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HomeMy WebLinkAboutResolutions - 1998.09.24 - 25539September 24, 1998 MISCELLANEOUS RESOLUTION # 9 8 2 31 BY: Planning and Building Committee, Charles E. Palmer, Chairperson DRAIN COMMISSIONER -STORM WATER MANAGEMENT PROJECT-ILLICIT CONNECTION PROGRAM; $200,000 GRANT APPLICATION/ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Drain Commissioner proposes to conduct an intensive illicit connection program on the county's storm water system within the Oakland County portion of the Rouge River Watershed; and WHEREAS, the County Of Wayne through the Rouge River National Demonstration Project has offered technical assistance and federal grants (up to 50% of the cost) to governmental entities for addressing and improving the water quality of the Rouge River; and, WHEREAS Oakland County Drain Commissioner has applied for a $200,000 federal grant from the County of Wayne; and WHEREAS, the purpose of the grant is to enable the County and local units of government within the Rouge River Watershed to evaluate alternative approaches for controlling sources of water pollution; and WHEREAS, that acceptance of the federal grant would require a county match of 50% which may include "in kind services"; and, WHEREAS the required county match will be charged to the maintenance funds from the respective county drains; and WHEREAS no additional county personnel are required; and WHEREAS, the United States Environmental Protection Agency ("USEPA") has established Grant conditions and regulations that require the County to act as the responsible party with respect to the grant, including those provisions described within 40 C.F.R. Part 31; and WHEREAS the USEPA will supervise the grant and grant conditions in order that the grant be used in accordance with the requirements of the law; and WHEREAS acceptance of this reimbursement grant does not obligate the County to any future commitment; and WHEREAS the grant agreement has been approved through the County Executive's's Contract Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the application and accepts reimbursement in the amount of $200,000 for the Oakland County Illicit Connection Program with a county match of $200,000. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to sign the grant agreement and to approve grant modification and extensions, within fifteen (15) percent of the original award, consistent with the grant agreement approved. Chairperson, on behalf of the Planning and Building committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING'GDMMITTEE Planning and Building Committee Vote; Motion carried unanimously on a roll call vote. 1,• ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION PROJECT ROUGE RIVER STORM WATER PROJECTS GRANT AGREEMENT BETWEEN THE COUNTY OF WAYNE AND OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE. THIS AGREEMENT is entered into this day of , 1998, between the County of Wayne, Michigan, a body corporate and Charter County ("County") and the Oakland County Drain Commissioner's Office ( "Entity"). RECITALS WHEREAS, the County is the recipient of, and is responsible for the administration of certain federal grant funds referred to as the Rouge River National Wet Weather Demonstration Project Grant ("Grant"). WHEREAS, the United States Environmental Protection Agency ("USEPA") has established Grant conditions and regulations that require the County to act as the responsible party with respect to the Grant, including those provisions described within 40 C.F.R. Part 31. WHEREAS the USEPA will supervise the Grant and Grant conditions in order that the Grant be used in accordance with the requirements of the law. WHEREAS, the parties have agreed to follow certain administrative procedures and cooperate on the various tasks to be undertaken in order for the County to comply with the Grant's requirements and objectives. WHEREAS, the Rouge River National Wet ,Weather Demonstration Project ("Rouge Project") is a comprehensive watershed-wide program addressing wet weather pollution problems ranging from controlling combined sewer overflows ("CSO") to storm water runoff in the Rouge River. WHEREAS, one of the purposes of the Grant is to enable the County and local units of government within the Rouge River Watershed to evaluate alternative approaches for controlling sources of water pollution. WHEREAS, water quality related storm water projects proposed by the local units will further the Grant's goal to improve water quality and recreational use of the Rouge River. WHEREAS, stream restoration and rehabilitation projects, retrofitting existing flood control structures, and new and innovative storm water management projects are considered examples of the types of projects that will assist in restoring the water quality of the Rouge River. WHEREAS, the Oakland County Illicit Connection Program comprised of the activities set forth in this Agreement would further the goals of the Grant. s. A, NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties hereby agree as follows: ARTICLE I SCOPE OF PROJECT 1.1 The County will provide a portion of the Grant to Entity to enable the Entity to do the activities described in Attachment "A" 1.2 The budget presented in Attachment "A" along with the scope of work presented in Attachment "A" specify the performance of the work as anticipated at the time the contract is signed. 1.3 The Entity agrees to submit a Final Project Summary Report at the project end to assist the County in the grant close-out process. The Final Project Summary Report should generally be 4-10 pages in length and should include: A. A summarized description of the project. B. List of all task prOducts completed. The list should include the official name of the products. C. Comments on how the completion of this project benefitted or is projected to improve the Rouge River. D. A written set of recommendations to other local governments and agencies that evaluates the benefits and cost effectiveness of the project. The evaluation should consider the total project cost. The recommendations should also summarize how the project was evaluated and the evaluation results of the effectiveness of the project. E. Comments on how the results of this project are transferrable to other communities or agencies. ARTICLE II SCHEDULE OF WORK 2.1 The Time Frame for the project milestones completion is contained in Attachment "A". ARTICLE DI FINANCIAL PROVISIONS AND BUDGET 3.1 The detailed budget is contained in Attachment "A" and will be considered an approximation based on the best information available at the time of this Agreement. The internal distribution of the monies allocated among project elements may be modified by the Entity up to a total cumulative transfer among direct cost categories not to exceed 10% of the total budget without written approval by the County. Other modifications to the budget will be only upon written Agreement between the County and the Entity. 2 3.2 The County will provide from the Grant 50 percent of approved, allowed, and eligible costs for activities outlined in Attachment "A", the total amount to be reimbursed to the Entity shall not to exceed $200,000. The Entity shall provide a minimum matching of costs of $200,000, or 50 percent of approved costs, which may be satisfied by demonstrating either cash or in-kind services from non-federal sources. 3.3 The County will hold the final 10 percent of the total federal fund allowable to the Entity until the completion of the project by the Entity as identified in Attachment "A". Upon completion of all the tasks by the Entity, the approval of the Entity task products by the County, and the approval of the Entity submittal of the documentation of the final project cost by the County, the remaining 10 percent of the federal funds will be reimbursed to the Entity. 3.3 BUDGET A specific budget schedule will be detailed and listed in Attachment "A". 3.3.1 The total budget will be sub-categorized as follows: A. Personnel expenses. B. Fringe benefits. C. Travel costs. D. Equipment costs. E. Supply costs. F. Construction costs. G. Other necessary costs (specifying nature of necessity and cost). H. Direct charges from others (attach copy of invoice). I. Indirect costs (specifying nature of necessity and cost). J. Total amount requested. ARTICLE IV CONTRACT ADMINISTRATION AND PAYMENT 4.1 This Agreement will be administered on a cost reimbursement basis. The Entity shall submit to the County project status reports and invoices on standard forms provided by the County. 4.2 All reports and invoices shall be submitted at least quarterly, no more than forty (40) days after each quarter end date. Reimbursements shall not be allowed without a status report submission. 4.3 Invoices must clearly identify: A. Total program outlays to the date of the invoice. B. The non-federal share of amount expended. C. The federal share of amount expended. D. The federal payments previously received. 3 E. The reimbursements requested for the billing period. F. Project work element detail. G. Project direct costs and outside services. H. Time sheets for hourly employees and labor distribution sheets for salaried employees. I. Documentation of all contractor costs. 4.5 The invoices must be certified for completeness and correctness by an appropriate Entity official, 4.6 AU invoices will be paid by the County within thirty (30) days of receipt of funds from the . US EPA. 4.7 The Entity will provide documentation to the County that demonstrates compliance with federal and state regulations before payments will be processed. The Entity will prepare all cost estimates for implementation of the planned activities, including a breakdown of eligible and ineligible cost items, with respect to grant funding. These cost estimates will be provided in a format to be established by the Coiuity. 4.8 The Entity will exercise the necessary contract oversight and administration of any subcontracts. These duties include, but are not limited to construction inspection and negotiating and executing change orders (where construction is to occur), monitoring project progress, responding to subcontractor or citizen complaints, coordinating between different subcontracts, and overseeing subcontractor's compliance with the approved project plans and specifications. These activities are to be done in accordance with procedures established by the Grant and by 40 C.F.R. Part 31.1, et seq. 4.9 All reports, invoices, and work products required under this contract will be transmitted to the Director of Watershed Management Division, Department of Environment, Wayne County, 415 Clifford, Detroit, Michigan 48226. ARTICLE V AUDIT AND ACCESS TO RECORDS 5.1 The Entity will maintain and retain financial records and supporting documentation in accordance with generally accepted accounting procedures and in accordance with the requirements of federal and state regulations. 5.2 The Entity will cooperate with and assist the County with respect to federal or state audit review related to the use of Grant funds. This cooperation shall include preservation of the necessary documentation and access to the records until federal and/or state audit resolution processes have been completed and notification of records disposal has been received by the County. The Entity will cooperate with the County with respect to evaluating audit findings of this Agreement. 4 5.3 The Entity will be responsible for the reimbursement of any funds required to be returned to the USEPA due to Entity actions or omissions, as determined by audit findings, and hold the County harmless from any repayment therefrom. ARTICLE VI GENERAL PROVISIONS 6.1 This Agreement is expected to be funded in part with funds from the US EPA. The Entity will not enter into any agreements with either the United States or any of its departments, agencies, or employees which are or will be a party to this Agreement or any lower tier subagreement for monies related to this specific project. This Agreement is subject to regulations contained in 40 C.F.R. Part 31 in effect on the date of the assistance award for this project. 6.2 The Entity understands that the County has no funds other than the Grant funds to pay for the project costs. All costs other than the Grant funds associated with the activities which are the subject matter of this Agreement will be the responsibility of the Entity. 6.3 The Entity will cooperate with the County to ensure timely completion of the tasks undertaken as part of the project. Cooperation includes, but is not limited to sharing information and records, participation in applicable committees, and assisting in development and evaluation of water quality improvement alternatives. 6.4 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31 and, as applicable, all provisions contained in the Grant. In the event there are any conflicts between the provisions of this Agreement and the terms of the Grant, the Grant terms will prevail. The Grant document and the terms and conditions of the Grant are included here in Attachment "B". The June 16, 1998 correction letter of the grant fair share goals from EPA is also included here in Attachment "B". The fair share goals for the grant as identified in that letter are as follows: Construction 20% MBE 10% WBE Services 20% MBE 10% WBE Equipment 8% MBE 4% WBE Supplies 8% MBE 4% WBE 6.5 The Entity is responsible for securing all necessary permits from regulatory agencies and is responsible for obtaining any professional services necessary for the Project Activities. The Entity will act at all times in accordance with applicable federal and state regulations, and will secure any permits and negotiate the terms of agreements in accordance with those requirements. 6.6 If the Entity secures any interest in lands, including easements, these acquisitions will be in accordance with applicable federal law and regulations including 49 C.F.R., Part 24 and state statutes related to the taking of interests in land. 5 6.7 With respect to construction projects, the Entity is responsible for conducting post-project evaluation and certifying that any construction meets the approved design criteria. These certifications will be submitted to Wayne County and the USEPA and MDEQ, where appropriate, in accordance with the Grant requirements and applicable regulations. If the project does not meet the design criteria, the Entity will be responsible for taking the necessary corrective measures. , 6.8 The ownership of any facilities constructed under this Agreement will remain with the Entity. The Entity agrees to operate and maintain the facility consistent with the Grant project goals and in accordance with the requirements of the applicable federal and state statutes and regulations, Grant conditions, and local ordinances. 6.9 The Entity warrants that it will comply with the provisions of 40 C.F.R. Part 31.32 relating to any equipment including computers and peripheral computer equipment purchased as part of this grant assistance project. 6.10 Any amendment to this agreement must be in writing, and signed and acknowledged by a duly authorized representative of each party. ARTICLE VII WAIVER OF BREACH 7.1 No failure by a party to insist upon the strict performance of any term of this Agreement or to exercise any term after a breach, constitutes a waiver of any breach of the term. No waiver of any breach affects or alters this Agreement, but every term of this Agreement remains effective with respect to any other existing or subsequent breach. , ARTICLE VIII TERMINATION 8.1 This Agreement will terminate after the final audit and final resolution of any issues related thereto as described within 40 C.F.R. Part 1, Subpart D. 8.2 This Agreement may be terminated in whole or in part in writing by the County for its convenience. The Entity must be given: (1) not less than thirty (30) calendar days written notice of intent to terminate; and (2) an opportunity for consultation with the County prior to termination. This Agreement may be terminated in whole or in part in writing by the Entity for its convenience. The County must be given: (1) not less than thirty (30) calendar days written notice of intent to terminate; and (2) an opportunity for consultation with the Entity prior to termination. 8.3 If termination for convenience is effected by the County or the Entity, an equitable adjustment in the Agreement price will be made. The equitable adjustment for any termination will provide for payment to the Entity for services rendered and expenses incurred prior to termination. 6 Equitable adjustment also will include termination settlement costs reasonably incurred by the Entity and approved by the County, relating to personnel hired specifically for activities related to this Agreement, provided such costs are eligible and allowable under the terms of the Grant. 8.4 Upon receipt of a termination notice pursuant paragraphs 8.2 or 8.3, above, the Entity will: (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the County all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may be accumulated by the Entity in performing this Agreement, whether completed or in process. 8.5 Upon termination pursuant to paragraphs 8.2 or 8.3, above, the County may take over the work and prosecute the same to completion by Agreement with another party or otherwise. 8.6 All notices of termination will be sent certified mail, postage p.repaid and return receipt requested. ARTICLE IX LIABILITY 9.1 • All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of the Entity will be the sole responsibility of the Entity and not the responsibility of the County. Nothing herein will be construed as a wavier of any governmental immunity by the Entity, its agencies, or employees have as provided by statute or modified by court decisions. 9.2 All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of activities of the County will be the sole responsibility of the County and not the responsibility of the Entity. Nothing herein will be construed as a wavier of any governmental immunity by the County, its agencies, or employees have as provided by statute or modified by court decisions. ARTICLE X INDEMNIFICATION 10.1 The Entity will indemnify, defend, and save harmless the County, its officers, boards, employees, and agents from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses (including, but not limited to fees and expenses of attorneys, expert witnesses, and other consultants) which may be imposed upon, incurred by, or asserted against the County, its boards, officers, employees, and agents, by reason of any act or omission of the Entity, its personnel, employees, agents, or subcontractors, in the performance of this Agreement. 10.2 The County will indemnify, defend, and save harmless the Entity, its officers, boards, employees, and agents from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses (including, but not limited to fees and expenses of attorneys, expert witnesses, and other consultants) which may be imposed upon, incurred by, or asserted against the 7 Entity, its boards, officers, employees, and agents, by reason of any act or omission of the County, its personnel, employees, agents, or subcontractors, in the performance of this Agreement. 10.3 The provisions of Article X shall survive the expiration or any termination of this Agreement for a period of three (3) years. ARTICLE XI INSURANCE 11.1 The Entity shall purchase and, to the extent permissible by law, have the County, its officers, commission, boards, and employees named as additional parties insured under the policy or policies of insurance and maintain such insurance so as to protect the County from claims set forth below which may arise out of or result from the project services, whether such services be by the Entity, by any subcontractor, or by anyone directly or indirectly employed by the Entity, or by anyone for whose acts any of them may be liable. 11.2 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost and expense, a professional liability insurance policy for claims for damages arising out of an error, omission, or negligent act in the performance of professional services, with limits of $1 million dollars per claim and $1 million dollars in the aggregate for each twelve (12) month period. The Entity agrees that the policy may not be substantially modified or canceled without thirty (30) days prior written notice to the County and shall promptly notify the County of any failure to renew such policy as necessary prior to final completion of the Project. 11.3 Throughout all phases of the project and for a period of three (3) years after final completion and acceptance by the County of the project services, the Entity shall keep in force, at its sole cost and expense, with insurance companies authorized to do business in the State of Michigan, the following insurance coverages: 11.3.1 Workers' Compensation which meets Michigan's statutory requirements, or other similar employee benefit act of any other state applicable to an employee. 11.3.2 Employers' Liability Insurance, in conjunction with Workers' Compensation Insurance for claims for damages because of bodily injury, occupational sickness or disease, or death of an employee when Workers' Compensation may not be an exclusive remedy. Such insurance shall be subject to limits of liability of not less than $500,000 dollars for each incident. 11.3.3 General Liability Insurance for claims for damages because of bodily injury or death of any person, other than the Entity's employees, or damage to tangible property of others, including loss of use resulting therefrom. Such insurance shall be subject to bodily injury limits of not less than $500,000 per occurrence and $1 million annual aggregate and property damage limits of not less than $500,000 per occurrence or combined bodily injury/property damage limits of not less than $750,000 8 per occurrence and $1million annual aggregate. 11.3.4 Contractual Liability Insurance for claims for damages that may arise from the Entity's contract under Article X concerning indemnification for errors, omissions, or negligent acts in the course of the professional service or other provision within this Agreement, to the extent that such kinds of contractual liability are insurable in connection with, and subject to, limits of liability not less than for the professional liability insurance and general liability insurance set forth in subparagraphs 11.2 and 11.3.3, above. 11.3.5 Comprehensive Automobile Liability coverage, including coverage for all owned, hired, and non-owned vehicles with coverage of $1 million dollars per occurrence for bodily injury and property damage combined. 11.3.6 Automobile No-Fault Insurance required by law for claims arising from ownership, maintenance, or use of any motor vehicle owned or non-owned, County, or for-hire vehicles, with, coverage of $1rnillion single limit of liability and any applicable first-party benefits based on Michigan's no-fault law. 11.4 Certificates of insurance shall be provided to the County prior to commencing Project Services under this Agreement. Said certificates shall contain a provision that coverage afforded shall not be canceled, materially modified, or allowed to expire unless the insurance carrier has given at least thirty (30) days prior written notice to the County. 11.5 The County and the Entity waive all rights against each other and their consultants, agents, and employees for damages covered by any property casualty insurance during the Project Services, but only to the extent covered by such insurance. 11.6 Compliance by the Entity with the requirements of this Article as to carrying insurance and furnishing proof thereof to the County, shall not relieve the Entity of its liabilities and obligations under this Agreement. 11.7 The provisions of this Article shall survive the expiration of any termination of this Agreement for a period of three (3) years. ARTICLE XII NON-DISCRIMINATION 12.1 In accordance with the United States Constitution and all federal legislation and regulations governing fair employment practices and equal employment opportunity, the Entity shall comply with: A. Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252) and the United States Department of Justice regulations (28 C.F.R. Part 52) issued pursuant to Titles VI and VII; 9 B. Environmental Protection Agency regulations (40 C.F.R., Parts 7 and 12); C. The Age Discrimination Act of 1985 (42 U.S.C. §6101-07); D. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); E. The Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.) and its associated regulations; and F. The Michigan Constitution and all state laws and regulations governing fair employment practices and equal employment opportunity, including but not limited to the Michigan Civil Rights Act (1976 P.A. 453), the Michigan Handicappers Civil Rights Act (1976 P.A. 220), and the Wayne County Fair Employment Practice Resolution of April 14, 1970. 12.2 The Entity agrees that it will not discriminate against any person, employee, consultant or applicant for employment with respect to his or her hire, tenure, terms, conditions or privileges of employment because of his or her religion, race, color, national origin, age, sex, height, weight, marital status, or a handicap that is unrelated to the individual's ability to perform tasks particular to a job or position. 12.3 The Entity further agrees that it will require each contractor performing services under this Agreement to agree to the provisions of this Article. 12.4 The Entity is responsible for complying with all federal and state laws and regulations regarding competitive bidding. ARTICLE ME ASSIGNABILITY 13.1 This Agreement will be binding upon and enure to the benefit of the parties hereto and their respective heirs and assigns. 13.2 Neither of the parties hereto may assign this Agreement without the prior written consent of the other. ARTICLE XIV VALIDITY 14.1 If any provision of this Agreement or the application to any person or circumstance is, to any extent, judicially determined to be invalid or unenforceable, the remainder of the Agreement, or the application of the provision to persons or circumstances other than those as to which it is invalid or unenforceable, is not affected and is enforceable, provided the invalid provision does not substantially 10 alter the contract or make execution impractical. ARTICLE XV ENTIRE AGREEMENT 15.1 This document, including any attachments, contains the entire agreement between the parties. 15.2 Neither party has made any representations except those expressly set forth herein. 15.3 No rights or remedies are, or will be acquired, by either party by implication or otherwise unless set forth herein. ARTICLE XVI PATENTS, COPYRIGHTS, AND RIGHTS IN DATA 16.1 If this Agreement involves research, developmental, experimental, or demonstration work and any discovery or invention arises or is developed in the course of, or under this Agreement, the Entity and the County shall retain joint authority to patent or license. 16.2 The parties agree that any plans, drawings, specifications, computer programs, technical reports, operating manuals, and other work submitted, or which are specified to be delivered under this Agreement, or which are developed or produced and paid for under this Agreement are subject to the rights of both parties and both parties shall retain an irrevocable license to reproduce, publish and use in whole or in part and to authorize others to do so. 16.3 This Agreement is funded in part by the USEPA and is therefore subject to the reporting and rights provisions of 40 C.F.R. Part 30 Subpart D including Appendix B and Appendix C. 16.4 This clause shall be included in all subcontracts. • _ARTICLE XVII JURISDICTION AND GOVERNING LAW 17.1 This Agreement, and all actions arising from it, must be governed by, subject to, and construed according to the law of the State of Michigan. ARTICLE XVIII EFFECTIVE DATES 18.1 This Agreement becomes effective immediately upon signing by both parties and shall allow for billing all costs incurred from September 1, 1998. This Agreement, unless extended by mutual written agreement, expires on June I, 2001. Should the USEPA require reimbursement by the County of funds transferred to the Entity for costs incurred prior to this Agreement, the Entity shall 11 be responsible for any such reimbursement. ARTICLE XIX PARTY REPRESENTATIVES 19.1 The County's representative for this Agreement is the Director of Watershed Management Division, Department of Environment, Wayne County. The Entity representative for this Agreement is Oakland County Drain Commissioner. Either party may assign alternate representatives upon written notification of the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first written above. COUNTY OF WAYNE, MICHIGAN By: EDWARD H. McNAMARA Its: Chief Executive Officer OAKLAND COUNTY DRAIN COMMISSIONER, MICHIGAN By: Its: 1:\TECH\WATERMGT\WMD6.4\RAZ\G45SW,SW- I 9\1AA-SW I9.WPD July 23, 1998 12 ATTACHMENT A OAKLAND COUNTY DRAIN COMMISSIONER'S OFFICE STORM WATER MANAGEMENT PROJECT ILLICIT CONN. ECTION The Oakland County Drain Commissioner's Office proposes to conduct an initial intensive illicit connection program on the county's storm water system with in the Oakland County portion of the Rouge Watershed and to complement this effort with a down spout disconnection program. The county realizes that once a thorough illicit connection program has been completed and the majority of the illicit discharges have been identified and eliminated, a lesser program is sufficient to contain future problems. Oakland County Drain Commissioner's Office requests $200,000 to conduct this program over the next 3 years. In addition the Oakland County Drain Commissioner's Office will generate an additional $200,000 in local match. Local Match will be generated by: 1. In-kind services for meeting with local communities to determine investigation relationships. 2. In-kind services for department personnel in conducting investigations. 3. Out side consultant services for conducting investigation and assisting in oversight of the program, funded directly by the Oakland County Drain Commissioner's Office. The Oakland County Drain Commissioner's Office proposes the following program to include a description of a program to find, prioritize, and eliminate illicit discharges and illicit connections identified during dry weather screening activities. Once illicit discharges are identified, some type of remedial action is required. The institutional arrangements to investigate the problem areas will vary from subwatershed to subwatershed and, in fact, can vary within the subwatershed. These arrangement will be developed as part of the program but will likely include roles for the local unit of government, the Oakland County Health Department, and the Michigan Department of Environmental Quality. At this time it is anticipated the actual illicit connection removal will be the responsibility of the local unit of government. The proposed program will include the following tasks: 1. Existing Documentation Review and Establish Base Map. Prior to any field investigations, a complete investigation of existing documentation will be completed to assist in prioritizing all illicit connections detection activities. This investigation will involve the review of the large amount of data collected by the Rouge River National Wet Weather Demonstration Program (RIZINWWDP) in analyzing water quality and other information available through the Oakland County Health Department. This water quality data will be screened for consistently high concentrations of bacteria. This may indicate other pollutant sources but may also suggest an illicit discharge. Once an area of the river has been targeted, the area will be identified for future prioritization analysis which will ultimately determine which areas will require additional field activities. Establish Base Map. A single base map on which to manage the illicit connection program will be established. This information will be in the appropriate format for inclusion in the graphic information system (GIS). Task Products: Water Quality Review Results & Field Activity Area List Base Map of Watershed with outfalls indicated 2. Develop and Maintain a Complaint Line. The Oakland County Drain Commissioner's Office maintains, a complaint line. This operation has historically focused on flooding issues. As part of the effort the personnel responding to citizens complaints will receive training on how to properly respond to pollution complaints and - how the collected information should be forwarded to the appropriate division within Oakland County to assure action is taken. Task Products: Complaint Line Training Develop Complaint Line Tracking Documentation Have Pollutant Complaint Line Operational 3. Training for Field Investigations. Oakland County Drain personnel currently involved in drain inspections will be provided education in observing discharges that might pollute the river and how to report them. Specialized training will be given to specific maintenance personal for conducting dry weather screening and sampling. Training materials will be developed. Training will be for an approximately 40 people. Task Products: Training Materials Three General Training Sessions Two Specific Training Sessions 4. Outfall Dry Weather Visual Inspection. Outfall that are discharging during the dry weather visual screening will be prioritized for further investigation. Methods and forms for use in dry weather screening will be developed. A one-time specific reconnaissance survey of the outfalls and major discharge points to the river will be preformed. Updated GIS location of outfall will be taken. The use of fielding screening sample kits for surfactant may be used. Additionally, samples may be taken for E. Coli analysis. 2 • • Task Products: Develop Field Dry Weather Screening Documentation Sampling Kits Perform Dry Weather Surveys of the Outfalls Sample results Updated outfall map Field screening results report 5. Prioritization of Areas. Subject areas which have documented elevated concentrations of bacteria and documented cases of complaints or unusual observations. These subject areas will be prioritized based on to following: Areas that have been identified based on sampling and inspection will be reviewed for further investigation or comment. Complaints regarding the discharge of potentially polluted materials will be investigated as reported. Outfalls that have the highest E. Coll sample results will be given priority. Upstream visual inspection/testing may require sewer testing or dye testing based on lihe extent of agreement with the local community. Other suspicious discharges based on the estimated impact on the river. New discharges identified by county employees as part of their normal field operations. Task Product: A list of priority areas in order of priority. 6. Develop Institutional Arrangements. A definition as to which institutional entity is responsible for on-going inspections at given locations will be defined. Based on the agreements as they evolve between the Oakland County Drain Commissioner and the local unit of government, personnel from the Oakland County Drain Commissioner's Office, city offices, private contractors or Oakland County Health Department staff will be used to conduct an illicit connection facility field investigation. Once these institutional arrangements are made, the focus will shift to violation notices. Upon discovery of an illicit connection, the facility will be notified in writing of the violation. As part of this task a review of the Oakland County ordinances will be conducted. Task Products: Potential IAAs with communities to establish procedures for illicit connection notification, correction, and correction follow-up 10 Drain Office/Community Meetings 5 Drain Office/Oakland County Environmental Health Meetings Ordinance review recommendations 7. This task has been left blank intentionally. 3 Oakland*Cillpro Revised: August 5, 1998 8. Develop Illicit Connection PreventionPlan for County Storm Sewer Taps. The Oakland County Drain Commissioner's Office will develop an illicit connection prevention plan for use in plan review when initial taps in to county storm sewer are made. This may require sampling of initial discharge to verify that only storm water is discharging from tap. Task Products: County Storm Sewer Tap Prevention Plan 9. Develop List. A list of illicit discharge/connections and correction status will be prepared and submitted to the WC/RPO quarterly. A final list will be submitted upon completion of the task. Task Products: Illicit Discharge/Connection Status Report 10. Down spout Disconnection Program. Oakland County Drain Commissioner's Office will distribute the existing RRAC down spout disconnection pamphlet within the subwatershed. Task Products: Printing of Pamphlet PROJECT COST SCHEDULE Task Number Start Finish Total Local Method for Local Date Date Project Cost Match Match 1 Documentation Review 9/15/98 02/1/99 $25,000 $9,000 OC Personnel Time 2 Complaint Line 10/1/98 5/1/01 $50,000 $15,000 OC Personnel Time 3 Training 10/1/98 12/15/99 $70,000 $29,000 OC Personnel Time & Contract Services . 4 Visual Inspection 12/1/98 12/1/00 $155,000 $100,000 OC Personnel Time & Contact Services 5 Prioritization 11/1/98 12/1/99 $20,000 $12,000 OC Personnel Time 6 Institutional Arrange 10/1/98 5/1/01 $45,000 $25,000 OC Personnel Time & Contract Services 7 Left Blank Intentionally 8 County Tap Plan 11/1/98 2/1/99 $15,000 $5,000 OC Personnel Time 9 Develop List 7/1/99 5/1/01 $15,000 $5,000 OC Personnel Time 10 Down Spout 11/1/98 $5,000 Totals $400,000 $200,000 4 Attachment "B" Page 1 of 5 Grant dpreement AmMetnem Amendment 0 A FY 1997 APPROPRIATIONS ACT P.L. 104-294 N/A 5. Proioct Type e. Treednent Proems Document Control Number PWX010 Budget I rganizationi 1 E 0530AK9 0bjec Class N3X 41,11 Obligation /I peobligatiorl 1 6,000,000 Site Name FY Approp. 98 Program Element Site/Project Cost prganastion 01) A U.S. ENVIRONMENTAL PROTECTKM AGENCY EPA ASSISTANCE AGREEMENT / AMENDMENT PART I - ASSISTANCE NOTIFICATION INFORMATION I. ASSISTANCE ID 00. I 2 LOG NUMBER - X g.-95743t4-0 I 05-X -000 107.'f'2119.98 4, MAILING vg Ma 15. AGREEMENT TYPE 6. PAYMENT METHOD I Cammemive Aereement I E 0 113 ACH - 0512 Li Send Pmement Request tea 17. TYPE OF ACTION COMPTROLLER BRANCH, MF-10J I CONTINUATION CONGRESSIONAL DISTRICT 13 & RECIPIENT WAYNE COUNTY - MICHIGAN 415 CLIFFORD DEMOIT, MI 48226 EIN NO. 38-6004895 9. PAYEE WAYNE COUNTY - MICHIGAN 415 CLIFFORD DETROIT, MI 48226 10. RECIPIENT TYPE COUNTY OR PARISH 11. PROJECT MANAGER AND TELEPHONE NO. JAMES E MURRAY (313) 224-3631 • 1 ISSUING OFFICE (CITY! STATE) US ENVIRONMENTAL PROTECTION AGENCY ACQUISMON-ASSISTANCE BRANCH US EPA, REGION 5, MC-10J 77 WJACKSOIn4 BLVD CHICAGO, IL 60604-3590 12. CONSULTANT (wen* construction Grans *My) N/A 1 14, EPA PROJECT/ STATE OFFICER AND TELEPHONE NO.. WOJCIK -.- WATER DIVISION WS-15J. (31286-0174 ,15. EPA CONGRESSIONAL L/A1SON & PHONE L.1_,SARSARA BROOKS, (202) 260-5660 : rATUTORY AUT11ORITY 16. STATE APPL ID N/A 20. REGULATORY AUTHORITY 40 CFR PART 31 17. SCIENCE FIELDI 1& PROJECT STEP NA orevr c..gructhm, Grant. Only) N/A 21. STEP 2 + 3 & STEP 3 morr construction Wants Only) a. Treatment Level N/A 22. PROJECT TITLE AND DESCRIPTION . ROUGE RIVER NATIONAL WET WEATHER DEMONSTRATION 23. PROJECT LOCATION !Ammo Mmected Olt,/ Pta Cou.ty State Ganqrsoional Oistrid ROUGE RIVER WATERSHED WAYNE MI . . MU LT IP. LE 24. ASSISTANCE PROGRAM (cm* Ptasinne No. & PIM) : 25. PROJECT PERIOD 26. BUDGET PERIOD 06/01198 - 12/31/00 06/01/98 - 12/31/00 27. COMMUNITY POPULATION I 28. TOTAL BUDGET PERIOD COST 21). TOTAL PROJECT PERIOD COST crvver Coneduction Caants Only) - N/A $29,090,909 529,090,909 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL I 1 SO Si 6,000.000 J.." CFA in-narmt AMOuife SZ. Uncapenekd Prior Year &stance • ZS Other Feeltral Funds 0 0 St., R4miolerrt Contribirban 0 13,090.909 Mete Com:Mx/bon 0 0 34. 4.0CM Contribution 0 0 37., Other Contnowtion 0 0 , 16 Allemeele Projacz Coot SO 529,090.909 - • C.A we...au.. admen= nInd EPA Foe.... 1700.F.A.3.C. and 0. .41 of wP•ch 1.re emend* *. C- - ASSISTANCE ICIENTIFIC.ATION: X 99574344-0 PAST II - APPROVED BUDGET Pace _ TABLE A - OBJECT CLASS CATEGORY TOTAL APPROVE AU-OWABLE - (Non-comserueocom BUDGET PERIOD COST - .. 1. PERSONNEL 5756.308 1 'FRINGE BENEFTTS e: 701.929 - .4.; TRAVEL 78.100 4. EQUIPMENT 68.700 S. SUPPLIES 25.200 6.. CONTRACTUAL 8.246.703 7. CONSTRUCTION 18.895.000 8- OTHER 70.069 9. TOTAL DIRECT CHARGES 528.843.009 -- 10. INDIRECT COSTS: RATE 17.00 % BASE 1.458.237 247,900 11. TOTAL (Share: Recipient 45.00% Federal 55.00 y...) $29,090,909 12. TOTAL APPROVED ASSISTANCE AMOUNT . 516,000,000. TABLE B - PROGRAM ELEMENT CLASSIFICATION' ManewwW.Actialp 1. 2.- 3. • ... 4. . . ' 5. . • 6. • 7. S. 9. • 12 TOTAL (Share: Recipient X Federal X.) 13. TOTAL APPROVED ASSISTANCE AMOUNT - TABLE C - PROGRAM ELEMENT CLASSIFICATION -:,- (c4,..ertiol.we 1. ADMINISTRATION EXPENSE _ 2. PRELIMINARY EXPENSE 3. LAND STRUCTURES. RIGHT-OF-WAY 4. ARCHITECTURAL ENGINEERING BASIC FEES 5. OTHER ARCHITECTURAL ENGINEERING FEES 6. PROJECT INSPECTION FEES - 7. LAND DEVELOPMENT - 8. RELOCATION EXPENSE - 9. RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS - • 10. DEMOLITION AND REMOVAL _ ' 12 EQUIPMENT _ 13. MISCELLANEOUS - 1,4. TOTAL (um.. I tam 1s) . - 15. ESTIMATED INCOME fit .0.6...bt.) . 16. NET PROJECT AMOUNT (Low 14 minus Is) 17. LESS: INELIGIBLE EXCLUSIONS 18. ADD: CONTINGENCIES : TOTAL (Share: Recipient x Federal 20. TOTAL APPROVED ASSISTANCE AMOUNT • .; ;PART Ill — AWARD CONDITIONS ASSISTANCE IDENTIFICATION: X 995743-o4-3 Page 1 of 5 TERMS AND CONDITIONS THIS AWARD IS IN RESPONSE TO THE RECIPIENTS JUNE 3, 1997, APPLICATION. 1. RECYCLED PAPER .Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to the Agency. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. • 2. SMALL BUSINESS IN RURAL AREAS By accepting this agreement, the recipient agrees to comply with Settion 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 that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements when economically feasible, into small tasks or quantities to permit rrkiximum 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 subc.:-"?-acts, to take the affirmative steps in subparagraphs a. through e. of this condition. 3. FAIR SHARE Tne recipient must ensure to the fullest extent possible that at least 8% (Equipment), 8% (Supplies) and 20% (Construction) of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals and historically black colleges and universities, and that at least 4% (Equipment), 4% (Supplies), and 8% • (Construction) of such funds are made available to organizations owned or controlled by women. The recipient agrees, in the event of any contracting, to include in its bid documents a 8% -(Equipment), 8% (Supplies) and 20% (Construction) MBE and 4% (Equipment), 4% (Supplies), .and 8% (Construction) WBE "Fair Share" and require all of its prime contractors to include in their documents for subcontracts 8% (Equipment), 8% (Supplies) and 20% (Construction) MBE and 4% (Equipment), 4% (Supplies), and 8% (Construction) WBE "Fair Share" percentages. r- The recipient also agrees to comply with the six affirmative steps of the "Fair Share" policy stated in 40 CFR 30.66(b), 31.36(e) or 35.680(a), as appropriate. .1 "ow. fTnn-7[5• I R i•-•M ,ASSISTANCS IDENTIFICATION: X 99574344-o PART in — AWARD CONDITIONS Page 4 at n t..4 ' --,, In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair hare objective for MBEs/WBEs, the recipient agrees to notify EPA in advance of any rice and/or gender conscious action it plans to take to more closely achieve the fair share objective. The State and/or recipient agrees to submit EPA Form 5700-52A "MBENVBE litilation Under Federal Grants, Cooperative Agreements, and other Federal Financial Assistance', to the EPA award official beginning with the Federal fiscal year quarter the recipient awards its first contract and continuing until all contracts and subcontracts have been reported. These reports must be submitted to the award official within 30 days of the end of the Federal fiscal quarter (January 30, April 30, July 30 and October 30). 4. PUBUC ACCOMMODATION The recipient agrees to ensure that all conference,-meeting, convention 'or training space funded in whole or in part with Federal funds, complies with the Hotel and Motel Fire Safety Act bf 1990. 5. The recipient agrees that prior to initiating any work associated with Project Groups Three (G3) "Wetlands Restoration Projects" and Four (G4) "Wetlands and Recreation", the recipient shall submit, and receive USEPA approval for,.further detailed Work plans for activities associated with these project groups. The recipient agrees that USEPA shall be provided with at least 45 days to review and provide comments on these detailed work plans. The recipient further agrees that it will comply with "Federal Guidance for the Establishment, Use and Operation of Mitigation Banks" dated August 1995. 1 ikninimmomikront ASSISTANCE IDENTIFICATION: X 99574-tb4. Page 5 of 5 • C. SPECIAL CONDMONS ieoniktuadl • • PART IV NOTE The AgrSement must be completed in duplicate and the Original returned to the Grants Administration Division for Headquarters awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA.. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement OFFER AND ACCEPTANCE The United States of America, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers assistance/amendment to the WAYNE COUNTY-MICHIGAN for 55.00 of all approved RECIPIENT ORGANIZATION costs incurred up to and not exceeding S 16,000.000 for the support of approved budget period effort described ASSISTANCE AMOUNT - In application (including all application modifications) cited in Item 22 of this Agreement ROUGE RIVER NATIONAL WET WEATHER.DEMONSTRATION DATE AND TITLE , included herein by reference. ISSUING OFFICE tome. Administration Mind ORGANIZATION / ADDRESS ACQUISITION-ASSISTANCE BRANCH US EPA, REGION 5, MC-10J 77 W JACKSON BLVD AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS WATER DIVISION US EPA, REGION 5, W-15./ 77 W JACKSON BLVD THE UNITED STATE • F AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY SIG N# m TURY_QF. AWAF)15ZIFElelf 'TYPED NAME AND VTLE- JO LYNN TFtAUB, DIRECTOR / A / . A WATER DIVISION, REGION 5 This agreement i; sZbject to a' pp ble U.Sinvironmental Protection Agency statutory provisions and assistance regulations. In accepting this award or amend ent and ;fry payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the applicable provisions of 40 CFR Chapter I, Subchapter B and of the provisions of this agreement (Parts I thru IV), and (b) that : acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited In MI to EPA. • BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE I TYPED NAME AND TITLE Dmi F /47rAholigiet9 Wiz:I/YVA— e4 Er-447'47e' JUN 16 1998. REP-Y TO THE ATTENTICN CF: itO arra,. UNITED STATES ENViSONMENTAL PROTECTION AGENCY • i"`s.111.1/7 Z14- 77 WEST JACKSON BOULEVARD ,...) ._ CHICAGO, IL 60604-3590 A.) ic pRoTe- . c ". C- C. MC-10J „..‘ C,.-- ..1.. K... e ' ,.. ,... L,„,,,,, „,‘,3 • "14 s'...2 ,.. • • _ - -.7 • .2*-- -1 „ft ... • :/-::1 %.;40, r. • d., ... to7A ----•"\\ ,;.,),., e / Mr. Butler Benton. Jr. Director of Aciministration Wayne County Department of Environment 415 Clifford Detroit. MI 43226 Re: WBE/MBE Fair Share Goals Dear Mr. Benton: This letter will contirr" n our telephone call of June 15, 1998 regarding the correction of the services goals of all of Wayne County Department of Environment's proposed fair share for your assistance agreements with the United States Environmental protection. Agency (USEPA). As • you may know, under USEPA's interim MBETWEE policy, these goals may also be used by local government and non-profit recipients in your state in Lieu of conducting an independent availability analysis. On behalf of Region 5, we thanieyou and your Stra#' for their courtesy and cooperation during this process. For FY98, the fair share goals for your assistance agreement(s) will be : SRF Construction 20% MBE 10% WEE Service 20% i)/1.BE 10% WEE Equipment S% MBE 4% WEE S upplies 3% MBE 4% WEE Although USEPA's final MBEWBE policy is still under consideration, because of the United States Supreme Court holding in fkdarand v. Pena, it is possible that USEPA tate grant recipients may be required to perform an annual availability analysis before a grant can be awarded. Similarly, the draft Final MBETWBE Guidance requires all grantees to track their acquisition of supplies. services, equipment and construction by demographic status of the contractor or vendor. We realize that these requirements may place additional burdens on your resources and we urge you to plan for them in advance. According to USEPA's .Office of General Counsel. at least part of the expense of performing an availability analysis would be an allowable expense under USEPA's State Revolving Fund and Superfund grants. PecyclinlVRecyclatoie Prtntod vwol Vaor..abie CI Basso InIts on SO% Aavocoo Foos, (20% Posoonvonon I r - • .1 • : • J fr .z USEPA's Grants Administration Division and OEce of Small and Disadvantaged Business Utilization are directing the revisions to the MBE/WBE policy. It is their intention to promulgate formal MBEAVBE regulations applicable to all USEPA grants. Since they will affect your USEPA grants, we suggest that you consider commenting on the proposed regulations during the rule making process. If I can be of any assistance, please do not hesitate to call. My direct dial number is (312) 353-5677. Sincerely, RobekI. ofiardson • 5L1../1 Regional MBE/WBE Coordinator cc: a Robert Springer Assistant Regional Administrator Lynn Donley Associate Re.onal Counsel THIS LE. I ta WAS ALSO SENT TO THE FOLLOWING PERSONS: M. GADE G. HUGHES J. HA.MILTON P. LARSON J. NOVAK General Fund 4101 1-61-111001-XXXXX-0113 Federal Grant Revenue 2-61-211001-XXXXX-2560 Consulting Expense Total FISCAL NOTE (Misc. #98231) September 24, 1998 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: THE DRAIN COMMISSIONER - STORM WATER MANAGEMENT PROJECT-ILLICIT CONNECTION PROGRAM; $200,000 GRANT APPLICATION/ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Drain Commissioner has applied to Wayne County for funding from the Rouge River National Wet Weather Demonstration Project, Rouge River Storm Water Project Grant. 2. Total project cost is $400,000 of which $200,000 is County Match, which will be charged to the maintenance funds from the respective County Drains. 3. This fiscal note proposes to amend the General Fund, Drain Administration budget, as follows: FY 1999 $200,000 $200,000 $ 0 FINANCE COMMITTEE FINANCE COMMITTEE: Motion carried unanimously on a roll call vote with Garfield absent. 'Alor Resolution #98231 September 24, 1998 Moved by Palmer supported by McCulloch the resolution be adopted. AYES: Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt. (24) NAYS: None. (C) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, 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 September 24, 1998 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 24th day of September 1998. Allen, County Clerk