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Resolutions - 2012.02.16 - 19680
MISCELLANEOUS RESOLUTION #12032 February 16, 2012 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 201112012 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (mnFO) REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS for Fiscal Year 2011/2012, the Michigan Department of Environmental Quality (MDEQ), formerly Michigan Department of Natural Resources and Environment (MDNRE) 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, Public Swimming Pool Inspections, Septage, and Campground Inspection; and WHEREAS the services referenced above are on-going, and WHEREAS the Fiscal Year 2010/2011 MDNRE Reimbursement Agreement reflected a total potential funding amount of $274,675; and WHEREAS the Fiscal Year 2011/2012 MDEQ Reimbursement Agreement reflects a total potential funding amount of $245,851, which is a $28,824 decrease in potential funding from the previous agreement; and WHEREAS no personnel changes have been requested for the reimbursement programs at this time; WHEREAS this Reimbursement Agreement has been submitted through the County Executive's Contract Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Department of Environmental Quality Agreement in the total amount of $245,851, beginning October 1,2011 through September 30, 2012. 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 Hoffman absent. and and DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION FY 2011/2012 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY REIMBURSEMENT AGREEMENT ACCEPTANCE Each year the Oakland County Health Division (OCHD) enters into a contract with the Michigan Department 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 public 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. 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. Septage Program 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. GRANT REV-11M SIGN OFF — Health Division GRANT NAME: FY 2012 MDEQ — Local Health Department Agreement FUNDING AGENCY: Michigan Department of Environmental Quality DEPARTMENT CONTACT PERSON: Rachel Shymkiw 2-2151 STATUS: Grant Acceptance DATE: January 13, 2012 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 agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) maybe 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 (1/6/2012) Department of Human Resources: Approved. — Karen Jones (1/6/2012) Risk Management and Safety: Approved by Risk Management. Defer to Corporation Counsel re Section VIII — Subcontracts (if applicable) ..."the Grantee is solely responsible for all contractual activities performed under this Contract. — Andrea Plotkowski (1/12/2012) Corporation Counsel: Approved, with the understanding that Addendum A will be included and signed with the other grant documents. - Bradley G. Benn (1/11/2012) COMPLIANCE The grant agreement references an extensive number of federal and/or state regulations. Please refer to the agreement for specifically cited compliance requirements for this grant. Gala Plir From: Sent: To: Cc: Subject: VanPelt, Laurie <vanpeltl@oakgov.com > Friday, January 06, 2012 2:34 PM 'Pk Gala'; 'Davis, Patricia': ',Jones, Karen': 'Secontine, Julie' 'Shymkiw, Rachel'; 'Forzley, Kathy'; 'Drautz, Tony'; 'Pisacreta, Antonio' RE: Grant Review: Health Division - FY 2012 MDEQ - Local Health Department Agreement - Grant Acceptance Approved. From: Piir, Gala Imailto:piirgOoalgov.com1 Sent: Friday, January 06, 2012 2:30 PM To 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc: 'Shymkivv, Rachel'; 'Forzley, Kathy'; `Drautz, Tony'; 'Pisacreta, Antonio' Subject: Grant Review: Health Division - FY 2012 MDEQ - Local Health Department Agreement - Grant Acceptance GRANT CONTRACT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis • RE: GRANT CONTRACT REVIEW RESPONSE — Human Services/Health Division FY 2012 MDEQ— Local Health Department Agreement Michigan Department of Environmental Quality Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: January 13, 2012 GRANT INFORMATION Date: January 6, 2012 Operating Department: Human Services/Health Department Contact: Rachel Shymkiw Contact Phone: 2-2151 Document Identification Number: REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2011-September 30, 2012 New Facility Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): No MWDBE Requirements: Yes, Compliance with 40 CFR, Part 33 Funding Continuation/New: Renewal Application Total Project Amount: $245,851 Prior Year Total Funding: $274,675 New Grant Funded Position Requested: None 1 Gaia Piir From: Sent: Tr Cc: Subject: Jones, Karen <jonesk@oakgov.com > Friday, January 06, 2012 5:24 PM 'Piir, Gala'; 'Davis, Patricia'; 'Secontine, Julie'; 'VanPelt, Laurie' 'Shynnkiw, Rachel'; 'Forzley, Kathy'; 'Drautz, Tony; 'Pisacreta, Antonio' RE: Grant Review: Health Division - FY 2012 MDEQ - Local Health Department Agreement - Grant Acceptance Approved. From: Piir, Gala fmailto:piirg(@oakgov.coml Sent: Friday, January 06, 2012 2:30 PM To: 'Davis, Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc: Shymkiw, Rachel'; 'Forzley, Kathy'; 'DrauU, Tony`; Tisacreta, Antonio' Subject: Grant Review: Health Division - FY 2012 MDEQ - Local Health Department Agreement - Grant Acceptance GRANT CONTRACT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Human Services/Health Division FY 2012 MDECt— Local Health Department Agreement Michigan Department of Environmental Quality Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: January 13, 2012 GRAIN!' INFORMATION Date: January 6, 2012 Operating Department: Human Services/Health Department Contact: Rachel Shymkiw Contact Phone: 2-2151 Document Identification Number: REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2011-September 30, 2012 New Facility Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): No MWDBE Requirements: Yes, Compliance with 40 CFR, Part 33 Funding Continuation/New: Renewal Application Total Project Amount: $245,851 Prior Year Total Funding: $274,675 New Grant Funded Position Requested: None 1 Gaia Piir 11111111.1111.11121111111111 From: Plotkowski, Andrea <plotkowskia@oakgov.com > Sent: Thursday, January 12, 2012 5:56 PM To: Gala' Cc: Benn, Bradley G Subject: RE: Grant Review: Health Division - FY 2012 MDEQ - Local Health Department Agreement - Grant Acceptance - RM12-0007 Approved by Risk Management. Defer to Corporation Counsel re Section VIII — Subcontracts (if applicable) ..."the Grantee is solely responsible for all contractual activities performed under this Contract Andrea Plotkowski, CIC Risk Management & Safety Phone: 248-858-1694 Fax: 248-452-9796 Email: plotkowskiAftakgov.com Hours: Monday - Thursday: 7:00 a.m. to 5:30 p.m. From: Piir, Gaia rmailto:piirgoakgov.corni Sent: Friday, January 06, 2012 2:30 PM To: Patricia'; Jones, Karen; 'Secontine, Julie'; 'VanPelt, Laurie' Cc: 'Shymkiw, Rachel'; 'Forzley, Kathy'; 'Drautz, Tony'; 'Pisacreta, Antonio' Subject: Grant Review: Health Division - FY 2012 MDEQ - Local Health Department Agreement - Grant Acceptance GRANT CONTRACT REVIEW FORM TO: REVIEW DEPARTMENTS— Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Human Services/Health Division FY 2012 MDEQ — Local Health Department Agreement Michigan Department of Environmental Quality Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: January 13, 2012 GRANT INFORMATION Date: January 6, 2012 Operating Department: Human Services/Health Department Contact: Rachel Shymkiw Contact Phone: 2-2151 Document Identification Number: REVIEW STATUS: Acceptance — Resolution Required • 1 Gala Piir MINIPSMO From: Benn, Bradley G <bennb@oakgov.com > Sent: Wednesday, January 11, 2012 10:21 AM To: 'Drautz, Tony'; 'Plir, Gala' Cc: 'orzley (Mgr.), Kathy'; soavet@oakgov.com ; Shymkiw, Rachel Subject: #2012-0023 FY2011-2012 MDEQ Local Health Dept. Agreement-Water Supply Monitoring - Grant Acceptance Approved, with the understanding that Addendum A will be included and signed with the other grant documents. Bradley G. Benn Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road Bldg 14 East Courthouse West Wing Extention, 3rd Floor Pontiac, MI 48341-0419 Phone: (248) 858-0558 Fax: (248) 858-1003 Email: bennboakoov.com PRIVILEGED AN) C 1 NTIAL — ATTORNEY CLIENT COP.MUNICATION This e-mail is intended only for those persons to v. horn it is specifically addressed. It is confinec:tial and is preincted by the attorney- client privilege and work product doctrine. This privilege belongs to the County of Oakland, and iidividual addressees are not authorized to waive or modify this privilege in any way. Individuals are advised that any dissemination, rcorto,....iction or unauthorized rovi.::.,v of this information by persons other than those listed above may constitute a waiver of this privilege al Al is therefore prohibited. If u have received this message in error, please notify the sender immediately. If you have any questions, please contact the :1-nent of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. 1 LOCAL HEALTH DEPARTMENT GRANT CONTRACT BETWEEN THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY AND OAKLAND COUNTY HEALTH DIVISION This Grant Contract ("Contract') is made between the Michigan Department of Environmental Quality, (MDEQ), Resource Management Division (RMD) ("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 63 of 2011. This Contract is subject to the terms and conditions specified herein. Project Name: Local Health Department Master Grant Contract Amount of grant: $245,851.00 % of grant state $216,301.00 / % of grant federal $29,550.00 Start Date (date executed by MDEQ): 10/01/2011 End Date: 09/30/2012 GRANTEE CONTACT: Kathy Forzley, 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-mail address 38-6004876 Federal ID number STATE'S CONTACT: Pam Green Name/Title Resource Management Division Division/Bureau/Office P.O. Box 30241 Address Lansing, MI 48909-7741 Address 517.241.1261 Telephone number 517.373.2040 Fax number greenp3@michigan.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 fulfill the terms of this Contract, including any attached appendices, as set forth herein. FOR THE GRANTEE: Signature Date Name/Title FOR THE STATE: Signature Liane J. Shekter Smith, P.E., Chief, Resource Management Division Date Name/Title I. PROJECT SCOPE This Contract and its appendices constitute 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 limited 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 III, 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 terms and conditions of this Contract. II. CONTRACT PERIOD Upon signature by the State, the Contract shall be effective from the Start Date until the End Date on page 1, 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 shall 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 October 1 — December 31 January 31 *Due to the State's year-end closing procedures, there will be an accelerated due date for the report covering July 1 — September 30. Advance notification regarding the due date for the quarter ending September 30 will be sent to the Grantee. If the Grantee is unable to submit a report in early October for the quarter ending September 30, an estimate of expenditures through September 30 must be submitted to allow the State to complete its accounting for that fiscal year. 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 deliverables in accordance with Appendix A. 2 V. GRANTEE RESPONSIBILITIES (A) The Grantee agrees to abide by all local, state, and federal laws, rules, ordinances, and regulations in the performance of this grant. (B) All 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. 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 VII. ASSIGNABILITY point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be subject to the provisions of this Contract and shall be qualified to perform the duties required. 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 et 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. 4 If 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. XIV. 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. 5 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://wvvw. cpexp ress. state. ml . 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 deliverables 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. XX. 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: 6 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 $ 29550 or 12 % of total disbursements, is funded with Federal Funding. See Program Funding Section XXXI 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: 7 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://www.michigan.qovitreasury/0,1607,7-121-. 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 3027(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 8 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 access the Code of Federal Regulations (CFR) Title 40 Part 36 at http://www.access.opo.qov/nara/cfr/waisidx 08/40cfr36 08.html XXVI MBE/WBE REQUIREMENTS In accordance with the USEPA's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE/WBE) 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% WBE 5c/0 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 9 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. (c) 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 assistance 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, "MBE/WBE 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 MBE/WBE 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.cov/ocd/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 1000.25 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. 1 0 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; d. 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 U.S. 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 USC 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.usfa.dhs.goviapplications/hotel/ to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. XXX 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 recipient's EPA Project Officer. Additional information regarding subawards may be found at http://www.epaqov/ood/quide/subaward-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://vvww.epa.00vioqd/quide/subawards-appendix-b.pdf and http://www.whitehouse.coviomb/circulars/a133/a133.asp4b c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward competitions. PROJECT-SPECIFIC REQUIREMENTS APPENDIX A Title to equipment or other nonexpendable 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 )00(1 PROGRAM FUNDING Program A - Noncommunity (Type II): Index 33350 1. Water Supply Requirements —PCA 45808; Amount $148,701.00 Funding Source: State Restricted 2. Operator Certification - PCA 45770; Amount $25,950.00 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, PL 104-182 and the requirements found in the regulatory authority 40 CFR PART 31. 3. Capacity Development — PCA 45802; Amount $3,600.00 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 FS97548707 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 33350 PCA 30744; Amount $33,000.00 Funding Source: State Restricted Program C — Great Lakes Beach Monitoring: Index 60749, PCA 42224, Amount $0.00; 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 33350 PCA 45745; Amount $29,800.00 Funding Source: State Restricted Program E - Septage Requirements: Index 33350 PCA 45880, Amount $4,300.00 Funding Source: State Restricted Program H — Campground Requirements: Index 33350 PCA 45750; Amount $500 Funding Source: State Restricted 14 APPENDIX A - NONCOMMUNITY PROGRAM ALLOCATION SCHEDULE FY12 1011812011 LOCAL HEALTH TN NT STANDARD BW 1 D F O'ER I CONTRAcT PER QUARTER OP CERT CAP DEV 1 EMIzED DEPARTMENT 1ARSNC ASSIST ' STD AMOUNT STD PAYMENT MAX MAX MAX TOTAL ALLEGAN 29 $46,602 $46,682 IINIE $ 974 $ 47,656 1 , 14 $5,850 900 6,750 BARRY-EATON 23 $47,5331.2 0 5875j$ 48,408 $ 12,102 $5,550 750 $ 6,300 BAY 1..• $1,703 EIN $ _ $ 1,703 $ 426 0 $0 BENZIE-LEELANAU 181 $34,621 1 il $3,719 $ 38,340 $ 9,585 0 $450 $ 450 BERRIEN 14 $28,662 516 29,177 $ 7,294 0' $450 $ 450 BRANCH-HILLS-ST,JOE 15 $42j 0 $ 1,313 44,163 $ 11,041 $6,150 $900 $ 7,050 CALHOUN 10 $28,946 318 $ 29,263 $ 7,316 $0 $750 $ 750 CENTRAL MICH. 54111€ $108,262 1,531 109,793 27,448 $11,625 $1,650 $ 13,275 CHIPPEWA 11 • $19,439 469 19,908 $ 4,977 $01 $150 $ 150 DELTA-MENOMINEE Ea= 518,162 3 $ 1,125 19,287 $ 4,822 $4,275 $300 $ 4,575 DETROIT 0 0 50 0 a $ - 5 _ - $0 $ - i DtCKINSON-IRON =NE $10.218 IIIIE 1 ME $ 219 $ 10,435 2,609 $0 $150L$ 150_ DISTRICT #2 317 27 $55,4721NE 2Ng $ 43$ $ 66,910 $ 14,227 $0 $600 600 DISTRICT 44 27 NE $47,675 111EIMEME - 47,675 11,919 SO $450 $ 450 DISTRICT #10 83•1111 $159,484 •IIE $ 1,094 $ 160.578 $ 40,145 $0 $1,950 $ 1,950 GENESEE 3Sl Ir2 $77,898 INE 32 NE 7,891 $ 85,788 $ 21,447 $0 $1,500 $ 1,500 GRAND TRAVERSE 13.11E $28,804111EIEIE $ - S 28,804 $ 7,201 $0 $450 $ 450 HOLLAND 0 o $0 0 0 0 - $ - I $ $0 $ - HURON inim $17,021mENE 2 $ 1,594 18,621 $ 4,655 $0 $300 $ 300 INGHAM 711111 $18,588 I 2111 $ 536 19,124 $ 4,781 $0 $450 $ 450 IONIA ' __,..a1,5F IIIIIMIENIE 438 $ 22,005 $ 5,501 $0 $450 $ 450 JACKSON $43,135 111/11EMIE $ 656 43,791 $ 10,948 $0 $900 $ 900 KALAMAZOO I4. - 530,536 2 2gm $ 63 31,142 $ 7,785 $3,600 $450 $ 4,050 KENT • 5 $63,283 NENE $ 755 64,038 $ 16,010 $0 $1,200 $ 1,200 LAPEER 241 2 $42,709 2 7 EE $ 1,729 44,438 5 11,110 50 $450 $ 450 LENAWEE • 2' $30,364 2IIE $ 438 $ 30,802 $ 7,700 $0 $450 $ 450 LIVINGSTON 12 593,354 7 AC $ 4,849 $98,213 $ 24,553 $20,325 52,850 $ 23,175 LMAS 281 1 $45,4051111111111/ $ 1,753 $ 47,155 $ 11,789 $2,550 $300 $ 2,850 MACOMB 7.. 1 $19,297 1.11 91111 1,969 $ 21,266 $ 5,316 $0 $450 $ 450 MARQUETTE $10,642E1 • 656 $ 11,298 $ 2,825 $0 $150 $ 150 MIDLAND wog $8,655 a $ 219 $ 8,874 $ 2,219 $0 $150 $ 150 MID-MICHIGAN num $62,715 • 854 $ 63,570 $ 15,892 50 $1,200 $ 1,200 MONROE 1.111111E $18,304 2,000 $ 20,304 $ 5,076 $0' $300 $ 300 MUSKEGON amm $32,067 2in 438 $ 32,505 $ 8,126 $0 $4501 $ 450 NORTHWEST 406 • $83,148EIE $ 219 $ 83,366 $ 20,842 $0 $1,350 $ 1 ,350 OAKLAND 56 161 $148,701 • • $ 6,734 5 155,435 $ 38,859 $25,950 $3,600 $ 29,550 OTTAWA 1 - 3 $40,8641111E111111 $ 656 $ 41,521 $ 10,380 $0 $750 $ 750 SAGINAW 34 '1 $9,507 INEEEEE $ _ $ 9,507 $ 2,377 $0 $300 $ 300 SAINT CLAIR $14,473 1 0 469 $ 14,942 $ 3,735 $0 $150 $ 150 SANILAC 71 $13,480 006 $ 14,386 $ 3,596 $0 $150 $ 150_1 SHIAWASSEE 27 $30,364 1 7 1 1,630 31,995 $ 7,999 $4,575 $600 $ 5,175 TUSCOLA MEM $16,885 S 0 e $ - 16,885 $ 4,221 $1,200 $150 $ 1,350 VAN BUREN /CASS 24 • $47,675 a 2 438 , $ 48,113 $ 12,028 $0 $600 $ 600 WASHTENAVV 17 . $44,979 l $ 1,193 $ 46,172 $ 11,543 $7,575, 81,050$ 8,625 WAYNE $2Al2 I 01111 $ ..1 _i$ 2,412 $ 603 $0 80$ - WESTERN U.P. $19,1551111111111 $ 2,344 21,499 $ 5,375 50 $150 $ 150 CONTRACT TOTALS 8479 13711 $1,786,681 as 20311E 554,583 $ ,841,262r-TTF,TTF- 99,2251 $30,7501 29,975 I i I I I KEY: TN = TRANSIENT NONCOMMUNITY SYSTEM NT = NONTRANSIENT NONCOMMUNITY SYSTEM OPERATOR ASSISTANCE; 1 BW = SYSTEMS UNDER 2008 ARSENIC BOTTLED WATER AGREEMENT @ $98.96 1_ D= LIMITED TREATMENT SYSTEM CLASSIFICATION (ARSENIC ,NITRATE CHLORINATION ETC) @ $218.75. AS D or F LEVEL F = COMPLETE TREATMENT SYSTEM CLASSIFICATION (SURFACE WATER TREATMENT RULE) @ $468.75 L SOURCE OF DATA IS AC FIVE SYSTEMS IN WATERTRACK AS OF: 9/22/2011 1 INVENTORY TOTAL .- 8479 TN + 1371 NT = 9850 ACTIVE TOTAL CONTRACT TOTAL = TN+(3xNT) x $139.51 1_ I I I 1 I I I STANDARD REPORTING ALLOCATION: Requires standard request for payment each quarter ( , I I i 1 ITEMIZED REPORTING: Payment will be based on documented services re orted up to maximum OPERATOR CERTIFICATION: $75 ©5 LEVEL OPERATOR TRAINED BY DELEGATED LHD I MAXIMUM AMOUNT: Prey yrs highest numbers +20% OR NT x 2 + D + F (MAY BE INCREASED WITH CONTRACT AMENDMENT) _L___I T I 1 -1---- ‘CAPACITY DEVELOPMENT: $150 @ COMPLETED ASSESSMENT ON EACH NEW NT i MAXIMUM AMOUNT: NT x 15%( MINIMUM OF 2 (MAY BE INCREASED WITH CONTRACT AMENDMENT) 1 DEPARTMENT OF ENVIRONMENTAL QUALITY RESOURCE MANAGEMENT DIVISION PROGRAM A OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012 NONCOMMUNITY (TYPE II) WATER SUPPLY REQUIREMENTS A. Statement of Purpose This agreement is intended to establish responsibilities for both the Local Entity and the State in the conduct of complete noncommunity water supply program services required under the Safe Drinking Water Act, 1976 PA 399, as amended, and the Administrative Rules, hereinafter.referred to as "Act 399." B. Local Entity Requirements The Local Entity shall perform the following services including but not limited to: 1. Conduct sanitary surveys, issue water well permits, and have inspections for compliance or enforcement purposes performed by qualified individuals classified as sanitarians or equivalent. 2. Assign one individual to be responsible for operational training and reporting aspects of this agreement and to coordinate communication with the assigned State staff. 3. Maintain a current inventory of all noncommunity public water supplies within its jurisdiction using the WaterTrack Data System. 4. Provide program oversight for required water quality monitoring and reporting at noncommunity public water supplies in accordance with Act 399. The water supply owner shall be advised of the applicable monitoring requirements at the time of completion of a sanitary survey or final approval of a well permit or the effective date of the requirement. Notices of violation of required monitoring, maximum contaminant level (MCL) violations, or the occurrence of unregulated compounds shall be provided to the owner and the State in a timely manner. Notices of violation shall include the contaminant, public health effects information, specific precautionary measures, and public notice requirements where applicable, as required in Act 399. 5. Insure that repeat samples are collected promptly where initial sample results indicate a potential violation of state drinking water standards or where the sample analyses are unreliable due to overgrowth, excessive transit time, or where the presence of organic chemical contamination is indicated. 6. Complete sanitary surveys on a minimum of 20 percent of the number of noncommunity public water supplies on the contract inventory so that each supply is surveyed every five years. 7. Conduct sanitary survey inspections by performing an on-site evaluation of noncommunity public water supplies at regular intervals in accordance with procedures established by the State. An accurate and complete sanitary survey form, water well record where available, and transmittal letter to the owner regarding compliance status and monitoring requirements shall be considered a completed sanitary survey as required in Act 399. 8. Provide a notification to the owners of a nonconimunity public water supply found to be in noncompliance that includes the deficient items, outlines corrective action, establishes a specific time schedule for making corrections, and establishes an appropriate monitoring schedule, interim precautionary measures, or public notice requirements, where applicable, 9. Conduct a reinspection within ten days of the expiration date of the compliance schedule to ensure that all violations have been corrected and provide documentation of the results of the reinspection to the owner. If compliance has not been achieved, initiate enforcement in accordance with procedures established by the State. 10. Consult with the State 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 that exceeds a MCL or contains unregulated organic compounds. Assist treatment operators, review operation reports, and conduct surveillance visits as required. 11. Take prompt action to protect the public health and pursue compliance with applicable construction, public notice, and water quality standards when an inspection establishes that sewage, surface water, chemicals, or other serious contamination can gain entrance into the noncommunity public water supply or there is a confirmed MCL violation. 12. Review permit applications and issue permits prior to the construction of any new or altered noncommunity water well as required in Act 399 and in accordance with procedures established by the State. Noncommunity well permits shall be issued on forms provided by the State. 13. Complete a review of the Capacity Development Application to determine if each new nontransient noncommunity water system demonstrates adequate technical, managerial, and financial capacity in accordance with procedures established by the State prior to authorizing construction of the water system. Withhold the construction permit if the owner does not demonstrate adequate capacity in accordance with procedures established by the State. 14, Perform at least one post construction inspection of all new noncommunity water wells for which a permit has been issued. Final inspection and authorization for use of the noncommunity public water supply by the public shall be accomplished in accordance with Act 399 and procedures established by the State. 2 15. Provide the well owner with notification of the results of the final inspection report and status of compliance and establish the appropriate future monitoring schedule as required in Act 399. 16. Obtain requests for deviations from suppliers of water where necessary and evaluate and approve or deny deviations prior to the construction in accordance with procedures established by the State and as required in Act 399. 17. Provide technical assistance to noncomnnunity owners and certified operators for noncommunity systems and program oversight for noncornmunity owners to maintain compliance with operator certification requirements where applicable. 18. Local entities designated to provide continuing education for certified operators shall: Attend train the trainer workshop for each module to be presented. Provide adequate training, facilities, mailing, copying, etc., as needed at no charge to the operator. Schedule and train level 5 operators as needed. Use the prepared material to sufficiently cover each module's subject matter in approximately 3 to 4 hour sessions. Distribute, and collect evaluation forms at each session. Use the "Program Participant Roster" program provided by the Department of Environmental Quality (DEQ) to electronically send the participant list created by this program to the DEQ via e-mail. 19. Maintain appropriate noncommunity program records, including sanitary surveys, well permits, records of water sampling, and correspondence as required in Act 399. Maintain individual nonconnmunity public water supply files indexed according to water supply serial number for each inventoried noncommunity water supply. 20. Maintain records for reporting water quality monitoring violations, sanitary survey inspections and compliance status, issuance of well permits, MCL violations, and issuance of public notice. Requests for payment shall be submitted upon completion of violation determinations and required WaterTrack data entry no later than 15 days following the end of the quarter. 21. Notify noncommunity public water supply owners regarding monitoring requirements that includes language clearly stating that they may use any certified drinking water laboratory including the DEQ laboratory for compliance monitoring. 3 C. State Requirements The State shall perform the following services including but not limited to: 1. Provide noncommunity public water supply data and VVaterTrack Data System information upon request of the Local Entity. 2. Provide designated local entities with slide presentations and master copies of materials to be used for certified operator continuing education. Provide train the trainer workshops and ongoing assistance as needed. Notify operators of the local entities that are continuing education providers. Provide local entities with operator lists upon request. Provide additional training opportunities if needed to insure statewide coverage. 3. Provide training and guidance to the Local Entity in the form of procedural manuals, rules, policies, handouts, training meetings, joint inspections, and consultations. 4. Provide necessary forms or a data management program for sanitary survey reports, water well permits, operator certification, capacity development, water quality monitoring, reporting of violations, and maintaining survey frequencies. 5. Provide program consultation and direct staff assistance where necessary in pursuing compliance with applicable construction, monitoring, treatment, public notice, and water quality standards. 6. Provide administrative oversight of the Local Entity's noncommunity program to determine whether the work performed is satisfactory according to the terms and conditions of the agreement. 7. Assess the status of the Local Entity's noncommunity program relative to meeting the agreement requirements and overall program goals, and provide a report outlining the assessment with an opportunity for Local Entity input. 8. Provide for the analyses of water samples at the DEQ Laboratory. Payment of laboratory fees for the analyses of water samples required through the provisions of this agreement will be the responsibility of the water supply owner. 9. Provide a listing of all laboratories certified to perform drinking water analyses in Michigan. 4 D. Payment Schedule Program Activity Allocation Basis Payment Request Standard Inventory based on active (a) E-mail request for transient and nontransient payment to DEQ- noncommunity water WaterTrack@michigan.gov . supplies (TNCWS & Subject to DEQ verification. NTNCWS). Treatment Operator Inventory based on active Payment is included with Assistance transient and nontransient verified WaterTrack e-mail , noncommunity water request per (a). Additional supplies (TNCWS & report/request not required. NTNCWS) required to submit monthly operation reports. Certified Operator Training Service based Continuing (b) E-mail DEQ the DEQ Education Training participant roster, provided by local entity, $75 evaluation forms and per 5 level certified operator request for payment. completing a DEQ approved course _ Capacity Development Service based, $150 per Submit WaterTrack report completed assessment for for completed capacity new NTNCWS assessment and e-mail request per (a). a. E-mail request for payment to DEQ-WaterTrack@michigan.gov within 15 days after the end of each quarter. Treatment Operator Assistance reimbursement is inventory based and will be included with the standard payment allocation. Attach WaterTrack Capacity Development reports to the WaterTrack e-mail to request payment for Capacity Development Assessments completed. b. Designated local entities providing continuing education services for certified operators e-mail the "Education and Training Program Participant Roster" for each training session and send copies of course evaluation forms within 15 days of the end of each quarter to: Environmental Health Programs Unit, Drinking Water and Environmental Health Section, Resource Management Division, DEQ, P.O. Box 30241, Lansing, Michigan 48909-7741. The contact person is Ms. Holly Gohlke, who can be reached at 989-705-3422, or by e-mail at gohlkeh@michigan.gov. The final September payment will be made by the State upon the Local Entity's fulfillment of its responsibilities under this agreement. 5 E. Accountability The Local Entity shall maintain adequate accounting and employee activity records to reflect that all funds granted under this contract have been expended for the program activities as approved by the State. These records shall be made available upon request for audit by the State, Records will be retained by the Local Entity until an audit has been completed by the State or permission has been granted by the State to dispose of the records. 6 PROGRAM B - ALLOCATION SCHEDULE DRINKING WATER LONG-TERM MONITORING FY 2011-2012 LHD LONG-TERM MONITORING ocal Health Department Allegan Barry-Eaton District Bay Benzie-Leelanau District Berrien 1Branch-Hillsdale-St. Joseph District ICalhoun Central Michigan District Chippewa Public Health Delta and Menominee Counties Detroit, City of Dickinson-Iron District District #2 District #4 District #10 Genesee Grand Traverse Holland, Ci of Huron Ingham Ionia Jackson Kalamazoo Kent Lapeer Lenawee 'Livingston ILuce-Mackinac-Alger-Schoolcraft District iMacomb Marquette Mid-Michigan District Midland Monroe Public Health - Muskegon County Health Department of Northwest Michigan Oakland Ottawa Saginaw Saint Clair Sanilac Shiawassee Tuscola Van Buren/Cass Distric 1Washtenaw Wayne Western Upper Peninsula District No. of Counties I Allocation 1 $6,800 2 $4,600 00 2 1$400 $900 3 1 $1,900 $3,300 6 $3,100 1 $300 2 $300 0 $0 2 $300 4 $5,500 4 $3,000 10 $5,000 1 $1,300 1 $1,300 0 $0 1 $400 1 $700 $300 1 $3,600 1 $2,900 1 $1,300 1 $0 1 $400 1 $14,000 4 $400 1 $900 1 $300 3 $3,300 1 $700 1 $400 1 $5,000 4 $3,600 1 $33,000 1 $1,500 1 $300 1 $600 1 $1,200 1 $4,900 1 $700 2 $0 1 $2,000 1 $300 5 $400 1 1 1 83 (1- 2 Cities) $121,400 Totals MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY RESOURCE MANAGEMENT DIVISON PROGRAM B OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012 DRINKING WATER MONITORING PROGRAM A. Statement of Purpose This agreement is intended to establish responsibilities for both the Local Entity and the State in the conduct of completing work for drinking water long-term monitoring. Funding is approved under Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. B. Budget and Agreement Requirements The Local Entity will be paid on a quarterly basis at a rate of $40 for each water well sampled per sample event and associated work. The State will also reimburse the Local Entity on a quarterly basis for all reasonable costs associated with transmitting the water samples/forms to the laboratory. All requests for payment must be submitted to the Michigan Department of Environmental Quality (DEQ), Resource Management Division, Drinking Water and Environmental Health Section (DWEHS) by October 5, 2012, to allow time for processing before the State's year-end closing. C. Local Entity Requirements The Local Entity shall perform the following services including, but not limited to,: 1. Provide qualified staff for completion of all of the required activities. 2. Collect samples from drinking water supplies identified by the State. The samples must be collected according to appropriate sampling protocol within the sample collection period prescribed by the State while maintaining a minimum time period between collections. The minimum time periods between collections are as follows: MONITORING PERIOD MINIMUM TIME BETWEEN COLLECTIONS Quarterly (3 months) 1 month Triannual (4 months) 2 months Semiannual (6 months) 3 months Annual (1 year) 6 months Biennial (2 years) 12 months 3. Complete the DEQ, Drinking Water Laboratory's (Laboratory) Request for Water Analysis forms or the analysis forms for other laboratories designated by the State. 4. Transmit water samples and completed forms to the Laboratory or other laboratory designated by the State. All laboratory costs will be the responsibility of the State. Use appropriate preservation and handling techniques for transmittal of sample. 5. Generate and send health advisory letters after each sampling event to the water well owner and to the water well users, if the property is being rented (if known). The letters will meet form and content criteria acceptable to the State. Advisory letters are to be sent within six weeks of receipt of all sample results for a specific site monitoring event. A copy of each health advisory letter must be sent to the DWEHS designated representative. The name of the DWEHS designated representative appears on the drinking water monitoring lists. A copy of each health advisory letter and sample result must be sent to the respective DEQ, Remediation Division district office unless otherwise indicated by that district office. D. State Requirements The State shall perform the following services including, but not limited to,: 1. Provide the Local Entity with the addresses of drinking water supplies to be monitored and the sample collection frequency for each address within drinking water monitoring sites (site) by site name. 2. Provide assistance to the Local Entity in drafting health advisory letters. 3. Provide instruction on sample collection protocol to Local Entity staff when requested. 4. Provide the Local Entity with changes for any site in the drinking water monitoring program. Documented notification of changes, such as additions and deletions of sites or sample locations within a site, and changes to sample collection frequency will be made by mail, fax, or electronic mail. 5. Provide payment in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Local Entity. Include a list of water supplies sampled by site name and date along with total payment requested, including postage, and copies of the advisory letters (see Local Entity Requirement No. 5) if not previously provided. Required reports and documentation shall be sent to the DWEHS designated representative to: Drinking Water and Environmental Health Section, Resource Management Division, P.O. Box 30241, Lansing, Michigan 48909-7741. Payment will be made on a quarterly basis. The program contact person is Lois Elliott Graham, who can be reached at 517-241-1384 or by e-mail at grahaml@michigan.gov . 2 6. Provide any report forms and reporting formats required by the State at the effective date of this agreement, and with any new report forms and reporting formats proposed for issuance thereafter, at least ninety (90) days prior to required usage, to afford the Local Entity an opportunity for review and comment. 7. Assure that all terms of the agreement will be appropriately adhered to 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 ten (10) years from the date of termination, the date of submission of the final expenditure report, or until audit findings have been resolved. 3 APPENDIX C - ALLOCATION SCHEDULE GREAT LAKES BEACH MONITORING PROGRAM FY 2012 LHD GREAT LAKES BEACHES BEACH Act funding available is $180,376 I I Local Health Department No. of Counties Allocation Allegan 1 $ 5,000.00 Barry-Eaton District 2 $0.00 Bay 1 $ 5,000.00 Benzie-Leelanau District 2 $0.00 Berrien 1 10,260.14 Branch-Hillsdale-St. Joseph District 3 $0.00 Calhoun 1 $0.00 Central Michigan District 6 $ 9,132,97 Chippewa 1 $ 7,254.34 Delta-Menominee District 2 $ 5,000.00 Detroit, City of 0 $ 2,500.00 Dickinson-Iron District 2 $0.00 District #2 4 $ 8,381,52 District #4 4 $ 9,508.69 District #10 10 $ 13,265.93 Genesee 1 $0.00 Grand Traverse 1 $0,00 Holland, City of 0 $0,00 Huron 1 9,884.41 _Ingham 1 $0.00 Ionia 1 $0.00 Jackson 1 $0.00 Kalamazoo $0.00 Kent 1 $0.00 Lapeer 1 $0.00 enawee 1 $0,00 Livingston 1 $0.00 Luce-Mackinac-Alger-Schoolcraft District 4 5,000.00 Macomb 1 5,000.00 Marquette 1 $0.00 Marquette (city of Marquette) 1 5,000.00 Mid-Michigan District 3 $0.00 Midland 1 $0,00 Monroe 1 $ 5,000.00 Muskegon 1 $ 9,508.69 Northwest Michigan Community Health Agency 4 $ 16,647.45 Oakland 1 $0.00 Ottawa 1 $ 8,381.52 Saginaw 1 $0.00 Saint Clair 1 $ 10,635.86 Sanilac 1 5,000.00 Shiawassee 1 $0,00 Tuscola 1 $0.00 Van Buren/Cass District 2 5,000.00 Washtenaw 1 $0.00 *Watershed Center (Grand Traverse & Benzie-Leelanau) 3 $ 8,381,52 Wayne 1 2,500.00 Western Upper Peninsula District 5 $ 9,132.97 83 (+3 Cities and +1 Nonprofit) Total 180,376.00 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY WATER RESOURCES DIVISION PROGRAM C OCTOBER 1,2011 THROUGH SEPTEMBER 30, 2012 GREAT LAKES BEACH MONITORING PROGRAM REQUIREMENTS A. Statement of Purpose This agreement is intended to establish responsibilities for both the Local Entity and the State in the conduct of the Great Lakes Beach Monitoring Program (Program) services required under the Beaches Environmental Assessment and Coastal Health Act (BEACH Act), the Public Health Code, 1978 PA 368, as amended, and Part 4 Water Quality Standards, promulgated under Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. B. Budget and Agreement Requirements The Local Entity will be paid up to the allocated amount. The allocated amount is based on a formula that includes an allocation per health department and an allocation per beach. The Local Entity must use funds to monitor beaches listed in the attached table. The allocated amounts will vary from year to year depending on available funding. The State will reimburse the Local Entity for all reasonable costs associated with monitoring beaches according to the Quality Assurance Project Plan (QAPP). All payment requests for services for Great Lakes beaches must be submitted in writing. C. Local Entity Requirements The Local Entity shall perform the following services for beaches located along the Great' Lakes that are used by the public for recreational use: 1. Obtain user id and password from the beach monitoring program manager. Identify and update organization information on the DEQ beach monitoring web site at http://www.deq.state.rni.us/beach/. 2, Identify beaches or similar points of access located along the Great Lakes that are used by the public for recreation. Report location information on the DEQ beach monitoring web site; information includes location name, location description, waterbody name, waterbody type, site type, if located in a state park, coordinates for latitude and longitude in decimal degrees for the endpoints and center point of each location, an 8-digit hydrological unit code, beach length in meters, the county and township location, facilities available, and optional description of amenities. 3. Notify the city, village, or township in which the beach or point of access is located prior to conducting monitoring activities. 4. Submit a QAPP to the beach monitoring program manager prior to monitoring beaches. The QAPP must be consistent with requirements in the Public Health Code, the Part 4 Water Quality Standards, and the BEACH Act, and must be approved by the State prior to initiation of monitoring. QAPPs that have been approved and have current approval letters from the DEQ will satisfy this requirement. 5. Monitor beaches according to approved QAPP. 6. Beaches will be monitored according to R 323.1062 of the Part 4. Water Quality Standards (WQS) promulgated under Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. Subrule 62(1) of the WQS states, "All waters of the state protected for total body contact recreation shall not contain more than 130 Escherichia coli (E. coh) per 100 milliliters (ml), as a 30-day geometric mean. Compliance shall be based on the geometric mean of all individual samples taken during 5 or more sampling events representatively spread over a 30-day period. Each sampling event shall consist of three or more samples taken at representative locations within a defined sampling area. At no time shall the waters of the state protected for total body contact recreation contain more than a maximum of 300 E. coli per 100 mi. Compliance shall be based on the geometric mean of three or more samples taken during the same sampling event at representative locations within a defined sampling area," This rule is consistent with the requirements of the BEACH Act. 7. Report the current monitoring plan for each location on the DEQ beach monitoring web site. Each monitoring plan will include the start and end dates for the swimming season, and the monitoring season and the frequency that the location will be monitored. Locations can be updated individually or in groups by county. A goal for a monitoring season is to have at least 16 sampling events per beach. Usually, the sampling events are regularly scheduled throughout the swimming season. The DEQ acknowledges that some beaches may have fewer sampling events due to financial limitations. 8. Report location of at least three monitoring points per site on the DEQ beach monitoring web site prior to reporting monitoring data. Report individual monitoring results for E. coil and status of beach (open/closed/advisory) within 36 hours of the test or evaluation to the DEQ via the web site, the city, village, or township in which the site is located, and the owner or operator. The DEQ beach monitoring web site can calculate daily and 30-day geometric means as individual results are reported. 9. Conduct a beach sanitary survey for each location that will be monitored. The USEPA has provided the following beach sanitary survey tools that may be used to conduct an annual or a routine beach sanitary survey: an annual beach sanitary survey form, a routine beach sanitary survey form, a beach sanitary survey database, and a guidance document. Please contact the program manager for instructions to get this information. It is recommended that a beach sanitary survey also be conducted at nonmonitored locations when possible. The sanitary survey will indicate whether beach owners have posted signs that indicate whether the site is monitored or not and where the results can be found if the site is monitored. The Local Entity may purchase signs with grant funds that will be posted as described in the Public Health Code for publicly owned beaches. Open stretches of beach or beaches at road ends that are not advertised or posted as public bathing beaches do not need to have signs posted. Notify the beach monitoring program manager, the city, village, or township in which the site is located, and the owner or operator of the beach of the results or findings of the sanitary survey. 10. Report beach sanitary survey results to the DEQ beach monitoring web site. 11. The DEQ is interested in comparing the results of composite samples with the results obtained from taking the geometric mean of three individual samples, If you are interested, please contact the program manager for information and guidelines on selecting beaches. Composite samples can be compared to but not replace the three individual samples at this time. Please note that a revised beach monitoring QAPP will be required to include the procedures for composite sampling. Please contact the program manager for more information about revising the QAPP. The revised QAPP must be approved prior to composite sampling, 12. Provide training for staff involved in the Program as necessary to maintain knowledge of current regulations and internal policies and procedures to keep staff informed of technological improvement and advancements as approved by the state. Recommended training opportunities include the Annual Education Conference (March 28-30, 2012 in Kalamazoo, Michigan) and the Annual Great Lakes Beach Conference (October, 2012; possibly at Mission Point Resort on Mackinaw Island). 13. Submit a final report to the beach monitoring program manager. The final report shall include a list of monitored beaches, a summary of monitoring results, a summary of beach sanitary survey reports, and a description of the public notification plan, outreach activities, public education effort, and effort to receive public comment about beach monitoring activities. D. Payment Schedule and Reporting Requirements Reimbursement will be based upon the approved requests up to the amount of the allocation schedule. The Program allocation schedule is attached depicting the funding amount for the services required in this agreement. 1. A final programmatic report shall be sent to: Surface Water Assessment Section, Water Resources, DEQ, P.O. Box 30458, Lansing, Michigan 48909-7958. The contact person is Shannon Briggs, who can be reached at 517-335-1214 or by email at BRIGGSS4©michigan.gov . 2. The final payment will be made by the State based upon the Local Entity's fulfillment of its responsibilities under this agreement. E. Accountability The Local Entity shall maintain adequate accounting and employee activity records to reflect that all funds granted under this contract have been expended for the Program activities, as approved by the State. These records shall be made available upon request for audit by the State. Records will be retained by the Local Entity until an audit has been completed by the State or permission has been granted by the State to dispose of the records. Local Health Department Allegan Barry-Eaton District Bay Benzie-Leelanau District No. of Counties I Allocationl 1 $2,400 2 $2,800 1 $1,400 2 $1,300 Delta-Menominee District Dickinson-Iron District District #2 District #4 District #10 Genesee Grand Traverse Huron Ingham Ionia Jackson Ka amazoo Kent Lapeer Len awee ivingston Luce-Mackinac-Alg_er-Schoolcraft District Macomb Marquette IMichigan State University [Mid-Michigan District ,Midland 1 1 1 $500 $2,200 $300 Shiawassee St Clair Tuscola 1 Washtenaw $18,500 $100 Wayne Wayne State University 5 rict Western Upper Peninsula Dis $1,400 PROGRAM D - ALLOCATION SCHEDULE PUBLIC SWIMMING POOLS FY 2011-2012 LHD PUBLIC SWIMMING POOLS Berrien I 1 $5,200 ' 3 _ $1,400 Calhoun I 1 $2,500 6 $3,200 . Chippewa 1 $900 City of Detroit 0 $600 City of Holland 0 $3,200_ Branch-Hillsdale-St Joseph Distric Central Michigan Distric 2 $700 2 $1,000 4 $3,800 4 $5,600 10 $5,500 1 $3,300 1 $1,200 1 $700 1 $5,500 1 $500 1 $2,100 ! 1 $5,900 1 $12,000 1 $600 1 $800 1 $2,100 4 $2,700 1 $10,900 1 $1,200 0 $0 1 $1,400 3 $1,700 1 $2,400 1 $3,200, 'Monroe I Muskegon 'Northwest Michigan Community Health Agency 4 $7,000 ,Oakland 1 $29,800 Ottawa 1 $4,600 Saginaw 1 $3,500 Sanilac 1 $300 University of Michigan 0 $200 Van Buren/Cass District 2 $2,500 $9,000 83 (+2 Cities and +3 Universities) $179,600 Totals MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY RESOURCE MANAGEMENT DIVISION PROGRAM D OCTOBER 1,2011 THROUGH SEPTEMBER 30, 2012 PUBLIC SWIMMING POOL REQUIREMENTS A. Budget and Agreement Requirements This agreement is intended to establish a payment schedule to the Local Entity for an initial license and renewal license when fees are collected from the respective Local Entity's jurisdiction in accordance with Section 12532 of the Public Health Code, 1978 PA 368, as amended. The State will reimburse the Local Entity on a lump sum basis according to the following criteria: Initial license for a public swimming pool/spa* $100 License renewal prior to December 31 $30 License renewal after December 31 $45 License renewal after lapse beyond April 30 without a $70 license *Applies only to those local jurisdictions that are certified by the Michigan Department of Environmental Quality (DEQ) to conduct the initial inspections. Payment for inspections will be made for those public swimming pools/spas that have all fees paid in full. B. Local Entity Requirements The Local Entity will conduct an inspection of all public swimming pools/spas under its jurisdiction, investigate complaints, conduct meetings and/or conferences relative to compliance issues, and complete a Public Swimming Pool Inspection Report (Form EQP 1735), as provided by the State, or other report form approved by the State. Only public swimming pools that have a valid license in place should be inspected. All indoor pools should be inspected during the months of January, February, and March 2011, with the exception of public swimming pools located at schools, It is acceptable to inspect pools at schools during September and October 2011. All outdoor pools should be inspected during May, June, and July 2011. In no case should inspections be completed later than December 31, 2011. Completed inspection reports should be forwarded to the DEQ within two to four weeks following the inspection, but in no case later than January 1, 2012. Reports should be sent to: Drinking Water and Environmental Health Section, Resource Management Division, DEQ, P.O. Box 30241, Lansing, Michigan 48909-7741. The contact person is Mr. Paul Sisson, who can be reached at 51T241-1350 or by e-mail at sissonp@michigan.gov . C. State Requirements By January 31, 2012, the State will provide the Local Entity with a list of public swimming pools from that jurisdiction that have been inspected and paid the license fees. If the list needs modification, the State will provide the Local Entity a 30-day period to request any adjustments. The State will furnish periodic status reports to each Local Entity indicating the number of license applications, fees, and inspection reports received. The State will reimburse the Local Entity according to the license criteria listed in paragraph A for those public swimming pools inspected during the year ending December 31, 2011, by the Local Entity's staff or designated representative. The State will provide technical assistance, when requested, and periodic oversight. 2 Local Health Department Allegan Barry-Eaton Distric Bay Benzie-Leelanau District Berrien Branch-Hillsdale-St. Joseph District No. of Counties 1 2 1 2 1 3 Allocation $3,000 $2,000 $0 $4,500 $2,300 $4,300 PROGRAM E - ALLOCATION SCHEDULE SEPTAGE WASTE PROGRAM FY 2012 LHD SEPTAGE WASTE PROGRAM Calhoun Central Michigan District Chippewa Delta-Menominee District Detroit, City of Dickinson-Iron District District #10 District #2 District #4 Genesee Grand Traverse Holland, City of Huron Ingham Ionia Jackson Kalamazoo Kent Lapeer Lenawee Livingston Luce-Mackinac-Alger-Schoolcraft District Macomb Marquette Midland Mid-Michigan District Monroe Muskegon Northwest Michigan Community Health Agency Oakland Ottawa Saginaw Sanilac St. Clair Shiawassee Tuscola Van Buren/Cass District Washtenaw Wayne Western Upper Peninsula District 6 1 2 0 2 10 4 4 -71 0 1 1 1 1 1 1 1 1 3 1 1 4 1 1 1 1 2 1 1 5 $0 $9,700 $3,700 $5,700 $01 $750 $14,000 $5,000 $8,800 $0 $1,000 $0 $3,700 $0 $4,800 $800 $0 $0 $3,000 $3,500 $1,700 $4,500 $1,000 $1,700 $3,100 $8,500 $2,000 $1,400 $15,000 $4,300 $1,600 $2,000 $0 $1,000 $1,900 $1,000 $5,600 $950 $1,400 $2,500 83 (+ 2 Cities) $141,700 Totals MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY RESOURCE MANAGEMENT DIVISION SEPTAGE WASTE PROGRAM - PROGRAM E OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012 A. Budget and Agreement Requirements This agreement is intended to establish a payment schedule to the Local Entity for an initial septage waste land site inspection, annual land site inspection, septage waste vehicle inspection, and authorized receiving facility inspection in accordance with Section 324.11716 of part 117, Septage Waste Servicers, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The Department of Environmental Quality (DEQ) will reimburse the Local Entity on an annual lump sum basis according to the following criteria: Initial inspection of a septage land disposal site (per site) $500.00 Annual DEQ authorized land disposal site inspection (per site) includes DEQ authorized septage waste storage facility inspection $430.00 Annual inspection of septage vehicles (per vehicle) $50.00 DEQ authorized receiving facility inspection $100.00 The payment for a new land application site and new vehicle shall satisfy the annual inspection requirement. The annual payment for land disposal sites will be made for one inspection of each site. Please note that each site may contain more than one disposal location known as "fields". The disposal site inspection and reimbursement payment includes inspection of the DEQ authorized septage waste storage facility (if applicable). Annual payment for septage vehicle inspections will be based on the number of vehicles inspected. B. Local Entity Requirements 1. The Local Entity shall investigate complaints and conduct meetings and/or conferences relative to compliance issues. The Local Entity will provide a timely and appropriate response to all violations in a manner described in a DEQ Septage Waste Program document entitled, "Fiscal Year 2012 Enforcement Policy". 2. The Local Entity shall conduct inspections of all DEQ licensed septage waste land disposal sites and septage waste vehicles on an annual basis in accordance with Part 117 and as established in a DEQ Septage Waste Program document entitled, "Fiscal Year 2012 Compliance Inspection Policy". The Local Entity shall use current DEQ inspection forms provided by the DEQ. 3. The DEQ shall notify the Local Entity to conduct inspections of new land application sites and new vehicles. The Local Entity shall conduct inspections of new land application sites and new vehicles and submit the material to the DEQ Septage Program within 3 weeks from the date of receipt of DEQ notification. The inspections are conducted to verify that the new 1 sites, the new septage waste vehicles, and the servicing methods are in compliance with part 117. The Local Entity shall use current inspection forms provided by the DEQ. 4. The Local Entity shall conduct annual inspections of all DEQ authorized receiving facilities in their jurisdiction using current inspection forms provided by the DEQ. 5. The Local Entity shall conduct inspections of all DEQ authorized septage waste storage facilities on an annual basis. The Local Entity shall use current inspection forms provided by the DEQ. 6. The Local Entity shall submit inspection tracking reports on a quarterly basis using the form provided by the DEQ. The inspection forms shall be submitted along with the quarterly report form unless previously submitted. These and other program forms can be downloaded from the program website by clicking on 'Health Department Information' located under 'Downloads' on the Septage Waste Program webpage at www.michigan.goviseptaqe 7. The Local Entity shall complete all inspections no later than August 31, 2012, and shall submit the Request for Payment (RFP) to the Septage Waste Program no later than September 15, 2012. 8. The Local Entity shall make the RFP in writing and include an alphabetical list of all licensed septage waste businesses that have been inspected in FY 2012 within their jurisdiction using the Septage Program Quarterly Report form posted on the program webpage described below. Inspection requirement details are outlined in the document entitled, "Fiscal Year 2012 Compliance Inspection Policy". This policy, inspection checklists, reports and forms are posted on the program website and can be downloaded by clicking on 'Health Department Information' located under 'Downloads' on the program webpage. C. DEQ Requirements The DEQ shall provide a current list of permitted land disposal sites by jurisdiction. This information is available by clicking on 'Septage Haulers Directory' located under 'Online Services' on the program web page and searching by county. 1. The DEQ shall provide up to date license application materials on the program website under "downloads". 2. The DEQ shall perform a one time, detailed review all new septage waste firm business, vehicle, land site and cropping plan applications to ensure administrative completeness before forwarding them to the local entity for inspection. 3. The DEQ shall provide current inspection forms on the program website. These forms can be downloaded from the program website by clicking on 'Health Department Information' located under 'Program Forms/Downloads'. The inspection forms include: a. Existing Land Site Inspection form (EQP 5900); b. New Land Site Inspection Form (EQP 5970); c. Cropping Plan Review Form; 2 d. Septage Waste Program Vehicle Inspection Form (EQP 5901); e. Septage Waste Receiving Facility Inspection Form (EQP 5911); f. Septage Waste Storage Facility Inspection Form (EQP 5966). 4. The DEQ shall make available quarterly inspection status report forms. These forms can be downloaded from the program website by clicking on 'Health Department Information' located under 'Program Forms/Downloads'. 5. The DEQ will provide for the request and receipt of annual cropping plans for all existing land application sites from licensed Septage Waste Haulers which shall be transmitted to the Local Entity. The DEQ will make available detailed land application record review and Inspection resources necessary to assist the Local Entity in their consideration of cropping plans for existing sites within their respective jurisdictions. 6, The DEQ will provide resources, technical assistance, regional training, and program support as requested by the local entity. These resources include the Guidance Manual for the Land Application of Septaqe Waste which can be downloaded from the program website. It can be accessed by clicking on 'Land Application Information' under 'Program Forms/Downloads'. 7. The DEQ shall provide program updates and information via the program webpage's `Septage Program FAQs' (Frequently Asked Questions) and informational mailings. The Local Entity will be copied on memos to licensed septage waste businesses. D. Payment Schedule and Reporting Requirements Reimbursement will be based upon the remittance of standardized information in a spreadsheet format summarizing inspections performed and the remittance of the appropriate checklists referenced above (EQP 5900, EQP 5901, and EQP 5911). The • Quarterly reports and year end RFP submissions should be sent to: Solid Waste and Land application Section, Resource Management Division, P.O. Box 30241, Lansing, MI 48909- 7773. The contact person is the Septage Waste Program Coordinator, Mr. Matthew Campbell, who can be reached at 517-335-4178 or by e-mail at campbellm4,michigan.qoy • The annual payment will be made by the State upon receipt of the RFP from the Local Entity and based upon the Local Entity's fulfillment of its responsibilities under this agreement. The RFP and inspection checklist copies are due by September 15. The reimbursement request shall besent to: Administration Section, Resource Management Division, DEQ, P.O. Box 30241, Lansing, MI 48909-7773. E. Accountability The Local Entity shall maintain adequate accounting and employee activity records to reflect that all funding granted under this contract have been expended for the Program activities, as approved by the State. These records shall be made available upon request for audit by the State. Records will be retained by the Local Entity until an audit has been completed by the State or permission has been granted by the State to dispose of the records. 3 1 29 $800 2 33 $900 1 7 $200 2 26 $700 1 17 $500 3 60 $1,500 6 92 $2,300 1 26 $700 2 22 $600 2 23 $600 10 237 $6,000 4 54 $1,400 4 55 $1,400 1 8 $200 1 18 $500 1 27 $700 1 9 $300 1 8 $200 1 29 $800 1 8 $200 1 19 $500 1 18 $500 1 17 $500 1 9 $300 4 70 $1,800 1 1 $100 1 13 $400 1 7 $200 3 29 $800 1 15 $400 1 22 $600 4 50 $1,300 1 20 $500 1 19 $500 1 8 $200 1 12 $300 1 7 $200 1 11 $300 1 8 6200 2 62 $1,600 1 9 $300 1 4 $100 5 35 $900 82 1253 $33,000 PROGRAM H - ALLOCATION SCHEDULE CAMPGROUND INSPECTIONS FY 2011-2012 LHD INSPECTION OF CAMPGROUNDS WITH AN ANNUAL LICENSE [Local Health Department of Counties [-No. of CGs–r-----Alloca—ition ALLEGAN COUNTY HEALTH DEPARTMENT BARRY-EATON DISTRICT HEALTH DEPARTME BAY COUNTY HEALTH DEPARTMENT BENZIE-LEELANAU DISTRICT HEALTH DEPAR BERRIEN COUNTY HEALTH DEPARTMENT BRANCH-HILLSDALE-ST. JOSEPH DISTRICT H CENTRAL MICHIGAN DISTRICT HEALTH DEPA CHIPPEWA COUNTY HEALTH DEPARTMENT DELTA-MENOMINEE DISTRICT HEALTH DEPAI DICKINSON-IRON DISTRICT HEALTH DEPARTI DISTRICT HEALTH DEPARTMENT NO. 10 DISTRICT HEALTH DEPARTMENT NO. 2 DISTRICT HEALTH DEPARTMENT NO. 4 GENESEE COUNTY HEALTH DEPARTMENT GRAND TRAVERSE COUNTY HEALTH DEPAR1 HURON COUNTY HEALTH DEPARTMENT INGHAM COUNTY HEALTH DEPARTMENT IONIA COUNTY HEALTH DEPARTMENT JACKSON COUNTY HEALTH DEPARTMENT KALAMAZOO COUNTY HUMAN SERVICES DEF KENT COUNTY HEALTH DEPARTMENT LAPEER COUNTY HEALTH DEPARTMENT LENAWEE COUNTY HEALTH DEPARTMENT LIVINGSTON COUNTY HEALTH DEPARTMENT LUCE-MACKINAC-ALGER-SCHOOLCRAFT DI& MACOMB COUNTY HEALTH DEPARTMENT MARQUETTE COUNTY HEALTH DEPARTMENT MIDLAND COUNTY HEALTH DEPARTMENT MID-MICHIGAN DISTRICT HEALTH DEPARTME MONROE COUNTY HEALTH DEPARTMENT MUSKEGON COUNTY HEALTH DEPARTMENT NORTHWEST MICHIGAN COMMUNITY HEALTF OAKLAND COUNTY HEALTH DIVISION OTTAWA COUNTY HEALTH DEPARTMENT SAGINAW COUNTY DEPARTMENT OF PUBLIC SANILAC COUNTY HEALTH DEPARTMENT SHIAWASSEE COUNTY HEALTH DEPARTMEN' ST. CLAIR COUNTY HEALTH DEPARTMENT TUSCOLA COUNTY HEALTH DEPARTMENT VAN BUREN/CASS COUNTY DISTRICT PUBLIC WASHTENAW COUNTY DEPARTMENT OF EN\ WAYNE COUNTY HEALTH DEPARTMENT WESTERN UPPER PENINSULA DISTRICT HEA TOTALS Calhoun Co is not inspecting campgrounds MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY RESOURCE MANAGEMENT DIVISION PROGRAM H OCTOBER 1,2011 THROUGH SEPTEMBER 30, 2012 CAMPGROUND REQUIREMENTS A. Budget and Agreement Requirements This agreement is intended to establish an inspection payment schedule to the Local Entity for the renewal of an annual license when fees are collected from the respective Local Entity's jurisdiction in accordance with Section 12510 of the Public Health Code, 1978 PA 368, as amended, hereinafter referred to as "Act 368," This agreement is also intended to establish a reimbursement schedule to the State for the issuance of a temporary license when fees are collected by the Local Entity in accordance with Section 12510 of Act 368. The State will reimburse the Local Entity on a lump sum basis at $25 for each annually license campground inspection, The Local Entity will reimburse the State on a lump sum basis all but $25 of the fee for each temporary license. Annual payments will be made for those campgrounds that have all fees paid in full and an inspection report has been submitted. B. Local Entity Requirements The Local Entity will collect license fees for temporary campgrounds within its jurisdiction in accordance with Section 12506a of Act 368, issue or deny the temporary campground licenses, and provide a copy of the approved or denied license to the Drinking Water and Environmental Health Section (DVVEHS), Resource Management Division (RMD), DEQ. The Local Entity will conduct an inspection of all campgrounds under its jurisdiction, investigate complaints, conduct meetings and/or conferences relative to compliance issues, and complete a Campground Inspection Report (Form EQP 1715) as provided by the DVVEHS, RMD, DEQ, or other report form approved by the DEQ. Only campgrounds that have submitted a license application and paid appropriate licensing fees should be inspected. All campgrounds should be inspected during the months of May, June, July, August, and September 2012. Completed inspection reports should be forwarded to the DEQ within two to four weeks following the inspection, but in no case later than September 30, 2012. Reports should be sent to: DEQ, DWEHS, P.O. Box 30241, Lansing, Michigan 48909-7741. The contact person is Ms. Nancy Allen who can be reached at 517-241-1340 or at allenn@michigan.gov . C. State Requirements For annual campground licenses, the State will provide the Local Entity with a list of campgrounds from that jurisdiction that have submitted the appropriate fee and annual license application. The State will furnish periodic status reports to each Local Entity indicating the number of annual license applications, fees, and inspection reports received. The State will reimburse the Local Entity $25 for each of those campgrounds inspected during the year ending September 30, 2012, by the Local Entity's staff or designated representative. The payment shall be on a lump sum basis. The State will provide technical assistance when requested and periodic oversight. For temporary campground licenses, the State will provide the Local Entity with a list of temporary campground license applications received from the Local Entity's jurisdiction and an invoice for the appropriate lump sum charge in accordance with Section 12506a of Act 368, less the $25 portion of the fee intended for the Local Entity in accordance with Section 12510, 2 ADDENDUM A to CONTRACT BETWEEN STATE OF MICHIGAN, DEPARTMENT OF ENVIRONMENTAL QUALITY AND OAKLAND COUNTY HEALTH DIVISION FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012 This Addendum modifies the intergovernmental agreement entitled, "CONTRACT BETWEEN STATE OF MICHIGAN, DEPARTMENT OF ENVIRONMENTAL QUALITY AND OAKLAND COUNTY HEALTH DIVISION FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012" for Non-community Drinking Water Long Term monitoring, and other monitoring services, as follows: • Article XI LIABILITY shall read: (A) Except as otherwise provided by law neither Party shall be obligated to the other or indemnify the other for any third party claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of either party under this Contract, nothing herein shall be construed as a waiver of any governmental immunity for either party or its agencies, or officers and employees as provided by statute or modified by court decisions. Paragraphs B, C, and D shall be omitted. • Article XVI INSURANCE PARAGRAPH A shall 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. Addendum to Contract between the Michigan Department of Environmental Quality and Oakland County Health Division Page 2 of 2 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: MICHAEL J. GINGELL, CHAIRPERSON OAKLAND COUNTY BOARD OF COMMISSIONERS Tl A 9-9-7 1././-1. I E, For the State: DATE WATER BUREAU GENERAL FUND (10100) State Grants Revenues: 1060220-134060-615571 1060220-134190-615571 1060220-134210-615571 1060220-134220-615571 9010101-196030-665882 1060220-173080-631400 FISCAL NOTE (MISC . #12032) February 16, 2012 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2011/2012 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) 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 finds: 1 The Michigan Department of Environmental Quality (MDEQ) has awarded $245,851 to the Oakland County Health Division for services related to Non-Community (Type II) Water Supply, Long-Term Drinking Water Monitoring, Swimming Pool Program, Septage Program, and Campground Inspections. 2. The grant award of $245,851 is a $28,824 decrease from the previous year's agreement. 3. The grant period is October 1, 2011 through September 30, 2012. 4. Due to a lack of operators requiring certification this Fiscal Year for Public Water, the Health Division estimates actual reimbursements to be $238,029. 5. The estimated reimbursement of $238,029 is $20,947 less than the FY 2012 budget allocation of $258,976. 6. Supplemental revenue from the adoption of Article XI of the Oakland County Sanitary Code in addition to On-Site Sewerage Permits, which is experiencing favorability in revenue due to increased requests for permits which has been consistent over the past two years, are expected to generate sufficient revenue to offset the $20,947 shortfall from this grant reimbursement. 7. The FY 2012 budget is amended as follows: FY 2012 Amendment Water Supp. Require. ($ 200) Water Supp. Require. ( 3,547) Public Swimming Pool ( 2,200) Long Term Monitoring ( 15,000) Planned Use of Balance 7,500 On-Site Sewerage Permits 13,447 $ FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #12032 February 16, 2012 Moved by Dwyer supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Bosnic, Covey. (24) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). LD- I HEREBY APPROVE THE FOREGOING RESOLLTION ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 16, 2012, 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 16th day of February, 2012. 13,La Bill Bullard Jr., Oakland County