071 acres of public land within Oakland County and as a host to over 1.6 million annual visitors, Oakland County Parks and Recreation (OCPR) plays an important role in insuring Oakland County's Phase II compliance through promoting watershed education and the protection of water resources. To implement the SWPPI requirements, OCPR considers the impact of management/development activities on surface water quality and has undertaken a number of actions including: proper maintenance of onsite sewage disposal facilities, identification of storm sewers, volunteer litter pick up programs, stormwater best management practices at park facilities, environmental education programs, waterway buffers and natural area preservation/stewardship. B. Project Goals and Objectives Project Synopsis — Subwatershed Context & Wafer Quality Issues To further °CPR's SWPPI implementation efforts, OCPR design staff proposes to implement stormwater best management practices in the process of upgrading paved parking areas at Waterford Oaks County Park. The goal of this project is to create a demonstration site for structural and vegetative best management practices that mitigate the impact of parking area upgrades on water quality and wetland habitat. Waterford Oaks is a 155-acre County Park located within the northwestern limits of the 70 sq. mi. Clinton-Main subwatershed (pop. 243,000). Land use patterns in the Main include: Residential (27%) and Industrial/Commercial (15%). Open Water comprises 10% of land area including the Clinton River, Galloway Creek, and Pontiac Creek which originates at the proposed Waterford Appendix A-2.1 Project Dest....ripLion PE1QE 1 Oaks Stormwater Improvement Project site and traverses the Oakland County Complex (Source: Clinton River Watershed Council). Portions of the proposed Waterford Oaks Stormwater Improvement site exhibit indirect drainage to Pontiac Creek. The proposed project site also directly impacts a 2.2-acre unnamed pond and its downstream creek by serving as a conduit for water quality stressors such road salt, de-icing agents, metals, pesticides, herbicides, oils, sedimentation, erosion and flooding. Parking area drainage into the unnamed pond has resulted in severely degraded habitat characterized by periodically exposed barren mudflats, turbid open water, invasive species colonization, and diminished plant diversity. To address water quality impairments associated with paved areas at Waterford Oaks, OCPR staff proposes to install 3 detention areas, 1 retention area, pervious storm lines, porous pavers, and vegetated swales and berms within the Administrative Complex and Court Games at Waterford Oaks. The proposed project will allow OCPR to meet its need of increasing available on-site parking by 61% while limiting the increase in impervious pavement to only 4.4%. Project design will eliminate an average of approximately 164 sq. ft. of porous pavement per parking space. Watershed Management Plan — Tasks to be Implemented The consolidated opals from the county's eleven subwatershed plans comprise the County's SWPPI action items: Goal 1 — Removing Sources of Pollution that Threaten Public Health Goal 2— Restoration and Maintenance of Aesthetically Appealing Conditions Goal 3— Improvement and Maintenance of River Ecosystems for Fish and Wildlife Goal 4 — Minimizing the Amount of Soil Erosion and Sedimentation Goal 5— Minimizing Flow Variability and Associated Negative Impacts Goal 6 — Maximizing Community Assets Related to the River Goal 7— Conducting Public Education programs Goal 8— Integrating Storm Water Management in Planning and Land Use Approval Process Goal 9— Establishing Financial and Institutional Arrangements for the Fulfillment of the Management Plan Goal 10— Enforcement of Action Plans and an Increase in Accountability for Storm Water Management Goal 11 — Protection of Open Spaces. The Water-ford Oaks Pavement Improvement Project seeks to satisfy applicable SWPPI goals as indicated in the Project Goals and Objectives Table. implementation Strategy— See Attached Work Plan and Time Table Project Expectations — Water Quality Benefits The proposed Waterford Oaks Stormwator Improvement project will mitigate the impacts of stormwater runoff on Pontiac Creek arid associated wetlands and outfalls by capturing runoff, promoting infiltration, and reducing sedimentation and flow variability. Improved water quality should produce qualitative improvements in the Waterford Oaks natural area including shoreline re-colonization, the successful control of invasive species and a reduction in turbidity. Projects that have addressed water quality impairments with stormwater management BMPs similar to those proposed here have resulted in considerable cost savings. Research done by Lipton and Brown (1996) indicates that installing grassed swales and bioretention areas versus conventional storm drains and catch basins can generate $10K - $200K in savings (as cited by The Center for Watershed Protection. The proposed project will allow OCPR to evaluate the cost of incorporating stormwater BMPs in the rehabilitation of aging infrastructure. This should improve °CPR's ability to implement similar projects in the future, and take a greater role in watershed protection and education. ADoe:-ht; A-2.1 Pri....ject s - 2 of 4 C. Organization Information OCPR is a division of Oakland County government with dedicated funding through a 1/4 Parks and Recreation millage (10-year voter approved renewal). OCPR manages more that 6000 acres in 11 parks across the county to support the Mission: "To provide all residents of Oakland County with recreational, leisure and learning experiences; parks, open spaces, facilities; and professional staff and fiscal management, resulting in a comprehensive county park system that enhances the residents' quality of life." Staff Qualifications Chief of Design and Over 30 years of experience in design and Joseph P. Figa, Jr., RLA Development project management Experience with multi million dollar projects Mike Donnellon, RLA Architect Engineer 6, Project Manager including stormwater management design and construction Jon Noyes Landscape Designer Grant management experience GIS Technician Experience in natural area restoration and Brittany Bird Natural Resource Specialist habitat improvement Grant History - OCPR has a long history of successful state and federally funded grant projects. Pending successful application, this would be the first project funded through the Michigan Department of Environmental Quality. D. Partners and Related Funding Interagency Partnerships — OCPR has the support of other storm water management partners including the Office of the Oakland County Drain Commissioner (OCDC) as listed in Section A. Pending successful application, OCPR will be responsible for all financial costs in excess of the CMI1319 grant funding. E. Project Sustainabilitv Natural Resource Stewardship — OCPR has implemented a Natural Resources Stewardship Program that is developing system-wide management standards that incorporate watershed BMPs. individual Natural Resources Management Plans are being developed for each park to insure the sustainability of park natural are and dssucialtd land uses. Project Planning — OCPR design staff is working with agency partners including Oakland County's Facilities, Maintenance and Operations (FM&O) and OCDC to improve connectivity across the county complex including shared parking and creating recreational access to the Waterford Oaks Natural Areas. F. Project Evaluation The Planning & Design goals of this project have been achieved through the design process that created the proposed stormwater improvements for site parking areas. The attached plans include information on the reduction of impervious surfaces, increased parking efficiency and stormwater capture. Progress toward Stewardship goals and objectives will be evaluated through documenting the qualitative changes that occur in the adjacent natural areas as a result of the improved stormwater management. Public Education goals and objectives will be evaluated in subsequent project reports that document the project and the dissemination of project results. Anpendix .A-•.1 Prc,,lect DesQrinticT 5 0, G. Project Summary Oakland County Parks and Recreation (0CPR) plays an important role in insuring Oakland County's Phase II compliance through promoting watershed education and protection of water resources. OCPR seeks to create a demonstration site for stormwater Best Management Practices that mitigate the impact of parking area upgrades on water quality and wetland habitat at Waterford Oaks County Park. The proposed project area lies within the northwestern extent of the 7O-sq.mi. Clinton-Main subwatershed and encompasses the headwaters of Pontiac Creek. Proposed stormwater management action items include limiting the need for additional impervious surface, maximizing the reuse of existing material, capturing and retaining storrnwater, promoting infiltration, installing vegetative swales and buffers, and removing invasive species. The proposed parking lot upgrade will support OCPR's SWPPI compliance and demonstrate the feasibility and cost effectiveness of incorporating Best Management Practices in the design, construction and management of retrofitted park infrastructure. PL11.7& 4 0" 4 APPENDIX A-2.2 GOALS AND OBJECTIVES SWPPI Goals Project Goals Objectives Measurable Comparisons Addressed Coordinate with other OCPR departments and Oakland County Agencies to share Parking allocation calculations 8 Limit the need for parking spaces additional parking Consider the temporal and spatial aspects of Building use patterns and parking parking demand to minimize the number of 8 allocations required parking spaces a) c Coordinate with other OCPR departments ._ Acreage comparisons and GIS c Preserve Open Space and Oakland County Agencies to share 11 co Mapping a_ parking spaces Changes in viewshed aesthetics, Promote Watershed Incorporate a reorientation toward water and proximity calculations of 6 Awareness resources in the planning of park land use employee hours Provide opportunities Provide opportunities for piers, boardwalks Design analysis (numerical counts) 6, 2 for Passive Watershed and seating Recreation Provide trail access through the site Trail measurements 6 Redesign access roads to promote efficient Design analysis (Area calculations) 5 traffic flow while minimizing surface area Reduce the amount of Consider the use of porous paving materials Material evaluation 5 Impervious Surface per Parking Space Redesign parking layout to maximize the number of spaces while minimizing asphalt Design analysis (Area calculations) 8 c coverage Eh' Attempt to work within the footprint of the U Design analysis (Area calculations) 4 a existing paved area Maximize use of Match existing grades when possible Design analysis (Area mapping) existing materials Reuse existing asphalt, concrete curbs, Design analysis (Area calculations) 4 sidewalks and sub-base when possible Promote Universal Incorporate universal design standards (ADA Design analysis (Site Evaluation) 6 Accessibility Guidelines) into the rehabilitation proposal Appendix A-2.2 Goats and Objectives Page I of 2 Create detention areas that can capture, hold Design analysis (Stormwater Detain and improve the 3,5 and slowly release storm water events calculations) quality of stormwater , captured from Incorporate opportunities for native plant impervious surfaces buffers to remove nutrients and trap Design analysis (Stormwater 3,4,5 calculations) C suspended sediments !a: 0 Direct the sheet flow of impervious surfaces d., 13 toward vegetative buffers and other infiltration Design analysis (Area calculations) 4,5 areas Promote Infiltration of Stormwater Incorporate infiltration technology in the design of stormwater capture systems Design analysis (Storrnwater 4,5 including drainage pipes, swales and calculations) detention basins Document the planning, design, construction Submit report materials to grant 10 and management process agency Make project documentation materials Document material availability, available to partners in the Clinton Main advertisement and circulation pc Promote the Waterford Subwatershed Group and other municipal statistics co Oaks Parking agencies u = Improvements as a Create and provide educational materials Document material avaitability, Is Demonstration Project documenting park implementation of Best advertisement and circulation 7 Management Practices to the general public statistics Promote Best Management Practices by Document material availability, participating in Oakland County BMP advertisement and circulation 7 Webpage statistics Qualitative measurements including .0. Remove Exotics photos, area calculations and 3 .c -a Improve Habitat Quality vegetative counts (before and after) 0 in the Waterford Oaks Promote shoreline re-colonization through Document stewardship efforts 3,4 Natural Areas planting and soil stabilization 0) 117 Introduce water quality monitoring including Document monitoring program 10 salinity, pH and turbidity testing Appendix A-2.2 Goals and Objectives Page 2 of 2 FISCAL NOTE (MISC. #08036) March 6, 2008 BY: Finance Committee, Mike Rogers, Chairperson IN RE: PARKS AND RECREATION COMMISSION - APPROVAL AND ACCEPTANCE OF #2007- 0123 WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT GRANT 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 Miscellaneous Resolution and finds: 1) The Oakland County Parks and Recreation Commission has received grant #2007-0123 for t7fte WATERFORD OAKS COUNTY PARK STORM WATER IMPROVEMENTS PROJECT, through the Clean Michigan Initiative Clean Water Fund program administered by the Michigan Department of Environmental Quality. 2) The grant will assist in offsetting the cost of implementing Best Management Practices in the construction of parking lot improvements at Waterford Oaks County Park. 3) Total project costs are $522,004, with $190,000 (361) in grant funds and $332,004 (64t) from Parks and Recreation Fund. 4) The $332,004 will come from revenues generated by the M mil Parks and Recreation Tax Levy. 5) The Oakland County Parks and Recreation Commission approved the grant on November 7, 2007. 6) No General County funds are required for this grant acceptance. 7) Sufficient funds are budgeted in the Parks and Recreation Fund Construction In Progress line item. No budget adjustments are recommended. FINANCE COMMITTEE FINANCE COMMITTEE: Motion carried unanimously on a roll call vote with Crawford and Long absent. ?f, onTCounty Clerk Resolution #08036 March 6. 2008 Moved by Long supported by Gregory the resolution (with fiscal note attached) be adopted. Moved by Long supported oy Gregory the Finance Committee Report end the Planning and Building Committee Report be accepted. A sufficient majority having voted in favor, the reports were accepted. Moved by Long supported by Gregory the resolution be amended to coincide with the recommendation in the Finance Committee Report. A sufficient majority having voted in favor, the amendment carried. Vote on resolution, as amended AYES: Coulter, Crawford. Douglas, Gershenson, Gingeli, Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long. Middleton, Nash, Potter, Potts, Rogers, Scott. Spector, Woodward, Zack, Bullard, Burns, Coleman. (23) NAYS: None. (0) A sufficient majority having voted in favor. the resolution (with fiscal note attached), as amended, was adooted. 0••••• I IEREEN ARROW THE FOREGOING RESOLUTION 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 March 6, 2008, 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 6th day of March, 2008.