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HomeMy WebLinkAboutResolutions - 1989.06.15 - 16987'June 15, 1989 MISCELLANEOUS RESOLUTION 89146 BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: DEPARTMENT OF INSTITUTIONAL AND HUMAN SERVICES/HEALTH DrvIsIow - ACCEPTANCE OF 1989-90 NON-TRANSIENT NON-COMMUNITY WATER SYSTEM SURVEY REIMBURSEMENT AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #89105, "Grant Application and Reimbursement Agreement Procedures (Revision #2)", the Health Division applied to the Michigan Department of Public Health NW for $6,516 in reimbursement funds to conduct inspections of non-transient, non-community water system for the period August 1, 1989 through May 31, 1990; and WHEREAS the MDPH has awarded the Oakland County Health Division a reimbursement agreement to conduct said inspections, in the same amount as applied for; and WHEREAS implementation of this agreement requires no additional County staff or resource; and WHEREAS no revenue was placed in the 1989 Budget for this service, the revenue from this agreement can be appropriated to the 1989 contingency account; and WHEREAS Corporation Counsel has reviewed and approved this agreement as to form; and WHEREAS acceptance of this agreement does not obligate the County to any future commitments. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the 1989/90 Non-transient Non-community Water System Survey Reimbursement Agreement in the amount of $6,516. BE IT FURTHER RESOLVED THAT the Chairperson of the Board be and is hereby authorized to execute said reimbursement agreement and to approve amendments to the agreement up to fifteen (15) percent variance from the original award which are consistent with the agreement as approved. ts-mrreimba ,Th :.,'!.70‘17. THE F7P:1'.7.r.Tn7::: RESOLUTION r H E 'CT I /1 Daniel T. 1'1hr:0y, O*UhI Exey)4 BE IT FURTHER RESCUED that the 1989 Budget be amended as follows: Revenue 3-22100-162-20-00-2683 Expenditures 4-10100-909-01-00-9900 Est. Revenue $6,516 Contingency $6,516 $ Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE CCMMI1TNE mrreimbagree • Agreement Between Michigan Department of Public Health hereinafter referred to as the "Department" and Oakland County Health Department 1200 N. Telegraph Road Pontiac, Michigan 48053 Federal I.D. #38-6004876 hereinafter referred to as the "Agency" for Sanitary Surveys of Nontransient Noncommunity Public Water Supplies PURPOSE The purpose of this contract is to provide for the conduct of comprehensive sanitary surveys of nontransient noncommunity public water systems. The Michigan Safe Drinking Water Act (Act 399, P.A. 1976) requires surveillance and monitoring of noncommunity public water supplies which are defined as those nonresidential establishments with their own drinking water source supplying water to more than 14 service connections or to an average of 25 or more people for at least 60 days per year. A nontransient noncommunity water system means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. The purpose of the sanitary survey is to supplement other routine surveillance programs conducted by the local health department allowing the completion of an in-depth, high quality survey and sampling of the water system. OBJECTIVES This contract provides for the completion of sanitary surveys of nontransient noncommunity water supplies within the local health department's jurisdiction. This sanitary survey program will include a complete sanitary survey of the construction of the water supply serving each of these facilities, including the water well, pumping and storage equipment and the distribution system; collection and analysis of water samples for volatile organic hydrocarbons, heavy metals, partial chemistry, and bacteriology; notification to water supply owners of the condition of the water supply and establishment of monitoring schedules for water quality parameters; and follow-up to correct any violations noted during the sanitary survey. METHODOLOGY AND PROGRAM CONTENT The contracted service will be administered by the Local Agency. The Local Agency will provide staff for completion of the outlined program activities. -2- PROGRAM BUDGET AND AGREEMENT AMOUNT The department under the terms of this agreement will provide funding not to exceed $6,516.00. Payment under the terms of this agreement will be based upon the actual number of water supplies surveyed at a rate per supply of $130.32. This rate is based on the 1989 Adjusted Direct Service Rate times 1.75 hours. The number of water supplies to be surveyed has been determined to be 50. This agreement is conditionally approved subject to the availability of funds. RESPONSIBILITIES OF THE LOCAL AGENCY The Agency in accordance with the general purposes and objectives of this agreement will: 1. Provide the necessary administrative, professional and technical staff to complete the sanitary surveys of those noncommunity public water supplies serving business/industries which serve 25 or more employees, and schools within the agency's jurisdiction. The on-site survey portion of the sanitary survey shall be performed by individuals classified as sanitarians or equivalent classification. 2. Conduct the sanitary survey by performing an on-site evaluation of the water supply facility and investigative office work as needed; collecting water samples for bacteriology, volatile organic hydrocarbons, heavy metals and partial chemistry analyses, and mailing or delivering samples to a laboratory approved by the Michigan Department of Public Health for performance of these analyses. 3. Provide information obtained from the sanitary survey on standard forms provided by the Department. 4. Collect check samples promptly where initial sample results indicate a potential violation of state drinking water standards, or where sample analysis results are unreliable due to overgrowth of organisms on the test media, or exceeding transit time, or where the presence of organic chemical contamination is indicated. 5. Prepare and mail correspondence to the owner of the water supply to transmit results of the sanitary survey and results of the water quality analyses. In the case of a water supply found to be In noncompliance, such correspondence shall state the items in noncompliance, outline corrective action, establish a specific time schedule for making needed corrections, and establish a routine bacteriological monitoring frequency. In the case of a water supply found to be in compliance, the owner of the supply shall be advised of the bacteriological monitoring frequency to be observed. -3- 6. Provide follow-up visits, correspondence, or other activities to pursue compliance with construction requirements as outlined in correspondence accompanying sanitary surveys. 7, Examples of standard form letters developed by the local health department for use in transmitting survey results shall be submitted for review to the Michigan Department of Public Health prior to initiating use of the letters. 8. Maintain an up-to-date inventory of noncommunity water supplies within the agency's jurisdiction by completing data processing forms for additions, changes or deletions to the inventory. 9. Consult with the Michigan Department of Public Health in situations where the noncommunity public water supply provides treatment for public health purposes, utilizes a surface water source or is found to be providing water which exceeds a maximum contaminant level. 10. Submit to the Michigan Department of Public Health copies of all sanitary surveys completed under the terms of this contract, including a copy of the correspondence sent to the owner, copies of sample analyses results and a copy of the well log if available. Copies of all follow-up correspondence shall also be provided to the department. 11. When a sanitary survey of a noncommunity public water supply establishes that sewage, surface water, chemicals or other serious contamination can gain entrance into the water supply, immediate action shall be taken by the local health department to protect the public health and to pursue compliance with applicable construction and water quality standards. 12. Maintain adequate program and fiscal records and files including source documentation to support program activities and all expenditures made under the terms of this agreement, as required. 13. Provide access to authorized representatives of the Department, Federal Grantor Local Agency, Comptroller General of the United States, or any of their duly authorized representatives, to all records, files, and documentation related to this agreement. 14. Submit all subcontracts for review by the Department prior to execution for authorization under this master agreement. Signed contracts shall be submitted within 30 days after execution and will become attachments to this master agreement. All subcontracts shall require the subcontractor to comply with all applicable terms and conditions of this master agreement. In the event of a conflict between this master agreement and provisions of a subcontract, the provisions of this master agreement shall prevail. 15. Assure appropriate adherence to all terms of the agreement; and, that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than three years from the date of termination, the date of submission of the final expenditure report or until audit findings have been resolved. 16. Assure compliance with all applicable federal and state laws, guidelines, rules, and regulations in carrying out the terms of this agreement including submission of a copy of any audit report related in whole or part to this program. 17. Assure that all purchase transactions, whether negotiated or advertised, shall be conducted openly and competitively in accord with the principles and requirements of OMB Circular A-102 or A-I10 as applicable and that records sufficient to document the significant history of all purchases are maintained for a minimum of three years after the end of the agreement period. 18. Inform the Department of any employee assigned to this program who has retired from State of Michigan employment under Acts 2 and 3 of P.A. 1984 (Early Retirement Program). A monthly report shall be required on the first of each month reporting the names of State early retirants who performed work in the previous month of the program(s) covered under this agreement. Such reports are not required for any State early retirant who reaches the age of 62 years. RESPONSIBILITIES OF THE MICHIGAN DEPARTMENT OF PUBLIC HEALTH The Michigan Department of Public Health, under the terms of this agreement will: 1. Provide a current printout of the noncommunity public water supply inventory indicating establishments in need of surveys. 2. Provide assistance, training, and guidance to the local agency. 3. Provide necessary forms and instructions for completion of the noncommunity public water supply sanitary survey. 4. Provide payment in accordance with this agreement in an amount not to exceed $6,516.00 based upon appropriate reports, records and documentation maintained by the local health agency. 5. Provide program consultation and direct staff assistance where necessary in pursuing compliance with applicable construction and water quality standards. 5- 6. Provide an evaluation of the program as necessary-to determine whether the work performed is satisfactory according to the terms and conditions of the contract. Review sanitary surveys completed and submitted by the Local Agency. 7. Provide necessary sample bottles for collection of water samples. 8. Provide for the analyses of water samples at the Michigan Department of Public Health Laboratory. Costs of sample analyses performed at other certified laboratories will not be reimbursed through provisions of this contract. Title VI of the Civil Rights Act of 1964 and the Regulations of the U.S. Department of Health and Human Services issued thereunder, and Section 504 of the Rehabilitation Act of 1973, and the Michigan Handicappers' Civil Rights Act (1976 PA 220), The Elliott-Larsen Civil Rights Act (1976 PA 453) and the Rules of the Michigan Civil Rights Commission which have been promulgated and adopted pursuant to the requirements of the Administrative Procedure Act of 1969 (1969 PA 306) as amended: The Local Agency assures that, in carrying out this program, no person shall be excluded from participation, denied any benefits, or subjected to discrimination on the basis of race, creed, age, color, national origin, or ancestry, religion, sex, or marital status (except where a bonafide occupational qualification exists). This policy of nondiscrimination shall also apply to otherwise qualified handicapped individuals. PAYMENT AND REPORTING PROCEDURES Payment under the terms of this agreement will be based upon the actual number of noncommunity water supplies surveyed at a reimbursement rate per supply of $130.32. Total payment under the terms of this agreement will not exceed $6,516.00. Final reports are to be submitted no later than 60 days from the expiration date of this agreement. The Local Agency shall notify the Department in writing upon completion of all sanitary surveys, of the number of supplies surveyed and the payment requested. The Department will reimburse the Local Agency according to the terms of this agreement. AGREEMENT PERIOD - The Department will assume no responsibility or liability for costs incurred by the Agency prior to the signing of this agreement. This agreement is in full force and effect from August 1, 1989 through May 31, 1990. This agreement may be terminated by either party by giving sixty (60) days written notice to the other party stating the reasons for termination and effective date or, upon the failure of either party to carry out the terms of the agreement, by giving ten (10) days written notice to the other party stating cause and effective date. Signature Title Date -6-- The Department may also terminate this agreement upon 15 days notice if the name of the Local Agency, or the name of the subcontractor, manufacturer, or supplier of the Local Agency subsequently appears in the register compiled by the Michigan Department of Labor pursuant to Section 2 of Act 278 PA 1980. The act prohibits the state from entering into contract with certain employers who engage in unfair labor practices; to prohibit those employers from entering into certain contracts with others; to provide for the compilation and distribution of 2 register of those employers and to provide for the voiding of certain contracts. Upon any such termination, any funds not authorized for use shall be returned to the Department. This agreement is conditionally approved subject to the availability of funds. AMENDMENTS - Any changes to this agreement will be valid only if made in writing and accepted by all parties to this agreement. SPECIAL CERTIFICATION - The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official, or Local Agency. FOR THE LOCAL AGENCY: FOR THE DEPARTMENT: Signature Raj M Wiener Acting State Health Director Title Date RECOMMENDED BY: Acting Chief, Division of Water Supply Signature James K. Cleland Title Date NAME: Application approved for the 1989/90 Nontransient Noncommunity Water System Surveys Contract as provided for under Miscellaneous Resolution #89105 - Revised Federal and State Grant Application and Reimbursement Contract Procedures. - DATE:9619,14J'Etc:\ Oakland County Board of Commissioners RESOLUTION # 89146 June 5, 1989 Moved by Caddell supported by Gosling the resolution be adopted. AYES: Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge. (27) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached resolution, adopted by the Oakland County Board of Commissioners at their regular meeting held on June 15 , 19 89 with the original record thereof now remaining on file in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac,Michigan this 15th day of June , 1989 LYNX D. ALLEN, County Clerk Register of Deeds Deputy Clerk