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HomeMy WebLinkAboutResolutions - 2009.02.05 - 9764MISCELLANEOUS RESOLUTION # 09019 BY: Planning and Building Committee. John Scott, Chairperson IN RE; WATER RESOURCES COMMISSIONER (WRC) — ROUGE RIVER - OAKLAND COMMUNITIES PUBLIC SERVICES ANNOUNCEMENT PROJECT — 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 II regulations mandate that municipalities located within 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 Water Resource's Commissioner applied for 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 qualk, of the Rouge River; and WHEREAS the purpose of tne grant is to enable counties 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 viLl assist in restoring the water quality of the Rouge River and other river systems within Oakland County; and WHEREAS the Oakland County Water Resources Commissioner has applied for and was awarded $50,000.00 of federal grant reimbursement from the County of Wayne; and WHEREAS the total project cost is $100.000.00 of which $50,000.00 is required from Oakland. County as matching funds; and WHEREAS the required County match will be met with $7,500 of existing WRC personnel time already assigned this task, as well as $42.500 of donated services: and WHEREAS no additional County personnel or funds are required, and all grant funds will go toward the Rouge-Oakland Public Service Announcements Project; and WHEREAS the United States Environmental Protection Agency (USEPA) has established grant conditions and regulations that require Oakland 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 obi:gate Oakland County to any future commitment; and WHEREAS the grant agreement has been approved through the County's Executive's Contrat Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the interagency agreement (IAA) with the County of Wayne for a grant from the Rouge River National Wet Weather Demonstration Project and matching contribution from the County in the amount of $50,000 for the Rouge-Oakland Public Service Announcements Project. BE IT FURTHER RESOLVED that the Water Resources Commissioner is authorized to sign the grant agreement and to approve grant modifications and extensions, within fifteen (15) percent of the original award, consistent wit the grant agreement approved. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll cal vote with Nash and Capello absent. February 5, 2008 GRANT REVIEW SIGN OFF - Water Resources Commissioner's Office GRANT NAME: Rouge Oakland Public Service Announcements Project FUNDING AGENCY: Wayne County; Rouge River Wet Weather Demonstration Project DEPARTMENT CONTACT PERSON: Phil Sanzica / 858-1031 STATUS: Grant Acceptance DATE: January 17,2009 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and gram acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant ageementletgatract, Finance Committee Fiscal Note, and this Sign (Nieman 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 (1/9/2009) Department of Human Resources: Approva — Cathy Shallal (3/9/2009) Risk Management and Safety: Approved without modifications, as Wayne County will NOT amend the insurance requirements (as requested in the past). - Andrea Plotkowski (1117/2009) Corporation Counsel: APPROYFD on behalf of Corporation Counsel, — Mazy Mara (1/15/2009) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of I these specifically cited compliance related documents for this grant. Please review the errant Agreement ' for additional compliance requirements. -Protection of Environment (40 C.F.R., Part 31) http://frweivateaccessgpogovicRi- bintmulticlb_eeiTIVAISOI,Name=c159-Code-fof-rFaieral 1-Regulations+%28eurrent+data3 /029&WAIS ouerv_Rult%28 %.24WAISqueryString,%298tWAISoucryString.--40CFR31&WAIStemplate=multidb results.html&Submit,=--Subrnit &Wrapper empiattFcfr wranperIhtm1&WAISmaxH1t.120 Section 6.4 of the grant agreement requires Women/Minority Business Enterprise compliance ay follows: 34/0 Minority Business Enterprise (MBE) 5% Woman Business Enterprise (WIRE) Departinent of Transportation Uniform Relocation Assistance and Real Property Acquisition for Federal itad Federally Assisted,Programs (49 CFR, Part 24) ss- 04licee 1 Environmental Protection Agency regulations (40 C.F.R. Part 1) ttp ://www. access. gpo yin arai c fi-fw ai si dx 05140 cfr I _05,11trn1 kie40.4.;*0,004eitneoe-iitiiiiee4oe ( as= (Pam Krbviv03R Michigan Civil Rights Act (1976 P.A. 453) fittirdiwww.leature.m_i.gavi(S(eavsv4b2L)tpclowv biect&obiectnatrinicl-Act1 Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) hitriti/www.ludoj.kovierticoricoordititlevistatara Title VII of the Civil Rights Act of 1964 (P.L. 88-352) http://www.eeoc.Rovipolievivii.html Department of Justice regulations (28 CFR Part 52) hitp://www.acceas.gpo4ovhaaraicfriwaisiclx_04/28efr52_04.1xtml Environmental Protection Agency regulations (40 C.F.R, Part 7) httpi/www.accesszpo,govinaractwaisidx 05140cfr7 05 .titail Environmental Protection Agency regulations (40 C.F.R., Part 12) http ://www.access.uo.govfnarak friwai s id x 05/406 -12_ 05.html Age Discrimination Act of 1975 42 ILS.C. Sections 6101-6107 13143://werw.tiol.govioastuuiregs/statutesiaRe actlatm The Rehabilitation Act of 1973, Section 504 (29 U.S.0 Section 794) lattp ://warw.d ago via asainktgs/statutes/sec504.httn. The Americans with Disabilities Act of 1990 (42 U.S.C., Set 12101) bttp://frwebRate4.acemzpo.govic0-bin/wAsgate.cgi7WAIS doca---4203Q427315+04-0-qaWAISactioirretrieve 453-of-1976 Michigan Persons with Disabilities Civil Rights Ad — "Act 220 of 1976" ://www e islaturemi. ovi u 31x elthgp "5z55 e a etob-wv ectstob' tne--mcl-Ac - 220-of49768cquerri&=14718589 Attachment" Rouge Oakland Public Service Announcements-Round IX Oakland County Water Resources Commissioner's Office 1. Project Purpose and Objectives Oakland County Water Resources Commissioner's Office (OCWRC) will broadcast public service announcements (PSAs) on television and radio and include messages in printed publications. The messages will be disseminated in the spring and the fall and will be coordinated with the Southeast Michigan Partners for Clean Water, Wayne County Department of Environment and the Alliance of Rouge Communities - ; Public Involvement and Education Committee. 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. Consistent trrubays di ILI tools allow communities: to most cost-effectively educate the public. Consistency with the Goals of the Rouge Project This project is consistent with the goals of the Rouge Project, It will educate the public about the impact of their actions and the role they play in protecting and restoring the Rouge River Watershed. Consistency with the Watershed Management Plan Goals The project is consistent with Goal III - Educate the Public to Become Watershed Stewards of the proposed Rouge River Watershed Management Plan Update. Consistency with Oakland County's SWPPI Oakland County has developed a Public Education Plan (PEP) that outlines public education goals and messages that must be communicated under the requirements of the Phase II regulations, The PEP describes existing and future Oakland County efforts to achieve these goals. It was developed in coordination with other permittees and agencies. The elements of the Oakland County PEP have been incorporated into the Storm Water Pollution Prevention Initiative (SWPPI). The Rouge Oakland Public Service Announcement project is , consistent with Goal 7 of the Oakland County SWPPI - Educate the Public about their Role in Protecting Water Quality. Rouge Oakland Public Service Announcements , Page 2 2. Task Description The project contains three tasks: Cable Television and Radio Public Service Announcements, Print Advertisements and Grant Administration. Task 1 — Cable Television and Radio Public Service Announcements OCWRC will continue the broadcast of public service announcements (PSAs) on cable and radio completed under previous Rouge Project grants. The messages will be broadcast in the spring and fall. The target audience is weekend do-it-yourselfers and the cable stations are selected to capture that audience. OCWRC will utilize the existing Mort Crim Communications, Inc. (MCCI) contract procured in 2008 for a previous Rouge Project sub- grants to broadcast PSAs on cable and radio, MCCI and their broadcast partners will provide airtime as the local match for the project. The topics planned for the PSAs are storm drain awareness and how our local waterways are connected to the Great Lakes. OCWRC shot two new cable and two new radio spots in early September 2008. The spots were titled "storm drain awareness" and "regional cooperation" and dealt with the connection between storm drains / our waterways and the Great Lakes. The topics were chosen based on the community attitudes and interest survey OCWRC completed earlier in 2008, these two spots will be utilized in this sub-grant broadcasting. The Southeast Michigan Partners for Clean Water 7 Simple Steps to Clean ' Water campaign spots may also be utilized. OCWRC plan to update the spots in early 2009 and possibly produce ' new ones. The production of the spots will not be funded as part of the Rouge grant project. The topics were selected to correspond to the Community Attitude and Interest Citizen Survey conducted by OCDC in 2008. The Southeast Michigan Partners for Clean Water 7 Simple Steps to Clean Water campaign spots may also be utilized. Deliverables: The final project summary report will summarize what PSA were broadcasted and the number of times the PSAs were played. Only rvin in the drain! Thai's beCCILJSCI liOrndro orr3 rood,icle chick, legai &rad), to ovr lakes and rems Sc, ony Di!, pivrgs0c, Lewes,. or dirty wok:if ,C.orn woshing your or 1re31 ensern a storm dt7Oir! gets .nio our lakes end rivers Will olmos1 5 rcililion People livinu in 574,16051 Mdgcir, Val 31, need lei be °wale crwki goes into our Morro Oru,ls What can you do? Simple. These lips will help prevent pollutants From entering our takes and rivers • Sweep nvewar, arnd5xMwolss.,13riall onts your In • Keep leoves, g!-oss clippqn9i, trusi, ond ferulizers ou siarrn pro.c4 • Do ncu cionip rpolor al, clyrnioo, pot waste, dirty, soapy .aier, or anyttr,ng else down Ite nom • Volunleer to Inbel the oorrn deaues en Tour nsighbedlood to inform yoor neigkOors !lid storm drains flow al reafy to OA i41.4% UrIC rr•err. Keep our water dean? Rouge Oakland Public Service Announcements; Page 3; Task 2 — Print Advertisements Oakland County will contract with print media to publish public service announcements. The intent is to publish the messages in the spring and fall. Deliverables: The final project summary report will summarize what advertisements were published and the number of times the advertisements were printed. Remember, it ALL drains to our lakes and rivers 4a.t4r41% • tc•-• - ra',.:I.E1 lay faskle4d ConIy ! Oa' IC C•c:.ril,cr. 1-rcliso.1W0W.414, n.r.ratresen. froo, L. Find out morn cit www,sernrog.arg r - t,,,,,31.1, by tbe 5oulheus: 61.61,9c1,1- FvFinurl 1,1 Clucrn Wnic, Draft Print Ad Task 3 — Grant Administration OCWRC will provide necessary grant administration tasks, includind accounting, IAA preparation, facilitation, quarterly status reports reimbursement requests and a final project summary report for the project. Deliverables: • IAA • Quarterly reports • Final report (Hard Copy and PDF format) 2010 2009 Task F M A A 1 - Radio and Cable PSAs 2 - Print Ads 3 - Grant I Admin, Rouge Oakland Public Service Announcements1 Page 41 3. Project Schedule OCWRC plans to extend the current advertising contract with lvtort Crirn Communications in the first quarter of 2009. The cable and radio announcements will run in the spring and the fall, OCWRC plans to contract with local print media in the first quarter of 2009. The print advertisements will run in the spring and the fall, The final project summary report and final reimbursement request will be submitted no later than the February 26, 2010. Rouge Oakland Public Service Announcement Schedule 4. Project Costs The total project cost is $100,000. Rouge Oakland Public Service Announcements Summary Cost Table Type of Effort: Task Number and Planning, Design, Cost Task ($) Description Construction or Evaluation %.._ I - Radio and Cable Public 86 200 Planning/ S , ervice Announcements Implementation 2 - Print Advertisements i 11,200 Planning/ Implementation 3 - Grant Administration 2,600 Planning Total Project Cost - r _ 1 ' Maximum Federal Grant 500•30 1 Funding , i Funding Percentage = 50% Rouge Oakland Public Service Announcements Page 5 Rouge Oakland Public Service Announcements Project Budget 1 Labor Hours OCWRC Contracted : Task Env. Env, Totals Labor and Services Description Sul* ' Planner ($) Fringe ($) ($) $ 7S , $ 50 1 - Radio and 24 1,200 85,000 : 86,200 Cable PSAs - print Ads 24 1200, 10,000 ' 11,200 3 - Grant 18 25 2,600 0 2,600 Administration Totals 18 73 5,000 95,000 100,000 _ 5. Local Match Local match for the project will be provided by OCINRC Environmental Team labor and donated airtime for PSA broadcast by the cable and radio contractors, Rouge Oakland Public Service Announcements Local maxgn summary lame Federal Local Share Share Task Task Description Totals RPO Contractor ($) Grant Donated OCDC ($) Cable/Radio ($) P5As ($) - Radio and Cable PSAs 86 200 43400 42 500 600 i 2 - Print Advertisements 11 200 5,600 5,600 - Grant Administration . ot _S I_ .0 [Totals 100,000 50,000 42,500 7,500 , ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION PROJECT ROUGE RIVER GENERAL PERMIT PROJECTS GRANT AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE COUNTY OF OAIC,AND THIS AGREEMENT is enteied into this day of , between the County of Wayne, Michigan, a body corporate and Charter County ("County") and The County of Oakland. a Michi nail Public Corporation ("Entio.,"). RECITALS WHEREAS, the County is the recipient of, arid 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 respectl 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'& requirements and objectives. WHEREAS, the Rouge River National Wet Weather Demonstration Project ("Rougel Project") is a comprehensive watershed-wide program addressing wet weather pollution prol:Flerns 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 goverrunent within the Rot= River Watershed to evaluate alternative approaches for controlling sources of water pollution. WHEREAS, implementing the National Pollutant Discharge Elimination System (NPDES)1 General Wastewater Discharge Permit for Storm Water Discharges from Separate Storm Waterl Drainage Systems (Pennit No. MIG619000) ("Storm Water General Permit") issued bythe Michigan Department of Environmental Quality ("IvIDEQ") 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 managementl plan implementation are considered examples of the types of activities included in the Storm Wier General Permit which will assist in restoring the water quality of the Rouge River. WHEREAS, the Rouge Oakland Public Service A nnoancenientc - Round IX 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 I 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 generally 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 completion of the project milestones is contained in Attachment "A". 2 ARTICLE lfl 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. othff_ et win be only 11 on written A r,errierithetVieen the County and the Enda', 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 shail not exceed S50,000.00 Entity shall provide a minimum match of S50,000.00 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 funds allowable to the Entity until the completion of the project as identified in Attachment "A" by the Entity. Upon! completion of all the tasks by the Entity, the approval of the Entity's task products by the County,: and the approval of the Entity's submittal of the documentation of the final project cost by the County, the remaining 10 to 20 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; and I. Documentation of all contractor costs. 3 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 Colony 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 include, 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 Water Quality Division, Department of Envirorunent, 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 I will cooperate with the County with respect to evaluating audit findings of this Agreement. Upon the request of the County or its authorized representative, including its Legislative Auditor General, ' Entity must furnish, copies of all information that will permit adequate evaluation or audit of the services provided by Entity and/or any contractor, subcontractor, consultant or agent.. 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 hold the ! County harmless from any repayment therefrom. 4 ARTICLE VI GENERAL PROVISIONS 6,1 This Agreement is expected to be funded in part with funds from the 1.3SEPA. The Entity veill 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 rOated to this specific project. This Aextemem is snbject 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 be the responsibility of the Entity. 6.3 The Entity will cooperate with the County to ensure timely completion of the tasks undertaken as pad of the project. Cooperation includes, but is not limited to sharing information and records, parti eipati on in applicable committees, and assisting in development and evaluation of 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 tenns of the Grant, the Grant terms will prevail. The fair share goals for the Grant as identified are as follows: .',4 ;Minority Business Entcrpr'se CASE) 5% Woman Biinc Enterprise (WRE) 6.5 The Entity is responsible for securing 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 re gulations including 49 C,F .R., Part 2,4 and state statutes ! related to the taking of interests in land. 6,7 With respect to construction projects, the Endo; 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 IVIDEQ, where appropriate, in accordance with the Grant requirements and applicable regulations. If the project does not meet the design criteria, the Endo.= 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. 5 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 acknowledged 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 REP procurement procedure is the applicable one. The selection of the consultant can be based on qualification or on qualification and C05I proposal. Upon consultant selection, procurement documentation must be submitted to the County. The procurement documentation should include: — Rationale for method of procurement; — Copy of advertisement, where it was published and for how long; — Number of proposals received; — Description of .selection process (e.c,., pre-established criteria of qualification, cost, or both); and — 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. Prim/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, with cost. 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; and 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, are correct pay rates used for employees, are: expense charges accurate). Price analysis consists of the Entity comparing proposed prices received with other proposals submitted for this job, an independent estimate from the Entity's experience or cost estimate from existing master plan. Copies of price/cost analysis documentation should be 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; 6 — Fixed price (lump sum) contract; — Catalog price contracts (e.g,, geotechnical investigations vhere the price of the tests are established in the market); and — For certain contracts where the above types are not applicable, the County will allow contracts with proscribed billing rates (per diem eontracts), which establishes pay rates for professional categories (e.g., Engineer 1 , Engineer II, Project Engineer, Field Technical Help, etc.). These above types of contracts are appiicable for the main contractor and for sub-contractors. "Cost plus a percentage of cost" and 'percentage of construction cost" methods of contracting shall not be used. ARTICLE Vii WAIVER OF BREACH 7.1 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 VII] 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 he terminated in whole or in part in writing by the County for its convenience. The Entity must he given: (1) not less than thirty (20) calendar days written notice of ; intent to terminate; and (2) an opportunity for consultation with the County prior to termination, 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 arid expenses incurred prior to termination. ; Equitable adjustment also will include termination settlement costs reasonably incurred by the Entity 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 i 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, Departmem of Environment, Director of Watershed Management Division, 415 Clifford, Detroit Mich gtiti 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 conKrued as a waiver 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 waiver of any governmental immunity by the County, its agencies, or employees have as provided by statute or modified by court decisions. , 9.3 The provisions of Article IX shall survive the expiration or any termination of this Agreement for a period of three (3) years. ARTICLE X INSURANCE 10.1 The Entity shall purchase and, 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 :3Lich services be by the Entity, by any subcontractor, or by anyone directly or indirectly employed by the Entity, or by anyone for whose actions any oi them may he liable. Notwithstanding the foregoing, the Entity may fulfill the insurance requirements contained in this Article by requiring its contractors or subcontractors engaged to perform the services herein, to purchase and maintain, at a minimum, the insurance requirements contained in this Article. 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 Or its contractor/subcontractor will 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 8 services, with limits of SI million dollars per claim and $1 million dollars in the aggregate for each twelve (12) month period. The Entity agrees to ensure 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 tcriew 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 followine 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 of others, 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 darnage limits of not less than $750,000 per occurrence and $1 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 riot 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 $1 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 $1million single limit of liability and any applicable first-party benefits based on Michigan's no-fault law. 9 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 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 omp.y 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 CIR. Part 52) issued pursuant to Titles VI and VII: 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 IJ.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), the Michigan Handicappers Civil Rights Act (1976 P. A. 220), the Wayne County Code of Ordinances governing "Ethics in Public Contractineand the Wayne County Fair Employment Practice Resolution of April 14, 1970. 10 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, nearital 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 he 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 OT 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. 11 ARTICLE XI? 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, 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 CIR. 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 Slate of Michigan. ARTICLE XVII EFFECTIVE DATES 17.1 This Agreement becomes effective and shall allow for billing of costs incurfed immediately , upon signing by both parties. This Agreement, unless extended by mutual written agreement, expires on February 26, 201 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. 17.2 This Agreement may be executed in counterparts, each of which will be deemed an original but all of which together will constitute one agreement. 12 ARTICLE XVIII PARTY REPRESENTATIVES Si The County's representative for this Agreement is the Director of Water Quality Division ; Department of Environment, Wayne County. The Entity representative for this Agreement is The Chief 1 ligincer for Oakland County Water Resources Commissioners Office, Either party may assign alternate representatives upon written notification of the other party, IN WITNESS WHEREOF, the. parties hive caused this Agreement to be signed on the date first above written. COUNTY OF WAYNE, MICHIGAN 13y: ROBERT A. FICANO Its: Wayne County Executive COLNTY OF OAKLAND. MICIlit; AN By: Its: )voRrtrshed tRaxii.O.Rouge Subgrants \Funded Projec ts\,RounclIXIIINB Projectsal Xft 5N1AA RiXt3 I wpd December 19, 2003 3 3 Oakland Communi antiCES—AllICILLLICEMEEILE rift -1C1/1 Rou FISCAL NOTE (MISC... #09019) February 5, 2009 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: WATER RESOURCES COMMISSIONER (WRC) - ROUGE RIVER - OAKLAND COMMUNITIES PUBLIC SERVICES ANNOUNCEMENT PROJECT — 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 Services Announcement 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 Services Announcement Project was awarded a Federal grant reimbursement from the County of Wayne in the amount of $50,000 and Oakland County will match the funds by 50%. or $50.000 for a total project cost of $100,000. 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 De met with existing Water Resources Commissioner personnel and other in-kind services from documented donations of airtime for public service announcements broadcasted by cable and radio contractors. No additional General Fund Monies are required. 5. A budget amendment is recommended to the Fiscal Year 2009 Budget as follows for the Water Resources Commissioner personnel cost that will be charged to the grant: General Fund (10100) Expenditures 6010101-174450-702010 Salaries 6010101-174450-722740 Fringes 6010101-174450-788001-29473 Transfer Out to Grart Total Expenditures FY 2009 ($4,700) ( 2.800) 7 500 $ 0 (Project GR0000000424 Activity ApAll Revenue 6010301-174450-695500-10100 Transfer In from General Fund $7,500 $7,500 Total Revenue Expenditures 6010301-174450-702010 Salaries 6010301-174450-722740 Fringes Total Expenditures $4,700 2 800 $7,500 Ce2f4MMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Zack absent. February 5, 2009 Resolution #09019 Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agehda be adopted (with accompanying reports being accepted). AYES: Burns, Cabello, Coleman, Coulter, Douglas, Gershenson, Gingeli, Gosselin, Greirnel, Hatchett, Jackson, Jacobsen, Long. McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agerlda were adopted (with accompanying reports being accepted). APPROVE It RE* TBOWTION 2-1/ 5 /C) STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true arid accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 5, 200, 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 Ponti4. Michigan this 5th day of February, 2009. Ruth Johnson, County Clerk