HomeMy WebLinkAboutResolutions - 2010.01.20 - 10099MISCELLANEOUS RESOLUTION 110003 January 20, 2010
BY: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR
2009/2010 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT
AGREEMENT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS for Fiscal Year 2009/2010, the Michigan Department of Environmental
Quality (MDEQ) has awarded a reimbursement agreement to the Oakland County Health
Division for services related to Non-community - Type II Water Supply, Long-Term
Drinking Water Monitoring, Radon, Public Swimming Pool Inspections, Septage, On-
Site Sewer and Campground Inspection; and
WHEREAS the services referenced above are on-going; and
WHEREAS the Fiscal Year 2008/2009 MDEQ Reimbursement Agreement reflected a
total funding amount of $276,438; and
WHEREAS the Fiscal Year 2009/2010 MDEQ Reimbursement Agreement reflects a
total funding amount of $295,582, which is a potential $19,144 increase from the
previous agreement; and
WHEREAS no personnel changes have been requested for the reimbursement
programs at this time and
WHEREAS this Reimbursement Agreement has been submitted through the County
Executive's Contract Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
accepts the Michigan Department of Environmental Quality Reimbursement Agreement
in the total arrount of $295,582, beginning October 1, 2009 through September 30,
2010.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
approval of the above-referenced contract is specifically conditioned and
premised upon the Department's concurrence in the terms and conditions contained
in Addendum A of the Agreement, as mutually agreed to by the County and the
Michigan Department of Environmental Quality.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes its Chairperson to execute this Agreement subject to the following
additional condition: That the County's approval for entering into this Agreement
is specifically conditioned and premised upon the acceptance, approval and
execution of the Agreement and Addendum A by the Michigan Department of
Environmental Quality, and that the failure of the Michigan Department of
Environmental Quality to execute the Agreement as specified shall, without any
further act of the Oakland County Board of Commissioners, automatically negate
and void the County's approval and/or acceptance of this agreement as provided
for in this resolution.
BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute
the Reimbursement Agreement and approve changes and extensions not to exceed
fifteen percent (15%), which is consistent with the agreement as originally
approved.
Chairperson, on behalf of the General Government Committee, I move the
adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Hatchett absent.
Page of 1
Tom Fockler
From: Piir, Gala lpiirg@oakgov.corn]
Sent: Monday, January 04, 2010 12:17 PM
To: 'Fockler, Tom 'Pearson, Linda'
Subject: Grant Sign Off Health Division - FY 2010 MDEQ - Local Health Department Agreement - Grant
Acceptance
Attachments: Grant Sign off okg.pdf; ADDENDUM09 .pdf
The complete sign off package and Addendum A are attached.
GRANT REVIEW SIGN OFF — Health Division
GRANT NAME: FY 2010 MDEQ — Local Health Department Agreement
FUNDING AGENCY; Michigan Department of Environmental Quality
DEPARTMENT CONTACT PERSON: Torn Fockler 2-2151
STATUS: Grant Acceptance
DATE: January 4, 2010
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 grant acceptance package (which should include the Board of Commissioners Liaison
Committee Resolution, the grant agreementicontract, Finance Committee Fiscal Note, and this Sign Off email containing
grant review comments) may be requested to be place 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 (12/14/2009)
Department of Human Resources:
Approved. —Cathy Shallal (12/15/2009)
Risk Management and Safety:
Approved with modification: Incorporate attached "Addendum A" to the FY 2009-2010 funding period contract. —
Andrea Plotkovvski (1212212009)
Corporation Counsel:
It is approved. — Bradley Benn (1/4/2010)
COMPLIANCE
The grant agreement references an extensive number of federal and state regulations. Please refer to the agreement for
specifically cited compliance requirements for this grant.
&aia V. Piir
Grants Compliance and Programs Coordinator
Oakland County Fiscal 5ervIces Division
Phone (248) 858-1037
Fax (248) 858-9724
piirgeoakgov.corn
1/4/2010
DEPARTMENT OF HEALTH AND
HUMAN SERVICES/HEALTH
DIVISION
FY 2009/2010 MICHIGAN DEPARTMENT OF ENVIRONMENTAL
QUALITY REIMBURSEMENT AGREEMENT ACCEPTANCE
Each year the Oakland County Health Division (OCHD) enters into a contract with the Michigan
Depai tinent of Environmental Quality (MDEQ) to carry out the following activities:
Noncommunity Water Supply (Type II)
The OCHD monitors water supplies that are not community owned but supply water to the
general pub:ic through the course of doing business.
Long-term Drinking Water Monitoring
The OCHD collects water samples to monitor drinking water supplies in areas of known or
suspected contamination as identified by DEQ. Testing is conducted in DEQ lab.
Radon Program
Funding for this program remains at zero. OCHD continues to sell radon test kits provided
by the state and issues press releases to educate the public during October's Radon Action
Week and again in January.
Swimming Pool Program
The OCHD makes inspections, monitors water sampling activities, mails results, and
investigates complaints of swimming pools and spas that are open to the public in Oakland
County.
•pj4,g‘0c.g1_f am The OCHD will inspect land septage disposal sites annually and septage
waste motor vehicles as licenses are renewed.
• Campground Inspections
The OCHD inspects public campgrounds and facilities yearly for license renewal.
DE0
LOCAL HEALTH DEPARTMENT GRANT CONTRACT
BETWEEN THE
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
AND OAKLAND COUNTY HEALTH DIVISION
This Grant Contract ("Contracr) is made between the Michigan Department of Environmental Quality, (MDEQ),
Water Bureau ("State"), and Oakland County Health Division (-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 Michigan Safe Drinking Water Act,
1976. PA 399, as amended; Natural Resources and Environmental Protection Act, 1994. PA 451. as
amended, Parts 117 and 201; Public Health Act, 1978, PA 368, as amended; and Federal Water Pollution
Control Act. 33 U.S.C. 1251 et seq. Legislative appropriation of Funds for grant assistance is set forth in
Public Act 118 of 2009. This Contract is subject to the terms and conditions specified herein.
Project Name: Local Health Department Master Grant Contract
Amount of grant: $$295,582 % of grant state $$255,327 / % of grant federal $$40,255
Start Date (date executed by MDE0): 10/01/2009
GRANTEE CONTACT:
Kathy ForzIey, Manager
Name/Title
Oakland County Health Division
Organization
1200 N. Telegraph Rd., Dept. 432
Address
Pontiac, MI 48341-0432
Address
Telephone number
Fax number
E-meii address
38-6004876
Federal ID rumber
End Date: 09/30/2010
STATE'S CONTACT:
Tom Hettinger
Name/Tide
Water Bureau
Division/Bureau/Of lice
P.O. Box 30723
Address
Lansing, MI 48909-7773
Address
517.241.1330
Telephone number
517.373.2040
Fax number
HettingertQmichigan.gov
E-mail address
The individuals signing below certify by their signatures that they are authorized to sign this Contract on behalf
of their agencies and that the parties will fuifill the terms of this Contract, including any attached appendices,
as set forth herein.
FOR THE GRANTEE:
Date Signature
Name/Title
FOR THE STATE:
Signature
William Creal, Chief, Water Bureau
Name/TiVe
L PROJECT SCOPE
Date
This Contract and its d plitt idiuum..3riblitute the entire Contract between the State and the Grantee
and may be modified only by written agreement between the State and the Grantee.
(A) The scope of this project is iimited to the activities specified in Appendix A and such activities as
are authorized by the State under this Contract. Any change in project scope requires prior written
approval in accordance with Section Ill, Changes, in this Contract.
(B) 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 terns and
conditions of this Contract
H. CONTRACT PERIOD
Upon signature by the State, the Contract shall be effective from the Start Date until the End Date on
page 1. 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 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 and 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. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS
The Grantee snail submit deliverables and follow reporting requirements specified in Appendix A of
this Contract.
(A) The Grantee must complete and submit reports according to a form and format prescribed by
the State. 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 15*
January 31 October 1 — December 31
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*Due to the State's year-end closing procedures, there will be an ancederateci due date for the report
covering July 1 — September 30. Advance notification regarding the due date for the quarter ending
September 30 will be sert 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.
The forms provided by the State shall be submitted to the State's contact at the address on page 1.
(B) The Grantee shall provide a final project report in a format prescribed by the State
(C) The Grantee must provide all products and aeliverables in accordance with Appendix A
V. GRANTEE RESPONSIBILITIES
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(A) The Grantee agrees to abide by all local, state, and federal laws, rules, ordinances, and
regulations in the performance of this grant.
(B) Ail local, state, and federal permits, if required, are the responsibility of the Grantee. Award of
this grant is not a guarantee of permit approval by the State.
(C) The Grantee shall be solely responsible to pay all taxes, if any, that arise from the Grantee's
receipt of this grant.
(D) The Grantee is responsible for the professional quality, technical accuracy, timely completion.
and coordination of all designs, drawings, specifications, reports, and other services furnished by
the Grantee or its subcontractor under this Contract. The Grantee or its subcontractor shall,
without additional compensation, correct or revise any errors, omissions, or other deficiencies in
drawings, designs, specifications, reports, or other services.
(E) 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 the 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.
(F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with
the State for the purpose of obtaining this Contract or any payment under the Contract, and that
any such filing may subject the Grantee, its agents, and/or employees to criminal and civil
prosecution and/or termination of the grant.
VI. USE OF MATERIAL
Unless otherwise specified in this Contract, the Grantee may release information or material
developed under this Contract, provided it is acknowledged that the State funded all or a portion of
its development.
The State retains an irrevocable license to reproduce, publish, and use in whole or in part, and
authorize others to do so, any copyrightable material submitted under this grant whether or not the
material is copyrighted by the Grantee or another person. The Grantee will only submit materials
that the State can use in accordance with this paragraph.
Unless otherwise specified in this Contract, the Grantee may not patent products or processes
developed under this Contract.
VII. 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 of the State. The State does not
assume responsibility regarding the contractual relationships between the Grantee and any
subcontractor.
VIII. 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
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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.
IX. NON-DISCRIMINATION
The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended,
MCL 37.1101 at seq., and all other federal, state, and local fair employment practices and equal
opportunity laws and covenants that it shall not discriminate against any employee or applicant for
employment, to be employed in the performance of this Contract, with respect to his or her hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment, because of his or her race, religion, color, national origin, age, sex, height, weight,
marital status, or physical or mental disability that is unrelated to the individual's ability to perform
the duties of a particular job or position. The Grantee agrees to include in every subcontract
entered into for the performance of this Contract this covenant not to discriminate in employment.
A breach of this covenant is a material breach of this Contract.
X. UNFAIR LABOR PRACTICES
The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA
278, as amended, MCL 423.321 et seq.
Xl. 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 employed by the Grantee.
(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.
(C) In the event that liability arises as a result of activities conducted jointly by the Grantee and the
State in fulfillment of their responsibilities under this Contract, such liability is held by the Grantee and
the State in relation to each party's responsibilities under these joint activities.
(D) Nothing in this Contract should be construed as a waiver of any governmental immunity by the
Grantee, the State, its agencies, or their employees as provided by statute or court decisions.
XII. CONFLICT OF INTEREST
No government employee, or member of the legislative, judicial, or executive branches, or member of
the Grantee's Board of Directors, its employees, partner agencies. or their families shall benefit
financially from any part of this Contract.
XIII. ANTI-LOBBYING
If all or a portion of this Contract is funded with federal funds, then in accordance with OMB
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 State. Further, the Grantee shall require that the
language of this assurance be included in the award documents of all subawards at all tiers.
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lf all or a portion of this Contract is funded with state funds, then the Grantee shall not use any of
the grant funds awarded in this Contract for the purpose of lobbying as defined in the State of
Michigan's lobbying statute, MCL 4,415(2). 'Lobbying' means communicating directly with an
official of the executive branch of state government or an official in the legislative branch of state
government for the purpose of influencing legislative or administrative action. The Grantee shall
not use any of the grant funds awarded in this Contract for the purpose of litigation against the
State. Further. the Grantee shall require that language of this assurance be included in the award
documents of all subawards at all tiers.
X/V. DEBARMENT AND SUSPENSION
By signing this Contract, the Grantee certifies to the best of its knowledge and belief that it, its
agents, and its subcontractors:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or the state.
(2) Have not within a three-year period preceding this Contract been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction, as defined in 45 CFR 1185; violation of
federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property.
(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in subsection (2).
(4) Have not within a three-year period preceding this Contract had one or more public
transactions (federal, state, or local) terminated for cause or default.
(5) Will comply with all applicable requirements of all other state or federal laws, executive
orders, regulations, and policies governing this program.
XV. 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 this Contract, including grant and any
required matching funds, in accordance with generally accepted accounting principles and other
procedures specified by the State. The State or any of its duly authorized representatives must have
access, upon reasonable notice, to such books, records, documents, and other evidence for the
purpose of inspection, audit, and copying. The Grantee will provide proper facilities for such access
and inspection. All records must be maintained for a minimum of five years after the final payment
has been issued to the Grantee by the State.
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.
(B) The Grantee must comply with applicable workers' compensation laws while engaging in
activities authorized under this Contract.
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XVII. OTHER SOURCES OF FUNDING
The Grantee guarantees that any claims for reimbursement made to the State under this Contract
must 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. COMPENSATION
(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 1 of this Contract, in accordance with
Appendix A, and only for expenses incurred. 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, [unless otherwise specified in Appendix A].
(C) The State will approve payment requests after approval of reports and related documentation as
required under this Contract.
(D) The State reserves the right to request additional information necessary to substantiate payment
requests.
(E) Payments under this Contract may be processed by Electronic Funds Transfer (EFT), The
Grantee may register to receive payments by EFT at the Contract & Payment Express Web Site
(http://www.cpexpress.state.mi.us).
XIX. CLOSEOUT
(A) A determination of project completion, which may include a site inspection and an audit, shall be
made by the State after the Grantee has met any match obligations, satisfactorily completed the
activities, and provided products and deliverdbles described in Appendix A.
(B) Upon issuance of final payment from the State. the Grantee releases the State of all claims
against the State arising under this Contract. Unless otherwise provided 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.
(C) The Grantee shall immediately refund to the State any payments in excess of the costs allowed
by this Contract.
)01 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 Grantee. The State reserves the right to provide just and equitable
compensation to the Grantee for all satisfactory work completed under this Contract.
XXI. TERMINATION
(A) This Contract may be terminated by the State as follows.
(1) Upon 30 days written notice to the Grantee:
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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 subcontract or favorable treatment in
awarding, amending, or making any determinations related to the performance of this
Contract,
d. During the 30-day written notice period, the State shall also withhold payment for any
findings under subparagraphs a through c, above.
e. If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in
the register of persons engaging in unfair labor practices that is compiled by the
Michigan Department of Labor and Economic Growth or its successor.
(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; or
d. Convicted of any other criminal offense that, in the sole discretion of the State, reflects
on the Grantee's business integrity.
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.
FEDERALLY FUNDED PROGRAM-SPECIFIC BOILERPLATE
XXII FEDERAL FUNDING REQUIREMENTS
A maximum of $ $40.255 or 14 % of total disbursements, is funded with Federal Funding. See
Program Funding Section )00<1 for funding by individual program. By accepting this contract, the
grantee agrees to comply with the requirements of the Statutory Authority and the requirements of
the Regulatory Authority found in the Program Funding Section XXXI. 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:
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Michigan Department of Environmental Quality
Finance and Business Services Division
Federal Aid Section
P.O. Box 30473
Lansing, MI 48909
Or, the grantee may also submit the single audit report electronically to the Michigan
Department of Treasury website (http:J/www.rnichiaan.ciov!treasurvf016077-121-
1751 31038---,00.html.)
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.
XXIII CONSULTANT CAP
Payment to consultants, EPA participation in the salary rate (excluding overhead) paid to
individual consultants retained by recipients or by a recipient's contractors or
subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive
Schedule (formerly GS-18), to be adjust annually. This limit applies to consultation services
of designated individuals with specialized skills who are paid at a daily or hourly rate. As of
January 1, 2009, the limit is $587.20 per day and $73.40 per hour. This rate does not
include transportation and subsistence costs for travel performed (the recipient will pay
these in accordance with their normal travel reimbursement practices),
Sub agreements with firms for services which are awarded using the procurement
requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless
the terms of the contract provided the recipient with responsibility for the selection,
direction, and control of the individuals who will be providing services under the contract at
an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b).
XXIV COPYRIGHTED MATERIAL
In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR
30.36 for other recipients, EPA has the right to reproduce, publish, use and authorize others
to use copyrighted works or other data developed under this assistance agreement for
Federal purposes.
Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other
Federal employees for official Governmental purposes: (2) Use by Federal contractors
performing specific tasks for the Government; (3) Publication in EPA documents provided
the document does not disclose trade secrets (e.g. software codes) and the work is
properly attributed to the recipient through citation or otherwise; (4) Reproduction of
documents for inclusion in Federal depositories; (5) Use by State, tribal and local
governments that carry out delegated Federal environmental programs as 'co-regulators' or
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act as official partners with EPA to carry out a national environmental program within their
jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the
use is consistent with the terms of EPA's authorization to the other grantee to use the
copyrighted works or other data.
Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use
the copyrighted works or other data developed under this grant as a result of:
a. the selection of another grantee by EPA to perform a project that will involve the use
of the copyrighted works or other data or;
b. termination or expiration of this agreement.
In addition, EPA may authorize another grantee to use copyrighted works or other data
developed with Agency funds provided under this grant to perform another grant when such
use promotes efficient and effective use of Federal grant funds.
XXV DRUG-FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS
The recipient organization of this EPA assistance agreement must make an ongoing, good
faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth
in Title 40 CFR 36.200-36.230. Additionally, in accordance with these regulations, the
recipient organization must identify all known workplaces under its federal awards, and
keep this information on file during the performance of the award.
Those recipients who are individuals must comply with the drug-free provision set forth in
Title 40 CFR 36.300
The consequences for violating this condition are detailed under Title 40 CFR 36.510.
Recipients can dUUeS5 the Code of Federal Regulations (CFR) Title 40 Part 36 at
http://vvww.access.gpo ,govinara/cfriwaisidx 08/40cfr36 08.html
XXVI MBEAMBE REQUIREMENTS
In accordance with the USEPA's Program for Utilization of Small, Minority and Women's
Business Enterprises (MBENVBE) in procurement under assistance programs, contained in
40 CFR, Part 33, the Grantee agrees to:
(1) Accept the applicable "fair share" goals negotiated with USEPA by the Michigan
Department of Environmental Quality as follows:
MBE 3% VVBE 5%
Pursuant to 40 CFR, Section 33.301, the recipient agrees to the following good faith efforts
whenever procuring construction, equipment, services and supplies under this agreement,
and to ensure that sub-recipients, loan recipients and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure Disadvantaged Business Enterprises (DBEs) are made aware of
contracting opportunities to the fullest extent practicable through outreach and
recruitment activities. For Indian Tribal, State and Local government recipients.
this will include placing DBEs on solicitation lists and soliciting them whenever
they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange
time frames for contracts and establish delivery schedules, whether the
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requirements permit, in a way that encourages and facilitates participation by
DBEs in the competitive process. This includes whenever possible, positing
solicitations for bids or proposals for a minimum of 30 calendar days before the
bid or proposal closing date.
Consider in the contracting process whether firms competing for large contracts
could subcontract with DBEs. For Indian Tribal, State and local government
recipients, this will include dividing total requirements when economically
feasible into smaller tasks or quantities to permit maximum participation by
DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large
for one of these firms to handle individually,
(e) Use the services and assistanee of the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce in
finding DBEs.
(f) If the prime contractor awards subcontracts, require the prime contractor to take
the steps in paragraphs (a) through (e) of this section.
The recipient agrees to complete and submit EPA Form 5700-52A, "MBENVBE Utilization
Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning
with the Federal fiscal year reporting period the recipient receives the award, and
continuing until the project is completed. The reports must be submitted to the Project
Manager semiannually for the periods ending March 31 and September 30, Final
MBEANBE reports must be submitted within 90 days after the project period of the grant
ends. EPA Form 5700-52A may be obtained from the program manager or on the Internet
at www.epa.eov/oed/forms/forms.htm
The recipient agrees to comply with the contract administrations provisions of 40 CRF,
Section 33.302, which establishes that a prime contractor must pay its subcontractor by 30
days after the grant recipient has made payment.
XXVII PROCUREMENT OF RECYCLED PRODUCTS
Any State agency or agency of a political subdivision of a State which is using appropriated
Federal funds shall comply with the requirements set forth in Section 6002 of the Resource
Conservation and Recovery Act (RCRA) (42U.S.C. 6962). Regulations issued under RCRA
Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000
or where the quantity of such items acquired in the course of the preceding fiscal year was
$10,000 or more. RCRA Section 6002 requires that preference be given in procurement
programs to the purchase of specific products containing recycled materials identified in
guidelines developed by EPA. These guidelines are listed in 40 CFR 247.
XXVII RECYCLED PAPER
In accordance with the policies set forth in EPA Order 1000.26 and Executive Order 13423,
Strengthening Federal Environmental, Energy and Transportation Management (January.
24, 2007,) the recipient agrees to use recycled paper and double sided printing for all
reports which are prepared as a part of the agreement and delivered to EPA. This
requirement does not apply to reports prepared on forms supplied by EPA, or to Standard
Forms which are printed on recycled paper and are available through the General Services
Administration.
(c)
10
XXVIII SMALL BUSINESS IN RURAL AREAS
By accepting this agreement, the recipient agrees to comply with Section 129 of Public Law
100-590. the Small Business Administration reauthorization and Amendment Act of 1988.
Therefore, if the recipient awards a contract under this assistance agreement, it will utilize
the following affirmative steps relative to Small Business in Rural Areas (SBRAs):
a. Placing SBRAs on solicitation lists:
b. Ensuring the SBRAs are solicited whenever they are potential sources;
c. Dividing total requirements when economically feasible, into small tasks or
quantities to permit maximum participation by SBRAs;
cl, Establishing delivery schedules, where the requirements of work will permit,
which would encourage participation by SBRAs.
e. Using the services of the Small Business Administration and the Minority
Business Development Agency of the US. Department of Commerce, as
appropriate; and
f. Requiring the contractor, if it awards subcontracts, to take the affirmative steps
in subparagraphs a. through e. of this condition.
XXIX HOTEL-MOTEL FIRE SAFETY
Pursuant to 40 CFR 30.18, if applicable, and 15 USG 2225a, the recipient agrees to ensure
that all space for conferences, meetings, conventions or training seminars funded in whole
or in part with federal funds complies with the protection and control guidelines of the Hotel
and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel-
Motel National Master List at http://www.usfadhs.gov/applications/hotel/ to see if a property
is in compliance (FEMA ID is currently not required), or to find other information about the
Act.
)00C SUBAWARDS
a. The recipient agrees to:
(1) Establish all subaward agreements in writing;
(2) Maintain primary responsibility for ensuring successful completion of the EPA-
approved project (this responsibility cannot be delegated or transferred to a
subrecipient);
(3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of
OMB Circular A-133 and are not used to acquire commercial goods or services
for the recipient;
(4) Ensure that any subawards are awarded to eligible subrecipients and that
proposed subaward costs are necessary, reasonable, and allocable;
(5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying
activities;
(6) Monitor the performance of their recipients and ensure that they comply with all
applicable regulations, statutes, and terms and conditions which flow down in
the subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or international
organization, or a subaward to be performed in a foreign country; and
(8) Obtain approval from EOA for any new subaward work that is not outlined in the
approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as
applicable.
11
b. Any questions about subrecipient eligibility or other issues pertaining to subawards
should be addressed to the recipients EPA Project Officer. Additional information
regarding subawards may be found at httPliwww.epa.cov/ocid/quidefsubaward-policy-
part-2.pdf Guidance for distinguishing between vendor and subrecipient relationships
and ensuring compliance with Section (a)-(d) of OMB Circular A-133 can be found at
http://www.epagoviood/ouideisubawards-appendix-b.odf and
httplimov.whitehouse.gov/ornbkirculars/a133/a133.aspx#b
c. The recipient is responsible for selecting its subrecipients and, if applicable, for
conducting subaward competitions.
12
PROJECT-SPECIFIC REQUIREMENTS — APPENDIX A
Title to equipment or other nonexpenclable personal property supported in whole or in part by the
State with categorical funding and having a unit acquisition cost of less than $5,000 shall vest with
the Grantee upon acquisition. The State reserves the right to retain or transfer the title to all items
of equipment and nonexpendable personal property having a unit acquisition cost of $5,000 or
more to the extent that it is determined that the State's proportionate interest in such equipment
and personal property supports such retention or transfer of title.
The Grantee, if a Local Health Department, shall comply with the local public health accreditation
standards and follow the accreditation process and schedule established by the Michigan
Department of Community Health (MDCH) to achieve full accreditation status. A Grantee
designated as 'not accredited" may have their State allocations reduced for costs incurred in the
assurance of service delivery.
13
XXXI PROGRAM FUNDING
Program A - Noncornmunity (Type II):
Index 37338
1. Water Supply Requirements —PCA 41893; Amount $155,447
Funding Source: State Restricted
2. Operator Certification - PCA 41813; Amount $36,355 is funded with Federal
Funding. The Catalog of Federal Domestic Assistance (CFDA) title is "Operator
Certification Expense Reimbursement Grant", and the CFDA number is 66.471.
The Federal Grant Number is CT975861 and the grant is funded with Federal funds
from the EPA awarded in 2002. By accepting this contract, the grantee agrees to
comply with the requirements of the Safe Drinking Water Act, Sec. 1419(d)
Amended 1996, a 104-182 and the requirements found in the regulatory authority
40 CFR PART 31.
3. Capacity Development — PCA 41832; Amount $3.900 is funded with Federal
Funding. The Catalog of Federal Domestic Assistance (CFDA) title is "Cap Grant
for the Drinking Water Revolving Fund", and the CFDA number is 66.468. The
Federal Grant Number is FS97548705 and the grant is funded with Federal funds
from the EPA awarded in 2005. By accepting this contract, the grantee agrees to
comply with the requirements of the By accepting this contract, the grantee agrees
to comply with the requirements of the Safe Drinking Water Act, Sec. 1419(d)
Amended 1996, PL 104-182 and the requirements found in the regulatory authority
40 CFR PART 31 & 35, subpart L.
Program B - Long-Term Monitoring:
Index 37307 PCA 30744; Amount $62,130 Funding Source: State Restricted
Program C — Great Lakes Beach Monitoring:
Index 37541, PCA 41239, Amount $0; is funded with Federal Funding. The Catalog of
Federal Domestic Assistance (CFDA) title is "Beach Monitoring and Notification
Program Grant", and the CFDA number is 66.472. The Federal Grant Number is
CU00E259-01 and the grant is funded with Federal funds from the EPA awarded in
2007. By accepting this contract, the grantee agrees to comply with the
requirements of the Beaches Environmental Assessment and Coastal Health Act of
2000, PL 106-284 and the requirements found in the regulatory authority 40 CFR
PART 31.
Program D - Public Swimming Pool Requirements:
Index 37342 PCA 44402; Amount $32,700 Funding Source: State Restricted
Program E Septage Requirements:
Index 37344 PCA 44106, Amount $4,500 Funding Source: State Restricted
Program H — Campground Requirements:
Index 37343 PCA 44502; Amount $550 Funding Source: State Restricted
14
ADDENDUM A
to
CONTRACT BETWEEN
STATE OF MICHIGAN, DEPARTMENT OF ENVIRONMENTAL QUALITY
AND
OAKLAND COUNTY HEALTH DIVISION
FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010
This Addendum modifies the intergovernmental agreement entitled, "CONTRACT
BETWEEN STATE OF MICHIGAN, DEPARTMENT OF ENVIRONMENTAL QUALITY
AND OAKLALND COUNTY HEALTH DIVISION FOR THE PERIOD OF OCTOBER 1,
2009 THROUGH SEPTEMBER 30, 2010" for Non-community Drinking Water Long
Ternn monitoring, and other monitoring services, as follows:
Article XI LIABILITY shall read:
(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 or anyone
employed by the Grantee.
(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.
(C) In the event that liability arises as a result of activities conducted jointly by the
Grantee and the State in fulfillment of their responsibilities under this Contract,
such liability is held by the Grantee and the State in relation to each party's
responsibilities under these joint activities.
(D) Nothing in this Contract should be construed as a waiver of any
governmental immunity by the Grantee, the State, its agencies, or their
employees as provided by statute or court decisions.
(E) If the Grantee utilizes any subcontractors for services under this Contract, the
Grantee shall require subcontractors to be responsible for any claims, demands,
costs or judgments arising out of activities carried out by subcontractors under
this Contract and to indemnify the State of Michigan for any claims, demands,
costs or judgments arising out of activities carried out by subcontractors under
this Contract.
Addendum to Contract between the Michigan Department of Environmental Quality and
Oakland County Health Division
Page 2 of 2, 12/18/09
• Article XVI INSURANCE PARAGRAPH A shah read:
(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.
Paragraph B shall remain unchanged.
• Article XX CANCELLATION a new paragraph shall be inserted after the first
paragraph and it shall read:
The State shall notify Grantee in writing within thirty (30) calendar days of
becoming aware of the need for any modifications in agreement funding
commitments made necessary by action of the Federal Government, the
Governor or Legislature or the Department of Management and Budget on behalf
of the Governor or Legislature. Grantee and the State shall work together to
determine if Grantee's obligations under the Contract can be modified to
accommodate a decrease in funding. Grantee shall have the right to terminate
this Contract if the State provides notice that funding shall cease.
The individual or officer signing this Agreement and Addendum certifies by his or
her signature that he or she is authorized to sign the Agreement and Addendum on
behalf of the responsible board or agency.
For the Grantee:
BILL BULLARD, JR., CHAIRPERSON
OAKLAND COUNTY
BOARD OF COMMISSIONERS
DATE
For the State:
DATE
WATER BUREAU
FISCAL NOTE ,(HISC. #10003) January 20, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — FISCAL YEAR
2009/2010 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDE0) REIMBURSEMENT
AGREEMENT 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 f.nds:
1. The Michigan Department of EnOonmental Quality (MDEQ) has awarded $295,582 to the
0a,dand County Health Division for services related to Non-Community (Type II) Water
Supply, Long-Term Drinking Water Monitoring, Radon Program, Swimming Pool Program,
Septage Program, and Campground lispections.
2. The grant award of $295.582 is a S19,144 increase from the previous agreement.
3. Due to fewer operators requiring certification this Fiscal Year for Public Water the Health
Division estimates actual reimbursements to be $277,055.
4. The estimated reimbursement of $277,055 is $617 more than the FY2010 budget of
$276.438.
5. This reimbursement agreement does not obligate the County to any future commitment.
6. The FY2010 budget is amended as follows:
FY 2010
Amendment
Health Fund #20221
9090100-134860-695500-10100 Non-Dept Transfer (Gen Fund)
1060220-134190-615571 DEQ 09110 Water Supp, Require.
1060220-134210-615571 DEQ 09110 Public Swimming Pool
1060220-134230-615571 DEQ 09/10 Campground Require.
Total Health Fund Revenues
$ (617)
3,067
(2,300)
(150)
$ 0
General Fund #10100
9010101-134860-788001-20221 Non-Dept Transfer to Healtn $ (617)
9090101-196030-730359 Contingency 617
Total General Fund Expenditures $ 0
FINANCE COMMITTEE
Motiorl carried unanimously on a roll call vote.
CE palvtIOITTE, Eeedy
fat LA_
HEREBY APPH TEJAEGOING RUCTION
7//
Resolution #10003 January 20. 2010
Moved by Coleman supported by Potter the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen. Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad. Schwartz.
Scott, Taub, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficent majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda
were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, cc hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopteo by the Oakland County Board of Commissioners on January 20, 2010,
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 20th day of January, 2010,
gat
Ruth Johnson, County Clerk