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Home My WebLink AboutResolutions - 2014.01.22 - 21155MISCELLANEOUS RESOLUTION #14003 January 22, 2014 BY: General Government Committee, Christine Long, Chairperson IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 2013/2014 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS for Fiscal Year 2013/2014, the Michigan Department of Environmental Quality (MDEQ), has awarded a reimbursement agreement to the Oakland County Health Division for services related to Non- community — Type II Water Supply, Long-Term Drinking Water Monitoring, Public Swimming Pool Inspections, Septage Waste, Campground Inspection, and Medical Waste Regulation Inspections; and WHEREAS all the services referenced above are on-going except Medical Waste Regulation which is a pilot program; and WHEREAS the Fiscal Year 2012/2013 MDEQ Reimbursement Agreement reflected a total potential funding amount of $224,406; and WHEREAS the Fiscal Year 2013/2014 MDEQ Reimbursement Agreement reflects a total potential funding amount of $240,585, which is a $16,179 increase in potential funding from the previous agreement; and WHEREAS no personnel changes have been requested for the reimbursement programs at this time; and WHEREAS this Reimbursement Agreement has been submitted through the County Executive's Contract Review Process and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan Department of Environmental Quality Agreement in the total potential amount of $240,585, beginning October 1, 2013 through September 30, 2014. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approval of the above-referenced contract is specifically conditioned and premised upon the Department's concurrence in the terms and conditions contained in Addendum A of the Agreement, as mutually agreed to by the County and the Michigan Department of Environmental Quality. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes its Chairperson to execute this Agreement subject to the following additional condition: That the County's approval for entering into this Agreement is specifically conditioned and premised upon the acceptance, approval and execution of the Agreement and Addendum A by the Michigan Department of Environmental Quality, and that the failure of the Michigan Department of Environmental Quality to execute the Agreement as specified shall, without any further act of the Oakland County Board of Commissioners, automatically negate and void the County's approval and/or acceptance of this agreement as provided for in this resolution. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the Reimbursement Agreement and approve changes and extensions not to exceed fifteen percent (15%), which is consistent with the agreement as originally approved. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote. DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION FY 2013/2014 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY REIMBURSEMENT AGREEMENT ACCEPTANCE Each year the Oakland County Health Division (OCHD) enters into a contract with the Michigan Department of Environmental Quality (MDEQ) to carry out the following activities: Noncommunity Water Supply (Type II) The OCHD monitors water supplies that are not community owned but supply water to the general public through the course of doing business. Long-term Drinking Water Monitoring The OCHD collects water samples to monitor drinking water supplies in areas of known or suspected contamination as identified by DEQ. Testing is conducted in DEQ lab. Swimming Pool Program The OCHD makes inspections, monitors water sampling activities, mails results, and investigates complaints of swimming pools and spas that are open to the public in Oakland County. Septage Waste Program The OCHD will inspect land septage disposal sites annually and septage waste motor vehicles as licenses are renewed. Campground Inspections The OCHD inspects public campgrounds and facilities yearly for license renewal. This fiscal year MDEQ has added the following pilot project: Medical Waste Regulatory Inspections The OCHD will inspect a random sample of registered medical waste producers that function as small, relatively low volume producers of medical waste. GRANT REVIEW SIGN OFF — Health Division GRANT NAME: FY 2014 MDEQ — Local Health Department Agreement FUNDING AGENCY: Michigan Department of Environmental Quality DEPARTMENT CONTACT PERSON: Rachel Shymkiw 2-2151 STATUS: Grant Acceptance DATE: December 5,2013 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 place on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (11/26/2013) Department of Human Resources: Approved. — Karen Jones (11/26/2013) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (11/26/2013) Corporation Counsel: Approved. — Bradley G. Benn (12/5/2013) COMPLIANCE The grant agreement references an extensive number of federal and/or state regulations. Please refer to the agreement for specifically cited compliance requirements for this grant. From: VanPelt Lane To: West, Catherine Cc: Julie SecontIne; Karen Jones; Pat Davis; Shvmkiw. Rachel; forziev. Kathy; <drautztoMaknov.com > Subject: Re; GRANT REVIEW: Health & Human Services/Health Division - FY 2G14 MDEQ - Local Health Department Agreement - Grant Acceptance Date: Tuesday, November 26, 2013 2:55:49 PM Approved Sent from my iPhone On Nov 26, 2013, at 8:33 AM, "West, Catherine" <westca(Ci),Q.stavvxoyi> wrote: GRANT CONTRACT REVIEW FORM TO: REVIEW DEPARTMENTS Laurie Van Pelt Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Human Services/Health Division FY 2014 MDEQ— Local Health Department Agreement Michigan Department of Environmental Quality Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: December 5, 2013 GRANT INFORMATION Date: November 26, 2013 Operating Department: Human Services/Health Department Contact: Rachel Shymkiw Contact Phone: 2-2151 Document Identification Number: REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2013-September 30, 2014 New Facility Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): No MWDBE Requirements: Yes, Compliance with 40 CFR, Part 33 Funding Continuation/New: Continuation Application Total Project Amount: $240,585 From: To: Cc: Subject: Date: Jones, Karen "West, Catherine"; "Julie Secontine"; "Laurie VanPelt"; "Pat Davis" "Shymkiw. Rachel"; "Forzlev, Katnv"; drautztooakciov.corn RE: GRANT REVIEW: Health & Human Services/Health Division - FY 2014 MDEQ - Local Health Department Agreement - Grant Acceptance Tuesday, November 26, 2013 9:04:09 AM Approved. From: West, Catherine [rnallto:westca@oakgov.corn] Sent: Tuesday, November 26, 2013 8:33 AM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: Shymkiw, Rachel; Forzley, Kathy; drautzto@oakgov.com Subject: GRANT REVIEW: Health & Human Services/Health Division - FY 2014 MDEQ - Local Health Department Agreement - Grant Acceptance GRANT CONTRACT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Human Services/Health Division FY 2014 MDEQ— Local Health Department Agreement Michigan Department of Environmental Quality Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: December 5, 2013 GRANT INFORMATION Date: November 26, 2013 Operating Department: Human Services/Health Department Contact: Rachel Shyrnkiw Contact Phone: 2-2151 Document identification Number; REVIEW STATUS: Acceptance — Resolution Required Funding Period: October 1, 2013-September 30, 2014 New Facility Needs: None IT Resources (New Computer Hardware/Software Needs or Purchases): No MWDBE Requirements: Yes, Compliance with 40 CFR, Part 33 Funding Continuation/New: Continuation From: To: Cc: Subject: Date: Erlen beck. Robert 'West, Catherme"; "Julie Secontme"; "Karen Jones"; "Laurie VanPelt"; "Pat Davis" "Shvniklw. Rachel"; "Forzlev, Kathy"; drautzto0oakgov.com RE: GRANT REVIEW: Health 8.1. Human Services/Health Division - FY 2014 MDEQ - Local Health Department Agreement - Grant Acceptance Tuesday, November 26, 2013 3:49:33 PM Approved by Risk Management, R.E. From: Easterling, Terri [mailto:easterlingt@oakgov.com] Sent: Tuesday, November 26, 2013 3:13 PM To: 'West, Catherine', 'Julie Secontine'; 'Karen Jones'; 'Laurie VanPelt'; 'Pat Davis' Cc: `Shymkiw, Rachel'; 'Forzley, Kathy'; drautzto@oakgov.com Subject: RE: GRANT REVIEW: Health & Human Services/Health Division - FY 2014 MDEQ - Local Health Department Agreement - Grant Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Erlenbeck, (ext. 8-1694). If you have not done so already, please forward all related information, documentation, and correspondence, Also, please include Risk Management's assignment number, RM13-0421, regarding this matter. Thank you. From: West, Catherine [mailto:westcaaoakgov.corn] Sent: Tuesday, November 26, 2013 8:33 AM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: Shymkiw, Rachel; Forzley, Kathy; drautzto@aa gov.com Subject: GRANT REVIEW: Health & Human Services/Health Division - FY 2014 MDEQ - Local Health Department Agreement - Grant Acceptance GRANT CONTRACT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Human Services/Health Division FY 2014 MDEQ — Local Health Department Agreement Michigan Department of Environmental Quality Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: December 5, 2013 GRANT INFORMATION Date: November 26, 2013 From: To: Cc: Subject: Date: Been, Bradley G "ShymIclw Rachel"; "Katie West" "Drautz Tony"; "For7ley (Mgr.). Kathy"; "Miller. George" #2013-1101 FY2014 MDEQ Local Health Dept. Agreement - Water Supply Monitoring - Grant Acceptance Thursday, December 05, 2013 4:29:29 PM Approved. Bradley G. Benn Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road Bldg 14 East Courthouse West Wing Extension, 3rd Floor Pontiac, MI 48341-0419 Phone: (248) 858-0558 Fax: (248) 858-1003 Email: bennb@oakgov.com PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in any way. Individuals are advised that any cfissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550, Thank you for your cooperation. D E-'3 Local Health Department Grant Contract Between The Michigan Department of Environmental Quality And Oakland County Health Division This Grant Contract ("Contract") is made between the Michigan Department of Environmental Quality, (MDEQ), Office of Drinking Water and Municipal Assistance (ODWMA) ("State"), and Oakland County Health Division ("Grantee"). The purpose of this Contract is to provide funding in exchange for work to be performed for the project named below. The State is authorized to provide grant assistance pursuant to Michigan Safe Drinking Water Act, 1976, PA 399, as amended; Natural Resources and Environmental Protection Act, 1994, PA 451, as amended, Parts 117 and 201; Public Health Act, 1978, PA 368, as amended; and Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq. Legislative appropriation of Funds for grant assistance is set forth in Public Act 59 of 2013. This Contract is subject to the terms and conditions specified herein. Project Name: Local Health Department Grant Amount of Grant State: $ 230,380.00 Start Date (date executed by DEQ): October 1, 2013 GRANTEE CONTACT: Kathy Forzley, Health Officer Name/Title Oakland County Health Division Organizaton 1200 N. Telegraph Road, Dept. 432 Address Pontiac, Michigan 48341-0432 Address 248-858-1280 Telephone number 248-858-5639 Fax number forzleyk@oakgov.com E-mail address 38-6004876 Federal ID number Amount of grant: $ 240,585.00 Amount of Grant Federal: $ 10,205.00 End Date: September 30, 2014 STATE'S CONTACT: Christina Campbell Name/Title Office of Drinking Water and Municipal Assistance Division/Bureau/Office P.O. Box 30241 Address Lansing, Michigan 48909-7741 Address 517-284-6501 Telephone number 517-373-4797 Fax number campbellc@michigan.gov Email address The individuals signing below certify by their signatures that they are authorized to sign this Contract on behalf of their agencies and that the parties will fulfill the terms of this Contract, including any attached appendices, as set forth herein. FOR THE GRANTEE: Signature Name/Title FOR THE STATE: Signature Liane J. Shekter Smith, P.E., Chief, Office of Drinking Water and Municipal Assistance Name/Title Date Date I. PROJECT SCOPE This Contract and its appendices constitute the entire Contract between the State and the Grantee and may be modified only by written agreement between the State and the Grantee. (A) The scope of this project is limited to the activities specified in Appendix A and such activities as are authorized by the State under this Contract. Any change in project scope requires prior written approval in accordance with Section III, Changes, in this Contract. (B) By acceptance of this Contract, the Grantee commits to complete the project identified in Appendix A within the time period allowed for in this Contract and in accordance with the terms and conditions of this Contract. II. CONTRACT PERIOD Upon signature by the State, the Contract shall be effective from the Start Date until the End Date on page one. The State shall have no responsibility to provide funding to the Grantee for project work performed except between the Start Date and the End Date specified on page one. Expenditures made by the Grantee prior to the Start Date or after the End Date of this Contract are not eligible for payment under this Contract. III. CHANGES Any changes to this Contract shall be requested by the Grantee in writing and approved in writing by the State. The State reserves the right to deny requests for changes to the Contract or to the appendices. No changes can be implemented without approval by the State. IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS The Grantee shall submit deliverables and follow reporting requirements specified in Appendix A of this Contract. (A) The Grantee must complete and submit reports according to a form and format prescribed by the State. These reports shall be due according to the following: Reporting Period Due Date January 1 — March 31 April 30 April 1 — June 30 July 31 July 1 — September 30 Before October 10* October 1 — December 31 January 31 *Due to the State's year-end closing procedures, there will be an accelerated due date for the report covering July 1 — September 30. Advance notification regarding the due date for the quarter ending September 30 will be sent to the Grantee. If the Grantee is unable to submit a report in early October for the quarter ending September 30, an estimate of expenditures through September 30 must be submitted to allow the State to complete its accounting for that fiscal year. The forms provided by the State shall be submitted to the State's contact at the address on page one. (B) The Grantee shall provide a final project report in a format prescribed by the State. (C) The Grantee must provide all products and deliverables in accordance with Appendix A. 2 V. GRANTEE RESPONSIBILITIES (A) The Grantee agrees to abide by all local, state, and federal laws, rules, ordinances, and regulations in the performance of this grant. (B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of this grant is not a guarantee of permit approval by the State. (C) The Grantee shall be solely responsible to pay all taxes, if any, that arise from the Grantee's receipt of this grant. (D) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and coordination of all designs, drawings, specifications, reports, and other services furnished by the Grantee or its subcontractor under this Contract. The Grantee or its subcontractor shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in drawings, designs, specifications, reports, or other services. (E) The State's approval of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the technical adequacy of the work. The State's review, approval, acceptance, or payment for any of the services shall not be construed as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. (F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with the State for the purpose of obtaining this Contract or any payment under the Contract, and that any such filing may subject the Grantee, its agents, and/or employees to criminal and civil prosecution and/or termination of the grant. VI. USE OF MATERIAL Unless otherwise specified in this Contract, the Grantee may release information or material developed under this Contract, provided it is acknowledged that the State funded all or a portion of its development. The State retains an irrevocable license to reproduce, publish, and use in whole or in part, and authorize others to do so, any copyrightable material submitted under this grant whether or not the material is copyrighted by the Grantee or another person. The Grantee will only submit materials that the State can use in accordance with this paragraph. Unless otherwise specified in this Contract, the Grantee may not patent products or processes developed under this Contract. VII. ASSIGNABILITY The Grantee shall not assign this Contract or assign or delegate any of its duties or obligations under this Contract to any other party without the prior written consent of the State. The State does not assume responsibility regarding the contractual relationships between the Grantee and any subcontractor. 3 VIII. SUBCONTRACTS The State reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform any portion of the project. The Grantee is solely responsible for all contractual activities performed under this Contract. Further, the State will consider the Grantee to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be subject to the provisions of this Contract and shall be qualified to perform the duties required. IX. NON-DISCRIMINATION The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state, and local fair employment practices and equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Contract, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, or physical or mental disability that is unrelated to the individual's ability to perform the duties of a particular job or position. The Grantee agrees to include in every subcontract entered into for the performance of this Contract this covenant not to discriminate in employment. A breach of this covenant is a material breach of this Contract. X. UNFAIR LABOR PRACTICES The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended, MCL 423.321 et seq. XI. LIABILITY (A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or costs arising out of activities to be carried out by the Grantee under this Contract, if the liability is caused by the Grantee, any subcontractor, or anyone employed by the Grantee. (B) All liability as a result of claims, demands, costs, or judgments arising out of activities to be carried out by the State in the performance of this Contract is the responsibility of the State and not the responsibility of the Grantee if the liability is caused by any State employee or agent. (C) In the event that liability arises as a result of activities conducted jointly by the Grantee and the State in fulfillment of their responsibilities under this Contract, such liability is held by the Grantee and the State in relation to each party's responsibilities under these joint activities. (D) Nothing in this Contract should be construed as a waiver of any governmental immunity by the Grantee, the State, its agencies, or their employees as provided by statute or court decisions. XII. CONFLICT OF INTEREST No government employee, or member of the legislative, judicial, or executive branches, or member of the Grantee's Board of Directors, its employees, partner agencies, or their families shall benefit financially from any part of this Contract. 4 XIII. ANTI-LOBBYING If all or a portion of this Contract is funded with federal funds, then in accordance with OMB Circular A-21, A-87, or A-122, as appropriate, the Grantee shall comply with the Anti-Lobbying Act, which prohibits the use of all project funds regardless of source, to engage in lobbying the state or federal government or in litigation against the State. Further, the Grantee shall require that the language of this assurance be included in the award documents of all subawards at all tiers. If all or a portion of this Contract is funded with state funds, then the Grantee shall not use any of the grant funds awarded in this Contract for the purpose of lobbying as defined in the State of Michigan's lobbying statute, MCL 4.415(2). '"Lobbying' means communicating directly with an official of the executive branch of state government or an official in the legislative branch of state government for the purpose of influencing legislative or administrative action." The Grantee shall not use any of the grant funds awarded in this Contract for the purpose of litigation against the State. Further, the Grantee shall require that language of this assurance be included in the award documents of all subawards at all tiers. XIV. DEBARMENT AND SUSPENSION By signing this Contract, the Grantee certifies to the best of its knowledge and belief that it, its agents, and its subcontractors: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or the state. (2) Have not within a three-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, as defined in 45 CFR 1185; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (3) Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in subsection (2). (4) Have not within a three-year period preceding this Contract had one or more public transactions (federal, state, or local) terminated for cause or default. (5) Will comply with all applicable requirements of all other state or federal laws, executive orders, regulations, and policies governing this program. XV. AUDIT AND ACCESS TO RECORDS The State reserves the right to conduct a programmatic and financial audit of the project, and the State may withhold payment until the audit is satisfactorily completed. The Grantee will be required to maintain all pertinent records and evidence pertaining to this Contract, including grant and any required matching funds, in accordance with generally accepted accounting principles and other procedures specified by the State. The State or any of its duly authorized representatives must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. The Grantee will provide 5 proper facilities for such access and inspection. All records must be maintained for a minimum of five years after the final payment has been issued to the Grantee by the State. XVI. INSURANCE (A) The Grantee must maintain insurance or self-insurance that will protect it from claims that may arise from the Grantee's actions under this Contract or from the actions of others for whom the Grantee may be held liable. (B) The Grantee must comply with applicable workers' compensation laws while engaging in activities authorized under this Contract. XVII. OTHER SOURCES OF FUNDING The Grantee guarantees that any claims for reimbursement made to the State under this Contract must not be financed by any source other than the State under the terms of this Contract, If funding is received through any other source, the Grantee agrees to delete from Grantee's billings, or to immediately refund to the State, the total amount representing such duplication of funding. XVIII. COMPENSATION (A) A breakdown of costs allowed under this Contract is identified in Appendix A. The State will pay the Grantee a total amount not to exceed the amount on page one of this Contract, in accordance with Appendix A, and only for expenses incurred. All other costs necessary to complete the project are the sole responsibility of the Grantee. (B) Expenses incurred by the Grantee prior to the Start Date or after the End Date of this Contract are not allowed under the Contract, unless otherwise specified in Appendix A. (C) The State will approve payment requests after approval of reports and related documentation as required under this Contract. (D) The State reserves the right to request additional information necessary to substantiate payment requests. (E) Payments under this Contract may be processed by Electronic Funds Transfer (EFT). The Grantee may register to receive payments by EFT at the Contract & Payment Express Web Site (http://www.cpexpress.state.mi.us ). XIX. CLOSEOUT (A) A determination of project completion, which may include a site inspection and an audit, shall be made by the State after the Grantee has met any match obligations, satisfactorily completed the activities, and provided products and deliverables described in Appendix A. (B) Upon issuance of final payment from the State, the Grantee releases the State of all claims against the State arising under this Contract. Unless otherwise provided in this Contract or by State law, final payment under this Contract shall not constitute a waiver of the State's claims against the Grantee. (C) The Grantee shall immediately refund to the State any payments in excess of the costs allowed by this Contract. 6 )0C CANCELLATION This Contract may be canceled by the State, upon 30 days written notice, due to Executive Order, budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual agreement by the State and Grantee. The State reserves the right to provide just and equitable compensation to the Grantee for all satisfactory work completed under this Contract. )0(1. TERMINATION (A) This Contract may be terminated by the State as follows. (1) Upon 30 days written notice to the Grantee: a. If the Grantee fails to comply with the terms and conditions of the Contract, or with the requirements of the authorizing legislation cited on page one or the rules promulgated thereunder, or other applicable law or rules. b. If the Grantee knowingly and willingly presents false information to the State for the purpose of obtaining this Contract or any payment under this Contract. c. If the State finds that the Grantee, or any of the Grantee's agents or representatives, offered or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of the State in an attempt to secure a subcontract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract. d. During the 30-day written notice period, the State shall also withhold payment for any findings under subparagraphs a through c, above. e. If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in the register of persons engaging in unfair labor practices that is compiled by the Michigan Department of Labor and Economic Growth or its successor. (2) Immediately and without further liability to the State if the Grantee, or any agent of the Grantee, or any agent of any subcontract is: a. Convicted of a criminal offense incident to the application for or performance of a State, public, or private contract or subcontract; b. Convicted of a criminal offense, including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or attempting to influence a public employee to breach the ethical conduct standards for State of Michigan employees; c. Convicted under State or federal antitrust statutes; or d. Convicted of any other criminal offense that, in the sole discretion of the State, reflects on the Grantee's business integrity. e. Added to the federal or state Suspension and Debarment list. (B) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a portion of funds received under this Contract. XXII. FEDERAL FUNDING REQUIREMENTS A maximum of $ 10,205.00 or .04% of total disbursements is funded with Federal Funding. See Program Funding Section XXXII for funding by individual program. By accepting this Contract, the Grantee agrees to comply with the requirements of the Statutory Authority and the requirements found in the Regulatory Authority found in the Program Funding Section XXXII. These regulations include, but are not limited to the following: 7 (A) Grantees receiving $500,000 or more in federal funds in their fiscal year shall have a single audit performed in compliance with OMB Circular A-133, Revised June 24, 1997, "Audits of State, Local Governments, & Non-Profit Organizations. This audit must be performed and copies provided to the appropriate agencies within nine months from the end of the grantee's fiscal year. The Grantee must submit a copy of the Audit Report to the Michigan Department of Environmental Quality at the following address: Michigan Department of Education Office of Audits P.O. Box 30008 Lansing, MI 48909 Or, the grantee may also submit the single audit report electronically to the Michigan Department of Treasury website (http://www.michioan.gov/treasury/0,1607,7-121-1751 31 038-- -,00.html.). It is the responsibility of the Grantee to report the expenditures related to this grant on the Grantee's annual Schedule of Expenditures of Federal Awards. (B) The Grantee agrees to fulfill conditions that the Federal Government has imposed on the State as a condition of federal funding as indicated herein and in all appendices. (C) The Grantee will comply with the Hatch Political Activity Act, as amended, 5 USC §§ 1501- 1508, and the Intergovernmental Personnel Act of 1970 as amended by Title (6) of the Civil Service Reform Act, 42 USC § 4728, which states that employees working in programs financed with federal grants may not be a candidate for elective public office in a partisan election, use official authority or influence to affect the result of an election, or influence a state or local officer to provide financial support for a political purpose. XXIII. CONSULTANT CAP Payment to consultants, EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjust annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2012, the limit is $596.00 per day and $74.50 per hour. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Sub agreements with firms for services which are awarded using the procurement requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provided the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b). XxIV. COPYRIGHTED MATERIAL In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other recipients, EPA has the right to reproduce, publish, use and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. Examples of a federal purpose include but are not limited to: 8 (1) Use by the EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g., software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as "co-regulators" or act as official partners with the EPA to carry out a national environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of the EPA's authorization to the other grantee to use the copyrighted works or other data. Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the copyrighted works or other data developed under this grant as a result of: a. The selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b. Termination or expiration of this agreement. In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such use promotes efficient and effective use of Federal grant funds. XXV. DRUG-FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200-36.230. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provision set forth in Title 40 CFR 36.300 The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at: http://ecfr.opoaccess.govicgi/t/text/text-idx?c=ecfr&tpl=iecfrbrowse/Title40/40cfr36 main 02.tpl Disadvantage Business Enterprise Rule (DBE) The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises (MBENVBE) in procurement under assistance agreements, contained in 40 CFR, Part 33. 9 XXVI. MBE/WBE REQUIREMENTS In accordance with the USEPA's Program for Utilization of Small, Minority and Women's Business Enterprises (MBENVBE) in procurement under assistance programs, contained in 40 CFR, Part 33, Subpart C, the Grantee agrees to: (1) Accept the applicable "fair share" goals negotiated with USEPA by the Michigan Department of Environmental Quality as follows: MBE 2% WBE 6°/0 Pursuant to 40 CFR, Section 33.301, the recipient agrees to the following good faith efforts whenever procuring construction, equipment, services and supplies under this agreement, and to ensure that sub-recipients, loan recipients and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure Disadvantaged Business Enterprises (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, whether the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes whenever possible, positing solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce in finding DBEs. (1) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. The reports must be submitted annually to the Project Manager for the period ending September 30. Final MBENVBE reports must be submitted within 90 days after the project period of the grant ends. EPA Form 5700-52A may be obtained from the program manager or on the Internet at www.epa.gov/oqd/forms/forms.htm 10 The recipient agrees to comply with the contract administrations provisions of 40 CRF, Section 33.302, which establishes that a prime contractor must pay its subcontractor by 30 days after the grant recipient has made payment. XXVII. PROCUREMENT OF RECYCLED PRODUCTS Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. XXVIII. RECYCLED PAPER In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January, 24, 2007,) the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of the agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms which are printed on recycled paper and are available through the General Services Administration. )(XIX. SMALL BUSINESS IN RURAL AREAS By accepting this agreement, the recipient agrees to comply with Section 129 of Public Law 100-590, the Small Business Administration reauthorization and Amendment Act of 1988. Therefore, if the recipient awards a contract under this assistance agreement, it will utilize the following affirmative steps relative to Small Business in Rural Areas (SBRAs): a. Placing SBRAs on solicitation lists: b. Ensuring the SBRAs are solicited whenever they are potential sources; c. Dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; d. Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs. e. Using the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate; and f. Requiring the contractor, if it awards subcontracts, to take the affirmative steps in subparagraphs a. through e. of this condition. XXX. HOTEL-MOTEL FIRE SAFETY Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://vvww.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FE MA ID is currently not required), or to find other information about the Act. 11 XXXI. SUBAWARDS (A) The recipient agrees to: (1) Establish all subaward agreements in writing; (2) Maintain primary responsibility for ensuring successful completion of the EPA-approved project (this responsibility cannot be delegated or transferred to a subrecipient); (3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular A-133 and are not used to acquire commercial goods or services for the recipient; (4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs are necessary, reasonable, and allocable; (5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying activities; (6) Monitor the performance of their recipients and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the subaward; (7) Obtain EPA's consent before making a subaward to a foreign or internationa l organization, or a subaward to be performed in a foreign country; and (8) Obtain approval from EOA for any new subaward work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31,30, as applicable. (B) Any questions about subrecipient eligibility or other issues pertaining to subawards should be addressed to the recipient's EPA Project Officer. Additional information regarding subawards may be found at http://www.epa.qov/oqd/quide/subaward-policy-part-2.pdf Guidance for distinguishing between vendor and subrecipient relationships and ensuring compliance with Section (a)-(d) of OMB Circular A-133 can be found at http://www.eba.dov/odd/duide/subawards-appendix-b.pdf and http://www.whitehouse.govisites/defaultifiles/omb/assets/al 33/al 33 revised 2007.pdf (C) The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward competitions. 12 PROJECT-SPECIFIC REQUIREMENTS — APPENDIX A Title to equipment or other nonexpendable personal property supported in whole or in part by the State with categorical funding and having a unit acquisition cost of less than $5,000 shall vest with the Grantee upon acquisition. The State reserves the right to retain or transfer the title to all items of equipment and nonexpendable personal property having a unit acquisition cost of $5,000 or more to the extent that it is determined that the State's proportionate interest in such equipment and personal property supports such retention or transfer of title. The Grantee, if a Local Health Department, shall comply with the local public health accreditation standards and follow the accreditation process and schedule established by the Michigan Department of Community Health (MDCH) to achieve full accreditation status. A Grantee designated as "not accredited" may have their State allocations reduced for costs incurred in the assurance of service delivery. 13 )00U1 PROGRAM FUNDING Program A - Noncommunity (Type II) Public Drinking Water Supply: 1. Standard/Operator Assistance - Amount $ 149,760.00; Funding Source: State Restricted for Standard; Amount $ 143,005.00; Federal Funding for Operator Assistance; Amount $ 6,755.00. The Catalog of Federal Domestic Assistance (CFDA) title is "State Drinking Water Revolving Loan Fund Program", and the CFDA number is 66. 468. The Federal Grant Number is FS97548711 and the grant is funded with Federal funds from the EPA awarded in 2011. By accepting this contract, the grantee agrees to comply with the requirements of the Safe Drinking Water Act, Sec. 1419(d) Amended 1996, PL 104-182 and the requirements found in the regulatory authority 40 CFR PART 31. 2. Capacity Development — Amount $ 3,450.00; Funding Source: Federal Funding. The Catalog of Federal Domestic Assistance (CFDA) title is "State Drinking Water Revolving Loan Fund Program", and the CFDA number is 66.468. The Federal Grant Number is FS97548712 and the grant is funded with Federal funds from the EPA awarded in 2012. By accepting this contract, the grantee agrees to comply with the requirements of the Safe Drinking Water Act, Sec. 1419(d) Amended 1996, PL 104-182 and the requirements found in the regulatory authority 40 CFR PART 31.& 35, subpart L. Program B - Drinking Water Long-Term Monitoring: Amount $ 30,000.00; Funding Source: State Restricted Program C - Great Lakes Beach Monitoring: Amount $ 0.00; Funding Source: Federal Funding. The Catalog of Federal Domestic Assistance (CFDA) title is "Beach Monitoring and Notification Program Grant", and the CFDA number is 66.472. The Federal Grant Number is CU00E99304 and the grant is funded with Federal Funds from the EPA awarded in 2013. By accepting this contract, the grantee agrees to comply with the requirements of the Beaches Environmental Assessment and Coastal Health Act of 2000, PL 106-284 and the requirements found in the regulatory authority 40 CFR PART 31, Program D - Public Swimming Pools: Amount $ 28,500.00; Funding Source: State Restricted Program E Septage Waste: Amount $ 3,350.00; Funding Source: State Restricted Program H - Campgrounds: Amount $ 525.00; Funding Source: State Restricted Program I - Medical Waste: Amount $ 25,000.00; Funding Source: State Restricted 14 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF DRINKING WATER AND MUNICIPAL ASSISTANCE LOCAL HEALTH DEPARTMENT GRANT CONTRACTS FUNDING BY PROGRAM OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 Local Health Department Program A Program B Program C Program D Program E Program H Program I Total Contract NonCommunity Water Drinking Water Monitoring Beach Monitoring Swimming Pools Septage Campground Medical Waste Allegan County LHO $47,698 $5,500 $0 $2,900 $2,400 $775 $5,000 $64,273 Barry-Eaton District LHD $46,946 $3,500 $2,300 $1,700 $800 $5,000 $60,246 Bay County LHD $1,702 $0 $0 $1,900 $0 $200 $3,802 nenzie-Leelanau District LHD $40,062 $400 $0 $1,500 $4,000 $750 $46,712 Berrien County LHO $26,886 $5,200 $2,600 $4,900 $2,300 $475 $0 $42,361 Branch-Hillsdale-St Joseph District LHD $44,222 $1,300 $0 $1,300 $3,100 $1,550 $5,000 $56,472 Calhoun Countg._ED $29,093 $2,600 $0 $2,700 $0 $0 $0 $34,393 Central Michigan District LHD $112,356 $4,000 $10,400 $3,100 $9,200 $2,350 $0 $141,406 Chippewa County LHD $20,339 $200 $2,600 $1,000 $2,300 $650 $0 $27,089 Delta-Menominee District LHD $18,166 $200 $0 $700 $5,200 $575 $0 $24,841 Institute of Population Health $0 $0 $o $2,500 $a $0 $0 $2,600 Dickinson-Iron District LF1D $10,442 $200 $0 $700 $900 $600 $0 $12,842 District Health Department No, 2 $56,367 $2,500 $5,200 $1,100 $4,600 $1,475 $71,242 District Health Department No, 4 $51,106 $3,200 $2,600 $3,400 $8,700 $1,450 $70,456 District Health Department No, 10 $156,604 $3,400 $0 $5,400 $11,000 $6,125 $5,000 $187,529 Genesee County LHD $84,724 $1,200 $0 $5,600 $0 $225 $0 $91,749 Grand Traverse County LIED $27,405 $900 $3,000 $650 $525 $0 $32,480 City of Holland Dept. of Environmental Health $0 $0 $0 $o $a $0 $0 $0 Huron County LHD $17,925 $600 $0 $800 $3,800 $700 $0 $23,825 Ingham County LHD $19,571 $700 $5,600 $0 $250 $0 $26,121 Ionia County LHD $22,310 $500 $0 $500 $200 $250 $5,000 $28,760 Jackson County LHD $43,388 $3,600 $0 $2,100 $800 $775 $0 $50,663 County of Kalamazoo (Human Svcs Dept.) Kent County LHD $33,495 $3,700 $5,800 $0 $225 $0 $43,220 $62,383 $1,400 $a $12,000 $0 $450 $0 $76,233 Lapeer County LHD $44,280 $0 $0 $900 $1,600 $500 $0 $47,280 Lenawee County LHD $31,398 $400 $0 $800 $2,200 $475 $0 $35,273 Livingston County LHD $98,432 $12,500 $0 $2,100 $1,250 $275 $5,000 $119,557 Luce-Mackinac-Aiger-Schoolcraft District $46,094 $600 $5,200 $2,600 $2,600 $1,775 $0 $58,869 Macomb County LHD $21,365 $900 $0 $11,100 $000 $100 $o $34,365 Marquette County LHD $12,306 $300 $0 $1,400 $1,550 $450 $0 $16,006 Marquette, City of $0 $0 $a $0 $0 $0 $0 $0 Mid-Michigan District LED $60,036 $1,100 $2,000 $6,300 $775 $5,000 $75,211 Midland County LHD $8,172 $2,100 $0 $1,600 $2,350 $200 $0 $14,422 Monroe County LED $19,183 $400 $2,600 $2,500 $2,000 $425 $0 $27,108 Muskegon County LHD $32,164 $2,200 $3,300 $1,300 $575 $5,000 $44,539 Northwest Michigan Community $86,491 $3,600 $0 $6,600 $14,000 $1,300 $0 $110,991 Oakland County LHD $153,210 $30,000 $0 $28,500 $3,350 $525 $25,000 $240,585 Ottawa County LHD $41,763 $800 $2,600 $5,400 $1,700 $625 $0 $52,788 Saginaw County LHD $7,953 $500 $0 $3,300 $2,200 $200 $0 $14,153 Saint Clair County LHD Sanilac County LEL $14,806 $0 $13,000 $2,300 $1,200 $350 $0 $31,656 $13,966 $800 $0 $300 $0 $300 $0 $15,366 Shiawassee County LHD $30,473 $4,200 $0 $600 $1,700 $200 $0 $37,173 Tuscola County LHD $16,181 $900 $0 $300 $300 $225 $0 $17,906 University of Michigan $0 $0 $0 $200 $0 $0 $0 $200 Van Buren-Cass District LED $45,082 $0 $0 $2,600 $4,500 $1,660 $0 $53,732 Washtenaw County LHD Watershed CE Grand Traverse Bay, The $48,646 $1,700 $0 $9,400 $850 $275 $0 $60,871 $0 $0 $0 $0 $0 $0 $0 $0 Wayne County LED Wayne State University $2,128 $0 $5,200 $18,000 $1,200 $150 $0 $26,678 $0 $0 $0 $100 $0 $0 $0 $100 Western UP District $21,221 $700 $0 $1,400 $2,200 $925 $0 $26,446 . .. . • . ...... .. - : . .. . .. .. . '..: : . .!.::. FY.14 Total .. , • " " • :-$2,360 o MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF DRINKING WATER AND MUNICIPAL ASSISTANCE NONCOMMUNITY (TYPE II) PUBLIC DRINKING WATER SUPPLY PROGRAM PROGRAM A OCTOBER 1,2013 THROUGH SEPTEMBER 30, 2014 A. Statement of Purpose This agreement is intended to establish responsibilities for both the Grantee and the State in the conduct of complete noncommunity water supply program services required under the Safe Drinking Water Act, 1976 PA 399, as amended, and the Administrative Rules, hereinafter referred to as "Act 399." B. Program Budget and Agreement Amount The Grantee will be paid on a quarterly basis for work in the noncommunity drinking water program. The agreement amount maximum is provided in the Program A Allocation Schedule. All requests for payment must be submitted by the Grantee to the State as described in F. Reimbursement Schedule, C. Requirements-Grantee The Grantee shall perform the following services including but not limited to: 1 Conduct sanitary surveys, issue water well permits, and have inspections for compliance or enforcement purposes performed by qualified individuals classified as sanitarians or equivalent. 2. Assign one individual to be responsible for operational training and reporting aspects of this agreement and to coordinate communication with the assigned State staff. 3. Maintain a current inventory of all noncommunity public water supplies within its jurisdiction using the WaterTrack (WT) Data System. 4. Provide program oversight for required water quality monitoring and reporting at noncommunity public water supplies in accordance with Act 399. The water supply owner shall be advised of the applicable monitoring requirements at the time of completion of a sanitary survey or final approval of a water well permit or the effective date of the requirement. Notices of violation of required monitoring, maximum contaminant level (MCL) violations, or the occurrence of unregulated compounds shall be provided to the owner and the State in a timely manner. Notices of violation shall include the contaminant, public health effects information, specific precautionary measures, and public notice requirements where applicable, as required in Act 399. 5. Insure that repeat samples are collected promptly where initial sample results indicate a potential violation of state drinking water standards or where the sample analyses are unreliable due to overgrowth, excessive transit time, or where the presence of organic chemical contamination is indicated. 6. Complete sanitary surveys on a minimum of 20 percent of the number of noncommunity public water supplies on the contract inventory so that each supply is surveyed every 5 years. 7. Conduct sanitary survey inspections by performing an on-site evaluation of noncommunity public water supplies at regular intervals in accordance with procedures established by the State. An accurate and complete sanitary survey form, water well record where available, and transmittal letter to the owner regarding compliance status and monitoring requirements shall be considered a completed sanitary survey as required in Act 399. 8. Provide a notification to the owners of a noncommunity public water supply found to be in noncompliance that includes the deficient items, outlines corrective action, establishes a specific time schedule for making corrections, and establishes an appropriate monitoring schedule, interim precautionary measures, or public notice requirements, where applicable. 9. Conduct a reinspection within 10 days of the expiration date of the compliance schedule to ensure that all violations have been corrected and provide documentation of the results of the reinspection to the owner. If compliance has not been achieved, initiate enforcement in accordance with procedures established by the State. 10. Consult with the State in situations where the noncommunity public water supply provides treatment for public health purposes, utilizes a surface water source, or is found to be providing water that exceeds a MCL or contains unregulated organic compounds. Assist treatment operators, review operation reports, and conduct surveillance visits as required. 11. Take prompt action to protect the public health and pursue compliance with applicable construction, public notice, and water quality standards when an inspection establishes that sewage, surface water, chemicals, or other serious contamination can gain entrance into the noncommunity public water supply or there is a confirmed MCL violation. 12. Review permit applications and issue permits prior to the construction of any new or altered noncommunity water well as required in Act 399 and in accordance with procedures established by the State. Noncommunity well permits shall be issued on forms provided by the State. 13. Complete a review of the Capacity Development Application to determine if each new nontransient noncommunity water system demonstrates adequate technical, managerial, and financial capacity in accordance with procedures established by the State prior to authorizing construction of the water system. Withhold the construction permit if the owner does not demonstrate adequate capacity in accordance with procedures established by the State. 14. Perform at least one postconstruction inspection of all new noncommunity water wells for which a permit has been issued. Final inspection and authorization for use of the noncommunity public water supply by the public shall be accomplished in accordance with Act 399 and procedures established by the State. 15. Provide the well owner with notification of the results of the final inspection report and status of compliance and establish the appropriate future monitoring schedule as required in Act 399. 16. Obtain requests for deviations from suppliers of water where necessary and evaluate and approve or deny deviations prior to the construction in accordance with procedures established by the State and as required in Act 399. 17, Provide technical assistance to noncommunity owners and certified operators for noncommunity systems and program oversight for noncommunity owners to maintain compliance with operator certification requirements where applicable. 18. Local entities interested in providing continuing education for certified operators shall: a. Obtain initial prior approval from the DEQ Noncommunity & Private Drinking Water Supplies Unit (NPDWSU) certified operator coordinator. b. Use the State prepared training modules. c. Distribute and collect evaluation forms from the operators at each session. d. Submit the evaluation forms and participant rosters to the DEQ NPDWSU certified operator coordinator after each training session is completed. 19. Maintain appropriate noncommunity program records, including sanitary surveys, water well permits, records of water sampling, and correspondence as required in Act 399. Maintain individual noncommunity public water supply files indexed according to water supply serial number for each inventoried noncommunity water supply. 20. Maintain records for reporting water quality monitoring violations, sanitary survey inspections and compliance status, issuance of water well permits, MCL violations, and issuance of public notice. Requests for payment shall be submitted upon completion of violation determinations and required WaterTrack data entry no later than 15 days following the end of the quarter. 21. Notify noncommunity public water supply owners regarding monitoring requirements that includes language clearly stating that they may use any certified drinking water laboratory, including the DEQ laboratory, for compliance monitoring. D. Requirements-State The State shall perform the following services including, but not limited to: 1. Provide noncommunity public water supply data and WaterTrack Data System information upon request of the Grantee. 2. Provide designated local entities with slide presentations and master copies of materials to be used if they choose to present certified operator continuing education. Provide train the trainer workshops and ongoing assistance as needed. Notify operators of the local entities that are continuing education providers. Provide local entities with operator lists upon request. Provide additional training opportunities if needed to insure statewide coverage. 3. Provide training and guidance to the Grantee in the form of procedural manuals, rules, policies, handouts, training meetings, joint inspections, and consultations. 4. Provide necessary forms or a data management program for sanitary survey reports, water well permits, capacity development, water quality monitoring, reporting of violations, and maintaining survey frequencies. 5. Provide program consultation and direct staff assistance where necessary in pursuing compliance with applicable construction, monitoring, treatment, public notice, and water quality standards. 6. Provide administrative oversight of the Grantee's noncommunity program to determine whether the work performed is satisfactory according to the terms and conditions of the agreement. 7. Assess the status of the Grantee's noncommunity water supply program relative to meeting the agreement requirements and overall program goals, and provide a report outlining the assessment with an opportunity for Grantee input. 8. Provide for the analyses of water samples at the DEQ Laboratory. Payment of laboratory fees for the analyses of water samples required through the provisions of this agreement will be the responsibility of the water supply owner. 9. Provide a listing of all laboratories certified to perform drinking water analyses in Michigan. 10. State contact for noncommunity water supply certified operator continuing education is Holly Gohlke, Certified Operator Coordinator. She may be contacted at 989-705-3422; at gohlkeh@michigan.gov ; or at DEQ, 2100 West M- 32, Gaylord, Michigan 49735. 11. State contact for Program A is Dana DeBruyn, Noncommunity & Private Drinking Water Supplies Unit Chief. She may be contacted at 517-284-6524; at debruynd©michigan.gov; or at DEQ — Noncommunity Drinking Water, P.O. Box 30241, Lansing, Michigan 48909-7741. E. Performance/Progress Report Requirements At the end of each quarter, the Grantor is responsible for quarterly reporting. This includes completion of violation determinations, documentation of enforcement and follow up actions on violations, sanitary survey updates, and other required WaterTrack data entry. Deadline is no later than 15 days following the end of the quarter. After WaterTrack data entry is reviewed by the State, a payment request will be processed. See F. Reimbursement Schedule. F. Reimbursement Schedule Program Activity Allocation Basis Payment Request Standard (STANDARD AMT) Inventory based on active transient and nontransient noncommunity water supplies (TNCWS & NTNCWS) in WaterTrack (WT). E-mail request for payment to address below.* Payment subject to DEQ performance review verification. Treatment Operator Assistance (OPER ASST) Inventory based on active TNCWS & NTNCWS required to submit monthly operation reports. Request for payment is included with Standard Activity request.* Additional request not required, as this is reviewed on an annual basis, as part of the Minimum Program Requirement Annual Review. Capacity Development (CAP DEV MA)() Service based on $150 per completed assessment for new NTNCWS. E-mail request for payment and submit WT report of completed capacity assessment to address below.* *E-mail request for payment to DEQ-WaterTrack@miciAan.gov within 15 days after the end of each quarter. Treatment Operator Assistance reimbursement is inventory based and will be included with the standard payment allocation. Capacity Development reimbursement is prompted by the e-mail including the NTNCWS facility that has a completed Capacity Development Assessments in WT. The Fourth Quarter payment will be made by the State upon the Grantee's fulfillment of its responsibilities under this agreement. G. Accountability The Grantee shall maintain adequate accounting and employee activity records to reflect that all funds granted under this contract have been expended for the program activities as approved by the State. These records shall be made available upon request for audit by the State. Records will be retained by the Grantee until an audit has been completed by the State or permission has been granted by the State to dispose of the records. PROGRAM A - ALLOCATION SCHEDULE NONCOMMUNITY WATER SUPPLY OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 LOCAL ENTITY TN NT STANDARD AMT BW D F OPER ASST CONTRACT AMOUNT PER QUARTER STD PAYMT ALLEGAN 209 38 $ 45,824 1 4 0 $ 974 $ 46,798 $ 11 ,699 BARRY-EATON BAY 222 33 $ 45,540 0 3 0 $ 656 $ 46,197 $ 11,549 ME 0 $ 1,702 0 0 0 $ $ 1,702 $ 426 BENZlE-LEELANAU 187111E1 $ 35,893 0 17 0 $ 3,719 $ 39,612 $ 9,903 BERRIEN gem 16 $ 26,388 2 0 0 $ 198 $ 26,586 $ 6,646 BRANCH-HILLS-ST.JOE 183 36 41,284 0 10 0 $ 2,188 $ 43,472 $ 10,868 CALHOUN 1 03 31 $ 27,807 111113 0 $ 536 $ 28,343 $ 7,086 CENTRAL MICH. 552 $ 108,956 0 8 0 $ 1,750 $ 110,706 $ 27,677 CHIPPEWA IIIDE 6 $ 19,720 0 0 1 $ 469 $ 20,189 $ 5,047 DELTA-MENOMINEE 76 ME $ 16,741 0 3 1 $ 1,125 $ 17,866 $ 4,466 DETROIT 0 0 $ - 0 0 0 $ - $ - $ - DICKINSON-IRON MC 6 $ 10,073 0 1 0 $ 219 $ 10,292 $ 2,573 DISTRICT #2 NM 26 $ 55,329 011E 0 $ 438 $ 55,767 $ 13,942 DISTRICT #4 . 278 26 $ 50,506 $ 153,929 0 0 0 $ - $ 875 $ 50,506 $ 154,804 $ 12,626 $ 38,701 DISTRICT #10 845 80 0 4 0 GENESEE IMEMI 66 $ 75,333 9 0 $ 7,891 $ 83,224 $ 20,806 GRAND TRAVERSE MED 21 $ 26,955 0 0 0 $ $ 26,955 $ 6,739 HOLLAND 0 0 $ - 0 0 0 $ - - $ - HURON 83 10 $ 16,031 0 NE 2 $ 1,594 $ 17,625 $ 4,406 INGHAM IONIA 74 19 $ 18,585 1 2 0 $ 536 $ 19,121 $ 4,780 85 22 $ 21,422 0 2 0 $ 438 $ 21,860 $ 5,465 JACKSON 191 36 $ 42,419 011.1 0 $ 219 $ 42,638 $ 10,659 $ 8,224 KALAMAZOO 11101.11 $ 31,921 1 4 0 $ 974 $ 32,895 KENT 286 47 $ 60,576 1 3 0 $ 755 $ 61,334 ; $ 15,333 LAPEER 24811111 $ 42,419 No 6 0 $ 1 ,411 $ 43,831 $ 10,958 LENAWEE 139 25 $ 30,360 0 2 0 $ 438 $ 30,798 $ 7,699 LIVINGSTON 282 120 $ 91,081 5 19 0 $ 4,651 $ 95,732 $ 23,933 LMAS 270 14 $ 44,263 0 $ 1,531 $ 45,795 $ 11,449 MACOMB 19 $ 18,727 $ 11,350 IN 0 $ 2,188 $ 20,914 $ 5,229 MARQUETTE 111111 0 3 0 $ 656 $ 12,006 $ 3,001 MIDLAND MID-MICHIGAN $ 7,803 $ 58,450 0 1 0 $ 219 $ 8,022 $ 2,005 $ 14,747 268 48 1 0 $ 536 $ 58,987 MONROE MUSKEGON 63 IMEI $ 16,883 0 111 1 $ 2,000 $ 18,883 $ 4,721 162 20 $ 31,495 0 1 0 $ 219 $ 31,714 $ 7,928 NORTHWEST 407 61 $ 83,703 0 111EI 0 $ 438 $ 84,141 $ 21,035 OAKLAND 555 NM $ 143,005 EE 25 0 $ 6,755 $ 149,760 $ 37,440 OTTAWA 187 NM 40,575 011E1 0 $ 438 $ 41,012 $ 10,253 SAGINAW 34 $ 7,803 0 0 0 $ - $ 7,803 $ 1,951 SAiNT CLAIR 88 $ 14,187 0 0 1 $ 469 $ 14,656 $ 3,664 SANILAC 67 $ 12.910 0 2 1 $ 906 : $ 13,816 $ 3,454 SHIAWASSEE 125 $ 28,800 2 4 0 $ 1,073 $ 29,873 $ 7,468 TUSCOLA 89 $ 16,031 0 0 0 $ - $ 16,031 $ 4,008 - VAN BUREN /CASS 234IE $ 44,263 0 1 0 $ 219 $ 44,482 $ 11,121 , WASHTENAW 177 $ 45,966 1 7 0 $ 1,630 $ 47,596 $ 11,899 WAYNE 12 1 2,128 0 0 0 $ - $ 2,128 $ 532 WESTERN U.P. .120 4 $ 18,727 0 0 5 $ 2,344 $ 21,071 I $ 5,268 TOTAL 8323 1323 $ 1,743,866 39 202 12 $ 53,672 1,797,538 I $ 449,384 Allocation Amounts 141.87 2014 Fiscal Year Reimbursement per Unit 98.96 BW = Number of systems under Arsenic bottled water agreement 218.75 0 = Number of systems with limited treatment classification at D level 468.75 F = Number of systems with complete treatment classification at F level 150.00 CAP DEV MAX (Capacity Development Maximum Allocation) = NT"15°,43 9646 Total Active Systems in WaterTrack as of: 9112/2013 TN = Transient Noncommunity System NT = Nontransient Noncommunity System Standard Amount Calculation = (Transient Systems)"(3xNontransient Systems)*Fiscal Year Reimbursement per Unit Operator Assistance Calculation = BW Allocation + D Allocation + F Allocation Contract Amount = Standard Amount + Operator Assistance CAP DEV MAX $ 900 $ 750 $ 450 $ 300 $ 750 $ 750 $ 1,650 $ 150 $ 300 $ 150 $ 600 $ 600 $ 1,800 $ 1,500 $ 450 $ 300 $ 450 $ 450 $ 750 $ 600 $ 1,050 $ 450 $ 600 $ 2,700_ 300 450 300 $ 150 $ 1,050 $ 300 450 1,350 3,450 750 150 $ 150 $ 150 $ 600 $ 150 $ 600 $ 1,050 $ 150 $ 30,000 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF DRINKING WATER AND MUNICIPAL ASSISTANCE DRINKING WATER LONG-TERM MONITORING PROGRAM PROGRAM B OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 A. Statement of Purpose This agreement is intended to establish responsibilities for both the Grantee and the State in the conduct of completing work for drinking water long-term monitoring. Funding is approved under Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. B. Program Budget and Agreement Amount The Grantee will be reimbursed at a rate of $40 for each water well sampled per sample event and associated work. The State will also reimburse the Grantee for all reasonable costs associated with transmitting the water samples/forms to the Department of Environmental Quality (DEQ), Drinking Water Laboratory (Laboratory). The agreement amount maximum is provided in the Program B Allocation Schedule. All requests for payment must be submitted by the Grantee to the State as described in F. Reimbursement Schedule. C. Requirements-Grantee The Grantee shall perform the following services including, but not limited to: 1. Provide qualified staff for completion of all of the required activities. 2. Collect samples from the drinking water wells identified by the State on the Drinking Water Monitoring List (List). The samples must be collected within the sample collection period prescribed by the State while maintaining a minimum time period between collections. The minimum time periods between collections are as follows: MONITORING PERIOD MINIMUM TIME BETWEEN COLLECTIONS Quarterly (3 months) 1 month Triannual (4 months) 2 months Semiannual (6 months) 3 months Annual (1 year) 6 months Biennial (2 years) 12 months 3. To ensure that data is available to determine funding needs for the next fiscal year (FY), the following minimum sample collections are to be collected prior to July 1, 2014: • All samples listed as an annual collection event. • At least one round of samples listed as semiannual. • At least one round of samples listed as triannual. • At least two rounds of samples listed as quarterly. If Grantee's schedule does not allow for this minimum sample collection timetable, please contact the DEQ, Noncommunity & Private Drinking Water Supplies Unit (NPDWS) designated representative. 4. Complete the Laboratory's Request for Water Analysis forms or the analysis forms for other laboratories designated by the State, 5. Transport water samples and completed forms for submission to the Laboratory or other laboratory designated by the State. All eligible laboratory costs accrued under Program B will be the responsibility of the State. Use appropriate preservation and handling techniques for transport of sample(s). 6. All work must follow the sampling plan detailed on the List. Grantee shall follow sampling protocol provided by the Laboratory, or other United States Environmental Protection Agency certified drinking water laboratories as designated by the State. The Laboratory's protocol for collection, transport, and submission of drinking water samples can be reviewed on the Internet at http://www.michigan.govideq/0,4561,7-135-3307_4131_4155-10689--,00.html or contact the NPIDWS designated representative for assistance in understanding the Laboratory's protocol. 7. Generate and send health advisory letters after each sampling event to the water well owner and to the water well users, if the property is being rented (if known). The letters will meet form and content criteria acceptable to the State. Advisory letters are to be sent within 6 weeks of receipt of all sample results for a specific site monitoring event. A copy of each advisory letter must be sent to the NPIDWS designated representative. The name of the NPDWS designated representative appears on the List. A copy of each advisory letter and sample result must be sent to the respective DEQ, Remediation and Redevelopment Division, district office unless otherwise indicated by that district office. - 0. Requirements-State The State shall perform the following services including, but not limited to: 1. Provide the Grantee the List(s). This includes the location of drinking water wells to be monitored and the sample collection frequency for each address. These are organized by drinking water monitoring sites (Site) by Site name. 2. Provide assistance to the Grantee in drafting health advisory letters. 3. Provide instruction to the Grantee staff on sample collection protocol when requested. 4. Provide the Grantee with changes for any Site in the long-term drinking water monitoring program. Documented notification of changes, such as additions and deletions of Sites or sample locations within a Site, and changes to sample collection frequency will be made by mail, fax, or electronic mail. 5. Provide payment in accordance with the terms and conditions of this agreement based upon appropriate reports, records, and documentation maintained by the Grantee. Review of the documentation and approval of payment will be made by the NIDDWS designated representative on a quarterly basis. The program contact person is Lois Elliott Graham, who may be reached at 517-284-6530; at grahaml©michigan.gov ; or at DEQ — Contamination Investigation, P.O. Box 30241, Lansing, Michigan 48909-7741. 6. Provide any report forms and reporting formats required by the State at the effective date of this agreement, and with any new report forms and reporting formats proposed for issuance thereafter, at least 90 days prior to required usage, to afford the Grantee an opportunity for review and comment. 7. Assure that all terms of the agreement will be appropriately adhered to and that records and detailed documentation for the project or program identified in this agreement will be maintained for a period of not less than 10 years from the date of termination, the date of submission of the final expenditure report, or until audit findings have been resolved. E. Performance/Progress Report Requirements The Grantee shall adhere to the terms and conditions of this agreement as demonstrated by appropriate reports, records, and documentation maintained by the Grantee. Reports shall include a list of water wells sampled by Site name and date along with total payment requested, including postage, and copies of the advisory letters (see C. Requirements — Grantee, Number 6) if not previously provided. F. Reimbursement Schedule Reimbursement may be requested on a quarterly basis by submittal of required reports and request for payment. The final payment for the FY will be made by the State upon the grantee's fulfillment of its responsibilities under this agreement. All requests for payment must be submitted to the NPDWS designated representative (see D. Requirements — State, Number 5) no later than October 3, 2014, to allow time for processing before the State's FY end closing. G. Accountability The Grantee shall maintain adequate accounting and employee activity records to reflect that all funds granted under this contract have been expended for the program activities as approved by the State. These records shall be made available upon request for audit by the State. Records will be retained by the Grantee until an audit has been completed by the State or permission has been granted by the State to dispose of the records. PROGRAM B - ALLOCATION SCHEDULE DRINKING WATER LONG-TERM MONITORING PROGRAM OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 Grantee No. of Counties Allocation Allegan 1 $5,500 Barry-Eaton District 2 $3,500 Bay I $0 Benzie-Leelanau District 2 $400 Berrien 1 $5,200 Branch-Hillsdale-St. Joseph District 3 $1,300 Calhoun 1 $2,600 Central Michigan District 6 $4,000 Chippewa 1 $200 Public Health, Delta & Menominee Counties 2 $200 Institute of Population Health (formay city of Detroit) 0 $0 Dickinson-Iron District 2 $200 District #2 4 $2,500 District #4 4 $3,200 District #10 10 $3,400 Genesee 1 $1,200 Grand Traverse 1 $900 Holland, City of 0 $0 Huron 1 $600 Ingham 1 $700 Ionia 1 $500 Jackson 1 $3,600 Kalamazoo 1 $3,700 Kent 1 $1,400 Lapeer 1 $0 Lenawee 1 $400 Livingston 1 $12,500 Luce-Mackinac-Alger-Schoolcraft District 4 $600 Macomb 1 $900 Marquette 1 $300 Mid-Michigan District 3 $1,100 Midland 1 $2,100 Monroe 1 $400 Public Health - Muskegon County 1 $2,200 Health Department of Northwest Michigan 4 $3,600 Oakland 1 $30,000 Ottawa 1 $800 Saginaw 1 $500 Saint Clair 1 $0 Sanilac 1 $800 Shiawassee 1 $4,200 Tuscola 1 $900 Van Buren & Cass District 2 $0 Washtenaw 1 $1,700 Wayne 1 $0 Western Upper Peninsula District 5 $700 Totals 83 (+ 2 Cities) $108,500 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF DRINKING WATER AND MUNICIPAL ASSISTANCE PUBLIC SWIMMING POOL. PROGRAM PROGRAM D OCTOBER 1,2013 THROUGH SEPTEMBER 30, 2014 A. Statement of Purpose This agreement is intended to establish responsibilities for both the Grantee and the State in the conduct of completing work within the Grantee's jurisdiction in the Public Swimming Pool Program in accordance with Section 12532 of the Public Health Code, 1978 PA 368, as amended. B. Program Budget and Agreement Amount The Grantee will be paid on an annual basis for work in the Public Swimming Pool Program. The agreement amount is provided in item F. Reimbursement Schedule and in Program D Allocation Schedule. All requests for payment must be submitted by the Grantee to the State as described in item F. Reimbursement Schedule. C. Requirements - Grantee The Grantee will conduct an inspection of all public swimming pools under its jurisdiction during the calendar year 2012, investigate complaints, conduct meetings, and/or conferences relative to compliance issues, and complete a Public Swimming Pool Inspection Report (Form EQP 1735), as provided by the State, or other report form approved by the State. Only public swimming pools that have submitted a license application and paid appropriate licensing fees for the calendar year 2013 should be inspected. The Grantee will review the list of public swimming pools from their jurisdiction provided by the State, as in item D. Requirements — State, make modifications and adjustments, and return the list to the address in item E. Performance/Progress Report Requirements, within 30 days. Indoor pools should be inspected during the months of January, February, March, or April 2013, with the exception of public swimming pools located at schools. It is acceptable to inspect pools at schools during September or October 2013. Outdoor pools should be inspected during the operating season of May, June, July, or August 2013. It is acceptable for the Grantee to inspect indoor pools any month of the calendar year. Pool inspections during the months of October, November and December should be avoided as much as possible. In no case should inspections be completed later than December 31, 2013. Completed inspection reports should be forwarded to the State within 2 to 4 weeks following the inspection, but in no case later than January 2, 2014. D. Requirements - State By January 31, 2014, the State will provide the Grantee with a list of public swimming pools from their jurisdiction that have paid the license fees, and have been inspected for the calendar year 2013. This list is the basis for reimbursement to the Grantee and must be submitted to the State as provided under item F. Reimbursement Schedule. If the list needs modification, the State will provide the Grantee a 30-day period to request any adjustments. The State will provide technical assistance and periodic oversight to the Grantee relative to public swimming pool compliance issues when requested. The program contact person is Paul Sisson, who may be reached at 517-284-6541; at sissonp@michigan.gov; or at DEQ, Drinking Water and Environmental Health Section — Swimming Pools, P.O. Box 30241, Lansing, Michigan 48909-7741. E. Performance/Progress Report Requirements Inspection reports and lists from item D. Requirements — State should be sent to: DEQ, Drinking Water and Environmental Health Section — Swimming Pools, P.O. Box 30241, Lansing, Michigan 48909-7741. F. Reimbursement Schedule The State will reimburse the Grantee on a lump sum basis according to the license criteria listed below for those public swimming pools inspected during the year ending December 31, 2013, by the Grantee's staff or designated representative: Initial license for a public swimming pool* $100 License renewal prior to December 31 $30 License renewal after December 31 $45 License renewal after lapse beyond April 30 without a license $70 *Applies only to those local jurisdictions that are certified by the Department of Environmental Quality to conduct the initial inspections. Payments will be made for those public swimming pools that have all fees paid in full for the 2013 licensing year and an inspection report dated during the calendar year 2013 has been submitted. G. Accountability The State will furnish periodic status reports to each Grantee indicating the number of license applications, fees, and inspection reports received. PROGRAM D - ALLOCATION SCHEDULE PUBLIC SWIMMING POOL PROGRAM OCTOBER 1,2013 THROUGH SEPTEMBER 30, 2014 Grantee No. of Counties Allocation Allegan 1 $2,900 Barry-Eaton District 2 $2,300 Bay 1 $1,900 Benzie-Leelanau District 2 $1,500 Berrien 1 $4,900 Branch-Hillsdale-St. Joseph District 3 $1,300 Calhoun 1 $2,700 Central Michigan District 6 $3,100 Chippewa 1 $1,000 Public Health, Delta & Menominee 2 $700 Institute of Population Health (formally City of Detroit) 0 $2,600 i Dickinson-Iron District 2 $700 District #2 4 $1,100 District #4 4 $3,400 District #10 10 $5,400 Genesee 1 $5,600 Grand Traverse 1 $3,000 Holland, City of 0 $0 Huron 1 $800 Ingham 1 $5,600 Ionia 1 $500 Jackson 1 $2,100 Kalamazoo 1 $5,800 Kent 1 $12,000 Lapeer 1 $900 Lenawee 1 $800 Livingston 1 $2,100 Luce-Mackinac-Alger-Schoolcraft District 4 $2,600 Macomb 1 $11,100 Marquette 1 $1,400 Midland 3 $1,600 Mid-Michigan District 1 $2,000 Monroe 1 $2,500 Public Health - Muskegon County 1 $3,300 Health Department of Northwest Michigan 4 $6,600 Oakland 1 $28,500 Ottawa 1 $5,400 Saginaw 1 $3,300 Saint Clair 1 $2,300 Sanilac 1 $300 Shiawassee 1 $600 Tuscola 1 $300 University of Michigan 0 $200 Van Buren & Cass District 2 $2,600 Washtenaw 1 $9,400 Wayne 1 $18,000 Wayne State University 0 $100 ,Western Upper Peninsula District 5 $1,400 _Totals 83 -F2 Cities and +2 Universities) $178,200 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF DRINKING WATER AND MUNICIPAL ASSISTANCE SEPTAGE WASTE PROGRAM PROGRAM E OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 A. Statement of Purpose This agreement is intended to establish a payment schedule to the Local Entity for an initial septage waste land site inspection, annual land site inspection, septage waste vehicle inspection, and authorized receiving facility inspection in accordance with Section 324.11716 of part 117, Septage Waste Servicers, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. B. Program Budget and Agreement Amounts The Department of Environmental Quality (DEQ) will reimburse the Local Entity on an annual lump sum basis according to the following criteria: Initial inspection of a septage land disposal site (per site) $500.00 Annual DEQ authorized "active" land disposal site inspection (per site) includes DEQ authorized septage waste storage facility inspection $430.00 Annual inspection of septage vehicles (per vehicle) $50.00 DEQ authorized receiving facility inspection $100.00 The payment for a new land application site and new vehicle shall satisfy the annual inspection requirement. The annual payment for land disposal sites will be made for one inspection of each site. Please note that each site may contain more than one disposal location known as "fields". The disposal site inspection and reimbursement payment includes inspection of the DEQ authorized septage waste storage facility (if applicable). Annual payment for septage waste vehicle inspections will be based on the number of vehicles inspected — 1 payment only per vehicle. C. Requirements - Grantee 1 The Local Entity shall investigate complaints and conduct meetings and/or conferences relative to compliance issues. The Local Entity will provide a timely and appropriate response to all violations in a manner described in a DEQ Septage Waste Program document entitled, 'fiscal Year 2014 Enforcement Policy'. 2. The Local Entity shall conduct inspections of all DEQ licensed septage waste land disposal sites and septage waste vehicles on an annual basis in accordance with Part 117 and as established in a DEQ Septage Waste Program document entitled, "Fiscal Year 2014 Compliance Inspection Policy". The Local Entity shall use the DEQ online Septage Haulers Directory prior to inspection and use current inspection forms provided by the DEQ. 3. The DEQ shall notify the Local Entity to conduct inspections of new land application sites and new vehicles. The Local Entity shall conduct inspections of new land application sites and new vehicles and submit the material to the DEQ Septage Program within 3 weeks from the date of receipt of DEQ notification. The inspections are conducted to verify that the new sites, the new septage waste vehicles, and the servicing methods are in compliance with part 117. The Local Entity shall use current inspection forms provided by the DEQ. 4. The Local Entity shall conduct annual inspections of all DEQ authorized septage waste receiving facilities in their jurisdiction using current inspection forms provided by the DEQ. 5. The Local Entity shall conduct inspections of all DEQ authorized septage waste storage facilities on an annual basis. The Local Entity shall use current inspection forms provided by the DEQ. 6. The Local Entity shall submit inspection tracking reports on a quarterly basis using the form provided by the DEQ. The inspection forms shall be submitted along with the quarterly report form unless previously submitted. These and other program forms can be downloaded from the program website by clicking on Health Department information located under Downloads on the Septage Waste Program webpage at www.michician.goviseptage. 7. The Local Entity shall complete all inspections no later than August 31, 2014, and shall submit the Request for Payment (RFP) to the Septage Waste Program no later than September 15, 2014. 8. The Local Entity shall make the RFP in writing and include an alphabetical list of all licensed septage waste businesses that have been inspected in FY 2014 within their jurisdiction using the Septage Program Quarterly Report form posted on the program webpage described below. Inspection requirement details are outlined in the document entitled, "Fiscal Year 2014 Compliance Inspection Policy". This policy, inspection checklists, reports and forms are posted on the program website and can be downloaded by clicking on 'Health Department Information' located under 'Downloads' on the program webpage. D. Requirements - State The DEQ shall provide a current list of permitted land disposal sites by jurisdiction. This information is available by clicking on `Septage Haulers Directory' located under 'Online Services' on the program web page and searching by county. 1. The DEQ shall provide up to date license application materials on the program website under "downloads". 2. The DEQ shall perform a one time, detailed review of all new septage waste firm business, vehicle, land site and cropping plan applications to ensure administrative completeness before forwarding them to the local entity for inspection, 3. The DEQ shall provide current inspection forms on the program website. These forms can be downloaded from the program website by clicking on 'Health Department Information' located under 'Program Forms/Downloads'. The inspection forms include: a. Existing Land Site Inspection form (EQP 5900); b. New Land Site Inspection Form (EQP 5970): c. Cropping Plan Review Form; d. Septage Waste Program Vehicle Inspection Form (EQP 5901); e. Septage Waste Receiving Facility Inspection Form (EQP 5911); f. Septage Waste Storage Facility Inspection Form (EQP 5966), 4. The DEQ shall make available quarterly inspection status report forms. These forms can be downloaded from the program website by clicking on 'Health Department Information' located under 'Program Forms/Downloads'. 5. The DEQ will provide for the request and receipt of annual cropping plans for all existing land application sites which shall be transmitted to the Local Entity. The DEQ will make available detailed land application record review and inspection resources necessary to assist the Local Entity in their consideration of cropping plans for existing sites within their respective jurisdictions. 6. The DEQ will provide resources, technical assistance, regional training, and program support as requested by the local entity. These resources include the Guidance Manual for the Land Application of Septaqe Waste which can be downloaded from the program website. It can be accessed by clicking on Land Application Information under Program Forms/Downloads. 7. The DEQ shall provide program updates and information via the program webpage's Septage Program FAQs' (Frequently Asked Questions) and informational mailings. The Local Entity will be copied on memos and letter issued to licensed septage waste businesses. E. Reimbursement Schedule and Reporting Requirements Reimbursement will be based upon the remittance of standardized information in a spreadsheet format summarizing inspections performed and the remittance of the appropriate checklists referenced above (EQP 5900, EQP 5901, and EQP 5911). • Quarterly reports and year end RFP submissions should be sent to: Drinking Water and Environmental Health Section, Office of Drinking Water and Municipal Assistance, P.O. Box 30241, Lansing, MI 48909-7741. The contact person is the Septage Waste Program Coordinator, Mr. Matthew Campbell, who can be reached at 517-284-6522 (Lansing) or 517-780-7874 (Jackson) or by e-mail at campbellm4michioan.00v • The annual payment will be made by the State upon receipt of the RFP from the Local Entity and based upon the Local Entity's fulfillment of its responsibilities under this agreement. The RFP and inspection checklist copies are due by September 15. The reimbursement request shall be sent to: Administration Section, Office of Drinking Water and Municipal Assistance, DEQ, P.O. Box 30241, Lansing, MI 48909-7741. F. Accountability The Local Entity shall maintain adequate accounting and employee activity records to reflect that all funding granted under this contract have been expended for the Program activities, as approved by the State. These records shall be made available upon request for audit by the State. Records will be retained by the Local Entity until an audit has been completed by the State or permission has been granted by the State to dispose of the records. PROGRAM E - ALLOCATION SCHEDULE SEPTAGE WASTE PROGRAM OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 Grantee No. of Counties Allocation Allegan 1 $2,400 Barry-Eaton District 2 $1,700 Bay 1 $0 Benzie-Leelanau District 2 $4,000 Berrien 1 $2,300 Branch-Hillsdale-St. Joseph District 3 $3,100 Calhoun 1 $0 Central Michigan District 6 $9,200 Chippewa 1 $2,300 Delta-Menominee District 2 $5,200 Institute of Population Health (formally City of Detroit) 0 $0 Dickinson-Iron District 2 $900 District #2 4 $4,600 District #4 4 $8,700 District #10 10 $11,000 Genesee 1 $0 Grand Traverse 1 $650 Holland, City of 0 $0 Huron 1 $3,800 Ingham 1 $0 Ionia 1 $200 Jackson 1 $800 Kalamazoo 1 $0 Kent 1 $0 Lapeer 1 $1,600 Lenawee 1 $2,200 Livingston 1 $1,250 Luce-Mackinac-Alger-Schoolcraft District 4 $2,600 Macomb 1 $900 Marquette 1 $1,550 Midland 1 $2,350 Mid-Michigan District 3 $6,300 Monroe 1 $2,000 Public Health - Muskegon County 1 $1,300 Health Department of Northwest Michigan 4 $14,000 Oakland 1 $3,350 Ottawa 1 $1,700 Saginaw 1 $2,200 Sanilac 1 $0 St. Clair 1 $1,200 Shiawassee 1 $1,700 Tuscola 1 $300 University of Michigan 0 $0 Van Buren/Cass District 2 $4,500 Washtenaw 1 $850 Wayne I $1,200 Wayne State University 0 $0 Western Upper Peninsula District 5 $2,200 Totals 83 (-1- 2 Cities) $116,100 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF DRINKING WATER AND MUNICIPAL ASSISTANCE CAMPGROUND PROGRAM PROGRAM H OCTOBER 1,2013 THROUGH SEPTEMBER 30, 2014 A. Statement of Purpose This agreement is intended to establish responsibilities for both the Grantee and the State in the conduct of completing work within the Grantee's jurisdiction in the annual Campground Program in accordance with Section 12510 of the Public Health Code, 1978 PA 368, as amended (Act 368). This agreement is also intended to establish responsibilities for both the Grantee and the State for the issuance of a temporary campground license within the Grantee's jurisdiction when fees are collected by the Grantee in accordance with Section 12510 of Act 368. B. Program Budget and Agreement Amounts The Grantee will be reimbursed on an annual basis for work in the Campground Program. The agreement amount is provided in item F. Reimbursement Schedule and in Program H Allocation Schedule. All requests for payment must be submitted by the Grantee to the State as described in item F. Reimbursement Schedule. Annual payments will be made for those campgrounds that have all fees paid in full and an inspection report has been submitted. The Grantee will reimburse the State on an annual basis for each temporary campground license fee collected during the year by the Grantee's staff or designated representative. The agreement amount is provided in item F. Reimbursement Schedule. The State requests for reimbursement are as described in item F. Reimbursement Schedule. C. Requirements — Grantee The Grantee will conduct an inspection of all campgrounds under its jurisdiction that have submitted a license application and paid in full the appropriate licensing fees. The Grantee will investigate complaints, conduct meetings and/or conferences relative to compliance issues, and complete a Campground Inspection Report (Form EQP 1715) as provided by the State, or other report form approved by the State. All campgrounds should be inspected when they are open during the months of May, June, July, August, or September 2014. Completed inspection reports should be forwarded to the State, item E. Performance/Progress Report Requirements, within 2 to 4 weeks following the inspection, but in no case no later than the end date of this contract, September 30, 2014. The Grantee will collect license fees for temporary campgrounds within its jurisdiction in accordance with Section 12506a of Act 368, issue or deny the temporary campground licenses, and forward a copy of the approved or denied license to the State. License copies should be forwarded to the State within 2 to 4 weeks after the licensing period, but in no case no later than the end date of this contract, September 30, 2014. The Grantee will review the Campground and Temporary Campground lists provided by the State, item D. Requirements — State, make modifications and adjustments, and return the lists to the address in item E. Performance/Progress Report Requirements, within 30 days. D. Requirements - State By January 31, 2014, the State will provide the Grantee with a list of campgrounds from their jurisdiction that have been inspected for the year ending September 30, 2013, and have paid the license fees. This list is the basis for reimbursement to the Grantee under item F. Reimbursement Schedule. If the list needs modification, the State will provide the Grantee a 30-day period to request any adjustments. The State will provide technical assistance and periodic oversight to the Grantee relative to campground compliance issues when requested. For temporary campground licenses, by March 1, 2014, the State will provide the Grantee with a list of temporary campground license applications received from the Grantee's jurisdiction during the year ending September 30, 2013. This list is the basis for the invoice intended for the Grantee under item F. Reimbursement Schedule. The contact person is Nancy Allen, who may be reached at 517-284-6520; at allenn@michigan.gov; or at DEQ, Drinking Water and Environmental Health Section - Campgrounds, P.O. Box 30241, Lansing, Michigan 48909-7741. E. Performance/Progress Report Requirements Inspection reports, temporary campground license copies, and lists from item D. Requirements — State, should be sent to: DEQ, Office of Drinking Water and Municipal Assistance, Environmental Health Section - Campgrounds, P.O. Box 30241, Lansing, Michigan 48909-7741. F. Reimbursement Schedule The State will reimburse the Grantee on a lump sum basis at $25 for each annually licensed campground inspected during the year ending September 30, 2013, by the Grantee's staff or designated representative. Based on the list of temporary campground license applications received from the State for the Grantee's jurisdiction during the year ending September 30, 2013, the State will send an invoice for the appropriate lump sum charge in accordance with Act 368, less the $25 portion of the fee intended for the Grantee. G. Accountability The State will furnish periodic status reports to each Grantee indicating the number of annual license applications, fees, and inspection reports received. PROGRAM H -ALLOCATION SCHEDULE CAMPGROUND PROGRAM OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 Grantee No. of Counties No. of CGs Allocation Allegan 1 31 $775 Barry-Eaton District 2 32 $800 Bay 1 8 $200 Benzie-Leelanau District 2 30 $750 Berrien 1 19 $475 Branch-Hillsdale-St. Joseph District 3 62 $1,550 Calhoun* 1 0 Central Michigan District 6 94 $2,350 Chippewa 1 26 $650 Public Health Delta & Menominee 2 23 $575 Institute of Population Health (formally City of Detroit) 0 0 $0 Dickinson-Iron District 2 24 $600 District #2 4 59 $1,475 District #4 4 58 $1,450 District #10 10 245 $6,125 Genesee 1 9 $225 Grand Traverse 1 21 $525 Holland, City of 0 0 $0 Huron 1 28 $700 Ingham 1 10 $250 Ionia 1 10 $250 Jackson 1 31 $775 Kalamazoo 1 9 $225 Kent 1 18 $450 Lapeer 1 20 $500 Lenawee 1 19 $475 Livingston 1 11 $275 Luce-Mackinac-Alger-Schoolcraft District 4 71 $1,775 Macomb 1 4 $100 Marquette 1 18 $450 Midland 1 8 $200 Mid-Michigan District 3 31 $775 Monroe 1 17 $425 Public Health - Muskegon County 1 23 $575 Health Department of Northwest Michigan 4 52 $1,300 Oakland 1 21 $525 Ottawa 1 21 $525 Saginaw 1 8 $200 Saint Clair 1 14 $350 Sanilac 1 12 $300 Shiawassee 1 8 $200 Tuscola 1 9 $225 University of Michigan 0 0 $0 Van Buren-Cass District 2 62 $1,550 Washtenaw 1 11 $275 Wayne 1 6 $150 Wayne State University 0 0 $0 Western Upper Peninsula District 5 37 $925 Totals 82 1,330 $33,250 *Calhoun County is not inspecting campgrounds ACTIVITY AMOUNT Compliance assistance inspection of a medical waste producing facility $100.00 per inspection MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF WASTE MANAGEMENT AND RADIOLOGICAL PROTECTION MEDICAL WASTE REGULATORY PROGRAM PROGRAM I OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 A. Statement of Purpose This agreement is intended to establish responsibilities for both the Grantee and the State in the conduct of completing work within the Grantee's jurisdiction under a pilot program for the Medical Waste Regulatory Program (MWRP) in accordance with Part 138 of the Michigan Public Health Code, 1978 PA 368, as amended. B. Program Budget and Agreement Amount The State will reimburse the Grantee on a lump sum basis according to the following: C. Requirements - Grantee 1 The Grantee's activities will be limited to the requirements contained in this agreement. 2. The Grantee will designate a staff person to be trained and to conduct compliance assistance inspections at medical waste producing facilities. 3. The inspections shall be conducted at facilities designated by the State in the attached list, which was derived from a random sampling of registered medical waste producers that function as small, relatively low volume producers of medical waste. 4. The Grantee will inspect at least one of each type of medical waste producer on the attached list. 5. The inspections shall be performed in accordance with the Medical Waste Pilot Program Inspection Guide for Local Health Departments. 6. The inspections shall be performed by March 31, 2014. 7. The Grantee shall notify the State of facilities on the attached list that were found to not be medical waste producers. 8. The Grantee shall submit copies of all completed inspection reports to the State by no later than May 1,2014, for reimbursement. D. Requirements — State 1 The State shall provide the current inspection form, "Medical Waste Producing Facility Inspection Report" (EQP 1756), registration, and reference materials for the MWRP on the Web page. The State will provide necessary MWRP training to the Grantee's designated staff person for performing medical waste producing facility inspections. 3. The State shall supplement the listing of facilities for inspection as necessary to replace those that are found not to be medical waste producers. 4. The State will provide technical assistance and periodic oversight to the Grantee relative to medical waste issues when requested. The program contact person is Andrew Shannon, who may be reached at 517-284-6594; at shannona1michidan.00v; or at Department of Environmental Quality, Office of Waste Management and Radiological Protection, Solid Waste Section, P.O. Box 30241, Lansing, Michigan 48909-7741. E. Performance/Progress Report Requirements The submittal of a completed inspection report shall be documentation of performance of the inspection under this pilot program. The State and Grantee agree to meet to conduct a joint evaluation of whether the pilot program demonstrated that contracting with local health departments can increase the efficiency and effectiveness of the MWRP in terms of compliance assistance, outreach, customer service, and/or other factors that the State and Grantee determine will assist with the evaluation. F. Reimbursement Schedule The Grantee shall submit a single request for payment, including all completed inspection report forms, by May 1, 2014, to Department of Environmental Quality, Office of Waste Management and Radiological Protection, Solid Waste Section, P.O. Box 30241, Lansing, Michigan 48909-7741. G. Accountability Inspection reports will be retained by the Grantee until submitted to the State. PROGRAM I - ALLOCATION SCHEDULE MEDICAL WASTE REGULATORY PROGRAM OCTOBER 1,2013 THROUGH SEPTEMBER 30, 2014 Grantee No. of Counties - Allocation Allegan County Health Department (HD) 1 $5,000 Barry-Eaton District HD 2 $5,000 ' Bay 0 $0 , Benzio-Leolanau District 0 $0 Berrien 0 $0 Branch-Hillsdale-St. Joseph Community HD 3 $5,000 Calhoun 0 $0 Central Michigan District 0 $0 Chippewa 0 $0 Public Health, Delta & Menominee Counties 0 $0 Institute of Population Health (formally City of Detroit) 0 $0 Dickinson-Iron District 0 $0 District it2 0 $0 District #4 0 $0 District #10 10 $5,000 Genesee 0 $0 Grand Traverse 0 $0 Holland, City of 0 $0 Huron 0 $0 Ingham 0 $0 Ionia County HD 1 $5,000 Jackson 0 $0 Kalamazoo 0 $0 Kent 0 $0 Lapeer 0 $0 Lenawee 0 $0 Livingston 1 $5,000 Luce-Mackinac-Alger-Schoolcraft District 0 $0 Macomb 0 $0 Marquette 0 $0 Midland 0 $0 Mid-Michigan District 3 $5,000 Monroe 0 $0 Public Health - Muskegon County 1 $5,000 Health Department of Northwest Michigan 0 Oakland 1 $25,000 Ottawa 0 $0 Saginaw 0 $0 Saint Clair 0 $0 Sanilac 0 Shiawassee 0 $0 Tuscola 0 $0 University of Michigan 0 $0 Van Buren/Cass District 0 $0 Washtenaw 0 Wayne 0 $0 Wayne State University 0 $0 Western Upper Peninsula District 0 $0 Totals 23 $65,000 ADDENDUM A to CONTRACT BETWEEN STATE OF MICHIGAN, DEPARTMENT OF ENVIRONMENTAL QUALITY AND OAKLAND COUNTY HEALTH DIVISION FOR THE PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 This Addendum modifies the intergovernmental agreement entitled, "LOCAL HEALTH DEPARTMENT GRANT CONTRACT BETWEEN THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY AND OAKLAND COUNTY HEALTH DIVISION" for Non- community Drinking Water Long Term monitoring, and other monitoring services, as follows: • Article XI LIABILITY shall read: (A) Except as otherwise provided by law neither Party shall be obligated to the other or indemnify the other for any third party claims, demands, costs, or judgments arising out of activities to be carried out pursuant to the obligations of either party under this Contract, nothing herein shall be construed as a waiver of any governmental immunity for either party or its agencies, or officers and employees as provided by statute or modified by court decisions. Paragraphs B, C, and D shall be omitted. • Article XVI INSURANCE shall read: (A) The Grantee must maintain insurance or self insurance that will protect it from claims that may arise from the Grantee's actions under this contract. Paragraph B shall remain unchanged. • Article XX CANCELLATION a new paragraph shall be inserted after the first paragraph and it shall read: The State shall notify Grantee in writing within thirty (30) calendar days of becoming aware of the need for any modifications in agreement funding commitments made necessary by action of the Federal Government. the Governor or Legislature or the Department of Management and Budget on behalf of the Governor or Legislature. Grantee and the State shall work together to determine if Grantee's obligations under the Contract can be modified to accommodate a decrease in funding. Grantee shall have the right to terminate this Contract if the State provides notice that funding shall cease. The individual or officer signing this Agreement and Addendum certifies by his or her signature that he or she is authorized to sign the Agreement and Addendum on behalf of the responsible board or agency. Addendum to Contract between the Michigan Department of Environmental Quality and Oakland County Health Division Page 2 of 2 For the Grantee: MICHAEL J. GINGELL, CHAIRPERSON DATE OAKLAND COUNTY BOARD OF COMMISSIONERS For the State: DATE LIANE J. SHEKTER, P.E., CHIEF OFFICE OF DRINKING WATER & MUNICIPAL ASSISTANCE DEL ILL MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF WASTE MANAGEMENT AND RADIOLOGICAL PROTECTION MEDICAL WASTE PRODUCING FACILITY INSPECTION REPORT Issued under authority of 1978 PA 368, as amended. Facility Name Registration #: Inspection Date: Approved for Operation? 10 Yes 0 No 10 Conditional Street Address City or Township LHD or MDEQ Representative Telephone Number Report Received By (Name and Title) Inspection Type: MI Initial • Follow-Up • Complaint Waste Treatment • Yes Type of Waste Produced: M Cultures & stocks Provided: Ej Blood, body fluids El Pathological waste E Sharps Type: • No • Infectious animal waste KEY: 'N) = Compliance X = Noncompliance —= Not Applicable The rule number(s) or Act sections are in brackets. PACKAGING, STORAGE, LABELING MEDICAL WASTE MANAGEMENT PLAN [13809(a), and placed in appropriately 13810(a)(c)]. [13809(c)]. waste [13809(d)]. and infectious agents and air [13809(f)]. container [13809(g)]. [13809(h),13810(d)]. • Packaging and storage prevents release • Plan available [13813(1)]. 13811, 13821(b)]. Plan contents r138171: • Medical waste properly separated labeled containers [13809(b), 13809(e), 111 Storage containers properly labeled 0 Type(s) of medical waste produced. M Segregation, packaging, labeling, and collection procedures used. • Medical waste not mixed with other • Storage methods prevent putrefaction • Use and methods of on-site or off-site storage. from coming into contact with individuals • Use and methods of on-site or off-site • Outdoor storage in secured area or decontamination. 0 Use of on-site or off-site incineration. lIl Name and address of solid waste hauler who collects and transports medical waste for the facility. • Use of sanitary landfills, cemeteries, and other final • Storage does not exceed 90 days DECONTAMINATION AND DISPOSAL El Proper decontamination methods practices for types of medical waste and/or disposal produced [138111 No disposal sites. M Measures to minimize exposure of the facility's employees to infectious agents throughout the process of handling and disposing of the medical waste. . On-site decontamination 0 Yes • Type of technology: Remarks DISTRIBUTON: WHITE–Owner PINK– MDEQ EQP 1756 (12/2012) Medical Waste Pilot Program Inspection Guide For Local Health Departments This guidance was developed by the Department of Environmental Quality (DEQ) and local health departments (LHD) to provide participating agencies with guidance on conducting inspections of medical waste producing facilities during the medical waste pilot program under the LHD grant administered by the DEQ, NOTE: Inspectors must have received basic blood borne pathogens training and comply with all MIOSHA safety standards during inspection activities. A. Medical Waste Producing Facility List 1. The DEQ will provide a list of randomly selected small, low-volume medical waste producers registered in the LHD's jurisdiction at the time the LHD grant contract is entered by the LHD and DEQ. The list will contain more facilities than the LHD will be expected to inspect during the pilot program. 2. The DEQ may provide the LHD with an updated list for item 1 above from time to time to reflect changes in the status or information for the medical waste producers. 3. If it is found that a facility on the list is no longer open, in operation, or the data corresponding to a particular facility (i.e. address) has changed, notify Andrew Shannon, Medical Waste Regulatory Program (MWRP). The notification must be made via e-mail at shannona1@michigan.gov , or by telephone at 517-284-6594 so the record can be inactivated or updated in the DEQ database. B. Scheduling of Inspections and Time Considerations 1. Pre-schedule facility visits by contacting the facility beforehand to set up a meeting with the contact person on the list from item A.1. above or another staff member (office manager, OSHA trainer, owner, etc.) who is knowledgeable of the medical waste handling procedures and regulations. 2. Assume that an inspection may last up to one hour. 3. Provide the facility contact with a brief explanation of what the inspection will entail and what documentation you would like to review, Direct them to the MWRP Web site (www.michigan.govidegmedwaste) for examples of reference documents, a copy of the regulations, and any paperwork that needs to be completed if not done already. C. What to Bring to the Facility 1. The DEQ Medical Waste Producing Facility Inspection Report form (Inspection Report) to be completed by the LHD personnel during the inspection (provided by DEQ on the program Web site). Basic facility information (name, address, registration number, etc.) should be added to the form before arriving at the facility. 2. Inspector's ID and/or business cards. 3. The DEQ pamphlet on "Environmental Compliance Inspections: What to Expect" (can be downloaded from the Michigan.gov Web site) to provide to the facility. Draft 8/2013 Medical Waste Pilot Program Inspection Guide For Local Health Departments 4. Contact information for the DEQ MWRP in the event you need consultation by phone. 5. A copy of the Medical Waste Regulatory Act and rules for reference. 6. Blank reference documents and forms that may be provided to the facility for educational and compliance purposes from the MWRP Web site (Medical Waste Management Sample Plan, etc.). D. General Elements of the Inspection 1. Facility Tour and Observations a. Ask for a brief tour of the facility, starting with an open patient room or any other area where medical waste is typically generated or stored. It is not necessary to inspect every area of the facility; only to inspect typical rooms or areas. b. Using the Packaging, Storage, and Labeling section of the Inspection Report as a checklist, evaluate the facility for compliance with the applicable provisions under Sections 13809 through 13811 and 13821. Example inspection questions to consider include: How are the different categories of medical waste (infectious, pathological, etc.) kept separate? How is the waste kept secure from unauthorized personnel? Where is the waste stored prior to removal? i. Verify the use of thick wailed "sharps" containers (with biohazard symbol or the word "sharps" on the container) in compliance with Subsections 13811(d) and 13821(a) for needles, syringes with needles attached, scalpels, glass vaccine vials, etc. Thick- lined red bags must be used for items such as blood saturated gauze, plastic test tubes containing blood, etc. ii. Pathological waste as defined in Subsection 13807(2) is rare in small offices (with the exception of plastic surgery clinics and abortion clinics). It includes human tissue, body parts, organs, etc. It should not be treated in an autoclave and instead can either be ground and flushed into a sanitary sewer or separated from all other waste types and labeled "for incineration only". See Subsection 13811(c). c. If you observe any violations, let the facility contact know why it is a violation and what can be done to correct it. d. If a violation appears to pose an immediate risk to public health or the environment, promptly call the MWRP at 517-284-6594 so DEQ staff can follow-up as appropriate in requiring remediation and taking enforcement action. 2. Paperwork Review a. Current Certificate of Registration as a Medical Waste Producing Facility with correct registration number, name and address. b. The last two medical waste shipment records verifying proper disposal at least every 90 days as required under Subsections 13809(h) or 13810(d). c. A Medical Waste Management Plan in compliance with section 13817. Use the Medical Waste Management Plan section of the Inspection Form as a checklist for key requirements. d. A record of employee training addressing handling of potentially infectious waste (e.g., MIOSHA blood borne pathogens training) as required under Section 13830 and Rule 7. 3. Inspection Summary and Wrap-Up a. Complete the Inspection Form, including any noteworthy observations or recommendations in the remarks section. Draft 8/2013 Medical Waste Pilot Program Inspection Guide For Local Health Departments b. Review with the facility contact any issues that should be corrected. It will not be necessary for the facility contact to follow-up with any documentation and another inspection will not be conducted. c. Either let the facility contact make a copy of the Inspection Form for their records or commit to sending them a copy after you return to your office. d. Ask if there are any questions or concerns regarding the inspection or the compliance status of the facility. Be as responsive as you can and offer to follow-up on those that you cannot address at that time, either after additional research or referring them to the DEQ. e. The inspection concludes. Thank them for their time and assistance. 4. Completion of Documentation a. Send the facility contact a copy of the Inspection Report via e-mail or regular mail if a copy was not left at the time of inspection, and include other informational resources as appropriate. b. Retain inspection forms for submittal to the DEQ within the timeframes specified. c. Ensure the facility listing and associated data provided by the DEQ is accurate for each facility. Draft 8/2013 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF WASTE MANAGEMENT AND RADIOLOGICAL PROTECTION MEDICAL WASTE REGULATORY PROGRAM PROGRAM I OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 A. Statement of Purpose This agreement is intended to establish responsibilities for both the Grantee and the State in the conduct of completing work within the Grantee's jurisdiction under a pilot program for the Medical Waste Regulatory Program (MWRP) in accordance with Part 138 of the Michigan Public Health Code, 1978 PA 368, as amended, B. Program Budget and Agreement Amount The State will reimburse the Grantee on a lump sum basis according to the following: Activity Amount Compliance assistance inspection of a medical waste producing facility $100.00 per inspection C. Requirements - Grantee . The Grantee's activities will be limited to the requirements contained in this agreement. 2. The Grantee will designate a staff person to be trained and to conduct compliance assistance inspections at medical waste producing facilities. 3. The inspections shall be conducted at facilities designated by the State in the attached list, which was derived from a random sampling of registered medical waste producers that function as small, relatively low volume producers of medical waste. 4. The Grantee will inspect at least one of each type of medical waste producer on the attached list. 5. The inspections shall be performed in accordance with the Medical Waste Pilot Program Inspection Guide for Local Health Departments. 6. The inspections shall be performed by March 31, 2014. 7. The Grantee shall notify the State of facilities on the attached list that were found to not be medical waste producers. 8. The Grantee shall submit copies of all completed inspection reports to the State by no later than May 1, 2014, for reimbursement. D. Requirements — State 1 1. The State shall provide the current inspection form, "Medical Waste Producing Facility Inspection Report" (EQP 1756), registration, and reference materials for the MWRP on the Web page. 2. The State will provide necessary MWRP training to the Grantee's designated staff person for performing medical waste producing facility inspections. 3. The State shall supplement the listing of facilities for inspection as necessary to replace those that are found not to be medical waste producers. 4. The State will provide technical assistance and periodic oversight to the Grantee relative to medical waste issues when requested. The program contact person is Andrew Shannon, who may be reached at 517-284-6594; at shannona1amichidan.gov; or at Department of Environmental Quality, Office of Waste Management and Radiological Protection, Solid Waste Section, P.O, Box 30241, Lansing, Michigan 48909-7741, E. Performance/Progress Report Requirements The submittal of a completed inspection report shall be documentation of performance of the inspection under this pilot program. The State and Grantee agree to meet to conduct a joint evaluation of whether the pilot program demonstrated that contracting with local health departments can increase the efficiency and effectiveness of the MWRP in terms of compliance assistance, outreach, customer service, and/or other factors that the State and Grantee determine will assist with the evaluation. F. Reimbursement Schedule The Grantee shall submit a single request for payment, including all completed inspection report forms, by May 1, 2014, to Department of Environmental Quality, Office of Waste Management and Radiological Protection, Solid Waste Section, P.O. Box 30241, Lansing, Michigan 48909-7741. G. Accountability Inspection reports will be retained by the Grantee until submitted to the State. 2 FISCAL NOTE (MISC. #140031 January 22, 2014 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION - FISCAL YEAR 201312014 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) REIMBURSEMENT AGREEMENT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The Michigan Department of Environmental Quality (MDEQ) has awarded $240,585 to the Oakland County Health Division for services related to Non-Community (Type II) Water Supply, Long-Term Drinking Water Monitoring, Swimming Pool Program, Septage Waste Program, Campground Inspections and Medical Waste Program. 2. The grant award of $240,585 is a $16,179 increase from the previous year's agreement. 3. The grant period is October 1, 2013 through September 30, 2014. 4. The FY 2014 budget is amended as follows: GENERAL FUND (10100) FY 2014 Amendment ($ 129) ( 650) ( 4,742) ( 1,300) ( 2,000) 25,000 ( 16,179) $__ Revenues: 1060220-134190-610313 1060220-134060-615571 1060220-134190-615571 1060220-1 3421 0-61 5571 1060220-134220-615571 1060220-1 341 00-61 5571 9010101-196030-665882 Public Water Septage Require. Water Supp. Require. Public Swimming Pool Long Term Monitoring Medical Waste Regulatory Non-Dept — Planned Use of Balance FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford and Quarles absent. Resolution #14003 January 22, 2014 Moved by Spisz supported by Hatchett the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted. AYES: Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted. HEREBY APPROVE TM PFSnLUTION CHIEF i.)EPt..:TY CUi ACTING PURSUANT 10 MCL 45.559A (7) 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 January 22, 2014, 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 22nd day of January 2014. Lisa Brown, Oakland County