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HomeMy WebLinkAboutResolutions - 2013.11.13 - 21101MISCELLANEOUS RESOLUTION 13287 November 13, 2013 BY: Planning and Building Committee, Jim Runestad, ChairpersonIN RE* WATER RESOURCES COMMISSIONER - RESOLUTION AUTHORIZING THE 2013 STORM WATER ASSET MANAGEMENT AND WASTEWATER (SAW) GRANT APPLICATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, Part 52 (strategic water quality initiatives) of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended {"Part 52"), provides at MCL 324.5204e that the Michigan Finance Authority (the "MFA") in consultation with the Michigan Department of Environmental Quality (the "DEQ") shall establish a strategic water quality initiatives grant program; and WHEREAS, in accordance with the provisions of 2012 PA 511, which provides grants to municipalities for sewage collection and treatment systems or storm water or nonpoint source pollution control; and WHEREAS, in accordance with the provisions of 1985 PA 227, as amended, Part 52, and other applicable provisions of law, the MFA, the DEQ, and the Municipality that is a grant recipient shall enter into a grant agreement (the "SAW Grant Agreement") that requires the Municipality to repay the grant under certain conditions as set forth in MCL 324.5204e, as amended; and WHEREAS, the Municipality does hereby determine it necessary to (select one or more) E establish an asset management plan, M establish a stormwater management plan, ÿ establish a plan for wastewater/stormwater, ÿ establish a design of wastewater/stormwater, ÿ pursue innovative technology, or ÿ initiate construction activities (up to $500,000 for disadvantaged community). WHEREAS, it is the determination of the Municipality that at this time, a grant in the aggregate principal amount not'to exceed £2.000,000 ("Grant") be requested from the MFA and the DEQ to pay for the above-mentioned undertaking(s); and WHEREAS, the Municipality shaii obtain this Grant by entering into the SAW Grant Agreement with the MFA and the DEQ. NOW, THEREFORE, BE IT RESOLVED THAT: 1. County of Oakland Board of Commissioner's Chairperson, a position currently held by Michael Gingell. is designated as the Authorized Representative for purposes of the SAW Grant Agreement. 2. The proposed form of the SAW Grant Agreement between the Municipality, the MFA and DEQ (attached Sample Grant Agreement) is hereby approved and the Authorized Representative is authorized and directed to execute the SAW Grant Agreement with such revisions as are permitted by law and agreed to by the Authorized Representative. 3. The Municipality shall repay the Grant, within 90 days of being informed to do so, with interest at a rate not to exceed 8 percent per year, to the Authority if the Municipality is unable to, or decides not to, proceed with constructing the project or implementing the asset management program for which the funding is provided within 3 years of the Grant award. 4. The Grant, if repayable, shall be a first budget obligation of the Municipality, and the Municipality is required, if necessary, to levy ad valorem taxes on all taxable property in the Municipality for the payment thereof, subject to applicable constitutional, statutory and Municipality tax rate limitations. 5. The Municipality shall not invest, reinvest or accumulate any moneys deemed to be Grant funds, nor shall it use Grant funds for the general local government administration activities or activities performed by municipal employees that are unrelated to the project. 6. The Authorized Representative is hereby jointly or severally authorized to take any actions necessary to comply with the requirements of the MFA and the DEQ in connection with the issuance of the Grant. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. The Authorized Representative is hereby jointly or severally authorized to execute and deliver such other contracts, certificates, documents, instruments, applications and other papers as may be required by the MFA or the DEQ or as may be otherwise necessary to effect the approval and delivery of the Grant. 7. The Municipality acknowledges that the SAW Grant Agreement is a contract between the Municipality, the MFA and the DEQ. 8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution are rescinded. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE GRANT REVIEW SIGN OFF — Water Resources Commissioner's Office GRANT NAME: 2013 Stormwater, Asset Management and Wastewater (SAW) Grant FI N DING AGENCY: Michigan Department of Environmental Quality (MDEQ) DEPARTMENT CONTACT PERSON: Tim Prince &Tom Maxwell / 858-1069 & 858-0739 STATUS: Grant Acceptance DATE: October 29, 2013 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners, Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. - Laurie Van Pelt (10/21/2013) Department of Human Resources: Approved. - Karen Jones (10/21/2013) Risk Management ^nd Safety: Approved by Risk. Management. - Robert Erlenbeck (10/22/2013) Corporation Counsel: Since this is the grant application stage I recommend the application be submitted. The grant has two outstanding legal issues that this office will attempt to resolve with the DEQ should the County be awarded a grant. The primary issue of concern is the requirement that the County be responsible for the actions of its subcontractor. Municipalities in Michigan lack authority to do so. Most of the granting department with the state of Michigan recognize that legal fact in their grants. Based on previous experience with the DEQ, I am concerned the subcontractor issue will not be resolved. We requested changes for this grant, which were denied by the DEQ. We will ask the DEQ for reconsideration. The County can possibly mitigate potential liability for the subcontractor through the County's contract with the subcontractor. - Joellen Shortley (10/29/2013) htt-pi/Avwvs'.le^islature.n e=mc]~Aci-453-Qf-1976 Michigan Persons with Disabilities Civil Rights Act - "Act 220 of 1976" http;//www.legislature.nii.gov/(nQ31xgel.tm.ri5z55z2uiwv45)/mileg.aspx?page=getobiect&ob]ectname=m cl-Act-220-of-1976&auerYid=14718589 Natural Resources and Environmental Protection Act - "Act 451 of 1994" lit^://www.legislatiiTe.iiii.gQv/rS(,reto3p551dp2zqyiQioqhlev')Vmiles.ast)x'?page-GetObiect&obiectiiaiTie ^mcl-Act-451 -o:P-1994 PA 511 of 2012 http://www.legislature.nii. gov/dQCuments/2011 -2012/publicact/pdf/2012-P A-0511 .pdf Shared Credit Rating Act - "Act 227 of 1985" http://www.legislature.nii. gov/fSCzwfl. af55lwwliiicpzavwq55)1/niileg.aspx?t)age=getobiect&obiectname =mcl-act-227-of-1985&quervid=6437282&highliRht Open Meetings Act - "Act 267 of 1976" http://www.legislature.mi.gov/(S(hbwtob45dv352u453tsr4g55Wmileg.aspx?page=GetObiecl&obiectnam g=mcl-Act-267-of-1976 State.Contracts with Certain Employers Prohibited - "Act 278 of 1980" http://www.legislatiir~e.mi. gov/(S03inuy4Si5halx45elt5xli55')ymileg.aspx?page=<jetObiect&obiectname =mci-Act~278-of-1980 Lobbyists, Lobbing Agents, and Lobbying Activities - "Act 472 of 1978" http://www.legj slamre.mi.gov/[,Sfcx^pr45zs21£3550ailihd2c1Viiiileg.aspx?pa.ge-getobiect&obiectoame -mcl-4-415 Iran Economic Sanctions Act - "Act 517 of 2012" http://www.legislature.mi. gov/('S(a3arpo2dacvrxvaoglipknis45)ymileg.aspx?page^getObiect&obiectNam e-md-129-312 45 CFR 1185 http://www.giX). gov/fdsvs/pkg/CFR-1996-title45-vol3/pdf/CFR-1996-title45-vol3-part2490,pdi. SAW GRANT APPLICATION Rick Snyder, Governor Michigan Department of Environmental Quality (DEQ) Dan Wyant, Director http ://www.michigan.gov/deq Michigan Department of Treasury Michigan Finance Authority ( Authority) Andy Dillon, State Treasurer http ://www.michi gan.gov/treasury Department of Treasury Michigan Finance Authority Joseph Fielek, Executive Direcior PO Box 15128 Lansing, Michigan 48901 517-335-0994 Richard H. Austin Building l3' Floor 430 West Allegan Street Lansing, Michigan 48922 Completion of this application is mandatory for the applicant to be considered for SAW Grant Program assistance. Printed under the authority of Parts 52 and 53, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. October 8, 2013 Administered by: Department of Environmental Quality Office of Drinking Water and Municipal Assistance Revolving Loan Section Sonya T. Butler, Chief Mailing Addresses: PO Box 30241 Lansing, Michigan 48909 517-284-5433 Deliveiy Addresses: Constitution Hall 4t]l Floor South 525 West Allegan Street Lansing, Michigan 48933 SAW Grant Application Instructions Project information: This portion of the grant application needs to be completed and returned with one or more of the grant activities noted in the appendices below. Authorizing Resolution: The resolution must be signed and dated. Submit the resolution with the project information noted above. Sample Grant Agreement: A sample of the grant agreement must accompany the resolution. Appendices: Provide complete information as noted in the Appendix that corresponds to the proposed project. Each Appendix contains guidance on eligibility and general information related to the grant activity. • Appendix A: Wastewater Planning, Design and User Charge Activities • Appendix B: Planning and/or Design of Stormwater and/or Nonpoint Source of Water Pollution « Appendix C: Asset Management Plan for Stormwater and Wastewater • Appendix D: Stormwater Management Plan • Appendix E: SAW Innovative Wastewater and Stormwater Technology • Appendix F: Disadvantaged Community Status Determination Worksheet Appendix C and Appendix E will require a separate certification within 3 years of the grant award confirming that grant activities have been completed. The certification fonns can be found at: www.michigan.gov/cleanwaten-evolvingfund (select Forms and Guidance). A hard copy of the grant application must be submitted to the DEQ, Grant applications may be submitted at any time beginning December 2,2013, Grant awards will be issued quarterly based on the date an application is administratively complete, until available SAW funding had been exhausted. 1 Rev. OctoberS, 2013 PROJECT INFORMATION Project Name and County Water Resources Commissioner's Office. Oakland County A. Legal Name of Applicant The County of Oakland The legal name of the applicant may be different from the name of the project. For example, a county may be the legal applicant, while the project may be named for the particular village or township it will ser\>e. If applicant is not a City/County/Township/Village, provide Authorizing Statute to qualify as a municipality. ... B. Mailing Address of Applicant Street, P.O. Box 1200 N Telegraph Road City, State & Zip Pontiac, Ml 48341 Coiinty(s) project is located in Oakland Comity 248-8584000 „ - — — (Area Code and Telephone Number) C. Designated Contacts for this Project 1. Authorized Representative (Name below must match the person named in the resolution) Name Michael Gingell Title The County of Oakland Board of Commissioner's Chairperson Street, P.O. Box 1200 North Telegraph —_ City, State & Zip Pontiac. Ml 48341 —— 248-858-1000 — (Area Code and Telephone Number) (E-mail Address) 2. Applicant's Financial Advisor Name John Axe / Meredith A. Shank Firm Municipal Financial Consultants Street, P.O. Box 21 Kercheval, Suite 360 City, State & Zip Grosse Pointe Farms. Ml 48236 313-884-9824 (Area Code and Telephone Number) (E-mail Address) 3. Applicant's Consulting Engineer (if applicable) Name Dan Mitchell. P.k. Firm Hubbell. Roth) & Clark. Inc. Street, P.O. Box 555 Hulet Drive., PO Box 824 City. State & Zip Bloorniield Hills, Ml 48303-0824 , 248-454-6300 dmitchellto.hrc-engr.com (Area Code and Telephone Number) (E-mail Address) i ohna@mfci.coni THf-; FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETVPED, OR CONVERTED TO ANY OTHER FORMAT. 2 Rev. October 8, 2013 4. Primary Contact (if different than authorized representative) Name Tom Maxwell 248.858.0739 Title Project Engineer niaxwellt@oakgov.com (Area Code and Telephone Number)(E-mail Address) D Disclosure of Conditions Requiring Repayment of Grant The intent of the SAW Grant Program is to accelerate the statewide use of asset management planning practices as well as improve water quality. It is expected that SAW grant wastewater or stormwater recipients will implement the necessary construction for which grant funding was provided for any planning, design, and/or user charge grants. SAW grant recipients for wastewater system asset management plans are required to make significant progress (as defined in Appendix C) on the funding structure. Stormwater Asset Management Plan (AMP) recipients are required to implement the plan (as defined in Appendix C). Stormwater management grant recipients must develop a stormwater management plan. An innovative technology grant recipient must proceed with the project if testing and demonstration show that the water quality issue may be successfully and feasibly addressed with full scale implementation. Consistent with this intent and provisions of Part 52 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended: "(a) A grant recipient (shall) proceed with a project for which grant funding is provided within 3 years after the department approves the grant (executed grant agreement). For asset management programs related to sewage collection and treatment systems, this includes significant progress, as determined by the department, toward achieving the funding structure necessary to implement the program, (b) The grant recipient (shall) repay the grant, within 90 days of being informed to do so, with interest at a rate not to exceed 8 percent per year, to the Authority for deposit into the fund if the applicant is unable to, or decides not to, proceed with a construction project or begin implementation of an asset management program for which grant funding is provided." E. Project Need and Proposed Scope of Work In order to improve water quality, the applicant can seek SAW Grant Program assistance to cover . the costs of: 1) planning, design, and/or user charge of a wastewater or stormwater system; 2) asset management for a wastewater and/or stormwater system; 3) a stormwater management plan: and 4) innovative wastewater and stormwater technologies. Details for establishing project need for each of these categories can be found in the appendices. Describe the specific activities you will fund with SAW grant assistance. Describe the system deficiencies and/or water quality problems you want to evaluate/address: (Attach additional pages as necessary.) See Attachment for Item E F. Ownership of System Facilities or Assets Is the legal entity that owns the system facilities or assets described in the proposed scope of work the same as the legal name of the applicant (see Item A)? 13 YES ÿ NO the FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY other format. 3 Rev. October 8, 2013 If NO, has the applicant obtained the necessary legal documentation delegating the applicant as an agent of the owner who has the authority for implementing the activities associated with the proposed scope of work at the direction of the owner? (Certification of this legal relationship must be provided prior to the apphcant receiving SAW grant assistance. The applicant must have the authority to establish a rate structure necessary to demonstrate significant progress with implementing a wastewater asset management plan if applicable. Note that a rate structure is not required for a stormwater asset management grant.) ÿ YES ÿ NO G. Funding Source for Associated Construction (if applicable) If the proposed scope of work for SAW grant assistance will result in subsequent construction, then identify the anticipated funding source(s) for the construction. SAW ÿ SRF ÿ SWQIF ÿ Rural Development ÿ Other (explain) N/A The apphcant intends to seek SAW, SRF, and/or SWQIF loan(s) to construct the proposed project in fiscal year N/A (an October 1st to September 30th fiscal year). If construction financing is anticipated to come from a source other than SAW, SRF and/or SWQIF, identify the proposed construction year(s): N/A H. SAW Grant Agreement Period Start date of grant-funded tasks: January 2013 (month/year). May include services rendered on or after January 2, 2013, the effective date of the SAW program legislation. Estimated date for completion of all grant-funded tasks: April 2017 (month/year). Must be completed within 3 years of executed grant. L Does this project have an associated SRF/SWQIF loan or S2 grant(s)? If so, indicate the project number(s) below: S2 Grant Project # N/A SRF Loan Project # N/A ¦ SWQIF Loan Project # N/A J. Is the applicant in receivership? ÿ YES 0NO Is the applicant operating under an emergency manager or an emergency financial manager appointed under state law? ÿ YES EI NO Is the applicant operating under a consent agreement as provided under the local government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to 141.1291? YES 0 NO If a disadvantaged community status determination is being requested, then complete and submit the worksheet in Appendix F. Communities considered disadvantaged by the DEQ can be awarded up to $500,000 in grant funds to construct projects identified in an asset management plan. "f HC FORM WILL NOT BE ACCEPTKD IF IT HAS BEEN EDITED. OTHER FORMAT.4 A! ,1'ER.ED. RETYPED, OR CXWERTED TO AN V Rev. Oclober 8, 2013 K. Project Cost Worksheet Read the mstractions below before completing the Project Cost Worksheet. Grant Budget Item Incurred Project Costs A Estimated Project CostsB Cost Supporting Documents Attached? Total Project Costs A+B 1. Project Planning Costs YES 2. Design Engineering Costs YES 3. User Charge System Development Costs YES 4. Wastewater Asset Management Plan Costs $2,100,000 0 YES $2,100,000 5. Stormwater Asset Management Plan Costs $100,000 0 YES $100,000 6. Stormwater Management Plan Costs $150,000 0 YES $150,000 7. Innovative Wastewater and Stormwater Technoloev Costs YES 8. Disadvantaged Community Construction Cost ¦ YES 9. Cost Subtotal $2,350,000 10. LESS Local Match $350,000 i 1. Requested SAW Grant Amount (Line 9 minus Line 10)$2,000,000 1. Entering Cost Figures To complete the Project Cost Worksheet, enter costs incurred to date in the first column and estimated costs in the second column. Use whole dollar amounts for all entries. A budget line item may have costs entered in each column; however, the entries must accurately reflect the division between incurred costs and estimated (i.e., the costs in the second column must not be a cumulative total but are to represent the balance of costs not yet incurred). 2. Supporting Documentation Documentation must be attached to your application to support the costs included on the Project Cost Worksheet: Validate by checking the box in the third column on each requested line item. & For incurred costs, adequate supporting documentation means executed contract; an invoice: proof of billing or payment for each cost for which grant assistance is being sought (e.g., copies of the monthly invoices from your consulting engineer, timesheet/payroll records showing hours worked and work performed). • For estimated costs, adequate supporting documentation means an engineer's estimate; a letter, or email from a vendor detailing the services to be rendered and their costs; or a ledger of anticipated billable force account hours, employee rates, and classifications. 3. Executed Contracts (required for reimbursement, not required for grant application) A contract between the applicant and the vendor must be executed for each service that has been or is to be rendered if the cost of such service is greater than $50,000. An executed the form will not be accepted if it has been edited, altered, retyped, or converted to any other format.5 Rev. October 8, 2013 copy of each contract, with a clear identification of the scope of the service(s) and a contract period, must be submitted prior to reimbursements of costs. 4, Line-By-Line Completion Guidance In addition to the costs described below, costs eligible for SAW grant assistance include: those incurred for services rendered on or after January 2, 2013; for services to prepare this grant application; and for activities performed by the applicant's employees that are directly related to the project. These incurred costs or cost estimates should be placed under the applicable budget lines. Line 1 - Project Planning Costs The costs associated with project planning activities and preparation of required planning documents. Refer to Appendix A or B. Line 2 - Design Engineering Costs The costs associated with engineering design and preparation of design required documents. Bidding phase services, including construction staking, are not eligible for SAW grant assistance. Refer to Appendix A or B. Line 3 - User Charge System Development Costs - The costs associated with developing or updating the applicant's system of rates and user charges to cover the costs of project construction, operation, and maintenance as part of a planning or design grant. The costs to develop, amend, and pass sewer use ordinances, and prepare or revise intermunicipal service agreements necessary for construction of the proposed project are also eligible for reimbursement. Refer to Appendix A or B. Line 4 - Wastewater Asset Management Plan Costs The costs associated with developing a wastewater asset management plan. Only those components addressing wastewater assets are eligible (e.g., costs associated with conducting an asset inventory of other utilities cannot be included). Refer to Appendix C. Line 5 - Stormwater Asset Management Plan Costs The costs associated with the development of a stormwater asset management plan. SAW grant assistance is available for the development of an asset management plan for both open and enclosed storm sewer systems. Open drainage systems that are deemed surface waters of the state are not eligible for assistance to develop a stormwater asset management plan. Refer to Appendix C. Line 6 - Stormwater Management Plan Costs The costs associated with the development of a stormwater management plan. SAW grant assistance is available for the development of plans intended to address water quality problems from MS4 permitted stormwater systems and unpermitted stonnwater mnoff and nonpoint sources of pollution. Refer to the Stonnwater Management Plan guidance and Appendix D for infonnation on eligible plans and planning activities. Line 7 - Innovative Wastewater and Stonnwater Technology Costs The costs associated with testing and demonstrating the practical use of technology to address a water quality issue. The cost of the technology is not eligible for SAW grant assistance. Refer to Appendix E. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED. ALTERED, RETYPED, OR CONVERTED TO any other format. 6 Rev. Ociober 8, 20!3 Line 8 — Disadvantaged Community Construction Cost The construction costs associated with a project identified in an asset management plan. The costs cannot exceed $500,000. This is only available to communities identified as "disadvantaged." See Appendix F. Line 10 - Required Local Match SAW grant assistance is limited to $2 million per community with a 10-percent local match for the first million and a 25-percent local match for the second million. Applicants who responded "Yes" to any of the questions under Section J of this application or whose community status is determined as disadvantaged by the DEQ are not required to provide a local match. L. Covenants and Certifications The applicant must abide by all of the covenants and certifications enumerated below: 1. The applicant has the legal, managerial, institutional, and financial capability to plan, design, and build the project, or cause the project to be built, and cause all facilities eventually constructed to be adequately operated. 2. The applicant certifies that no undisclosed fact or event, or pending litigation, will materially or adversely affect the project, the prospects for its completion, or the applicant's ability to make timely repayments of the grant if the project does not proceed. 3. The applicant agrees to provide the local match for grant-eligible costs and disburse match funds to service providers concurrent with grant disbursements. 4. The applicant agrees to maintain complete books and records relating to the grant and financial affairs of the project in accordance with generally accepted accounting principles (GAAP) and generally accepted government auditing standards (GAGAS). 5. The applicant agrees that all municipal contracts related to the project will provide that the prime contractor and an)' subcontractor may be subject to a financial audit and must comply with GAAP and GAGAS. 6. The applicant agrees to provide any necessary written authorizations to the DEQ and the Authority for the purpose of examining, reviewing, or auditing the financial records of the project. The applicant also agrees to require similar authorizations from all contractors, consultants, property owners, or agents with which the applicant negotiates an agreement. 7. The applicant agrees that all pertinent records shall be retained and available to the DEQ and the Authority for a minimum of three years and that if litigation, a claim, an appeal, or an audit is begun before the end of the three-year period, records shall be retained and available until the three years have passed or until the action is completed and resolved, whichever is longer. 8. The applicant agrees to ensure that planning and design activities of the project are conducted in compliance with the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; its Administrative Rules; and all applicable state laws, executive orders, regulations, policies, and procedures. 9. The applicant acknowledges that acceptance of a wastewater asset management grant will subsequently affect future NPDES permits to include asset management language as applicable. the form will not be accepted if it has been edited, altered, retyped, or converted to any other format. 7 Rev. October 8. 2013 I certify that I am the authorized representative designated by the municipality, as defined by Section 324.5301(i) of Part 53 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, that will receive the grant for this project and that the application information being submitted is complete and accurate to the best of my knowledge, I further certify that The County of Oakland Board of Commissioner's Chairperson (legal name of applicant) agrees to and will abide by the covenants and certifications stipulated above, Michael Gingell, Name and Title of Authorized Representative (Please Print or Type) Signature of Authorized Representative (Original Signature Required) Date Required Documents The following documents must be submitted with this application. This grant application will be deemed incomplete if the required documents are not attached. (1) Authorizing Resolution. An adopted and certified copy of the attached standard resolution, including the SAW Grant Agreement boilerplate marked SAMPLE, must be attached. (2) Application Information. The proposed scope of work must be supported by the additional information required under Section E on page 3. (3) Cost Support Documentation. All requested costs must be supported with documentation consistent with the instructions on pages 5-7. (4) All of the required information listed in each of the applicable appendices must be provided. Please return the application and the specified attachments to: .REVOLVING LOAN SECTION OFFICE OF DRINKING WATER AND MUNICIPAL ASSISTANCE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY MAILING ADDRESS SURF A CE DELIVER Y ADDRESS P.O. BOX 30241 CONSTITUTION HALL, 4th FLOOR SOUTH LANSING Ml 48909-7741 525 W ALLEGANS STLANSING Ml 48933 Grant Application Received By:Can Expect A Grant Award In:* July 1 October October 1 January January 1 April April 1 July *A hard copy of the grant application must be submitted to the DEQ. Grant application may be submitted at any time beginning December 2, 2013. Grant awards will be issued quarterly based upon the date an application is administratively complete, until available SAW funding has been exhausted. the form will not be accepted IF it has been edited, altered, retyped, or converted to any other format. 8 Rev. October 8, 201 Please Use the Attached Resolution "As Is" (Do Not Substitute Your Own Form) THE FORM WILL NOT BL ACCEPTED IF IT MAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 9 Rev. October 8, 2013 Office of The Water Resources Commissioner County of Oakland Resolution Authorizing the SAW Grant Agreement Minutes of the regular meeting of the of the County of Paid and.,State of Michigan, (the "Municipality") held on PRESENT: Members: ABSENT: Members: Member offered and moved the adoption of the following resolution, seconded by Member . WHEREAS, Part 52 (strategic water quality initiatives) of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended ("Part 52"), provides at MCL 324.5204e that the Michigan Finance Authority (the "MFA") in consultation with the Michigan Department of EnvironmentaJ Quality (the "DEQ") shall establish a strategic water quality initiatives grant program; and WHEREAS, in accordance with the provisions of 2012 PA 511, which provides grants to municipalities for sewage collection and treatment systems or storm water or nonpoint source pollution control; and WHEREAS, in accordance with the provisions of 1985 PA 227, as amended, Part 52, and other applicable provisions of law, the MFA, the DEQ, and the Municipality that is a grant recipient shall enter into a grant agreement (the "SAW Grant Agreement") that requires the Municipality to repay the grant under certain conditions as set forth in MCL 324.5204e, as amended; and WHEREAS, the Municipality does hereby determine it necessary to establish a(n) {select one or more) B asset management plan, 0 stormwater management plan, Dplan for wastewater/ stomrwater, Qdesign of wastewater/stormwater, ÿmiiovaiive technology, or Dfor disadvantaged community construction activities (up to $500,000). WHEREAS, it is the determination of the Municipality that at this time, a grant in the aggregate principal amount not to exceed £2,000,000 ("Grant") be requested from the MFA and the DEQ to pay for the planning and/or design activities; and the form will. not be accepted if st has been edited. altered, retyped. or converted to any other format. 10 ftev- October 8, 2013 WHEREAS, the Municipality shall obtain this Grant by entering into the SAW Grant Agreement with the MFA and the DEQ. NOW, THEREFORE, BE IT RESOLVED THAT: 1. County of OaVland Board of Commissioner's Chairperson (title of the desginee's position), a position currently held by Michael Gingell (name of the designee), is designated as the Authorized Representative for purposes of the SAW Grant Agreement. 2. The proposed form of the SAW Grant Agreement between the Municipality, the MFA and DEQ (attached hereto as Appendix I) is hereby approved and the Authorized Representative is authorized and directed to execute the SAW Grant Agreement with such revisions as are permitted by law and agreed to by the Authorized Representative. 3. The Municipality shall repay the Grant, within 90 days of being informed to do so, with interest at a rate not to exceed 8 percent per year, to the Authority if the Municipality is unable to, or decides not to, proceed with constructing the project or implementing the asset management program for which the funding is provided within 3 years of the Grant award. 4. The Grant, if repayable, shall be a first budget obligation from the general funds of the Municipality, and the Municipality is required, if necessary, to levy ad valorem taxes on all taxable property in the Municipality for the payment thereof, subject to applicable constitutional, statutory and Municipality tax rate limitations. 5. The Municipality shall not invest, reinvest or accumulate any moneys deemed to be Grant funds, nor shall it use Grant funds for the general local government administration activities or activities performed by municipal employees that are unrelated to the project. 6. The Authorized Representative is hereby jointly or severally authorized to take any actions necessary to comply with the requirements of the MFA and the DEQ in connection with the issuance of the Grant. The Authorized Representative is hereby jointly or severally authorized to execute and deliver, such other contracts, certificates, documents, instruments, applications and other papers as may be required by the MFA or the DEQ or as may be otherwise necessary to effect the approval and delivery of the Grant. 7. The Municipality acknowledges that the SAW Grant Agreement is a contract between the Municipality, the MFA and the DEQ. 8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution are rescinded. THE FORM WILl. NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED. OR CONVERTED TO ANY OTHER FORMAT. 11 Rev. October 8, 2013 YEAS: Members: NAYS: Members: RESOLUTION DECLARED ADOPTED I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the of the of County of Oakland, said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Name of > Clerk .of County of THE FORM WILL NOT BE ACCEPTED IP IT HAS BEEN EDITED. ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 12 Rev. October 8, 2013 Michigan Finance Authority Stormwater, Asset Management, and Wastewater (SAW)GRANT AGREEMENT This Grant Agreement ("Agreement") is made as of 20 , among the Michigan Department of Environmental Quality, Office of Drinking Water and Municipal-Assistance (the "DEQ"), the Michigan Finance Authority (the "Authority") (the DEQ and the Authority ar&'collectively, the "State") and , County of " ("Grantee") in consideration for providing grant assistance to the Grantee. The purpose of this Agreement is to provide funding for the project named betaw.-rthe State is authorized to provide grant assistance pursuant to the Natural Resources and Environmentai pfotection Act, .1994 PA 451, as amended. Legislative appropriation of funds for grant disclosure is set forth in .2013 Public Act 59. The Grantee shall be required to repay the grant made under this Agreemeht;(the "Grant"), within 90 days of being informed by the State to do so; under certain conditions, as set forth in Section XVIII. Program Specific Requirements: SAW Grant. Award of a Grant under this Agreement and completion of the activities identifieBin Exhibit A does not guarantee loan assistance from the State Revolving Fund, Strategic Water Quality Initiatives Fund, or Stormwater, Asset Management or Wastewater. '"V-v-. GRANTEE INFORMATION: GRANT INFORMATION: Project Name: Name/Title of Authorized Representative • ' . . Project#: Address • Amount of Grant: $ Address •' Amount of Match $i Telephone.number . ; Project Total S_ (grant plus match) E-mait address Start Date: End Date: DEQ REPRESENTATIVE:AUTHORITY REPRESENTATIVE: Name/Title Name/Title Address Address Address Address Telephone number Telephone number E-mail address E-mail address the FORM WILL not BE acchpted IF IT J IAS bken EDITED,' altered, retyped, OR CONVERTED to ANY other format. 13 Rev. October 8, 2013 The individuals signing beiow certify by their signatures that they are authorized to sign this Grant Agreement on behalf of their respective parties, and that the parties will fulfill the terms of this Agreement, including the attached Exhibit A, and use this Grant only as set forth in this Agreement. GRANTEE Signature of Grantee Date Name and title (typed or printed) MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY Its Authorized Officer ''^Date MICHIGAN FINANCE AUTHORITY Its Authorized Officer Date I. PROJECT SCOPE This Agreement shall be in addition7'to. any other contractual undertaking by the Grantee contained in the Resolution authorizing the Grant (the "Resolution"). This Agreement, including, its exhibit^ constitufethe entire agreement between the DEQ, the Authority, and the Grantee. . (A) The-scope of this Grant is limitedrto the activities specified in Exhibit A (the "Project"), and such activities as are authorized by the State under this Agreement. Any change in project scope requires prior written approval in accordance with Section III, Changes, in this Agreement :. ¦ (B) By acceptance of this Agreement, the Grantee commits to complete the Project identified in Exhibit A within the time period allowed for in this Agreement and in accordance with the terms and conditions of this Agreement. II. AGREEMENT PERIOD This Agreement shali take effect on the date that it has been signed by all parties (the "Effective Date"). The Grantee shali complete the Project in accordance with all the terms and conditions specified in this Agreement no later than the End Date shown on page one. Only costs incurred on or after January 2, 2013 and between the Start Date and the End Date shall be eligible for payment under this Grant, THE FORM WILL NOT BE OTHER FORMAT. ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY 14 Rev. Octobers, 2013 HI. CHANGES Any decreases in the amount of the Grantee's compensation, significant changes to the Project, or extension of the End Date, shal! be requested by the Grantee in writing, and approved in writing by the State in advance. The State reserves the right to deny requests for changes to the Agreement including its Exhibit A. No changes can be implemented without approvai by the State. IV. GRANTEE PAYMENTS AND REPORTING REQUIREMENTS The Grantee shall meet the reporting requirements specified in Section XVIII of this Agreement. 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 theptdfessiona! quality, technical accuracy, timely completion, and coordination of all designs, drawings, specifications, reports, and other services furnished by its subcontractors, under.this Agreement. The State will consider the Grantee to be the sole point of contact concerning contractual matters, including payment resulting from this Grant. The: Grantee or its subcontractor shall, without additional grant award, correct or revise any errors, omissions, or other deficiencies in designs, drawings, specifications, reports, or other services. . (E) The DEQ'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 DEQ's review, approval, acceptance, or payment for any of the services shall.not be construed as a waiver of any rights under this Agreement or of .any cause of action arising out of the performance of this Agreement. (F) The Grantee acknowledges that it is a crime to knowingly and willfully file false information with the State for the purpose of obtaining this Agreement or any payment under the Agreement, 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. ASSIGNABILITY The Grantee shall not assign this Agreement or assign or delegate any of its duties or obligations under this Agreement 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. Tilb form WILL NOT be ACCEPTED if IT has BEEN EDITED. ALTERED, RETYPED, OR CONVERTED to ANY OTHER FORMAT. 15 Rev. October 8, 2013 VII. 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 ef 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 Agreement, 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 Agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of this Agreement. VIII. UNFAIR LABOR PRACTICES The Grantee shall comply with the Employers Engaging in Unfair Laboilractices Act, 1980 PA 278, as amended, MCL 423.321 et seq. i'-i- IX. 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 Agreement, if the liability is caused by the Grantee, any subcontractor, or anyone.:employed by therGrantee. (B) All liability as a result of claims, demands'^xiosts, or jldgments arising out of activities to be carried out by the State in the performance of this Agreement is the responsibility of the State and not the responsibility of the Grantee if the liability is materially caused by any State employee or agent. ¦¦ . .v . (C) In the event that liabiiity arises as a result of activities conducted jointly by the Grantee and the State in fulfillm^h'ft^tttieir responsibilities under this Agreement, such liability is held by the Grantee and the State, in relation to eactuparty's responsibilities under these joint activities. (D) Nothing in this Agreement should be construed as a waiver of any governmental immunity by the.Grantee, the State, itsagencies, or their employees as provided by statute or court decisions. X. CONFLICT OF INTEREST No government employee or member of the legislative, judicial, or executive branches or member of the Grantee's governing body, its employees, partner, agencies or their families shall have benefit financially from any part of this Agreement. XL AUDIT AND ACCESS TO RECORDS See Section XVI11 fC). XII. INSURANCE (A) The Grantee shall maintain insurance or self insurance that will protect it from claims that may arise from the Grantee's actions under this Agreement or from the actions of others for whom the Grantee may be held liable. THE FORM will NOT BE accepted IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 16 Rev. October 8, 20] 3 (B) The Grantee must comply with applicant workers' compensation laws while engaging in activities authorized under this Agreement. XIII. OTHER SOURCES OF FUNDING The Grantee guarantees that any claims for reimbursement made to the State under this Agreement shall not be financed by any source other than the State under the terms of this Agreement. 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. XIV. COIVIPENSATION r# (A) A breakdown of Project costs covered under this Agreement is identified in Exhibit A. The State will pay the Grantee a total amount not to exceed the amount on page one of this Agreement, in accordance with Exhibit A, and only for expenses incurred. All other costs over and above the Grant amount, necessary to complete-the Project, are the sole responsibility of the Grantee. ¦ .v'. .iH'- (B) The Grantee is committed to the match amount on page one of this Agreement, in accordance with Exhibit A. The Grantee shall expend ilNocal match committed to the .Project by the End Date of this Agreement. (C) The State will approve payment requests after approval of reports and related documentation as required under this Agreement. . ; . v.,: (D) The State reserves the right to request additional information necessary to substantiate payment requests. " r.-; .. XV. CLOSEOUT (A) A determination of Project completion shall be made by the DEQ after the Grantee has met any match obligations and satisfactorily compieted the activities and provided products and deliverables described in Exhibit A. (B) Upon issuance of final payment from the State, the Grantee releases the State of all claims against the State arisingrunder this Agreement. Unless otherwise provided in this Agreement or by State law, final payment under this Agreement shali not constitute a waiver of the State's claims against the -Grantee, (C) The Grantee shall immediately refund to the State any payments or funds in excess of the costs allowed by this Agreement. XVI. CANCELLATION This Agreement may be canceled by the State, upon 30 days written notice, due to Executive Order, budgetary reduction, or other lack of funding upon request by 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 Agreement. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED. OR CONVERTED TO ANY OTHER FORMAT 17 Rev. October 8, 20 J 5 XVII. TERMINATION (A) This Agreement may also be terminated by the State for any of the following reasons upon 30 days written notice to the Grantee: (1) If the Grantee fails to comply with the terms and conditions of the Agreement or with the requirements of the authorizing legislation cited on page 1 or the rules promulgated thereunder, or with other applicable law or rules. (2) If the Grantee knowingly and willfully presents false information to the State for the purpose of obtaining this Agreement or any payment under this Agreement. (3) 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 aaf. 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 Agreement: (4) During the 30-day written notice period, the State shall also withhold payment for any findings under subparagraphs 1 through 3, above,.... (5)' If "the' Grantee-or any subcontractor, manufacturer, or supplier of the.,Grantee appears in the register of persons engaging in unfair labor, practiceslhat is compiled by the Michigan Department of Licensing and RegulatoryrAffairs or,its suceessor. (B) The State may immediately terminate this A without further liability if the Grantee, or any agent of the Grantee, or any agent of any subagree.ment, is: (1) Convicted of a criminal offense incident to the. application for or performance of a state, public, or private contract or subcontract; ' (2) Convicted^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,1:-...,. (3); Convicted understati'or federaTantitrust statutes; (4) Convicted of any other criminal offense which, in the sole discretion of the State, reflects on the Grantee's business integrity; or (C) If a grant is terminated, the State reserves the right to require the Grantee to repay ail or a portion of funds received "under this Agreement XVIII. PROGRAM-SPECIFIC REQUIREMENTS: SAW REPAYABLE GRANT (A) General Representations. The Grantee represents and warrants to, and agrees with, the Authority and DEQ, as of the date hereof as follows: (1) Grant funds shal! be expended only to cover costs for the development of an Asset Management Plan, Stormwater Management Plan, innovative wastewater or stormwater technology, construction costs for disadvantaged communities, or for planning, design and user charge development. THE FORM WILL NOT BE ACCEPTED TP IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 18 Rev. October 8, 201 (2) Grant funds used for administrative activities or activities performed by municipal employees shall be limited to work that is directly related to the Project and is conducted by employees of the Grantee. (3) The Grantee has full legal right, power and authority to execute this Agreement, and to consummate all transactions contemplated by this Agreement, the Resolution, and any and all other agreements relating thereto. The Grantee has duly authorized and approved the execution and delivery of this Agreement, the performance by the Grantee of its obligations contained in this Agreement, and this Agreement is a valid, legally binding action of the Grantee, enforceable in accordance with the terms thereof except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting the rights of creditors generally, and by principles of equity if equitable remedies are sought. (4) The Resolution has been duly adopted by the Grantee- acting through its executive(s) or governing body, is in full force and effect as of the date hereof, and is a valid, legally binding action of the Grantee, enforceable in accordance with the terms thereof, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting the rights of creditors generally, and by principles.,.of equity if equitable remedies are SOUght. \ (5) The execution and delivery of this Agreement by the Grantee, and the fulfillment of the terms and conditions of, and the carrying out of the transactions contemplated by the Resolution and this Agreement do not and will not .conflict with,,or constitute on theipart of the Grantee a breach of, or a default under any existing.:law (including, without limitation, the Michigan Constitution), any court or administrative regulation, decree or order or any agreement, indenture, mortgage, obligation, lease or other instrument .to which the Grantee is subject or by which it is bound and which-breach or default would materially affect the validity or binding effect of the Grant, or result in a default or lien on any assets of the Grantee. No event has occurred or is continuing which with the lapse of time or the giving of notice, or both, would constitute a default by the Grantee under the .Resolution or this Agreement. (6) No consent or approval of, or/registration or declaration with, or permit from, any federal, state or other governmental body-or instrumentality, is or was required in connection with enactment by the Grantee of the Resolution, or execution and delivery by the Grantee of this Agreement which has not already been obtained, nor is any further election or referendum of voters required in connection therewith which has not already been held and certified and all applicable referendum periods have expired. (7) Proceeds of the Grant will be applied (i) to the financing of the Project or a portion thereof as set forth in the^Resolution and Exhibit A or (ii) to reimburse the Grantee for a portion of the cost of the Project. The Grantee will expend the proceeds of each disbursement of the Grant for the governmental purpose for which the Grant was issued. (8) The attached Exhibit A contains a summary of the estimated cost of the Project, which the Grantee certifies is a reasonable and accurate estimate. (9) The Grantee reasonably expects (i) to fulfill all conditions set forth in this Agreement to receive and to keep the Grant, and (ii) that no event will occur as set forth in this Agreement which will require the Grantee to repay the Grant. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED. ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 19 Rev. October S, 2013 (B) Repayment of Grant. The Grantee shall repay the Grant, within 90 days of being informed to do so, with interest calculated from the date Grant funds are first drawn at a rate not to exceed 8% per year, to be determined by the Authority, to the Authority for deposit into the SWQIF. "(a) A grant recipient (shall) proceed with a project for which grant funding is provided within 3 years after the department approves the grant (executed grant agreement). For asset management programs related to sewage collection and treatment systems, this includes significant progress, as determined by the department, toward achieving the funding structure necessary to implement the program. (b) The grant recipient (shall) repay the grant, within 90 days ot being informed to do so, with interest at a rate not to exceed 8 percent per year, to the Authority for deposit into the fund if the applicant is unable to, or decides not to, proceed with a construction project or begin implementation of an asset management program for which grant funding is provided." SAW grant recipients for wastewater system asseimanag^fent plans are required to make significant progress on the funding structure. Siglifieirtt:progress is defined as a^-yeai plan to eliminated the gap with a minimum initial rate increase to -close at least 10 percent of the funding gap. The first rate increase must be implemented within three years of the executed grant. The applicant will need to certify that all grant activities have been completed at the end of three years, Asset management plans for stormwa®i^tems ara.toi)© implemented r Stormwater management grant recipients must develop ^a .stormwater management plan. Innovative project grant receipients must proceed with full iii^lemiBtation or certify that the project is not financially or technically feasible. •¦h;.. . (C) Covenants and Certifications. (1) The Grantee has the legal, manageria!,.institutional, and financial capability to plan, design, and build the'Rroject, or caUseihe Proje'ctto be built, and cause all facilities eventually constructed to be adequately operated. . (2)Grantee certifies..that'no.undisclosed fact or event, or pending litigation, will materially or adversely aWecfthe Projfedfthe prospects for its completion, or the Grantee's ability to make timely repayments of the grant if any of the two (2) conditions identified under Section XVIil(B) occur. :- (3) The Grantee agrees to provide the minimum appropriate local match for grant-eligible costs and disburse match funds to service providers concurrent with grant disbursements. (4) The Grantee, agrees to maintain complete books and records relating to the grant and financial affairs of the Project in accordance with generally accepted accounting principles ("GAAP") and generally accepted government auditing standards ("GAGAS"). (5) The Grantee agrees that all municipal contracts related to the Project will provide that the contractor and any subcontractor may be subject to a financial audit and must comply with GAAP and GAGAS. (6) The Grantee agrees to provide any necessary written authorizations to the DEQ and the Authority for the purpose of examining, reviewing, or auditing the financial records of the Project. The applicant also agrees to require similar authorizations from all contractors, consultants, property owners or agents with which the applicant negotiates an agreement. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 20 -ftev. October 8, 2013 (7) The Grantee agrees that all pertinent records shall be retained and available to the DEQ and the Authority for a minimum of three years after satisfactory completion of the Project and final payment. If litigation, a claim, an appeal, or an audit is begun before the end of the three-year period, records shall be retained and available until the three years have passed or until the action is completed and resolved, whichever is longer. (8) The Grantee agrees to ensure that planning and design activities of the Project are conducted in compliance with the requirements of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, its Administrative Rules; and all applicable state and federal laws, executive orders, regulations, policies, and procedures,,. (9) The Grantee agrees that the Project shall proceed in a timely fashion and will exercise its best efforts to satisfy the program requirements as identified-under Section XVIII(B) within three years of award of the SAW Grant from the Strategic Water Quality Initiatives Fund in accordance with Section 5204(e) of the Natural Resources and Environrriehtal Protection Act 1994, PA 451, as amended. (10) The Grantee acknowledges that acceptance of ^-wastewater assetmanagement grant will subsequently affect future NPDES permits to include asset management language as applicable, (D) Grantee Reimbursements and Deliverables The Grantee may request grant disbursements no moreirequently than monthly, using the Disbursement Request Form provided by the DEQ. Upon receipt of a disbursement request, the DEQ will notify the Authority, which will:in turn disburse grant funds equal to 75 percent, 90 percent, or 100 percent of eligible costs, whichever percentage is applicable, that have been adequately documented. The forms provided by the State will include instructions on their use and shall be submitted to the DEQ representative at the address on page 1. All required supporting documentation (invoices) for expenses must be included with the disbursement request form. The Grantee is responsible for the final submittal of all documents prepared under this Grant and.induclBd.in the Project Scope identified in Exhibit A. (E) Miscellaneous Provisions.- - fT^Annlicable Law and Nonassignability. This Agreement shall be governed by the laws of the State of Michigan (2) Severability. If any clause, provision or section of this Agreement be ruled invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections. (3) Execution of Counterparts. This Agreement may be executed in several counterparts each of which shall be regarded as an original and all of which shall constitute one and the same document. XIX. USE OF MATERIAL Unless otherwise specified in this Agreement, the Grantee may release information or material developed under this Agreement, provided it is acknowledged that the DEQ funded all or a portion of its development. the form will other forma! not BE ACCEPTED if IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY 21 Rev. October 8, 2013 XX. 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 Agreement. Further, the State will consider the Grantee to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be subject to the provisions of this Agreement and shall be qualified to perform the duties required. XXI. ANTI-LOBBYING If all or a portion of this Agreement is funded with state funds, then the Grantee shall not use any of the grant funds awarded in this Agreement 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 m 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 Agreement for the purpose of litigation against the State. Further, the Grantee sha]i requfethat language of this assurance be included in the award documents of all subawards at all tiers. . XXII. IRAN SANCTIONS ACT g;, ^ _ By signing this Agreement, the Grantee is.certifyihg that it is not an Iran'"linked business, and that its contractors are not Iran linked businesses as outlined in Michigan Compiled Law 129.312 XXIH. DEBARMENT ANDSUSPENSION By signing this Agreement, the'"Gr^tei:'bertifi6g:.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 B-year period -preceding this Agreement 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 3-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. (5) Will comply with ali applicable requirements of all other state or federal laws, executive orders, regulations, and policies governing this program. THE FORM WILL NOT BE ACCEPTED IF OTHER FORMAT. IT HAS BEEN EDITED. ALTERED, RETYPED, OR CONVERTED TO ANY 22 Rev. OcioberS, 2013 SAW Grant Program Exhibit A Project No. Grantee: Project Name: — DEQ Approved Grant Amount: $ ; Dollars Time Period for Eiigibie Costs: Start Date ^. (month/year) End Date ^' (month/year) . Description of Approved Project Scope: DEQ Approved Project Costs 1. Project Planning Costs .... 2. Design Engineering Costs - . . •. 3. User Charge Development.Costs 4. Wastewater Asset Management Plan Costs 5. Stormwater Asset Management Plan .Costs 6. Stormwater Management Plan-Costs 7. Innovative Wastewater and Stormwater Technology Costs 8, Disadvantaged Community Gonstruction Cost 9. Cost Subtotal 10. LESS Local Match 11. Requested SAW Grant Amount (Line 9 minus Line 1 ()) The following services have been determined to be ineligible for SAW Grant assistance, for the reasons listed, and have been excluded from the approved project costs shown above: THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED. ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT.23 Rev. Ociober 8, 2013 APPENDIX A Wastewater Planning and Design Activities i Note: User Charge Development Costs can be included in either a planning or design grant. Planning Grant Requirements Applicants intending to fund projects through USDA Rural Development are required to develop a Preliminary Engineering Report and an Environmental Report per Rural Development guidelines. Applicants intending to fund projects through a SAW loan or other funding source are required to develop a project proposal in accordance with the guidance below. Applicants intending to fund projects through an SRP or SWQIF loan are required to develop a project plan in accordance with the Project Plan Preparation Guidance (http://www.rmchigan.gov/documents/deq/dea-ess-mfs-formsguidance- SRfrrosguide 249032 7.dof). Design Grant Requirements • • All applicants are required to develop and submit plans and specifications suitable for bidding. Applicants intending to fund projects through USDA Rural Development are required to submit a Preliminary Engineering Report and an Environmental Report per Rural Development guidelines. Applicants intending to fund projects through a SAW loan or other funding source are required to submit an approvable project proposal in accordance with the guidance below. If seeking a SAW loan, the project proposal should reference an asset management plan. Applicants intending to fund projects through an SRF or SWQIF loan are required to submit an approvable Project Plan. APPENDIX A IS NOT APPLICABLE THE FORM WILL NOT BE ACCEPTED IF it HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 24 Rev. October 8, 2013 Project Proposal Below are the minimum requirements for a proj ect proposal. 1. Study Area Identification and Description a. Cover the geographic area served by or affected by the proposed project. For example, for a nonpoint source (NPS) project that is replacing an asphalt mall parking lot with porous pavers, the study area should encompass, at least, the parking lot, mall, and properties that abut the parking lot. b. Population Data - include if relevant (e.g., needed when discussing asset management associated with future needs that would be based on population projections). c. Environmental Setting - include description of environmental features relevant to project's geographical area and project construction activities, Include a map. • If present, identify wetlands, floodplains, natural/wild scenic rivers surface waters, paries, agriculture land, and endangered/threatened species. A Michigan Natural Features Inventory review should be conducted unless the applicant can show that construction is limited to a developed area. d. Do NOT include land use and economic characteristics, unless relevant to the project. 2. Existing Facilities Should be described to the extent that existing facilities are included in the project or will be affected by the project. 3. Project Need Describe in detail the need for the project, as well as any relevant permit compliance issues and water quality problems. Facility or project needs should be evaluated for a time period equal to the service life of the proposed project (i.e., the proposal should evaluate needs for a timeframe long enough so that the proposed project doesn't, become ineffective after only a few years or before the loan has been paid). 4. Description of Project Options Considered Provide a description of the options considered to address the proposed project including a brief description of the costs and potential environmental impacts. 5. Proposed Project Provide a detailed description of the proposed project including cost estimates and a construction schedule, as well as maps and/or diagrams. 6. Evaluation of Environmental Impacts Discuss impacts from project construction and operation. Include a description of measures to mitigate impacts and the beneficial impacts. ti if form WIU. not be ACCEPTED IF IT has BEEN EDITED, altered. retyped, or CONVERTED to ANY OTHER FORMAT.25 Rev. OcloberS, 2013 GUIDANCE FOR APPENDIX A Grant Eligible Planning ® Costs associated with the development of a SAW loan project proposal, SRF/SWQIF project plan, or other similar planning documents. « Equipment and services for the purchase, installation, and operation of flow meters necessary for an infiltration and inflow (I/I) analysis. • Costs to prepare an eligible SAW grant application, including force account work. • Force account costs. The maximum rate for fringe benefits of force account costs is 40 percent of salary. Design • Force account costs. The maximum rate for fringe benefits of force account costs is 40 percent of salary. « Costs of preparing a basis of design, value engineering services, and preparation of plans and specifications. Any design-related service required to obtain the construction permit. This includes easement-related services for property surveys and easement descriptions. User Charge System Development Costs ® The costs associated with developing or updating the applicant's system of rates and user charges to cover the costs of project construction, operation, and maintenance. • The costs to develop, amend, and pass sewer use ordinances, and prepare or revise intermunicipal service agreements, or rate methodologies that are necessary for construction of the proposed project. Grant Ineligible Planning and Design * Purchase price and associated costs to acquire land/easements such as appraisals, title searches, easement agreement preparation, legal notices, and closing costs. ® Bidding phase services, including construction staking. THb FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED. RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 26 Rev. October 8, 2013 APPENDIX B Planning and/or Design of Stormwater and/or Nonpoint Source of Water Pollution Required Information SAW grant assistance for stormwater and/or NPS projects must address a water quality problem. If the project is identified in one of the following documents, please submit the document with the application unless it has already been submitted to the DEQ for review and approval. (If the document has been submitted to the DEQ for review, please provide the name of the DEQ staff member in receipt of the document.) ® An approved 319/CMI NPS watershed plan e A Municipal Separate Storm Sewer System (MS4) permit (if the proposed project is required under the permit, then attach an explanation to this application) • An approved Total Maximum Daily Load (attach an explanation to this application) e A SAW stormwater management plan Planning Grant Requirements Applicants intending to fund projects through USD A Rural Development are required to develop a Preliminary Engineering Report and an Environmental Report per Rural Development guidelines. Applicants intending to fund projects through a SAW loan or other funding source are required to develop a project proposal in accordance to the guidance in Appendix A. Applicants intending to fund projects through an SRF or SWQIF loan are required to develop a project plan in accordance with the Project Plan Preparation Guidance (,http://ww^^mjchigan.gov/documents/deq/deq- ess-mfs-formsguidance-SRPppsguide 249032 7.dot). Design Grant Requirements All applicants are required to develop and submit plans and specifications suitable for bidding. Applicants intending to fund projects through USDA Rural Development are required to submit a Preliminary Engineering Report and an Environmental Report per Rural Development guidelines. Applicants intending to fund projects through a SAW loan or other funding source are required to submit an approvable project proposal in accordance with the guidance in Appendix A. Applicants intending to fund projects through an SRF or SWQIF loan are required to submit an approvable project plan. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED. RETYPED. OR CONVERTED TO ANY OTHER FORMAT.27 Rev, October 8, 2013 GUIDANCE FOR APPENDIX B Grant Eligible Plaiming • Costs associated with the development of a SAW loan project proposal, SKF/SWQIF project plan, or other similar planning documents. • Equipment and services for the purchase, installation, and operation of flow meters for a hydrological study of a storm sewer system or a watershed. • Costs to prepare an eligible SAW grant application, including force account work. • Force account costs. The majdmum rate for fringe benefits of force account costs is 40 percent of salary. Design e Force account costs. The maximum rate for fringe benefits of force account costs is 40 percent of salary, ® Costs of preparing a basis of design, design and preparation for construction permit(s), value engineering services, and preparation of plans and specifications. This includes easement-related services for property surveys and easement descriptions. User Charge System Development Costs ® The costs associated with developing or updating the applicant's system of rates and user charges to cover the costs of project construction, operation, and maintenance. © The costs to develop, amend, and pass sewer use ordinances, and prepare or revise intermunicipa] service agreements, or rate methodologies that are necessary for construction of the proposed project. Grant Ineligible Planning and Design • Post-construction monitoring of stormwater best management practices (BMP) performance to determine effectiveness. » Purchase price and associated costs to acquire land/easements such as appraisals, title searches, easement agreement preparation, legal notices, and closing costs. • Bidding phase services, including construction staking. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED. RETYPED, OR CONVERTED TO any OTHER FORMAT.28 Rev. Octobers, 2013 APPENDIX C Asset Management Plan for Stonmvater and Wastewater A. Proposed Scope of Work Applicants can seek AMP grant assistance to cover the costs of the asset management plan development and implementation for wastewater and stormwater systems. This includes a complete inventory of all existing system assets. If the condition of the asset is not known, a reasonable assumption is acceptable. Cleaning and televising of the entire system is not expected. If the wastewater AMP identifies a gap in the current revenue needs to meet expenses, then significant progress must be made toward achieving the funding structure necessary to operate the system. If no gap is identified, the applicant has fulfilled the significant progress requirement. Significant progress is defined as a 5-year plan to eliminate the gap with a minimum initial rate increase to close at least 10 percent of the funding gap. The first rate increase must be implemented within three years of the executed grant. The applicant will need to certify that all grant activities have been completed at the end of three years and submit a copy of the 5-year plan with the certification. The stormwater AMP must be implemented within three years of the executed grant. The applicant is requned to submit the Stormwater AMP Certification of Project Completeness within three years of the executed grant, Describe the specific activities you will fund with the AMP grant assistance. Attach additional pages as necessary: See Attachment for Appendix C : B. Describe your current asset management plan as applicable: See Attachment for Appendix C Provide the percentage of tasks completed and describe each asset management component of your current asset management plan See Attachment for Appendix C 1. Asset Inventor)' and Condition Assessment 2. Level of Service 3. Criticality of Assets 4. Operation and Maintenance (O&M) Strategies/Revenue Structure 5. Long-term Funding/Capital Improvement Planning C. Revenue Structure (for wastewater only) WRC's Drain Equipment Fund will be used to accumulate costs for the County's match as part of the grant requirements. If the entire $2,000,000 grant is obtained and used, the maximum possible total required match amount would be $350,000. The accumulated costs would be allocated to the TI IF. FORM Will. NOT BE ACCEPTED IF IT MAS BEEN EDITED, ALTERED, RETYPED, OR CONVERT ED 1 O ANY OTHER FORMAT.29 Rev. October 8, 20!3 benefitting systems per Exhibit 1. Each sewer system has more than adequate capital improvement reserves to cover their share of the grant match. D. Cross-Sectoring Section 2504 e (2)(i) states that "The municipality shall coordinate, as feasible, with other infrastructure activities in the same geographic area." Asset management encourages cross-sector utilization (for water utility, roads, gas, phones, etc.); however grant assistance may only be requested for those costs directly related to the requested asset management grant. If cross-sectoring occurs, describe how SAW costs will be tracked. See Attachment for Appendix C E. Project Cost Worksheet Carefully read the guidance below before completing the Project Cost Worksheet. Costs below include both stonnwater and-sanitary asset management work. Item Incurred Costs Force Account Costs Estimated Costs Supporting Documents Total Inventory Y N Condition assessment (excluding televising) Y N Metering/modeling Y N AM/GIS Software*S160,000 Y N SI 60,000 AM/GIS Training*Y N AM/GIS Hardware*Y N Cleaning &Televising Contracted costs Equip, rental costs Labor costs Y N Level of Service Service agreement development Public meeting cost Ordinance cost Y N Training/certification For PACP For MACP Y N Rate Structure Development costs $400,000 SSI 10,000 Y N $510,000 Other $780,000 $750,000 Y N $1,530,000 ^Indicates items included in the cost limitations for software, hardware, and training as described in the Guidance below. F. National Pollutant Discharge Elimination System (NPDES) Permits for Municipal Wastewater Systems Only (Not Stormwater) the form will not be accepted if it has been edited, altered, retyped, or converted to any other format. 30 Rev. Octobers, 2013 Do you currently hold a NPDES permit to cover discharges from your wastewater system? YES 0 NO If Yes, what is the permit number? See Attachment for Appendix C If you have a NPDES permit, does it currently contain an asset management requirement? YES ÿ NO Note: For all NPDES pennit holders, the applicant acknowledges that acceptance of a SAW wastewater asset management grant will result in an asset management condition in the next reissued NPDES permit. The asset management plan developed must meet NPDES permit requirements. The NPDES permit language can be found at: www.michigan.gov/cleanwaterrevolvingfund (select Forms and Guidance). GUIDANCE FOR APPENDIX C Grant Eligible • AMP/Geographic Information System (GIS) mapping software/hardware/training. Total limits are as follows: Service Area Population Dollar Limit Less than or equal to 5,000 $60,000 5,001 to less than or equal to 20,000 $85,000 20,001 to less than or equal to 50,000 $110,000 Greater than 50,000 $160,000 Note: Attach justification when assistance is sought for an applicant with an existing GIS system or for when an exception is being made to the above dollar limits. • Asset condition assessment (manhole inventory, cleaning and televising) o All televising and documentation must be completed in accordance with National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program/Manhole Assessment Certification Program (PACP/MACP) requirements and by PACP/MACP certified personnel, o Equipment rental costs for force account work of cleaning and televising equipment owned by the applicant will be reimbursed at rates no greater than those provided in an informal quote on a per foot basis. o A justification is needed to clean and televise sewers installed or relmed within the last 20 years. The limit is to encourage communities to focus on sewers installed or relined prior to 1993. * Force account costs associated with the direct implementation of the AMP/GIS software and hardware. The maximum rate for fringe costs is 40 percent of salary. «> The technical, legal, and financial costs to develop a funding structure and implementation schedule necessary to implement an AMP, or portion thereof. These tasks include those costs associated with the preparation or amendment of sewer use and rate ordinances, stormwater management ordinances, policies and design standards, preparation or revision of inter-municipal service agreements, and submittal of the proposed budgets and rate methodologies. THE FORM WILL not BE ACCEPTED IF IT MAS BEEN EDITED, ALTERBD. RETYPED, OR CONVERTED TO ANY other format. 31 Rev. October 8, 2013 • Any specific tasks named as a condition of an NPDES permit not identified elsewhere in this guidance, such as mapping without GIS, a fixed asset inventory, a business risk evaluation, an annual report of operation, maintenance, and replacement (OM&R)/AMP activities, etc. « Aerial data collection at the 12-inch resolution when it is purchased from the county or obtained from the state (for GIS purposes only). • The development of a stormwater funding structure is not required; however, an analysis of costs to maintain the system and to support the asset management program must be included. • Stormwater utility development costs. • Level of service may include sendee agreement development, public meeting costs, and ordinance costs. Grant Ineligible • Annual license renewals to an existing GIS system. • Legal fees to defend the rate structure if challenged. the FORM WILL not be ACCEPTED if it HAS BEEN EDITED. ALTERED, retyped, OR converted TO ANY other format 32 Rev. October 8, 2013 APPENDIX D Stormwater Management Plan The SAW grant program is available to applicants who wish to acquire funding for the development of Stormwater Management Plans. Under the SAW program, a Stormwater Management Plan is broadly defined to include those documents listed in the below checklist. Applicants are encouraged to review the webpages associated with each document to determine which Stormwater Management Plan best fits their planning needs for the treatment of stormwater. Applicants should also review the Stormwater Management Plan guidance document. For those applicants applying for a SAW grant for the development of a Stormwater Management Plan, indicate below which type of document will be generated using grant funding. Include a description and a map of the planning area, as well as a description of water quality problems that will be addressed with the Stormwater Management Plan. EJ Municipal Separate Storm Sewer System (MS4) Stormwater Management Program (see w^ww.mi. gov/deqstormwater). An MS4 Stormwater Management Program addresses the effects of urbanization on the water quality of surface waters of the state. Please choose one of the following: 0 Applicant currently has National Pollutant Discharge Elimination System (NPDES) MS4 permit coverage Applicant will be a new NPDES MS4 permittee Applicants applying for a SAW grant for one of {he following Stormwater Management Plans, shall also include as part of the application the percentage of land uses in the planning area. NFS Watershed Management Plan (See the "Developing an Approved Watershed Management Plan" www.mi.gov/nns ). The description of water quality problems must include the following: • A description of the watershed and watershed boundary and the hydrologic unit code. * A description of the current water quality conditions, and the needs/problems to be addressed with the proposed project. List or discuss all 303(d) listed water bodies and include the Assessment Unit ID (See the 2012 Integrated Report, Appendix B). ® A list of the pollutants the NPS Watershed Management Plan will target. The list shall include pollutants listed in the 2012 Integrated Re-port for Michigan (See Appendix B of the report) as causing designated use impairments in the watershed where NPS pollution is a contributor to the water quality impairment. The list should also include pollutants important at the local level and the rationale for the listing. SAW Stormwater Management Plan See Attachment for Appendh: D for additional information. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR converted TO ANY OTHER FORMAT. 33 Rev. October 8, 2013 Stormwater Management Plan The SAW grant program is available to applicants who wish to acquire funding for the development of Stormwater Management Plans and the design of projects contained or described within a Stormwater Management Plan. Under the SAW program, a Stormwater Management Plan is broadly defined to include; • Municipal Separate Stonn Sewer System (MS4) Stormwater Management Plan (See the MS4 at www, mi. go v/deq stormwater) » NPS Watershed Management Plan (See the "Developing an Approved Watershed Management Plan" at www.mi.gov/nps) * SAW Stormwater Management Plan (See the SAW Stormwater Management Plan on page 22) Development of a Stormwater Management Plan MS4 Stormwater Management Plan Permittees required to develop an MS4 Stormwater Management Plan (SWMP) are municipal agencies, such as cities, townships, villages, county agencies, and school districts located in a census defined urbanized area with a discharge of stormwater to surface waters of the state. The existing NPDES MS4 individual permit application is structured such that by completing the application, an MS4 SWMP is produced. The best management practices (BMP) included in the MS4 SWMP shall be designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable. For those applicants who are developing a new MS4 SWMP, the development of the entire MS4 SWMP is eligible for SAW grant funding. An applicant who already has an approved MS4 SWMP or Stormwater Pollution Prevention Initiative (SWPPI) in place can receive funding to update the SWMP/SWPPI. An approved MS4 SWMP includes the following minimum requirements: 1. BMPs to be implemented to meet the following six minimum control measures (a- f) and applicable water quality requirements (g) a. Public Participation/Involvement Program b. Public Education Program c. Illicit Discharge Elimination Program d. Construction Stormwater Runoff Control Program e. Post-Construction Stormwater Runoff Program f. Pollution Prevention and Good Housekeeping Program g. Total Maximum Daily Loads (TMDL) Implementation Plan (This water quality requirement applies to a regulated MS4 that discharges stormwater to impaired waters with an approved TMDL that includes a pollutant load allocation assigned to the regulated MS4.) 2. A measurable goal for each BMP. Each measurable goal shall have a measure of assessment to determine progress towards achieving the measurable goal, 3. The following Phase I MS4 Permittees shall include as part of the SWMP an Industrial Facility Program: [cities of] Aim Arbor, Flint, Grand Rapids, Sterling Heights, and Warren. The NPDES MS4 individual permit application allows an applicant the option of submitting a collaborative approach for four of the six minimum control measures and the water quality requirements as part of the SWMP. Collaborative efforts may include several MS4 permittees collaborating to meet all or parts of a minimum control measure or water quality requirement. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED. RETYPED.. OR CONVERTED TO ANY OTHER FORMAT. 34 Rev, October 8, 2013 The MS4 SWMP is considered approved when an individual NPDES permit is issued to the MS4 pennittee with the requirement to implement and enforce the approved MS4 SWMP. The MS4 permittee is required to document progress made implementing the MS4 SWMP as part of the Progress Report requirements in the MS4 NPDES permit. For MS4 permittees with an approved SWMP or SWPPI, the following are examples of updates that may be eligible if the activity is significantly revised or goes beyond what is currently included in the approved SWMP/SWPPI: • Public Education Program: Developing and implementing a survey to assess changes in public behavior. « Illicit Discharge Elimination Program: o Developing a storm sewer system map to include the location of all outfalls and points of discharge.o Prioritizing dry-weather screening of outfalls and points of discharge by identifying areas of high illicit discharge potential. This prioritization could be completed as a collaborative effort with several MS4 permittees. t Post-Construction Stonnwater Runoff o Updating post-construction stormwater runoff performance standards. More specifically, updating an ordinance or regulatory mechanism to include the water quality treatment and channel protection performance standards in the current NPDES MS4 individual permit application. o Developing a tracking system for ensuring the long-term maintenance of post- construction BMPs. For example, a system to track the performance of the BMPs implemented to meet the performance standards and included in a maintenance agreement. e Pollution Prevention and Good Housekeeping Program o Developing a site-specific standard operating procedure identifying the structural and non-structural stonnwater controls implemented or to be implemented and maintained to prevent or reduce pollutant runoff at facilities owned/operated by the applicant with a high potential for pollutant runoff, o Developing a procedure for assessing catch basins for routine inspection, maintenance, and cleaning based on preventing or reducing pollutant runoff. • TMDL Implementation Plan - Developing a TMDL monitoring plan for assessing the effectiveness of BMPs currently being implemented or to be implemented in making progress toward achieving the TMDL pollutant load reduction requirement. Nonpoint Source Watershed Management Plan Applicants eligible to develop a NPS Watershed Management Plan include cities, villages, counties, townships or other public bodies established under state law (watershed alliances, conservation districts, and regional planning agencies for example). Watershed Management Plans under this category must be approvable as defined in the administrative rules for the CMI NPS Pollution Control Grants and/or include the "nine minimum elements of watershed planning" required by the United States Environmental Protection Agency. To maximize potential future funding, plans should meet both state and federal criteria. NPS Watershed Management Plans must be developed for a hydrologically-based area and must include a list of targeted pollutants. Targeted pollutants must include those listed in Michigan's 2012 Integrated Report as causing designated use impairments in the watershed. The list should also include pollutants important at the local level as well as the rationale for their listing. For an applicant who is developing a new NPS Watershed Management Plan, the development of the entire plan is eligible for SAW grant funding. Justifiable updates to a previously approved NPS THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT.35 Rev. October 5, 2013 Watershed Management Plan are also eligible. Justifiable updates to a plan include, but are not limited to: updates to meet additional criteria; reevaluation of environmental conditions and next steps; etc. Complete watershed management plans (along with completed checklists') can be submitted to the appropriate district office or the NPS Unit in Lansing. Watershed plan reviews require a minimum of 90 days and approval typically requires two or more reviews. Applicants developing a NPS Watershed Management Plan for: (1) watersheds with flooding, flashy flows, or other hydrology issues; (2) or recommended stream bank stabilization, channel realignment, changes to channel geometry; (3) or changes impacting flow or sediment transport, must refer to the NPS Hydrologic and Geomorphic Guidance. Applicants must also consider a wetlands component, as described in the Guidance for Wetland Related Elements, when developing a NPS Watershed Management Plan. SAW Stormwater Management Plan An applicant that wants to develop a SWMP other than an MS4 or NPS SWMP may receive grant funding to develop a SWMP as long as it contains the following minimum components: 1. A description and map of the jurisdictional boundaries and the area to be covered by the plan (typically a sewershed and/or drainage district). The planning area should be hydrologically based and include the entire collection and conveyance system (open and closed) as well as the contributing area. 2. A description of the major components of the stormwater system and/or country drainage district, including sewershed and watershed boundary and internal sub-boundaries, surface water hydrology, mapping of stormwater conveyance (pipes and channels), existing storage, regulatory or other mapped floodplains, flood control facilities and treatment components. 3. A description of publically owned BMPs and private BMPs that significantly affects the stormwater system. 4. A description of all stormwater sources and all known stormwater related water quality problems within the planning area (for example, surface flooding, hydraulic restriction, erosion, water quality, etc.), 5. Include recommendations and an analysis of projects to correct stormwater and known stormwater related water quality problems. a. This includes project identification, preliminary sizing and description of proposed activities. Proposed activities could consist of capital improvements (i.e. culvert replacement, channel modification, structural BMPs, etc.) or changes to inspection or maintenance activities (i.e. stream bank assessments, detention basin inspections, floodplain or floodwa}' encroachment surveys, etc.). b. Provide estimated operation, maintenance and capital costs for all recommendations 6. Include a timeline for implementation of the plan. The extent of the timeline is at the applicant's discretion (i.e., 5-year, 10-year, etc.). ll is strongly suggested that the following components also be included in the SWMP: 1. A general maintenance plan 2. The desired level of sendee should be determined through a public involvement process 3. A public education program or activities 4. A general description of land use percentages THE FORM WILL NOT BL ACCEPTED IP IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 36 Rev. October 8, 20] GUIDANCE FOR APPENDIX D Grant Eligible ® A Stormwater Management Plan (SWMP) must address water quality issues caused by surface runoff of stormwater. There must be a stormwater related water quality problem, not just a stormwater quantity issue. • Pre-project (planning and design) assessment of Best Management Practices (BMPs) to determine the most effective solution. • Legal and/or force account costs associated with the creation or amendment of stormwater ordinances, policies, and design standards. » Flow monitoring for a hydrologic analysis of a stormwater conveyance system or surface water system. e Water quality sampling to determine current water quality conditions. • Development of a public education and involvement program or activities for stormwater issues. • Development of a maintenance plan for stormwater practices. • AMP/GIS mapping software/hardware/training. Total limits are as follows: Service Area Population Dollar Limit Less than or equal to 5,000 $60,000 5,001 to less than or equal to 20,000 $85,000 20,001 to less than or equal to 50,000 $110,000 Greater than 50,000 $160,000 Note: Attach justification when assistance is sought for an applicant with an existing GIS system or for when an exception is being made to the above dollar limits. Grant Ineligible • Costs related to implementation of a MS4 SWMP program • The purchase price to acquire land/easements » Post-construction monitoring of stormwater management BMP performance to determine effectiveness. e Planning and design activities related to the evaluation of groundwater impacted by stormwater infiltration. the i othl CRM WILL NOT BE ACCEPTED IF IT HAS R FORMAT. BEEN EDITED, ALTERED, RETYPED, 37 or converted to any Rev. October 8, 2013 APPENDIX E SAW Innovative Wastewater and Stormwater Technology Project costs related to the testing and demonstration of innovative wastewater and stormwater technologies are eligible for grant funding. Within three years of the executed grant, the applicant must determine if the project is technically and financially feasible to implement and submit a SAW Innovative Technology Certification of Project Completeness. If the testing and demonstration results of the innovative technology prove to be technically and financially feasible, the applicant must agree to construct the project. Complete the following to aid in determining grant eligibility. A. The technology must meet one or more of the following categories to be considered innovative: The technology has not been previously used in Michigan or the region, if influenced by climate The technology has not been previously used in the United States, if independent of climate influences The technology is an application of an existing technology applied to a different media (e.g. a water supply treatment technology applied to the wastewater field) The technology is an application of an existing technology applied to a different pollutant (e.g. previously used to address pollutant 'X', proposed to address pollutant 'Y') Provide a detailed explanation of how the innovative technology meets one or more of the categories above (attach additional pages, if necessary): B. Eligible projects must focus on a specific existing water quality issue that needs to be addressed. Provide a detailed explanation of how the proposed testing and demonstration of an hiDOvative technology meets this requirement (attach additional pages, if necessary): C. For eligible technologies identified in A above, attach a detailed pilot study work plan. The work plan should be developed based on the associated guidance included with this application. APPENDIX E IS NOT APPLICABLE GUIDANCE FOR APPENDIX E Grant Eligible • Pilot studies demonstrating the effectiveness of wastewater and/or stormwater technologies which do not result in any permanent construction that becomes a tangible asset. • If testing and demonstration is successful, and reasonable in cost, the applicant must certify a project using the innovative technology will be constructed. If the testing and demonstration is not successful, there is no commitment to proceed with construction. Grant Ineligible THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 38 Rev. October 8, 2013 Permanent construction of the pilot technology Application Guidance The SAW program allows for grants to fund project costs related to the testing and demonstration of innovative wastewater and storm water technologies. Innovative technologies must meet one or more of the four listed criteria: 1. Those technologies influenced by climate and have not been previously used in Michigan or the region may be eligible. For instance, if a technology that is heavily temperature dependent and has been used in warmer climates but not yet in colder climates is proposed for testing and demonstration, it may be eligible for grant funding. 2. Other potentially eligible projects include those that have not been previously used in the United States, 3. An application of an existing technology applied to a different media, or 4. A technology that is applied to address a different type of pollutant than previously used for. Eligible projects are expected to focus on a specific and existing water quality issue that needs to be addressed. For example, this may include a technology that provides better and/or more efficient treatment performance. The existing water quality issue should be documented with water quality data or other relevant information (this may include the DEQ Water Resources Division's Integrated Report, approved Total Maximum Daily Loads (TMDL) or watershed management plans, local health department records, compliance or enforcement documents, etc.). The explanation should clearly tie together how the innovative technology will address the existing water quality issue which has been identified. A pilot study work plan is required to be submitted with the application. The pilot study should provide sufficient evaluation of the applicability, operational reliability and effectiveness of the innovative technology. This should be demonstrated with a prototype unit or process of sufficient size and designed to operate at its design load conditions. To determine that such new processes and equipment or applications have a reasonable and substantial chance of success, the following should be considered when developing a pilot study plan: ® Evaluation and discussion of any related, existing performance data and manufacturer's information. • A plan for monitoring observations, including test results and evaluations, demonstrating the efficiency and effectiveness of such processes or equipment, ® Detailed description of the test methods and their appropriateness. • Testing, including appropriate sampling, under various ranges of strength and flow rates (including diumal and/or seasonal variations) and temperatures over a sufficient length of time to demonstrate performance under climatic and other conditions which may be encountered in the area of the proposed installations. © Other appropriate information, e Coordination and approval by DEQ district engineers if there are temporary changes in the operation of a permitted facility or permitted discharge during pilot testing. It is strongly recommended that applicants team with academic institutions to aid in development and completion of a pilot study. THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY OTHER FORMAT. 39 Rev. October 8, 20J3 APPENDIX F Disadvantaged Community Status Determination Worksheet In order to determine the disadvantaged status of a community, the Revolving Loan Section will first look to see if: 1) More than 50 percent of the area served by a proposed sewage treatment works project or stormwater treatment project is identified as a poverty area by the United States Census Bureau; 2) The median annual household income of the area served by a proposed sewage treatment works project or stormwater treatment project is less than the most recently published federal poverty guidelines for a family of 4 in the 48 contiguous United States. In determining the median annual household income of the area served by the proposed sewage treatment works project or stonnwater treatment project, the municipality shall utilize the most recently published statistics from the United States Census Bureau, updated to reflect current dollars, for the community which most closely approximates the area being served by the project. If no determination can be made by either criteria 1 or 2 then the following information will be used: 1. Is the applicant seeking a planning or design grant? ÿ YES ÿ NO If YES, provide the total estimated construction amount S . 2. Annual payment on the existing debt for the wastewater or stormwater system (if applicable): $ ¦ 3. Total operation, maintenance and replacement expenses for the wastewater or stormwater system on an annual basis: $ . 4. Number of "residential equivalent users" in the system: . If you have any questions about this worksheet, then contact Mr. Robert Schneider at 517-388-6466. Note: If the total estimated construction amount is provided, the result of this determination is temporary until actual bid costs are submitted. APPENDIX F IS NOT APPLICABLE THE FORM WILL NOT BE ACCEPTED if IT HAS BEEN EDITED, A! OTHER FORMAT. 40 TERED, RETYPED, OR CONVERTED TO ANY Rev. Octobers, 20]3 SAW Application, Item E: Project Need and Proposed Scope of Work The Oaldand Comity Water Resources Commissioner (WRC) proposes to develop an Asset Management Plan (AMP) under the new Stormwater, Asset Management and Wastewater (SAW) Program administered by the Michigan Department of Environmental Quality (MDEQ). The focus of this AMP will be the Oaldand County WRC, which owns and/or operates a variety of sanitary and stormwater facilities. This AMP will focus on developing a cost-effective, results-oriented program that will consider all facets of the WRC enterprise. Development of an AMP for administration of the WRC's sanitary and stormwater systems will also allow Ihe Owner to further develop its operation, maintenance and replacement program to minimize the risk of failure of critical components, which would result in not meeting the system's required level of service. The AMP will also provide evaluation of the short and long-term financial needs to ensure adequate funding is allocated to ensure successful operation of the various systems and compliance with all associated NPDES permits. The scope of work is explained in more detail in the attached documents. Oakland County Water Resource Commissioner \'--i HvJ SAW Application ''' Page 1 of 1 c\doumims and snime^nwxwelliUocal seUmg^empomry internet fileS\COntent .0 UtlOOk\gU 2y5etg\2013102 l_a PpendiXCdjZOiTI mODtOa 11 .dOCX SAW Application, Appendix C—SAW Asset Management Plans Item A: Plan Scope of Work Introduction: The focus of this Asset Management Plan (AMP) will be Oaldand County's office of the Water Resources Commissioner (WRC), which owns and/or operates a variety of sanitary and stormwater facilities. This AMP will focus on developing a cost-effective, results-oriented program that will consider all facets of the WRC enterprise. The AMP will link WRC's existing GIS, CMMS, CAMS, CCTV, SCADA and Telog, etc. programs that contain the data related to the various systems' assets. This will allow the systems to work collectively as the support structure for functions such as asset registry, condition assessment, customer service tracking, maintenance planning, work order management, and financial planning. The following scope describes the specific activities included in development of the AMP, which will be funded with the SAW grant assistance unless otherwise specifically noted. We understand that if the AMP identifies a gap in the current revenue needs to meet expenses, then significant progress must be made toward achieving the funding structure necessary to operate the system. Significant progress is defined as a 5-year plan to address the gap with a minimum 10 percent reduction in the gap. The first rate increase must be implemented within three years of the executed grant. The applicant will need to certify that all grant activities have been completed at the end of three years. Background: The WRC operates and maintains various sanitary and stormwater facilities comprised of sewage and stormwater pump stations, retention treatment basins, and sewage and stormwater retention facilities, WRC operates and maintains all county-owned sewers and maintains many individual CVT sewer systems under contract. It also operates and maintains various drains in the County authorized by law, and oversees the County's MS4 permit program. Additionally, the WRC provides drain and sewer inspection, maintenance and sewage flow metering; and reviews engineering plans for proposed construction. The WRC develops and adheres to system budgets, oversight of system compliance and regulatory reporting, and handles all sewer flow and rain gauge data used to verify billing and monitor contract compliance for current customers. It is responsible for monitoring overflow events, controlling retention basin dewatering and assisting with direct maintenance efforts of these systems. Project Initiation: The WRC will first establish the framework and goals for the AMP specific to the needs of the facilities. Meetings and planning sessions will be held to establish the following: 1. Develop organization chart of staff involved and stakeholders. 2. Begin engagement of employees, management, and communities served by WRC in the planning and decision making, to develop a culture that includes a shared, common purpose. 3. Schedule meetings with staff and stakeholders. 4. Determine Level Of Service (LOS) expectations and Key Performance Indicators (KPIs). 5. Research and evaluate options for software for the following activities: Horizontal Asset Management, Vertical Asset Management, storing sewer televising (CCTV) data and media, document management and reporting, cost accounting, and coordinated data access. 6. Research and identify improvements required to the existing systems and strategies to link the components into the new AMI1 software. 7. Research and evaluate best practices for a comprehensive Asset Management Program Costs related to these activities will include consultant costs and force account costs for staff involved with this step of the AMI3 development, and are included in the Project Cost Worksheet under "other". Oakland County Water Resource Commissioner SAW Application, Appendix C, Asset Management Page 1 of 6 cAdocumcms ai,d seuings^a.vvvdmioc;.] seuuipsuemporary imemol filcACO H tG fit. 0 UtlO 0 k\gU 2y 5etg\2013 102 l_a PP 6 fid iXCd__C0 m tT) 0 ntOS 11. d OCX Asset Management Software, Hardware and Training: The AMP will be developed using a combination of software packages that will allow for data sharing and analysis for asset data inventory, condition tracking, risk analysis, financial tracking and cost evaluation. The various software packages will also assist with decision-making for rehabilitation and replacement prioritization, capital investment timing, long-term fiscal planning, short-term packaging for capital projects, timing of capital investment expenditures and decisions regarding funds toward capital investment versus enhanced maintenance. Activities related to this item include: 1. Purchase software and hardware. 2. Schedule required staff training. The costs related to these activities are per the attached hardware and software cost breakdown. These costs are included in the Project Cost Worksheet under "AM Software," "AM Hardware" and "AM Training." Asset Inventory and Data Collection: The existing inventories of the County's sanitary and stormwater assets will be reviewed and converted or modified as required to implement the new software systems. This step also includes identifying and implementing a document management system in order to ensure all asset data is accessible to optimize operation and maintenance, and to aid in asset planning and decision-making processes. Data sharing solutions will also be researched and implemented in order to allow the various data systems to work collaboratively. In order to proceed with a systematic method of developing the asset inventory for the County, the following activities will be performed: 1. Compile and review existing hard copy and/or digital record data and verify quality and completeness of existing system data to refine scope of work required to achieve goals. 2. Digitize any hard copy data and merge record formats as required to allow for efficient input into proposed AMP software. 3. Determine information gaps and perform research to determine/verify asset data as required. 4. Input system assets and related asset characteristics into common AMP framework: a. Data conversion of existing CCTV WinCan data b. Identify and implement CAMS customization and reporting improvements c. Identify and implement as-built document management system d. Identify and implement document management system for O&M manuals and operating plans e. Evaluate and implement cost accounting software to track investment and repairs into assets f. Evaluate and implement data sharing solutions (architecture, publishing model, security, etc.) Costs related to these activities will include consultant costs and force account costs for staff involved with this step of the AMP development, and are included in the Project Cost Worksheet under "Inventory". Assessment of Asset Condition, Criticality and Risk: Using the framework established under the "Project Initiation" phase, a planning level assessment of each asset's condition will be made. With the proposed AMP, asset information that currently is housed in separate recording systems will be made available via a common framework for review and evaluation to determine the required investment for the lowest life cycle cost while achieving the desired level of service. Because no field work or physical inspection of assets is proposed, costs associated with this task are included in the Project Cost Worksheet under "Other". Oakland County Water Resource Commissioner f- riw SAW Application, Appendix C, Asset Management Page 2 of 6 cwlocuments and sctrings\mnxwe)ll\]ocal settinps'tenipoiurv imcniet fi]es\CO nt0nt.OUt IOOk\gU2y5stg\20131021 3 PpSDdjXCd COmmO HtOS II. dOCX Investment Prioritization and Future Planning: The AMP will allow for integration of the WRC's various existing data systems to evaluate the short and long- term investment required to achieve the desired level of service for each asset. Required investment will be determined and prioritized using the general approach below: 1. Develop depreciation curves for asset classes based on inventory information. 2. Determine and prioritize required investment. 3. Develop a five to ten-year Capital Improvement Plan (CIP) to address the high priority projects and prepare planning-level construction cost estimates. 4. Provide recommendations for future/ongoing system operation, maintenance, rehabilitation, repair and replacement needs and cost estimates. 5. Conduct a financial forecast, including OM&R budget and rate sufficiency Costs related to these activities will include consultant costs and force account costs for staff involved with this step of the AMP development, and are included in the Project Cost Worksheet under "other". Rate Methodology and Cost Accounting: WRC's fiscal team will use the AMP process to research and evaluate options for budget management software and methodologies for reserve programs. A budget management system will be implemented and integrated with the existing financial system. Options will also be researched and evaluated for rate methodology and a rate table developed for the various systems within WRC's jurisdiction. The rate template will then be integrated with the existing financial system. Costs related to rate structure will include consultant costs and force account costs for staff involved with this step of the AMP development, and are included in the Project Cost Worksheet under "Rate Structure". Development of an Asset Management Template: The WRC will research and evaluate best practices for AMPs, and develop a template for managing data associated with the various sanitary and stormwater systems to allow for an integrated administrative platform. This system will help to improve operations by removing communication barriers, simplifying the reporting and transmitting of data, and reducing costs by merging various administrative areas onto a single platform. Costs related to development of an asset management template will include consultant costs and force account costs for staff involved with this step of the AMP development, and are included in the Project Cost Worksheet under "Other". SAW Application, Appendix C—SAW Asset Management Plans Item B: Describe Your Current Asset Management Plan as Applicable The existing AMP includes the asset inventory and related data, operation and maintenance records, and cost and budget information, which is used to administer the County's comprehensive preventive maintenance program. However, asset data is housed in various fonnats and under separate administrative functions, creating "silos" of information that is difficult to share and effectively utilize for overall system management. The proposed AMP will provide a framework for developing an enterprise approach to managing data through integration of the various systems. Oakland County Water Resource Commissioner SAW Application, Appendix C, Asset Management Page 3 of 6 c:\riociimeni5 and settm^maxwelltVlociil sultingsUcmporary interne! fiics\CO fit6 Plt.O UtlOOk\§U2y5Stg\2013 1021 3 PPB HCi iXCCl 0001HIO HtOB 11 .dOCX The following percentages of tasks complete represent the progress of each item in the current asset management plan as it relates to the goal of moving toward an enterprise asset management system: 1. Asset Inventory and Condition Assessment 50% (Asset inventory and related data complete, need to convert to new software) 2. Level of Service 10% (Need to formalize the level of service and develop key performance indicators) 3. Criticality of Assets 10% (Convert data to new software and evaluate interdependence of assets to find problem areas and to prioritize future investment.) 4. Operation and Maintenance (O&M) Strategies/Revenue Structure 60% (Review existing rate methodologies and reserve accounts using new budget management system.) 5. Long-term Funding/Capital Improvement Planning 60% (Review and update existing funding structures and long-term planning using enterprise approach.) SAW Application, Appendix C—SAW Asset Management Plans Item C: Revenue structure A copy of the current rates is attached, as required. We understand that an updated rate methodology, which incorporates the findings and recommendations of the Asset Management Plan, must be submitted 2-1/2 years after the executed grant to the MDEQ. Cross-sectoring in the AMP would likely include the drinking water systems that the WRC owns and/or operates. None of the costs included in this application will be used for assessment or asset planning for water systems, but the software, methodologies and programming developed in this AMP may later be expanded to manage water systems in a similar manner. The costs presented in "Item E: Project Cost Worksheet" in Appendix C of the SAW Application, indicate the estimated costs that will be performed by the applicant ("force account") and the costs to be contracted out to consultants/contractors ("estimated.") The amount of work to be performed under force account is subject to change based on the applicant's workload and staffing available at the time proposed grant work is undertaken. The following Engineer's cost estimate is provided as supporting documentation with estimated costs that include eligible wages and fringes for applicant staff, billable time for consultants, course fees for training, software purchase costs, and contractor costs. Applicant staff time includes administration of consultants and contractors for eligible grant-related work. The AMP includes integrating the County's various systems into a common framework, and therefore includes both sanitary and storm system assets. Oakland County Water Resource Commissioner SAW Application, Appendix C, Asset Management Page 4 of 6 cwocumemsand setcmgsmiax-wsiirdocai srttmgsucmporary internet itaAco hte nt .outloo k\gu2y5etg\2013102 l_a ppend ixcd_com montoal I .d OCX Application Scope of Work, Engineer's Cost Estimate Breakdown*: InformMibh^echndlogyand-Data-Managernent : 1) CCTV Software :Est. Cost Item;E Category : 1a Research and Evaluate Options for Shared Software $50,000 Other ^urehas^SHare&'SG^S^v AM.Software 1c Convert Exist. CCTV WinCan Data MACP Attributes & Integrate w/CAMS $80,000 Other 1d Impiementation $60,000 Other ;2i^HorizoittaliM6s^M^nagemeii^SdS^r^®'^':v:::d^Est. Cost i Item E Category < 2a Research and Evaluate Options for Shared Software $50,000 Other •purcHase-Shared^Software*'!:> NfAM-Sofiware-' 2c Imoiementation $60,000 Other 3) Vertical Asset Management Software Est. Cost "iteiin E'Category 3a Research and Evaluate Options for Shared Software $75,000 Other ^arcfiisi^Sharea^:^!M$H0Q£iv:;' .:-AM.S6ftwar^-. ^ 3c implementation $80,000 Other 4) Document hilanaaernenit and Reportinfl Est. Cost Item E Category. 4a Identify & Implement CAMS Customization & Reporting Improvements $75,000 Other 4b Identify & implement Infrastructure-Related Doc. Management System $100,000 Other 4c Identify & Implement - Document Management System $125,000 Other 5) Cost Accountina Software v-Est. Cost Item E Category 5a Research and Evaluate Cost Accounting Software $120,000 Other 5b •Hardvvare':and Sofiware-Procurement*:':. •S50;000 AM Software . 5c Implementation $150,000 Other 6) Data Access (CCTVv GIS; CAMS- SCADA, Telpfl, etc:)Est. Cost Item E Category 6a Research and Evaluate Data Sharing Solutions (Architecture, Publishing Model, Security, etc.)$100,000 Other .6b Hardware'and Software Procurement*. $35,000 AM Software 6c implementation $200,000 Other Subtotal Information Technology and Data Management $1,485,000 Rate Methodoiogy .and Cost Accounting 1) Rate Methodology Est. Cost Item E Category 1a Research and Evaluate Options for Rate Methodology $125,000 Rate Structure 1b Develop Rate Template $100,000 Rate Structure 1c Integrate Rate Template with Existing Financial System $125,000 Rate Structure 2) Cost Accounting Est. Cost Item E Category 2a Research and Evaluate Budget Management Software and Methodologies for Reserve Programs $60,000 Rate Structure 2b Implement Budget Management $40,000 Rate Structure 2c Integrate Budget Management System with Existing Financial System $60,000 Rate Structure Subtotal Rate Methodology and Cost Accounting $510,000 i Asset Management Template $ 1) Deveiop Asset Management Template Est. Cost Item E Category la Research and Evaluate Best Practices for Comprehensive Asset Management Program $50,000 Other 1b Develop Comprehensive Template $30,000 Other 1c Public Education $125,000 Other Subtotal Asset Management Template $205,000 Oakland County Water Resource Commissioner SAW Application, Appendix C. Asset Management Page 5 of 6 cAdocumems and settings\maxw(;llt\local settingsUempnrnry imcmut [ilus\CO HtS fit. 0 Ut IOOk\§U2y56tg\2013 1021 3pp0 nd'lXCd COITl fTl0 fltO311 .dOCX Total SAW Grant Appendix C - Asset Management $2,200,000 *Note: These costs are for the County's overall asset management system, and include both stormwater and sanitary systems. The cost for work specific to stormwater systems is estimated at approximately $100,000. SAW Application, Appendix C—SAW Asset Management Flans Item F: NPDES Permits for Municipal Wastewater Systems Only (Not Stormwater) The existing NPDES permits for the WRC's existing facilities currently do NOT have an asset management requirement. However, we understand that as a result of accepting a SAW Grant for Asset Management of a municipal wastewater system, the asset management condition will be in the next reissued NPDES permit for this system. Facilities with NPDES permits are generally owned by the various Drainage Districts and Sewage Disposal Systems and have applied for SAW Grants separately. Oakland County Water Resource Commissioner SAW Application, Appendix C, Asset Management Page 6 of 6 i.i- c 'idocimiems and seuingsuimxwdltMociil scttingvuempoiary imenici files\C0DtG Pit .OUtlOOk\gU2y56tg\2013 102 1 9 PpGfld iXCd COfT) ITlOntOa II .dOCX SAW Application, Appendix D—SAW Stormwater Management Plan Update of MS4 SWPPI The focus of this portion of the grant application will be the identification of costs related to update the WRC's existing MS4 SWPPI. Significant revisions are proposed for the following portions of the Plan: Developing and adoption of new County-wide stormwater standards. This will include researching and evaluating improvements and updates to the existing stormwater standards, details, specifications and community education. Application Scope of Work, Engineer's Cost Estimate Breakdown: Sloim Wdio StJiinnids ||) Dovolop and Adopt Nov. Stoim WhUm Sl.Mid.iidb Amount 1a Research and Evaluate Storm Water Standards, Details and Specifications $80,000 lb Develop Standards $40,000 1c Integrate with Existing Standards Details and Specifications $15,000 Id Community Education $15,000 Subtotal Storm Water Standards $150,000 The applicant understands the need to develop an update that will be approvable, and that the updates are considered approved when an updated individual NPDES permit is issued to the MS4 permittee with the requirement to implement and enforce the approved MS4 SWMP. The MS4 permittee is required to document progress made implementing the MS4 SWMP as part of the Progress Report requirements in the MS4 NPDES permit. Oakland County Water Resource Commissioner SAW Application, Appendix D, Stormwater Management Plan Page 1 of 1 e '.dncinnenls and seuingsUnaxwdllUDtal seumgsucmporan' interne! flles\COntGnt.OUtlOO k\gu2y56tg\20131021_9 PP6nd iXCd_C0m fTIOntOall .dOCX FISCAL NOTE (MISC. #13287) November 13, 2013BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: WATER RESOURCES COMMISSIONER - RESOLUTION AUTHORIZING THE 2013STORMWATER ASSET MANAGEMENT AND WASTERWATER (SAW) GRANT APPLICATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the Water Resources Commissioner to apply for a Stormwater, Asset Management and Wastewater (SAW) Grant from the Michigan Department of Environmental Quality to be used to pay for evaluation and upgrading of WRC's existing data management system related to Asset and Stormwater Management. 2. The (SAW) Grant for $2,000,000 requires a 10% match for the first million and a 25% match for the second million for a not to exceed $350,000 match to be paid for from the benefitting sewer systems. 3. The Asset Management Plan (AMP) improvements include linking the GIS, CAMS, SCADA and other programs containing data related to various system assets to work collectively as support structures for asset registry, condition assessment, customer service tracking, maintenance planning, work order management and financial planning. 4. The Water Resources Commissioner already has an approved Stormwater Management Plan (SWMP) / Stormwater Pollution Prevention Initiative (SWPPI) in place. WRC will use the grant funds to update the SWMP/SWPPI to address new State requirements. 5. A budget amendment wili be completed at the time the grant has been awarded and accepted (match funding, and any grant amounts repayable, would be from WRC benefiting sewer systems). 6. Application and acceptance of this grant does not obligate the county to any future commitment. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #13287 November 13, 2013 Moved by Crawford supported by Jackson {with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN)COUNTY OF OAKLAND) I, Lisa Brown, 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 November 13, 2013, 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 13th day of November 2013. S HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) Lisa Brown, Oakland County